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SENATE AMENDED
PRIOR PRINTER'S NO. 214
PRINTER'S NO. 2180
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
224
Session of
2015
INTRODUCED BY CHRISTIANA, MACKENZIE, MUSTIO, TOEPEL, BLOOM,
MILLARD, CUTLER, KAUFFMAN, SAYLOR, MALONEY, BARRAR, DIAMOND,
RAPP, DRISCOLL, V. BROWN, MARSICO, VEREB, A. HARRIS, GROVE,
COX, GABLER, PHILLIPS-HILL, GILLEN, SIMMONS, MURT, FARRY,
ROAE AND MOUL, JANUARY 26, 2015
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, SEPTEMBER 16, 2015
AN ACT
Providing AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14),
ENTITLED "AN ACT RELATING TO THE PUBLIC SCHOOL SYSTEM,
INCLUDING CERTAIN PROVISIONS APPLICABLE AS WELL TO PRIVATE
AND PAROCHIAL SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND
CHANGING THE LAWS RELATING THERETO," PROVIDING for the
posting of annual financial information for public school
entities.; IN PUPILS AND ATTENDANCE, FURTHER PROVIDING FOR
EDUCATION AND TRAINING OF EXCEPTIONAL CHILDREN; IN CHARTER
SCHOOLS, FURTHER PROVIDING FOR DEFINITIONS AND FOR SCHOOL
STAFF; IN VOCATIONAL EDUCATION, FURTHER PROVIDING FOR
VOCATIONAL EDUCATION EQUIPMENT GRANTS; IN COMMUNITY COLLEGES,
FURTHER PROVIDING FOR FINANCIAL PROGRAM AND PAYMENT
REIMBURSEMENT; IN DISRUPTIVE STUDENT PROGRAMS, FURTHER
PROVIDING FOR APPLICATIONS; IN PRIVATE ALTERNATIVE EDUCATION
INSTITUTIONS FOR DISRUPTIVE STUDENTS, FURTHER PROVIDING FOR
CONTRACTS WITH PRIVATE ALTERNATIVE EDUCATION INSTITUTIONS; IN
FUNDING FOR PUBLIC LIBRARIES, PROVIDING FOR STATE AID FOR
FISCAL YEAR 2015-2016; AND, IN REIMBURSEMENTS BY COMMONWEALTH
AND BETWEEN SCHOOL DISTRICTS, PROVIDING FOR STUDENT-WEIGHTED
BASIC EDUCATION FUNDING; FURTHER PROVIDING FOR PAYMENTS TO
INTERMEDIATE UNITS, FOR SPECIAL EDUCATION PAYMENTS TO SCHOOL
DISTRICTS, FOR EXTRAORDINARY SPECIAL EDUCATION PROGRAM
EXPENSES, FOR SPECIAL EDUCATION FUNDING FOR ELIGIBLE STUDENTS
WITH DISABILITIES IN COST CATEGORY 3, AND FOR ASSISTANCE TO
SCHOOL DISTRICTS DECLARED TO BE IN FINANCIAL RECOVERY STATUS
OR IDENTIFIED FOR FINANCIAL WATCH STATUS; AND PROVIDING FOR
READY-TO-LEARN BLOCK GRANTS.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public School
Web Accountability and Transparency (SchoolWATCH) Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative staff." Employees of a public school entity
that include, but are not limited to, superintendents, assistant
superintendents, deputy superintendents, principals, assistant
principals, supervisors, managers, directors and coordinators.
"Area vocational-technical school." As defined in section
1841 of the Public School Code of 1949.
"Average daily membership." As defined in section 2501 of
the Public School Code of 1949.
"Charter school." As defined in section 1703-A of the Public
School Code of 1949.
"Charter school entity." A charter school, cyber charter
school or regional charter school as defined in section 1703-A
of the Public School Code of 1949.
"Cyber charter school." As defined in section 1703-A of the
Public School Code of 1949.
"Department." The Department of Education of the
Commonwealth.
"Expenditures." As defined in section 602-A of the Public
School Code of 1949.
"Facilities acquisition and construction expenditures."
Expenditures related to the purchase or improvement of land,
buildings, service systems and built-in equipment.
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"General fund balance." The balance in a public school
entity's general fund, which shall not include nonspendable and
restricted fund balances.
"Instructional expenditures." Expenditures related to all
those activities dealing directly with the interaction between
teachers and students and related costs, which can be directly
attributed to a program of instruction.
"Market value/personal income aid ratio." A school
district's combined market value and personal income wealth per
pupil relative to the State average.
(1) For an area vocational-technical school, this amount
shall be calculated based on the sum of market value and
personal income wealth data for each of the area vocational-
technical school's component school districts.
(2) For a charter school or regional charter school,
this amount shall be calculated based on the sum of market
value and personal income wealth data for each school
district that granted a charter to the charter school or
regional charter school under section 1717-A or 1718-A of the
Public School Code of 1949.
(3) For a cyber charter school, this amount shall be
calculated based on the sum of market value and personal
income wealth data for the school district in which the cyber
charter school's administrative offices are located.
"Noninstructional expenditures." Expenditures related to
activities concerned with providing noninstructional services to
students, staff or the community.
"Other financing uses." Current debt service expenditures
and other expenses such as the refunding of debt and transfers
of money from one fund to another.
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"Public School Code of 1949." The act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
"Public school entity." Any of the following:
(1) An area vocational-technical school.
(2) A school district.
(3) A charter school entity.
"Regional charter school." As defined in section 1703-A of
the Public School Code of 1949.
"School district." As defined in section 102 of the Public
School Code of 1949.
"School performance profile." A comprehensive overview of
student academic performance in a public school entity compiled
annually by the department.
"Support services expenditures." Expenditures related to
those services that provide administrative support, technical
support, including, but not limited to, guidance and health, and
logistical support to facilitate and enhance instruction.
Section 3. Financial information to be posted.
(a) Information.--Within 90 days of the effective date of
this act and by May 31 of each year thereafter, the department
shall post all of the following for each public school entity on
its publicly accessible Internet website, to the extent the
information is available to the department:
(1) The following financial information for the public
school entity for the most recent fiscal year for which the
public school entity reported such information to the
department:
(i) Total expenditures in the following categories:
(A) Instructional.
(B) Support services.
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(C) Noninstructional.
(D) Facilities acquisition and construction.
(E) Other financing uses.
(ii) The public school entity's per-student
expenditures, on each of the following bases:
(A) Based on the public school entity's
instructional expenditures.
(B) Based on the public school entity's total
expenditures.
(iii) The public school entity's per-student charter
school tuition rates in each of the following categories:
(A) For regular education students.
(B) For special education students.
(iv) The public school entity's average daily
membership.
(v) The public school entity's market value/personal
income aid ratio.
(vi) The average teacher salary in the public school
entity.
(vii) Total revenues from the following sources:
(A) Federal.
(B) State.
(C) Local.
(D) Other.
(viii) The public school entity's general fund
balance.
(2) A link to the most recent of each of the following
reports filed by the public school entity with the
department:
(i) Summaries of financial report data.
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(ii) Nonadministrative staff compensation report.
(iii) Administrative staff compensation report.
(3) A link to the public school entity's publicly
accessible Internet website, where available.
(4) A statement instructing the public to contact the
public school entity for access to any union contract.
(b) Posting.--In posting financial information as required
under this section, the department shall:
(1) Post all information as a "View Fiscal Information"
icon located on a School Performance Profile that the
department shall compile annually for each public school
entity.
(2) Post all information in a location and manner that
is easily accessible to the public.
(3) Include all definitions and other explanatory
references that may be necessary to assist Internet website
users in understanding the posted information.
(4) Use existing databases and electronic reporting
systems to the extent possible.
(5) Provide for an electronic feature that will allow
the public to compare financial information for a minimum of
four public school entities.
(6) Beginning with information pertaining to the 2012-
2013 fiscal year, post the information required under
subsection (a)(1) for at least the most recent three fiscal
years for which such information is available to the
department, including a trend graph displaying the change in
the amount reported each year from the amount reported in the
previous year.
(c) Limitation.--The department's posting of financial
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information under this section shall not be construed to:
(1) Require a public school entity to provide the
department with any additional information, data or reports
that the public school entity is not already required to
provide to the department as of the effective date of this
act.
(2) Require any public school entity to provide the
department with additional information beyond the information
required to be provided to the department by any other public
school entity.
Section 4. Effective date.
This act shall take effect immediately.
SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN
AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING AN
ARTICLE TO READ:
ARTICLE VI-B
SCHOOL WATCH
SECTION 601-B. SCOPE.
THIS ARTICLE RELATES TO PUBLIC SCHOOL WEB ACCOUNTABILITY AND
TRANSPARENCY (SCHOOLWATCH).
SECTION 602-B. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ADMINISTRATIVE STAFF." EMPLOYEES OF A PUBLIC SCHOOL ENTITY
THAT INCLUDE, BUT ARE NOT LIMITED TO, SUPERINTENDENTS, ASSISTANT
SUPERINTENDENTS, DEPUTY SUPERINTENDENTS, PRINCIPALS, ASSISTANT
PRINCIPALS, SUPERVISORS, MANAGERS, DIRECTORS AND COORDINATORS.
"AREA VOCATIONAL-TECHNICAL SCHOOL." AS DEFINED IN SECTION
1841.
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"AVERAGE DAILY MEMBERSHIP." AS DEFINED IN SECTION 2501.
"CHARTER SCHOOL." AS DEFINED IN SECTION 1703-A.
"CHARTER SCHOOL ENTITY." A CHARTER SCHOOL, CYBER CHARTER
SCHOOL OR REGIONAL CHARTER SCHOOL AS DEFINED IN SECTION 1703-A.
"CYBER CHARTER SCHOOL." AS DEFINED IN SECTION 1703-A.
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"EXPENDITURES." AS DEFINED IN SECTION 602-A.
"FACILITIES ACQUISITION AND CONSTRUCTION EXPENDITURES."
EXPENDITURES RELATED TO THE PURCHASE OR IMPROVEMENT OF LAND,
BUILDINGS, SERVICE SYSTEMS AND BUILT-IN EQUIPMENT.
"GENERAL FUND BALANCE." THE BALANCE IN A PUBLIC SCHOOL
ENTITY'S GENERAL FUND, WHICH SHALL NOT INCLUDE NONSPENDABLE AND
RESTRICTED FUND BALANCES.
"INSTRUCTIONAL EXPENDITURES." EXPENDITURES RELATED TO ALL
THOSE ACTIVITIES DEALING DIRECTLY WITH THE INTERACTION BETWEEN
TEACHERS AND STUDENTS AND RELATED COSTS, WHICH CAN BE DIRECTLY
ATTRIBUTED TO A PROGRAM OF INSTRUCTION.
