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§ 25-2509.5. Special education payments to school districts

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: July 8, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XXV. Reimbursements by Commonwealth and Between School Districts (Refs & Annos)
Subarticle (b). Instruction
Effective: July 8, 2022
24 P.S. § 25-2509.5
§ 25-2509.5. Special education payments to school districts
Currentness
(a) This section applies to Commonwealth payments to school districts for the support of programs and services for exceptional children.
(b) During the 1991-1992 school year, each school district shall be paid:
(1) an amount to be determined by multiplying five hundred twenty-five dollars ($525) by seventeen percent (17%) of its average daily membership; and
(2) an amount to be determined by multiplying seven thousand dollars ($7,000) by one percent (1%) of its average daily membership.
(c) Payments to school districts pursuant to this section and any additional payments pursuant to sections 2509.6 and 2509.71 shall consist of an amount payable in six (6) installments as follows: in July, fifteen percent (15%) of the estimated amount due; in September, fifteen percent (15%) of the estimated amount due; in November, fifteen percent (15%) of the estimated amount due; in January, fifteen percent (15%) of the estimated amount due; in March, fifteen percent (15%) of the estimated amount due; and in June, the balance due, determined by subtracting the payments made during July, September, November, January and March from the special education payment earned by the school district.
(d) During the 1992-1993 school year, each school district shall be paid:
(1) an amount to be determined by multiplying one thousand dollars ($1,000) by fifteen percent (15%) of its average daily membership; and
(2) an amount to be determined by multiplying eleven thousand five hundred forty dollars ($11,540) by one percent (1%) of its average daily membership.
(e) During the 1993-1994 school year, each school district shall be paid:
(1) an amount to be determined by multiplying one thousand twenty-five dollars ($1,025) by fifteen percent (15%) of its average daily membership; and
(2) an amount to be determined by multiplying twelve thousand dollars ($12,000) by one percent (1%) of its average daily membership.
(f) The Secretary of Education shall develop a definition of severely classified exceptional students by September 20, 1996. This definition may include the primary exceptionality, level of intervention, type of support and related services requirements elements currently collected through the PennData system. This definition shall not include students who are institutionalized, in approved private school placements, in detention home programs, in mentally gifted programs or in early intervention programs operated under the provisions of the act of December 19, 1990 (P.L. 1372, No. 212),2 known as the “Early Intervention Services System Act.” This definition shall be submitted to the majority chairman and the minority chairman of the Appropriations Committee and the Education Committee of the Senate and the majority chairman and the minority chairman of the Appropriations Committee and the Education Committee of the House of Representatives for review and comment no later than September 20, 1996. No sooner than fifteen (15) days and not later than thirty (30) days after submission of the proposed definition to the committees, the Secretary of Education shall approve a definition of severely classified exceptional students.
(g) The Secretary of Education shall modify the PennData system to collect for each school district an average daily membership count of those exceptional students classified as severe. The Secretary of Education shall use the approved definition of severely classified exceptional students in the development of the PennData report “Representation of Students with Severe Disabilities in Special Education.” The Secretary of Education shall provide the 1994-1995 PennData report “Representation of Students with Severe Disabilities in Special Education” detailing the average daily membership by category of exceptionality for each school district for the 1994-1995 academic year to the majority chairman and the minority chairman of the Appropriations Committee and the Education Committee of the Senate and the majority chairman and the minority chairman of the Appropriations Committee and the Education Committee of the House of Representatives by February 1, 1997, and shall annually thereafter provide the PennData report “Representation of Students with Severe Disabilities in Special Education” detailing the average daily membership by category of exceptionality for each school district for the current school year to the committees by the first day of February of each year.
(h) During the 1994-1995 school year, each school district shall be paid:
(1) an amount to be determined by multiplying fifteen percent (15%) of its school age average daily membership by one thousand thirty-five dollars ($1,035); and
(2) an amount to be determined by multiplying one percent (1%) of its school age average daily membership by twelve thousand five hundred dollars ($12,500).
(i) During the 1995-1996 school year, each school district shall be paid:
(1) an amount to be determined by multiplying fifteen percent (15%) of its school age average daily membership by one thousand forty dollars ($1,040); and
(2) an amount to be determined by multiplying one percent (1%) of its school age average daily membership by thirteen thousand dollars ($13,000).
(j)(1) During the 1994-1995 school year, up to ten million five hundred thousand dollars ($10,500,000) of the funds appropriated to the Department of Education for special education shall provide supplemental funding for special education to school districts which operate special education programs and whose net special education expenditure rate exceeds one hundred fifty percent (150%) of the Statewide special education expenditure rate with the special education expenditure rate being determined by dividing net special education expenditures by total education expenditures as determined by the Secretary of Education. Such payments shall be in an amount to be determined by the Secretary of Education and shall be made pursuant to the payment schedule established in subsection (c).
