Section 16-1607.1 - Distressed school districts and student attendance in other districts(a) If a third class school district in which a public high school is not maintained operates and, for at least five consecutive years, has operated under a special board of control under section 692, has been placed on the education empowerment list under section 1703-B, has, with the approval of the secretary, curtailed its educational program by eliminating its high school and has not assigned its high school pupils to another school district or school districts and provided adequate transportation in a manner pursuant to section 1607, the secretary shall have the following authority:(1) To designate two or more school districts that shall accept on a tuition basis the high school students of a distressed school district, so long as a designated school district's border is no more than three miles from the border of the distressed school district. Such designation shall occur no later than fifteen (15) days after the effective date of this section. No designated school district shall be assigned more than one hundred sixty-five (165) students from the distressed school district.(2) To establish a process that a distressed school district shall use to reassign its high school students to the school districts designated under paragraph (1).(3) To establish the per-pupil tuition rate that a school district designated under paragraph (1) shall receive for each reassigned student in a regular or special education program. For the 2007-2008 school year, the tuition rate shall be the 2006-2007 high school tuition charge of each of the school districts designated under paragraph (1). For the 2008-2009 school year and each school year thereafter, the tuition rate established under this paragraph may not exceed the tuition rate established for the 2007-2008 school year multiplied by the greater of either two per centum (2%) or the percentage increase in total budgeted revenues available to a distressed school district.(b) A school district designated under subsection (a)(1) shall provide transportation to reassigned students to its high school and shall be eligible for transportation reimbursement in a manner consistent with section 2541 . (c) The secretary shall publish the following on the Department of Education's Internet website no later than August 1, 2007, and August 1 of each year thereafter and in the Pennsylvania Bulletin no later than September 30, 2007, and September 30 of each year thereafter: (1) The names of the school districts designated under subsection (a)(1).(2) The process established under subsection (a)(2).(3) The tuition rate established under subsection (a)(3).(d) Notwithstanding any other provision of law, regulation, guideline, directive, decision or agreement to the contrary, any school district that is designated under subsection (a)(1) may not be required to include the students in its public school enrollment report for the purposes of determining an interscholastic sports classification by a private entity that is organized under the laws of this Commonwealth to administer interscholastic athletics.(e) A student assigned to a school district designated under subsection (a)(1) shall be included in the average daily membership of the student's school district of residence for the purpose of providing basic education funding allocations and special education funding payments pursuant to Article XXV. (f) No later than February 1, 2008, and February 1 of each year thereafter, the Legislative Budget and Finance Committee shall submit a report to the chairman and minority chairman of the Appropriations and Education Committees of the Senate and to the chairman and minority chairman of the Appropriations and Education Committees of the House of Representatives summarizing the financial and academic status of a distressed school district under this section and including an audit of its accounts for the immediately preceding school year.(g) For the 2007-2008 and 2008-2009 school years, a school district designated under subsection (a)(1) shall receive an additional per-pupil sum of five hundred dollars ($500) for students reassigned pursuant to this section. These additional funds shall be used for transition services to students, including, but not limited to, student mentoring, tutoring, employe in-service programs designed to assist transitioning students and security expenditures.(h)(1) No later than October 1, 2007, the secretary shall establish an Education Advisory Committee which shall provide semi-annual reports to the secretary. Such reports to the secretary may include, but are not limited to:(i) An evaluation of the transition of students who have been assigned to a school district designated under subsection (a)(1).(ii) Recommendations for changes to the process established under subsection (a)(2).(iii) Recommendations for improving education opportunities for students of a distressed school district under this section.(2) The secretary shall provide the Education Advisory Committee a written response to the semi-annual report required under this paragraph.(3) The Education Advisory Committee shall consist of members selected by the secretary, including: (i) A representative of each school district designated under subsection (a)(1) recommended by the board of school directors of the designated school district.(ii) A member of the board of control of the distressed school district.(iii) An administrator from each school district designated under subsection (a)(1) and from the distressed school district.(iv) A teacher from each school district designated under subsection (a)(1) and from the distressed school district.(v) An elected official representing voters in each school district designated under subsection (a)(1) and the distressed school district.(vi) Three residents of each of the school districts designated under subsection (a)(1).(vii) Three residents of the distressed school district.(viii) An employe of the Department of Education, who shall not be a current member of the board of control.(ix) A representative of the intermediate unit in which the school districts designated under subsection (a)(1) and the distressed school district are located.1949, March 10, P.L. 30, art. XVI, § 1607.1, added 2007 , July 20, P.L. 278, No. 45, § 14, imd. effective.