"MARKET VALUE/PERSONAL INCOME AID RATIO." A SCHOOL
DISTRICT'S COMBINED MARKET VALUE AND PERSONAL INCOME WEALTH PER
PUPIL RELATIVE TO THE STATE AVERAGE.
(1) FOR AN AREA VOCATIONAL-TECHNICAL SCHOOL, THIS AMOUNT
SHALL BE CALCULATED BASED ON THE SUM OF MARKET VALUE AND
PERSONAL INCOME WEALTH DATA FOR EACH OF THE AREA VOCATIONAL-
TECHNICAL SCHOOL'S COMPONENT SCHOOL DISTRICTS.
(2) FOR A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL,
THIS AMOUNT SHALL BE CALCULATED BASED ON THE SUM OF MARKET
VALUE AND PERSONAL INCOME WEALTH DATA FOR EACH SCHOOL
DISTRICT THAT GRANTED A CHARTER TO THE CHARTER SCHOOL OR
REGIONAL CHARTER SCHOOL UNDER SECTION 1717-A OR 1718-A.
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(3) FOR A CYBER CHARTER SCHOOL, THIS AMOUNT SHALL BE
CALCULATED BASED ON THE SUM OF MARKET VALUE AND PERSONAL
INCOME WEALTH DATA FOR THE SCHOOL DISTRICT IN WHICH THE CYBER
CHARTER SCHOOL'S ADMINISTRATIVE OFFICES ARE LOCATED.
"NONINSTRUCTIONAL EXPENDITURES." EXPENDITURES RELATED TO
ACTIVITIES CONCERNED WITH PROVIDING NONINSTRUCTIONAL SERVICES TO
STUDENTS, STAFF OR THE COMMUNITY.
"OTHER FINANCING USES." CURRENT DEBT SERVICE EXPENDITURES
AND OTHER EXPENSES SUCH AS THE REFUNDING OF DEBT AND TRANSFERS
OF MONEY FROM ONE FUND TO ANOTHER.
"PUBLIC SCHOOL ENTITY." ANY OF THE FOLLOWING:
(1) AN AREA VOCATIONAL-TECHNICAL SCHOOL.
(2) A SCHOOL DISTRICT.
(3) A CHARTER SCHOOL ENTITY.
"REGIONAL CHARTER SCHOOL." AS DEFINED IN SECTION 1703-A.
"SCHOOL DISTRICT." AS DEFINED IN SECTION 102.
"SCHOOL PERFORMANCE PROFILE." A COMPREHENSIVE OVERVIEW OF
STUDENT ACADEMIC PERFORMANCE IN A PUBLIC SCHOOL ENTITY COMPILED
ANNUALLY BY THE DEPARTMENT.
"SUPPORT SERVICES EXPENDITURES." EXPENDITURES RELATED TO
THOSE SERVICES THAT PROVIDE ADMINISTRATIVE SUPPORT, TECHNICAL
SUPPORT, INCLUDING, BUT NOT LIMITED TO, GUIDANCE AND HEALTH, AND
LOGISTICAL SUPPORT TO FACILITATE AND ENHANCE INSTRUCTION.
SECTION 603-B. FINANCIAL INFORMATION TO BE POSTED.
(A) INFORMATION.--WITHIN 90 DAYS OF THE EFFECTIVE DATE OF
THIS SECTION AND BY MAY 31 OF EACH YEAR THEREAFTER, THE
DEPARTMENT SHALL POST ALL OF THE FOLLOWING FOR EACH PUBLIC
SCHOOL ENTITY ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE, TO
THE EXTENT THE INFORMATION IS AVAILABLE TO THE DEPARTMENT:
(1) THE FOLLOWING FINANCIAL INFORMATION FOR THE PUBLIC
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SCHOOL ENTITY FOR THE MOST RECENT FISCAL YEAR FOR WHICH THE
PUBLIC SCHOOL ENTITY REPORTED SUCH INFORMATION TO THE
DEPARTMENT:
(I) TOTAL EXPENDITURES IN THE FOLLOWING CATEGORIES:
(A) INSTRUCTIONAL.
(B) SUPPORT SERVICES.
(C) NONINSTRUCTIONAL.
(D) FACILITIES ACQUISITION AND CONSTRUCTION.
(E) OTHER FINANCING USES.
(II) THE PUBLIC SCHOOL ENTITY'S PER-STUDENT
EXPENDITURES, ON EACH OF THE FOLLOWING BASES:
(A) BASED ON THE PUBLIC SCHOOL ENTITY'S
INSTRUCTIONAL EXPENDITURES.
(B) BASED ON THE PUBLIC SCHOOL ENTITY'S TOTAL
EXPENDITURES.
(III) THE PUBLIC SCHOOL ENTITY'S PER-STUDENT CHARTER
SCHOOL TUITION RATES IN EACH OF THE FOLLOWING CATEGORIES:
(A) FOR REGULAR EDUCATION STUDENTS.
(B) FOR SPECIAL EDUCATION STUDENTS.
(IV) THE PUBLIC SCHOOL ENTITY'S AVERAGE DAILY
MEMBERSHIP.
(V) THE PUBLIC SCHOOL ENTITY'S MARKET VALUE/PERSONAL
INCOME AID RATIO.
(VI) THE AVERAGE TEACHER SALARY IN THE PUBLIC SCHOOL
ENTITY.
(VII) TOTAL REVENUES FROM THE FOLLOWING SOURCES:
(A) FEDERAL.
(B) STATE.
(C) LOCAL.
(D) OTHER.
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(VIII) THE PUBLIC SCHOOL ENTITY'S GENERAL FUND
BALANCE.
(2) A LINK TO THE MOST RECENT OF EACH OF THE FOLLOWING
REPORTS FILED BY THE PUBLIC SCHOOL ENTITY WITH THE
DEPARTMENT:
(I) SUMMARIES OF FINANCIAL REPORT DATA.
(II) NONADMINISTRATIVE STAFF COMPENSATION REPORT.
(III) ADMINISTRATIVE STAFF COMPENSATION REPORT.
(3) A LINK TO THE PUBLIC SCHOOL ENTITY'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE, WHERE AVAILABLE.
(4) A STATEMENT INSTRUCTING THE PUBLIC TO CONTACT THE
PUBLIC SCHOOL ENTITY FOR ACCESS TO ANY UNION CONTRACT.
(B) POSTING.--IN POSTING FINANCIAL INFORMATION AS REQUIRED
UNDER THIS SECTION, THE DEPARTMENT SHALL:
(1) POST AND COMPILE ANNUALLY ALL INFORMATION AS A "VIEW
FISCAL INFORMATION" ICON LOCATED ON A SCHOOL PERFORMANCE
PROFILE FOR EACH PUBLIC SCHOOL ENTITY.
(2) POST ALL INFORMATION IN A LOCATION AND MANNER THAT
IS EASILY ACCESSIBLE TO THE PUBLIC.
(3) INCLUDE ALL DEFINITIONS AND OTHER EXPLANATORY
REFERENCES THAT MAY BE NECESSARY TO ASSIST INTERNET WEBSITE
USERS IN UNDERSTANDING THE POSTED INFORMATION.
(4) USE EXISTING DATABASES AND ELECTRONIC REPORTING
SYSTEMS TO THE EXTENT POSSIBLE.
(5) PROVIDE FOR AN ELECTRONIC FEATURE THAT WILL ALLOW
THE PUBLIC TO COMPARE FINANCIAL INFORMATION FOR A MINIMUM OF
FOUR PUBLIC SCHOOL ENTITIES.
(6) BEGINNING WITH INFORMATION PERTAINING TO THE 2012-
2013 FISCAL YEAR, POST THE INFORMATION REQUIRED UNDER
SUBSECTION (A)(1) FOR AT LEAST THE MOST RECENT THREE FISCAL
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YEARS FOR WHICH SUCH INFORMATION IS AVAILABLE TO THE
DEPARTMENT, INCLUDING A TREND GRAPH DISPLAYING THE CHANGE IN
THE AMOUNT REPORTED EACH YEAR FROM THE AMOUNT REPORTED IN THE
PREVIOUS YEAR.
(C) LIMITATION.--THE DEPARTMENT'S POSTING OF FINANCIAL
INFORMATION UNDER THIS SECTION SHALL NOT BE CONSTRUED TO:
(1) REQUIRE A PUBLIC SCHOOL ENTITY TO PROVIDE THE
DEPARTMENT WITH ANY ADDITIONAL INFORMATION, DATA OR REPORTS
THAT THE PUBLIC SCHOOL ENTITY IS NOT ALREADY REQUIRED TO
PROVIDE TO THE DEPARTMENT AS OF THE EFFECTIVE DATE OF THIS
ACT.
(2) REQUIRE ANY PUBLIC SCHOOL ENTITY TO PROVIDE THE
DEPARTMENT WITH ADDITIONAL INFORMATION BEYOND THE INFORMATION
REQUIRED TO BE PROVIDED TO THE DEPARTMENT BY ANY OTHER PUBLIC
SCHOOL ENTITY.
SECTION 2. SECTION 1372(8) OF THE ACT, ADDED MAY 10, 2000
(P.L.44, NO.16), IS AMENDED TO READ:
SECTION 1372. EXCEPTIONAL CHILDREN; EDUCATION AND
TRAINING.--* * *
(8) REPORTING OF EXPENDITURES RELATING TO EXCEPTIONAL
STUDENTS.
(I) BY DECEMBER 31, 2000, AND EACH YEAR THEREAFTER, EACH
SCHOOL DISTRICT SHALL COMPILE INFORMATION LISTING THE NUMBER OF
STUDENTS WITH DISABILITIES FOR WHICH EXPENDITURES ARE BETWEEN
TWENTY-FIVE THOUSAND DOLLARS ($25,000) AND FIFTY THOUSAND
DOLLARS ($50,000), BETWEEN FIFTY THOUSAND DOLLARS ($50,000) AND
SEVENTY-FIVE THOUSAND DOLLARS ($75,000) AND OVER SEVENTY-FIVE
THOUSAND DOLLARS ($75,000) FOR THE PRIOR SCHOOL YEAR. THE
INFORMATION SHALL BE SUBMITTED TO THE DEPARTMENT IN A FORM
PRESCRIBED BY THE DEPARTMENT. BY FEBRUARY 1, 2001, AND EACH YEAR
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THEREAFTER, THE DEPARTMENT SHALL SUBMIT TO THE CHAIRMAN AND
MINORITY CHAIRMAN OF THE EDUCATION AND APPROPRIATIONS COMMITTEES
OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
EDUCATION AND APPROPRIATIONS COMMITTEES OF THE HOUSE OF
REPRESENTATIVES A REPORT LISTING THIS INFORMATION BY SCHOOL
DISTRICT.
