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SENATE AMENDED
PRIOR PRINTER'S NOS. 903, 1051
PRINTER'S NO. 1999
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
762
Session of
2015
INTRODUCED BY ROAE, JAMES, REED, McNEILL, V. BROWN, SAYLOR,
MURT, SANTORA, WATSON, SONNEY, TOPPER, MENTZER, FABRIZIO,
GROVE, RAPP, PHILLIPS-HILL, GIBBONS, HARHAI AND EVANKOVICH,
MARCH 10, 2015
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 29, 2015
AN ACT
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," in preliminary provisions, providing
for powers and duties of the Secretary of Education; IN
GROUNDS AND BUILDINGS, FURTHER PROVIDING FOR LIMITATIONS ON
APPROVAL OF PUBLIC SCHOOL BUILDING PROJECTS AND ESTABLISHING
THE PUBLIC SCHOOL BUILDING CONSTRUCTION AND RECONSTRUCTION
ADVISORY COMMITTEE; IN PUPILS AND ATTENDANCE, FURTHER
PROVIDING FOR EDUCATION AND TRAINING OF EXCEPTIONAL CHILDREN;
IN CHARTER SCHOOLS, FURTHER PROVIDING 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; PROVIDING FOR THE
RURAL REGIONAL COLLEGE FOR UNDERSERVED COUNTIES; IN FUNDING
FOR PUBLIC LIBRARIES, PROVIDING FOR STATE AID FOR FISCAL YEAR
2015-2016; 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 AND FOR SPECIAL EDUCATION FUNDING FOR ELIGIBLE
STUDENTS WITH DISABILITIES IN COST CATEGORY 3; IN
REIMBURSEMENTS BY COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS,
PROVIDING FOR FOR REIMBURSEMENT FOR SCHOOL DISTRICTS WITHOUT
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REQUIRED DOCUMENTATION, FOR PUBLIC SCHOOL BUILDING LEASE AND
DEBT SERVICE REIMBURSEMENTS FOR FISCAL YEAR 2015-2016 AND FOR
READY-TO-LEARN BLOCK GRANTS; PROVIDING FOR SCHOOL DISTRICT
DEBT REFINANCING BONDS; AND REPEALING PROVISIONS OF THE
FISCAL CODE RELATING TO RURAL REGIONAL COLLEGE FOR
UNDERSERVED COUNTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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 a
section to read:
Section 124. Powers and Duties of the Secretary of
Education.--(a) On behalf of the Commonwealth, the Secretary of
Education shall have the authority and duty to enter into and
administer membership in a regional compact and an interstate
reciprocity agreement for the provision of postsecondary
distance education by the following:
(1) Institutions of higher education to students in other
states, territories and districts party to such agreement.
(2) Postsecondary institutions in other states, territories
or districts that are a party to such agreement to students in
this Commonwealth.
(b) The Department of Education may charge administrative
fees to institutions of higher education that choose to
participate in the agreement, not to exceed the Department of
Education's additional administrative cost.
(c) The Postsecondary Distance Education Interstate
Reciprocity Agreement Restricted Receipts Account is established
as a special restricted receipts account within the General Fund
of the State Treasury, from which the department may draw moneys
for the purpose of agreement expenses, the costs of
administering and implementing the agreement and all other costs
associated with the activities of the department related to
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implementation of this section. This account shall consist of
all administrative fees deposited under subsection (b) and State
funds appropriated for use under this section. The restricted
receipts account shall be subject to audit by the Auditor
General.
(d) For purposes of this section, "institution of higher
education" shall have the meaning given in section 118.
Section 2. This act shall take effect in 60 days.
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 A
SECTION TO READ:
SECTION 124. POWERS AND DUTIES OF THE SECRETARY OF
EDUCATION.--(A) ON BEHALF OF THE COMMONWEALTH, THE SECRETARY OF
EDUCATION SHALL HAVE THE AUTHORITY AND DUTY TO ENTER INTO AND
ADMINISTER MEMBERSHIP IN A REGIONAL COMPACT AND AN INTERSTATE
RECIPROCITY AGREEMENT FOR THE PROVISION OF POSTSECONDARY
DISTANCE EDUCATION BY THE FOLLOWING:
(1) INSTITUTIONS OF HIGHER EDUCATION TO STUDENTS IN OTHER
STATES, TERRITORIES AND DISTRICTS PARTY TO SUCH AGREEMENT.
(2) POSTSECONDARY INSTITUTIONS IN OTHER STATES, TERRITORIES
OR DISTRICTS THAT ARE A PARTY TO SUCH AGREEMENT TO STUDENTS IN
THIS COMMONWEALTH.
(B) THE DEPARTMENT OF EDUCATION MAY CHARGE ADMINISTRATIVE
FEES TO INSTITUTIONS OF HIGHER EDUCATION THAT CHOOSE TO
PARTICIPATE IN THE AGREEMENT, NOT TO EXCEED THE AMOUNT NECESSARY
TO PAY THE ADMINISTRATIVE COSTS OF THE AGREEMENT. THE DEPARTMENT
MAY PROMULGATE FINAL-OMITTED REGULATIONS PURSUANT TO THE ACT OF
JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE "REGULATORY REVIEW
ACT," NECESSARY TO IMPLEMENT THIS SUBSECTION, PROVIDED THAT SUCH
FINAL-OMITTED REGULATIONS SHALL EXPIRE ON JUNE 30, 2018. AFTER
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JUNE 30, 2018, ANY REVISIONS TO THE ADMINISTRATIVE FEES CHARGED
UNDER THIS SUBSECTION SHALL BE MADE THROUGH REGULATIONS
PROMULGATED UNDER THE REGULATORY REVIEW ACT.
(C) THE POSTSECONDARY DISTANCE EDUCATION INTERSTATE
RECIPROCITY AGREEMENT RESTRICTED RECEIPTS ACCOUNT IS ESTABLISHED
AS A SPECIAL RESTRICTED RECEIPTS ACCOUNT WITHIN THE GENERAL FUND
OF THE STATE TREASURY, FROM WHICH THE DEPARTMENT MAY DRAW MONEYS
FOR THE PURPOSE OF AGREEMENT EXPENSES, THE COSTS OF
ADMINISTERING AND IMPLEMENTING THE AGREEMENT AND ALL OTHER COSTS
ASSOCIATED WITH THE ACTIVITIES OF THE DEPARTMENT RELATED TO
IMPLEMENTATION OF THIS SECTION. THIS ACCOUNT SHALL CONSIST OF
ALL ADMINISTRATIVE FEES DEPOSITED UNDER SUBSECTION (B) AND STATE
FUNDS APPROPRIATED FOR USE UNDER THIS SECTION. THE RESTRICTED
RECEIPTS ACCOUNT SHALL BE SUBJECT TO AUDIT BY THE AUDITOR
GENERAL.
(D) FOR PURPOSES OF THIS SECTION, "INSTITUTION OF HIGHER
EDUCATION" SHALL HAVE THE MEANING GIVEN IN SECTION 118.
SECTION 2. SECTION 732.1 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 732.1. LIMITATION ON NEW APPLICATIONS FOR DEPARTMENT
OF EDUCATION APPROVAL OF PUBLIC SCHOOL BUILDING PROJECTS.--* * *
(C) FOR THE 2015-2016 SCHOOL YEAR, THE DEPARTMENT OF
EDUCATION SHALL NOT ACCEPT OR APPROVE NEW BUILDING CONSTRUCTION
OR RECONSTRUCTION PROJECT APPLICATIONS. COMPLETED SCHOOL
BUILDING CONSTRUCTION OR RECONSTRUCTION PROJECT APPLICATIONS
RECEIVED BY THE DEPARTMENT OF EDUCATION BY AUGUST 15, 2015, ARE
NOT SUBJECT TO THIS SUBSECTION.
SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 732.2. PUBLIC SCHOOL BUILDING CONSTRUCTION AND
RECONSTRUCTION ADVISORY COMMITTEE.--(A) THERE IS HEREBY
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ESTABLISHED AN ADVISORY COMMITTEE TO REVIEW AND MAKE FINDINGS
RELATED TO THE CONSTRUCTION AND RECONSTRUCTION OF PUBLIC SCHOOL
BUILDINGS, INCLUDING CONSTRUCTION AND RECONSTRUCTION PLANNING,
FINANCING AND COMMONWEALTH REIMBURSEMENT.
(B) THE ADVISORY COMMITTEE SHALL CONSIST OF THE FOLLOWING:
(1) THE SECRETARY OF EDUCATION OR A DESIGNEE.
(2) (RESERVED).
(3) A REPRESENTATIVE FROM THE FOLLOWING:
(I) THE PENNSYLVANIA ASSOCIATION OF SCHOOL BUSINESS
OFFICIALS.
(II) THE PENNSYLVANIA SCHOOL BOARDS ASSOCIATION.
