PRIOR PRINTER'S NOS. 514, 1367, 1415, PRINTER'S NO. 1913
1817, 1910
No. 494 Session of 1997
INTRODUCED BY RHOADES, GERLACH, STAPLETON, PICCOLA, THOMPSON,
HELFRICK, STOUT, MOWERY, KITCHEN, SALVATORE, DELP,
AFFLERBACH, EARLL, HART AND MURPHY, FEBRUARY 12, 1997
SENATE AMENDMENTS TO HOUSE AMENDMENTS, APRIL 21, 1998
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An <--
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for construction,
6 remodeling or alteration of school buildings; authorizing
7 school districts to impose dress codes and to require
8 students to wear standard dress or uniforms; providing for a
9 program of residential education for at-risk secondary
10 students; establishing the Pennsylvania Residential Education
11 Board and the Residential Education Support Fund; and making
12 appropriations.
13 AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN <--
14 ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
15 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
16 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
17 LAWS RELATING THERETO," FURTHER PROVIDING FOR AUXILIARY
18 SERVICES AND FOR THE DEFINITIONS OF "SCHOOL YEAR" AND
19 "CHILDREN IN LOW-INCOME FAMILIES"; AUTHORIZING SCHOOL
20 DISTRICTS TO IMPOSE DRESS CODES AND REQUIRE STUDENTS TO WEAR
21 STANDARD DRESS OR UNIFORMS; FURTHER PROVIDING FOR DISTRESSED
22 SCHOOL DISTRICTS AND FOR BASIC EDUCATION GRANTS AND HIGHER
23 EDUCATION GRANTS FOR THE LINK-TO-LEARN PROGRAM; PROVIDING FOR
24 CERTAIN PROCEDURES RELATING TO MANAGEMENT OF DISTRESSED FIRST
25 CLASS SCHOOL DISTRICTS AND FOR TECHNOLOGY GRANTS TO NONPUBLIC
26 AND PRIVATE SCHOOLS; FURTHER PROVIDING FOR COMMUNITY COLLEGE
27 REIMBURSEMENTS, SMALL SCHOOL DISTRICT ASSISTANCE, BASIC
28 EDUCATION FUNDING PAYMENTS TO INTERMEDIATE UNITS, SPECIAL
29 EDUCATION PAYMENTS TO SCHOOL DISTRICTS, SCHOOL PERFORMANCE
30 INCENTIVES AND CHARTER SCHOOL GRANTS; PROVIDING FOR COMMUNITY
31 EDUCATION COUNCILS, FOR THE OPERATION OF THE STATE SYSTEM OF
32 HIGHER EDUCATION, FOR PAYMENTS ON ACCOUNT OF TRANSPORTATION
1 OF NONPUBLIC SCHOOL PUPILS, FOR TEMPORARY SPECIAL AID TO
2 SCHOOL DISTRICTS SUFFERING LOSS OF TAX REVENUE DUE TO
3 REDUCTION IN ASSESSED VALUATION OF TAXABLE PROPERTY AND FOR
4 INCENTIVES FOR ADMINISTRATIVE AND INSTRUCTIONAL
5 CONSOLIDATION; AND MAKING REPEALS.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
9 as the Public School Code of 1949, is amended by adding sections
10 to read:
11 Section 733.1. Construction, Remodeling or Alteration of
12 School Buildings.--The State Board of Education shall promulgate
13 regulations to assure that, to the maximum feasible extent, the
14 construction, remodeling or alteration of public school
15 buildings is conducted in a manner which protects the students,
16 staff and public from the unreasonable risk of accidents and
17 prevents the unreasonable risk of their exposure to dangerous
18 levels of toxic and noxious dust, fumes, vapors, gases, fibers,
19 fogs, mist, and other atmospheric impurities. In promulgating
20 the regulations, the State Board of Education shall consult with
21 the Department of Environmental Protection and the Department of
22 Labor and Industry and shall hold at least one public hearing.
23 Section 1317.3. Uniforms.--(a) School officials in any
24 school entity may impose limitations on dress and may require
25 pupils to wear standard dress or uniforms. Such policies may be
26 districtwide or may be on a school building basis.
27 (b) The Commonwealth shall reimburse those districts or the
28 governing board of any public school entity located within this
29 Commonwealth which have provided free or otherwise subsidized
30 the cost of uniforms for those students who are eligible for
31 either Temporary Assistance to Needy Families (TANF) or the free
32 and reduced price lunch program. Reimbursement limitations and
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1 reimbursement application procedures shall be established by the
2 Secretary of Education.
3 (c) Payments to school districts shall be calculated by
4 multiplying the district aid ratio by the amount of
5 reimbursement sought by the district. Payments to the governing
6 board of any public school entity located within this
7 Commonwealth shall be calculated by multiplying the aid ratio of
8 the district in which the school is physically located by the
9 amount of reimbursement sought by the school.
10 (d) The provisions of this section shall not apply to home
11 education programs established under section 1327.1 of this act.
12 (e) In no case shall the reimbursement to the school
13 district or governing body of any school exceed eighty dollars
14 ($80) per student.
15 (f) A school district or governing body applying for
16 reimbursement under this section shall be eligible for
17 reimbursement for only the first year that uniforms are required
18 in any school or school building within a school district,
19 including the first year any additional building within a school
20 district adopts a required uniform policy. In no case may a
21 school district or governing body receive reimbursement for a
22 school or school building after the first year following the
23 adoption of the uniform policy in that school or school
24 building.
25 Section 2. The act is amended by adding an article to read:
26 ARTICLE XVI-A.
27 RESIDENTIAL EDUCATION.
28 Section 1601-A. Short Title.--This article shall be known
29 and may be cited as the Residential Education Act.
30 Section 1602-A. Definitions.--As used in this article:
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1 "AFDC" shall mean the Aid to Families with Dependent Children
2 provisions of Title IV of the Social Security Act (40 Stat. 620,
3 42 U.S.C. § 601 et seq.).
4 "Board" shall mean the Pennsylvania Residential Education
5 Board established by this article.
6 "Department" shall mean the Department of Education of the
7 Commonwealth.
8 "Disruptive student" shall mean a student who poses a clear
9 threat to the safety and welfare of other students or the school
10 staff, who creates an unsafe school environment or whose
11 behavior materially interferes with the learning of other
12 students or disrupts the overall education process. The
13 disruptive student exhibits to a marked degree any or all of the
14 following conditions:
15 (1) Disregard of school authority, including persistent
16 violation of school policy and rules.
17 (2) Display of or use of controlled substances on school
18 property or during school-affiliated activities.
19 (3) Violent or threatening behavior.
20 (4) Possession of a weapon on school property, as defined
21 under 18 Pa.C.S. § 912 (relating to possession of a weapon on
22 school property.
23 (5) Commission of a criminal act on school property.
24 (6) Misconduct that would merit suspension or expulsion
25 under school policy.
26 (7) Habitual truancy.
27 No student who is eligible for special education services
28 pursuant to the Individuals with Disabilities Education Act
29 (Public Law 91-230, 20 U.S.C. § 1400 et seq.) shall be deemed a
30 disruptive student for the purposes of this article, except as
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1 provided for by the Department of Education by applicable
2 regulations.
3 "Eligible student" shall mean a student accepted into the
4 program established by this article pursuant to section 1606-A.
5 "Fund" shall mean the Residential Education Support Fund
6 established by section 1629.
7 "High school tuition charge" shall mean the amount computed
8 under section 2561(3), applicable to pupils attending junior and
9 senior high school.
10 "Independent agency" shall mean as defined in 42 Pa.C.S. §
11 102 (relating to definitions).
12 "Parent" shall include a guardian or person in loco parentis.
13 "Residential school" shall mean a school that offers a
14 program of secondary education to students who reside on school
15 property. The term does not include a home education program
16 provided pursuant to section 1327.1.
17 "School" shall mean any public or nonpublic secondary school
18 located within this Commonwealth where a Commonwealth resident
19 may legally fulfill the compulsory school attendance
20 requirements and which meets the applicable requirements of
21 Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 78
22 Stat. 241).
23 "Secretary" shall mean the Secretary of Education of the
24 Commonwealth.
25 Section 1603-A. Legislative Findings and Purpose.--(a) The
26 General Assembly finds as follows:
27 (1) A substantial proportion of the children of this
28 Commonwealth in low-income families are growing up under the
29 threat of having their futures blighted by the scourges of drugs
30 and violent crime, particularly in our urban school districts.
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1 (2) At-risk children may stand a better chance of becoming
2 productive and well-adjusted citizens if they have the
3 opportunity to be educated at an alternative facility that
4 offers a residential program, since such a program will provide
5 a secure and nurturing environment that promotes learning.
6 (3) A residential school program can succeed only with the
7 cooperation and support of the child's parents.
8 (4) Public funding may encourage private providers to create
9 new residential education or open up existing residential
10 education to at-risk children.
11 (b) The purpose of this article is to facilitate the
12 establishment of residential secondary schools in which at-risk
13 children may obtain their education in a safe, healthy and
14 nurturing environment.
15 Section 1604-A. Pennsylvania Residential Education Board.--
16 (a) There is hereby created an independent agency which shall
17 be known as the Pennsylvania Residential Education Board.
18 (b) The purpose of this board shall be to provide for the
19 education of the eligible students.
20 (c) The board shall be governed and its corporate powers
21 shall be exercised by a board of directors, which shall consist
22 of fifteen members, including the Secretary of Education and the
23 Secretary of Public Welfare, five members appointed by the
24 Governor, two members appointed by the President pro tempore of
25 the Senate, two members appointed by the Minority Leader of the
26 Senate, two members appointed by the Speaker of the House of
27 Representatives and two members appointed by the Minority Leader
28 of the House of Representatives. The term of office for each
29 member other than the Secretary of Education and the Secretary
30 of Public Welfare shall be four years from his or her
19970S0494B1913 - 6 -
1 appointment or until a successor has been duly appointed and
2 qualified, but no longer than six (6) months beyond the four-
3 year period. Three of the members appointed by the Governor and
4 one of the members appointed by each of the officers of the
5 General Assembly shall serve initial terms of two years. No
6 member may serve more than two consecutive terms, except that
7 members appointed for an initial term of two years may serve two
8 consecutive four-year terms immediately after the initial term.
9 The board shall elect from its own members each year a chair and
10 vice chair who shall serve for terms of one year and who shall
11 be eligible for reelection for successive terms. Vacancies shall
12 be filled for the unexpired terms in the same manner as the
13 original appointments.
14 (d) Directors shall receive no compensation for their
15 services, but shall be reimbursed for their expenses actually
16 and reasonably incurred by them in the performance of their
17 duties.
18 (e) The board of directors shall provide for general and
19 special meetings. Seven directors attending shall constitute a
20 quorum for the transaction of any business and, unless a greater
21 number is required by the bylaws of the board, the act of a
22 majority of the members present at any meeting shall be deemed
23 the act of the board. The board shall adopt bylaws for the board
24 and may appoint such officers and employees as it deems
25 advisable and may fix their compensation and prescribe their
26 duties.
27 (f) Administrative support for the board shall be provided
28 by the department. The department shall periodically consult
29 with the board regarding the administrative needs of the board.
30 (g) An appointed member who fails to attend three
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1 consecutive board meetings shall forfeit membership on the board
2 unless the chair, upon written request of the member, determines
3 that the member shall be excused from a meeting or meetings for
4 reasonable cause.
5 Section 1605-A. Powers and Duties.--The Pennsylvania
6 Residential Education Board shall have the following powers and
7 duties, in addition to any others provided by this article:
8 (1) To select, fund and supervise providers of residential
9 education programs in accordance with the provisions of this
10 article.
11 (2) To enter into contracts with the providers in accordance
12 with section 1608-A with respect to residential education
13 programs.
14 (3) To select the students eligible to participate in the
15 residential education program pursuant to section 1606-A.
16 (4) To place eligible students in residential schools that
17 agree to accept them.
18 (5) To provide technical and financial assistance to public
19 and nonpublic schools that wish to establish residential schools
20 for at-risk children.
21 (6) To solicit and accept gifts, grants, loans and other aid
22 from any person or from Federal, State or local government.
23 (7) To promulgate rules and regulations and adopt
24 administrative guidelines relating to its activities, including
25 rules regarding the selection of providers and of eligible
26 students and verification of performance by providers.
27 (8) To develop a research design that will enable the public
28 to evaluate the results of residential education of at-risk
29 children and to collect data from residential schools in
30 accordance with that design. The research design must provide
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1 for the collection of data concerning the socioeconomic
2 characteristics of the students, the instruction given and
3 follow-up study of graduates of the program, including their
4 educational attainment, employment history, income, marital
5 status and criminal record.
6 (9) To perform such other acts as may be necessary or
7 appropriate to carry out effectively the objectives and purposes
8 of the board as specified in this article.
9 Section 1606-A. Eligible Students.--(a) A student is
10 eligible to participate in the residential education program if
11 all of the following criteria are met:
12 (1) The student must have been a resident of this
13 Commonwealth for at least two (2) years before application.
14 (2) The family of the student must be eligible to receive
15 assistance under either AFDC or the Food Stamp Act of 1977
16 (Public Law 88-525, 7 U.S.C. § 2011 et seq.), or both, or the
17 annual family income must meet Federal poverty income
18 guidelines.
19 (3) The student must reside in one of the 167 school
20 districts identified by the department as having the highest
21 percentage of children of families eligible to receive
22 assistance under AFDC when measured as a percentage of the
23 district's average daily membership.
24 (4) The student must reside in a municipal corporation that
25 has a rate of violent crime more than twice the Statewide
26 average rate as reported to the department under section 1611-
27 A(b).
28 (5) The student must be of an age such that he or she would
29 be eligible to enter grade seven, eight, nine or ten in the
30 school district of residence, but in no event older than
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1 seventeen years of age.
2 (6) An application must be submitted to the board under
3 subsection (b).
4 (7) The student must be accepted into the program under
5 subsection (c).
6 (b) The parents of the student must submit an application to
7 the board on a form prescribed by the board by the deadline set
8 by the board. The application must include all of the following:
9 (1) Information showing that the student is eligible under
10 subsection (a)(1), (2), (3), (4) and (5).
11 (2) The school grade that the student intends to enter.
12 (3) A release allowing the board to verify the information
13 provided on the application.
14 (4) Such other information as the board may require by
15 regulation.
16 (c) The board shall approve applications in a number that is
17 within the number of placements in residential schools under
18 contract with or otherwise available to the board. No more than
19 three per centum of the average daily membership in grades seven
20 through ten of a school district may be selected from the
21 applicants residing in that district, unless the number of
22 eligible students would otherwise be fewer than the number of
23 available placements. If the applications from a school district
24 exceed the limitations of this subsection, the board shall
25 select the eligible students from among the applicants by random
26 selection. However, if the applications from all the school
27 districts exceed the number of available placements, the board
28 shall approve applicants by random selection from each school
29 district in the proportion that the number of placements bears
30 to the total applications. The board shall determine the
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1 assignment of the students to the residential schools and shall
2 so notify the parents of the student.
3 (d) A student shall no longer be eligible for the program
4 established by this article if the student has:
5 (1) voluntarily withdrawn from the residential school
6 program; or
7 (2) violated behavioral standards as promulgated by the
8 board.
9 An eligible student may not be dismissed from the program on the
10 grounds that the student's municipal corporation or school
11 district of residence does not qualify under subsection (a)(3)
12 or (4).
13 Section 1607-A. Residential Education Programs.--(a) The
14 board shall award contracts pursuant to this article to
15 providers who demonstrate the ability to operate and administer
16 a residential school program that provides a suitable secondary
17 education program for eligible students.
18 (b) The proposal submitted by the prospective provider must
19 include the following:
20 (1) The title or name and the address or location of the
21 school or classes together with the name of the owners and
22 controlling officers.
23 (2) The general and specific fields of instruction that will
24 be offered and the purposes of such instruction.
25 (3) The place or places where instruction will be given.
26 (4) The place or places where the students will reside.
27 (5) A specific listing of the equipment and staff available
28 for instruction and residential supervision.
29 (6) The maximum enrollment that can be accommodated by the
30 educational and residential facilities available.
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1 (7) The qualifications of instructors, administrators and
2 supervisors.
3 (8) Financial resources available to equip and maintain the
4 school and the residence.
5 (9) An agreement to abide by reasonable service and business
6 ethics prescribed by the board.
7 (10) A research and performance verification plan consistent
8 with the research design prescribed under section 1625-A(8).
9 (11) Any additional information the board may deem necessary
10 to enable it to determine the adequacy of the program of
11 instruction, the business integrity, the social support services
12 and related matters.