(II) BEGINNING WITH THE 2015-2016 SCHOOL YEAR, THE
DEPARTMENT SHALL ANNUALLY ADJUST THE DOLLAR RANGES FOR WHICH THE
INFORMATION IS COLLECTED UNDER THIS SECTION BY THE CONSUMER
PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE PENNSYLVANIA, NEW
JERSEY, DELAWARE AND MARYLAND AREA.
SECTION 3. SECTION 1703-A OF THE ACT IS AMENDED BY ADDING A
DEFINITION TO READ:
SECTION 1703-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
"AID RATIO" AND "MARKET VALUE/INCOME AID RATIO" SHALL BE THE
AID RATIO AND MARKET VALUE/INCOME AID RATIO FOR THE SCHOOL
DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR, IN THE CASE
OF A REGIONAL CHARTER SCHOOL, A COMPOSITE AID RATIO AND MARKET
VALUE/INCOME AID RATIO FOR THE PARTICIPATING SCHOOL DISTRICTS AS
DETERMINED BY THE DEPARTMENT.
* * *
SECTION 4. SECTION 1724-A(C) OF THE ACT, AMENDED JUNE 30,
2011 (P.L.112, NO.24), IS AMENDED TO READ:
SECTION 1724-A. SCHOOL STAFF.--* * *
(C) ALL EMPLOYES OF A CHARTER SCHOOL SHALL BE ENROLLED IN
THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM IN THE SAME
MANNER AS SET FORTH IN 24 PA.C.S. § 8301(A) (RELATING TO
MANDATORY AND OPTIONAL MEMBERSHIP) UNLESS AT THE TIME OF THE
APPLICATION FOR THE CHARTER SCHOOL THE SPONSORING DISTRICT OR
THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL HAS A RETIREMENT
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PROGRAM WHICH COVERS THE EMPLOYES OR THE EMPLOYE IS CURRENTLY
ENROLLED IN ANOTHER RETIREMENT PROGRAM. [THE COMMONWEALTH SHALL
MAKE CONTRIBUTIONS ON BEHALF OF CHARTER SCHOOL EMPLOYES ENROLLED
IN THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM.] THE CHARTER
SCHOOL SHALL BE CONSIDERED A PUBLIC SCHOOL [DISTRICT] AS DEFINED
IN 24 PA.C.S. § 8102 (RELATING TO DEFINITIONS) AND SHALL MAKE
QUARTERLY PAYMENTS BY EMPLOYERS TO THE PUBLIC SCHOOL EMPLOYEES'
RETIREMENT SYSTEM AND MONTHLY PAYMENTS ON ACCOUNT OF SOCIAL
SECURITY AS ESTABLISHED UNDER 24 PA.C.S. PT. IV (RELATING TO
RETIREMENT FOR SCHOOL EMPLOYEES). [THE MARKET VALUE/INCOME AID
RATIO USED IN CALCULATING PAYMENTS AS PRESCRIBED IN THIS
SUBSECTION SHALL BE THE MARKET VALUE/INCOME AID RATIO FOR THE
SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR, IN
THE CASE OF A REGIONAL CHARTER SCHOOL, SHALL BE A COMPOSITE
MARKET VALUE/INCOME AID RATIO FOR THE PARTICIPATING SCHOOL
DISTRICTS AS DETERMINED BY THE DEPARTMENT.] EXCEPT AS OTHERWISE
PROVIDED, EMPLOYES OF A CHARTER SCHOOL SHALL MAKE REGULAR MEMBER
CONTRIBUTIONS AS REQUIRED FOR ACTIVE MEMBERS UNDER 24 PA.C.S.
PT. IV. IF THE EMPLOYES OF THE CHARTER SCHOOL PARTICIPATE IN
ANOTHER RETIREMENT PLAN, THEN THOSE EMPLOYES SHALL HAVE NO
CONCURRENT CLAIM ON THE BENEFITS PROVIDED TO PUBLIC SCHOOL
EMPLOYES UNDER 24 PA.C.S. PT. IV. [FOR PURPOSES OF THIS
SUBSECTION, A CHARTER SCHOOL SHALL BE DEEMED TO BE A "PUBLIC
SCHOOL" AS DEFINED IN 24 PA.C.S. § 8102 (RELATING TO
DEFINITIONS).] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE
THE COMMONWEALTH TO MAKE PAYMENTS TO CHARTER SCHOOLS OR
CONTRIBUTIONS ON BEHALF OF CHARTER SCHOOL EMPLOYES FROM
APPROPRIATED FUNDS, AS PROVIDED IN 24 PA.C.S. §§ 8326 (RELATING
TO CONTRIBUTIONS BY THE COMMONWEALTH) AND 8535 (RELATING TO
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PAYMENTS TO SCHOOL ENTITIES BY COMMONWEALTH) ON ACCOUNT OF
CHARTER SCHOOL EMPLOYES ENROLLED IN THE PUBLIC SCHOOL EMPLOYEES'
RETIREMENT SYSTEM AND 24 PA.C.S. § 8329(A) (RELATING TO PAYMENTS
ON ACCOUNT OF SOCIAL SECURITY DEDUCTIONS FROM APPROPRIATIONS) ON
ACCOUNT OF SOCIAL SECURITY PAYMENTS MADE BY A CHARTER SCHOOL.
* * *
SECTION 5. SECTION 1855 OF THE ACT, AMENDED JUNE 22, 2001
(P.L.530, NO.35), IS AMENDED TO READ:
SECTION 1855. VOCATIONAL EDUCATION EQUIPMENT GRANTS.--(A)
FOR THE 2000-2001 FISCAL YEAR AND THE 2001-2002 FISCAL YEAR, THE
DEPARTMENT OF EDUCATION SHALL ESTABLISH A GRANT PROGRAM TO
ASSIST AREA VOCATIONAL-TECHNICAL SCHOOLS, SCHOOL DISTRICTS
OFFERING APPROVED VOCATIONAL-TECHNICAL PROGRAMS AND THE THADDEUS
STEVENS STATE COLLEGE OF TECHNOLOGY IN PURCHASING EQUIPMENT THAT
MEETS INDUSTRY STANDARDS FOR THE PURPOSE OF PROVIDING TRAINING
TO STUDENTS. GRANTS SHALL BE LIMITED TO THE PURCHASE OF
EQUIPMENT IN THE FOLLOWING PROGRAM AREAS: AUTOMOTIVE TECHNOLOGY,
AUTO BODY, DIESEL TECHNOLOGY, PRECISION MACHINE TECHNOLOGY,
HEATING VENTILATION AND AIR CONDITIONING, PRINTING, DENTAL
ASSISTING, ELECTRONICS, BUILDING TRADES AND OTHER PROGRAM AREAS
APPROVED BY THE SECRETARY OF EDUCATION. GRANTS SHALL BE AWARDED
BY THE DEPARTMENT OF EDUCATION ON A MATCHING BASIS, TWO STATE
DOLLARS ($2) FOR EVERY LOCAL DOLLAR ($1), AND SHALL BE LIMITED
TO FUNDS APPROPRIATED FOR THAT PURPOSE.
(B) FOR THE 2015-2016 SCHOOL YEAR, THE DEPARTMENT OF
EDUCATION SHALL ESTABLISH A GRANT PROGRAM TO ASSIST EACH AREA
VOCATIONAL-TECHNICAL SCHOOL AND SCHOOL DISTRICT WITH AN APPROVED
VOCATIONAL PROGRAM THAT APPLIES FOR AND IS APPROVED FOR FUNDING
BY THE DEPARTMENT OF EDUCATION TO PURCHASE EQUIPMENT THAT MEETS
INDUSTRY STANDARDS. GRANTS SHALL BE DISTRIBUTED IN AN AMOUNT TO
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BE CALCULATED AS FOLLOWS:
(1) A BASE AMOUNT OF THREE THOUSAND DOLLARS ($3,000).
(2) A PER-STUDENT AMOUNT CALCULATED AS FOLLOWS:
(I) MULTIPLY THE 2014-2015 AVERAGE DAILY MEMBERSHIP IN
APPROVED VOCATIONAL EDUCATION PROGRAMS FOR EACH AREA VOCATIONAL-
TECHNICAL SCHOOL OR SCHOOL DISTRICT THAT HAS BEEN APPROVED FOR
FUNDING BY THE DEPARTMENT BY THE DIFFERENCE BETWEEN THREE
MILLION DOLLARS ($3,000,000) AND THE SUM OF THE FUNDING
DISTRIBUTED UNDER PARAGRAPH (1) TO ALL AREA VOCATIONAL-TECHNICAL
SCHOOLS AND SCHOOL DISTRICTS.
(II) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (I) BY THE SUM OF
THE 2014-2015 AVERAGE DAILY MEMBERSHIP IN APPROVED VOCATIONAL
EDUCATION PROGRAMS FOR ALL AREA VOCATIONAL-TECHNICAL SCHOOLS AND
SCHOOL DISTRICTS THAT HAVE BEEN APPROVED FOR FUNDING BY THE
DEPARTMENT.
(III) IF INSUFFICIENT FUNDS ARE APPROPRIATED, PAYMENTS SHALL
BE MADE ON A PRO RATA BASIS.
(C) THE APPLICATION TO APPLY FOR FUNDING UNDER SUBSECTION
(B) SHALL BE DEVELOPED BY THE DEPARTMENT WITHIN THIRTY DAYS OF
THE EFFECTIVE DATE OF THIS SECTION AND ONLY REQUIRE THE
FOLLOWING, WHICH MAY BE COLLECTED ELECTRONICALLY:
(1) NAME, ADDRESS, E-MAIL ADDRESS AND TELEPHONE NUMBER OF
THE AREA VOCATIONAL-TECHNICAL SCHOOL OR SCHOOL DISTRICT.
(2) NAME, E-MAIL ADDRESS AND TELEPHONE NUMBER OF AN EMPLOYEE
OF THE AREA VOCATIONAL-TECHNICAL SCHOOL OR SCHOOL DISTRICT WHO
WILL BE AVAILABLE TO ANSWER QUESTIONS REGARDING THE FUNDING
APPLICATION.
(3) DESCRIPTION OF THE EQUIPMENT FOR WHICH THE REQUESTED
FUNDING WILL BE USED; THE CAREER AND TECHNICAL EDUCATION PROGRAM
IN WHICH THE EQUIPMENT WILL BE USED; THE DATE ON WHICH THE
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OCCUPATIONAL ADVISORY COMMITTEE RECOMMENDED THE PURCHASE OF THE
EQUIPMENT; AND VERIFICATION THAT THE EQUIPMENT WILL BE USED FOR
TECHNICAL CLASSROOM INSTRUCTION.
(D) THE DEPARTMENT MAY NOT REQUEST AND CONSIDER ANY
INFORMATION OTHER THAN THE INFORMATION PROVIDED IN THE FUNDING
APPLICATION.