(4) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS
COMMITTEE AND EDUCATION COMMITTEE OF THE SENATE AND THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
AND EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(5) TWO MEMBERS APPOINTED BY THE PRESIDENT PRO TEMPORE OF
THE SENATE, ONE OF WHOM MUST HAVE EXPERTISE IN MUNICIPAL DEBT
AND FINANCE.
(6) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, ONE OF WHOM MUST HAVE EXPERIENCE IN MUNICIPAL
DEBT AND FINANCE.
(C) THE COMMITTEE SHALL HOLD ITS FIRST MEETING WITHIN THIRTY
(30) DAYS OF THE EFFECTIVE DATE OF THIS SECTION REGARDLESS OF
WHETHER ALL OF THE COMMITTEE MEMBERS HAVE BEEN APPOINTED TO THE
COMMITTEE. AT THE FIRST MEETING, THE DEPARTMENT OF EDUCATION
SHALL PRESENT ITS REPORT RELATING TO THE STATEWIDE ANALYSIS OF
SCHOOL FACILITIES AND CAPITAL NEEDS AS REQUIRED UNDER SECTION
732.1.
(D) THE COMMITTEE SHALL APPOINT A MEMBER TO SERVE AS
CHAIRMAN OF THE COMMITTEE.
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(E) THE COMMITTEE SHALL HOLD MEETINGS AT THE CALL OF THE
CHAIRMAN.
(F) THE MEMBERS MAY NOT RECEIVE COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE REIMBURSED FOR ALL NECESSARY TRAVEL AND
OTHER REASONABLE EXPENSES INCURRED IN CONNECTION WITH THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE COMMITTEE.
(G) THE GENERAL ASSEMBLY SHALL PROVIDE ADMINISTRATIVE
SUPPORT, MEETING SPACE AND ANY OTHER ASSISTANCE REQUIRED BY THE
COMMITTEE TO CARRY OUT ITS DUTIES UNDER THIS SECTION IN
COOPERATION WITH THE DEPARTMENT. THE DEPARTMENT SHALL PROVIDE
THE COMMITTEE WITH DATA, RESEARCH AND OTHER INFORMATION UPON
REQUEST.
(H) THE COMMITTEE SHALL ISSUE A REPORT NOT LATER THAN
FEBRUARY 1, 2016, OF THE COMMITTEE'S FINDINGS TO THE GOVERNOR,
THE PRESIDENT PRO TEMPORE OF THE SENATE, THE MAJORITY LEADER AND
MINORITY LEADER OF THE SENATE, THE APPROPRIATIONS COMMITTEE AND
EDUCATION COMMITTEE OF THE SENATE, THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, THE MAJORITY LEADER AND MINORITY LEADER OF THE
HOUSE OF REPRESENTATIVES, THE APPROPRIATIONS COMMITTEE AND
EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
SECRETARY OF EDUCATION.
SECTION 4. 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
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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
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 5. 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
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
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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
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
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ACCOUNT OF SOCIAL SECURITY PAYMENTS MADE BY A CHARTER SCHOOL.
* * *
SECTION 6. 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
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
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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 THE AMOUNT
APPROPRIATED FOR CAREER AND TECHNICAL EDUCATION EQUIPMENT GRANTS
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.
(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
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.
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(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 7. SECTION 1913-A(B)(1.6) OF THE ACT 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:
* * *
(IX) FOR THE 2015-2016 FISCAL YEAR, EACH COMMUNITY COLLEGE
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.
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(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 THE DIFFERENCE BETWEEN
THE APPROPRIATION FOR PAYMENT OF APPROVED OPERATING EXPENSES OF
COMMUNITY COLLEGES IN FISCAL YEAR 2015-2016 AND FISCAL YEAR
2014-2015.
(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.
* * *
SECTION 8. 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
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
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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 9. 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 10. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XIX-G
RURAL REGIONAL COLLEGE FOR UNDERSERVED COUNTIES
SECTION 1901-G. (RESERVED).
SECTION 1901.1-G. LEGISLATIVE INTENT.
IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FOR THE
CONTINUED EXISTENCE, OPERATION AND ADMINISTRATION OF THE RURAL
REGIONAL COLLEGE ESTABLISHED UNDER FORMER ARTICLE XVII-E.1 OF
THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL
CODE.
SECTION 1901.2-G. APPROPRIATIONS.
APPROPRIATIONS FOR THE OPERATION OF THE RURAL REGIONAL
COLLEGE SHALL HAVE PREFERRED STATUS AND BE CONSIDERED ORDINARY
EXPENSES OF STATE GOVERNMENT.
SECTION 1902-G. SCOPE OF ARTICLE.
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THIS ARTICLE PROVIDES FOR THE ESTABLISHMENT OF A RURAL
REGIONAL COLLEGE IN A MULTICOUNTY RURAL AREA THAT IS UNDERSERVED
BY COMPREHENSIVE COMMUNITY COLLEGE EDUCATION AND WORK FORCE
DEVELOPMENT.
SECTION 1903-G. 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:
"ANNUAL." A 12-MONTH PERIOD COTERMINOUS WITH THE
COMMONWEALTH'S FISCAL YEAR BEGINNING JULY 1 AND ENDING JUNE 30.
"BOARD OF TRUSTEES." THE BOARD OF TRUSTEES OF A RURAL
REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE.
"CERTIFIED PUBLIC ACCOUNTANT." A MEMBER OF THE AMERICAN
INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS WHO HAS A MINIMUM OF
FIVE YEARS' VERIFIABLE EXPERIENCE IN PERFORMING AUDITS OF
GOVERNMENT FUNDS FOR NONPROFIT ORGANIZATIONS WITH A COMPARABLE
OR LARGER ANNUAL BUDGET.
"COUNTY." ANY COUNTY IN THIS COMMONWEALTH.
"MIDDLE STATES." THE MIDDLE STATES ASSOCIATION OF COLLEGES
AND SCHOOLS.
"PARTNER INSTITUTION." ONE OR MORE MIDDLE STATES-ACCREDITED
INSTITUTIONS OF HIGHER EDUCATION.
"RURAL REGIONAL COLLEGE." A PUBLIC INSTITUTION OF HIGHER
EDUCATION WHICH IS ESTABLISHED IN A RURAL AREA AND OPERATED IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AS A COLLEGE
WHICH PROVIDES UP TO A TWO-YEAR, POSTSECONDARY EDUCATION NOT TO
EXCEED THE LEVEL OF AN ASSOCIATE OF ARTS OR SCIENCES DEGREE AND
WHICH IS ACTIVE IN WORK FORCE DEVELOPMENT.
"RURAL REGIONAL COLLEGE PLAN" OR "PLAN." A PLAN FOR THE
ESTABLISHMENT AND OPERATION OF A RURAL REGIONAL COLLEGE UNDER
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THIS ARTICLE.
"SECRETARY." THE SECRETARY OF EDUCATION OF THE COMMONWEALTH
OR SUCH PERSON AS THE SECRETARY MAY DESIGNATE TO ACT ON BEHALF
OF THE SECRETARY WITH REGARD TO ANY OF THE DUTIES AND
PREROGATIVES IMPOSED BY THIS ARTICLE.
"STATE BOARD." THE STATE BOARD OF EDUCATION.
SECTION 1904-G. DESIGNATIONS BY SECRETARY.
(A) DUTIES OF SECRETARY.--
(1) THE SECRETARY SHALL DESIGNATE AN ESTABLISHED
NONPROFIT ORGANIZATION AS DEFINED UNDER SECTION 501(C)(3) OF
THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26
U.S.C. § 501(C)(3)), WHICH REPRESENTS A RURAL MULTICOUNTY
REGION UNDERSERVED BY A COMPREHENSIVE COMMUNITY COLLEGE
PROGRAM, INCLUDING WORK FORCE DEVELOPMENT, TO ASSIST THE
SECRETARY WITH THE DESIGNATION UNDER PARAGRAPH (2).
(2) WITHIN 30 DAYS OF THE DESIGNATION UNDER PARAGRAPH
(1), THE SECRETARY SHALL, IN CONSULTATION WITH THE NONPROFIT
ORGANIZATION, DESIGNATE CONTIGUOUS COUNTIES OR PARTS OF
CONTIGUOUS COUNTIES TO BE SERVED BY ESTABLISHMENT OF A RURAL
REGIONAL COLLEGE.
(B) CHANGES.--NO SOONER THAN JULY 10, 2018, THE SECRETARY,
WITH APPROVAL OF THE BOARD OF TRUSTEES, MAY ADD COUNTIES OR
PARTS OF COUNTIES TO BE SERVED BY THE RURAL REGIONAL COLLEGE.
SECTION 1905-G. DESIGNATION AND BOARD OF TRUSTEES.
