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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY O'PAKE, FONTANA, WARD, FERLO, LOGAN, DINNIMAN AND BOSCOLA, JUNE 11, 2010 |
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| REFERRED TO EDUCATION, JUNE 11, 2010 |
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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 subsection 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] Except as provided for in subsection (a.1), |
16 | there shall be no tuition charge for a resident or nonresident |
17 | student attending a charter school. |
18 | (2) For non-special education students, the charter school |
19 | shall receive for each student enrolled no less than the |
20 | budgeted total expenditure per average daily membership of the |
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1 | prior school year, as defined in section 2501(20), minus the |
2 | budgeted expenditures of the district of residence for nonpublic |
3 | school programs; adult education programs; community/junior |
4 | college programs; student transportation services; for special |
5 | education programs; facilities acquisition, construction and |
6 | improvement services; and other financing uses, including debt |
7 | service and fund transfers as provided in the Manual of |
8 | Accounting and Related Financial Procedures for Pennsylvania |
9 | School Systems established by the department. [This] Except as |
10 | provided in subsection (a.1), this amount shall be paid by the |
11 | district of residence of each student. |
12 | (3) For special education students, the charter school shall |
13 | receive for each student enrolled the same funding as for each |
14 | non-special education student as provided in clause (2), plus an |
15 | additional amount determined by dividing the district of |
16 | residence's total special education expenditure by the product |
17 | of multiplying the combined percentage of section 2509.5(k) |
18 | times the district of residence's total average daily membership |
19 | for the prior school year. [This] Except as provided in |
20 | subsection (a.1), this amount shall be paid by the district of |
21 | residence of each student. |
22 | (4) A charter school may request the intermediate unit in |
23 | which the charter school is located to provide services to |
24 | assist the charter school to address the specific needs of |
25 | exceptional students. The intermediate unit shall assist the |
26 | charter school and bill the charter school for the services. The |
27 | intermediate unit may not charge the charter school more for any |
28 | service than it charges the constituent districts of the |
29 | intermediate unit. |
30 | (5) Payments shall be made to the charter school in twelve |
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1 | (12) equal monthly payments, by the fifth day of each month, |
2 | within the operating school year. A student enrolled in a |
3 | charter school shall be included in the average daily membership |
4 | of the student's district of residence for the purpose of |
5 | providing basic education funding payments and special education |
6 | funding pursuant to Article XXV. If a school district fails to |
7 | make a payment to a charter school as prescribed in this clause, |
8 | the secretary shall deduct the estimated amount, as documented |
9 | by the charter school, from any and all State payments made to |
10 | the district after receipt of documentation from the charter |
11 | school. |
12 | (6) Within thirty (30) days after the secretary makes the |
13 | deduction described in clause (5), a school district may notify |
14 | the secretary that the deduction made from State payments to the |
15 | district under this subsection is inaccurate. The secretary |
16 | shall provide the school district with an opportunity to be |
17 | heard concerning whether the charter school documented that its |
18 | students were enrolled in the charter school, the period of time |
19 | during which each student was enrolled, the school district of |
20 | residence of each student and whether the amounts deducted from |
21 | the school district were accurate. |
22 | (a.1) If a public school district offers a cyber-based |
23 | program equal in scope and content to an existing publicly |
24 | chartered cyber charter school and a student in that district |
25 | attends a cyber charter school instead of the district's cyber- |
26 | based program, the school district shall not be required to |
27 | provide funding to pay for a student's attendance at a cyber |
28 | charter school. Payment for such student shall be made by the |
29 | Commonwealth in accordance with subsection (a)(2) or (3). |
30 | * * * |
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1 | Section 2. This act shall take effect in 60 days. |
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