(2) During the 1995-1996 school year, up to five million two hundred fifty thousand dollars ($5,250,000) of the funds appropriated to the Department of Education for special education shall provide supplemental funding pursuant to this subsection as determined by the Secretary of Education. Such payments shall be in an amount equal to fifty percent (50%) of the amounts paid to districts eligible under clause (1) during the 1994-1995 school year and shall be made pursuant to the payment schedule established in subsection (c).
(3) During the 1996-1997 school year, up to two million six hundred twenty-five thousand dollars ($2,625,000) of the funds appropriated to the Department of Education for special education shall provide supplemental funding pursuant to this subsection as determined by the Secretary of Education. Such payments shall be in an amount equal to twenty-five percent (25%) of the amounts paid to districts eligible under this subsection during the 1994-1995 school year and shall be made pursuant to the payment schedule established in subsection (c).
(k) During the 1996-1997 school year, each school district shall be paid:
(1) an amount to be determined by multiplying fifteen percent (15%) of its school-age average daily membership by one thousand one hundred fifteen dollars ($1,115); and
(2) an amount to be determined by multiplying one percent (1%) of its school-age average daily membership by thirteen thousand one hundred twenty-five dollars ($13,125).
No district shall, however, receive less than the amount received during the 1995-1996 school year under subsection (i).
(l) During the 1997-1998 school year, each school district shall be paid:
(1) an amount to be determined by multiplying fifteen percent (15%) of its school-age average daily membership by one thousand one hundred fifty dollars ($1,150); and
(2) an amount to be determined by multiplying one percent (1%) of its school-age average daily membership by thirteen thousand four hundred fifty dollars ($13,450).
(m) During the 1997-1998 school year, up to ten million one hundred seven thousand dollars ($10,107,000) of the funds appropriated to the Department of Education for special education shall be available to provide supplemental funding for special education to school districts which operate special education programs. Only school districts that qualify under the provisions of subsection (n) will be eligible to receive this supplemental special education funding.
(n) School districts will qualify for supplemental payments under subsection (m) if:
(1)(i) the school district's special education expenditures for the 1994-1995 school year, as a percentage of the sum of the school district's 1994-1995 school year expenditures for regular education, career and technical education and special education, are equal to or greater than the special education expenditures of all school districts for the 1994-1995 school year, as a percentage of the sum of the 1994-1995 school year expenditures of all school districts for regular education, career and technical education and special education; and
(ii) the school district's market value/income aid ratio for the 1996-1997 school year is equal to or greater than .6000; and
(iii) the school district's equalized millage for the 1994-1995 school year is equal to or greater than 21.0; or
(2) The school district satisfies the criterion set forth in clause (1)(i), does not satisfy the criterion set forth in clause (1)(ii) but the school district's equalized millage for the 1994-1995 school year is equal to or greater than 25.2; or
(3) The school district does not satisfy the criteria of clause (1) or (2) but does satisfy the following:
(i) the number of children in low-income families in 1995 is equal to or greater than fifteen percent (15%) of the school district's 1995-1996 school year average daily membership; and
(ii) the school district's market value/income aid ratio for the 1996-1997 school year is equal to or greater than .7000.
(o) Qualifying school districts will receive an additional twenty percent (20%) of the amount calculated at subsection (l)(1). This amount shall be paid pursuant to the payment schedule established in subsection (c). During the 1997-1998 school year, however, no school district shall receive less payment under subsections (l) and (m) than the amount of the payments the school district received during the 1996-1997 school year under subsections (j)(3) and (k).
(p) During the 1998-1999 school year, each school district shall be paid:
(1) an amount to be determined by multiplying fifteen percent (15%) of its school-age average daily membership by one thousand two hundred sixty dollars ($1,260); and
(2) an amount to be determined by multiplying one percent (1%) of its school-age average daily membership by thirteen thousand nine hundred fifty-five dollars ($13,955).
(q) During the 1998-1999 school year, a portion of the funds appropriated to the Department of Education for special education shall be available to provide supplemental funding for special education to school districts which operate special education programs. Only school districts that qualify under the provisions of subsection (r) will be eligible to receive this supplemental special education funding.