WITHIN 60 DAYS OF THE SECRETARY'S DESIGNATION UNDER SECTION
1904-G(A)(2), A BOARD OF TRUSTEES SHALL BE APPOINTED TO
ESTABLISH A RURAL REGIONAL COLLEGE. THE BOARD OF TRUSTEES SHALL
CONSIST OF NOT FEWER THAN SEVEN MEMBERS NOR MORE THAN 15 MEMBERS
APPOINTED BY THE SECRETARY IN CONSULTATION AND JOINTLY WITH THE
NONPROFIT ORGANIZATION DESIGNATED UNDER SECTION 1904-G(A)(1).
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THE FOLLOWING SHALL APPLY TO THE BOARD OF TRUSTEES ESTABLISHED
UNDER THIS SECTION:
(1) MEMBERS OF THE BOARD OF TRUSTEES SHALL BE
REPRESENTATIVE OF THE AREA DESIGNATED UNDER SECTION 1904-G(A)
(2) AND MAY INCLUDE SCHOOL ADMINISTRATORS, COMMUNITY
EDUCATION COUNCIL OFFICIALS, BUSINESS LEADERS AND GOVERNMENT
OFFICIALS.
(2) MEMBERS OF THE BOARD OF TRUSTEES SHALL BE APPOINTED
FOR TERMS OF THREE YEARS EACH, EXCEPT THAT THOSE PERSONS
INITIALLY APPOINTED SHALL DRAW LOTS TO DETERMINE WHICH
TRUSTEES SHALL SERVE FOR A TERM OF THREE YEARS, WHICH
TRUSTEES SHALL SERVE FOR A TERM OF TWO YEARS AND WHICH
TRUSTEES SHALL SERVE FOR A TERM OF ONE YEAR. TO THE EXTENT
PRACTICABLE, FROM THOSE TRUSTEES INITIALLY APPOINTED, AN
EQUAL NUMBER SHALL DRAW LOTS TO SERVE FOR A TERM OF THREE
YEARS, FOR A TERM OF TWO YEARS AND FOR A TERM OF ONE YEAR.
THEREAFTER, ALL MEMBERS SHALL BE APPOINTED FOR TERMS OF THREE
YEARS EACH.
(3) VACANCIES ON THE BOARD SHALL BE FILLED BY THE
EXISTING BOARD. A TRUSTEE MAY SUCCEED HIMSELF, PROVIDED THAT
NO MEMBER SHALL SERVE FOR LONGER THAN 10 YEARS.
(4) THE SECRETARY SHALL CONVENE AN INITIAL MEETING OF
THE BOARD OF TRUSTEES WITHIN 30 DAYS OF THE SECRETARY'S
APPOINTMENT OF A BOARD OF TRUSTEES UNDER THIS SECTION. AFTER
THE INITIAL MEETING, THE BOARD OF TRUSTEES SHALL MEET AT SUCH
TIMES EACH YEAR AS THE BOARD OF TRUSTEES DETERMINES TO BE
NECESSARY TO SATISFY THE REQUIREMENTS OF THIS ARTICLE.
(5) THE BOARD OF TRUSTEES SHALL ADOPT STANDING OPERATING
RULES AND PROCEDURES, BYLAWS AND ARTICLES OF INCORPORATION.
(6) THE BOARD OF TRUSTEES SHALL ESTABLISH AN ADVISORY
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COUNCIL OF PRESIDENTS, OR THEIR DESIGNEES, FROM INSTITUTIONS
WITH POSTSECONDARY EDUCATION PROGRAMS WITHIN THE REGION
DESIGNATED UNDER SECTION 1904-G(A)(2). THE ADVISORY COUNCIL
SHALL MEET QUARTERLY TO DISCUSS EMPLOYER AND WORK FORCE
NEEDS, NEW EDUCATIONAL OFFERINGS AND GENERAL COORDINATION OF
SERVICE AND FACILITIES. ONE ADVISORY COUNCIL MEMBER
REPRESENTING A COMMUNITY COLLEGE AND ONE ADVISORY COUNCIL
MEMBER THAT IS A PRESIDENT OF A COLLEGE OR UNIVERSITY SHALL
SERVE AS COCHAIRMEN.
(7) THE BOARD OF TRUSTEES SHALL CHOOSE FROM AMONG ITS
MEMBERS A CHAIRMAN, VICE CHAIRMAN AND SECRETARY.
(8) A MAJORITY OF THE MEMBERS OF THE BOARD OF TRUSTEES
SHALL CONSTITUTE A QUORUM.
(9) TRUSTEES SHALL SERVE WITHOUT COMPENSATION, EXCEPT
THAT THEY SHALL BE REIMBURSED BY THE RURAL REGIONAL COLLEGE
FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR DUTIES.
SECTION 1906-G. ESTABLISHMENT.
(A) GENERAL RULE.--NO LATER THAN JUNE 30, 2016, THE BOARD OF
TRUSTEES APPOINTED UNDER SECTION 1905-G SHALL SUBMIT TO THE
SECRETARY A PROPOSED RURAL REGIONAL COLLEGE PLAN IN SUCH FORM
AND CONTAINING SUCH INFORMATION AS THE SECRETARY MAY REQUIRE. IN
ADDITION TO OTHER INFORMATION WHICH MAY BE REQUIRED BY THE
SECRETARY, THE PLAN SHALL INCLUDE THE FOLLOWING:
(1) A DESIGNATION OF THE NAME OF THE PROPOSED RURAL
REGIONAL COLLEGE WHICH SHALL BE THE "RURAL REGIONAL COLLEGE
OF " OR " RURAL REGIONAL
COLLEGE."
(2) A SURVEY OF THE EDUCATIONAL, VOCATIONAL AND
OCCUPATIONAL NEEDS OF THE AREA AND THE MEANS BY WHICH THE
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PROPOSED RURAL REGIONAL COLLEGE WILL MEET THOSE NEEDS,
REENGAGE HIGH SCHOOL DROPOUTS TO EARN THEIR SECONDARY
CREDENTIALS AND POSTSECONDARY CREDENTIALS OR INDUSTRY
CERTIFICATION, REDUCE UNEMPLOYMENT AND IMPROVE THE EMPLOYABLE
SKILLS OF RESIDENTS OF THE AREA TO BE SERVED BY THE RURAL
REGIONAL COLLEGE.
(3) AN OPERATING AND FINANCIAL PLAN FOR THE PROPOSED
RURAL REGIONAL COLLEGE, INCLUDING A PLAN FOR THE CAPITAL
NEEDS AND EXPENSES OF THE PROPOSED RURAL REGIONAL COLLEGE.
(4) A PLAN BY WHICH THE RURAL REGIONAL COLLEGE SHALL
SEEK ACCREDITATION BY AN ACCREDITING ASSOCIATION WHICH IS
RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION.
(B) SUBMISSION OF PLAN.--WITHIN 60 DAYS OF THE SUBMISSION OF
THE RURAL REGIONAL COLLEGE PLAN TO THE SECRETARY, THE SECRETARY
SHALL ISSUE AN APPROVAL OR REJECTION OF THE PLAN. A REJECTION OF
THE PLAN SHALL BE ACCOMPANIED BY A WRITTEN STATEMENT OF THE
REASONS FOR THE REJECTION OF THE PLAN. IF THE PLAN IS REJECTED,
THE BOARD OF TRUSTEES SHALL SUBMIT A REVISED PLAN TO THE
SECRETARY WITHIN 60 DAYS OF THE PLAN'S REJECTION.
(C) PLAN APPROVAL.--UPON THE APPROVAL OF THE PLAN BY THE
SECRETARY, THE RURAL REGIONAL COLLEGE SHALL BE CONSIDERED
ESTABLISHED.
SECTION 1907-G. POWERS AND DUTIES OF BOARD OF TRUSTEES.
(A) GENERAL RULE.--THE BOARD OF TRUSTEES APPOINTED UNDER
SECTION 1905-G SHALL ADMINISTER AND SUPERVISE THE AFFAIRS OF THE
RURAL REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE. SUBJECT
TO ANY OTHER LAW AND TO ANY REGULATIONS PROMULGATED BY THE STATE
BOARD PERTAINING TO RURAL REGIONAL COLLEGES, THE BOARD OF
TRUSTEES SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(1) TO ADVANCE THE MISSION OF THE RURAL REGIONAL COLLEGE
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IN SERVICE TO RESIDENTS OF THE REGION DESIGNATED UNDER
SECTION 1904-G(A)(2).
(2) TO APPOINT AND FIX THE SALARY OF A PRESIDENT OF THE
RURAL REGIONAL COLLEGE.
(3) TO APPOINT AND FIX THE SALARY OF A CHIEF FINANCIAL
OFFICER OF THE RURAL REGIONAL COLLEGE.
(4) TO HOLD, RENT, LEASE, SELL, PURCHASE AND IMPROVE
LAND, BUILDINGS, FURNISHINGS, EQUIPMENT, MATERIALS, BOOKS AND
SUPPLIES.