13 (c) The board may exempt residential schools under contract
14 with the board from the provisions of this act except for those
15 applicable to nonpublic nonlicensed schools. This subsection
16 shall not exempt residential schools from requirements otherwise
17 applicable under the act of December 15, 1986 (P.L.1585,
18 No.174), known as the "Private Licensed Schools Act," or the act
19 of January 28, 1988 (P.L.24, No.11), known as the "Private
20 Academic Schools Act."
21 (d) No contract may be awarded to a nonpublic school unless
22 the proposal includes adequate assurances that the residential
23 school will not be pervasively sectarian and that its secular
24 character can be maintained without excessive entanglement
25 between the provider and the Commonwealth.
26 Section 1608-A. Award of Contracts.--(a) Contracts for the
27 operation, administration and funding of residential schools
28 shall be awarded through a process of competitive sealed
29 proposals, which the board shall solicit through a request for
30 proposals. The contract relating to each residential school
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1 shall be let pursuant to a separate request for proposals.
2 (b) Adequate public notice of the request for proposals
3 shall be given a reasonable time prior to the date set for the
4 opening of proposals. Notice in the Pennsylvania Bulletin is
5 sufficient for all purposes under this section.
6 (c) Discussions and negotiations may be conducted with
7 responsible offerors who submit proposals determined to be
8 reasonably susceptible of being selected for award. Offerors
9 shall be accorded fair and equal treatment with respect to any
10 opportunity for discussion, negotiation and revision of
11 proposals. Revision may be permitted after submissions and prior
12 to award for the purpose of obtaining best and final offers.
13 Discussions shall not disclose any information derived from
14 proposals submitted by other offerors.
15 (d) Award shall be made to the offeror whose proposal is
16 determined in writing by the board to be the most advantageous
17 to the Commonwealth based on the criteria determined by the
18 board.
19 Section 1609-A. Residential Education Support Fund.--(a)
20 There is hereby created a special nonlapsing fund in the State
21 Treasury to be known as the Residential Education Support Fund.
22 Moneys received by the board shall be paid into the State
23 Treasury and shall be credited to the fund and are hereby
24 appropriated to the board on a continuing basis to assist in
25 funding activities necessary to meet the requirements of this
26 article. The fund shall consist of the following:
27 (1) Any moneys appropriated to the fund by general
28 appropriations.
29 (2) Contributions to the fund.
30 (3) The tuition charges required by section 1610-A.
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1 (b) (1) Any business firm which contributes to the fund may
2 receive a tax credit against any tax due under Article IV, VI,
3 VII, VII-A, VIII, VIII-A, IX, X or XV of the act of March 4,
4 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," or
5 any tax substituted in lieu thereof. The credit shall not exceed
6 two hundred fifty thousand dollars ($250,000) annually. Any tax
7 credit not used in the calendar or fiscal year the donation is
8 made may be carried over for the next five succeeding calendar
9 or fiscal years until the full credit has been allowed.
10 (2) The total amount of all tax credits allowed pursuant to
11 this section shall not exceed ten million dollars ($10,000,000)
12 in any one fiscal year of the Commonwealth, unless a greater
13 amount is provided for in the general appropriation act. If the
14 total amount of tax credits claimed under this section exceeds
15 the amount permitted under this paragraph, the tax credit
16 allowed each business firm shall be ratably reduced under
17 regulations promulgated by the Department of Revenue.
18 (c) Any charitable donations made by persons to the board
19 shall also be deposited in the fund.
20 (d) For the purposes of this section, the term "business
21 firm" means any business entity authorized to do business in
22 this Commonwealth and subject to taxes imposed by Article IV,
23 VI, VII, VII-A, VIII, VIII-A, IX, X or XV of the "Tax Reform
24 Code of 1971."
25 Section 1610-A. Tuition Charges.--For each eligible student
26 who attends a residential school that is not administered and
27 operated by the school district of residence, the department
28 shall pay to the fund the high school tuition charge
29 attributable to the district and shall continue to pay the fund
30 so long as the eligible student attends a residential school.
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1 Payments shall be deducted from the reimbursements otherwise due
2 the school district of residence under Article XXV. For purposes
3 of this section, the term "school district of residence" means
4 the school district in which the eligible student resided
5 immediately before his or her attendance in a residential
6 school.
7 Section 1611-A. Reports.--(a) No later than January 31 of
8 each year, the board shall submit a report to the Governor, the
9 Appropriations Committee and the Education Committee of the
10 Senate and the Appropriations Committee and the Education
11 Committee of the House of Representatives, which shall include
12 the following:
13 (1) The names of the providers, the names and addresses of
14 the residential schools operated pursuant to this article and
15 the number of eligible students enrolled in each school,
16 analyzed by grade level and gender.
17 (2) The socioeconomic characteristics of the eligible
18 students, with a separate analysis of those most recently
19 enrolled.
20 (3) The number of students who have withdrawn from the
21 residential schools and the number who have graduated from the
22 program.
23 (4) The amount of financial support provided under this
24 article to the residential schools, broken down by contract
25 payments, amounts paid from the fund and amounts paid from
26 Commonwealth appropriations.
27 (5) Evaluation of the program and suggestions for
28 improvement, including suggestions for legislative action.
29 In no case shall the names of eligible students or their parents
30 be furnished as part of this report.
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1 (b) The Pennsylvania State Police shall annually submit to
2 the board a list of all municipal corporations that have a rate
3 of violent crime equal to or greater than twice the Statewide
4 average rate of violent crime.
5 Section 3. The respective appointing authorities shall
6 appoint the members of the Pennsylvania Residential Education
7 Board within 120 days of the effective date of this act.
8 Section 4. (a) The sum of $3,000,000 is hereby appropriated
9 to the Department of Education for the fiscal year July 1, 1998,
10 to June 30, 1999, for the purposes of implementing section
11 1317.3 of the act.
12 (b) The sum of $3,000,000, or as much thereof as may be
13 necessary, is hereby appropriated for the fiscal year July 1,
14 1998, to June 30, 1999, to the Pennsylvania Residential
15 Education Board to administer the provisions of Article XVI-A of
16 the act.
17 (c) The sum of $20,000,000, or as much thereof as may be
18 necessary, is hereby appropriated to the Department of Education
19 for the fiscal year July 1, 1998, to June 30, 1999, for grants
20 to school districts for the purchase of textbooks. Payments to
21 school districts shall be equal to an amount derived by
22 multiplying the average daily membership of a school district by
23 $21 times the market value personal income aid ratio of the
24 school district. The Department of Education shall require that
25 school districts provide an equitable share of the grant to the
26 area vocational-technical schools which their students attend.
27 Section 5. This act shall take effect in 60 days.
28 SECTION 1. SECTIONS 102(4) AND 507 OF THE ACT OF MARCH 10, <--
29 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
30 ARE AMENDED TO READ:
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1 SECTION 102. DEFINITIONS.--WHEN USED IN THIS ACT THE
2 FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
3 * * *
4 (4) "SCHOOL YEAR" SHALL MEAN THE PERIOD OF TIME ELAPSING IN
5 SCHOOL DISTRICTS OF THE FIRST CLASS BETWEEN THE FIRST DAY OF
6 JANUARY AND THE THIRTY-FIRST DAY OF DECEMBER OF ANY YEAR, AND IN
7 SCHOOL DISTRICTS OF ALL OTHER CLASSES BETWEEN THE FIRST DAY OF
8 JULY OF ONE YEAR AND THE THIRTIETH DAY OF JUNE OF THE FOLLOWING
9 YEAR. SCHOOL DISTRICTS WITH A YEAR-ROUND EDUCATION PROGRAM MAY
10 SUBMIT A REQUEST TO THE SECRETARY OF EDUCATION FOR APPROVAL OR
11 DISAPPROVAL TO EXTEND THE SCHOOL YEAR UNTIL AUGUST 15 FOR THE
12 PURPOSE OF DETERMINING AVERAGE DAILY MEMBERSHIPS FOR STUDENTS
13 WHOSE ONE HUNDRED EIGHTY (180) DAYS OF INSTRUCTION CONTINUE INTO
14 THE SUMMER MONTHS.
15 * * *
16 SECTION 507. GENERAL POWERS; TAXATION.--IN ORDER TO
17 ESTABLISH, ENLARGE, EQUIP, FURNISH, OPERATE, AND MAINTAIN ANY
18 SCHOOLS OR DEPARTMENTS HEREIN PROVIDED, OR TO PAY ANY SCHOOL
19 INDEBTEDNESS WHICH ANY SCHOOL DISTRICT IS REQUIRED TO PAY, OR TO
20 PAY ANY INDEBTEDNESS THAT MAY AT ANY TIME HEREAFTER BE CREATED
21 BY ANY SCHOOL DISTRICT, OR TO ENABLE IT TO CARRY OUT ANY
22 PROVISIONS OF THIS ACT, THE BOARD OF SCHOOL DIRECTORS IN EACH
23 SCHOOL DISTRICT IS HEREBY VESTED WITH ALL THE NECESSARY
24 AUTHORITY AND POWER ANNUALLY TO LEVY AND COLLECT, IN THE MANNER
25 HEREIN PROVIDED, THE NECESSARY TAXES REQUIRED, IN ADDITION TO
26 THE ANNUAL STATE APPROPRIATION, AND SHALL HAVE, AND BE VESTED
27 WITH, ALL NECESSARY POWER AND AUTHORITY TO COMPLY WITH AND CARRY
28 OUT ANY OR ALL OF THE PROVISIONS OF THIS ACT. IN THE CASE OF A
29 SCHOOL DISTRICT OF THE FIRST CLASS, THE DUTIES IMPOSED BY THIS
30 SECTION SHALL APPLY TO A CITY OF THE FIRST CLASS THAT IS
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1 COTERMINOUS WITH A SCHOOL DISTRICT OF THE FIRST CLASS.
