PRIOR PRINTER'S NO. 1637 PRINTER'S NO. 1886
No. 1318 Session of 1991
INTRODUCED BY COWELL, HAYES, O'DONNELL, KOSINSKI, HERMAN,
E. Z. TAYLOR, DALEY, STAIRS, KUKOVICH, FAJT, MARKOSEK,
SALOOM, VROON, SERAFINI, LANGTRY, COLAIZZO, DEMPSEY,
CAPPABIANCA, PRESTON, STABACK, SAURMAN, NAHILL, TRELLO,
MELIO, MURPHY, STISH, TRICH, PESCI, GIGLIOTTI, LAUGHLIN,
GANNON, MUNDY, TIGUE, COLAFELLA, LESCOVITZ, RUDY, ROEBUCK,
BATTISTO, ITKIN, COY, CARONE, ROBINSON, DAVIES, ADOLPH,
CLYMER, PETRARCA, MICOZZIE, COHEN, LINTON AND KASUNIC,
MAY 15, 1991
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 6, 1991
AN ACT
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 the cost of
6 tuition and maintenance of certain exceptional children.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 1376 and 1376.1 of the act of March 10,
10 1949 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended July 8, 1989 (P.L.253, No.43), are amended to read:
12 Section 1376. Cost of Tuition and Maintenance of Certain
13 Exceptional Children in Approved Institutions.--(a) When any
14 child between school entry age and twenty-one (21) years of age
15 and resident in this Commonwealth, who is blind or deaf, or
16 [afflicted with] who has cerebral palsy and/or [brain damage] <--
1 NEUROLOGICAL IMPAIRMENT and/or muscular dystrophy and/or is <--
2 mentally retarded and/or [socially and emotionally disturbed,]
3 who has a serious emotional disturbance, and/or has
4 autism/pervasive developmental disorder, and is enrolled, with
5 the approval of the Department of Education, as a pupil in an
6 approved private school [for the blind or deaf, or cerebral
7 palsied and/or brain damaged and/or muscular dystrophied and/or
8 mentally retarded, and/or socially and emotionally disturbed,]
9 approved by the Department of Education, in accordance with
10 standards and regulations promulgated by the State Board of
11 Education, the school district in which such child is resident
12 shall pay the greater of either twenty per centum (20%) of the
13 actual audited cost of tuition and maintenance of such child in
14 such school, as determined by the Department of Education, or
15 its "tuition charge per elementary pupil" or its "tuition charge
16 per high school pupil," and the Commonwealth shall pay, out of
17 funds appropriated to the department for special education, the
18 balance due for the costs of such child's tuition and
19 maintenance, as determined by the department in accordance with
20 subsection (c). For the school years 1989-1990, 1990-1991 and
21 1991-1992, the school district payment shall be no greater than
22 forty percent (40%) of the actual audited costs of tuition and
23 maintenance of such child in such school. The department will
24 credit the district of residence with average daily membership
25 for such child consistent with the rules of procedure developed
26 in accordance with section 2501. If the residence of such child
27 in a particular school district cannot be determined, the
28 Commonwealth shall pay, out of moneys appropriated to the
29 department for special education, the whole cost of tuition and
30 maintenance of such child[. The Department of Education shall be
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1 provided with such financial data from approved private schools
2 as may be necessary to determine the reasonableness of costs for
3 tuition and room and board concerning Pennsylvania resident
4 approved reimbursed students. The Department of Education shall
5 evaluate such data and shall disallow any cost deemed
6 unreasonable. Any costs deemed unreasonable by the Department of
7 Education for disallowance shall be considered an adjudication
8 within the meaning of Title 2 of the Pa.C.S. (relating to
9 administrative law and procedure) and regulations promulgated
10 thereunder.] in accordance with subsection (c).
11 (b) When any person less than school entry age or more than
12 twenty-one (21) years of age and resident in this Commonwealth,
13 who is blind or deaf, or [afflicted with] has cerebral palsy
14 and/or has brain damage [BRAIN DAMAGE] HAS NEUROLOGICAL <--
15 IMPAIRMENT and/or has muscular dystrophy, or has
16 autism/pervasive developmental delay, and is enrolled, with the
17 approval of the Department of Education, as a pupil in an
18 approved private school [for the blind or deaf, or cerebral
19 palsied and/or brain damaged and/or muscular dystrophied,]
20 approved by the Department of Education, the Commonwealth shall
21 pay to such school, out of moneys appropriated to the department
22 for special education[, the actual audited cost of tuition and
23 maintenance of such person, as determined by the Department of
24 Education, subject to review and approval in accordance with
25 standards and regulations promulgated by the State Board of
26 Education, and in addition,] in accordance with subsection (c),
27 including, in the case of any child less than school entry age,
28 who is blind, the cost, as determined by the Department of
29 Education of instructing the parent of such blind child in
30 caring for such child.