(5) TO ENTER INTO CONTRACTS FOR SERVICES WITH COMMUNITY
EDUCATION COUNCILS, SCHOOLS, COLLEGES OR UNIVERSITIES, OR
WITH SCHOOL DISTRICTS OR MUNICIPALITIES, AND OTHER APPLICABLE
OR APPROPRIATE AGENCIES AND ORGANIZATIONS TO EFFECTUATE THE
PURPOSES OF THIS ARTICLE.
(6) TO ACCEPT AND RECEIVE GIFTS OF REAL AND PERSONAL
PROPERTY AND FEDERAL, STATE AND LOCAL MONEY, LOANS AND GRANTS
AND TO EXPEND THE SAME.
(7) TO MAKE POLICIES PROVIDING FOR THE ADMISSION AND
EXPULSION OF STUDENTS, THE COURSES OF INSTRUCTION, THE
TUITION AND FEES TO BE CHARGED AND FOR ALL MATTERS RELATED TO
THE GOVERNMENT AND ADMINISTRATION OF THE RURAL REGIONAL
COLLEGE, PROVIDED THAT POLICIES RELATED TO ADMISSION, TUITION
AND FEES GIVE PREFERENCE TO RESIDENTS OF THE AREA DESIGNATED
BY THE SECRETARY UNDER SECTION 1904-G(A)(2).
(8) TO SUBMIT TO THE SECRETARY FOR APPROVAL PROPOSED
AMENDMENTS TO THE RURAL REGIONAL COLLEGE PLAN.
(9) TO ENTER INTO CONTRACTS FOR SERVICES TO HIGH SCHOOLS
LOCATED IN THE AREA DESIGNATED BY THE SECRETARY UNDER SECTION
1904-G TO PROVIDE SERVICES, INCLUDING AREA VOCATIONAL-
TECHNICAL EDUCATION SERVICES.
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(10) TO APPROVE AN ANNUAL BUDGET TO BE SUBMITTED TO THE
SECRETARY FOR FUNDING.
(11) TO EXERCISE SUCH OTHER POWERS AND PERFORM SUCH
OTHER DUTIES AS ARE NECESSARY TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE.
(B) DUTIES OF BOARD.--THE BOARD OF TRUSTEES SHALL ENTER INTO
CONTRACTS, HOLD PROPERTY AND TAKE OTHER ACTIONS IN THE NAME OF
THE RURAL REGIONAL COLLEGE.
(C) INITIAL PARTNERSHIP.--
(1) THE BOARD OF TRUSTEES SHALL SELECT INITIALLY A
PARTNER INSTITUTION TO DEVELOP AND OFFER ACCREDITED COURSES
AND PROGRAMS OF STUDY AT THE APPROVED SITES OF OPERATION.
(2) THE PARTNER INSTITUTION SHALL SELECT PROGRAMS ONLY
WITH APPROVAL OF THE BOARD OF TRUSTEES AND CONSISTENT WITH
THE PARTNER INSTITUTION'S ACCREDITATION AND SHALL BE
RESPONSIBLE FOR STAFFING AND EVALUATION AND PROVISION OF
OTHER SUPPORT SERVICES AS MAY BE REQUIRED FOR STUDENTS.
(3) THE BOARD OF TRUSTEES MAY CONTRACT WITH OTHER
COLLEGES TO PROVIDE CURRICULA NOT AVAILABLE THROUGH THE
PARTNER INSTITUTION.
(4) AS THE RURAL REGIONAL COLLEGE IS ABLE TO OPERATE ON
ITS OWN, A TRANSITION PLAN AND BUDGET SHALL BE INCLUDED IN
THE CONTRACT BETWEEN THE RURAL REGIONAL COLLEGE AND THE
PARTNER INSTITUTION TO EFFICIENTLY EXPEDITE THE TRANSITION.
(5) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
PRECLUDE THE BOARD OF TRUSTEES FROM CONTRACTING FOR SPECIFIC
SERVICES OR PROGRAMS FOLLOWING THE TRANSITION FROM THE
INITIAL PARTNER INSTITUTION.
SECTION 1908-G. OFFICERS OF RURAL REGIONAL COLLEGE.
(A) PRESIDENT.--THE PRESIDENT SHALL BE THE CHIEF EXECUTIVE
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AND ADMINISTRATIVE OFFICER OF THE RURAL REGIONAL COLLEGE AND
SHALL PERFORM ALL DUTIES WHICH THE BOARD OF TRUSTEES MAY
PRESCRIBE. THE PRESIDENT SHALL HAVE THE RIGHT TO ATTEND MEETINGS
OF THE BOARD OF TRUSTEES AND TO BE HEARD ON ALL MATTERS BEFORE
IT BUT SHALL HAVE NO RIGHT TO VOTE ON ANY MATTER.
(B) CHIEF FINANCIAL OFFICER.--THE CHIEF FINANCIAL OFFICER OF
THE RURAL REGIONAL COLLEGE SHALL GIVE A PROPER BOND IN SUCH
AMOUNT AND WITH SUCH CORPORATE SURETY AS IS APPROVED BY THE
BOARD OF TRUSTEES. THE CHIEF FINANCIAL OFFICER SHALL FILE THE
BOND WITH THE BOARD OF TRUSTEES. THE ACCOUNT OF THE CHIEF
FINANCIAL OFFICER SHALL BE AUDITED ANNUALLY BY A CERTIFIED
PUBLIC ACCOUNTANT OR OTHER QUALIFIED PUBLIC ACCOUNTANT SELECTED
BY THE BOARD OF TRUSTEES.
SECTION 1909-G. STUDENTS.
ANY INDIVIDUAL MAY APPLY FOR ADMISSION TO THE RURAL REGIONAL
COLLEGE ESTABLISHED UNDER THIS ARTICLE, PROVIDED THAT PREFERENCE
IN ADMISSIONS, TUITION AND FEES MAY BE GIVEN TO RESIDENTS OF THE
MULTICOUNTY AREA DESIGNATED BY THE SECRETARY UNDER SECTION 1904-
G(A)(2). IN CONSIDERING APPLICANTS FOR ADMISSION, THE RURAL
REGIONAL COLLEGE SHALL NOT DISCRIMINATE ON THE BASIS OF RACE,
COLOR, GENDER, MARITAL STATUS, ETHNIC GROUP OR RELIGION.
SECTION 1910-G. TUITION.
THE TUITION AND FEES CHARGED BY THE RURAL REGIONAL COLLEGE
SHALL BE AN AMOUNT DETERMINED BY THE BOARD OF TRUSTEES, IN
ACCORDANCE WITH THE BUDGET SUBMITTED TO THE SECRETARY. THE BOARD
OF TRUSTEES SHALL ANNUALLY ESTABLISH A SEPARATE SCHEDULE OF
TUITION AND FEES FOR STUDENTS THAT RESIDE INSIDE THE REGION
DESIGNATED UNDER SECTION 1904-G(A)(2) AND STUDENTS THAT RESIDE
OUTSIDE THE REGION.
SECTION 1911-G. DISSOLUTION AND TRANSITION OF RURAL REGIONAL
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COLLEGE.
THE RURAL REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE MAY
NOT BE DISSOLVED WITHOUT THE APPROVAL OF THE SECRETARY. UPON
DISSOLUTION OF THE RURAL REGIONAL COLLEGE, THE COMMONWEALTH
SHALL ASSUME ALL ASSETS AND LIABILITIES OF THE RURAL REGIONAL
COLLEGE, EXCEPT THAT SUCH ASSETS THAT ARE THE PROPERTY OF ANY
PARTNER INSTITUTION THAT MAY BE OPERATING FOR AND WITHIN THE
RURAL REGIONAL COLLEGE SHALL REMAIN THE PROPERTY OF THE PARTNER
INSTITUTION.
SECTION 1912-G. DEGREES.
THE RURAL REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE MAY
AWARD ANY TYPE OF DIPLOMA, TECHNICAL OR CAREER TRAINING
CERTIFICATE OR ASSOCIATE DEGREES IN THE ARTS, SCIENCES,
TECHNOLOGIES OR GENERAL EDUCATION UPON SUCCESSFUL COMPLETION OF
PROGRAMS AUTHORIZED BY THE BOARD OF TRUSTEES. AS LONG AS THE
PARTNER INSTITUTION PROVIDES THE ACCREDITED CURRICULA AND
COURSES UNDER CONTRACT TO THE RURAL REGIONAL COLLEGE, THE
REQUIREMENTS OF THE ACCREDITING AGENCY SHALL PERTAIN TO THE
GRANTING OF SUCH AWARDS.
SECTION 1913-G. FUNDING.