2 SECTION 2. SECTION 691 OF THE ACT, AMENDED OR ADDED DECEMBER
3 15, 1959 (P.L.1842, NO.675) AND JULY 31, 1963 (P.L.407, NO.215),
4 IS AMENDED TO READ:
5 SECTION 691. WHEN DISTRICT DISTRESSED.--(A) A SCHOOL
6 DISTRICT SHALL BE DEEMED TO BE DISTRESSED WHEN ANY ONE OF THE
7 FOLLOWING CIRCUMSTANCES SHALL ARISE AND THE [SUPERINTENDENT OF
8 PUBLIC INSTRUCTION] SECRETARY OF EDUCATION, AFTER PROPER
9 INVESTIGATION OF THE DISTRICT'S FINANCIAL CONDITION, THE
10 ADMINISTRATIVE PRACTICES OF THE BOARD AND SUCH OTHER MATTERS [AS
11 TO HIM MAY SEEM PERTINENT] DEEMED APPROPRIATE BY THE SECRETARY
12 OF EDUCATION, HAS ISSUED A CERTIFICATE DECLARING SUCH DISTRICT
13 IN FINANCIAL DISTRESS:
14 (1) THE SALARIES OF ANY TEACHERS OR OTHER EMPLOYES HAVE
15 REMAINED UNPAID FOR A PERIOD OF NINETY (90) DAYS.
16 (2) THE TUITION DUE ANOTHER SCHOOL DISTRICT REMAINS UNPAID
17 ON AND AFTER JANUARY FIRST OF THE YEAR FOLLOWING THE SCHOOL YEAR
18 IT WAS DUE AND THERE IS NO DISPUTE REGARDING THE VALIDITY OR
19 AMOUNT OF THE CLAIM.
20 (3) ANY AMOUNT DUE ANY JOINT BOARD OF SCHOOL DIRECTORS UNDER
21 A JOINT BOARD AGREEMENT REMAINS UNPAID FOR A PERIOD OF NINETY
22 (90) CALENDAR DAYS BEYOND THE DUE DATE SPECIFIED IN THE JOINT
23 BOARD'S ARTICLES OF AGREEMENT.
24 (4) THE SCHOOL DISTRICT HAS DEFAULTED IN PAYMENT OF ITS
25 BONDS OR INTEREST ON SUCH BONDS OR IN PAYMENT OF RENTALS DUE ANY
26 AUTHORITY FOR A PERIOD OF NINETY (90) CALENDAR DAYS AND NO
27 ACTION HAS BEEN INITIATED WITHIN THAT PERIOD OF TIME TO MAKE
28 PAYMENT.
29 (5) THE SCHOOL DISTRICT HAS CONTRACTED ANY LOAN NOT
30 AUTHORIZED BY LAW.
19970S0494B1913 - 18 -
1 (6) THE SCHOOL DISTRICT HAS ACCUMULATED AND HAS OPERATED
2 WITH A DEFICIT EQUAL TO TWO PER CENTUM (2%) OR MORE OF THE
3 ASSESSED VALUATION OF THE TAXABLE REAL ESTATE WITHIN THE
4 DISTRICT FOR TWO SUCCESSIVE YEARS.
5 (7) A NEW, MERGED OR UNION SCHOOL DISTRICT HAS BEEN FORMED
6 AND ONE OR MORE OF THE FORMER SCHOOL DISTRICTS WHICH COMPOSE THE
7 MERGED OR UNION SCHOOL DISTRICT WAS A DISTRESSED SCHOOL DISTRICT
8 AT THE TIME OF THE FORMATION OF THE MERGED OR UNION SCHOOL
9 DISTRICT.
10 (B) NO SCHOOL DISTRICT SHALL BE DEEMED TO BE DISTRESSED BY
11 REASON OF ANY OF THE ABOVE CIRCUMSTANCES ARISING AS A RESULT OF
12 THE FAILURE OF THE COMMONWEALTH TO MAKE ANY PAYMENT OF MONEY DUE
13 THE DISTRICT AT THE TIME SUCH PAYMENT IS DUE.
14 (C) IN ADDITION TO THE CIRCUMSTANCES TO DETERMINE FINANCIAL
15 DISTRESS UNDER SUBSECTION (A), THE SECRETARY OF EDUCATION MAY
16 DECLARE A SCHOOL DISTRICT OF THE FIRST CLASS TO BE DISTRESSED IF
17 THE SECRETARY OF EDUCATION DETERMINES THAT:
18 (1) THE SCHOOL DISTRICT OF THE FIRST CLASS FAILED TO ADOPT
19 OR TO COMPLY WITH A VALID BUDGET TO OPERATE THE SCHOOL DISTRICT
20 FOR A MINIMUM INSTRUCTIONAL SCHOOL YEAR UNDER SECTION 1501;
21 (2) THE SCHOOL DISTRICT OF THE FIRST CLASS FAILED TO
22 ALLOCATE OR TRANSFER REVENUES TO ENSURE THAT FUNDS ARE
23 SUFFICIENT TO PROVIDE A MINIMUM INSTRUCTIONAL SCHOOL YEAR UNDER
24 SECTION 1501;
25 (3) THE CITY OF THE FIRST CLASS FAILED TO TRANSFER REVENUES
26 TO THE SCHOOL DISTRICT CONSISTENT WITH THE CURRENT BUDGET; OR
27 (4) THE SCHOOL DISTRICT OF THE FIRST CLASS HAS FAILED OR
28 WILL FAIL TO PROVIDE FOR AN EDUCATIONAL PROGRAM IN COMPLIANCE
29 WITH THE PROVISIONS OF THIS ACT, REGULATIONS OF THE STATE BOARD
30 OF EDUCATION OR STANDARDS OF THE SECRETARY OF EDUCATION.
19970S0494B1913 - 19 -
1 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
2 SECTION 696. DISTRESS IN SCHOOL DISTRICTS OF THE FIRST
3 CLASS.--(A) THE SECRETARY OF EDUCATION SHALL APPOINT A CHIEF
4 EXECUTIVE OFFICER WITHIN FIFTEEN (15) DAYS AFTER A DECLARATION
5 BY THE SECRETARY OF EDUCATION THAT A SCHOOL DISTRICT OF THE
6 FIRST CLASS IS DISTRESSED UNDER SECTION 691(C) TO OVERSEE AND
7 MANAGE THE SCHOOL DISTRICT. THE CHIEF EXECUTIVE OFFICER SHALL
8 SERVE AT THE PLEASURE OF THE SECRETARY OF EDUCATION.
9 (B) THE CHIEF EXECUTIVE OFFICER AND THE SCHOOL REFORM
10 COMMISSION SHALL ASSUME CONTROL OF THE AFFAIRS OF THE DISTRICT.
11 EXCEPT AS PROVIDED IN THIS SECTION, THE CHIEF EXECUTIVE OFFICER
12 SHALL ASSUME THE POWERS AND DUTIES OF THE SUPERINTENDENT AND THE
13 BOARD OF SCHOOL DIRECTORS UNTIL TERMINATION OF THE PERIOD OF
14 DISTRESS UNDER SUBSECTION (N).
15 (C) UPON THE APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER, THE
16 SUPERINTENDENT SHALL BE SUSPENDED OR DISMISSED AND THE POWERS
17 AND DUTIES OF THE BOARD OF SCHOOL DIRECTORS SHALL BE SUSPENDED.
18 (D) WITHIN FIFTEEN (15) DAYS OF A DECLARATION BY THE
19 SECRETARY OF EDUCATION THAT A SCHOOL DISTRICT OF THE FIRST CLASS
20 IS DISTRESSED UNDER SECTION 691(C), A FIVE MEMBER SCHOOL REFORM
21 COMMISSION SHALL BE ESTABLISHED. MEMBERS SHALL SERVE AT THE
22 PLEASURE OF THE APPOINTING AUTHORITY. THE SCHOOL REFORM
23 COMMISSION SHALL CONSIST OF THE FOLLOWING:
24 (1) THREE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST TWO OF
25 WHOM SHALL BE RESIDENTS OF THE SCHOOL DISTRICT.
26 (2) ONE MEMBER APPOINTED BY THE MAYOR WHO SHALL BE A
27 RESIDENT OF THE SCHOOL DISTRICT. IN THE EVENT THE MAYOR FAILS TO
28 APPOINT THE MEMBER TO THE COMMISSION WITHIN FIFTEEN (15) DAYS OF
29 THE DATE THE SECRETARY OF EDUCATION DECLARED THE DISTRICT TO BE
30 DISTRESSED, THE GOVERNOR SHALL APPOINT THE REMAINING MEMBER.
19970S0494B1913 - 20 -
1 (3) THE SECRETARY OF EDUCATION, WHO SHALL SERVE AS CHAIRMAN,
2 OR HIS DESIGNEE.
3 (E) THE SCHOOL REFORM COMMISSION SHALL ADVISE AND ASSIST THE
4 CHIEF EXECUTIVE OFFICER REGARDING THE OPERATION, MANAGEMENT AND
5 EDUCATIONAL PROGRAM OF THE SCHOOL DISTRICT. THE POWERS AND
6 DUTIES GRANTED HERETOFORE TO THE BOARD OF SCHOOL DIRECTORS OF A
7 SCHOOL DISTRICT OF THE FIRST CLASS UNDER THIS ACT OR ANY OTHER
8 LAW REGARDING THE AUTHORITY TO LEVY TAXES AND INCUR DEBT SHALL
9 BE VESTED IN THE SCHOOL REFORM COMMISSION UNTIL THE SECRETARY OF
10 EDUCATION ISSUES A DECLARATION UNDER SUBSECTION (N).
11 (F) THE COMMISSION MEMBERS SHALL BE REIMBURSED FOR EXPENSES
12 INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES FROM FUNDS
13 OF THE DEPARTMENT OF EDUCATION.
14 (G) ACTIONS OF THE SCHOOL REFORM COMMISSION SHALL BE BY
15 MAJORITY VOTE. THREE MEMBERS SHALL CONSTITUTE A QUORUM.
16 (H) THE CHIEF EXECUTIVE OFFICER AND THE SCHOOL REFORM
17 COMMISSION SHALL DIRECT FINANCIAL MATTERS RELATED TO THE
18 DISTRESSED SCHOOL DISTRICT OF THE FIRST CLASS AND:
19 (1) ALL TAXES AUTHORIZED TO BE LEVIED BY A SCHOOL DISTRICT
20 OF THE FIRST CLASS OR FOR A SCHOOL DISTRICT OF THE FIRST CLASS
21 BY A CITY OR COUNTY OF THE FIRST CLASS SHALL CONTINUE TO BE
22 LEVIED IN ACCORDANCE WITH THIS ACT AND SHALL BE TRANSMITTED TO
23 THE SCHOOL DISTRICT. FOR THE FIRST FISCAL YEAR OR PART THEREOF,
24 AND EVERY FISCAL YEAR THEREAFTER IN WHICH THE SCHOOL DISTRICT IS
25 DECLARED TO BE DISTRESSED, THE AMOUNT LEVIED, COLLECTED AND
26 TRANSMITTED FOR EACH TAX SHALL BE IN AN AMOUNT NOT LESS THAN THE
27 HIGHEST AMOUNT PAID BY THE CITY OR COUNTY TO THE SCHOOL DISTRICT
28 DURING ANY OF THE THREE FULL PRECEDING FISCAL YEARS. IN
29 ADDITION, THE CITY OF THE FIRST CLASS SHALL PROVIDE TO THE
30 SCHOOL DISTRICT OF THE FIRST CLASS ALL OTHER AVAILABLE LOCAL
19970S0494B1913 - 21 -
1 NON-TAX REVENUE, INCLUDING GRANTS, SUBSIDIES OR PAYMENTS MADE
2 DURING THE PRIOR YEAR.
3 (2) IN ADDITION TO THE MONEYS COLLECTED UNDER PARAGRAPH (1),
4 THE CITY OF THE FIRST CLASS SHALL REMIT TO THE SCHOOL DISTRICT
5 OF THE FIRST CLASS FOR EACH YEAR THAT THE SCHOOL DISTRICT IS
6 DECLARED DISTRESSED, THAT PORTION OF ALL OTHER LOCAL TAX REVENUE
7 LEVIED FOR A FULL FISCAL YEAR BY A CITY OR COUNTY OF THE FIRST
8 CLASS COTERMINOUS WITH A SCHOOL DISTRICT OF THE FIRST CLASS THAT
9 WAS ALLOCATED TO THE SCHOOL DISTRICT PRIOR TO THE SCHOOL
10 DISTRICT BEING DECLARED DISTRESSED IN ACCORDANCE WITH SECTION
11 691(C).
12 (3) ALL TAXES COLLECTED ON BEHALF OF A SCHOOL DISTRICT OF
13 THE FIRST CLASS BY ANY PERSON OR ENTITY, INCLUDING A CITY OR
14 COUNTY OF THE FIRST CLASS SHALL BE PROMPTLY PAID FOLLOWING
15 COLLECTION TO THE CHIEF EXECUTIVE OFFICER FOR THE BENEFIT OF THE
16 SCHOOL DISTRICT.
17 (4) IN THE EVENT THE CITY OR COUNTY OF THE FIRST CLASS DOES
18 NOT MEET THE FINANCIAL OBLIGATIONS PRESCRIBED IN THIS
19 SUBSECTION, THE COMMONWEALTH MAY APPLY TO THAT OBLIGATION ANY
20 AMOUNTS OTHERWISE DUE FROM THE COMMONWEALTH TO THE CITY OR
21 COUNTY OF THE FIRST CLASS INCLUDING, BUT NOT LIMITED TO, GRANTS,
22 AWARDS AND MONEYS COLLECTED BY THE COMMONWEALTH ON BEHALF OF THE
23 CITY OR COUNTY OF THE FIRST CLASS. FUNDS WITHHELD SHALL BE
24 MAINTAINED IN A SEPARATE ACCOUNT BY THE STATE TREASURER TO BE
25 DISBURSED AS DETERMINED BY THE SECRETARY OF EDUCATION IN
26 CONSULTATION WITH THE STATE TREASURER.
27 (5) THE CHIEF EXECUTIVE OFFICER SHALL DEVELOP AND ADOPT A
28 BUDGET WITH THE ASSISTANCE OF THE SCHOOL REFORM COMMISSION.
29 (I) IN ADDITION TO ALL POWERS GRANTED TO THE SUPERINTENDENT
30 BY LAW AND A SPECIAL BOARD OF CONTROL UNDER SECTION 693, AND
19970S0494B1913 - 22 -
1 NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE CHIEF
2 EXECUTIVE OFFICER SHALL HAVE THE FOLLOWING POWERS:
3 (1) TO APPOINT SUCH PERSONS AND OTHER ENTITIES AS NEEDED TO
4 CONDUCT FISCAL AND PERFORMANCE AUDITS AND OTHER NECESSARY
5 ANALYSES.
6 (2) EXCEPT AS OTHERWISE PROVIDED FOR IN THIS SECTION, TO
7 APPROVE THE ESTABLISHMENT OF A CHARTER SCHOOL OR THE CONVERSION
8 OF AN EXISTING SCHOOL TO A CHARTER SCHOOL PURSUANT TO THE
9 PROVISIONS OF ARTICLE XVII-A.
10 (I) A SCHOOL DISTRICT BUILDING CONVERTED TO A CHARTER SCHOOL
11 OR A CHARTER SCHOOL OTHERWISE APPROVED UNDER THIS SECTION SHALL
12 NOT BE SUBJECT TO SECTIONS 1717-A(B), (C), (D), (E), (F) AND
13 (G), 1722-A(C) AND 1724-A.
14 (II) THE CHIEF EXECUTIVE OFFICER MAY SUSPEND OR REVOKE A
15 CHARTER PURSUANT TO SECTION 1729-A.
16 (3) TO SUSPEND THE REQUIREMENTS OF THIS ACT AND REGULATIONS
17 OF THE STATE BOARD OF EDUCATION EXCEPT THAT THE SCHOOL DISTRICT
18 SHALL REMAIN SUBJECT TO THOSE PROVISIONS OF THIS ACT AND
19 REGULATIONS SET FORTH IN SECTION 1732-A(A), (B) AND (C).
20 (4) TO EMPLOY PROFESSIONAL AND SENIOR MANAGEMENT EMPLOYES
21 WHO DO NOT HOLD STATE CERTIFICATION IF THE SCHOOL REFORM
22 COMMISSION HAS APPROVED THE QUALIFICATIONS OF THE PERSON AT A
23 SALARY ESTABLISHED BY THE COMMISSION.
24 (5) TO ENTER INTO CONTRACTS WITH FOR-PROFIT OR NONPROFIT
25 ENTITIES FOR THE PURPOSE OF OPERATING SCHOOLS OR PROVIDING
26 EDUCATIONAL OR OTHER SERVICES TO OR FOR THE SCHOOL DISTRICT.
27 (6) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, TO
28 CLOSE OR RECONSTITUTE A SCHOOL, INCLUDING THE REASSIGNMENT,
29 SUSPENSION OR DISMISSAL OF PROFESSIONAL EMPLOYES.
30 (7) TO SUSPEND PROFESSIONAL EMPLOYES WITHOUT REGARD TO THE
19970S0494B1913 - 23 -
1 PROVISIONS OF SECTION 1125.1.
2 (8) TO APPOINT MANAGERS OR MANAGEMENT TEAMS TO OVERSEE THE
3 OPERATIONS OF A SCHOOL OR GROUP OF SCHOOLS WITHIN THE SCHOOL
4 DISTRICT.
5 (9) TO REALLOCATE RESOURCES, AMEND SCHOOL PROCEDURES,
6 DEVELOP ACHIEVEMENT PLANS AND IMPLEMENT TESTING OR OTHER
7 EVALUATION PROCEDURES FOR EDUCATIONAL PURPOSES.
8 (10) TO SUPERVISE AND DIRECT PRINCIPALS, TEACHERS AND
9 ADMINISTRATORS.
10 (11) TO NEGOTIATE ANY MEMORANDA OF UNDERSTANDING UNDER THE
11 COLLECTIVE BARGAINING AGREEMENT IN EXISTENCE ON THE EFFECTIVE
12 DATE OF THIS SECTION.
13 (12) TO NEGOTIATE A NEW COLLECTIVE BARGAINING AGREEMENT.
14 (J) THE BOARD OF SCHOOL DIRECTORS OF THE DISTRESSED SCHOOL
15 DISTRICT OF THE FIRST CLASS SHALL CONTINUE IN OFFICE FOR THE
16 REMAINDER OF THEIR TERMS DURING THE TIME THE DISTRICT IS
17 OPERATED BY THE CHIEF EXECUTIVE OFFICER AND THE COMMISSION
18 UNLESS REMOVED FOR NEGLECT OF DUTY UNDER SECTION 318 BY THE
19 COURT OF COMMON PLEAS, OR UNLESS THE DIRECTOR IS ELECTED TO
20 ANOTHER POSITION NOT COMPATIBLE WITH THE POSITION OF SCHOOL
21 DIRECTOR OR IS APPOINTED TO A POSITION FOR WHICH THERE IS A
22 REQUIREMENT THAT THE APPOINTEE SHALL HOLD NO ELECTIVE OFFICE.
23 THE BOARD OF SCHOOL DIRECTORS SHALL PERFORM ANY DUTIES DELEGATED
24 TO IT BY THE COMMISSION. THE ASSUMPTION OF CONTROL BY THE CHIEF
25 EXECUTIVE OFFICER AND THE SCHOOL REFORM COMMISSION SHALL NOT
26 INTERFERE WITH THE REGULAR SELECTION OF SCHOOL DIRECTORS FOR THE
27 SCHOOL DISTRICT OF THE FIRST CLASS.
28 (K) COLLECTIVE BARGAINING BETWEEN EMPLOYES AND THE SCHOOL
29 DISTRICT OF THE FIRST CLASS SHALL BE CONDUCTED IN ACCORDANCE
30 WITH THIS SUBSECTION.
19970S0494B1913 - 24 -
1 (1) WHETHER OR NOT A DECLARATION OF DISTRESS HAS BEEN MADE
2 UNDER SECTION 691(C), A COLLECTIVE BARGAINING AGREEMENT IN
3 EFFECT ON THE EFFECTIVE DATE OF THIS SECTION SHALL NOT BE
4 EXTENDED AND SHALL HAVE NO FORCE OR EFFECT BEYOND THE EXISTING
5 TERM OF THE CONTRACT NOTWITHSTANDING ANY OTHER LAW TO THE
6 CONTRARY.
7 (2) NO DISTRESSED SCHOOL DISTRICT OF THE FIRST CLASS SHALL
8 BE REQUIRED TO ENGAGE IN COLLECTIVE BARGAINING NEGOTIATIONS OR
9 ENTER INTO MEMORANDA OF UNDERSTANDING, OR OTHER AGREEMENTS
10 REGARDING ANY OF THE FOLLOWING ISSUES:
11 (I) CONTRACTS WITH THIRD PARTIES FOR THE PROVISION OF GOODS
12 OR SERVICES, INCLUDING EDUCATIONAL SERVICES OR THE POTENTIAL
13 IMPACT OF SUCH CONTRACTS ON EMPLOYES.
14 (II) DECISIONS RELATED TO REDUCTIONS IN FORCE.