(r) School districts will qualify for supplemental payments under subsection (q) if:
(1)(i) the school district's special education expenditures for the 1995-1996 school year as a percentage of the sum of the school district's 1995-1996 school year expenditures for regular education, career and technical education and special education is equal to or greater than the special education expenditures of all school districts for the 1995-1996 school year as a percentage of the sum of the 1995-1996 school year expenditures of all school districts for regular education, career and technical education and special education; and
(ii) the school district's market value/income aid ratio for the 1997-1998 school year is equal to or greater than six thousand ten-thousandths (0.6000); and
(iii) the school district's equalized millage for the 1995-1996 school year is equal to or greater than twenty-one (21); or
(2) The school district satisfies the criterion set forth in clause (r)(1)(i), does not satisfy the criterion set forth in clause (r)(1)(ii) but the school district's equalized millage for the 1995-1996 school year is equal to or greater than twenty-five (25); or
(3) The school district does not satisfy the criteria of clause (r)(1) or (2) but does satisfy the following:
(i) the number of school-age children in low-income families as defined in section 2501(21)3 for calendar year 1996 is equal to or greater than thirteen percent (13%) of the school district's 1996-1997 school year average daily membership; and
(ii) the school district's market value/income aid ratio for the 1997-1998 school year is equal to or greater than five thousand five hundred ten thousandths (0.5500).
(s) Qualifying school districts will receive an additional twenty percent (20%) of the amount calculated at subsection (p)(1). This amount shall be paid pursuant to the payment schedule established in subsection (c). During the 1998-1999 school year, however, no school district shall receive less payment under subsections (p) and (r) than the amount of the payments the school district received during the 1997-1998 school year under subsections (l) and (m).
(t) Additionally, during the 1998-1999 school year, each school district of the first class or first class A belonging to an intermediate unit the boundary of which is coterminous with that of the school district shall receive a proportionate share of ten million three hundred thousand dollars ($10,300,000) based on the amount received by its coterminous intermediate unit for the cost of operating and administering classes or schools for students with exceptionalities as approved by the Department of Education for the 1990-1991 school year. This amount will be added to the school district's payment under subsection (q). Provided, however, that during the 1998-1999 school year, no school district of the first class or first class A will receive less payment under this subsection and subsection (q) than the amount of the payments the school district's coterminous intermediate unit received during the 1997-1998 school year under section 2509.1(d)(3).4
(u) During the 1999-2000 school year, each school district shall be paid:
(1) an amount to be determined by multiplying fifteen percent (15%) of its school-age average daily membership by one thousand three hundred fifteen dollars ($1,315); and
(2) an amount to be determined by multiplying one percent (1%) of its school-age average daily membership by fourteen thousand five hundred thirty-five dollars ($14,535).
(v) During the 1999-2000 school year, a portion of the funds appropriated to the Department of Education for special education shall be available to provide supplemental funding for special education to school districts which operate special education programs. Only school districts that qualify under the provisions of subsection (w) shall be eligible to receive the supplemental special education funding.
(w) School districts shall qualify for supplemental payments under subsection (v) if:
(1)(i) The school district's special education expenditures for the 1996-1997 school year as a percentage of the sum of the school district's 1996-1997 school year expenditures for regular education, career and technical education and special education is equal to or greater than the special education expenditures of all school districts for the 1996-1997 school year as a percentage of the sum of the 1996-1997 school year expenditures of all school districts for regular education, career and technical education and special education;
(ii) the school district's market value/income aid ratio for the 1998-1999 school year is equal to or greater than five thousand four hundred ten thousandths (0.5400); and
(iii) the school district's equalized millage for the 1996-1997 school year is equal to or greater than sixteen and one half (16.5); or
(2) The school district satisfies the criterion set forth in clause (1)(i), does not satisfy the criterion set forth in clause (1)(ii), but the school district's equalized millage for the 1996-1997 school year is equal to or greater than twenty and six tenths (20.6).
(3) The school district does not satisfy the criteria of clause (1) or (2) but does satisfy the following:
(i) the number of school-age children in low-income families as defined in section 2501(21) for calendar year 1997 is equal to or greater than ten percent (10%) of the school district's 1997-1998 school year average daily membership; and
(ii) the school district's market value/income aid ratio for the 1998-1999 school year is equal to or greater than five thousand four hundred ten thousandths (0.5400).
(x) Qualifying school districts shall receive an additional twenty percent (20%) of the amount calculated in subsection (u)(1). The amount shall be paid pursuant to the payment schedule established in subsection (c).
(y) Additionally, during the 1999-2000 school year, each school district of the first class or first class A belonging to an intermediate unit the boundary of which is coterminous with that of the school district shall receive a proportionate share of ten million three hundred thousand dollars ($10,300,000) based on the amount received by its coterminous intermediate unit for the cost of operating and administering classes or schools for students with exceptionalities as approved by the department for the 1990-1991 school year. This amount shall be added to the school district's payment under subsection (v): Provided, however, That during the 1999-2000 school year, no school district of the first class or first class A shall receive less payment under this subsection and subsection (v) than the amount of the payments the school district's coterminous intermediate unit received during the 1997-1998 school year under section 2509.1(d)(3).