THE RURAL REGIONAL COLLEGE ESTABLISHED UNDER THIS ARTICLE
SHALL BE FUNDED BY TUITION AND FEES ESTABLISHED BY THE BOARD OF
TRUSTEES AND MAY ACCEPT APPROPRIATIONS FROM THE GENERAL
ASSEMBLY, GRANTS FROM THE FEDERAL GOVERNMENT, GRANTS FROM THE
COMMONWEALTH, GRANTS FROM PRIVATE FOUNDATIONS OR ANY COMBINATION
THEREOF.
SECTION 1914-G. FINANCIAL AID.
(A) INITIAL PARTNERSHIP PERIOD.--DURING THE RURAL REGIONAL
COLLEGE'S INITIAL PARTNERSHIP WITH A PARTNER INSTITUTION, A
STUDENT ENROLLED IN THE RURAL REGIONAL COLLEGE SHALL BE ELIGIBLE
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FOR CONSIDERATION FOR A PENNSYLVANIA STATE GRANT AND OTHER
COMMONWEALTH-FUNDED FINANCIAL AID ADMINISTERED BY THE
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, PROVIDED THAT
THE PARTNER INSTITUTION IS AN INSTITUTION OF HIGHER EDUCATION AS
APPROVED BY AND IN ACCORDANCE WITH RULES AND REGULATIONS OF THE
PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY.
(B) POSTTRANSITION PERIOD.--UPON THE RURAL REGIONAL COLLEGE
OPERATING ON ITS OWN WITHOUT A PARTNER INSTITUTION, A STUDENT
SHALL ONLY BE ELIGIBLE FOR CONSIDERATION FOR A PENNSYLVANIA
STATE GRANT AND ANY OTHER COMMONWEALTH-FUNDED FINANCIAL AID IF
THE RURAL REGIONAL COLLEGE IS APPROVED BY THE DEPARTMENT OF
EDUCATION, IS ACCREDITED OR A RECOGNIZED CANDIDATE FOR
ACCREDITATION WITH AN ACCREDITING BODY RECOGNIZED UNDER RULES
AND REGULATIONS OF THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE
AGENCY AND SATISFIES ANY OTHER INSTITUTIONAL AND ADMINISTRATIVE
PROGRAM REQUIREMENTS AS THE PENNSYLVANIA HIGHER EDUCATION
ASSISTANCE AGENCY MAY REQUIRE.
SECTION 1915-G. REGULATIONS.
THE STATE BOARD MAY PROMULGATE REGULATIONS UNDER THE ACT OF
JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW
ACT, AS NECESSARY TO IMPLEMENT THIS ARTICLE.
SECTION 1916-G. REPORTS.
THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL PREPARE
AND SUBMIT TO THE GENERAL ASSEMBLY WRITTEN INTERIM AND FINAL
REPORTS EVALUATING THE OPERATION OF THIS ARTICLE. THE INTERIM
REPORT SHALL BE SUBMITTED BY JUNE 30, 2018, AND THE FINAL REPORT
SHALL BE SUBMITTED BY JUNE 30, 2022. EACH REPORT SHALL INCLUDE,
BUT MAY NOT BE LIMITED TO, THE FOLLOWING:
(1) A REVIEW OF THE SUCCESS OF THE RURAL REGIONAL
COLLEGE ESTABLISHED UNDER THIS ARTICLE IN SATISFYING THE
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GOALS SET FORTH IN THE RURAL REGIONAL COLLEGE PLAN APPROVED
BY THE SECRETARY AND IN SATISFYING THE NEEDS OF THE
MULTICOUNTY AREA THE RURAL REGIONAL COLLEGE WAS ESTABLISHED
TO SERVE.
(2) DEMOGRAPHIC AND PROGRAM DATA, INCLUDING THE
FOLLOWING:
(I) NUMBERS OF FULL-TIME AND PART-TIME FACULTY AND
STUDENT ENROLLMENTS, IN TOTAL AND WITHIN CURRICULAR
AREAS.
(II) DUAL ENROLLMENT PARTICIPATION.
(III) CREDIT HOURS TAUGHT BY FACULTY.
(IV) DISTANCE LEARNING COURSES OFFERED.
(V) ARTICULATION AGREEMENTS WITH HIGHER EDUCATION
INSTITUTIONS.
(VI) LISTS OF COURSES WITH FEWER THAN 20 STUDENTS.
(VII) LISTS OF COURSES WITH MORE THAN 50 STUDENTS.
WHERE AVAILABLE, STUDENT DATA SHALL BE DISAGGREGATED BY
CATEGORIES, INCLUDING GENDER, RACE AND AGE.
(3) STUDENT PROGRESS AND ACHIEVEMENT MEASURES, INCLUDING
THE FOLLOWING:
(I) RETENTION RATES RELATED TO STUDENT GOALS.
(II) GRADUATION AND COMPLETION RATES AFTER TWO,
THREE AND FOUR YEARS.
(III) PASSING RATES ON CERTIFICATION AND LICENSURE
EXAMINATIONS.
(IV) NUMBER OF STUDENTS EMPLOYED WITHIN ONE YEAR OF
PROGRAM COMPLETION.
(V) PLACEMENT INTO ADDITIONAL EDUCATION OR
EMPLOYMENT IN THE STUDENT'S FIELD OF STUDY.
WHERE AVAILABLE, DATA SHALL BE DISAGGREGATED BY CATEGORIES,
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INCLUDING GENDER, RACE AND AGE.
(4) ECONOMIC AND WORK FORCE DEVELOPMENT MEASURES,
INCLUDING:
(I) EMPLOYER SATISFACTION.
(II) CUSTOMIZED JOB TRAINING OFFERINGS.
(III) EMPLOYMENT STATUS.
(IV) NUMBERS OF BUSINESSES AND ORGANIZATIONS SERVED.
(5) RECOMMENDATIONS FOR FUTURE LEGISLATION.
SECTION 1917-G. TRANSFERS OF CREDITS.
FOR PURPOSES OF FACILITATING THE TRANSFER OF CREDITS ATTAINED
BY STUDENTS OF THE RURAL REGIONAL COLLEGE, THE RURAL REGIONAL
COLLEGE SHALL BE CONSIDERED A PUBLIC INSTITUTION OF HIGHER
EDUCATION AS DEFINED IN SECTION 2001-C AND, UPON THE RURAL
REGIONAL COLLEGE BEING ABLE TO OPERATE ON ITS OWN, SHALL BE
REQUIRED TO FULFILL ALL THE DUTIES AND OBTAIN FOR ITS STUDENTS
ALL THE BENEFITS OF ARTICLE XX-C WITHIN TWO YEARS OF OPERATION
OF THE ESTABLISHED RURAL REGIONAL COLLEGE.
SECTION 11. THE ACT IS AMENDED BY ADDING A SECTION 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
FOR FISCAL YEAR 2014-2015.
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(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
ONE LIBRARY TO ANOTHER, THE STATE LIBRARIAN, UPON AGREEMENT
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OF THE AFFECTED LIBRARIES, MAY REDISTRIBUTE THE LOCAL LIBRARY
SHARE OF AID TO THE LIBRARY CURRENTLY SERVICING THE AREA.
SECTION 12. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2502.53. STUDENT-WEIGHTED BASIC EDUCATION FUNDING.--
(A) FOR THE 2014-2015 SCHOOL YEAR AND EACH SCHOOL YEAR
THEREAFTER, 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."
(2) AN AMOUNT EQUAL TO THE SCHOOL DISTRICT'S BASIC EDUCATION
FORMULA ENHANCEMENT ALLOCATION PAID DURING THE 2014-2015 SCHOOL
YEAR.
(3) 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
DIFFERENCE BETWEEN THE AMOUNT APPROPRIATED FOR THE ALLOCATION OF
BASIC EDUCATION FUNDING AND THE SUM OF THE AMOUNTS ALLOCATED IN
PARAGRAPHS (1) AND (2) FOR ALL SCHOOL DISTRICTS.
(III) DIVIDE THE PRODUCT IN SUBPARAGRAPH (II) BY THE SUM OF
THE PRODUCTS IN SUBPARAGRAPH (I) FOR ALL SCHOOL DISTRICTS.
(B) 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
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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).
(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).
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(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.
(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
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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
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
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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
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 (B)(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
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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
ADJUSTMENT AND THE AMOUNTS DETERMINED FOR THE SCHOOL DISTRICT
UNDER SUBSECTION (B)(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
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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.
(C) 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 (B)(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.
(D) THE APPROPRIATION FOR BASIC EDUCATION FORMULA
ENHANCEMENT MADE DURING THE 2015-2016 FISCAL YEAR SHALL BE USED
TO MAKE ALLOCATIONS UNDER THIS SECTION.
(E) ANY UNDISTRIBUTED FUNDS SHALL BE DEPOSITED IN THE
FINANCIAL RECOVERY DISTRICT TRANSITIONAL LOAN ACCOUNT.