15 (III) STAFFING PATTERNS AND ASSIGNMENTS, CLASS SCHEDULES,
16 ACADEMIC CALENDAR, PLACES OF INSTRUCTION, PUPIL ASSESSMENT AND
17 TEACHER PREPARATION TIME.
18 (IV) THE USE, CONTINUATION OR EXPANSION OF PROGRAMS
19 DESIGNATED BY THE CHIEF EXECUTIVE OFFICER AS PILOT OR
20 EXPERIMENTAL PROGRAMS.
21 (V) THE APPROVAL OR DESIGNATION OF A SCHOOL AS A CHARTER OR
22 MAGNET SCHOOL.
23 (VI) THE USE OF TECHNOLOGY TO PROVIDE INSTRUCTIONAL OR OTHER
24 SERVICES.
25 (3) A COLLECTIVE BARGAINING AGREEMENT FOR PROFESSIONAL
26 EMPLOYES ENTERED INTO AFTER THE EXPIRATION OF THE AGREEMENT IN
27 EFFECT ON THE DATE OF THE DECLARATION OF DISTRESS SHALL PROVIDE
28 FOR THE FOLLOWING:
29 (I) A SCHOOL DAY FOR PROFESSIONAL EMPLOYES THAT IS EQUAL TO
30 OR EXCEEDS THE STATE AVERAGE AS DETERMINED BY THE DEPARTMENT. AN
19970S0494B1913 - 25 -
1 EXTENSION OF THE SCHOOL DAY RESULTING FROM THIS REQUIREMENT
2 SHALL BE USED EXCLUSIVELY FOR INSTRUCTIONAL TIME FOR STUDENTS.
3 (II) THE NUMBER OF INSTRUCTIONAL DAYS SHALL BE EQUAL TO OR
4 EXCEED THE STATE AVERAGE NUMBER OF INSTRUCTIONAL DAYS.
5 (III) THE CHIEF EXECUTIVE OFFICER AND THE COMMISSION SHALL
6 NOT INCREASE COMPENSATION FOR EMPLOYES SOLELY TO FULFILL THE
7 REQUIREMENTS UNDER SUBPARAGRAPHS (I) AND (II).
8 (4) A PROVISION IN ANY CONTRACT IN EFFECT ON THE DATE OF THE
9 DECLARATION OF DISTRESS UNDER THIS SUBSECTION THAT IS IN
10 CONFLICT WITH THIS SUBSECTION SHALL BE DISCONTINUED IN ANY NEW
11 OR RENEWED CONTRACT.
12 (5) NOTHING IN THIS SUBSECTION SHALL ELIMINATE, SUPERSEDE OR
13 PREEMPT ANY PROVISION OF AN EXISTING COLLECTIVE BARGAINING
14 AGREEMENT UNTIL THE EXPIRATION OF THE AGREEMENT UNLESS OTHERWISE
15 AUTHORIZED BY LAW.
16 (6) IF, UPON THE TERMINATION OF A COLLECTIVE BARGAINING
17 AGREEMENT IN EFFECT ON THE DATE OF THE DECLARATION OF DISTRESS
18 UNDER THIS SECTION, A NEW COLLECTIVE BARGAINING AGREEMENT HAS
19 NOT BEEN RATIFIED, THE SECRETARY OF EDUCATION SHALL ESTABLISH A
20 PERSONNEL SALARY SCHEDULE TO BE USED UNTIL A NEW AGREEMENT IS
21 RATIFIED.
22 (L) DURING THE TIME THE SCHOOL DISTRICT OF THE FIRST CLASS
23 IS UNDER THE DIRECTION OF THE CHIEF EXECUTIVE OFFICER, ALL
24 SCHOOL EMPLOYES SHALL BE PROHIBITED FROM ENGAGING IN ANY STRIKE
25 AS DEFINED IN ARTICLE XI-A AND SECTION 301 OF THE ACT OF JULY
26 23, 1970 (P.L.563, NO.195), KNOWN AS THE PUBLIC EMPLOYE
27 RELATIONS ACT. THE SECRETARY OF EDUCATION MAY SUSPEND THE
28 CERTIFICATE OF AN EMPLOYE WHO VIOLATES THIS SUBSECTION.
29 (M) IF A VACANCY OCCURS IN THE POSITION OF CHIEF EXECUTIVE
30 OFFICER, THE SECRETARY OF EDUCATION MAY IMPLEMENT A TEMPORARY
19970S0494B1913 - 26 -
1 TRANSFER OF ALL POWERS AND DUTIES OF THE CHIEF EXECUTIVE OFFICER
2 TO THE SCHOOL REFORM COMMISSION UNTIL A NEW CHIEF EXECUTIVE
3 OFFICER IS APPOINTED.
4 (N) THE SECRETARY OF EDUCATION, UPON THE RECOMMENDATION OF
5 THE CHIEF EXECUTIVE OFFICER AND WITH THE CONCURRENCE OF A
6 MAJORITY OF THE SCHOOL REFORM COMMISSION, MAY ISSUE A
7 DECLARATION TO DISSOLVE THE COMMISSION AND TERMINATE THE
8 SERVICES OF THE CHIEF EXECUTIVE OFFICER. THE DISSOLUTION
9 DECLARATION SHALL BE EFFECTIVE NINETY (90) DAYS AFTER ISSUANCE
10 BY THE SECRETARY OF EDUCATION.
11 (O) THE PROVISIONS OF THIS SECTION ARE SEVERABLE. IF ANY
12 PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON OR
13 CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT
14 THE REMAINING PROVISIONS OR APPLICATIONS.
15 SECTION 4. SECTIONS 917.1-A AND 919.1-A OF THE ACT ARE
16 AMENDED BY ADDING SUBSECTIONS TO READ:
17 SECTION 917.1-A. COMMONWEALTH PAYMENTS.--* * *
18 (H) FOR THE 1998-1999 SCHOOL YEAR, EACH INTERMEDIATE UNIT
19 SHALL RECEIVE A PROPORTIONATE SHARE OF THE AMOUNT AVAILABLE
20 UNDER SUBSECTION (A) MINUS THE PAYMENTS MADE UNDER SECTION
21 919.1-A(E) BASED ON THE AMOUNT RECEIVED BY THE INTERMEDIATE UNIT
22 UNDER SUBSECTION (G) FOR THE 1997-1998 SCHOOL YEAR. DURING THE
23 1998-1999 SCHOOL YEAR, HOWEVER, NO INTERMEDIATE UNIT SHALL
24 RECEIVE LESS PAYMENT UNDER THIS SUBSECTION THAN THE AMOUNT OF
25 THE PAYMENTS THE INTERMEDIATE UNIT RECEIVED UNDER SUBSECTION (G)
26 DURING THE 1997-1998 SCHOOL YEAR.
27 SECTION 919.1-A. CAPITAL SUBSIDY.--* * *
28 (E) NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE
29 CONTRARY, FOR THE 1998-1999 SCHOOL YEAR, EACH INTERMEDIATE UNIT
30 SHALL RECEIVE THE ACTUAL PAYMENT FOR CAPITAL SUBSIDY WHICH IT
19970S0494B1913 - 27 -
1 RECEIVED UNDER THIS SECTION AND SECTION 2502.6(B) DURING THE
2 1997-1998 SCHOOL YEAR.
3 SECTION 5. SECTION 922.1-A(C) OF THE ACT, ADDED AUGUST 1,
4 1975 (P.L.180, NO.89), IS AMENDED TO READ:
5 SECTION 922.1-A. AUXILIARY SERVICES.--* * *
6 (C) PROGRAM OF AUXILIARY SERVICES. STUDENTS ATTENDING
7 NONPUBLIC SCHOOLS SHALL BE FURNISHED A PROGRAM OF AUXILIARY
8 SERVICES WHICH ARE PROVIDED TO PUBLIC SCHOOL STUDENTS IN THE
9 SCHOOL DISTRICT IN WHICH THEIR NONPUBLIC SCHOOL IS LOCATED. THE
10 PROGRAM OF AUXILIARY SERVICES SHALL BE PROVIDED BY THE
11 INTERMEDIATE UNIT IN WHICH THE NONPUBLIC SCHOOL IS LOCATED, IN
12 ACCORDANCE WITH STANDARDS OF THE SECRETARY OF EDUCATION. SUCH
13 SERVICES SHALL BE PROVIDED DIRECTLY TO THE NONPUBLIC SCHOOL
14 STUDENTS BY THE INTERMEDIATE UNIT [EXCEPT THAT SUCH SERVICES
15 SHALL NOT BE PROVIDED IN A CHURCH OR IN ANY FACILITY UNDER THE
16 CONTROL OF A SECTARIAN SCHOOL] IN THE SCHOOLS WHICH THE STUDENTS
17 ATTEND, IN MOBILE INSTRUCTIONAL UNITS LOCATED ON THE GROUNDS OF
18 SUCH SCHOOLS OR IN ANY ALTERNATIVE SETTING MUTUALLY AGREED UPON
19 BY THE SCHOOL AND THE INTERMEDIATE UNIT, TO THE EXTENT PERMITTED
20 BY THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF
21 THE COMMONWEALTH OF PENNSYLVANIA.
22 SUCH AUXILIARY SERVICES SHALL BE PROVIDED DIRECTLY BY THE
23 INTERMEDIATE UNITS AND NO AUXILIARY SERVICES PRESENTLY PROVIDED
24 TO PUBLIC SCHOOL STUDENTS BY THE INTERMEDIATE UNITS AND/OR
25 SCHOOL DISTRICTS BY MEANS OF STATE OR LOCAL REVENUES, DURING THE
26 SCHOOL YEAR 1974-1975, SHALL BE ELIMINATED. NO SCHOOL DISTRICTS
27 SHALL BE REQUIRED, PURSUANT TO ANY SECTION OF THIS ACT, TO OFFER
28 AUXILIARY SERVICES PROVIDED BY ANY OTHER SCHOOL DISTRICTS WITHIN
29 SUCH INTERMEDIATE UNITS.
30 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
19970S0494B1913 - 28 -
1 SECTION 1317.3. UNIFORMS.--THE BOARD OF DIRECTORS IN ANY
2 SCHOOL ENTITY MAY IMPOSE LIMITATIONS ON DRESS AND MAY REQUIRE
3 PUPILS TO WEAR STANDARD DRESS OR UNIFORMS. DRESS POLICIES MAY BE
4 APPLICABLE THROUGHOUT THE SCHOOL ENTITY OR MAY BE APPLICABLE TO
5 ONE OR MORE SCHOOL BUILDINGS WITHIN THE SCHOOL ENTITY.
6 * * *
7 SECTION 7. SECTION 1548 OF THE ACT, ADDED JUNE 7, 1993
8 (P.L.49, NO.16), IS AMENDED TO READ:
9 SECTION 1548. INSTRUCTIONAL SUPPORT.--[THE INSTRUCTIONAL
10 SUPPORT PROGRAM CURRENTLY FOUND AT 22 PA. CODE § 14.24 (RELATING
11 TO INSTRUCTIONAL SUPPORT) OR ANY SUCCESSOR REGULATION SHALL NOT
12 APPLY TO STUDENTS WHO ARE THOUGHT TO BE GIFTED, TO STUDENTS
13 ATTENDING NONPUBLIC SCHOOLS WHO ARE THOUGHT TO BE EXCEPTIONAL OR
14 TO YOUNG CHILDREN NOT YET OF KINDERGARTEN AGE OR NOT ENROLLED IN
15 A PUBLIC SCHOOL PROGRAM. PUBLIC SCHOOL STUDENTS THOUGHT TO BE
16 ELIGIBLE MAY BE SERVED REGARDLESS OF GRADE.] ALL PROVISIONS IN
17 22 PA. CODE CHS. 14 (RELATING TO SPECIAL EDUCATION SERVICES AND
18 PROGRAMS) AND 342 (RELATING TO SPECIAL EDUCATION SERVICES AND
19 PROGRAMS) PERTAINING TO INSTRUCTIONAL SUPPORT ARE OPTIONAL FOR
20 SCHOOL DISTRICTS.
21 SECTION 8. THE DEFINITION OF "COMMUNITY EDUCATION COUNCIL"
22 IN SECTION 1502-A OF THE ACT, ADDED JUNE 25, 1997 (P.L.297,
23 NO.30), IS AMENDED TO READ:
24 SECTION 1502-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
25 * * *
26 "COMMUNITY EDUCATION COUNCIL" SHALL MEAN A NONPROFIT
27 [INSTITUTIONALLY NEUTRAL] EDUCATIONAL ORGANIZATION, GOVERNED BY
28 A COMMUNITY-BASED BOARD OF DIRECTORS, WHICH SERVES TO PROVIDE
29 ACCESS TO POST-SECONDARY EDUCATION AND TRAINING RESOURCES FOR
30 CITIZENS IN [COMMUNITIES THAT HAVE A SHORTAGE OF ADULT
19970S0494B1913 - 29 -
1 EDUCATION, CONTINUING EDUCATION AND/OR POST-SECONDARY EDUCATION
2 SERVICES] EDUCATIONALLY UNDERSERVED AREAS OF THIS COMMONWEALTH.
3 * * *
4 SECTION 9. SECTIONS 1503-A(C)(2.1) AND (2.2) AND 1504-A(A)
5 OF THE ACT, AMENDED JUNE 25, 1997 (P.L.297, NO.30), ARE AMENDED
6 TO READ:
7 SECTION 1503-A. BASIC EDUCATION GRANTS.--* * *
8 (C) * * *
9 (2.1) FOR THE 1997-1998 AND 1998-1999 SCHOOL [YEAR] YEARS, A
10 SCHOOL DISTRICT SHALL BE ELIGIBLE FOR A GRANT IN THE SAME AMOUNT
11 AS A SCHOOL DISTRICT WAS ELIGIBLE TO RECEIVE FOR THE 1996-1997
12 SCHOOL YEAR AS PROVIDED IN CLAUSE (2).
13 (2.2) FOR THE 1997-1998 AND 1998-1999 SCHOOL [YEAR] YEARS,
14 AN AREA VOCATIONAL-TECHNICAL SCHOOL SHALL BE ELIGIBLE TO RECEIVE
15 FROM THE AMOUNT OF THREE MILLION DOLLARS ($3,000,000)
16 APPROPRIATED FOR THE PURPOSES OF THIS CLAUSE A GRANT IN THE SAME
17 [MANNER AS A SCHOOL DISTRICT AS PROVIDED IN CLAUSE (2). IF THE
18 SUM PROVIDED IN THIS CLAUSE IS NOT SUFFICIENT TO PAY IN FULL THE
19 TOTAL AMOUNT TO WHICH A QUALIFYING AREA VOCATIONAL-TECHNICAL
20 SCHOOL IS ENTITLED TO RECEIVE, THE ALLOCATION SHALL BE
21 PROPORTIONATELY REDUCED TO THE EXTENT NECESSARY TO BRING THE
22 AGGREGATE OF THE ALLOCATIONS WITHIN THE LIMIT OF THE AMOUNT
23 PROVIDED IN THIS CLAUSE] AMOUNT AS THE AREA VOCATIONAL-TECHNICAL
24 SCHOOL WAS ELIGIBLE TO RECEIVE FOR THE 1997-1998 SCHOOL YEAR.
25 * * *
26 SECTION 1504-A. HIGHER EDUCATION FUNDING.--(A) THE
27 DEPARTMENT AND THE OFFICE OF ADMINISTRATION SHALL ESTABLISH
28 MANAGEMENT TEAMS TO PROVIDE DIRECTION AND OVERSIGHT AND TO
29 DISTRIBUTE FUNDS APPROPRIATED FOR THE RESEARCHING, PLANNING AND
30 DEVELOPMENT OF THE PENNSYLVANIA EDUCATION NETWORK WHICH CAN
19970S0494B1913 - 30 -
1 INCLUDE WHEN APPROPRIATE, BUT NOT BE LIMITED TO, THE FOLLOWING
2 FOCUS AREAS:
3 (1) DOCUMENTING PUBLIC AND PRIVATE TECHNOLOGY RESOURCES,
4 INCLUDING, BUT NOT LIMITED TO, EXISTING TELECOMMUNICATIONS
5 NETWORKS, VIDEO CONFERENCING CAPABILITIES AND DISTANCE EDUCATION
6 COURSES AND IDENTIFYING TECHNOLOGY TRANSFER OPPORTUNITIES THAT
7 CAN BE LEVERAGED FOR THE PENNSYLVANIA EDUCATION NETWORK.
8 (2) ESTABLISHING TECHNOLOGY [INFRASTRUCTURE INVESTMENT]
9 GRANTS TO DEVELOP EDUCATIONAL CONTENT AND IMPLEMENT PENNSYLVANIA
10 EDUCATION NETWORK STRATEGIES AND CONNECTIVITY BY USING COMPETING
11 TECHNOLOGIES AND METHODOLOGIES.
12 (I) FUNDS FOR [INFRASTRUCTURE INVESTMENT] GRANTS SHALL BE
13 DISTRIBUTED THROUGH [A GRANT] AN APPLICATION AT SUCH TIME AND IN
14 SUCH FORM AS THE SECRETARY OF EDUCATION MAY REQUIRE.
15 (II) APPLICANTS MAY INCLUDE PUBLIC AND PRIVATE INSTITUTIONS
16 OF HIGHER EDUCATION, COMMUNITY EDUCATION COUNCILS, NOT-FOR-
17 PROFIT ORGANIZATIONS IN PENNSYLVANIA AND ANY OTHER ENTITY
18 APPROVED BY THE DEPARTMENT OF EDUCATION.
19 (III) PRIORITY SHALL BE GIVEN TO APPLICATIONS CONSISTING OF
20 PARTNERSHIPS.
21 (3) IMPLEMENTING A SHARED STATEWIDE VISION AND STRATEGIC
22 PLAN FOR BUILDING THE PENNSYLVANIA EDUCATION NETWORK.
23 (4) DEVELOPING METHODS AND RESOURCES TO ENSURE EDUCATORS ARE
24 ABLE TO USE THE TECHNOLOGY EFFECTIVELY WITH THE CURRICULUM.
25 * * *
26 SECTION 10. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
27 SECTION 1505-A. TECHNOLOGY GRANTS FOR EQUIPMENT AND
28 SERVICES.--(A) THE PURPOSES OF THE TECHNOLOGY GRANTS TO BENEFIT
29 STUDENTS IN NONPUBLIC AND PRIVATE SCHOOLS ARE TO:
30 (1) IMPROVE THE EDUCATION PENNSYLVANIA'S NONPUBLIC AND
19970S0494B1913 - 31 -
1 PRIVATE SCHOOL STUDENTS RECEIVE.
2 (2) INCREASE NONPUBLIC AND PRIVATE STUDENTS' ACCESS TO
3 WORLDWIDE INFORMATION, EXPERTISE AND RESOURCES AVAILABLE THROUGH
4 TECHNOLOGY.
5 (3) PROVIDE PROFESSIONAL DEVELOPMENT OPPORTUNITIES TO ENSURE
6 NONPUBLIC AND PRIVATE SCHOOL TEACHERS CAN USE TECHNOLOGY
7 EFFECTIVELY WITH THE CURRICULUM.
8 (4) COMPLEMENT LINK-TO-LEARN'S EFFORTS AND ADD VALUE TO THE
9 PENNSYLVANIA EDUCATION NETWORK BY FORGING COLLABORATIVE
10 PARTNERSHIPS BETWEEN EDUCATIONAL INSTITUTIONS.
11 (5) COMPLEMENT FEDERAL TECHNOLOGY INITIATIVES.
