PRIOR PRINTER'S NO. 448 PRINTER'S NO. 822
No. 417 Session of 1979
INTRODUCED BY MESSRS. ROCKS, McKELVEY, MRS. ARTY, MESSRS. POLITE,
L. E. SMITH, PERZEL, GLADECK, CORNELL, IRVIS, SALVATORE,
D. M. O'BRIEN, MRS. DURHAM, MESSRS. NAHILL, PYLES,
WHITE, RICHARDSON, BARBER AND DUMAS, FEBRUARY 23, 1979
AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, AS AMENDED, HOUSE
OF REPRESENTATIVES, MARCH 20, 1979
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 exceptional
6 children and reimbursements for certain special education
7 services.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1376, act of March 10, 1949 (P.L.30,
11 No.14), known as the "Public School Code of 1949," amended
12 December 15, 1975 (P.L.484, No.144), is amended to read:
13 Section 1376. Cost of Tuition and Maintenance of Certain
14 Exceptional Children in Approved Institutions.--(a) When any
15 child between the ages of six (6) and twenty-one (21) years of
16 age resident in this Commonwealth, who is blind or deaf, or
17 afflicted with cerebral palsy and/or brain damage and/or
18 muscular dystrophy and/or mentally retarded and/or socially and
19 emotionally disturbed, is enrolled, with the approval of the
1 Department of Education, as a pupil in any of the schools or
2 institutions for the blind or deaf, or cerebral palsied and/or
3 brain damaged and/or muscular dystrophied and/or mentally
4 retarded, and/or socially and emotionally disturbed, under the
5 supervision of, subject to the review of or approved by the
6 Department of Education, in accordance with standards and
7 regulations promulgated by the Council of Basic Education, the
8 school district in which such child is resident shall pay
9 twenty-five per centum (25%) of the cost of tuition and
10 maintenance of such child in such school or institution, as
11 determined by the Department of Education; and the Commonwealth
12 shall pay, out of funds appropriated to the department for
13 special education, seventy-five per centum (75%) of the cost of
14 their tuition and maintenance, as determined by the Department.
15 If the residence of such child in a particular school district
16 cannot be determined, the Commonwealth shall pay, out of moneys
17 appropriated to the department for special education, the whole
18 cost of tuition and maintenance of such child. In no event shall
19 the total cost of tuition and maintenance for blind, deaf,
20 cerebral palsied and/or brain damaged and/or muscular
21 dystrophied and/or socially and emotionally disturbed and/or
22 mentally retarded residential students exceed [eight thousand
23 five hundred dollars ($8,500)] NINE THOUSAND FIVE HUNDRED <--
24 DOLLARS ($9,500) FOR THE SCHOOL YEAR 1979-1980 AND ten thousand
25 five hundred dollars ($10,500) [per year,] FOR THE SCHOOL YEAR <--
26 1980-1981 AND EACH YEAR THEREAFTER for tuition of blind, deaf,
27 cerebral palsied and/or muscular dystrophied day students exceed
28 [five thousand one hundred dollars ($5,100)] FIVE THOUSAND SIX <--
29 HUNDRED DOLLARS ($5,600) FOR THE SCHOOL YEAR 1979-1980 AND six
30 thousand one hundred dollars ($6,100) [per year,] FOR THE SCHOOL <--
19790H0417B0822 - 2 -
1 YEAR 1980-1981 AND EACH YEAR THEREAFTER and for tuition of brain
2 damaged and/or socially and emotionally disturbed and/or
3 mentally retarded day students exceed [four thousand one hundred
4 dollars ($4,100)] FOUR THOUSAND SIX HUNDRED DOLLARS ($4,600) FOR <--
5 THE SCHOOL YEAR 1979-1980 AND five thousand one hundred dollars
6 ($5,100) [per year] FOR THE SCHOOL YEAR 1980-1981 AND EACH YEAR <--
7 THEREAFTER The Department of Education shall be provided with
8 such financial data from private schools as may be necessary to
9 determine the reasonableness of charges for tuition and room and
10 board of the institution made on Pennsylvania resident approved
11 reimbursed students. The Department of Education shall evaluate
12 such data and shall disallow any charge deemed unreasonable. Any
13 charges deemed unreasonable by the Department of Education for
14 disallowance shall be considered an adjudication within the
15 meaning of [the act of June 4, 1945 (P.L.1388, No.442), known as
16 the "Administrative Agency Law,"] Title 2 of the Pa.C.S.
17 (relating to administrative law and procedure) and regulations
18 promulgated thereunder.