SECTION 13. SECTION 2509.1 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *
(C.2) (1) FOR THE 2015-2016 SCHOOL YEAR, FIVE AND ONE-HALF
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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 14. SECTION 2509.5 OF THE ACT IS AMENDED BY ADDING A
SUBSECTION TO READ:
SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL
DISTRICTS.--* * *
(BBB) (1) DURING THE 2015-2016 SCHOOL YEAR AND EACH SCHOOL
YEAR THEREAFTER, 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 (2)(V) BY ITS MARKET
VALUE/INCOME AID RATIO AND ITS EQUALIZED MILLAGE MULTIPLIER
CALCULATED UNDER PARAGRAPH (2)(VI).
(II) MULTIPLY THE PRODUCT UNDER SUBPARAGRAPH (I) BY THE
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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.
(2) FOR THE PURPOSES OF PARAGRAPH (1)(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
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).
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(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
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
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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
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 15. SECTION 2509.8(E) OF THE ACT, ADDED DECEMBER 23,
2003 (P.L.304, NO.48), IS AMENDED AND THE SECTION IS AMENDED BY
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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.
(F) (I) 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.
(II) 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
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OR GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS ($75,000) AS
FOLLOWS:
(A) 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.
(B) 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
ENROLLED FROM THE EXPENSE INCURRED FOR THE STUDENT.
(III) NO SCHOOL DISTRICT OR CHARTER SCHOOL SHALL IN ANY
SCHOOL YEAR RECEIVE AN AMOUNT UNDER SUBCLAUSE (I) 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 16. SECTION 2509.14 OF THE ACT, ADDED APRIL 25, 2013
(P.L.12, NO.3), 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
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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 16.1. SECTION 2510.3 OF THE ACT, ADDED JULY 9, 2013
(P.L. , 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
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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 17. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 2581. REIMBURSEMENT FOR SCHOOL DISTRICTS NOT
SUBMITTING REQUIRED DOCUMENTATION.--(A) FOR A SCHOOL DISTRICT
THAT HAS RECEIVED DEPARTMENT OF EDUCATION APPROVAL FOR
COMMONWEALTH REIMBURSEMENT OF A CONSTRUCTION OR RECONSTRUCTION
PROJECT, BUT FAILS TO SUBMIT ALL ADDITIONAL PROJECT
DOCUMENTATION REQUESTED BY THE DEPARTMENT WITHIN NINETY (90)
DAYS AFTER THE DEPARTMENT'S REQUEST, THE DEPARTMENT SHALL MOVE:
(1) THE PROJECT BACK IN THE REIMBURSEMENT ORDER UNTIL SUCH
TIME AS THE SCHOOL DISTRICT COMPLIES WITH THE INFORMATION
REQUEST; AND
(2) OTHER PROJECTS UP IN THE REIMBURSEMENT ORDER.
(B) THE SECRETARY OF EDUCATION MAY GRANT WAIVERS TO SCHOOL
DISTRICTS THAT FAIL TO SUBMIT REQUESTED DOCUMENTATION UNDER
SUBSECTION (A) AND ARE IN THE PROCESS OF RECONCILING FINANCIAL
RECORDS OR ARE FACING LITIGATION OR BOND REFINANCING DELAYS.
SECTION 2582. PUBLIC SCHOOL BUILDING LEASE AND DEBT SERVICE
REIMBURSEMENTS FOR FISCAL YEAR 2015-2016.--(A) FOR THE 2015-
2016 FISCAL YEAR, THE DEPARTMENT OF EDUCATION SHALL UTILIZE
UNDISTRIBUTED FUNDS NOT EXPENDED AS OF JUNE 20, 2015, FROM
APPROPRIATIONS FOR PAYMENT ON ACCOUNT OF ANNUAL RENTAL OR
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SINKING FUND CHARGES ON SCHOOL BUILDINGS, INCLUDING CHARTER
SCHOOLS, TO MAKE REIMBURSEMENTS FOR SCHOOL BUILDING LEASES AND
DEBT SERVICE NECESSARY TO MAKE PAYMENTS IN FISCAL YEAR 2015-2016
UNDER THIS ARTICLE.
(B) THIS SECTION SHALL NOT INCLUDE REIMBURSEMENT FOR DEBT
SERVICE MEETING THE CRITERIA FOR BOND ISSUANCE UNDER ARTICLE
XXV-B.
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
AN AMOUNT EQUAL TO THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT
UNDER SECTION 1722-J(21)(II) OF "THE FISCAL CODE" SHALL NOT BE
INCLUDED IN THE SCHOOL DISTRICT'S BUDGETED TOTAL EXPENDITURE PER
AVERAGE DAILY MEMBERSHIP USED TO CALCULATE THE AMOUNT TO BE PAID
TO A CHARTER SCHOOL UNDER SECTION 1725-A(A)(2) AND (3).
(C) FOR THE PURPOSE OF THIS SECTION, A "SCHOOL ENTITY" MEANS
A SCHOOL DISTRICT, CHARTER SCHOOL OR CYBER CHARTER SCHOOL.
SECTION 18. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
ARTICLE XXV-B
SCHOOL DISTRICT DEBT REFINANCING BONDS
SECTION 2501-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:
"APPROVED RENTAL OR SINKING FUND CHARGES." THE TERM SHALL
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HAVE THE SAME MEANING AND SHALL CONSIST OF APPROVED REIMBURSABLE
RENTAL FOR LEASES AND APPROVED REIMBURSABLE SINKING FUND CHARGES
ON INDEBTEDNESS AS DEFINED IN SUBARTICLE (F) OF ARTICLE XXV.
"AUTHORITY." THE STATE PUBLIC SCHOOL BUILDING AUTHORITY.
"BOND." AS DEFINED IN SECTION 2(D) OF THE ACT OF JULY 5,
1947 (P.L.1217, NO.498), KNOWN AS THE STATE PUBLIC SCHOOL
BUILDING AUTHORITY ACT.
"BOND OBLIGATIONS." THE PRINCIPAL OF A BOND AND ANY PREMIUM
AND INTEREST PAYABLE ON A BOND, TOGETHER WITH ANY AMOUNT OWED
UNDER A RELATED AGREEMENT OR A RELATED RESOLUTION OF THE
AUTHORITY AUTHORIZING A BOND, TOGETHER WITH ANY ADMINISTRATIVE
EXPENSES INCURRED IN CONNECTION THEREWITH.
"CALL DATE." THE DATE ON WHICH ANY SCHOOL DISTRICT DEBT MAY
BE REDEEMED BEFORE MATURITY.
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"DISTRICT DEBT" OR "DEBT." ANY OBLIGATION OF A SCHOOL
DISTRICT CONSTITUTING DEBT UNDER EITHER THIS ACT OR 53 PA.C.S.
PT. VII SUBPT. B (RELATING TO INDEBTEDNESS AND BORROWING) WHICH
IS ELIGIBLE FOR REFUNDING UNDER THE PROVISIONS OF THIS ARTICLE.
"FINANCING LAW." THE ACT OF JULY 5, 1947 (P.L.1217, NO.498),
KNOWN AS THE STATE PUBLIC SCHOOL BUILDING AUTHORITY ACT.
"PROJECT." AS DEFINED IN SECTION 2(C) OF THE ACT OF JULY 5,
1947 (P.L.1217, NO.498), KNOWN AS THE STATE PUBLIC SCHOOL
BUILDING AUTHORITY ACT.
"REIMBURSEMENT PERCENTAGE." AS IT RELATES TO DISTRICT DEBT,
AN AMOUNT DETERMINED BY MULTIPLYING THE DISTRICT'S AID RATIO BY
THE APPROVED REIMBURSABLE RENTAL OR APPROVED REIMBURSABLE
SINKING FUND CHARGE.
SECTION 2502-B. BOND ISSUANCE.
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(A) DECLARATION OF POLICY.--THE GENERAL ASSEMBLY FINDS AND
DECLARES THAT FUNDING THE PAYMENT OF REIMBURSEMENTS TO SCHOOL
DISTRICTS FOR PROJECTS, THROUGH THE AUTHORITY, IS IN THE BEST
INTEREST OF THE COMMONWEALTH.
(B) AUTHORITY.--NOTWITHSTANDING ANY OTHER LAW, THE AUTHORITY
SHALL ISSUE BONDS ON BEHALF OF SCHOOL DISTRICTS TO PROVIDE
REIMBURSEMENTS FROM THE COMMONWEALTH AS REQUIRED UNDER
SUBARTICLE (F) OF ARTICLE XXV FOR APPROVED RENTAL OR SINKING
FUND CHARGES.
(C) DEBT OR LIABILITY.--
(1) BONDS ISSUED UNDER THIS ARTICLE SHALL NOT BE A DEBT
OR LIABILITY OF THE COMMONWEALTH AND SHALL NOT CREATE OR
CONSTITUTE ANY INDEBTEDNESS, LIABILITY OR OBLIGATION OF THE
COMMONWEALTH.