(z) During the 1999-2000 school year, a school district with an incidence rate of mildly and severely disabled students greater than one hundred thirty percent (130%) of the Statewide average incidence rate of mildly and severely disabled students shall qualify to receive a supplemental payment, as specified in this subsection, from funds appropriated to the department for special education. A school district's incidence rate of mildly and severely disabled students shall be calculated by dividing the school district's 1997 child count of students with disabilities collected and reported under sections 611(d)(2) and 618(a) of the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. §§ 1411(d)(2) and 1418(a)) and 34 CFR 300.750 by the school district's 1997-1998 total enrollment reported to the department. The Statewide average incidence rate of mildly and severely disabled students shall be calculated by dividing the Statewide total 1997 child count of students with disabilities for all school districts by the 1997-1998 Statewide total enrollment for all school districts. The payment to a qualifying school district shall be calculated as follows: (1) subtract one hundred thirty percent (130%) of the Statewide average incidence rate from the school district's incidence rate; (2) multiply the difference obtained in paragraph (1) by the school district's 1998-1999 school year average daily membership; and (3) multiply the product obtained in paragraph (2) by one thousand three hundred fifteen dollars ($1,315).
(aa) For the 1999-2000 school year, the sum of payments to school districts received under subsections (u), (v), (y) and (z) must be greater than or equal to one hundred and two percent (102%) of the payments school districts for the 1998-1999 school year under subsections (p), (q) and (t).
(bb) During the 2000-2001 school year, each school district shall be paid the amount it received during the 1999-2000 school year under subsections (u), (v), (y), (z) and (aa).
(cc) During the 2000-2001 school year, thirty-one million nine hundred thousand dollars ($31,900,000) of the funds appropriated to the Department of Education for special education shall be used to provide supplemental funding for special education to all school districts. The supplemental funding to each school district is calculated as follows: multiply the school district's 2000-2001 market value/income aid ratio times sixteen per centum (16%) of its 1999-2000 average daily membership; multiply this product times thirty-one million nine hundred thousand dollars ($31,900,000); divide the resultant product by the sum of the products of the 2000-2001 market value/income aid ratio times sixteen per centum (16%) of the 1999-2000 average daily membership for all school districts.
(dd) Supplemental payments shall be as follows:
(1) School districts shall qualify for additional supplemental payments if all of the following apply:
(i) The school district's special education expenditures for the 1997-1998 school year, as a percentage of the sum of the school district's 1997-1998 school year expenditures for regular education, career and technical education and special education, is equal to or greater than the special education expenditures of all school districts for the 1997-1998 school year, as a percentage of the sum of the 1997-1998 school year expenditures of all school districts for regular education, career and technical education and special education.
(ii) The school district's equalized millage for the 1997-1998 school year is equal to or greater than twenty-one and one-tenth (21.1).
(iii) The district does not meet all of the following criteria:
(A) The school district's special education expenditures for the 1997-1998 school year, as a percentage of the sum of the school district's 1997-1998 school year expenditures for regular education, career and technical education and special education, is equal to or greater than the special education expenditures of all school districts for the 1997-1998 school year, as a percentage of the sum of the 1997-1998 school year expenditures of all school districts for regular education, career and technical education and special education.
(B) The school district's market value/income aid ratio for the 1999-2000 school year is equal to or greater than five thousand four hundred ten thousandths (0.5400).
(C) The school district's equalized millage for the 1997-1998 school year is equal to or greater than sixteen and nine-tenths (16.9).
(2) Qualifying school districts shall receive twenty per cent (20%) of the amount calculated by multiplying fifteen per cent (15%) of its school age average daily membership by one thousand three hundred eighty dollars ($1,380), and the amount shall be paid pursuant to the payment schedule established in subsection (c).
(ee) During the 2000-2001 school year, a school district with an incidence rate of mildly and severely disabled students greater than one hundred twenty-five per cent (125%) of the Statewide average incidence rate of mildly and severely disabled students shall qualify to receive a supplemental payment, as specified in this subsection, from funds appropriated to the Department of Education for special education. A school district's incidence rate of mildly and severely disabled students shall be calculated by dividing the school district's 1998 child count of students with disabilities collected and reported under sections 611(d)(2) and 618(a) of the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. §§ 1411(d)(2) and 1418(a)) and 34 CFR 300.750 (relating to annual report of children served--report requirement) by the school district's 1998-1999 total enrollment reported to the Department of Education. The Statewide average incidence rate of mildly and severely disabled students shall be calculated by dividing the Statewide total 1998 child count of students with disabilities for all school districts by the 1998-1999 Statewide total enrollment for all school districts. The payment to a qualifying school district shall be calculated as follows:
(1) subtract one hundred twenty-five per cent (125%) of the Statewide average incidence rate from the school district's incidence rate;
(2) multiply the difference obtained in clause (1) by the school district's 1999-2000 school year average daily membership; and
(3) multiply the product obtained in clause (2) by one thousand three hundred eighty dollars ($1,380).
