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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY DINNIMAN, ERICKSON, BROWNE, EARLL, FONTANA, GREENLEAF, PILEGGI, RAFFERTY, STOUT, PICCOLA AND WARD, MARCH 12, 2009 |
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| REFERRED TO EDUCATION, MARCH 12, 2009 |
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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," in pupils and attendance, further |
6 | providing for liability for tuition and enforcement of |
7 | payment and for cost of tuition. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1308 of the act of March 10, 1949 |
11 | (P.L.30, No.14), known as the Public School Code of 1949, |
12 | amended June 7, 1993 (P.L.49, No.16), is amended to read: |
13 | Section 1308. Liability for Tuition and Enforcement of |
14 | Payment.--(a) In all cases not covered by the preceding section |
15 | if a charge is made by any school district for tuition for the |
16 | inmates of any such institution, the officers of the institution |
17 | shall submit to the board of school directors a sworn statement, |
18 | setting forth the names, ages, and school districts liable for |
19 | tuition of all children who are inmates thereof, and desire to |
20 | attend public school in the district. The district in which the |
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1 | institution is located shall obtain a blank acknowledging or |
2 | disclaiming residence, signed by the secretary of the school |
3 | district in which the institution declares the legal residence |
4 | of the child to be. If said district shall fail to file said |
5 | blank within fifteen (15) days from the date it is sent to the |
6 | district by registered mail, the district in which the |
7 | institution is located shall again notify the district [of its] |
8 | and shall notify the secretary of the district's failure to |
9 | comply with the provisions of this act. If the district shall |
10 | fail to comply within fifteen (15) days following the second |
11 | notice, said failures to return the blank shall be construed as |
12 | an acknowledgement of said child's residence[.] and shall |
13 | authorize the secretary to make payments for tuition charges on |
14 | behalf of the district of residence. The district of residence |
15 | shall not disclaim an inmate solely for convenience or to avoid |
16 | adhering to the timeline set forth in this section for |
17 | acknowledging or disclaiming residence of any inmate or for |
18 | paying tuition. The tuition of such inmates [as are] included in |
19 | the sworn statement to the board of school directors or, in the |
20 | case of a school district of the first class, the board of |
21 | public education shall be paid by the district of residence of |
22 | the inmates upon receipt of a bill from the district in which |
23 | the institution is located setting forth the names, ages and |
24 | tuition charges of the inmates. The district so charged with |
25 | tuition may file an appeal with the Secretary of Education, in |
26 | which it shall be the complainant and the district in which the |
27 | institution is located the respondent. The decision of the |
28 | Secretary of Education, as to which of said parties is |
29 | responsible for tuition, shall be final. |
30 | (b) Where a bill from the district in which the institution |
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1 | is located remains unpaid by the district of residence seventy- |
2 | five (75) days following its receipt by the district of |
3 | residence, such bill having been sent following the second |
4 | notice to the district of residence, the secretary shall be |
5 | required to make payments for tuition charges on behalf of the |
6 | district of residence. The district in which the institution is |
7 | located shall provide the secretary with copies of all bills and |
8 | notices previously provided to the district of residence from |
9 | which a bill remains unpaid. The secretary shall pay the |
10 | district in which the institution is located the amount of the |
11 | unpaid bill within thirty (30) days of the receipt of such bills |
12 | and notices. Subsequent bills from the district in which the |
13 | institution is located for tuition charges incurred for the same |
14 | inmates shall be submitted to the secretary, who shall pay such |
15 | bills within thirty (30) days of receipt. Where the secretary |
16 | makes payments for tuition charges on behalf of a district of |
17 | residence, the secretary shall withhold from any payments due to |
18 | the district of residence an amount equal to the tuition charges |
19 | paid. The district of residence may file an appeal with the |
20 | secretary. An appeal by the district of residence shall not |
21 | cause delay in payment to the district in which the institution |
22 | is located. |
23 | (c) If any inmates have been received from outside of |
24 | Pennsylvania, or if the institution cannot certify as to their |
25 | residence, their tuition shall be paid by the institution having |
26 | the care or custody of said children, except in the case of |
27 | medically indigent children hospitalized in exclusively |
28 | charitable children's hospitals exempt under section 501(c)(3) |
29 | of the Internal Revenue Code which make no charges to any of its |
30 | patients nor accepts any third-party payments for services |
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1 | provided to any of its patients. In such cases their tuition |
2 | shall be paid by the Commonwealth out of moneys appropriated by |
3 | the General Assembly for the purposes of this act. Enrollment of |
4 | any out-of-state student in a school district or intermediate |
5 | unit program shall be conditioned upon a guarantee, or actual |
6 | advance receipt, of tuition and transportation payment from the |
7 | institution, from the student's home state or out-of-state |
8 | school district, or from the out-of-state party or agency which |
9 | placed the student in the institution, except in the case of |
10 | medically indigent children hospitalized in exclusively |
11 | charitable children's hospitals exempt under section 501(c)(3) |
12 | of the Internal Revenue Code which make no charges to any of its |
13 | patients nor accepts any third-party payments for services |
14 | provided to any of its patients where the Commonwealth is paying |
15 | the tuition as otherwise provided for in this paragraph. If the |
16 | Secretary of Education decides that the legal residence of any |
17 | of said inmates is in Pennsylvania, but cannot be fixed in a |
18 | particular district, the Commonwealth shall pay the tuition of |
19 | such inmate out of moneys appropriated to the Department of |
20 | Education by the General Assembly for the maintenance and |
21 | support of the public schools of the Commonwealth. |
22 | Section 2. Section 1309(a) of the act is amended by adding a |
23 | paragraph to read: |
24 | Section 1309. Cost of Tuition; How Fixed.--(a) The cost of |
25 | tuition in such cases shall be fixed as is now provided by law |
26 | for tuition costs in other cases, except in the following |
27 | circumstances: |
28 | * * * |
29 | (3) When a child who is an inmate of an institution receives |
30 | specialized instruction, including remedial, rehabilitative or |
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1 | alternative education or services, the district in which the |
2 | institution is located may charge the district of residence and |
3 | the district of residence shall pay the full cost for such |
4 | specialized instruction, including remedial, rehabilitative or |
5 | alternative education or services. Such charge when combined |
6 | with the applicable tuition charge shall not exceed the total |
7 | net cost of the education or services provided. |
8 | * * * |
9 | Section 3. This act shall take effect in 60 days. |
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