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1 [(c) Each approved private school, prior to the start of the
2 school year, shall submit to the department such information as
3 the department may require in order to establish an estimate of
4 reimbursable costs. Based upon this information, any other data
5 deemed necessary by the department and in accordance with
6 department standards, the department shall develop for each
7 approved private school an estimate of reimbursable costs. Based
8 upon such estimate, the department shall provide each approved
9 private school with quarterly payments in advance of department
10 audit. The department may withhold a portion of such payments
11 not exceeding five percent (5%) of such payment, pending final
12 audit. In no event shall either the advance payments or final
13 reimbursement made by the department following audit exceed the
14 appropriation available for approved private schools.]
15 (c) The procedures for the development of pre-approved
16 budgets for approved private schools shall be as follows:
17 (1) On or before August 30 of the school year previous to
18 the school year of operation, each approved private school shall
19 submit to the Department of Education a program plan and budget
20 which specifies in detail the special education services to be
21 provided to approved residents of this Commonwealth. These
22 estimates shall form the preliminary estimate of the approved
23 private school's line item in the department's budget.
24 (2) On or before November 15 of the school year previous to
25 the school year of operation, each approved private school shall
26 submit any revisions to their August estimated program plan and
27 budget.
28 (3) By February 1 of the school year previous to the school
29 year of operation, the department shall review the detailed
30 program plans and budgets and discuss modifications with each
19910H1318B1886 - 4 -
1 approved school.
2 (4) Between February 1 and April 15 of the school year
3 previous to the school year of operation, the department shall
4 meet with each approved private school to negotiate a pre-
5 approved budget for the following school year. These pre-
6 approved budgets shall form the basis for adjustments to the
7 approved private school's line item in the General
8 Appropriations act for the next fiscal year.
9 (5) On or before January 31 of the school year of operation,
10 each approved private school may submit a request for program
11 plan and/or budget modifications to the department. The
12 department shall respond in writing to the request for
13 modification within thirty (30) days of the receipt of such
14 request. The department may approve, reject or approve in part
15 the requested modifications.
16 (6) Based upon the approved budget, the department shall
17 provide each approved private school with quarterly payments
18 during the year of operation of the program. The department may
19 withhold a portion of such payments not exceeding five per
20 centum (5%) of such payment pending final audit. Under no
21 circumstances shall either the advance payments or final
22 reimbursement made by the department following audit exceed the
23 appropriation available for approved private schools.
24 (7) An independent audit report for the preceding fiscal
25 year which is consistent with department audit standards shall
26 be submitted by each approved private school to the department
27 no later than one hundred twenty (120) days after the close of
28 the preceding fiscal year. The department shall review each
29 audit and make a determination of its acceptance. Such
30 determination shall be communicated in writing to the approved
19910H1318B1886 - 5 -
1 private school within one hundred twenty (120) days of its
2 receipt; otherwise, the audit shall be deemed to be approved and
3 accepted. The determination of acceptance shall be considered an
4 adjudication within the meaning of 2 Pa.C.S. (relating to
5 administrative law and procedure) and regulations promulgated
6 thereunder. Final payment to the approved private school shall
7 be made within ninety (90) days of acceptance of the audit by
8 the department.
9 (d) No private institution receiving payment in accordance
10 with this section shall impose any charge on the student and/or
11 parents who are Pennsylvania approved reimbursable residents for
12 a program of individualized instruction and maintenance
13 appropriate to the child's needs; except that charges for
14 services not part of such program may be made if agreed to by
15 the parents.