(ff) For the 2000-2001 school year, the sum of payments school districts receive under subsections (bb), (cc), (dd) and (ee) must be greater than or equal to one hundred and five per cent (105%) of the payments to school districts for the 1999-2000 school year under subsections (u), (v), (y), (z) and (aa).
(gg) During the 2001-2002 school year, each school district shall be paid the amount it received during the 2000-2001 school year under subsections (bb), (cc), (dd), (ee) and (ff).
(hh) During the 2001-2002 school year, sixty-four million nine hundred thousand dollars ($64,900,000) of the funds appropriated to the Department of Education for special education shall be used to provide supplemental funding for special education to all school districts. The supplemental funding shall be calculated as follows: multiply each school district's 2001-2002 market value/income aid ratio by sixteen per centum (16%) of the 2000-2001 average daily membership and multiply this product by sixty-four million nine hundred thousand dollars ($64,900,000) and divide the resultant product by the sum of the products of the 2001-2002 market value income aid ratio multiplied by sixteen per centum (16%) of the 2000-2001 average daily membership for all school districts.
(ii) During the 2001-2002 school year, a school district with an incidence rate of mildly and severely disabled students greater than one hundred twenty-five per centum (125%) of the Statewide average incidence rate of mildly and severely disabled students shall qualify to receive a supplemental payment, as specified in this subsection, from funds appropriated to the Department of Education for special education. A school district's incidence rate of mildly and severely disabled students shall be calculated by dividing the school district's 1999 child count of students with disabilities collected and reported under sections 611(d)(2) and 618(a) of the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. §§ 1411(d)(2) and 1418(a)) and 34 CFR 300.750 (relating to annual report of children served--report requirement) by the school district's 1999-2000 total enrollment, including students attending public charter schools, reported to the Department of Education. The Statewide average incidence rate of mildly and severely disabled students shall be calculated by dividing the Statewide total 1999 child count of students with disabilities for all school districts by the 1999-2000 Statewide total enrollment, including students attending public charter schools, for all school districts. The payment to a qualifying school district shall be calculated as follows:
(1) subtract one hundred twenty-five per centum (125%) of the Statewide average incidence rate from the school district's incidence rate;
(2) multiply the difference obtained in clause (1) by the school district's 2000-2001 school year average daily membership; and
(3) multiply the product obtained in clause (2) by one thousand six hundred fifty dollars ($1,650).
(jj) For the 2001-2002 school year, each school district shall receive additional funding as necessary so that the sum of the payments school districts receive under subsections (gg), (hh), (ii) and this subsection is greater than or equal to one hundred five per centum (105%) of the payments to school districts for the 2000-2001 school year under subsections (bb), (cc), (dd), (ee) and (ff).
(kk) For the 2002-2003 school year, each school district shall receive additional funding as necessary so that the payments school districts receive are equal to one hundred one and five tenths per centum (101.5%) of the payments to school districts for the 2001-2002 school year under subsections (gg), (hh), (ii) and (jj).
(ll) During the 2003-2004 school year, each school district shall be paid the amount it received during the 2002-2003 school year under subsection (kk).
(mm) During the 2003-2004 school year, thirty-six million one hundred forty-nine thousand five hundred eighty-seven dollars ($36,149,587) of the funds appropriated to the Department of Education for special education shall be used to provide supplemental funding for special education to all school districts. The supplemental funding shall be calculated as follows:
(1) multiply each school district's 2003-2004 market value/income aid ratio by sixteen per centum (16%) of its 2002-2003 average daily membership;
(2) multiply the product from paragraph (1) by thirty-six million one hundred forty-nine thousand five hundred eighty-seven dollars ($36,149,587); and
(3) divide the resultant product from paragraph (2) by the sum of the products of the 2003-2004 market value/income aid ratio multiplied by sixteen per centum (16%) of the 2002-2003 average daily membership for all school districts.
(nn) During the 2004-2005 school year, each school district shall be paid the amount it received during the 2003-2004 school year under subsections (ll) and (mm).
(oo) During the 2004-2005 school year, eighteen million, four hundred eighty thousand, seven hundred eighty-one dollars ($18,480,781) of the funds appropriated to the Department of Education for special education shall be used to provide supplemental funding for special education to school districts.
