§ 329.7. Subsidy reimbursement for school districts which operate during strikes.
(a) When a strike occurs, the superintendent of the district shall notify the Department if instruction will be offered during the strike. If instruction is not offered during the strike, the district will not be allowed to count its students as being in membership for purposes of calculating the ADM of the district.
(b) If the district attempts to offer instruction during the strike, the following procedures apply:
(1) If there is an attempt to bring students in for instruction on the first day of the strike, the district shall be allowed to count its students as being in membership on that day for purposes of computing the membership figures of the district.
(2) On the second day of the strike and thereafter, the Department will arrange for a team to visit the district to ascertain the following facts:
(i) The degree to which the provisions of Chapter 5 (Reserved) are being met.
(ii) Whether personnel instructing students are properly certificated and, if substitutes are used, whether they are properly approved by the school board.
(3) School district staff and personnel shall fully cooperate with the Department team.
(4) Within a week of the termination of the strike, the Department team will submit a report to the Commissioner of Basic Education.
(5) The Commissioner will then prepare and submit a preliminary report to the superintendent of the school district for review and comment. The superintendent may, within 10 days of the receipt of the preliminary report, submit comments to the Commissioner.
(6) The Commissioner will then prepare a final report incorporating the comments of the superintendent. On the basis of this report, the Commissioner will determine if all or part of the instruction offered on each day of the strike was appropriate for purposes of subsidy reimbursement.
(c) If the instruction is found to be inappropriate by the Commissioner, the district will not be allowed to count those students who were in attendance as part of the membership figures of the district.
(d) If the instruction is found to be appropriate by the Commissioner, then the following totals shall be ascertained:
(1) The number of minutes of approved instruction offered to the students each day during the strike.
(2) If the number of minutes determined in paragraph (1) is equal to the average minutes per day on the calendar of the school, then ADM shall be calculated as set forth in § 329.3(1) (relating to computations).
(3) If the number of minutes determined in paragraph (1) for any day is less than the average minutes per day on the calendar of the school, then ADM shall be multiplied by the following fraction: total minutes of approved instruction per day
average minutes per day on calendarThis product shall be the membership for each day of the strike.
Source The provisions of this § 329.7 adopted May 25, 1979, effective May 26, 1979, 9 Pa.B. 1668; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2156. Immediately preceding text appears at serial page (42261).
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