(E) EACH AREA VOCATIONAL-TECHNICAL SCHOOL OR SCHOOL DISTRICT
WITH AN APPROVED VOCATIONAL PROGRAM THAT SUBMITS A COMPLETED
FUNDING APPLICATION SHALL RECEIVE FUNDING IN THE AMOUNT
DETERMINED UNDER SUBSECTION (B).
(F) FOR PURPOSES OF THIS SECTION, "OCCUPATIONAL ADVISORY
COMMITTEE" SHALL MEAN AN OCCUPATIONAL ADVISORY COMMITTEE
ESTABLISHED PURSUANT TO 22 PA. CODE CH. 339 (RELATING TO
VOCATIONAL EDUCATION).
SECTION 6. SECTION 1913-A(B)(1.6)(V) AND (1.7)(II) OF THE
ACT, AMENDED JULY 9, 2008 (P.L.846, NO.61) AND JULY 9, 2013
(P.L.408, NO.59), ARE AMENDED AND CLAUSE (1.6) IS AMENDED BY
ADDING A SUBCLAUSE TO READ:
SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OF
PAYMENTS.--* * *
(B) * * *
(1.6) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF
THE FOLLOWING:
* * *
(V) SUBCLAUSES (I), (II), (III) AND (IV) SHALL NOT APPLY TO
THE 2011-2012, 2012-2013 [AND], 2013-2014 AND 2014-2015 FISCAL
YEARS, AND EACH FISCAL YEAR THEREAFTER.
* * *
(IX) FOR THE 2015-2016 FISCAL YEAR, EACH COMMUNITY COLLEGE
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SHALL RECEIVE AN AMOUNT EQUAL TO THE SUM OF THE FOLLOWING:
(A) AN AMOUNT EQUAL TO THE AMOUNT ALLOCATED TO THE COMMUNITY
COLLEGE FOR OPERATING COSTS UNDER SUBCLAUSE (VIII)(A).
(B) AN AMOUNT EQUAL TO THE AMOUNT ALLOCATED TO A COMMUNITY
COLLEGE FOR THE ECONOMIC DEVELOPMENT STIPEND UNDER SUBCLAUSE
(VIII)(B).
(C) AN AMOUNT DETERMINED FOR EACH COMMUNITY COLLEGE AS
FOLLOWS:
(I) DIVIDE THE SUM OF THE AMOUNTS OF FUNDING THE COMMUNITY
COLLEGE RECEIVED UNDER PARAGRAPHS (A) AND (B) BY THE TOTAL
AMOUNT OF FUNDING PROVIDED UNDER PARAGRAPHS (A) AND (B) FOR ALL
COMMUNITY COLLEGES.
(II) MULTIPLY THE QUOTIENT IN SUBPARAGRAPH (I) BY THE
DIFFERENCE BETWEEN THE APPROPRIATION FOR PAYMENT OF APPROVED
OPERATING EXPENSES OF COMMUNITY COLLEGES IN FISCAL YEAR 2014-
2015 AND FISCAL YEAR 2013-2014.
(D) AN AMOUNT DETERMINED FOR EACH COMMUNITY COLLEGE AS
FOLLOWS:
(I) MULTIPLY THE AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS
VERIFIED UNDER SUBSECTION (K.1) FOR THE MOST RECENT YEAR
AVAILABLE FOR THE COMMUNITY COLLEGE BY SIX MILLION FOUR HUNDRED
AND SEVENTY THOUSAND DOLLARS ($6,470,000).
(II) DIVIDE THE PRODUCT IN SUBPARAGRAPH (I) BY THE SUM OF
THE AUDITED FULL-TIME EQUIVALENT ENROLLMENT AS VERIFIED UNDER
SUBSECTION (K.1) FOR THE MOST RECENT YEAR AVAILABLE FOR ALL
COMMUNITY COLLEGES.
(E) IF INSUFFICIENT FUNDS ARE APPROPRIATED, PAYMENTS SHALL
BE MADE ON A PRO RATA BASIS.
* * *
(1.7) THE PAYMENT FOR A COMMUNITY COLLEGE SHALL INCLUDE AN
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ECONOMIC DEVELOPMENT STIPEND WHICH SHALL CONSIST OF THE
FOLLOWING:
* * *
(II) FOR THE 2006-2007 THROUGH 2008-2009 FISCAL [YEAR AND
EACH FISCAL YEAR THEREAFTER] YEARS, EACH COMMUNITY COLLEGE SHALL
RECEIVE, SUBJECT TO THE PROVISIONS OF SUBCLAUSE (III), AN AMOUNT
DETERMINED BY:
(A) ADDING THE FOLLOWING:
(I) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED IN
HIGH-PRIORITY AND HIGH-INSTRUCTIONAL-COST OCCUPATION PROGRAMS AT
THE COMMUNITY COLLEGE MULTIPLIED BY 1.50;
(II) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED IN
HIGH-PRIORITY OCCUPATION PROGRAMS AT THE COMMUNITY COLLEGE
MULTIPLIED BY 1.25; AND
(III) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED
IN NONCREDIT WORKFORCE DEVELOPMENT COURSES AT THE COMMUNITY
COLLEGE.
(B) DIVIDING THE TOTAL FROM PARAGRAPH (A) BY THE SUM OF THE
TOTALS FROM PARAGRAPH (A) FOR ALL COMMUNITY COLLEGES.
(C) MULTIPLYING THE AMOUNT FROM PARAGRAPH (B) BY THE AMOUNT
ALLOCATED FOR THE ECONOMIC DEVELOPMENT STIPEND PURSUANT TO
CLAUSE (1.6)(II).
(D) APPLYING THE FOLLOWING:
(I) FOR THE 2006-2007 FISCAL YEAR, FOR THE FIRST, SECOND AND
THIRD QUARTER PAYMENTS MADE IN THE 2007-2008 FISCAL YEAR, AND
FOR THE FIRST AND SECOND QUARTER PAYMENTS MADE IN THE 2008-2009
FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, THE NUMBER OF FULL-
TIME EQUIVALENT STUDENTS SHALL BE DETERMINED BASED UPON THE
FINAL MIDYEAR REBUDGET SUBMITTED BY A COMMUNITY COLLEGE FOR THE
PRIOR FISCAL YEAR. SUCH REBUDGET SHALL BE SUBMITTED, AS REQUIRED
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BY THE DEPARTMENT OF EDUCATION, NO LATER THAN MAY 31, 2006, AND
MAY 31 OF EACH YEAR THEREAFTER.
(II) FOR THE 2007-2008 FISCAL YEAR, THE DEPARTMENT OF
EDUCATION SHALL PROVIDE THE FOURTH QUARTER PAYMENT TO EACH
COMMUNITY COLLEGE UNDER THIS SUBCLAUSE BASED UPON THE NUMBER OF
FULL-TIME EQUIVALENT STUDENTS ENROLLED IN HIGH-PRIORITY AND
HIGH-INSTRUCTIONAL-COST OCCUPATION PROGRAMS, HIGH-PRIORITY
OCCUPATION PROGRAMS AND NONCREDIT WORKFORCE DEVELOPMENT COURSES
FOR THE 2006-2007 FISCAL YEAR, AS VERIFIED IN THE AUDITED
FINANCIAL STATEMENT REQUIRED UNDER SUBSECTION (K.1).
(III) FOR THE 2008-2009 FISCAL YEAR AND EACH FISCAL YEAR
THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL PROVIDE THE THIRD
AND FOURTH QUARTER PAYMENTS TO EACH COMMUNITY COLLEGE UNDER THIS
SUBCLAUSE BASED UPON THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS
ENROLLED IN HIGH-PRIORITY AND HIGH-INSTRUCTIONAL-COST OCCUPATION
PROGRAMS, HIGH-PRIORITY OCCUPATION PROGRAMS AND NONCREDIT
WORKFORCE DEVELOPMENT COURSES FOR THE IMMEDIATELY PRECEDING
FISCAL YEAR, AS VERIFIED IN THE AUDITED FINANCIAL STATEMENT
REQUIRED UNDER SUBSECTION (K.1).
* * *
SECTION 7. SECTION 1902-C INTRODUCTORY PARAGRAPH OF THE ACT,
ADDED JUNE 25, 1997 (P.L.297, NO.30), IS AMENDED AND THE SECTION
IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 1902-C. APPLICATIONS.--(A) APPLICANTS SHALL SUBMIT
APPLICATIONS AT THE TIME, IN THE MANNER AND CONTAINING OR
ACCOMPANIED BY SUCH INFORMATION AS THE DEPARTMENT MAY PRESCRIBE
BUT, IN ANY CASE, SHALL DOCUMENT THE FOLLOWING:
* * *
(B) A SCHOOL DISTRICT, COMBINATION OF SCHOOL DISTRICTS OR
CHARTER SCHOOL THAT MAKES AN APPLICATION TO ESTABLISH AN
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ALTERNATIVE EDUCATION PROGRAM SHALL SUBMIT INITIAL AND RENEWAL
APPLICATIONS ALONG WITH A FEE OF FOUR HUNDRED DOLLARS ($400) AS
PRESCRIBED BY THE DEPARTMENT. THE MONEY COLLECTED SHALL BE
DEPOSITED INTO A RESTRICTED ACCOUNT IN THE GENERAL FUND TO BE
KNOWN AS THE ALTERNATIVE EDUCATION PROGRAM ACCOUNT. THE MONEY IN
THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED ON A CONTINUING
BASIS TO THE DEPARTMENT.
SECTION 8. SECTION 1902-E OF THE ACT, ADDED NOVEMBER 23,
1999 (P.L.529, NO.48), IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1902-E. CONTRACTS WITH PRIVATE ALTERNATIVE EDUCATION
INSTITUTIONS.--
* * *
(5) A PRIVATE ALTERNATIVE EDUCATION INSTITUTION THAT MAKES
AN APPLICATION FOR APPROVAL TO OPERATE SHALL SUBMIT INITIAL AND
RENEWAL APPLICATIONS ALONG WITH A FEE OF ONE THOUSAND DOLLARS
($1,000) AS PRESCRIBED BY THE DEPARTMENT. THE FUNDS COLLECTED
SHALL BE DEPOSITED INTO THE ALTERNATIVE EDUCATION PROGRAM
ACCOUNT ESTABLISHED IN SECTION 1902-C(B).
SECTION 9. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 2320. STATE AID FOR FISCAL YEAR 2015-2016.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
EACH LIBRARY SUBJECT TO 24 PA.C.S. CH. 93 (RELATING TO PUBLIC
LIBRARY CODE), SHALL BE ELIGIBLE FOR STATE AID FOR FISCAL YEAR
2015-2016, AS FOLLOWS:
(1) FUNDS APPROPRIATED FOR LIBRARIES SHALL BE
DISTRIBUTED TO EACH LIBRARY UNDER THE FOLLOWING FORMULA:
(I) DIVIDE THE AMOUNT OF FUNDING THAT THE LIBRARY
RECEIVED IN FISCAL YEAR 2014-2015 UNDER SECTION 1722-
J(18) OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176),
KNOWN AS THE FISCAL CODE, BY THE TOTAL STATE-AID SUBSIDY
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FOR FISCAL YEAR 2014-2015.