12 (B) THE DEPARTMENT OF EDUCATION THROUGH INTERMEDIATE UNITS
13 SHALL HAVE THE POWER AND DUTY TO PURCHASE COMPUTER HARDWARE,
14 SOFTWARE, CONNECTIVITY AND RELATED TECHNOLOGY TO LOAN THEM TO
15 ALL CHILDREN RESIDING IN THIS COMMONWEALTH WHO ARE ENROLLED IN
16 GRADES KINDERGARTEN THROUGH TWELVE OF A NONPUBLIC AND PRIVATE
17 SCHOOL AND MAY PROVIDE PROFESSIONAL DEVELOPMENT OPPORTUNITIES.
18 THE SECRETARY OF EDUCATION SHALL ESTABLISH A PER CAPITA FORMULA
19 BASED ON THE NUMBER OF ELIGIBLE STUDENTS IN NONPUBLIC AND
20 PRIVATE SCHOOLS AND EACH INTERMEDIATE UNIT. FUNDS SHALL BE
21 ALLOCATED TO INTERMEDIATE UNITS WHO SHALL PURCHASE AND LOAN THE
22 EQUIPMENT TO SUCH CHILDREN AND MAY PROVIDE PROFESSIONAL
23 DEVELOPMENT OPPORTUNITIES. EQUIPMENT AND SERVICES SHALL NOT BE
24 USED FOR SECTARIAN PURPOSES.
25 SECTION 11. SECTION 1913-A(B)(1.4)(III) OF THE ACT, AMENDED
26 JUNE 25, 1997 (P.L.297, NO.30), IS AMENDED TO READ:
27 SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OR
28 PAYMENTS.--* * *
29 (B) * * *
30 (1.4) THE EQUIVALENT FULL-TIME STUDENT REIMBURSEMENT OF A
19970S0494B1913 - 32 -
1 COMMUNITY COLLEGE SHALL BE THE SUM OF CREDIT COURSE, NONCREDIT
2 COURSE AND STIPEND REIMBURSEMENTS. THESE REIMBURSEMENTS SHALL BE
3 CALCULATED USING A REIMBURSEMENT FACTOR OF ONE THOUSAND AND
4 FORTY DOLLARS ($1,040) FOR THE 1993-1994 FISCAL YEAR, OF ONE
5 THOUSAND EIGHTY DOLLARS ($1,080) FOR THE 1994-1995 FISCAL YEAR
6 AND OF ONE THOUSAND ONE HUNDRED EIGHTY DOLLARS ($1,180) FOR THE
7 1995-1996 FISCAL YEAR AND ONE THOUSAND AND TWO HUNDRED AND TEN
8 DOLLARS ($1,210) FOR THE 1996-1997 FISCAL YEAR AND ONE THOUSAND
9 TWO HUNDRED SIXTY DOLLARS ($1,260) FOR THE 1997-1998 FISCAL YEAR
10 AND FOR EACH YEAR THEREAFTER AND SHALL BE DETERMINED AS FOLLOWS:
11 * * *
12 (III) STIPEND REIMBURSEMENT ON ACCOUNT OF A COMMUNITY
13 COLLEGE'S OPERATING COSTS FOR ALL EQUIVALENT FULL-TIME STUDENTS
14 ENROLLED IN THE FOLLOWING CATEGORIES OF TWO-YEAR OR LESS THAN
15 TWO-YEAR OCCUPATIONAL OR TECHNICAL PROGRAMS, SHALL BE THE SUM OF
16 THE FOLLOWING:
17 (A) ONE THOUSAND ONE HUNDRED DOLLARS ($1,100) PER FULL-TIME
18 EQUIVALENT STUDENT ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. FOR
19 THE FISCAL YEAR 1995-1996 [AND EACH YEAR THEREAFTER], 1996-1997
20 AND 1997-1998, THE REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE
21 THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS ($1,175) PER FULL-TIME
22 EQUIVALENT STUDENT ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. FOR
23 THE FISCAL YEAR 1998-1999 AND EACH YEAR THEREAFTER, THE
24 REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE THOUSAND FOUR
25 HUNDRED SIXTY DOLLARS ($1,460) PER FULL-TIME EQUIVALENT STUDENT
26 ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. ADVANCED TECHNOLOGY
27 PROGRAMS ARE PROGRAMS USING NEW OR ADVANCED TECHNOLOGIES WHICH
28 HOLD PROMISE FOR CREATING NEW JOB OPPORTUNITIES, INCLUDING SUCH
29 FIELDS AS ROBOTICS, BIOTECHNOLOGY, SPECIALIZED MATERIALS AND
30 ENGINEERING AND ENGINEERING-RELATED PROGRAMS.
19970S0494B1913 - 33 -
1 (B) ONE THOUSAND DOLLARS ($1,000) PER FULL-TIME EQUIVALENT
2 STUDENT ENROLLED IN PROGRAMS DESIGNATED AS STATEWIDE PROGRAMS.
3 FOR THE FISCAL YEAR 1995-1996 [AND EACH YEAR THEREAFTER], 1996-
4 1997 AND 1997-1998, THE REIMBURSEMENT RATE SHALL BE CALCULATED
5 AT ONE THOUSAND SEVENTY-FIVE DOLLARS ($1,075) PER FULL-TIME
6 EQUIVALENT STUDENT ENROLLED IN PROGRAMS DESIGNATED AS STATEWIDE
7 PROGRAMS. FOR THE FISCAL YEAR 1998-1999 AND EACH YEAR
8 THEREAFTER, THE REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE
9 THOUSAND THREE HUNDRED SIXTY DOLLARS ($1,360) PER FULL-TIME
10 EQUIVALENT STUDENT ENROLLED IN PROGRAMS DESIGNATED AS STATEWIDE
11 PROGRAMS. A STATEWIDE PROGRAM IS A PROGRAM WHICH MEETS ONE OR
12 MORE OF THE FOLLOWING CRITERIA:
13 (I) PROGRAM ENROLLMENT FROM OUT-OF-SPONSOR AREA IS TWENTY
14 PER CENT OR MORE OF THE ENROLLMENT FOR THE PROGRAM.
15 (II) A CONSORTIAL ARRANGEMENT EXISTS WITH ANOTHER COMMUNITY
16 COLLEGE TO COOPERATIVELY OPERATE A PROGRAM OR SHARE REGIONS IN
17 ORDER TO AVOID UNNECESSARY PROGRAM DUPLICATION.
18 (C) FIVE HUNDRED DOLLARS ($500) PER FULL-TIME EQUIVALENT
19 STUDENT ENROLLED IN OTHER OCCUPATIONAL OR TECHNICAL PROGRAMS.
20 FOR THE FISCAL YEAR 1995-1996 [AND EACH YEAR THEREAFTER], 1996-
21 1997 AND 1997-1998, THE REIMBURSEMENT RATE SHALL BE CALCULATED
22 AT FIVE HUNDRED SEVENTY-FIVE DOLLARS ($575) PER FULL-TIME
23 EQUIVALENT STUDENT ENROLLED IN OTHER OCCUPATIONAL OR TECHNICAL
24 PROGRAMS. FOR THE FISCAL YEAR 1998-1999 AND EACH YEAR
25 THEREAFTER, THE REIMBURSEMENT RATE SHALL BE CALCULATED AT EIGHT
26 HUNDRED SIXTY DOLLARS ($860) PER FULL-TIME EQUIVALENT STUDENT
27 ENROLLED IN OTHER OCCUPATIONAL OR TECHNICAL PROGRAMS.
28 * * *
29 SECTION 12. SECTION 2003-A.1(C) OF THE ACT, AMENDED JULY 11,
30 1990 (P.L.424, NO.103), IS AMENDED TO READ:
19970S0494B1913 - 34 -
1 SECTION 2003-A.1. PROJECT CONTRACTS.--* * *
2 (C) ALL CONTRACTS, OTHER THAN CONTRACTS FOR THE RETENTION OF
3 ARCHITECTS AND ENGINEERS, AUTHORIZED BY THIS SECTION WHICH
4 EXCEED [FIVE THOUSAND DOLLARS ($5,000)] TEN THOUSAND DOLLARS
5 ($10,000), SHALL BE ADVERTISED IN THE MANNER PROVIDED BY LAW AND
6 COMPETITIVELY BID AND AWARDED TO THE LOWEST RESPONSIBLE BIDDER.
7 IN CASE OF EMERGENCIES AND NOTWITHSTANDING ANY OTHER PROVISION
8 OF THIS SECTION TO THE CONTRARY, THE CHANCELLOR MAY MAKE OR
9 AUTHORIZE OTHERS TO MAKE AN EMERGENCY PROCUREMENT WHENEVER A
10 THREAT EXISTS TO PUBLIC HEALTH, WELFARE OR SAFETY OR
11 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE STATE SYSTEM AND
12 CREATES AN URGENCY OF NEED WHICH DOES NOT PERMIT THE DELAY
13 INVOLVED IN USING MORE FORMAL COMPETITIVE METHODS. WHENEVER
14 PRACTICAL, IN THE CASE OF A PROCUREMENT OF A SUPPLY, AT LEAST
15 TWO (2) BIDS SHALL BE SOLICITED. A WRITTEN DETERMINATION OF THE
16 BASIS FOR THE EMERGENCY AND FOR THE SELECTION OF THE PARTICULAR
17 CONTRACTOR SHALL BE INCLUDED IN THE CONTRACT FILE.
18 * * *
19 SECTION 13. SECTION 2006-A(A) OF THE ACT IS AMENDED BY
20 ADDING A CLAUSE TO READ:
21 SECTION 2006-A. POWERS AND DUTIES OF THE BOARD OF
22 GOVERNORS.--(A) THE BOARD OF GOVERNORS SHALL HAVE OVERALL
23 RESPONSIBILITY FOR PLANNING AND COORDINATING THE DEVELOPMENT AND
24 OPERATION OF THE SYSTEM. THE POWERS AND DUTIES OF THE BOARD OF
25 GOVERNORS SHALL BE:
26 * * *
27 (13.1) TO SET THE AMOUNTS FOR FINES FOR VIOLATIONS OF RULES
28 RESPECTING THE USE, PARKING AND OPERATION OF MOTOR VEHICLES ON
29 SYSTEM FACILITIES, WHICH MAY BE ESTABLISHED TO EXCEED THE
30 AMOUNTS WHICH MUNICIPALITIES ARE AUTHORIZED TO ASSESS FOR SUCH
19970S0494B1913 - 35 -
1 OFFENSES UNDER 75 PA.C.S. (RELATING TO VEHICLES).
2 * * *
3 SECTION 14. SECTION 2010-A(10) OF THE ACT, ADDED NOVEMBER
4 12, 1982 (P.L.660, NO.188), IS AMENDED TO READ:
5 SECTION 2010-A. POWER AND DUTIES OF INSTITUTION
6 PRESIDENTS.--THE PRESIDENT OF EACH INSTITUTION SHALL BE
7 APPOINTED BY THE BOARD. THE PRESIDENT SHALL BE THE CHIEF
8 EXECUTIVE OFFICER OF THAT INSTITUTION. HE SHALL HAVE THE RIGHT
9 TO ATTEND ALL MEETINGS OF THE COUNCIL OF THAT INSTITUTION AND
10 SHALL HAVE THE RIGHT TO SPEAK ON ALL MATTERS BEFORE THE COUNCIL
11 BUT NOT TO VOTE. SUBJECT TO THE STATED AUTHORITY OF THE BOARD
12 AND THE COUNCIL, EACH PRESIDENT SHALL HAVE THE [POWER AND HIS
13 DUTIES SHALL BE] FOLLOWING POWERS AND DUTIES:
14 * * *
15 (10) WITHIN THE LIMITATIONS OF THE OPERATING BUDGET AND
16 OTHER AVAILABLE FUNDS IN ACCORDANCE WITH THE PROCEDURES
17 ESTABLISHED BY THE BOARD AND WITH THE APPROVAL OF THE LOCAL
18 COUNCIL, TO NEGOTIATE AND AWARD ALL CONTRACTS FOR EQUIPMENT,
19 SERVICES AND SUPPLIES IN EXCESS OF A COST OF [FIVE THOUSAND
20 DOLLARS ($5,000)] TEN THOUSAND DOLLARS ($10,000), ON A
21 COMPETITIVE BID BASIS AND TO PURCHASE INSTRUCTIONAL,
22 EDUCATIONAL, EXTRACURRICULAR, TECHNICAL, ADMINISTRATIVE,
23 CUSTODIAL AND MAINTENANCE EQUIPMENT AND SUPPLIES NOT IN EXCESS
24 OF A COST OF [FIVE THOUSAND DOLLARS ($5,000)] TEN THOUSAND
25 DOLLARS ($10,000) WITHOUT COMPETITIVE BIDDING, EXCEPT THAT SUCH
26 ITEMS SHALL NOT BE BOUGHT IN SERIES TO AVOID THE DOLLAR CEILING.
27 * * *
28 SECTION 15. SECTION 2501(21) OF THE ACT, ADDED JUNE 7, 1993
29 (P.L.49, NO.16), IS AMENDED TO READ:
30 SECTION 2501. DEFINITIONS.--FOR THE PURPOSES OF THIS ARTICLE
19970S0494B1913 - 36 -
1 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
2 * * *
3 (21) "CHILDREN IN LOW-INCOME FAMILIES." CHILDREN AGED FIVE
4 (5) TO SEVENTEEN (17) YEARS, INCLUSIVE, IN FAMILIES RECEIVING A
5 GRANT IN EXCESS OF TWO THOUSAND DOLLARS ($2,000) PER YEAR FROM
6 THE COMMONWEALTH ON ACCOUNT OF DEPENDENT CHILDREN [UNDER THE
7 SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. § 301 ET SEQ.)]
8 PURSUANT TO TITLE IV OF THE SOCIAL SECURITY ACT, AS AMENDED (42
9 U.S.C. § 601, ET SEQ.).
10 * * *
11 SECTION 16. SECTION 2502.13 OF THE ACT, AMENDED JUNE 30,
12 1995 (P.L.220, NO.26), IS AMENDED TO READ:
13 SECTION 2502.13. SMALL DISTRICT ASSISTANCE.--FOR THE 1984-
14 1985 AND 1985-1986 SCHOOL YEARS, THE COMMONWEALTH SHALL PAY TO
15 EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
16 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET
17 VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000)
18 OR GREATER, AN AMOUNT EQUAL TO FIFTY DOLLARS ($50) MULTIPLIED BY
19 THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE 1985-1986
20 SCHOOL YEAR, NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF
21 THIS SECTION THAN IT DID FOR THE 1984-1985 SCHOOL YEAR. FOR THE
22 SCHOOL YEAR 1986-1987, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL
23 DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND
24 FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET VALUE/INCOME AID
25 RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR
26 RECEIVED PAYMENTS UNDER THIS SECTION FOR THE 1985-1986 SCHOOL
27 YEAR, AN AMOUNT EQUAL TO SEVENTY-FIVE DOLLARS ($75) MULTIPLIED
28 BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR
29 1987-1988, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT
30 WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE
19970S0494B1913 - 37 -
1 HUNDRED (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF
2 FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED
3 PAYMENTS UNDER THIS SECTION FOR THE 1986-1987 SCHOOL YEAR, AN
4 AMOUNT EQUAL TO EIGHTY-FIVE DOLLARS ($85) MULTIPLIED BY THAT
5 DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR 1988-
6 1989, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH
7 HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED
8 (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE
9 THOUSAND TEN THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED
10 PAYMENTS UNDER THIS SECTION FOR THE 1987-1988 OR 1988-1989
11 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIVE DOLLARS ($105).