(2) BOND OBLIGATIONS SHALL BE PAYABLE SOLELY FROM
REVENUES OR FUNDS PLEDGED OR AVAILABLE FOR REPAYMENT AS
AUTHORIZED IN THIS ARTICLE.
(3) EACH BOND MUST CONTAIN ON ITS FACE A STATEMENT THAT:
(I) THE AUTHORITY IS OBLIGATED TO PAY THE PRINCIPAL
OF OR INTEREST ON THE BONDS ONLY FROM FUNDS PLEDGED UNDER
THIS ARTICLE.
(II) NEITHER THE COMMONWEALTH NOR ANY SCHOOL
DISTRICT IS OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST
ON THE BONDS.
(III) THE FULL FAITH AND CREDIT OF THE COMMONWEALTH
OR OF ANY SCHOOL DISTRICT IS NOT PLEDGED TO THE PAYMENT
OF THE PRINCIPAL OF OR THE INTEREST ON THE BONDS.
SECTION 2503-B. CRITERIA FOR BOND ISSUANCE.
(A) DETERMINATION.--
(1) THE DEPARTMENT SHALL DIRECT EACH SCHOOL DISTRICT IN
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THE COMMONWEALTH THAT HAS NOT YET RECEIVED ITS FULL
REIMBURSEMENT FOR APPROVED RENTAL OR SINKING FUND CHARGES
UNDER SUBARTICLE (F) OF ARTICLE XXV TO REFINANCE THAT PORTION
OF THE DISTRICT DEBT THAT WAS INCURRED FOR PROJECTS THAT ARE
CURRENTLY RECEIVING REIMBURSEMENTS FOR CONSTRUCTION COSTS IN
SUCH AMOUNTS AS CALCULATED UNDER THE PROVISIONS OF THIS
ARTICLE.
(2) SCHOOL DISTRICTS THAT SUBMITTED A COMPLETED INITIAL
SCHOOL CONSTRUCTION OR RECONSTRUCTION PROJECT APPLICATION TO
THE DEPARTMENT BEFORE OCTOBER 1, 2012, AND HAVE INCURRED DEBT
TO PAY FOR AN ELIGIBLE PROJECT SHALL BE DEEMED TO BE
CURRENTLY RECEIVING REIMBURSEMENT FOR APPROVED RENTAL OR
SINKING FUND CHARGES.
(3) FOR THE PURPOSES OF REFINANCING DEBT UNDER THIS
SECTION, THE SCHOOL DISTRICTS SHALL UTILIZE THE AUTHORITY AS
THE ISSUER OF THE BONDS.
(4) THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO
THE AUTHORITY AND SCHOOL DISTRICTS THAT REFINANCE THEIR DEBT
UNDER THIS ARTICLE.
(B) TERMS.--
(1) A SCHOOL DISTRICT, WITH THE APPROVAL OF THE
DEPARTMENT, SHALL REFINANCE ITS DISTRICT DEBT THROUGH THE
AUTHORITY IN SUCH AMOUNTS CALCULATED AS FOLLOWS:
(I) FOR DISTRICT DEBT WHERE THE CALL DATE HAS NOT
BEEN REACHED, THE SUM OF THE PRINCIPAL AND INTEREST
PAYMENTS DUE TO THE CALL DATE MULTIPLIED BY THE SCHOOL
DISTRICT'S REIMBURSEMENT PERCENTAGE FOR THE DISTRICT DEBT
BEING REFINANCED PLUS THE SUM OF THE PRINCIPAL DUE AFTER
THE CALL DATE MULTIPLIED BY THE DISTRICT'S REIMBURSEMENT
PERCENTAGE FOR THE DISTRICT DEBT BEING REFINANCED PLUS
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THE COST INCURRED IN CONNECTION WITH THE ISSUANCE OF THE
BONDS.
(II) FOR DISTRICT DEBT WHERE THE CALL DATE HAS BEEN
REACHED, THE PRINCIPAL DUE AND INTEREST TO THE REDEMPTION
DATE MULTIPLIED BY THE DISTRICT'S REIMBURSEMENT
PERCENTAGE FOR THE DEBT BEING REFINANCED PLUS THE COST
INCURRED IN CONNECTION WITH THE ISSUANCE OF THE BONDS.
(2) THE MAXIMUM TERM OF THE BONDS TO BE ISSUED BY THE
AUTHORITY MAY NOT EXCEED 30 YEARS.
(3) THE TOTAL PRINCIPAL AMOUNT OF BONDS ISSUED BY THE
AUTHORITY UNDER THIS ARTICLE MAY NOT EXCEED THE AMOUNT
DETERMINED UNDER THIS ARTICLE TO REIMBURSE ELIGIBLE DISTRICT
DEBT.
SECTION 2504-B. ISSUANCE OF BONDS AND SECURITY.
(A) ISSUANCE.--BONDS ISSUED BY THE AUTHORITY UNDER THIS
ARTICLE SHALL BE SUBJECT TO THE PROVISIONS OF THE FINANCING LAW,
UNLESS OTHERWISE SPECIFIED BY THIS ARTICLE.
(B) REFINANCING.--THE AUTHORITY IS HEREBY AUTHORIZED TO
REFINANCE DISTRICT DEBT.
(C) AGREEMENTS.--THE AUTHORITY AND A SCHOOL DISTRICT MAY
ENTER INTO LOAN AGREEMENTS, LETTERS OF CREDIT, PLEDGE
AGREEMENTS, CREDIT AGREEMENTS, BOND PURCHASE AGREEMENTS AND
OTHER CONTRACTS, INSTRUMENTS AND AGREEMENTS THAT:
(1) ENHANCE THE MARKETABILITY, SECURITY OR
CREDITWORTHINESS OF THE BONDS; OR
(2) EFFECTUATE THE PURPOSES OF THE FINANCING LAW AND
THIS ARTICLE.
(D) SECURITY.--THE PRINCIPAL OF OR PREMIUM, IF ANY, OR
INTEREST ON ANY BONDS ISSUED BY THE AUTHORITY UNDER THIS ARTICLE
ARE SECURED SOLELY BY A SCHOOL DISTRICT'S PLEDGE AND ASSIGNMENT
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TO THE AUTHORITY OF THE SCHOOL DISTRICT'S STATE REIMBURSEMENT
ASSOCIATED WITH THE DISTRICT DEBT BEING REFINANCED WITH THE
PROCEEDS OF THE BONDS. THE SCHOOL DISTRICT'S PLEDGE OF SECURITY
AS DESCRIBED HEREIN MAY BE CONTAINED IN ONE OR MORE OF THE
AGREEMENTS AS DESCRIBED IN SECTION 2504-B(C). SUCH AGREEMENTS
SHALL COLLECTIVELY INCLUDE THE FOLLOWING PROVISIONS:
(1) A SCHOOL DISTRICT SHALL RELINQUISH ANY CLAIMS TO
FURTHER REIMBURSEMENT FOR APPROVED RENTAL OR SINKING FUND
CHARGES FOR DISTRICT DEBT REFINANCED UNDER SECTION 2503-B.
(2) THE COMMONWEALTH SHALL ACCEPT AND ACKNOWLEDGE EACH
SCHOOL DISTRICT'S PLEDGE OF ITS STATE REIMBURSEMENT FOR
APPROVED RENTAL OR SINKING FUND CHARGES. SUCH ACCEPTANCE AND
ACKNOWLEDGMENT BY THE COMMONWEALTH SHALL INCLUDE THE
FOLLOWING PROVISIONS:
(I) THE RIGHT OF THE SCHOOL DISTRICT AND ITS ASSIGNS
TO RECEIVE STATE REIMBURSEMENT FOR APPROVED RENTAL OR
SINKING FUND CHARGES IS SUBJECT TO ANNUAL APPROPRIATION
BY THE GENERAL ASSEMBLY.
(II) IF INSUFFICIENT FUNDS ARE APPROPRIATED IN A
FISCAL YEAR FOR THE PLEDGED PAYMENTS OF APPROVED RENTAL
OR SINKING FUND CHARGES DUE TO THE SCHOOL DISTRICT UNDER
ANY AGREEMENT DESCRIBED IN SUBSECTION (C), THE DEPARTMENT
SHALL IMMEDIATELY NOTIFY EACH PARTY TO SUCH AGREEMENT AND
THE AGREEMENT SHALL TERMINATE ON THE LAST DAY OF THE
FISCAL YEAR FOR WHICH SUCH APPROPRIATIONS WERE MADE.