(II) MULTIPLY THE QUOTIENT UNDER SUBPARAGRAPH (I) BY
THE TOTAL STATE-AID SUBSIDY FOR FISCAL YEAR 2015-2016.
(2) FOLLOWING DISTRIBUTION OF FUNDS APPROPRIATED FOR
STATE AID TO LIBRARIES UNDER PARAGRAPH (1), ANY REMAINING
FUNDS MAY BE DISTRIBUTED AT THE DISCRETION OF THE STATE
LIBRARIAN.
(3) IF FUNDS APPROPRIATED FOR STATE AID TO LIBRARIES IN
FISCAL YEAR 2015-2016 ARE LESS THAN FUNDS APPROPRIATED IN
FISCAL YEAR 2002-2003, THE STATE LIBRARIAN MAY WAIVE
STANDARDS AS PRESCRIBED IN 24 PA.C.S. CH. 93.
(4) EACH LIBRARY SYSTEM RECEIVING STATE AID UNDER THIS
SECTION MAY DISTRIBUTE THE LOCAL LIBRARY SHARE OF THAT AID IN
A MANNER AS DETERMINED BY THE BOARD OF DIRECTORS OF THE
LIBRARY SYSTEM.
(5) IN THE CASE OF A LIBRARY SYSTEM THAT CONTAINS A
LIBRARY OPERATING IN A CITY OF THE SECOND CLASS, CHANGES TO
THE DISTRIBUTION OF STATE AID TO THE LIBRARY SHALL BE MADE BY
MUTUAL AGREEMENT BETWEEN THE LIBRARY AND THE LIBRARY SYSTEM.
(6) IN THE EVENT OF A CHANGE IN DISTRICT LIBRARY CENTER
POPULATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AS A
RESULT OF:
(I) A CITY, BOROUGH, TOWN, TOWNSHIP, SCHOOL DISTRICT
OR COUNTY MOVING FROM ONE LIBRARY CENTER TO ANOTHER; OR
(II) A TRANSFER OF DISTRICT LIBRARY CENTER STATUS TO
A COUNTY LIBRARY SYSTEM.
FUNDING OF DISTRICT LIBRARY CENTER AID SHALL BE PAID BASED ON
THE POPULATION OF THE NEWLY ESTABLISHED OR RECONFIGURED
DISTRICT LIBRARY CENTER.
(7) IN THE EVENT OF A CHANGE IN DIRECT SERVICE AREA FROM
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ONE LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT
OF THE AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY
SHARE OF AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.
SECTION 2502.53. STUDENT-WEIGHTED BASIC EDUCATION FUNDING.--
(A) FOR THE 2014-2015 SCHOOL YEAR, UNTIL SUCH TIME THAT THE
BASIC EDUCATION FUNDING APPROPRIATION FOR FISCAL YEAR 2015-2016
EXCEEDS THE AMOUNT APPROPRIATED FOR BASIC EDUCATION FUNDING IN
FISCAL YEAR 2014-2015, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL
DISTRICT AN AMOUNT EQUAL TO THE AMOUNT PAID FOR THE 2013-2014
SCHOOL YEAR NO LATER THAN OCTOBER 29, 2015. IF INSUFFICIENT
FUNDS ARE APPROPRIATED TO MAKE PAYMENTS PURSUANT TO THIS
SUBSECTION, SUCH PAYMENTS SHALL BE MADE ON A PRO RATA BASIS.
(B) FOR THE 2014-2015 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, IF THE FISCAL YEAR 2015-2016 APPROPRIATION FOR BASIC
EDUCATION FUNDING EXCEEDS THE AMOUNT APPROPRIATED FOR BASIC
EDUCATION FUNDING IN FISCAL YEAR 2014-2015, THE COMMONWEALTH
SHALL PAY TO EACH SCHOOL DISTRICT A BASIC EDUCATION FUNDING
ALLOCATION WHICH SHALL CONSIST OF THE FOLLOWING:
(1) AN AMOUNT EQUAL TO THE SCHOOL DISTRICT'S BASIC EDUCATION
FUNDING ALLOCATION FOR THE 2013-2014 SCHOOL YEAR PURSUANT TO
SECTION 1722-J(16) OF THE ACT OF APRIL 9, 1929 (P.L.343,
NO.176), KNOWN AS "THE FISCAL CODE," AND AN AMOUNT EQUAL TO THE
SCHOOL DISTRICT'S BASIC EDUCATION FORMULA ENHANCEMENT ALLOCATION
PAID DURING THE 2014-2015 SCHOOL YEAR.
(2) A STUDENT-BASED ALLOCATION TO BE CALCULATED AS FOLLOWS:
(I) MULTIPLY THE SUM OF THE SCHOOL DISTRICT'S WEIGHTED BASIC
EDUCATION STUDENT HEAD COUNT AND THE SCHOOL DISTRICT'S
SPARSITY/SIZE ADJUSTMENT BY THE SCHOOL DISTRICT'S MEDIAN
HOUSEHOLD INCOME INDEX AND LOCAL EFFORT CAPACITY INDEX.
(II) MULTIPLY THE PRODUCT IN SUBPARAGRAPH (I) BY THE
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DIFFERENCE BETWEEN THE AMOUNT APPROPRIATED FOR THE ALLOCATION OF
BASIC EDUCATION FUNDING AND THE SUM OF THE AMOUNTS ALLOCATED IN
PARAGRAPH (1) FOR ALL SCHOOL DISTRICTS.
(III) DIVIDE THE PRODUCT IN SUBPARAGRAPH (II) BY THE SUM OF
THE PRODUCTS IN SUBPARAGRAPH (I) FOR ALL SCHOOL DISTRICTS.
(C) FOR THE PURPOSES OF THIS SECTION:
(1) THE WEIGHTED BASIC EDUCATION STUDENT HEADCOUNT SHALL BE
CALCULATED FOR EACH SCHOOL DISTRICT AS FOLLOWS:
(I) MULTIPLY THE SCHOOL DISTRICT'S AVERAGE DAILY MEMBERSHIP
BY ONE (1).
(II) MULTIPLY THE SCHOOL DISTRICT'S NUMBER OF STUDENTS
LIVING IN ACUTE POVERTY BY SIX-TENTHS (0.6).
(III) MULTIPLY THE SCHOOL DISTRICT'S NUMBER OF STUDENTS
LIVING IN POVERTY BY THREE-TENTHS (0.3).
(IV) MULTIPLY THE SCHOOL DISTRICT'S NUMBER OF STUDENTS
LIVING IN CONCENTRATED POVERTY BY THREE-TENTHS (0.3).
(V) MULTIPLY THE SCHOOL DISTRICT'S NUMBER OF LIMITED ENGLISH
PROFICIENT STUDENTS BY SIX-TENTHS (0.6).
(VI) MULTIPLY THE CHARTER AND CYBER CHARTER SCHOOL AVERAGE
DAILY MEMBERSHIP APPLICABLE TO THE SCHOOL DISTRICT BY TWO-TENTHS
(0.2).
(VII) ADD THE PRODUCTS IN SUBPARAGRAPHS (I), (II), (III),
(IV), (V) AND (VI).
(2) THE SPARSITY RATIO SHALL BE CALCULATED FOR EACH SCHOOL
DISTRICT AS FOLLOWS:
(I) DIVIDE THE SCHOOL DISTRICT'S AVERAGE DAILY MEMBERSHIP
PER SQUARE MILE BY THE STATE'S AVERAGE DAILY MEMBERSHIP PER
SQUARE MILE.
(II) MULTIPLY THE QUOTIENT IN SUBPARAGRAPH (I) BY FIVE-
TENTHS (0.5).
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(III) SUBTRACT THE PRODUCT IN SUBPARAGRAPH (II) FROM ONE
(1).
(3) THE SIZE RATIO FOR EACH SCHOOL DISTRICT SHALL BE
CALCULATED AS FOLLOWS:
(I) DIVIDE THE SCHOOL DISTRICT'S AVERAGE DAILY MEMBERSHIP BY
THE AVERAGE OF THE AVERAGE DAILY MEMBERSHIP OF ALL SCHOOL
DISTRICTS.
(II) MULTIPLY THE QUOTIENT IN SUBPARAGRAPH (I) BY FIVE-
TENTHS (0.5).
(III) SUBTRACT THE PRODUCT IN SUBPARAGRAPH (II) FROM ONE
(1).
(4) THE SPARSITY/SIZE RATIO FOR EACH SCHOOL DISTRICT SHALL
BE CALCULATED BY ADDING FORTY PERCENT (40%) OF THE SCHOOL
DISTRICT'S SPARSITY RATIO AND SIXTY PERCENT (60%) OF THE SCHOOL
DISTRICT'S SIZE RATIO.
(5) THE SPARSITY/SIZE ADJUSTMENT FOR EACH SCHOOL DISTRICT
SHALL BE CALCULATED AS FOLLOWS:
(I) FOR A SCHOOL DISTRICT WITH A SPARSITY/SIZE RATIO LESS
THAN OR EQUAL TO THE SPARSITY/SIZE RATIO THAT REPRESENTS THE
SEVENTIETH PERCENTILE OF THE SPARSITY/SIZE RATIO FOR ALL SCHOOL
DISTRICTS, THE SCHOOL DISTRICT'S SPARSITY/SIZE ADJUSTMENT SHALL
BE ZERO.
(II) FOR A SCHOOL DISTRICT WITH A SPARSITY/SIZE RATIO
GREATER THAN THE SPARSITY/SIZE RATIO THAT REPRESENTS THE
SEVENTIETH PERCENTILE OF THE SPARSITY/SIZE RATIO FOR ALL SCHOOL
DISTRICTS, THE SCHOOL DISTRICT'S SPARSITY/SIZE ADJUSTMENT SHALL
BE CALCULATED AS FOLLOWS:
(A) DIVIDE THE SCHOOL DISTRICT'S SPARSITY/SIZE RATIO BY THE
SPARSITY/SIZE RATIO THAT REPRESENTS THE SEVENTIETH PERCENTILE OF
THE SPARSITY/SIZE RATIO FOR ALL SCHOOL DISTRICTS.
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(B) SUBTRACT ONE (1) FROM THE QUOTIENT IN CLAUSE (A).
(C) MULTIPLY THE REMAINDER IN CLAUSE (B) BY SEVEN-TENTHS
(0.7).
(D) MULTIPLY THE PRODUCT IN CLAUSE (C) BY THE SCHOOL
DISTRICT'S WEIGHTED BASIC EDUCATION STUDENT HEADCOUNT.