(1) Each school district shall receive a funding supplement calculated as follows:
(i) multiply each school district's 2004-2005 market value/income aid ratio by sixteen percent (16%) of its 2003-2004 average daily membership;
(ii) multiply the product from clause (i) by sixteen million, seven hundred thousand dollars ($16,700,000); and
(iii) divide the resultant product from clause (ii) by the sum of the products of the 2004-2005 market value/income aid ratio multiplied by sixteen per cent (16%) of the 2003-2004 average daily membership for all school districts.
(2) Each school district for which the supplement under paragraph (1) provides an amount less than two per cent (2%) of the sum of the amounts provided under subsections (ll) and (mm) shall receive additional funding as necessary so that the sum of the amounts provided under paragraph (1) and this paragraph equals two per cent (2%) of the sum of the amounts provided under subsections (ll) and (mm).
(pp) During the 2005-2006 school year, each school district shall be paid the amount it received during the 2004-2005 school year under subsections (nn) and (oo).
(qq)(1) During the 2005-2006 school year, twenty-one million one hundred forty-one thousand four hundred forty-three dollars ($21,141,443) of the funds appropriated to the Department of Education for special education shall be used to provide supplemental funding for special education to school districts under this subsection.
(2) Each school district shall receive a funding supplement calculated as follows:
(i) multiply each school district's 2005-2006 market value/income aid ratio by sixteen percent (16%) of its 2004-2005 average daily membership;
(ii) multiply the product from subclause (i) by twenty million dollars ($20,000,000); and
(iii) divide the resultant product from subclause (ii) by the sum of the products of the 2005-2006 market value/ income aid ratio multiplied by sixteen percent (16%) of the 2004-2005 average daily membership for all school districts.
(3) Each school district for which the supplement under clause (2) provides an amount less than two percent (2%) of the sum of the amounts provided under subsections (nn) and (oo) shall receive additional funding as necessary so that the sum of the amounts provided under clause (2) and this clause equals two percent (2%) of the sum of the amounts provided under subsections (nn) and (oo).
(rr) During the 2006-2007 school year, each school district shall be paid the amount it received during the 2005-2006 school year under subsections (pp) and (qq).
(ss) During the 2006-2007 school year, twenty-two million four hundred sixty-two thousand and one hundred twenty dollars ($22,462,120) of the funds appropriated to the Department of Education for special education shall be used to provide supplemental funding for special education to all school districts. Each school district shall receive a funding supplement calculated as follows:
(1) Multiply each school district's 2006-2007 market value/income aid ratio by sixteen percent (16%) of its 2005-2006 average daily membership.
(2) Multiply the product from paragraph (1) by twenty million nine hundred forty-three thousand and four hundred ninety-eight dollars ($20,943,498).
(3) Divide the resultant product from paragraph (2) by the sum of the products of the 2006-2007 market value/income aid ratio multiplied by sixteen percent (16%) of the 2005-2006 average daily membership for all school districts.
(tt) Each school district shall receive an inflation index supplement as necessary so that the amounts under subsection (ss) and this subsection equal three and nine-tenths percent (3.9%) multiplied by each school district's 2006-2007 market value/income aid ratio of the amount in subsection (rr).
(uu) Each school district for which the sum of the supplements under subsections (ss) and (tt) provides an amount less than two percent (2%) of the amount provided under subsection (rr) shall receive additional funding as necessary so that the sum of the amounts provided under subsections (ss), (tt) and this subsection equals two percent (2%) of the amount provided under subsection (rr).
(vv) During the 2007-2008 school year, each school district shall be paid the amount it received during the 2006-2007 school year under subsections (rr), (ss), (tt) and (uu).
(ww) During the 2007-2008 school year, twenty-seven million six hundred eighty-two thousand one hundred and ninety-three dollars ($27,682,193) of the funds appropriated to the Department of Education for special education shall be used to provide supplemental funding for special education to all school districts. Each school district shall receive a funding supplement calculated as follows:
(1) multiply each school district's 2007-2008 market value/income aid ratio by sixteen percent (16%) of its 2006-2007 average daily membership;
(2) multiply the product from paragraph (1) by twenty-seven million dollars ($27,000,000); and
(3) divide the resultant product from paragraph (2) by the sum of the products of the 2007-2008 market value/income aid ratio multiplied by sixteen percent (16%) of the 2006-2007 average daily membership for all school districts.
(xx) Each school district shall receive an inflation index supplement as necessary so that the amounts under subsection (ww) and this subsection equal three and four-tenths percent (3.4%) multiplied by each school district's 2007-2008 market value/income aid ratio of the amount in subsection (vv).
(yy) Each school district for which the sum of the supplements under subsections (ww) and (xx) provides an amount less than two percent (2%) of the amount provided under subsection (vv) shall receive additional funding as necessary so that the sum of the amounts provided under subsections (ww), (xx) and this subsection equals two percent (2%) of the amount provided under subsection (vv).
