SS/SB 247 – This act modifies the elementary and secondary education foundation formula. This act modifies the phase-in of the SB 287 formula (2005). Currently, the phase-in requires that school districts receive a percentage of their payment from the old SB 380 formula and a percentage from the SB 287 formula. This act eliminates the portion of the payment that comes from the SB 380 formula. Instead, all payments will be based on the SB 287 formula with a proration method to accommodate available appropriations. This act provides proration benchmarks for appropriations beginning in fiscal year 2013 that increase and continue until fiscal year 2016. In any year in which appropriations do not equal the amount necessary to fully fund the formula, payments will be modified to accommodate available appropriations. Payment reductions or increases will be calculated differently for hold-harmless and formula districts. If the formula is overfunded, payments to hold-harmless districts will be increased at half the rate of formula districts. If appropriations are less than what is required to fully fund the formula, payments to hold-harmless districts will be decreased at half the rate of formula districts. In addition, current law allows the state adequacy target to be adjusted to accommodate available appropriations upon completion of the existing phase-in. This adjustment method is eliminated. Language pertaining to the summer school penalty, which terminated at the end of the 2008-2009 school year, is repealed. These provisions are substantially similar to HCS/HB 446 (2011). (Sections 163.011 & 163.031) Beginning with the 2011-2012 school year, summer school attendance to be included in average daily attendance will only count attendance hours based exclusively on academic areas of study or hours required by a student's individualized education program. Curriculum must be based on core subject areas. Each school district must verify to the Department of Elementary and Secondary Education that the district's summer school program conforms to this requirement. School districts may provide a summer school program that offers nonacademic or enrichment activities at the district's expense. This provision is identical to a provision contained in SCS/SB 253 (2011) and HB 642 (2011). (Section 163.036) This act repeals language that would trigger an increase in state funding if summer school attendance were to decrease by twenty-five percent as compared to the 2005-2006 school year summer school attendance. This provision is identical to a provision contained in CCS/SCS/SB 81 (2011), SCS/SB 253 (2011), HCS/HB 446 (2011), and HB 642 (2011). (Section 163.037) This act contains an emergency clause for the summer school provisions in sections 163.036 and 163.037. (Section B) This act also contains an effective date of July 1, 2012 for the changes to sections 163.011 and 163.031. (Section C) This act contains provisions identical to SCS/SB 253 (2011). MICHAEL RUFF