(6) THE NUMBER OF STUDENTS LIVING IN ACUTE POVERTY FOR EACH
SCHOOL DISTRICT SHALL BE CALCULATED BY MULTIPLYING THE SCHOOL
DISTRICT'S PERCENTAGE OF STUDENTS WHO ARE SIX (6) TO SEVENTEEN
(17) YEARS OF AGE ACCORDING TO THE UNITED STATES CENSUS BUREAU'S
RATIO OF INCOME TO POVERTY LESS THAN OR EQUAL TO NINETY-NINE
PERCENT (99%) OF THE FEDERAL POVERTY GUIDELINES BY THE SCHOOL
DISTRICT'S AVERAGE DAILY MEMBERSHIP.
(7) THE NUMBER OF STUDENTS LIVING IN POVERTY FOR EACH SCHOOL
DISTRICT SHALL BE CALCULATED BY MULTIPLYING THE SCHOOL
DISTRICT'S PERCENTAGE OF STUDENTS WHO ARE SIX (6) TO SEVENTEEN
(17) YEARS OF AGE ACCORDING TO THE UNITED STATES CENSUS BUREAU'S
RATIO OF INCOME TO POVERTY GREATER THAN NINETY-NINE PERCENT
(99%) AND LESS THAN ONE HUNDRED AND EIGHTY-FIVE PERCENT (185%)
OF THE FEDERAL POVERTY GUIDELINES BY THE SCHOOL DISTRICT'S
AVERAGE DAILY MEMBERSHIP.
(8) THE NUMBER OF STUDENTS LIVING IN CONCENTRATED POVERTY
FOR EACH SCHOOL DISTRICT SHALL BE CALCULATED AS FOLLOWS:
(I) FOR A SCHOOL DISTRICT IN WHICH THE PERCENTAGE OF
STUDENTS LIVING IN ACUTE POVERTY IS LESS THAN THIRTY PERCENT
(30%), THE SCHOOL DISTRICT'S NUMBER OF STUDENTS LIVING IN
CONCENTRATED POVERTY SHALL BE ZERO.
(II) FOR A SCHOOL DISTRICT IN WHICH THE PERCENTAGE OF
STUDENTS LIVING IN ACUTE POVERTY IS EQUAL TO OR GREATER THAN
THIRTY PERCENT (30%), MULTIPLY THE SCHOOL DISTRICT'S PERCENTAGE
OF STUDENTS LIVING IN ACUTE POVERTY BY THE SCHOOL DISTRICT'S
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AVERAGE DAILY MEMBERSHIP.
(9) THE MEDIAN HOUSEHOLD INCOME INDEX FOR EACH SCHOOL
DISTRICT SHALL BE CALCULATED AS FOLLOWS:
(I) DIVIDE THE SCHOOL DISTRICT'S MEDIAN HOUSEHOLD INCOME BY
THE MEDIAN HOUSEHOLD INCOME FOR PENNSYLVANIA AS DETERMINED BY
THE UNITED STATES CENSUS BUREAU.
(II) DIVIDE ONE (1) BY THE QUOTIENT IN SUBPARAGRAPH (I).
(10) THE LOCAL EFFORT FOR EACH SCHOOL DISTRICT SHALL BE
CALCULATED BY ADDING THE SCHOOL DISTRICT'S STATE PROPERTY TAX
REDUCTION ALLOCATION, TAXES LEVIED AND ASSESSED BY THE LOCAL
EDUCATION AGENCY, DELINQUENCIES ON TAXES LEVIED AND ASSESSED BY
THE LOCAL EDUCATION AGENCY, REVENUE FROM LOCAL GOVERNMENT UNITS,
AND OTHER LOCAL REVENUES NOT SPECIFIED ELSEWHERE, AS DESIGNATED
IN THE DEPARTMENT OF EDUCATION'S MANUAL OF ACCOUNTING AND
FINANCIAL REPORTING FOR PENNSYLVANIA PUBLIC SCHOOLS.
(11) THE LOCAL EFFORT PER HOUSEHOLD FOR EACH SCHOOL DISTRICT
SHALL BE CALCULATED AS FOLLOWS:
(I) DIVIDE THE SCHOOL DISTRICT'S LOCAL EFFORT BY THE SCHOOL
DISTRICT'S NUMBER OF HOUSEHOLDS AS DETERMINED BY THE UNITED
STATES CENSUS BUREAU.
(II) DIVIDE THE QUOTIENT IN SUBPARAGRAPH (I) BY THE SCHOOL
DISTRICT'S MEDIAN HOUSEHOLD INCOME AS DETERMINED BY THE UNITED
STATES CENSUS BUREAU.
(III) MULTIPLY THE QUOTIENT IN SUBPARAGRAPH (II) BY ONE-
THOUSAND (1,000).
(12) THE LOCAL EFFORT FACTOR FOR EACH SCHOOL DISTRICT SHALL
BE CALCULATED BY DIVIDING THE SCHOOL DISTRICT'S LOCAL EFFORT PER
HOUSEHOLD BY THE STATE MEDIAN LOCAL EFFORT PER HOUSEHOLD FOR ALL
SCHOOL DISTRICTS.
(13) THE CURRENT EXPENDITURE PER WEIGHTED STUDENT FOR EACH
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SCHOOL DISTRICT SHALL BE CALCULATED BY DIVIDING THE SCHOOL
DISTRICT'S CURRENT EXPENDITURES BY THE SUM OF THE SCHOOL
DISTRICT'S AVERAGE DAILY MEMBERSHIP, SPARSITY SIZE ADJUSTMENT
AND THE AMOUNTS DETERMINED FOR THE SCHOOL DISTRICT UNDER
SUBSECTION (C)(1)(II), (III), (IV), (V) AND (VI).
(14) THE EXCESS EXPENDITURE FACTOR FOR EACH SCHOOL DISTRICT
SHALL BE CALCULATED AS FOLLOWS:
(I) DIVIDE THE SCHOOL DISTRICT'S CURRENT EXPENDITURE PER
WEIGHTED STUDENT BY THE STATE MEDIAN CURRENT EXPENDITURE PER
WEIGHTED STUDENT FOR ALL SCHOOL DISTRICTS.
(II) DIVIDE ONE (1) BY THE QUOTIENT IN SUBPARAGRAPH (I).
(15) THE LOCAL EFFORT INDEX FOR EACH SCHOOL DISTRICT SHALL
BE CALCULATED AS FOLLOWS:
(I) FOR A SCHOOL DISTRICT WITH AN EXCESS EXPENDITURE FACTOR
EQUAL TO OR GREATER THAN ONE (1), MULTIPLY THE SCHOOL DISTRICT'S
LOCAL EFFORT FACTOR BY ONE (1).
(II) FOR A SCHOOL DISTRICT WITH AN EXCESS EXPENDITURE FACTOR
LESS THAN ONE (1), MULTIPLY THE SCHOOL DISTRICT'S LOCAL EFFORT
FACTOR BY THE SCHOOL DISTRICT'S EXCESS EXPENDITURE FACTOR.
(16) THE LOCAL EFFORT RATE FOR EACH SCHOOL DISTRICT SHALL BE
CALCULATED BY DIVIDING THE SCHOOL DISTRICT'S LOCAL EFFORT BY THE
SUM OF THE SCHOOL DISTRICT'S MARKET VALUE AND ADJUSTED PERSONAL
INCOME.
(17) THE LOCAL CAPACITY PER WEIGHTED STUDENT FOR EACH SCHOOL
DISTRICT SHALL BE CALCULATED AS FOLLOWS:
(I) MULTIPLY THE SUM OF THE SCHOOL DISTRICT'S MARKET VALUE
AND ADJUSTED PERSONAL INCOME BY THE STATE MEDIAN LOCAL EFFORT
RATE FOR ALL SCHOOL DISTRICTS.
(II) DIVIDE THE PRODUCT IN SUBPARAGRAPH (I) BY THE SUM OF
THE SCHOOL DISTRICT'S AVERAGE DAILY MEMBERSHIP, SPARSITY SIZE
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ADJUSTMENT AND THE AMOUNTS DETERMINED FOR THE SCHOOL DISTRICT
UNDER SUBSECTION (C)(1)(II), (III), (IV), (V) AND (VI).
(18) THE LOCAL CAPACITY INDEX FOR EACH SCHOOL DISTRICT SHALL
BE CALCULATED AS FOLLOWS:
(I) FOR A SCHOOL DISTRICT WITH A LOCAL CAPACITY PER WEIGHTED
STUDENT EQUAL TO OR GREATER THAN THE STATE MEDIAN LOCAL CAPACITY
PER WEIGHTED STUDENT, THE LOCAL CAPACITY INDEX FOR THE SCHOOL
DISTRICT SHALL BE ZERO.
(II) FOR A SCHOOL DISTRICT WITH A LOCAL CAPACITY PER
WEIGHTED STUDENT LESS THAN THE STATE MEDIAN LOCAL CAPACITY PER
WEIGHTED STUDENT, THE LOCAL CAPACITY INDEX SHALL BE CALCULATED
AS FOLLOWS:
(A) DIVIDE THE SCHOOL DISTRICT'S LOCAL CAPACITY PER WEIGHTED
STUDENT BY THE STATE MEDIAN LOCAL CAPACITY PER WEIGHTED STUDENT
FOR ALL SCHOOL DISTRICTS.
(B) SUBTRACT THE QUOTIENT IN CLAUSE (A) FROM ONE (1).
(19) THE LOCAL EFFORT CAPACITY INDEX FOR EACH SCHOOL
DISTRICT SHALL BE CALCULATED BY ADDING THE SCHOOL DISTRICT'S
LOCAL EFFORT INDEX TO THE SCHOOL DISTRICT'S LOCAL CAPACITY
INDEX.
(D) THE DATA USED TO CALCULATE THE FACTORS IN THIS SECTION
SHALL BE BASED ON THE MOST RECENT YEAR FOR WHICH DATA IS
AVAILABLE AS DETERMINED BY THE DEPARTMENT OF EDUCATION. THE
AVERAGE DAILY MEMBERSHIP SHALL BE THE AVERAGE OF THE THREE (3)
MOST RECENT YEARS' AVERAGE DAILY MEMBERSHIP. THE AVERAGE DAILY
MEMBERSHIP USED IN SUBSECTION (C)(6), (7), (8), (13) AND (17)
SHALL BE BASED ON THE MOST RECENT YEAR'S AVERAGE DAILY
MEMBERSHIP. INFORMATION UTILIZED FROM THE UNITED STATES CENSUS
BUREAU SHALL BE FROM THE MOST RECENT AMERICAN COMMUNITY SURVEY
5-YEAR ESTIMATE OF THE UNITED STATES CENSUS BUREAU.
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(E) ANY UNDISTRIBUTED FUNDS SHALL BE DEPOSITED IN THE
FINANCIAL RECOVERY DISTRICT TRANSITIONAL LOAN ACCOUNT.