12 FOR THE SCHOOL YEAR 1989-1990, THE COMMONWEALTH SHALL PAY TO
13 EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
14 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A MARKET
15 VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000)
16 OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR THE
17 1987-1988 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIFTEEN
18 DOLLARS ($115) MULTIPLIED BY THE DISTRICT'S AVERAGE DAILY
19 MEMBERSHIP AS PROVIDED FOR IN SECTION 212 OF THE ACT OF JULY 1,
20 1990 (P.L.1591, NO.7A), KNOWN AS THE "GENERAL APPROPRIATION ACT
21 OF 1990." FOR THE SCHOOL YEAR 1990-1991, THE COMMONWEALTH SHALL
22 PAY TO EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY
23 MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A
24 MARKET VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS
25 (0.5000) OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR
26 THE PRIOR SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED SEVENTY
27 DOLLARS ($170) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY
28 MEMBERSHIP. FOR THE SCHOOL YEAR 1990-1991, EACH SCHOOL DISTRICT
29 WITH A POPULATION PER SQUARE MILE OF LESS THAN NINETY (90),
30 WHICH OTHERWISE MEETS THE AVERAGE DAILY MEMBERSHIP AND MARKET
19970S0494B1913 - 38 -
1 VALUE/INCOME AID RATIO REQUIREMENTS OF THIS SECTION, OR RECEIVED
2 PAYMENTS UNDER THIS SECTION FOR THE PRIOR SCHOOL YEAR, SHALL
3 INSTEAD RECEIVE AN AMOUNT EQUAL TO ONE HUNDRED NINETY DOLLARS
4 ($190) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP.
5 FOR THE 1987-1988 SCHOOL YEAR THROUGH THE 1990-1991 SCHOOL YEAR,
6 NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF THIS SECTION
7 THAN IT DID FOR THE PRIOR SCHOOL YEAR. FOR THE SCHOOL YEAR 1994-
8 1995, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH
9 HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED
10 (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE
11 THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, AN AMOUNT EQUAL TO
12 NINETY FIVE DOLLARS ($95) MULTIPLIED BY THAT DISTRICT'S AVERAGE
13 DAILY MEMBERSHIP. FOR THE SCHOOL YEAR 1997-1998, THE
14 COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH HAS AN
15 AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED (1,500) OR
16 LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-
17 THOUSANDTHS (0.5000) OR GREATER, AN AMOUNT EQUAL TO SEVENTY-FIVE
18 DOLLARS ($75) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY
19 MEMBERSHIP.
20 SECTION 17. SECTION 2502.30 OF THE ACT, AMENDED JULY 11,
21 1996 (P.L.633, NO.107), IS AMENDED TO READ:
22 SECTION 2502.30. TEMPORARY SPECIAL AID TO SCHOOL DISTRICTS
23 SUFFERING LOSS OF TAX REVENUE DUE TO REDUCTION IN ASSESSED
24 VALUATION OF TAXABLE PROPERTY.--(A) TEMPORARY SPECIAL AID SHALL
25 BE PAID IN FISCAL YEARS 1994-1995, 1995-1996, 1996-1997 AND
26 1997-1998 TO SCHOOL DISTRICTS EXPERIENCING A SEVERE REDUCTION IN
27 LOCAL REVENUE DUE TO A DECLINE IN THE ASSESSED VALUE OF TAXABLE
28 PROPERTIES. THE ALLOCATION TO THESE DISTRICTS SHALL BE
29 DETERMINED BY MULTIPLYING THE REDUCTION IN ASSESSED VALUE
30 BETWEEN 1985-1986 AND 1992-1993 BY THE 1992-1993 REAL ESTATE
19970S0494B1913 - 39 -
1 MILLAGE RATE. THIS AID SHALL BE PAID FROM UNDISTRIBUTED FUNDS
2 NOT EXPENDED, ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR
3 GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT OF EDUCATION. NO
4 OTHER FUNDS SHALL BE USED FOR ASSISTANCE UNDER THIS SECTION.
5 THESE FUNDS SHALL BE SUFFICIENT TO PROVIDE TEMPORARY RELIEF TO
6 SEVEN SCHOOL DISTRICTS IN FISCAL YEAR 1995-1996 AT SEVENTY-FIVE
7 PER CENTUM (75%) OF THE FUNDS RECEIVED IN FISCAL YEAR 1994-1995,
8 IN FISCAL YEAR 1996-1997 AT FIFTY PER CENTUM (50%) OF THE FUNDS
9 RECEIVED IN FISCAL YEAR 1994-1995 AND IN FISCAL YEAR 1997-1998
10 AND 1998-1999 AT TWENTY-FIVE PER CENTUM (25%) OF THE FUNDS
11 RECEIVED IN FISCAL YEAR 1994-1995. THIS SECTION SHALL EXPIRE
12 OCTOBER 1, [1998] 1999.
13 (B) PAYMENTS MADE PURSUANT TO SUBSECTION (A) SHALL BE PAID
14 FROM A RESTRICTED RECEIPT ACCOUNT, WHICH IS HEREBY ESTABLISHED,
15 FOR SUCH PAYMENTS. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY
16 OF THE BUDGET TO THE RESTRICTED ACCOUNT ONLY TO THE EXTENT
17 NECESSARY TO MAKE THE PAYMENTS AUTHORIZED BY THIS SECTION. THE
18 MONEY IN THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED FROM THE
19 ACCOUNT FOR PURPOSES OF THIS SECTION.
20 SECTION 18. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
21 SECTION 2502.35. BASIC EDUCATION FUNDING FOR 1997-1998
22 SCHOOL YEAR.--FOR THE 1997-1998 SCHOOL YEAR, THE COMMONWEALTH
23 SHALL PAY TO EACH SCHOOL DISTRICT A BASIC EDUCATION FUNDING
24 ALLOCATION WHICH SHALL CONSIST OF THE FOLLOWING:
25 (1) AN AMOUNT EQUAL TO THE BASIC EDUCATION FUNDING
26 ALLOCATION FOR THE 1996-1997 SCHOOL YEAR PURSUANT TO SECTION
27 2502.33.
28 (2) A BASE SUPPLEMENT PAYABLE TO QUALIFYING SCHOOL
29 DISTRICTS.
30 (I) TO QUALIFY FOR THE BASE SUPPLEMENT, A SCHOOL DISTRICT'S
19970S0494B1913 - 40 -
1 1998-1999 MARKET VALUE/INCOME AID RATIO MUST BE EQUAL TO OR
2 GREATER THAN FOUR THOUSAND TEN-THOUSANDTHS (0.4000).
3 (II) THE BASE SUPPLEMENT IS CALCULATED FOR QUALIFYING SCHOOL
4 DISTRICTS AS FOLLOWS: MULTIPLY THE SCHOOL DISTRICT'S 1998-1999
5 MARKET VALUE/INCOME AID RATIO TIMES ITS 1997-1998 AVERAGE DAILY
6 MEMBERSHIP; MULTIPLY THIS PRODUCT TIMES EIGHTY-FIVE MILLION FIVE
7 HUNDRED THOUSAND DOLLARS ($85,500,000); DIVIDE THE RESULTANT
8 PRODUCT BY THE SUM OF THE PRODUCTS OF THE 1998-1999 MARKET
9 VALUE/INCOME AID RATIO TIMES THE 1997-1998 AVERAGE DAILY
10 MEMBERSHIP FOR ALL QUALIFYING DISTRICTS.
11 (3) A GROWTH SUPPLEMENT IS CALCULATED FOR QUALIFYING SCHOOL
12 DISTRICTS AS FOLLOWS: MULTIPLY THE INCREASE IN AVERAGE DAILY
13 MEMBERSHIP BETWEEN THE 1996-1997 AND 1997-1998 SCHOOL YEARS
14 TIMES FOUR HUNDRED DOLLARS ($400).
15 (4) A POVERTY SUPPLEMENT TO QUALIFYING SCHOOL DISTRICTS.
16 (I) TO QUALIFY FOR THE POVERTY SUPPLEMENT, THE NUMBER OF
17 CHILDREN IN LOW-INCOME FAMILIES RESIDING IN THE DISTRICT FOR THE
18 1997 CALENDAR YEAR DIVIDED BY THE DISTRICT'S AVERAGE DAILY
19 MEMBERSHIP FOR THE 1997-1998 SCHOOL YEAR MUST BE GREATER THAN OR
20 EQUAL TO TEN PER CENTUM (10%).
21 (II) THE POVERTY SUPPLEMENT IS CALCULATED FOR QUALIFYING
22 SCHOOL DISTRICTS BY MULTIPLYING THE NUMBER OF CHILDREN IN LOW-
23 INCOME FAMILIES AS DEFINED IN SECTION 2501(21) RESIDING IN THE
24 DISTRICT FOR THE 1997 CALENDAR YEAR TIMES FIFTY DOLLARS ($50).
25 (5) EACH SCHOOL DISTRICT WILL BE GUARANTEED A MINIMUM
26 INCREASE TO BE CALCULATED AS FOLLOWS:
27 (I) EACH SCHOOL DISTRICT WITH A 1998-1999 MARKET
28 VALUE/INCOME AID RATIO EQUAL TO OR GREATER THAN SEVEN THOUSAND
29 TEN-THOUSANDTHS (0.7000) WILL RECEIVE ADDITIONAL FUNDING, AS
30 NECESSARY, SO THAT THE SUM OF THE AMOUNTS IN CLAUSES (2), (3),
19970S0494B1913 - 41 -
1 (4) AND (5) WILL EQUAL AT LEAST FOUR PER CENTUM (4%) OF THE
2 AMOUNT IN CLAUSE (1).
3 (II) EACH SCHOOL DISTRICT WITH A 1998-1999 MARKET
4 VALUE/INCOME AID RATIO LESS THAN SEVEN THOUSAND TEN-THOUSANDTHS
5 (0.7000) WILL RECEIVE ADDITIONAL FUNDING, AS NECESSARY, SO THAT
6 THE SUM OF THE AMOUNTS IN CLAUSES (2), (3), (4) AND (5) WILL
7 EQUAL AT LEAST ONE PER CENTUM (1%) OF THE AMOUNT IN CLAUSE (1).
8 SECTION 19. SECTION 2509.1(D)(4) OF THE ACT, AMENDED JUNE
9 25, 1997 (P.L.297, NO.30), IS AMENDED AND THE SECTION IS AMENDED
10 BY ADDING A SUBSECTION TO READ:
11 SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *
12 (B.6) UP TO NINE MILLION DOLLARS ($9,000,000) MAY BE
13 UTILIZED FOR PROGRAMS ADMINISTERED AND OPERATED DURING THE 1998-
14 1999 SCHOOL YEAR FOR INSTITUTIONALIZED CHILDREN BY INTERMEDIATE
15 UNITS AS ESTABLISHED IN SUBSECTION (B.1).
16 * * *
17 (D) * * *
18 [(4) FOR THE 1998-1999 SCHOOL YEAR, EACH INTERMEDIATE UNIT
19 WHICH IS COTERMINOUS TO A SCHOOL DISTRICT OF THE FIRST CLASS OR
20 FIRST CLASS A SHALL BE PAID A PROPORTIONATE SHARE OF TEN MILLION
21 THREE HUNDRED THOUSAND DOLLARS ($10,300,000) BASED ON THE AMOUNT
22 RECEIVED BY THE INTERMEDIATE UNIT FOR THE COST OF OPERATING AND
23 ADMINISTERING CLASSES OR SCHOOLS FOR CHILDREN WITH
24 EXCEPTIONALITIES, AS APPROVED BY THE DEPARTMENT OF EDUCATION FOR
25 THE 1990-1991 SCHOOL YEAR.]
26 * * *
27 SECTION 20. SECTION 2509.3 OF THE ACT, AMENDED JUNE 30, 1995
28 (P.L.220, NO.26), IS AMENDED TO READ:
