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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE RESOLUTION |
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| INTRODUCED BY BROWNE, STACK, WILLIAMS, ALLOWAY, RAFFERTY, ERICKSON, BOSCOLA, MUSTO, MELLOW, ORIE AND FONTANA, MARCH 6, 2009 |
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| REFERRED TO EDUCATION, MARCH 6, 2009 |
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| A CONCURRENT RESOLUTION |
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1 | Creating the Joint Legislative Commission on Public School |
2 | Finance and providing for its powers and duties. |
3 | WHEREAS, Section 14 of Article III of the Constitution of |
4 | Pennsylvania clearly gives the General Assembly sole authority |
5 | to, "...provide for the maintenance and support of a thorough |
6 | and efficient system of public education to serve the needs of |
7 | the Commonwealth"; and |
8 | WHEREAS, The General Assembly, as part of Act 114 of 2006, |
9 | amended the Public School Code of 1949 to direct the State Board |
10 | of Education to "...conduct or provide for a comprehensive |
11 | Statewide costing-out study to arrive at a determination of the |
12 | basic cost per pupil to provide an education that will permit a |
13 | student to meet the State's academic standards and assessments", |
14 | with a final report to be presented to the General Assembly one |
15 | year from the date of the signing of the contract to conduct the |
16 | study; and |
17 | WHEREAS, According to the National Education Association, in |
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1 | 2004 and 2005 the Commonwealth ranked 14th in expenditure per |
2 | student at $9,638 per pupil, well above the national average of |
3 | $8,618 and spending in excess of $14 billion total; and |
4 | WHEREAS, The Federal Individuals with Disabilities Education |
5 | Act places strict provisions for identification and services for |
6 | children with special needs, but has been severely underfunded |
7 | by Federal funding; and |
8 | WHEREAS, Since 2001 and 2002, special education expenditures |
9 | by school districts have increased by 28% and expenditures by |
10 | the Commonwealth have increased by 9.6%; and |
11 | WHEREAS, The Federal No Child Left Behind Act of 2001 focuses |
12 | on accountability, requiring states to close any existing |
13 | achievement gaps and assuring that students are proficient in |
14 | basic core academic subjects, but is underfunded by the Federal |
15 | Government; and |
16 | WHEREAS, The Commonwealth has established academic standards |
17 | and Statewide assessments in order to move students toward |
18 | defined proficiencies in core academic subjects; and |
19 | WHEREAS, Over the past three decades, efforts have been made |
20 | throughout the nation to revise state systems for funding public |
21 | schools; and |
22 | WHEREAS, Both Federal and state courts have increasingly been |
23 | asked to review the constitutionality of educational funding |
24 | systems that rely on local property taxes on the basis that the |
25 | dependence on local property taxes yields constitutionally |
26 | impermissable disparities in funding between school districts |
27 | that violate equal protection, as well as State constitutional |
28 | obligations with regards to education; and |
29 | WHEREAS, The Commonwealth currently ranks 11th in the nation |
30 | in the number of individual school districts, and concerns have |
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1 | been raised that this large number of administrative units is |
2 | not cost effective and that the merging of some districts or |
3 | regionalization of services would be more efficient both |
4 | economically and educationally; therefore be it |
5 | RESOLVED (the House of Representatives concurring), That the |
6 | General Assembly establish a Joint Commission on Public School |
7 | Finance as a means of analyzing the results of the State Board |
8 | of Education's costing-out study and make recommendations on |
9 | issues surrounding the Commonwealth's current system of funding |
10 | public education with the purpose of identifying what school |
11 | districts need to do to improve the chances of students, schools |
12 | and the districts themselves to meet the requirements of the |
13 | State's accountability system; and be it further |
14 | RESOLVED, That specific goals of the commission are to ensure |
15 | that: |
16 | (1) State funds allocated for basic education funding |
17 | are distributed both adequately and equitably; |
18 | (2) the allocation of State funding addresses and is |
19 | reflective of unique characteristics among districts |
20 | including changes in demography; |
21 | (3) the allocation of State funding is linked with |
22 | measures of accountability; and |
23 | (4) school districts remain accountable for meeting |