SECTION 10. SECTIONS 2509.1 AND 2509.5 OF THE ACT ARE
AMENDED BY ADDING SUBSECTIONS TO READ:
SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *
(C.2) (1) FOR THE 2015-2016 SCHOOL YEAR, FIVE AND ONE-HALF
PERCENT (5.5%) OF THE STATE SPECIAL EDUCATION APPROPRIATION
SHALL BE PAID TO INTERMEDIATE UNITS ON ACCOUNT OF SPECIAL
EDUCATION SERVICES.
(2) THIRTY-FIVE PERCENT (35%) OF THE AMOUNT UNDER PARAGRAPH
(1) SHALL BE DISTRIBUTED EQUALLY AMONG ALL INTERMEDIATE UNITS.
(3) SIXTY-FIVE PERCENT (65%) OF THE AMOUNT UNDER PARAGRAPH
(1) SHALL BE DISTRIBUTED TO EACH INTERMEDIATE UNIT IN PROPORTION
TO THE NUMBER OF AVERAGE DAILY MEMBERSHIP OF THE COMPONENT
SCHOOL DISTRICTS OF EACH INTERMEDIATE UNIT AS COMPARED TO THE
STATEWIDE TOTAL AVERAGE DAILY MEMBERSHIP.
* * *
SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL
DISTRICTS.--* * *
(BBB) (1) FOR THE 2015-2016 SCHOOL YEAR, UNTIL SUCH TIME
THAT THE SPECIAL EDUCATION FUNDING APPROPRIATION FOR FISCAL YEAR
2015-2016 EXCEEDS THE AMOUNT APPROPRIATED FOR SPECIAL EDUCATION
FUNDING IN FISCAL YEAR 2014-2015, THE COMMONWEALTH SHALL PAY TO
EACH SCHOOL DISTRICT AN AMOUNT EQUAL TO THE AMOUNT PAID DURING
THE 2014-2015 SCHOOL YEAR NO LATER THAN OCTOBER 29, 2015. IF
INSUFFICIENT FUNDS ARE APPROPRIATED TO MAKE PAYMENTS PURSUANT TO
THIS PARAGRAPH, SUCH PAYMENTS SHALL BE MADE ON A PRO RATA BASIS.
(2) DURING THE 2015-2016 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, IF THE FISCAL YEAR 2015-2016 APPROPRIATION FOR
SPECIAL EDUCATION FUNDING EXCEEDS THE AMOUNT APPROPRIATED FOR
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SPECIAL EDUCATION FUNDING IN FISCAL YEAR 2014-2015, EACH SCHOOL
DISTRICT SHALL RECEIVE AN AMOUNT EQUAL TO THE AMOUNT IT RECEIVED
DURING THE 2013-2014 SCHOOL YEAR UNDER SUBSECTION (AAA) AND A
STUDENT-BASED ALLOCATION EQUAL TO THE DIFFERENCE BETWEEN THE
AMOUNT ALLOCATED FOR SPECIAL EDUCATION PAYMENTS FOR SCHOOL
DISTRICTS AND THE SUM OF THE AMOUNTS PAID UNDER SUBSECTION (AAA)
DURING THE 2013-2014 SCHOOL YEAR TO ALL SCHOOL DISTRICTS. THE
STUDENT-BASED ALLOCATION FOR EACH SCHOOL DISTRICT SHALL BE
CALCULATED AS FOLLOWS:
(I) MULTIPLY THE SUM OF THE SCHOOL DISTRICT'S WEIGHTED
SPECIAL EDUCATION STUDENT HEADCOUNT AND ITS SPARSITY/SIZE
ADJUSTMENT CALCULATED UNDER PARAGRAPH (3)(V) BY ITS MARKET
VALUE/INCOME AID RATIO AND ITS EQUALIZED MILLAGE MULTIPLIER
CALCULATED UNDER PARAGRAPH (3)(VI).
(II) MULTIPLY THE PRODUCT UNDER SUBPARAGRAPH (I) BY THE
TOTAL AMOUNT AVAILABLE FOR THE STUDENT-BASED ALLOCATION.
(III) DIVIDE THE PRODUCT UNDER SUBPARAGRAPH (II) BY THE SUM
OF THE PRODUCTS UNDER SUBPARAGRAPH (I) FOR ALL SCHOOL DISTRICTS.
(3) FOR THE PURPOSES OF PARAGRAPH (2)(I):
(I) THE WEIGHTED SPECIAL EDUCATION STUDENT HEADCOUNT SHALL
BE CALCULATED FOR EACH SCHOOL DISTRICT AS FOLLOWS:
(A) MULTIPLY THE NUMBER OF SPECIAL EDUCATION STUDENTS WHO
RESIDE IN THE SCHOOL DISTRICT FOR WHICH THE ANNUAL EXPENDITURE
IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS ($25,000), WHICH SHALL
BE KNOWN AS CATEGORY 1, BY ONE AND FIFTY-ONE HUNDREDTHS (1.51).
(B) MULTIPLY THE NUMBER OF SPECIAL EDUCATION STUDENTS WHO
RESIDE IN THE SCHOOL DISTRICT FOR WHICH THE ANNUAL EXPENDITURE
IS EQUAL TO OR GREATER THAN TWENTY-FIVE THOUSAND DOLLARS
($25,000), BUT LESS THAN FIFTY THOUSAND DOLLARS ($50,000), WHICH
SHALL BE KNOWN AS CATEGORY 2, BY THREE AND SEVENTY-SEVEN
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HUNDREDTHS (3.77).
(C) MULTIPLY THE NUMBER OF SPECIAL EDUCATION STUDENTS WHO
RESIDE IN THE SCHOOL DISTRICT FOR WHICH THE ANNUAL EXPENDITURE
IS EQUAL TO OR GREATER THAN FIFTY THOUSAND DOLLARS ($50,000),
WHICH SHALL BE KNOWN AS CATEGORY 3, BY SEVEN AND FORTY-SIX
HUNDREDTHS (7.46).
(D) ADD THE PRODUCTS UNDER CLAUSES (A), (B) AND (C).
(II) THE SPARSITY RATIO SHALL BE CALCULATED FOR EACH SCHOOL
DISTRICT AS FOLLOWS:
(A) DIVIDE THE SCHOOL DISTRICT'S AVERAGE DAILY MEMBERSHIP
PER SQUARE MILE BY THE COMMONWEALTH'S AVERAGE DAILY MEMBERSHIP
PER SQUARE MILE.
(B) MULTIPLY THE QUOTIENT UNDER CLAUSE (A) BY ONE-HALF
(0.5).
(C) SUBTRACT THE PRODUCT UNDER CLAUSE (B) FROM ONE (1).
(III) THE SIZE RATIO FOR EACH SCHOOL DISTRICT SHALL BE
CALCULATED AS FOLLOWS:
(A) DIVIDE THE SCHOOL DISTRICT'S AVERAGE DAILY MEMBERSHIP BY
THE AVERAGE OF THE AVERAGE DAILY MEMBERSHIP OF ALL SCHOOL
DISTRICTS.
(B) MULTIPLY THE QUOTIENT UNDER CLAUSE (A) BY ONE-HALF
(0.5).
(C) SUBTRACT THE PRODUCT UNDER CLAUSE (B) FROM ONE (1).
(IV) THE SPARSITY/SIZE RATIO FOR EACH SCHOOL DISTRICT SHALL
BE CALCULATED BY ADDING FORTY PERCENT (40%) OF THE SPARSITY
RATIO AND SIXTY PERCENT (60%) OF THE SIZE RATIO.
(V) THE SPARSITY/SIZE ADJUSTMENT FOR EACH SCHOOL DISTRICT
SHALL BE CALCULATED AS FOLLOWS:
(A) FOR A SCHOOL DISTRICT WITH A SPARSITY/SIZE RATIO LESS
THAN OR EQUAL TO THE SPARSITY/SIZE RATIO THAT REPRESENTS THE
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SEVENTIETH PERCENTILE OF THE SPARSITY/SIZE RATIO OF ALL SCHOOL
DISTRICTS, THE SCHOOL DISTRICT'S SPARSITY/SIZE ADJUSTMENT SHALL
BE ZERO (0).
(B) FOR A SCHOOL DISTRICT WITH A SPARSITY/SIZE RATIO GREATER
THAN THE SPARSITY/SIZE RATIO THAT REPRESENTS THE SEVENTIETH
PERCENTILE OF THE SPARSITY/SIZE RATIO OF ALL SCHOOL DISTRICTS,
THE SCHOOL DISTRICT'S SPARSITY/SIZE ADJUSTMENT SHALL BE
CALCULATED AS FOLLOWS:
(I) DIVIDE THE SCHOOL DISTRICT'S SPARSITY/SIZE RATIO BY THE
SPARSITY/SIZE RATIO THAT REPRESENTS THE SEVENTIETH PERCENTILE OF
THE SPARSITY/SIZE RATIO OF ALL SCHOOL DISTRICTS.
(II) SUBTRACT ONE (1) FROM THE QUOTIENT UNDER SUBCLAUSE (I).
(III) MULTIPLY THE REMAINDER UNDER SUBCLAUSE (II) BY ONE-
HALF (0.5).
(IV) MULTIPLY THE PRODUCT UNDER SUBCLAUSE (III) BY THE
SCHOOL DISTRICT'S WEIGHTED SPECIAL EDUCATION STUDENT HEADCOUNT.
(VI) THE EQUALIZED MILLAGE MULTIPLIER FOR EACH SCHOOL
DISTRICT SHALL BE CALCULATED AS FOLLOWS:
(A) FOR A SCHOOL DISTRICT WITH AN EQUALIZED MILLAGE RATE
GREATER THAN OR EQUAL TO THE EQUALIZED MILLAGE RATE THAT
REPRESENTS THE SEVENTIETH PERCENTILE OF THE EQUALIZED MILLAGE
RATE OF ALL SCHOOL DISTRICTS, THE SCHOOL DISTRICT'S EQUALIZED
MILLAGE MULTIPLIER SHALL BE ONE (1).
(B) FOR A SCHOOL DISTRICT WITH AN EQUALIZED MILLAGE RATE
LESS THAN THE EQUALIZED MILLAGE RATE THAT REPRESENTS THE
SEVENTIETH PERCENTILE OF THE EQUALIZED MILLAGE RATE OF ALL
SCHOOL DISTRICTS, THE SCHOOL DISTRICT'S EQUALIZED MILLAGE
MULTIPLIER SHALL BE CALCULATED BY DIVIDING THE SCHOOL DISTRICT'S
EQUALIZED MILLAGE RATE BY THE EQUALIZED MILLAGE RATE THAT
REPRESENTS THE SEVENTIETH PERCENTILE OF THE EQUALIZED MILLAGE
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RATE OF ALL SCHOOL DISTRICTS.