29 SECTION 2509.3. PAYMENTS ON ACCOUNT OF TRANSPORTATION OF
30 NONPUBLIC SCHOOL PUPILS.--EACH SCHOOL DISTRICT, REGARDLESS OF
19970S0494B1913 - 42 -
1 CLASSIFICATION, SHALL BE PAID BY THE COMMONWEALTH THE SUM OF
2 THIRTY-FIVE DOLLARS ($35) FOR EACH NONPUBLIC SCHOOL PUPIL
3 TRANSPORTED IN THE SCHOOL YEAR 1978-1979 THROUGH THE SCHOOL YEAR
4 1983-1984. FOR THE SCHOOL YEAR 1984-1985 THROUGH THE SCHOOL YEAR
5 1989-1990, EACH SCHOOL DISTRICT SHALL BE PAID THE SUM OF SEVENTY
6 DOLLARS ($70) FOR EACH NONPUBLIC SCHOOL PUPIL TRANSPORTED. FOR
7 THE SCHOOL YEARS 1990-1991 AND 1991-1992, EACH SCHOOL DISTRICT
8 SHALL BE PAID THE SUM OF ONE HUNDRED TWENTY-FOUR DOLLARS ($124)
9 FOR EACH NONPUBLIC SCHOOL PUPIL TRANSPORTED. FOR THE SCHOOL YEAR
10 1992-1993 AND THE 1993-1994 SCHOOL YEAR, EACH SCHOOL DISTRICT
11 SHALL BE PAID THE SUM OF ONE HUNDRED FIFTY-NINE DOLLARS ($159)
12 FOR EACH NONPUBLIC SCHOOL PUPIL TRANSPORTED. FOR THE SCHOOL YEAR
13 1994-1995 [AND EACH SCHOOL YEAR THEREAFTER,] THROUGH THE SCHOOL
14 YEAR 1996-1997, EACH SCHOOL DISTRICT SHALL BE PAID THE SUM OF
15 TWO HUNDRED DOLLARS ($200) FOR EACH NONPUBLIC SCHOOL PUPIL
16 TRANSPORTED. FOR THE SCHOOL YEAR 1997-1998 AND EACH SCHOOL YEAR
17 THEREAFTER, EACH SCHOOL DISTRICT SHALL BE PAID THE SUM OF TWO
18 HUNDRED EIGHTY-FIVE DOLLARS ($285) FOR EACH NONPUBLIC SCHOOL
19 PUPIL TRANSPORTED.
20 SECTION 21. SECTION 2509.5 OF THE ACT IS AMENDED BY ADDING
21 SUBSECTIONS TO READ:
22 SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL
23 DISTRICTS.--* * *
24 (P) DURING THE 1998-1999 SCHOOL YEAR, EACH SCHOOL DISTRICT
25 SHALL BE PAID:
26 (1) AN AMOUNT TO BE DETERMINED BY MULTIPLYING FIFTEEN
27 PERCENT (15%) OF ITS SCHOOL-AGE AVERAGE DAILY MEMBERSHIP BY ONE
28 THOUSAND TWO HUNDRED SIXTY DOLLARS ($1,260); AND
29 (2) AN AMOUNT TO BE DETERMINED BY MULTIPLYING ONE PERCENT
30 (1%) OF ITS SCHOOL-AGE AVERAGE DAILY MEMBERSHIP BY THIRTEEN
19970S0494B1913 - 43 -
1 THOUSAND NINE HUNDRED FIFTY-FIVE DOLLARS ($13,955).
2 (Q) DURING THE 1998-1999 SCHOOL YEAR, A PORTION OF THE FUNDS
3 APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR SPECIAL
4 EDUCATION SHALL BE AVAILABLE TO PROVIDE SUPPLEMENTAL FUNDING FOR
5 SPECIAL EDUCATION TO SCHOOL DISTRICTS WHICH OPERATE SPECIAL
6 EDUCATION PROGRAMS. ONLY SCHOOL DISTRICTS THAT QUALIFY UNDER THE
7 PROVISIONS OF SUBSECTION (R) WILL BE ELIGIBLE TO RECEIVE THIS
8 SUPPLEMENTAL SPECIAL EDUCATION FUNDING.
9 (R) SCHOOL DISTRICTS WILL QUALIFY FOR SUPPLEMENTAL PAYMENTS
10 UNDER SUBSECTION (Q) IF:
11 (1) (I) THE SCHOOL DISTRICT'S SPECIAL EDUCATION
12 EXPENDITURES FOR THE 1995-1996 SCHOOL YEAR, AS A PERCENTAGE OF
13 THE SUM OF THE SCHOOL DISTRICT'S 1995-1996 SCHOOL YEAR
14 EXPENDITURES FOR REGULAR EDUCATION, VOCATIONAL-TECHNICAL
15 EDUCATION AND SPECIAL EDUCATION IS EQUAL TO OR GREATER THAN THE
16 SPECIAL EDUCATION EXPENDITURES OF ALL SCHOOL DISTRICTS FOR THE
17 1995-1996 SCHOOL YEAR, AS A PERCENTAGE OF THE SUM OF THE 1995-
18 1996 SCHOOL YEAR EXPENDITURES OF ALL SCHOOL DISTRICTS FOR
19 REGULAR EDUCATION, VOCATIONAL-TECHNICAL EDUCATION AND SPECIAL
20 EDUCATION; AND
21 (II) THE SCHOOL DISTRICT'S MARKET VALUE/INCOME AID RATIO FOR
22 THE 1997-1998 SCHOOL YEAR IS EQUAL TO OR GREATER THAN SIX
23 THOUSAND TEN-THOUSANDTHS (.6000); AND
24 (III) THE SCHOOL DISTRICT'S EQUALIZED MILLAGE FOR THE 1995-
25 1996 SCHOOL YEAR IS EQUAL TO OR GREATER THAN TWENTY-ONE (21.0);
26 OR
27 (2) THE SCHOOL DISTRICT SATISFIES THE CRITERION SET FORTH IN
28 SUBSECTION (R)(1)(I), DOES NOT SATISFY THE CRITERION SET FORTH
29 IN SUBSECTION (R)(1)(II) BUT THE SCHOOL DISTRICT'S EQUALIZED
30 MILLAGE FOR THE 1995-1996 SCHOOL YEAR IS EQUAL TO OR GREATER
19970S0494B1913 - 44 -
1 THAN TWENTY-FIVE (25.0); OR
2 (3) THE SCHOOL DISTRICT DOES NOT SATISFY THE CRITERIA OF
3 SUBSECTIONS (R)(1) OR (2) BUT DOES SATISFY THE FOLLOWING:
4 (I) THE NUMBER OF SCHOOL-AGE CHILDREN IN LOW-INCOME FAMILIES
5 AS DEFINED IN SECTION 2501(21) FOR CALENDAR YEAR 1996 IS EQUAL
6 TO OR GREATER THAN THIRTEEN PERCENT (13%) OF THE SCHOOL
7 DISTRICT'S 1996-1997 SCHOOL YEAR AVERAGE DAILY MEMBERSHIP; AND
8 (II) THE SCHOOL DISTRICT'S MARKET VALUE/INCOME AID RATIO FOR
9 THE 1997-1998 SCHOOL YEAR IS EQUAL TO OR GREATER THAN FIVE
10 THOUSAND FIVE HUNDRED TEN THOUSANDTHS (.5500).
11 (S) QUALIFYING SCHOOL DISTRICTS WILL RECEIVE AN ADDITIONAL
12 TWENTY PERCENT (20%) OF THE AMOUNT CALCULATED AT SUBSECTION
13 (P)(1) OF THIS SECTION. THIS AMOUNT SHALL BE PAID PURSUANT TO
14 THE PAYMENT SCHEDULE ESTABLISHED IN SUBSECTION (C) OF THIS
15 SECTION. DURING THE 1998-1999 SCHOOL YEAR, HOWEVER, NO SCHOOL
16 DISTRICT SHALL RECEIVE LESS PAYMENT UNDER SUBSECTION (P) AND
17 SUBSECTION (R) THAN THE AMOUNT OF THE PAYMENTS THE SCHOOL
18 DISTRICT RECEIVED DURING THE 1997-1998 SCHOOL YEAR UNDER
19 SUBSECTIONS (L) AND (M) OF THIS SECTION.
20 (T) ADDITIONALLY, DURING THE 1998-1999 SCHOOL YEAR, EACH
21 SCHOOL DISTRICT OF THE FIRST CLASS OR FIRST CLASS A BELONGING TO
22 AN INTERMEDIATE UNIT THE BOUNDARY OF WHICH IS COTERMINUS WITH
23 THAT OF THE SCHOOL DISTRICT SHALL RECEIVE A PROPORTIONATE SHARE
24 OF TEN MILLION THREE HUNDRED THOUSAND DOLLARS ($10,300,000)
25 BASED ON THE AMOUNT RECEIVED BY ITS COTERMINUS INTERMEDIATE UNIT
26 FOR THE COST OF OPERATING AND ADMINISTERING CLASSES OR SCHOOLS
27 FOR STUDENTS WITH EXCEPTIONALITIES, AS APPROVED BY THE
28 DEPARTMENT OF EDUCATION FOR THE 1990-1991 SCHOOL YEAR. THIS
29 AMOUNT WILL BE ADDED TO THE SCHOOL DISTRICT'S PAYMENT UNDER
30 SUBSECTION (Q). PROVIDED, HOWEVER, THAT DURING THE 1998-1999
19970S0494B1913 - 45 -
1 SCHOOL YEAR, NO SCHOOL DISTRICT OF THE FIRST CLASS OR FIRST
2 CLASS A WILL RECEIVE LESS PAYMENT UNDER THIS SUBSECTION AND
3 SUBSECTION (Q) THAN THE AMOUNT OF THE PAYMENTS THE SCHOOL
4 DISTRICT'S COTERMINUS INTERMEDIATE UNIT RECEIVED DURING THE
5 1997-1998 SCHOOL YEAR UNDER SECTION 2509.1(D)(3).
6 SECTION 22. SECTION 2595 OF THE ACT, REPEALED JUNE 25, 1997
7 (P.L.297, NO.30), IS REENACTED AND AMENDED TO READ:
8 SECTION 2595. SCHOOL PERFORMANCE INCENTIVES.--[(A) THE
9 PURPOSE OF THIS SECTION IS TO ESTABLISH A PROGRAM OF SCHOOL
10 PERFORMANCE INCENTIVES TO REWARD SIGNIFICANT EDUCATIONAL
11 IMPROVEMENTS, TO EVOKE FURTHER SCHOOL PERFORMANCE IMPROVEMENT
12 AND TO FOSTER COLLEGIAL PARTICIPATION BY SCHOOL EMPLOYES IN
13 IMPROVING SCHOOL PERFORMANCE.
14 (B) ANY PUBLIC ELEMENTARY SCHOOL, SECONDARY SCHOOL OR AREA
15 VOCATIONAL-TECHNICAL SCHOOL IS ELIGIBLE TO PARTICIPATE IN THE
16 SCHOOL PERFORMANCE PROGRAM.
17 (C) (1) SCHOOL PERFORMANCE WILL BE DETERMINED BY
18 IMPROVEMENTS IN STUDENT ACCOMPLISHMENT USING THE FOLLOWING
19 CRITERIA:
20 (I) STUDENT ACHIEVEMENT AS MEASURED BY PERFORMANCE ON TESTS
21 DEVELOPED OR APPROVED BY THE STATE BOARD THROUGH REGULATION AND
22 PURSUANT TO THIS ACT;
23 (II) DROPOUT RATES AS MEASURED BY THE INCREASE IN THE
24 PROPORTION OF STUDENTS CONTINUING THEIR EDUCATION IN GRADES
25 SEVEN THROUGH TWELVE; OR
26 (III) STUDENTS PREPARED TO GO ON TO HIGHER EDUCATION AS
27 MEASURED BY AN INCREASE IN THE PROPORTION OF HIGH SCHOOL
28 STUDENTS TAKING THE SCHOLASTIC APTITUDE TESTS AND AN INCREASE IN
29 THE AVERAGE SCORES ON SCHOLASTIC APTITUDE TESTS.
30 (2) IMPROVEMENTS IN SCHOOL PERFORMANCE SHALL BE CALCULATED
19970S0494B1913 - 46 -
1 ON PERFORMANCE LEVELS DURING THE YEAR PRIOR TO THE YEAR IN WHICH
2 INCENTIVE PAYMENTS ARE MADE COMPARED TO PERFORMANCE LEVELS
3 DURING EITHER THE IMMEDIATELY PRECEDING YEAR OR THE AVERAGE OF
4 THE TWO IMMEDIATELY PRECEDING YEARS.
5 (3) ALL DATA SUBMISSIONS FROM THE SCHOOLS SHALL BE SUBJECT
6 TO AUDIT, AND ANY INCENTIVE PAYMENT AMOUNTS SUBSEQUENTLY
7 DETERMINED TO BE EXCESSIVE DUE TO INAPPROPRIATE DATA SHALL BE
8 DEDUCTED FROM SUBSEQUENT EQUALIZED SUBSIDY FOR BASIC EDUCATION
9 PAYMENTS.
10 (4) THE SECRETARY OF EDUCATION SHALL MONITOR AND EVALUATE
11 THE CRITERIA FOR SELECTION OF SCHOOLS AND SHALL ANNUALLY
12 DETERMINE AND PUBLISH THE REQUIRED LEVEL OF PERFORMANCE
13 IMPROVEMENT FOR SCHOOLS TO BE AWARDED INCENTIVE PAYMENTS.
14 BEGINNING WITH PAYMENTS TO BE MADE DURING THE 1990-1991 FISCAL
15 YEAR, ANY REVISIONS SHALL BE PROPOSED ON OR BEFORE SEPTEMBER 1
16 OF THE FISCAL YEAR PRIOR TO THE FISCAL YEAR IN WHICH THE
17 INCENTIVE PAYMENTS ARE TO BE DISTRIBUTED.
18 (D) THE SECRETARY OF EDUCATION SHALL AWARD ON ACCOUNT OF
19 EACH SCHOOL THAT MEETS THE REQUIRED LEVEL OF PERFORMANCE
20 IMPROVEMENT AN AMOUNT DETERMINED BY DIVIDING THE TOTAL FULL-TIME
21 EQUIVALENT PROFESSIONAL EMPLOYES OF THE QUALIFYING SCHOOLS INTO
22 THE AMOUNT ANNUALLY APPROPRIATED FOR THE SCHOOL PERFORMANCE
23 INCENTIVES. ALL AWARDS SHALL BE LIMITED TO FUNDS APPROPRIATED
24 FOR THIS PURPOSE. THE INCENTIVE AWARDS WILL BE DISTRIBUTED TO
25 THE SCHOOL DISTRICTS BASED ON THE NUMBER OF FULL-TIME EQUIVALENT
26 PROFESSIONAL EMPLOYES AT THE QUALIFYING SCHOOL. EACH SCHOOL
27 PERFORMANCE INCENTIVE PAYMENT SHALL BE MADE IN A SINGLE PAYMENT,
28 AND THE SECRETARY OF EDUCATION SHALL DRAW HIS REQUISITION UPON
29 THE STATE TREASURER IN FAVOR OF EACH SCHOOL DISTRICT WITH
30 QUALIFYING SCHOOLS.
19970S0494B1913 - 47 -
1 (E) (1) INCENTIVE FUNDS SHALL BE PAID TO THE SCHOOL
2 DISTRICT FOR USE ONLY BY SCHOOLS WHICH QUALIFY PURSUANT TO
3 SUBSECTION (C). PAYMENTS RECEIVED BY SCHOOL DISTRICTS WITH
4 QUALIFYING SCHOOLS MAY BE APPLIED TO ONE OR MORE OF THE
5 FOLLOWING USES:
6 (I) TEACHING MATERIALS, INCLUDING BOOKS, AUDIO-VISUAL AIDS
7 AND COMPUTER SOFTWARE.
8 (II) INITIATIVES WHICH REACH TO FAMILIES TO EVOKE HOME
9 SUPPORT OF THE WORK OF THE SCHOOL AND OTHERWISE INVOLVE FAMILIES
10 IN THE SCHOOL.
11 (III) ASSISTANCE IN THE INTRODUCTION OR ADVANCEMENT OF
12 CURRICULAR AND INSTRUCTIONAL IMPROVEMENTS.
13 (IV) OTHER USES REASONABLY EXPECTED TO IMPROVE SCHOOL
14 PERFORMANCE OR TO ENHANCE TEACHING AND LEARNING OR THE
15 EDUCATIONAL CLIMATE OF THE SCHOOL.
16 (2) USES OF INCENTIVE FUNDS, AS PROVIDED FOR IN CLAUSE (1)
