Section 15-1512-C - Educational Assistance Program(a) Purpose.--The Educational Assistance Program shall provide, for the support of tutoring services to eligible students, funds to eligible school entities in which one or more schools have failed to meet at least one academic performance target.(b) Eligibility.--A student shall be eligible for tutoring services under this section where such student is enrolled full time in an eligible school entity and:(1) scored below proficient on a Pennsylvania System of School Assessment test in a subject area required under the No Child Left Behind Act of 2001; or(2) is enrolled in kindergarten through third grade and scored below the score approved by the department under section 1502-C(b) on any other eligibility test; or(3) has been recommended for tutoring by the school entity.(c) Approval of providers.--In order to provide tutoring services through the Educational Assistance Program, a provider must be approved by the department. Such providers may include:(1) a provider approved under section 1505-C; or(d) Duties of eligible school entities.--An eligible school entity shall have the following duties:(1) To annually notify the parents or guardian of any student eligible for tutoring services under subsection (b) about the availability of tutoring services under this section.(2) To annually provide the parents or guardian of any student eligible for tutoring services under subsection (b) with a list of all approved providers operating within the boundaries of or around the eligible school entity.(3) Upon request, to assist the parents or guardian of any student eligible for tutoring services under subsection (b) in selecting an approved provider.(4) To enter into a contract or contracts with a provider approved under section 1505-C and operating within the boundaries of or around the eligible school entity or to offer tutoring services directly to any student eligible for tutoring services under subsection (b).(e) Tutoring services.--Tutoring services provided under this section shall include intensive instruction in those subject areas assessed through a Pennsylvania System of School Assessment test and required under the No Child Left Behind Act of 2001. Such tutoring services may:(1) Notwithstanding the provisions of section 1502, be provided outside of the normal school day and hours of the school entity, including mornings, evenings, weekends and during the summer months.(2) Take place on an individual or small group basis, provided that tutoring services may be provided to no more than ten students in a given class at a given time during the school term and no more than 15 students during the summer months.(3) Be provided during the normal school day and hours of the school entity, provided that the tutoring is in addition to and does not interfere with an eligible student's regularly scheduled classroom instruction times and does not supplant services required in a student's individualized education program.(f) Duties of department.--The department shall have the following duties: (1) To provide eligible school entities that provide tutoring services under this section with technical assistance upon request.(2) To annually assess any provider or school entity that provides tutoring services under this section in order to determine the academic progress of students who receive tutoring services.(g) Educational assistance funding.--(1) During the 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008-2009 school years, the department shall provide each eligible school entity with educational assistance funding calculated by: (i) Dividing the number of Pennsylvania System of School Assessment tests administered in the eligible school entity on which students scored below proficient in reading or mathematics by the total number of Pennsylvania System of School Assessment tests administered in the eligible school entity in reading and mathematics during the 2002-2003 school year.(ii) Multiplying the quotient from subparagraph (i) by the average daily membership of the eligible school entity during the 2002-2003 school year.(iii) Multiplying the product from subparagraph (ii) by the dollar value of funds appropriated to the Department of Education for the Educational Assistance Program in the 2004-2005 fiscal year.(iv) Dividing the product from subparagraph (iii) by the sum of the products of subparagraph (ii) for all eligible school entities that qualify for grant funds under this paragraph.(1.1) During the 2005-2006, 2006-2007, 2007-2008 and 2008-2009 school years, the department shall provide each school entity with at least one school that has failed to achieve its 2005 mathematics proficiency target or its 2005 reading proficiency target with educational assistance funding for the support of tutoring services to eligible students enrolled in seventh through twelfth grades. Such funding shall be calculated as follows:(i) Dividing the number of Pennsylvania System of School Assessment tests administered in the eligible school entity to eleventh grade students on which such students scored below the 2005 reading or mathematics proficiency target by the total number of Pennsylvania System of School Assessment tests administered in the eligible school entity to eleventh grade students in reading and mathematics during the 2003-2004 school year.(ii) Multiplying the quotient from subparagraph (i) by the average daily membership of the eligible school entity during the 2004-2005 school year.(iii) Multiplying the product from subparagraph (ii) by the difference between the dollar value of funds appropriated to the department for the educational assistance program in the 2004-2005 fiscal year and the dollar value of funds appropriated to the department for the educational assistance program in the 2007-2008 fiscal year.(iv) Dividing the product from subparagraph (iii) by the sum of the products of subparagraph (ii) for all eligible school entities that qualify for grant funds under this paragraph.(2) The amount of educational assistance funding provided under this article shall be limited to funds appropriated for this purpose.(h) Use of educational assistance funds.--An eligible school entity that receives educational assistance funding under subsection (g) may use such funds to: (1) Enter into contracts with a provider approved under section 1505-C.(2) Offer tutoring services directly to any student eligible for tutoring services under subsection (b).(h.1) Redistribution of funds.--For the 2004-2005 school year and each school year thereafter, an eligible school entity that chooses not to receive educational assistance funding under subsection (g) shall forfeit the right to such funds. Such funds shall then be distributed on a pro rata basis among all other eligible school entities choosing to receive educational assistance funding under subsection (g).(i) Construction.-- Nothing in this section shall be construed to limit the eligibility of a grant recipient to receive a grant under section 1507-C. (j) Pro rata distribution.--For the 2008-2009 fiscal year, if insufficient funds are appropriated to make Commonwealth payments pursuant to this section, such payments shall be made on a pro rata basis.1949, March 10, P.L. 30, No. 14, art. XV-C, § 1512-C, added 2003, Dec. 23, P.L. 304, No. 48, § 19, imd. effective. Amended 2004, July 4, P.L. 536, No. 70, § 14, imd. effective; 2005 , July 13, P.L. 226, No. 46, § 8, imd. effective; 2006, July 11, P.L. 1092, No. 114, § 2.9, imd. effective; 2007 , July 20, P.L. 278, No. 45, § 9, imd. effective; 2008, July 9, P.L. 846, No. 61, § 7, retroactive effective 7/1/2008.