(zz)(1) During the 2008-2009 school year, each school district shall be paid the amount it received during the 2007-2008 school year under subsections (vv), (ww), (xx) and (yy).
(2) During the 2008-2009 school year, twenty-seven million eight hundred four thousand fourteen dollars ($27,804,014) of the funds appropriated to the Department of Education for special education shall be used to provide supplemental funding for special education to all school districts. Each school district shall receive a funding supplement calculated as follows:
(i) multiply each school district's 2008-2009 market value/income aid ratio by sixteen percent (16%) of its 2007-2008 average daily membership;
(ii) multiply the product from subparagraph (i) by twenty-six million seven hundred thousand six dollars ($26,700,006); and
(iii) divide the resultant product from subparagraph (ii) by the sum of the products of the 2008-2009 market value/income aid ratio multiplied by sixteen percent (16%) of the 2007-2008 average daily membership for all school districts.
(3) Each school district shall receive an inflation index supplement as necessary so that the amounts under paragraph (2) and this paragraph equal four and four tenths percent (4.4%) multiplied by each school district's 2008-2009 market value/income aid ratio of the amount in paragraph (1).
(4) Each school district for which the sum of the supplements under paragraphs (2) and (3) provides an amount less than two percent (2%) of the amount provided under paragraph (1) shall receive additional funding as necessary so that the sum of the amounts provided under paragraphs (2) and (3) and this paragraph equals two percent (2%) of the amount provided under paragraph (1).
(5) For the 2008-2009 fiscal year, if insufficient funds are appropriated to make Commonwealth payments pursuant to paragraphs (2), (3) and (4), such payments shall be made on a pro rata basis. The amounts pro rated shall be the sum of the payments made under paragraphs (2), (3) and (4).
(aaa) During the 2009-2010 through the 2013-2014 school years, each school district shall be paid the amount it received during the 2008-2009 school year under subsection (zz). If insufficient funds are appropriated, the payments shall be made on a pro rata basis.
(bbb)(1) During the 2016-2017 school year and each school year thereafter, except the 2020-2021 school year which shall be governed by subsection (ccc), each school district shall receive an amount equal to the amount it received for the 2013-2014 school year under subsection (aaa) and a student-based allocation. The total amount available to distribute to school districts through the student-based allocation shall equal the difference between the amount allocated for special education payments for school districts and the sum of the amounts received under subsection (aaa) for the 2013-2014 school year to all school districts. The student-based allocation for each school district shall be calculated as follows:
(i) Multiply the sum of the school district's weighted special education student headcount and its sparsity/size adjustment calculated under paragraph (2)(v) by its market value/income aid ratio and its equalized millage multiplier calculated under paragraph (2)(vi).
(ii) Multiply the product under subparagraph (i) by the total amount available for the student-based allocation.
(iii) Divide the product under subparagraph (ii) by the sum of the products under subparagraph (i) for all school districts.
(2) For the purposes of paragraph (1)(i):
(i) Except as otherwise provided in subparagraph (i.1), the weighted special education student headcount for each school district shall be the sum of the following:
(A) The number of special education students who reside in the school district for which the annual expenditure is in Category 1 multiplied by one and fifty-one hundredths (1.51).
(B) The number of special education students who reside in the school district for which the annual expenditure is in Category 2 multiplied by three and seventy-seven hundredths (3.77).
(C) The number of special education students who reside in the school district for which the annual expenditure is in Category 3 multiplied by seven and forty-six hundredths (7.46).
(i.1) Beginning in the 2022-2023 school year and each year thereafter, the weighted special education student headcount for each school district shall be the sum of the following:
(A) The most recent three-year average of the number of special education students who reside in the school district for which the annual expenditure is in Category 1 multiplied by one and sixty-four hundredths (1.64).
(B) The most recent three-year average of the number of special education students who reside in the school district for which the annual expenditure is in Category 2 multiplied by three and eight hundredths (3.08).
(C) The most recent three-year average of the number of special education students who reside in the school district for which the annual expenditure is in Category 3 multiplied by six and thirty-four hundredths (6.34).
(ii) The sparsity ratio shall be calculated for each school district as follows:
(A) Divide the school district's average daily membership per square mile by the Commonwealth's average daily membership per square mile.
(B) Multiply the quotient under clause (A) by one-half (0.5).
(C) Subtract the product under clause (B) from one (1).
(iii) The size ratio for each school district shall be calculated as follows:
(A) Divide the school district's average daily membership by the average of the average daily membership of all school districts.
(B) Multiply the quotient under clause (A) by one-half (0.5).
(C) Subtract the product under clause (B) from one (1).
(iv) The sparsity/size ratio for each school district shall be calculated by adding forty percent (40%) of the sparsity ratio and sixty percent (60%) of the size ratio.
