Section 25-2595 - School performance incentives(a) The purpose of this section is to establish a program of school performance incentives to reward significant educational improvements and the maintenance of high levels of achievement and effort, to encourage accountability programs with school districts, to evoke further school performance improvement and to foster collegial participation by school employes in improving school performance.(b) Any public elementary school, secondary school or area career and technical school is eligible to participate in the school performance program.(c)(1) School performance will be determined by improvements in student accomplishment or maintenance of high standards using the following criteria: (i) student achievement as measured by performance on assessments developed by the department or by the State Board of Education through regulation and pursuant to this act;(ii) graduation rates as measured by the increase in the proportion of students continuing their education in grades nine through twelve;(iii) attendance rates as measured by an increase in the proportion of students attending school on a regular basis;(iv) rates of employment related to the training received by area career and technical school graduates until such time as an occupational competency testing program is established and which meets the measurement requirements in this section; or(v) maintenance of high standards in any of the criteria in paragraphs (i), (iii) or (iv) for a period of three (3) consecutive school years beginning with the 1997-1998 school year. In order to receive an award for maintenance of high standards, a school must achieve and maintain a minimum high baseline as established by the Department of Education.(2) Improvements in school performance or maintenance of high standards shall be calculated on performance levels comparing the assessment results from one school year to the average of two or more years, as determined by the Department of Education.(3) All data submissions from the schools shall be subject to audit, and any incentive payment amounts subsequently determined to be excessive due to inappropriate data shall be deducted from subsequent basic education funding payments.(4) The Secretary of Education shall monitor and evaluate the criteria for selection of schools and shall annually determine and publish the required level of performance improvement or maintenance of high standards for schools to be awarded incentive payments.(d) The Secretary of Education shall award on account of each school that meets the required level of performance improvement or maintenance of high standards an amount determined by multiplying the number of students in the school by the fixed amount per student established annually when the appropriation for the school performance incentives funding is established. All awards shall be limited to funds appropriated for this purpose. The incentive awards will be distributed to the school districts based on the number of students enrolled in the qualifying school October 1 of the school year in which the criteria for the award was met. Each school performance incentive payment shall be made in a single payment, and the Secretary of Education shall draw his requisition upon the State Treasurer in favor of each school district with qualifying schools.(e)(1) Incentive funds shall be paid to the school district for use only by schools which qualify pursuant to subsection (c). Payments received by school districts with qualifying schools may be applied to one or more of the following uses: (i) Instructional equipment and materials, including, but not limited to, textbooks, library holdings, laboratory equipment and supplies; computers, software, telecommunications equipment and support services; facilities and support services for distance learning and staff development.(ii) Initiatives which involve parents and families in the school.(iii) Assistance in the introduction or advancement of curricular and instructional improvements.(iv) Other uses reasonably expected to improve school performance or to enhance teaching and learning in the school.(v) At least fifty percent (50%) of the amount received must be spent on the planning, delivery and assessment of the school's instructional program, including staff development for these purposes.(vi) No more than twenty-five percent (25%) of the total received for the qualifying school shall be for direct payments to the professional employes of the school.(2) Uses of incentive funds, as provided in clause (1) of this subsection, in each school shall be determined by a committee chaired by the principal of the school and composed of teachers, support personnel, parents, community and business representatives.(f) Incentive funds provided pursuant to this section shall be used to supplement and not to supplant any other sources of funds for the operation of qualifying schools and the instructional program of such schools.(f.1) Up to three million dollars ($3,000,000) of the allocation for school performance funding under this section may be used to fund an incentive program for School District Performance Measures (SDPM) to be based upon the individual performance of employes of a school district.(1) School districts shall apply annually for an SDPM award in a format established by the Department of Education.(2) The Department of Education shall review school district professional teacher accountability plans that contain differentiated rewards and sanctions based on individual job performance.(3) The Department of Education shall review the submitted school district accountability plans and rate them for impact on the individual employe according to financial and programmatic measures, including compensation and training and other rewards and sanctions.(4) The Department of Education shall use the total impact of each plan times the number of professional staff affected in the school district to award SDPM incentive grants to school districts.(5) If the amount for awards under this subsection exceeds the amount allocated for that purpose, the awards shall be reduced to reflect the amount allocated.(f.2) Pursuant to guidelines issued by the Department of Education, up to ten percent (10%) of the allocation for school performance funding under this section may be used by the department to establish an incentive program to reward school entities that show improved academic performance as evidenced by an increase in the percentage of students who score at or above the level of proficiency set by the State Board of Education to meet the requirements of section 2603-B(d)(10)(i) and who are in disaggregated groups, including the following: (1) Economically disadvantaged students.(2) Students from major racial and ethnic groups.(3) Students with disabilities.(4) Students with limited English proficiency.(g)(1) Each school district with one or more schools receiving a school performance incentive payment shall report to the Secretary of Education no later than October 31 of the fiscal year following the year in which such funds were expended on the use of the funds, the results of the use of such funds and the maintenance of the fiscal effort on behalf of the qualified school buildings of such school districts. Reports by school districts, as provided for in this subsection, shall be submitted in a form determined by the Secretary of Education.(2) The Secretary of Education shall file a report by the end of 1998-1999 fiscal year and annually thereafter with the Education Committee of the Senate and the Education Committee of the House of Representatives a report on the operation of the school performance incentives program provided for herein, including any recommendations for changes in the selection criteria.(h) Nothing contained in this section shall be construed to supersede or preempt any provisions of a collective bargaining agreement negotiated by a school and the employe organization district, intermediate unit or area career and technical school that is in effect on the effective date of this section.Amended by P.L. TBD 2019 No. 76, § 61, eff. 12/30/2019.1949, March 10, P.L. 30, No. 14, art. XXV, § 2595, added 1988 , Oct. 20, P.L. 827, No. 110, § 13. Repealed 1997, June 25, P.L. 297, No. 30, § 19, effective 7/1/1997. Reenacted and amended 1998 , April 27, P.L. 270, No. 46, § 22, effective 7/1/1998; 1999, June 26, P.L. 394, No. 36, § 13, effective 7/1/1999; 2000, May 10, P.L. 44, No. 16, § 16, effective 7/1/2000; 2002, June 29, P.L. 524, No. 88, § 29, effective 7/1/2002; 2002, Dec. 9, P.L. 1472, No. 187, § 13, imd. effective.