Section 1-122 - Special Education Funding Commission(a) There is hereby established a Special Education Funding Commission.(b) The Special Education Funding Commission shall reviewand make recommendations related to special education funding as provided in this section.(c)(1) The commission shall consist of the following members:(i) The chair and minority chair of the Education Committee of the Senate and the chair and minority chair of the Education Committee of the House of Representatives, or their designees.(ii) Two (2) legislators from each of the four (4) legislative caucuses, to be appointed by the President pro tempore of the Senate and the Speaker of the House of Representatives, in consultation with the Majority and Minority Leaders of the Senate and the Majority and Minority Leaders of the House of Representatives.(iii) The Secretary of Education, or a designee.(iv) The Secretary of the Budget, or a designee.(v) The Deputy Secretary for Elementary and Secondary Education, or a designee.(2) The commission shall appoint a member to serve as chair of the commission.(d) The commission shall hold its first meeting within thirty (30) days of the effective date of this section, regardless of whether the Governor or all legislative caucuses have actually approved members to the commission.(e) The commission shall hold meetings at the call of the chair.(f) The members may not receive compensation for their services, but shall be reimbursed for all necessary travel and other reasonable expenses incurred in connection with the performance of their duties as members of the commission.(g) The General Assembly shall provide administrativesupport, meeting space and any other assistance required by the commission to carry out its duties under this section in cooperation with the department. The department shall provide the commission with data, research and other information upon request by the commission.(h) The commission shall develop a special education formula and identify factors that may be used to determine the distribution of a change in special education funding among the school districts in this Commonwealth.(i) The commission shall have all of the following powers and duties:(1) Review and make findings and recommendations related to special education funding in this Commonwealth.(2) Consult with and utilize experts to assist in carrying out the duties under this subsection.(3) Receive input from interested parties, including, but not limited to, charter and cyber charter school operators, and gather information on the identification of children as eligible students by charter and cyber charter schools. The commission shall also receive input and gather information on charter and cyber charter school funding reimbursements regarding eligible students. The commission shall draft proposed regulations and proposed legislation based on its findings.(4) Hold public hearings in different regions of this Commonwealth.(5) Issue a report of its findings and recommendations to the Governor, the President pro tempore of the Senate, the Majority Leader and Minority Leader of the Senate, the Education Committee of the Senate, the Speaker of the House of Representatives, the Majority Leader and Minority Leader of theHouse of Representatives, the Education Committee of the House of Representatives, the Secretary of Education and the State Board of Education not later than September 30, 2013.(6) Determine the factors under this paragraph that may include all of the following:(i) Three (3) cost categories of eligible students, established so that students with disabilities typically requiring the least-intensive range of services would comprise Cost Category 1, students with disabilities typically requiring a middle range of services would comprise Cost Category 2 and students with disabilities typically requiring the most intensive range of services would comprise Cost Category 3. The commission shall determine a description of and parameters for each of the three (3) cost categories.(ii) A student count for each school district averaged for each of the three (3) most recent years for each cost category of eligible students. For Cost Category 3, the number of eligible students residing or enrolled in the school district and classified in Cost Category 3 shall be calculated in a manner that limits the potential incentive for school districts to overidentify, except for the number of eligible students who are placed by the school district and served in public or private separate schools, residential placements or homebound or hospital placements.(iii) A weighting factor that differs for each of the three (3) cost categories of students with disabilities based on the typical range of services for each cost category.(iv) Adjustments for any of the following: (A) The market value/personal income aid ratio averaged for each of the three (3) most recent years for each schooldistrict.(B) The equalized millage rate averaged for each of the three (3) most recent years for each school district.(C) Geographic price differences identified for each school district.(v) A proportional system for distributing the changes in special education funding among the school districts, based on factors listed in this section.(vi) Development and implementation by the department of improved systems for collecting and documenting student enrollment and membership in public schools, including revised methods for calculating average daily membership.(vii) Other factors related to the distribution of special education funding.(7) Review and consider special education funding factors utilized throughout the United States.(8) In developing the special education funding factors under subsection (h) and in completing the report required under this subsection, consider the impact these factors may have on the distribution of special education funding among the school districts.(9) Review the administration of State and regional special education programs and services to determine if cost savings may be achieved and make recommendations to implement the savings.(10) Consult with and utilize experts to assist the commission in carrying out the duties under this subsection.(11) Prior to recommending a special education formula under this section, consider nationally accepted accounting and budgeting standards.(j) The special education formula developed by thecommission shall not go into effect unless the formula is approved by an act of the General Assembly enacted after the effective date of this section.(k)(1) Every five (5) years the commission shall be reconstituted in accordance with subsection (c) and shall meet and hold public hearings to review the operation of the special education funding provisions of this section, shall make a further report and shall issue the report to the recipients listed in subsection (i)(5). When in receipt of a further report recommending changes to the special education funding formula, the general assembly shall consider and take action to enact the formula into law in accordance with subsection (j).(2) The commission shall be reconstituted not later than August 15, 2019, and shall issue the report to the recipients listed in subsection (I)(5) not later than December 31, 2021. The commission shall limit the scope of the review provided for under this subsection to only the provision of special education payments to school districts by the Commonwealth through the funding formula contained in section 2509.5.(3) The commission shall be reconstituted January 15, 2026, in accordance with subsection (c) and shall meet and hold public hearings to review the operation of the special education funding provisions of this section, and shall make a further report and shall issue the report to the recipients listed in subsection (i)(5) no later than November 30, 2026. When in receipt of the report recommending changes to the special education funding formula, the General Assembly shall consider and take action to enact the formula into law in accordance with subsection (j).(l) The General Assembly shall, through the annual appropriations process, determine the level of State funding for special education and the amount of any change in funding. The special education formula developed under this section shall determine only the distribution of any increase in special education funding among the school districts of this Commonwealth above the amount of special education funding in the base year and shall not be used for any other purpose.(m) Notwithstanding any provision of law to the contrary, for the 2013-2014 school year and each school year thereafter, any State funding for special education in an amount that does not exceed the amount of State funding for special education in the base year shall be allocated in the same manner as the State funding was allocated in the base year.(m.1) The Independent Fiscal Office shall complete a survey of school district special education student cost distribution in conjunction with each reconstitution of the Special Education Funding Commission.(n) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Base year." Fiscal year 2010-2011.
"Commission." The Special Education Funding Commission established under this section.
"Department." The Department of Education of the Commonwealth.
Amended by P.L. (number not assigned at time of publication) 2023 No. 35,§ 1, eff. 12/13/2023.Amended by P.L. TBD 2022 No. 55, § 3, eff. 7/8/2022.Amended by P.L. TBD 2021 No. 26, § 1, eff. 6/30/2021.Amended by P.L. TBD 2020 No. 136, § 2.1, eff. 11/25/2020.Amended by P.L. TBD 2020 No. 30, § 2, eff. 6/5/2020.Amended by P.L. TBD 2019 No. 16, § 1, eff. 7/1/2019.Added by P.L. 12 2013 No. 3, § 1, eff. 4/25/2013.Amended by P.L. 408 2013 No. 59, § 1, eff. 7/9/2013.