(v) The sparsity/size adjustment for qualifying school districts with a sparsity/size ratio greater than the sparsity/size ratio that represents the seventieth percentile of the sparsity/size ratio for all school districts shall be calculated as follows:
(A) Divide the school district's sparsity/size ratio by the sparsity/size ratio that represents the seventieth percentile of the sparsity/size ratio for all school districts.
(B) Subtract one (1) from the quotient under clause (A).
(C) Multiply the remainder under clause (B) by one-half (0.5).
(D) Multiply the product under clause (C) by the school district's weighted special education student headcount.
(vi) The equalized millage multiplier for each school district shall be calculated as follows:
(A) For a school district with an equalized millage rate greater than or equal to the equalized millage rate that represents the seventieth percentile of the equalized millage rate of all school districts, the school district's equalized millage multiplier shall be one (1).
(B) For a school district with an equalized millage rate less than the equalized millage rate that represents the seventieth percentile of the equalized millage rate of all school districts, the school district's equalized millage multiplier shall be calculated by dividing the school district's equalized millage rate by the equalized millage rate that represents the seventieth percentile of the equalized millage rate of all school districts.
(vii) The dollar ranges for the annual expenditure amounts designated as Category 1, Category 2 and Category 3 under subparagraph (i) shall be based on the information reported to the department under section 1372(8).5 For the purposes of subparagraph (i), Category 3 shall be the sum of the students reported in Categories 3A and 3B under section 1372(8), and for any school year in which information is compiled and available for Category 1A and Category 1B under section 1372(8), Category 1 shall be the sum of Category 1A and Category 1B.
(viii) The data used to calculate the provisions under subparagraphs (ii), (iii) and (vi) shall be averaged for the three most recent years for which data is available as determined by the Department of Education.
(ix) The data used for the calculations made in this section shall be fixed as of the first day of June preceding the school year in which the allocation occurs. Data fixed on the first day of June shall be revised by the Department of Education if it is subsequently found to be incorrect.
(ccc) Notwithstanding any provision to the contrary, during the 2020-2021 school year, each school district shall be paid the amount it received during the 2019-2020 school year under subsection (bbb).

Credits

1949, March 10, P.L. 30, No. 14, art. XXV, § 2509.5, added 1991, Aug. 5, P.L. 219, No. 25, § 18, retroactive effective July 1, 1991. Amended 1992, July 9, P.L. 392, No. 85, § 5, retroactive effective Aug. 5, 1991; 1993, June 7, P.L. 49, No. 16, § 22, retroactive effective July 1, 1992; 1995, June 30, P.L. 220, No. 26, § 13, imd. effective; 1996, July 11, P.L. 633, No. 107, § 11, imd. effective; 1997, June 25, P.L. 297, No. 30, § 15, effective July 1, 1997; 1998, April 27, P.L. 270, No. 46, § 21, effective July 1, 1998; 1999, June 26, P.L. 394, No. 36, § 12, effective July 1, 1999; 2000, May 10, P.L. 44, No. 16, § 15, effective July 1, 2000; 2001, May 17, P.L. 4, No. 4, § 6, effective July 1, 2001; 2002, June 29, P.L. 524, No. 88, § 26, effective July 1, 2002; 2003, Dec. 23, P.L. 304, No. 48, § 32, imd. effective; 2004, July 4, P.L. 536, No. 70, § 28, imd. effective; 2005, July 13, P.L. 226, No. 46, § 24, imd. effective; 2006, July 11, P.L. 1092, No. 114, § 14, imd. effective; 2007, July 20, P.L. 278, No. 45, § 26, imd. effective; 2008, July 9, P.L. 846, No. 61, § 31, retroactive effective July 1, 2008; 2011, June 30, P.L. 112, No. 24, § 38, effective July 1, 2011; 2012, June 30, P.L. 684, No. 82, § 28, effective July 1, 2012; 2013, July 9, P.L. 408, No. 59, § 11, imd. effective; 2016, July 13, P.L. 716, No. 86, § 15, imd. effective; 2019, Oct. 30, P.L. 460, No. 76, § 61, effective in 60 days [Dec. 30, 2019]; 2020, June 5, P.L. 223, No. 30, § 20, imd. effective; 2022, July 8, P.L. 620, No. 55, § 57, imd. effective.

Footnotes

1
24 P.S. §§ 25-2509.6 and 25-2509.7.
2
11 P.S. § 875-101 et seq.
3
24 P.S. § 25-2501.
4
24 P.S. § 25-2509.1.
5
24 P.S. § 13-1372.
24 P.S. § 25-2509.5, PA ST 24 P.S. § 25-2509.5
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document