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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, EICHELBERGER, VANCE, WAUGH, SCHWANK, EARLL AND TARTAGLIONE, NOVEMBER 22, 2011 |
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| REFERRED TO EDUCATION, NOVEMBER 22, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for funding for |
6 | charter schools. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1725-A(a) of the act of March 10, 1949 |
10 | (P.L.30, No.14), known as the Public School Code of 1949, |
11 | amended June 29, 2002 (P.L.524, No.88), is amended and the |
12 | section is amended by adding a paragraph to read: |
13 | Section 1725-A. Funding for Charter Schools.--(a) Funding |
14 | for a charter school shall be provided in the following manner: |
15 | (1) There shall be no tuition charge for a resident or |
16 | nonresident student attending a charter school. |
17 | (2) For non-special education students between eight and 17 |
18 | years of age who are enrolled in compulsory education programs, |
19 | the charter school shall receive for each student enrolled no |
20 | less than the budgeted total expenditure per average daily |
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1 | membership of the prior school year, as defined in section |
2 | 2501(20), minus the budgeted expenditures of the district of |
3 | residence for nonpublic school programs; adult education |
4 | programs; community/junior college programs; student |
5 | transportation services; for special education programs; |
6 | facilities acquisition, construction and improvement services; |
7 | and other financing uses, including debt service and fund |
8 | transfers as provided in the Manual of Accounting and Related |
9 | Financial Procedures for Pennsylvania School Systems established |
10 | by the department. This amount shall be paid by the district of |
11 | residence of each student. |
12 | (2.1) For non-special education students under eight years |
13 | of age who are enrolled in non-compulsory education programs, |
14 | the charter school shall receive no less than the budgeted total |
15 | expenditure per average daily membership of the prior school |
16 | year, as defined in paragraph (2) prorated to reflect the extent |
17 | to which the charter school's non-compulsory education program |
18 | conforms with the age restriction policies and annual |
19 | instructional hours for the programs offered by the district of |
20 | residence. |
21 | (3) For special education students, the charter school shall |
22 | receive for each student enrolled the same funding as for each |
23 | non-special education student as provided in clause (2), plus an |
24 | additional amount determined by dividing the district of |
25 | residence's total special education expenditure by the product |
26 | of multiplying the combined percentage of section 2509.5(k) |
27 | times the district of residence's total average daily membership |
28 | for the prior school year. This amount shall be paid by the |
29 | district of residence of each student. |
30 | (4) A charter school may request the intermediate unit in |
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1 | which the charter school is located to provide services to |
2 | assist the charter school to address the specific needs of |
3 | exceptional students. The intermediate unit shall assist the |
4 | charter school and bill the charter school for the services. The |
5 | intermediate unit may not charge the charter school more for any |
6 | service than it charges the constituent districts of the |
7 | intermediate unit. |
8 | (5) Payments shall be made to the charter school in twelve |
9 | (12) equal monthly payments, by the fifth day of each month, |
10 | within the operating school year. A student enrolled in a |
11 | charter school shall be included in the average daily membership |
12 | of the student's district of residence for the purpose of |
13 | providing basic education funding payments and special education |
14 | funding pursuant to Article XXV. If a school district fails to |
15 | make a payment to a charter school as prescribed in this clause, |
16 | the secretary shall deduct the estimated amount, as documented |
17 | by the charter school, from any and all State payments made to |
18 | the district after receipt of documentation from the charter |
19 | school. |
20 | (6) Within thirty (30) days after the secretary makes the |
21 | deduction described in clause (5), a school district may notify |
22 | the secretary that the deduction made from State payments to the |
23 | district under this subsection is inaccurate. The secretary |
24 | shall provide the school district with an opportunity to be |
25 | heard concerning whether the charter school documented that its |
26 | students were enrolled in the charter school, the period of time |
27 | during which each student was enrolled, the school district of |
28 | residence of each student and whether the amounts deducted from |
29 | the school district were accurate. |
30 | Section 2. This act shall take effect in 60 days. |
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