17 OF THIS SUBSECTION, IN EACH SCHOOL SHALL BE DETERMINED BY THE
18 REGULAR FULL-TIME AND PART-TIME SCHOOL EMPLOYES IN THE SCHOOL
19 THROUGH A SELECTION PROCESS OF THEIR CHOICE.
20 (F) INCENTIVE FUNDS PROVIDED PURSUANT TO THIS SECTION SHALL
21 BE USED TO SUPPLEMENT AND NOT TO SUPPLANT ANY OTHER SOURCES OF
22 FUNDS FOR THE OPERATION OF THE QUALIFYING SCHOOLS AND THE
23 INSTRUCTIONAL PROGRAM OF SUCH SCHOOLS.
24 (G) (1) EACH SCHOOL DISTRICT RECEIVING A SCHOOL PERFORMANCE
25 INCENTIVE PAYMENT SHALL REPORT TO THE SECRETARY OF EDUCATION NO
26 LATER THAN OCTOBER 31 OF THE FISCAL YEAR FOLLOWING THE YEAR IN
27 WHICH SUCH FUNDS WERE EXPENDED ON THE USE OF THE FUNDS, THE
28 RESULTS OF THE USE OF SUCH FUNDS AND THE MAINTENANCE OF THE
29 FISCAL EFFORT ON BEHALF OF QUALIFYING SCHOOL BUILDINGS OF SUCH
30 SCHOOL DISTRICTS. REPORTS BY SCHOOL DISTRICTS, AS PROVIDED FOR
19970S0494B1913 - 48 -
1 IN THIS SUBSECTION, SHALL BE SUBMITTED IN A FORM DETERMINED BY
2 THE SECRETARY OF EDUCATION.
3 (2) THE SECRETARY OF EDUCATION SHALL FILE A REPORT BY THE
4 END OF THE 1998-1999 FISCAL YEAR AND ANNUALLY THEREAFTER WITH
5 THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
6 EDUCATION COMMITTEE OF THE SENATE A REPORT ON THE OPERATION OF
7 THE SCHOOL PERFORMANCE INCENTIVES PROGRAM PROVIDED FOR HEREIN,
8 INCLUDING ANY RECOMMENDATIONS FOR CHANGES IN THE SELECTION
9 CRITERIA.
10 (3) BY SEPTEMBER 15, 1992, THE SECRETARY OF EDUCATION SHALL
11 REPORT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION
12 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND TO THE CHAIRMAN
13 AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE SENATE
14 ON: THE IDENTIFICATION OF EXEMPLARY EDUCATIONAL PROGRAMS
15 INITIATED IN VARIOUS SCHOOLS WHICH RESULTED IN SUPERIOR
16 PERFORMANCE IMPROVEMENT; RECOMMENDATIONS OF METHODS OF
17 ENCOURAGING REPLICATION OF THESE PROGRAMS; AND EVALUATION AND
18 RECOMMENDATIONS ON WHETHER THESE PROGRAMS SHOULD BE CONTINUED OR
19 ALTERED.
20 (H) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DEPRIVE
21 ANY EMPLOYE, ANY EMPLOYE ORGANIZATION OR ANY PUBLIC EMPLOYER OF
22 ANY RIGHTS, INCLUDING RIGHTS OF REPRESENTATION, ENJOYED UNDER
23 THE ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC
24 EMPLOYE RELATIONS ACT," OR UNDER OTHER PROVISIONS OF THIS ACT.]
25 (A) THE PURPOSE OF THIS SECTION IS TO ESTABLISH A PROGRAM OF
26 SCHOOL PERFORMANCE INCENTIVES TO REWARD SIGNIFICANT EDUCATIONAL
27 IMPROVEMENTS, TO EVOKE FURTHER SCHOOL PERFORMANCE IMPROVEMENT
28 AND TO FOSTER COLLEGIAL PARTICIPATION BY SCHOOL EMPLOYES IN
29 IMPROVING SCHOOL PERFORMANCE.
30 (B) ANY PUBLIC ELEMENTARY SCHOOL, SECONDARY SCHOOL OR AREA
19970S0494B1913 - 49 -
1 VOCATIONAL-TECHNICAL SCHOOL IS ELIGIBLE TO PARTICIPATE IN THE
2 SCHOOL PERFORMANCE PROGRAM.
3 (C) (1) SCHOOL PERFORMANCE WILL BE DETERMINED BY
4 IMPROVEMENTS IN STUDENT ACCOMPLISHMENT USING THE FOLLOWING
5 CRITERIA:
6 (I) STUDENT ACHIEVEMENT AS MEASURED BY PERFORMANCE ON
7 ASSESSMENTS DEVELOPED BY THE DEPARTMENT OR BY THE STATE BOARD OF
8 EDUCATION THROUGH REGULATION AND PURSUANT TO THIS ACT;
9 (II) GRADUATION RATES AS MEASURED BY THE INCREASE IN THE
10 PROPORTION OF STUDENTS CONTINUING THEIR EDUCATION IN GRADES NINE
11 THROUGH TWELVE;
12 (III) ATTENDANCE RATES AS MEASURED BY AN INCREASE IN THE
13 PROPORTION OF STUDENTS ATTENDING SCHOOL ON A REGULAR BASIS; OR
14 (IV) RATES OF EMPLOYMENT RELATED TO THE TRAINING RECEIVED BY
15 AREA VOCATIONAL-TECHNICAL SCHOOL GRADUATES UNTIL SUCH TIME AS AN
16 OCCUPATIONAL COMPETENCY TESTING PROGRAM IS ESTABLISHED AND WHICH
17 MEETS THE MEASUREMENT REQUIREMENTS IN THIS SECTION.
18 (2) IMPROVEMENTS IN SCHOOL PERFORMANCE SHALL BE CALCULATED
19 ON PERFORMANCE LEVELS COMPARING THE ASSESSMENT RESULTS FROM ONE
20 SCHOOL YEAR TO THE AVERAGE OF TWO OR MORE YEARS, AS DETERMINED
21 BY THE DEPARTMENT OF EDUCATION.
22 (3) ALL DATA SUBMISSIONS FROM THE SCHOOLS SHALL BE SUBJECT
23 TO AUDIT, AND ANY INCENTIVE PAYMENT AMOUNTS SUBSEQUENTLY
24 DETERMINED TO BE EXCESSIVE DUE TO INAPPROPRIATE DATA SHALL BE
25 DEDUCTED FROM SUBSEQUENT BASIC EDUCATION FUNDING PAYMENTS.
26 (4) THE SECRETARY OF EDUCATION SHALL MONITOR AND EVALUATE
27 THE CRITERIA FOR SELECTION OF SCHOOLS AND SHALL ANNUALLY
28 DETERMINE AND PUBLISH THE REQUIRED LEVEL OF PERFORMANCE
29 IMPROVEMENT FOR SCHOOLS TO BE AWARDED INCENTIVE PAYMENTS.
30 (D) THE SECRETARY OF EDUCATION SHALL AWARD ON ACCOUNT OF
19970S0494B1913 - 50 -
1 EACH SCHOOL THAT MEETS THE REQUIRED LEVEL OF PERFORMANCE
2 IMPROVEMENT AN AMOUNT DETERMINED BY MULTIPLYING THE NUMBER OF
3 STUDENTS IN THE SCHOOL BY THE FIXED AMOUNT PER STUDENT
4 ESTABLISHED ANNUALLY WHEN THE APPROPRIATION FOR THE SCHOOL
5 PERFORMANCE INCENTIVES FUNDING IS ESTABLISHED. ALL AWARDS SHALL
6 BE LIMITED TO FUNDS APPROPRIATED FOR THIS PURPOSE. THE INCENTIVE
7 AWARDS WILL BE DISTRIBUTED TO THE SCHOOL DISTRICTS BASED ON THE
8 NUMBER OF STUDENTS ENROLLED IN THE QUALIFYING SCHOOL OCTOBER 1
9 OF THE SCHOOL YEAR IN WHICH THE CRITERIA FOR THE AWARD WAS MET.
10 EACH SCHOOL PERFORMANCE INCENTIVE PAYMENT SHALL BE MADE IN A
11 SINGLE PAYMENT, AND THE SECRETARY OF EDUCATION SHALL DRAW HIS
12 REQUISITION UPON THE STATE TREASURER IN FAVOR OF EACH SCHOOL
13 DISTRICT WITH QUALIFYING SCHOOLS.
14 (E) (1) INCENTIVE FUNDS SHALL BE PAID TO THE SCHOOL
15 DISTRICT FOR USE ONLY BY SCHOOLS WHICH QUALIFY PURSUANT TO
16 SUBSECTION (C). PAYMENTS RECEIVED BY SCHOOL DISTRICTS WITH
17 QUALIFYING SCHOOLS MAY BE APPLIED TO ONE OR MORE OF THE
18 FOLLOWING USES:
19 (I) INSTRUCTIONAL EQUIPMENT AND MATERIALS, INCLUDING, BUT
20 NOT LIMITED TO, TEXTBOOKS, LIBRARY HOLDINGS, LABORATORY
21 EQUIPMENT AND SUPPLIES; COMPUTERS, SOFTWARE, TELECOMMUNICATIONS
22 EQUIPMENT AND SUPPORT SERVICES; FACILITIES AND SUPPORT SERVICES
23 FOR DISTANCE LEARNING AND STAFF DEVELOPMENT.
24 (II) INITIATIVES WHICH INVOLVE PARENTS AND FAMILIES IN THE
25 SCHOOL.
26 (III) ASSISTANCE IN THE INTRODUCTION OR ADVANCEMENT OF
27 CURRICULAR AND INSTRUCTIONAL IMPROVEMENTS.
28 (IV) OTHER USES REASONABLY EXPECTED TO IMPROVE SCHOOL
29 PERFORMANCE OR TO ENHANCE TEACHING AND LEARNING IN THE SCHOOL.
30 (V) AT LEAST FIFTY PERCENT (50%) OF THE AMOUNT RECEIVED MUST
19970S0494B1913 - 51 -
1 BE SPENT ON THE PLANNING, DELIVERY AND ASSESSMENT OF THE
2 SCHOOL'S INSTRUCTIONAL PROGRAM, INCLUDING STAFF DEVELOPMENT FOR
3 THESE PURPOSES.
4 (VI) NO MORE THAN TWENTY-FIVE PERCENT (25%) OF THE TOTAL
5 RECEIVED FOR THE QUALIFYING SCHOOL SHALL BE FOR DIRECT PAYMENTS
6 TO THE PROFESSIONAL EMPLOYES OF THE SCHOOL.
7 (2) USES OF INCENTIVE FUNDS, AS PROVIDED IN CLAUSE (1) OF
8 THIS SUBSECTION, IN EACH SCHOOL SHALL BE DETERMINED BY A
9 COMMITTEE CHAIRED BY THE PRINCIPAL OF THE SCHOOL AND COMPOSED OF
10 TEACHERS, SUPPORT PERSONNEL, PARENTS, COMMUNITY AND BUSINESS
11 REPRESENTATIVES.
12 (F) INCENTIVE FUNDS PROVIDED PURSUANT TO THIS SECTION SHALL
13 BE USED TO SUPPLEMENT AND NOT TO SUPPLANT ANY OTHER SOURCES OF
14 FUNDS FOR THE OPERATION OF QUALIFYING SCHOOLS AND THE
15 INSTRUCTIONAL PROGRAM OF SUCH SCHOOLS.
16 (G) (1) EACH SCHOOL DISTRICT WITH ONE OR MORE SCHOOLS
17 RECEIVING A SCHOOL PERFORMANCE INCENTIVE PAYMENT SHALL REPORT TO
18 THE SECRETARY OF EDUCATION NO LATER THAN OCTOBER 31 OF THE
19 FISCAL YEAR FOLLOWING THE YEAR IN WHICH SUCH FUNDS WERE EXPENDED
20 ON THE USE OF THE FUNDS, THE RESULTS OF THE USE OF SUCH FUNDS
21 AND THE MAINTENANCE OF THE FISCAL EFFORT ON BEHALF OF THE
22 QUALIFIED SCHOOL BUILDINGS OF SUCH SCHOOL DISTRICTS. REPORTS BY
23 SCHOOL DISTRICTS, AS PROVIDED FOR IN THIS SUBSECTION, SHALL BE
24 SUBMITTED IN A FORM DETERMINED BY THE SECRETARY OF EDUCATION.
25 (2) THE SECRETARY OF EDUCATION SHALL FILE A REPORT BY THE
26 END OF 1998-1999 FISCAL YEAR AND ANNUALLY THEREAFTER WITH THE
27 EDUCATION COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE OF
28 THE HOUSE OF REPRESENTATIVES A REPORT ON THE OPERATION OF THE
29 SCHOOL PERFORMANCE INCENTIVES PROGRAM PROVIDED FOR HEREIN,
30 INCLUDING ANY RECOMMENDATIONS FOR CHANGES IN THE SELECTION
19970S0494B1913 - 52 -
1 CRITERIA.
2 (H) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO
3 SUPERSEDE OR PREEMPT ANY PROVISIONS OF A COLLECTIVE BARGAINING
4 AGREEMENT NEGOTIATED BY A SCHOOL AND THE EMPLOYE ORGANIZATION
5 DISTRICT, INTERMEDIATE UNIT OR AREA VOCATIONAL-TECHNICAL SCHOOL
6 THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
7 SECTION 23. SECTION 2598 OF THE ACT IS REPEALED.
8 SECTION 24. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
9 SECTION 2599. ADMINISTRATIVE/INSTRUCTIONAL CONSOLIDATION
10 INCENTIVES.--(A) THE PURPOSE OF THIS SECTION IS TO ESTABLISH A
11 PROGRAM OF INCENTIVES TO SCHOOL ENTITIES TO ENCOURAGE GREATER
12 EFFICIENCY IN THE MANAGEMENT OF SCHOOLS AND THE CONSOLIDATION OF
13 ADMINISTRATIVE AND INSTRUCTIONAL PROGRAMMING.
14 (B) ANY SCHOOL DISTRICT, AREA VOCATIONAL-TECHNICAL SCHOOL,
15 INTERMEDIATE UNIT OR JOINT SCHOOL IS ELIGIBLE TO PARTICIPATE IN
16 THE CONSOLIDATION INCENTIVES PROGRAM AND SHALL BE CONSIDERED A
17 SCHOOL ENTITY FOR THE PURPOSES OF THIS SECTION.
18 (C) FUNDING WILL BE PROVIDED ONLY TO PROGRAMS WHICH HAVE THE
19 PARTICIPATION OF TWO OR MORE SCHOOL ENTITIES. FUNDING WILL BE
20 PROVIDED FOR PROGRAMS WHICH ARE INITIATED AFTER JULY 1, 1998.
21 (D) (1) FUNDING WILL BE PROVIDED THROUGH A COMPETITIVE
22 REQUEST FOR PROPOSAL PROCESS. PROPOSALS WILL BE EVALUATED BY A
23 TEAM OF DEPARTMENT OF EDUCATION AND NONDEPARTMENT PERSONNEL. THE
24 EVALUATIONS WILL BE COMPLETED AND FUNDS AWARDED IN THE SECOND
25 SEMESTER OF THE SCHOOL YEAR FOLLOWING THE SUBMISSION OF A
26 PROPOSAL.
27 (2) FUNDS MAY BE AWARDED FOR TWO YEARS. SCHOOL ENTITIES MAY
28 BE AWARDED UP TO FIFTY PERCENT (50%) OF THE SAVINGS THE FIRST
29 YEAR. THE AWARD IN THE SECOND YEAR MAY BE UP TO ONE-HALF OF THE
30 AMOUNT OF THE FIRST YEAR'S AWARD.
19970S0494B1913 - 53 -
1 (3) THE DEPARTMENT OF EDUCATION WILL ESTABLISH GENERAL
2 CRITERIA FOR QUALIFYING FOR THESE FUNDS:
3 (I) FOR RATING PURPOSES, SAVINGS WILL BE CALCULATED AS A
4 PERCENTAGE OF THE APPLICABLE PART OF THE BUDGETS OF THE ENTITIES
5 INVOLVED IN THE CONSOLIDATION;
6 (II) THE DEPARTMENT OF EDUCATION WILL ESTABLISH MULTIPLE
7 CATEGORIES TO ALLOW FOR AWARDS BASED ON THE SIZE AND VARIETY OF
8 PROPOSALS;
9 (III) AWARDS FOR CONSOLIDATION OF ADMINISTRATIVE SERVICES
10 MUST RESULT IN THE REDUCTION OF THE OVERALL ADMINISTRATIVE
11 COMPLEMENTS OF THE PARTICIPATING ENTITIES;
12 (IV) AWARDS FOR CONSOLIDATION OF INSTRUCTIONAL STAFF MUST
13 RESULT IN THE REDUCTION OF THE OVERALL STAFFING COMPLEMENT OF
14 THE PARTICIPATING ENTITIES OR THE PARTICIPATING SCHOOL ENTITIES
15 NOT HIRING ADDITIONAL PERSONNEL.
16 (4) ALL DATA SUBMISSIONS FROM THE SCHOOL ENTITIES SHALL BE
17 SUBJECT TO AUDIT, AND ANY INCENTIVE PAYMENTS SUBSEQUENTLY
18 DETERMINED TO BE EXCESSIVE DUE TO INAPPROPRIATE DATA WILL BE
19 DEDUCTED FROM SUBSEQUENT BASIC EDUCATION FUNDING PAYMENTS.
20 (5) INCENTIVE FUNDS SHALL BE PAID TO SCHOOL ENTITIES FOR USE
21 IN CONSOLIDATED PROGRAMS.
22 (6) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO
23 SUPERSEDE OR PREEMPT ANY PROVISIONS OF A COLLECTIVE BARGAINING
24 AGREEMENT NEGOTIATED BY A SCHOOL DISTRICT, INTERMEDIATE UNIT OR
25 AREA VOCATIONAL-TECHNICAL SCHOOL AND THE EMPLOYE ORGANIZATION
26 THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
27 SECTION 25. THE AMENDMENT OF SECTION 922.1-A OF THE ACT
28 SHALL APPLY TO SERVICES PROVIDED IN THE SCHOOL YEAR 1998-1999
29 AND EACH SCHOOL YEAR THEREAFTER.
30 SECTION 26. (A) A SCHOOL DISTRICT OF THE FIRST CLASS SHALL
19970S0494B1913 - 54 -
1 COMMENCE THE 1998-1999 SCHOOL YEAR NO LATER THAN SEPTEMBER 8,
2 1998, AND SHALL PROVIDE SCHOOL STUDENTS WITH A MINIMUM
3 INSTRUCTIONAL YEAR AS REQUIRED BY SECTION 1501 OF THE ACT TO BE
4 COMPLETED NO LATER THAN JUNE 30, 1999.
5 (B) ALL PROFESSIONAL EMPLOYEES AND OTHER EMPLOYEES OF THE
6 SCHOOL DISTRICT OF THE FIRST CLASS SHALL REPORT FOR DUTY AND
7 FULFILL THEIR DUTIES AS REQUIRED BY THE APPROPRIATE CONTRACT OR
8 WORK AGREEMENT. ANY EMPLOYEE OF THE SCHOOL DISTRICT OF THE FIRST
9 CLASS WHO FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION
10 SHALL BE SUBJECT TO SUSPENSION OF ANY CERTIFICATE FOR A PERIOD
11 OF ONE YEAR, TO DISCIPLINARY ACTION FOR ILLEGAL WORK STOPPAGE,
12 OR TO OTHER DISCIPLINE AS PROVIDED FOR IN THIS ACT.
13 (C) IN ADDITION TO THE PENALTIES SET FORTH IN SUBSECTION
14 (B), ANY EMPLOYEE, ADMINISTRATOR OR PERSON RESPONSIBLE FOR
15 UNLOCKING, OPENING OR MAINTAINING A SCHOOL BUILDING WHO DOES NOT
16 FULFILL THEIR RESPONSIBILITY OR IMPEDES OTHERS FROM FULFILLING
17 THEIR RESPONSIBILITIES, SHALL BE SUBJECT TO DISCIPLINARY ACTION.
18 IN ADDITION, ANY INDIVIDUAL WHO VIOLATES THIS SECTION WHO IS A
19 MEMBER OF THE PENNSYLVANIA PUBLIC SCHOOL EMPLOYEES RETIREMENT
20 SYSTEM SHALL BE PERMANENTLY BARRED FROM EXERCISING ANY OPTION
21 FOR EARLY RETIREMENT WHICH MAY BE AUTHORIZED NOW OR IN THE
22 FUTURE.
23 SECTION 27. THE PENNSYLVANIA SUPREME COURT SHALL HAVE
24 EXCLUSIVE JURISDICTION TO HEAR ANY CHALLENGE TO OR TO RENDER A
25 DECLARATORY JUDGMENT CONCERNING THE CONSTITUTIONALITY OF
26 SECTIONS 691(C) AND 696 OF THE ACT AND ISSUES RELATED TO
27 COLLECTIVE BARGAINING ARISING UNDER THOSE SECTIONS. THE SUPREME
28 COURT IS AUTHORIZED TO TAKE SUCH ACTION AS IT DEEMS APPROPRIATE,
29 CONSISTENT WITH THE SUPREME COURT RETAINING JURISDICTION OVER
30 SUCH A MATTER, TO FIND FACTS OR TO EXPEDITE A FINAL JUDGMENT IN
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1 CONNECTION WITH SUCH A CHALLENGE OR REQUEST FOR DECLARATORY
2 RELIEF.
3 SECTION 28. (A) THE ACT OF JULY 23, 1970 (P.L.563, NO.195),
4 KNOWN AS THE PUBLIC EMPLOYE RELATIONS ACT, IS REPEALED INSOFAR
5 AS IT IS INCONSISTENT WITH THE PROVISIONS OF THIS ACT.
6 (B) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
7 THEY ARE INCONSISTENT WITH THIS ACT.
8 SECTION 29. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
9 (1) THE AMENDMENT OR ADDITION OF SECTIONS 507, 691 AND
10 696 OF THE ACT SHALL TAKE EFFECT IMMEDIATELY.
11 (2) SECTIONS 26, 27 AND 28 OF THIS ACT AND THIS SECTION
12 SHALL TAKE EFFECT IMMEDIATELY.
13 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JULY 1,
14 1998.
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