(C) AGREEMENT NOT TO BE TERMINATED.--NOTWITHSTANDING THE
PROVISIONS OF THIS SUBSECTION, THE COMMONWEALTH AGREES THAT IT
MAY NOT TERMINATE THE AGREEMENT OF ANY SCHOOL DISTRICT UNDER THE
PROVISIONS OF THIS SECTION IF ANY FUNDS ARE APPROPRIATED IN A
FISCAL YEAR TO ANY RECIPIENT FOR APPROVED RENTAL OR SINKING FUND
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CHARGES.
SECTION 2505-B. (RESERVED).
SECTION 2506-B. USE OF BOND PROCEEDS.
(A) ORDER.--THE PROCEEDS OF THE BONDS ISSUED BY THE
AUTHORITY SHALL BE LOANED TO EACH PARTICIPATING SCHOOL DISTRICT,
AND SHALL BE USED AS FOLLOWS:
(1) THE SCHOOL DISTRICT MAY REIMBURSE ITS GENERAL FUND
FOR PAYMENTS MADE BY SUCH SCHOOL DISTRICT IN AMOUNTS EQUAL TO
ITS APPROVED RENTAL AND SINKING FUND CHARGES NOT PREVIOUSLY
REIMBURSED BY THE COMMONWEALTH.
(2) PROCEEDS OF THE BONDS IN SUCH AMOUNT TO SATISFY THE
PAYMENT OBLIGATIONS AS STATED IN SUBPARAGRAPH (I) AND (II)
SHALL BE IRREVOCABLY ESCROWED BY EACH SCHOOL DISTRICT FOR
DISBURSEMENT AS FOLLOWS:
(I) FOR DISTRICT DEBT WHERE THE CALL DATE HAS NOT
BEEN REACHED:
(A) FOR EACH PAYMENT OF PRINCIPAL OR INTEREST
PRIOR TO THE CALL DATE, FOR PAYMENT OF AN AMOUNT
EQUAL TO THAT INSTALLMENT OF PRINCIPAL OR INTEREST
MULTIPLIED BY THE SCHOOL DISTRICT'S REIMBURSEMENT
PERCENTAGE.
(B) AT THE CALL DATE, FOR THE REDEMPTION OR
PREPAYMENT OF A PRO RATA SHARE OF EACH REMAINING
PRINCIPAL PAYMENT EQUAL TO EACH REMAINING PRINCIPAL
PAYMENT MULTIPLIED BY THE SCHOOL DISTRICT'S
REIMBURSEMENT PERCENTAGE.
(II) FOR DISTRICT DEBT WHERE THE CALL DATE HAS BEEN
REACHED:
(A) AN AMOUNT EQUAL TO THE INTEREST ACCRUED TO
THE FIRST AVAILABLE REDEMPTION DATE FOLLOWING BOND
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ISSUANCE MULTIPLIED BY THE SCHOOL DISTRICT'S
REIMBURSEMENT PERCENTAGE.
(B) FOR THE REDEMPTION OR PREPAYMENT OF A PRO
RATA SHARE OF EACH REMAINING PRINCIPAL PAYMENT EQUAL
TO EACH REMAINING PRINCIPAL PAYMENT MULTIPLIED BY THE
DISTRICT'S REIMBURSEMENT PERCENTAGE.
(3) THE PROCEEDS OF THE BONDS MAY BE USED TOWARD SUCH
OTHER PURPOSES AS AUTHORIZED BY THIS ARTICLE AND THE
FINANCING LAW.
SECTION 2507-B. COMMONWEALTH NOT TO IMPAIR BOND OBLIGATIONS.
THE COMMONWEALTH PLEDGES THAT IT SHALL NOT DO ANY OF THE
FOLLOWING:
(1) LIMIT OR ALTER THE RIGHTS AND RESPONSIBILITIES OF
THE AUTHORITY OR A SCHOOL DISTRICT UNDER THIS ARTICLE,
INCLUDING THE RESPONSIBILITY TO:
(I) PAY BOND OBLIGATIONS.
(II) COMPLY WITH ANY OTHER INSTRUMENT OR AGREEMENT
PERTAINING TO THE BONDS.
(2) ALTER OR LIMIT THE SECURITY INTEREST GRANTED IN
SECTION 2504-B(D).
(3) IMPAIR THE RIGHTS AND REMEDIES OF THE HOLDERS OF
BONDS, UNTIL ALL BONDS AT ANY TIME ISSUED, TOGETHER WITH THE
INTEREST THEREON, ARE FULLY MET AND DISCHARGED.
SECTION 2508-B. NO PERSONAL LIABILITY.
THE MEMBERS, DIRECTORS, OFFICERS AND EMPLOYEES OF A SCHOOL
DISTRICT, THE DEPARTMENT AND THE AUTHORITY SHALL NOT BE
PERSONALLY LIABLE AS A RESULT OF GOOD FAITH EXERCISE OF THE
RIGHTS AND RESPONSIBILITIES GRANTED UNDER THIS ARTICLE.
SECTION 2509-B. PROFESSIONAL SERVICES.
FOR THE PURPOSES OF MAKING OR APPROVING CONTRACTS OF EVERY
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NAME AND NATURE AND EXECUTING ALL NECESSARY INSTRUMENTS,
INCLUDING CONTRACTS FOR LEGAL AND PROFESSIONAL SERVICES, UNDER
THIS ARTICLE, THE AUTHORITY SHALL BE AN INDEPENDENT AGENCY AS
DEFINED IN SECTION 101 OF THE ACT OF OCTOBER 15, 1980 (P.N.950,
NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT. ALL
PROFESSIONAL SERVICES NECESSARY TO IMPLEMENT THIS ARTICLE SHALL
BE SELECTED OR APPROVED BY A MAJORITY VOTE OF THE MEMBERS OF THE
GOVERNING BODY OF THE AUTHORITY.
SECTION 2510-B. EXPIRATION.
THE AUTHORITY TO ISSUE BONDS UNDER THIS ARTICLE SHALL EXPIRE
JUNE 30, 2016.
SECTION 19. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY FOR THE ADDITION OF ARTICLE XIX-G
OF THE ACT.
(2) ARTICLE XVII-E.1 OF THE ACT OF APRIL 9, 1929
(P.L.343, NO. 176), KNOWN AS THE FISCAL CODE, IS REPEALED.
SECTION 20. THE ADDITION OF ARTICLE XIX-G OF THE ACT IS A
CONTINUATION OF FORMER ARTICLE XVII-E.1 OF THE ACT OF APRIL 9,
1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE. THE FOLLOWING
APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN ARTICLE XIX-G OF THE
ACT, ALL ACTIVITIES INITIATED UNDER FORMER ARTICLE XVII-E.1
OF THE FISCAL CODE SHALL CONTINUE AND REMAIN IN FULL FORCE
AND EFFECT AND MAY BE COMPLETED UNDER ARTICLE XIX-G OF THE
ACT. ORDERS, REGULATIONS, RULES AND DECISIONS WHICH WERE MADE
UNDER FORMER ARTICLE XVII-E.1 OF THE FISCAL CODE AND WHICH
ARE IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION SHALL
REMAIN IN FULL FORCE AND EFFECT UNTIL REVOKED, VACATED OR
MODIFIED UNDER ARTICLE XIX-G OF THE ACT. CONTRACTS,
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OBLIGATIONS AND COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO
UNDER FORMER ARTICLE XVII-E.1 OF THE FISCAL CODE ARE NOT
AFFECTED NOR IMPAIRED BY THE REPEAL OF FORMER ARTICLE XVII-
E.1 OF THE FISCAL CODE.
(2) EXCEPT AS SET FORTH IN PARAGRAPH (3), ANY DIFFERENCE
IN LANGUAGE BETWEEN ARTICLE XIX-G OF THE ACT AND FORMER
ARTICLE XVII-E.1 OF THE FISCAL CODE IS INTENDED ONLY TO
CONFORM TO THE STYLE OF THE PUBLIC SCHOOL CODE OF 1949 AND IS
NOT INTENDED TO CHANGE OR AFFECT THE LEGISLATIVE INTENT,
JUDICIAL CONSTRUCTION OR ADMINISTRATION AND IMPLEMENTATION OF
FORMER ARTICLE XVII-E.1 OF THE FISCAL CODE.
(3) PARAGRAPH (2) DOES NOT APPLY TO THE ADDITION OF THE
FOLLOWING PROVISIONS:
(I) SECTIONS 1901.1-G AND 1901.2-G OF THE ACT.
(II) THE REFERENCE TO JUNE 30, 2016, IN SECTION
1906-G(A) OF THE ACT.
(4) ANY REFERENCE IN ANY ACT TO FORMER ARTICLE XVII-E.1
OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE
FISCAL CODE, SHALL BE CONSIDERED TO BE A REFERENCE TO ARTICLE
XIX-G OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS
THE PUBLIC SCHOOL CODE OF 1949.
SECTION 21. THIS ACT SHALL TAKE EFFECT JULY 1, 2015, OR
IMMEDIATELY, WHICHEVER IS LATER.
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