Bill Text: PA SB598 | 2009-2010 | Regular Session | Amended

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Bill Title: In pupils and attendance, further providing for liability for tuition and enforcement of payment and for cost of tuition.

Spectrum: Slight Partisan Bill (Republican 10-4)

Status: (Engrossed - Dead) 2009-06-12 - Referred to EDUCATION [SB598 Detail]

Download: Pennsylvania-2009-SB598-Amended.html

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PRIOR PRINTER'S NO. 648 PRINTER'S NO. 888
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 598 Session of2009
INTRODUCED BY DINNIMAN, ERICKSON, BROWNE, EARLL, FONTANA, GREENLEAF, PILEGGI, RAFFERTY, STOUT, PICCOLA, WARD, YAW AND VANCE, MARCH 12, 2009
SENATOR PICCOLA, EDUCATION, AS AMENDED, APRIL 21, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for liability for tuition and enforcement of
payment and for cost of tuition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1308 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended June 7, 1993 (P.L.49, No.16), is amended to read:
Section 1308. Liability for Tuition and Enforcement of
Payment.--(a) In all cases not covered by the preceding section
if a charge is made by any school district for tuition for the
inmates of any such institution, the officers of the institution
shall submit to the board of school directors a sworn statement,
setting forth the names, ages, and school districts liable for
tuition of all children who are inmates thereof, and desire to
attend public school in the district. The district in which the
institution is located shall obtain a blank acknowledging or
disclaiming residence, signed by the secretary of the school
district in which the institution declares the legal residence
of the child to be. If said district shall fail to file said
blank within fifteen (15) days from the date it is sent to the
district by registered mail, the district in which the
institution is located shall again notify the district [of its]
and shall notify the secretary of the district's failure to
comply with the provisions of this act. If the district shall
fail to comply within fifteen (15) days following the second
notice, said failures to return the blank shall be construed as
an acknowledgement of said child's residence[.] and shall
authorize the secretary to make payments for tuition charges on
behalf of the district of residence. The district of residence
shall not disclaim an inmate solely for convenience or to avoid
adhering to the timeline set forth in this section for
acknowledging or disclaiming residence of any inmate or for
paying tuition. The tuition of such inmates [as are] included in
the sworn statement to the board of school directors or, in the
case of a school district of the first class, the board of
public education shall be paid by the district of residence of
the inmates upon receipt of a bill from the district in which
the institution is located setting forth the names, ages and
tuition charges of the inmates. The district so charged with
tuition may file an appeal with the Secretary of Education, in
which it shall be the complainant and the district in which the
institution is located the respondent. The decision of the
Secretary of Education, as to which of said parties is
responsible for tuition, shall be final.
(b) Where a bill from the district in which the institution
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is located remains unpaid by the district of residence seventy-
five (75) days following its receipt by the district of
residence, such bill having been sent following the second
notice to the district of residence, the secretary shall be
required to make payments for tuition charges on behalf of the
district of residence. The district in which the institution is
located shall provide the secretary with copies of all bills and
notices previously provided to the district of residence from
which a bill remains unpaid. The secretary shall pay the
district in which the institution is located the amount of the
unpaid bill within thirty (30) days of the receipt of such bills
and notices. Subsequent bills from the district in which the
institution is located for tuition charges incurred for the same
inmates shall be submitted to the secretary, who shall pay such
bills within thirty (30) days of receipt. Where the secretary
makes payments for tuition charges on behalf of a district of
residence, the secretary shall withhold from any payments due to
the district of residence an amount equal to the tuition charges
paid. The district of residence may file an appeal with the
secretary. An appeal by the district of residence shall not
cause delay in payment to the district in which the institution
is located. During the pendency of any issues or disputes <--
regarding tuition charges, including the pendency of any appeal,
the inmate shall continue to receive the full range of
educational services to which he is entitled, including special
education services.
(c) If any inmates have been received from outside of
Pennsylvania, or if the institution cannot certify as to their
residence, their tuition shall be paid by the institution having
the care or custody of said children, except in the case of
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medically indigent children hospitalized in exclusively
charitable children's hospitals exempt under section 501(c)(3)
of the Internal Revenue Code which make no charges to any of its
patients nor accepts any third-party payments for services
provided to any of its patients. In such cases their tuition
shall be paid by the Commonwealth out of moneys appropriated by
the General Assembly for the purposes of this act. Enrollment of
any out-of-state student in a school district or intermediate
unit program shall be conditioned upon a guarantee, or actual
advance receipt, of tuition and transportation payment from the
institution, from the student's home state or out-of-state
school district, or from the out-of-state party or agency which
placed the student in the institution, except in the case of
medically indigent children hospitalized in exclusively
charitable children's hospitals exempt under section 501(c)(3)
of the Internal Revenue Code which make no charges to any of its
patients nor accepts any third-party payments for services
provided to any of its patients where the Commonwealth is paying
the tuition as otherwise provided for in this paragraph. If the
Secretary of Education decides that the legal residence of any
of said inmates is in Pennsylvania, but cannot be fixed in a
particular district, the Commonwealth shall pay the tuition of
such inmate out of moneys appropriated to the Department of
Education by the General Assembly for the maintenance and
support of the public schools of the Commonwealth.
Section 2. Section 1309(a) of the act is amended by adding a
paragraph to read:
Section 1309. Cost of Tuition; How Fixed.--(a) The cost of
tuition in such cases shall be fixed as is now provided by law
for tuition costs in other cases, except in the following
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circumstances:
* * *
(3) When a child who is an inmate of an institution receives
specialized instruction, including remedial, rehabilitative or
alternative education or services, the district in which the
institution is located may charge the district of residence and
the district of residence shall pay the full cost for such
specialized instruction, including remedial, rehabilitative or
alternative education or services. Such charge when combined
with the applicable tuition charge shall not exceed the total
net cost of the education or services provided.
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Section 3. This act shall take effect in 60 days.
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