(VII) THE DOLLAR RANGES FOR THE ANNUAL EXPENDITURE AMOUNTS
DESIGNATED AS CATEGORY 1, CATEGORY 2 AND CATEGORY 3 UNDER
SUBPARAGRAPH (I) SHALL BE BASED ON THE INFORMATION REPORTED TO
THE DEPARTMENT UNDER SECTION 1372(8 ).
(VIII) THE DATA USED TO CALCULATE THE WEIGHTED SPECIAL
EDUCATION STUDENT HEADCOUNT UNDER SUBPARAGRAPH (I) SHALL BE
BASED ON INFORMATION FROM THE MOST RECENT YEAR FOR WHICH DATA IS
AVAILABLE AS DETERMINED BY THE DEPARTMENT OF EDUCATION. THE DATA
USED TO CALCULATE THE PROVISIONS UNDER SUBPARAGRAPHS (II),
(III), (IV), (V) AND (VI) SHALL BE AVERAGED FOR THE THREE MOST
RECENT YEARS FOR WHICH DATA IS AVAILABLE AS DETERMINED BY THE
DEPARTMENT OF EDUCATION.
SECTION 11. SECTION 2509.8(E) OF THE ACT, ADDED DECEMBER 23,
2003 (P.L.304, NO.48), IS AMENDED AND THE SECTION IS AMENDED BY
ADDING A SUBSECTION TO READ:
SECTION 2509.8. EXTRAORDINARY SPECIAL EDUCATION PROGRAM
EXPENSES.--* * *
(E) FOR THE 2003-2004 SCHOOL YEAR [AND EACH SCHOOL YEAR
THEREAFTER] THROUGH THE 2013-2014 SCHOOL YEAR, THE DEPARTMENT OF
EDUCATION SHALL SET ASIDE ONE PERCENT (1%) OF THE SPECIAL
EDUCATION APPROPRIATION FOR EXTRAORDINARY EXPENSES INCURRED IN
PROVIDING A SPECIAL EDUCATION PROGRAM OR SERVICE TO ONE OR MORE
STUDENTS WITH DISABILITIES AS APPROVED BY THE SECRETARY OF
EDUCATION. SUCH SPECIAL EDUCATION PROGRAM OR SERVICE SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE TRANSPORTATION OF STUDENTS
WITH DISABILITIES; SERVICES RELATED TO OCCUPATIONAL THERAPY,
PHYSICAL THERAPY, SPEECH AND LANGUAGE, HEARING IMPAIRMENTS OR
VISUAL IMPAIRMENTS; OR TRAINING IN ORIENTATION AND MOBILITY FOR
CHILDREN WHO ARE VISUALLY IMPAIRED OR BLIND.
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(F) (1) FOR THE 2015-2016 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, AN AMOUNT EQUAL TO ONE PERCENT (1%) OF THE SPECIAL
EDUCATION APPROPRIATION SHALL BE DISTRIBUTED TO SCHOOL DISTRICTS
AND CHARTER SCHOOLS FOR EXTRAORDINARY EXPENSES INCURRED IN
PROVIDING A SPECIAL EDUCATION PROGRAM OR SERVICE TO ONE OR MORE
STUDENTS WITH DISABILITIES AS APPROVED BY THE SECRETARY OF
EDUCATION. SUCH SPECIAL EDUCATION PROGRAM OR SERVICE SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE TRANSPORTATION OF STUDENTS
WITH DISABILITIES; SERVICES RELATED TO OCCUPATIONAL THERAPY,
PHYSICAL THERAPY, SPEECH AND LANGUAGE, HEARING IMPAIRMENTS OR
VISUAL IMPAIRMENTS; OR TRAINING IN ORIENTATION AND MOBILITY FOR
CHILDREN WHO ARE VISUALLY IMPAIRED OR BLIND.
(2) FUNDS DISTRIBUTED TO A SCHOOL DISTRICT OR CHARTER SCHOOL
UNDER THIS SUBSECTION SHALL BE ALLOCATED FOR STUDENTS FOR WHICH
EXPENSES ARE INCURRED ON AN ANNUAL BASIS THAT ARE EQUAL TO OR
GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS ($75,000) AS FOLLOWS:
(I) FOR A STUDENT FOR WHOM EXPENSES ARE EQUAL TO OR GREATER
THAN SEVENTY-FIVE THOUSAND DOLLARS ($75,000) AND LESS THAN OR
EQUAL TO ONE HUNDRED THOUSAND DOLLARS ($100,000), SUBTRACT THE
STATE SUBSIDIES PAID ON BEHALF OF THE STUDENT TO THE SCHOOL
DISTRICT OR, FOR A STUDENT ENROLLED IN A CHARTER SCHOOL, THE
CHARTER SCHOOL PAYMENT RECEIVED BY THE CHARTER SCHOOL WHERE THE
CHILD IS ENROLLED FROM THE EXPENSE INCURRED FOR THE STUDENT AND
MULTIPLY THE DIFFERENCE BY THE SCHOOL DISTRICT'S OR CHARTER
SCHOOL'S MARKET VALUE/PERSONAL INCOME AID RATIO.
(II) FOR A STUDENT FOR WHICH EXPENSES ARE GREATER THAN ONE
HUNDRED THOUSAND DOLLARS ($100,000), SUBTRACT THE STATE
SUBSIDIES PAID ON BEHALF OF THE STUDENT TO THE SCHOOL DISTRICT
OR, FOR A STUDENT ENROLLED IN A CHARTER SCHOOL, THE CHARTER
SCHOOL PAYMENT RECEIVED BY THE CHARTER SCHOOL WHERE THE CHILD IS
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ENROLLED FROM THE EXPENSE INCURRED FOR THE STUDENT.
(3) NO SCHOOL DISTRICT OR CHARTER SCHOOL SHALL IN ANY SCHOOL
YEAR RECEIVE AN AMOUNT UNDER CLAUSE (1) WHICH EXCEEDS THE TOTAL
AMOUNT OF FUNDING AVAILABLE MULTIPLIED BY THE PERCENTAGE EQUAL
TO THE GREATEST PERCENTAGE OF THE STATE'S SPECIAL EDUCATION
STUDENTS ENROLLED IN A SCHOOL DISTRICT OR CHARTER SCHOOL.
SECTION 12. SECTION 2509.14 OF THE ACT IS REPEALED:
[SECTION 2509.14. SPECIAL EDUCATION FUNDING FOR ELIGIBLE
STUDENTS WITH DISABILITIES IN COST CATEGORY 3.--(A) FOR THE
2014-2015 SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, THE
DEPARTMENT OF EDUCATION SHALL SET ASIDE AN AMOUNT NOT LESS THAN
ONE PERCENT (1%) OF THE STATE SPECIAL EDUCATION APPROPRIATION
ABOVE THE LEVEL OF THE APPROPRIATION IN THE BASE YEAR. THE
DEPARTMENT OF EDUCATION SHALL DISTRIBUTE THIS AMOUNT AS PROVIDED
IN SUBSECTION (B).
(B) FOR THE 2014-2015 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, EACH SCHOOL DISTRICT IN THIS COMMONWEALTH SHALL
RECEIVE A PRO RATA SHARE OF THE AMOUNT SET ASIDE UNDER
SUBSECTION (A) BASED UPON THE NUMBER OF ELIGIBLE STUDENTS
RESIDING OR ENROLLED IN EACH SCHOOL DISTRICT AND CLASSIFIED IN
COST CATEGORY 3 DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR.
(C) THE FUNDING PROVIDED UNDER THIS SECTION SHALL BE
ACCOUNTED FOR AS PART OF ACTUAL SPECIAL EDUCATION SPENDING AND
AS PART OF THE SPECIAL EDUCATION ALLOCATION RECEIVED BY A SCHOOL
DISTRICT, ACCORDING TO THE DEFINITIONS IN SECTION 2501. SCHOOL
DISTRICTS SHALL ALSO ACCOUNT FOR THE FUNDING PROVIDED UNDER THIS
SECTION AND THE RESULTING SERVICES AND SUPPORTS FOR ELIGIBLE
STUDENTS THROUGH THE SPECIAL EDUCATION PLANS, REVISIONS, UPDATES
AND AMENDMENTS REQUIRED BY SECTION 2509.15.]
SECTION 13. SECTION 2510.3 OF THE ACT, ADDED JULY 9, 2013
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(P.L.408, NO.59), IS AMENDED TO READ:
SECTION 2510.3. ASSISTANCE TO SCHOOL DISTRICTS DECLARED TO
BE IN FINANCIAL RECOVERY STATUS OR IDENTIFIED FOR FINANCIAL
WATCH STATUS.--(A) FOR THE 2013-2014 AND 2015-2016 FISCAL YEAR,
THE DEPARTMENT OF EDUCATION MAY UTILIZE UP TO FOUR MILLION FIVE
HUNDRED THOUSAND DOLLARS ($4,500,000) OF UNDISTRIBUTED FUNDS NOT
EXPENDED, ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR GRANTS
AND SUBSIDIES MADE TO THE DEPARTMENT OF EDUCATION TO ASSIST
SCHOOL DISTRICTS DECLARED TO BE IN FINANCIAL RECOVERY STATUS
UNDER SECTION 621-A OR IDENTIFIED FOR FINANCIAL WATCH STATUS
UNDER SECTION 611-A. THE FUNDS SHALL BE TRANSFERRED BY THE
SECRETARY OF THE BUDGET TO A RESTRICTED ACCOUNT AS NECESSARY TO
MAKE PAYMENTS UNDER THIS SECTION AND, WHEN TRANSFERRED, ARE
HEREBY APPROPRIATED TO CARRY OUT THE PROVISIONS OF THIS SECTION.
(B) FOR THE 2013-2014 FISCAL YEAR, THE AMOUNT OF SEVEN
MILLION FIVE HUNDRED THOUSAND DOLLARS ($7,500,000) OF
UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT
OF EDUCATION SHALL BE TRANSFERRED TO THE FINANCIAL RECOVERY
SCHOOL DISTRICT TRANSITIONAL LOAN ACCOUNT TO MAKE LOANS AS
PROVIDED UNDER SECTION 681-A.
SECTION 14. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2599.6. READY-TO-LEARN BLOCK GRANTS.--(A) FOR THE
2015-2016 SCHOOL YEAR, THE DEPARTMENT OF EDUCATION SHALL PAY TO
EACH SCHOOL ENTITY A READY-TO-LEARN BLOCK GRANT EQUAL TO THE
AMOUNT PAID DURING THE 2014-2015 SCHOOL YEAR UNDER SECTION 1722-
J OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS "THE
FISCAL CODE."
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
THE REVENUES RECEIVED BY A SCHOOL DISTRICT UNDER THIS SECTION IN
20150HB0224PN2180 - 37 -
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