16 Section 1376.1. Actual Cost of Tuition and Maintenance of
17 Certain Exceptional Children in the Four Chartered Schools for
18 Education of the Deaf and the Blind.--(a) The following term,
19 whenever used or referred to in this section, shall have the
20 following meaning. "Chartered school" shall mean any of the four
21 (4) chartered schools for the education of the deaf or the
22 blind: the Pennsylvania School for the Deaf; the Overbrook
23 School for the Blind; the Western Pennsylvania School for Blind
24 Children; and the Western Pennsylvania School for the Deaf.
25 (b) When any child of school age resident in this
26 Commonwealth, who is blind or deaf, is enrolled with the
27 approval of the Department of Education as a pupil in any of the
28 four (4) chartered schools in accordance with standards and
29 regulations promulgated by the State Board of Education, the
30 school district in which such child is resident shall pay the
19910H1318B1886 - 6 -
1 greater of either twenty percent (20%) of the actual cost of
2 tuition and maintenance of such child in such institution, as
3 determined by the Department of Education in accordance with
4 subsection (e); or its "tuition charge per elementary pupil" or
5 its "tuition charge per high school pupil," and the Commonwealth
6 shall pay, out of funds appropriated to the department for
7 special education, the balance due for the costs of such child's
8 tuition and maintenance, as determined by the department in
9 accordance with subsection (e). For the school years 1989-90,
10 1990-91 and 1991-92, the school district payment shall be no
11 greater than forty percent (40%) of the actual audited costs of
12 tuition and maintenance of such child in such school. The
13 department will credit the district of residence with average
14 daily membership for such child consistent with the rules of
15 procedure developed in accordance with section 2501. If the
16 residence of such child in a particular school district cannot
17 be determined, the Commonwealth shall pay, out of moneys
18 appropriated to the department for special education, the whole
19 cost of tuition and maintenance of such child. [The Department
20 of Education shall be provided with such financial data from
21 each of the chartered schools as may be necessary to determine
22 the reasonableness of charges for tuition and room and board of
23 each of the chartered schools made on Pennsylvania resident
24 approved students. The Department of Education shall evaluate
25 such data and shall disallow any charges deemed unreasonable.
26 Any charge deemed unreasonable by the Department of Education
27 for disallowance shall be considered an adjudication within the
28 meaning of Title 2 of the Pa.C.S. (relating to administrative
29 law and procedure) and regulations promulgated thereunder.]
30 (c) When any person less than school age resident in this
19910H1318B1886 - 7 -
1 Commonwealth who is blind or deaf is enrolled, with the approval
2 of the Department of Education, as a [residential] pupil in any
3 of the four (4) chartered schools, the Commonwealth shall pay to
4 the school, out of moneys appropriated to the department for
5 special education, the actual cost of tuition and maintenance of
6 such person, as determined [by the Department of Education,
7 subject to review and approval in accordance with standards and
8 regulations promulgated by the State Board of Education, and in
9 addition,] in accordance with subsection (e), including, in the
10 case of any child less than school age, who is blind, the cost,
11 as determined by the Department of Education of instructing the
12 parent of such blind child in caring for such child.
13 (d) None of the chartered schools receiving payment in
14 accordance with this section shall impose any charge on the
15 student and/or parents who are approved reimbursable residents
16 for a program of instruction and maintenance appropriate to the
17 child's needs; except that charges for programs not part of the
18 normal school year may be made.
19 (e) The procedures for the development of pre-approved
20 budgets for chartered schools shall be as follows:
21 (1) On or before August 30 of the school year previous to
22 the school year of operation, each chartered school shall submit
23 to the Department of Education a program plan and budget which
24 specifies in detail the special education services to be
25 provided to approved residents of this Commonwealth. These
26 estimates will form the preliminary estimate of the chartered
27 school's line item in the department's budget.
28 (2) On or before November 15 of the school year previous to
29 the school year of operation, each chartered school shall submit
30 any revisions to their August estimated program plan and budget.
19910H1318B1886 - 8 -
1 (3) By February 1 of the school year previous to the school
2 year of operation, the department shall review the detailed
3 program plans and budgets and discuss modifications with each
4 chartered school.
5 (4) Between February 1 and April 15 of the school year
6 previous to the school year of operation, the department shall
7 meet with each chartered school to negotiate a pre-approved
8 budget for the following school year. These pre-approved budgets
9 will form the basis for adjustments to the chartered school's
10 line item in the General Appropriations act for the next fiscal
11 year.
12 (5) On or before January 31 of the school year of operation,
13 each chartered school may submit a request for program plan
14 and/or budget modifications to the department. The department
15 shall respond in writing to the request for modification within
16 thirty (30) days of the receipt of such request. The department
17 may approve, reject or approve in part the requested
18 modifications.
19 (6) Based upon the approved budget, the department shall
20 provide each chartered school with quarterly payments during the
21 year of operation of the program. The department may withhold a
22 portion of such payments not exceeding five per centum (5%) of
23 such payment pending final audit. Under no circumstances shall
24 either the advance payments or final reimbursement made by the
25 department following audit exceed the appropriation available
26 for chartered schools.
27 (7) An independent audit report for the preceding fiscal
28 year which is consistent with department audit standards shall
29 be submitted by each chartered school to the department no later
30 than one hundred twenty (120) days after the close of the
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1 preceding fiscal year. The department shall review each audit
2 and make a determination of its acceptance. Such determination
3 shall be communicated in writing to the chartered school within
4 one hundred twenty (120) days of its receipt; otherwise, the
5 audit shall be deemed to be approved and accepted. The
6 determination of acceptance shall be considered an adjudication
7 within the meaning of 2 Pa.C.S. (relating to administrative law
8 and procedure) and regulations promulgated thereunder. Final
9 payment to the chartered school shall be made within ninety (90)
10 days of acceptance of the audit by the department.
11 Section 2. This act shall take effect July 1, 1991.
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