24 | State academic standards and attaining student proficiency; |
25 | and be it further |
26 | RESOLVED, That the commission consist of 45 members appointed |
27 | as follows: |
28 | (1) A chairperson of the commission, chosen jointly by |
29 | the President pro tempore of the Senate and the Speaker of |
30 | the House of Representatives, who shall be a recognized |
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1 | expert in the field of public school finance currently |
2 | employed at a Commonwealth institution of higher education. |
3 | (2) The chairpersons and minority chairpersons of the |
4 | Education Committee of the Senate and the Education Committee |
5 | of the House of Representatives, or their designees, who are |
6 | members of the respective committee. |
7 | (3) The chairpersons and minority chairpersons of the |
8 | Appropriations Committee of the Senate and the Education |
9 | Committee of the House of Representatives, or their |
10 | designees, who are members of the respective committee. |
11 | (4) Four additional members of the General Assembly, one |
12 | of whom is to be appointed by each of the following: the |
13 | Majority Leader of the Senate, the Minority Leader of the |
14 | Senate, the Majority Leader of the House of Representatives |
15 | and the Minority Leader of the House of Representatives. |
16 | (5) The Secretary of Education or his designee, who |
17 | shall be a deputy secretary within the Department of |
18 | Education. |
19 | (6) The Secretary of the Budget or his designee, who |
20 | shall be an employee of the Office of the Budget. |
21 | (7) The Chairperson of the State Board of Education or |
22 | his designee, who shall be a member of the State Board of |
23 | Education. |
24 | (8) Representatives of the State's basic education |
25 | community as follows: |
26 | (i) Four classroom teachers, two of whom shall be |
27 | nominated by each of the established recognized |
28 | organizations representing the Commonwealth's public |
29 | school employees. |
30 | (ii) A school business manager nominated by the |
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1 | Pennsylvania Association of School Business Officials. |
2 | (iii) Three chief school administrators nominated by |
3 | the Pennsylvania Association of School Administrators, |
4 | one of whom shall be from an urban school district, one |
5 | of whom shall be from a suburban school district and one |
6 | of whom shall be from a rural school district. |
7 | (iv) A vocational-technical school administrator |
8 | nominated by the Pennsylvania Association of Vocational |
9 | Administrators. |
10 | (v) An intermediate unit director nominated by the |
11 | Pennsylvania Association of Intermediate Units. |
12 | (vi) Three elected school board directors nominated |
13 | by the Pennsylvania School Boards Association, one of |
14 | whom shall be from an urban school district, one of whom |
15 | shall be from a suburban school district and one of whom |
16 | shall be from a rural school district. |
17 | (vii) A representative of the State's charter school |
18 | community nominated by the Pennsylvania Charter Schools |
19 | Association. |
20 | (viii) Two parents of students enrolled in a State |
21 | public school nominated by the Pennsylvania Parent |
22 | Teacher Association, one of whom shall be the parent of a |
23 | special needs student. |
24 | (9) Four representatives of the State's business |
25 | community, one of whom shall be appointed by each of the |
26 | following: the Majority Leader of the Senate, the Minority |
27 | Leader of the Senate, the Majority Leader of the House of |
28 | Representatives and the Minority Leader of the House of |
29 | Representatives. |
30 | (10) Four representatives from the State's education |
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1 | community appointed by the Governor, two of whom shall be |
2 | representatives of Statewide education or a child advocacy |
3 | organization and two of whom shall be representatives of |
4 | teacher preparation institutions of higher education located |
5 | in this Commonwealth; |
6 | and be it further |
7 | RESOLVED, That, to the extent possible, appointments reflect |
8 | the various geographic regions of this Commonwealth, and |
9 | notification of appointments to the commission be furnished to |
10 | the President pro tempore of the Senate and the Speaker of the |
11 | House of Representatives by the nominating body no later than 30 |
12 | days after adoption of this resolution by both chambers; and be |
13 | it further |
14 | RESOLVED, That the commission have the following powers and |
15 | duties: |
16 | (1) To review the findings and recommendations from the |
17 | Statewide costing-out study conducted by the State Board of |
18 | Education pursuant to section 2599.3 of the Public School |
19 | Code. |
20 | (2) To examine national trends in educational funding, |
21 | including foundation programs, percentage equalization and |
22 | guaranteed yield programs and their potential relevance for |
23 | the Commonwealth. |
24 | (3) To review methods that attempt to link adequate and |
25 | equitable funding to system accountability, such as value- |
26 | added assessment systems. |
27 | (4) To examine Federal mandates, including the |
28 | Individuals with Disabilities Education Act and the No Child |
29 | Left Behind Act, and their impact on Pennsylvania public |
30 | schools. |
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1 | (5) To examine State regulations, standards and |
2 | guidelines that implement Federal and State laws and their |
3 | impact on Pennsylvania's public schools. |
4 | (6) To study demographic patterns within this |
5 | Commonwealth in order to determine the impact of both growth |
6 | and decline in student enrollments on school district |
7 | operations and costs and the positive and negative aspects of |
8 | school consolidation as a means to affect cost efficiencies. |
9 | (7) To examine the efficacy of consolidating existing |
10 | funding programs used to disperse State education funds and |
11 | to analyze the advantages and disadvantages of targeted |
12 | categorical funding. |
13 | (8) To review potential local cost control mechanisms |
14 | that may become necessary should the commission's |
15 | recommendations lead to the State assuming greater funding |
16 | responsibility. |
17 | (9) To examine opportunities for improved cooperation |
18 | and consolidation among the districts to improve the |
19 | efficiency and the effectiveness of school district |
20 | operations in order to achieve savings; |
21 | and be it further |
22 | RESOLVED, That the commission develop, at a minimum, two |
23 | formulae for the adequate and equitable distribution of State |
24 | funds for the support of public schools in this Commonwealth and |
25 | other recommendations based upon their study; and be it further |
26 | RESOLVED, That the commission hold public hearings to receive |
27 | public comment and testimony on the proposed funding formulae |
28 | and other recommendations of the commission; and be it further |
29 | RESOLVED, That the commission hold its first meeting no later |
30 | than 60 days following the appointment of members; and be it |
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1 | further |
2 | RESOLVED, That the commission have the authority to adopt, by |
3 | majority vote of its membership, rules of operation and conduct, |
4 | and the commission shall hold meetings at the call of the |
5 | chairperson and may hold hearings, take testimony and make its |
6 | investigations at such places as it deems necessary in this |
7 | Commonwealth, and all meetings and public hearings of the |
8 | commission shall be considered public meetings for the purpose |
9 | of 65 Pa.C.S. Ch. 7 (relating to open meetings); and be it |
10 | further |
11 | RESOLVED, That the commission members receive no compensation |
12 | for their services but shall be reimbursed for all necessary |
13 | travel and other reasonable expenses incurred in connection with |
14 | the performance of their duties as members; and be it further |
15 | RESOLVED, That the commission be authorized to hire or |
16 | contract for such services as it deems necessary, and that all |
17 | expenses approved by the President pro tempore of the Senate and |
18 | the Speaker of the House of Representatives incurred or |
19 | authorized by the commission shall be paid equally from accounts |
20 | under the control of the Chief Clerk of the Senate and the Chief |
21 | Clerk of the House of Representatives; and be it further |
22 | RESOLVED, That the Senate and the House of Representatives |
23 | provide administrative support, office space and any other |
24 | assistance required by the commission to carry out its duties |
25 | under this resolution, and, whenever possible, the commission |
26 | shall utilize the services and expertise of existing personnel |
27 | and staff of the General Assembly in the performance of their |
28 | duties; and be it further |
29 | RESOLVED, That the commission make a report of its findings |
30 | and recommendations to the Governor, the President pro tempore |
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1 | of the Senate and the Speaker of the House of Representatives no |
2 | later than one year from the first meeting date of the |
3 | commission; and be it further |
4 | RESOLVED, That upon receipt of the final report of the |
5 | commission, the General Assembly promptly review and consider |
6 | the recommendations of the commission and develop legislation |
7 | based on the commission's recommendations for consideration as |
8 | it deems appropriate. |
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