19 (b) When any person less than six (6) or more than twenty-
20 one (21) years of age resident in this Commonwealth, who is
21 blind or deaf, or afflicted with cerebral palsy and/or brain
22 damage and/or muscular dystrophy, is enrolled, with the approval
23 of the Department of Education, as a pupil in any of the schools
24 or institutions for the blind or deaf, or cerebral palsied
25 and/or brain damaged and/or muscular dystrophied, under the
26 supervision of or approved by the Department of Education, the
27 Commonwealth shall pay to such school or institution, out of
28 moneys appropriated to the department for special education, the
29 cost of tuition and maintenance of such person, as determined by
30 the Department of Education, subject to review and approval in
19790H0417B0822 - 3 -
1 accordance with standards and regulations promulgated by the
2 Council of Basic Education, and in addition, in the case of any
3 child less than six (6) years of age, who is blind, the cost, as
4 determined by the Department of Education of instructing the
5 parent of such blind child in caring for such child. In no event
6 shall the total cost of tuition and maintenance for residential
7 students exceed [eight thousand five hundred dollars ($8,500)]
8 NINE THOUSAND FIVE HUNDRED DOLLARS ($9,500) FOR THE SCHOOL YEAR <--
9 1979-1980 AND ten thousand five hundred dollars ($10,500) [per <--
10 year] FOR THE SCHOOL YEAR 1980-1981 AND EACH YEAR THEREAFTER for <--
11 tuition of deaf or blind and/or cerebral palsied and/or muscular
12 dystrophied day students, exceed [five thousand one hundred
13 dollars ($5,100)] FIVE THOUSAND SIX HUNDRED DOLLARS ($5,600) FOR <--
14 THE SCHOOL YEAR 1979-1980 AND six thousand one hundred dollars
15 ($6,100) [per year] FOR THE SCHOOL YEAR 1980-1981 AND EACH YEAR <--
16 THEREAFTER and for tuition of brain damaged day students [four
17 thousand one hundred dollars ($4,100)] FOUR THOUSAND SIX HUNDRED <--
18 DOLLARS ($4,600) FOR THE SCHOOL YEAR 1979-1980 AND five thousand
19 one hundred dollars ($5,100) [per year] FOR THE SCHOOL YEAR <--
20 1980-1981 AND EACH YEAR THEREAFTER.
21 (c) When any child between the ages of six (6) and twenty-
22 one (21) years of age, resident in this Commonwealth, who is
23 socially and emotionally disturbed, is enrolled with the
24 approval of the Department of Education as a pupil in any
25 approved day school under supervision of or approved by the
26 Department of Education, the school district in which such child
27 is resident shall pay twenty-five percent (25%) of the cost of
28 tuition of such child in such school as determined by the
29 Department of Education, and the Commonwealth shall pay out of
30 funds appropriated to the Department for Special Education
19790H0417B0822 - 4 -
1 seventy-five percent (75%) of the cost of tuition of such child
2 as determined by the department: Provided, however, That in no
3 event shall the cost of tuition of such child exceed [four
4 thousand one hundred dollars ($4,100)] FOUR THOUSAND SIX HUNDRED <--
5 DOLLARS ($4,600) FOR THE SCHOOL YEAR 1979-1980 AND five thousand
6 one hundred dollars ($5,100) [per school year] FOR THE SCHOOL <--
7 YEAR 1980-1981 AND EACH YEAR THEREAFTER.
8 (d) No private institution receiving payment in accordance
9 with this section shall impose any charge on the student and/or
10 parents who are Pennsylvania approved reimbursable residents for
11 a program of instruction and maintenance appropriate to the
12 child's needs; except that charges for programs not part of the
13 normal school year may be made.
14 (e) Where the private institution provides a vocational
15 education program to the students enrolled therein as an
16 established and integral part of its on-going approved program
17 and where the department deems such program to be necessary
18 because of the unavailability of an appropriate program for such
19 students, the maximum rate payable shall be increased by the
20 audited cost of the program per approved Pennsylvania resident
21 enrolled in the program.
22 (f) Where the private institution provides special education
23 programs for multihandicapped students which is adjudged
24 necessary by the Department of Education, the maximum rate
25 payable shall be increased by seventy-five percent (75%) for the
26 second severe handicap, eighty-five percent (85%) for the third
27 severe handicap and one hundred percent (100%) for more than
28 three severe handicaps.
29 Section 2. The act is amended by adding a section to read:
30 Section 1376.1. Actual Cost of Tuition and Maintenance of
19790H0417B0822 - 5 -
1 Certain Exceptional Children in the Four Chartered Schools for
2 Education of the Deaf and the Blind.--(a) The following term,
3 whenever used or referred to in this section, shall have the
4 following meaning. "Chartered School" shall mean any of the four
5 (4) chartered schools for the education of the deaf or the
6 blind: the Pennsylvania School for the Deaf; the Overbrook
7 School for the Blind; the Western Pennsylvania School for Blind
8 Children; and the Western Pennsylvania School for the Deaf.
9 (b) When any child of school age resident in this
10 Commonwealth, who is blind or deaf, is enrolled with the
11 approval of the Department of Education as a pupil in any of
12 the four (4) chartered schools in accordance with standards and
13 regulations promulgated by the Council of Basic Education, the
14 school district in which such child is resident shall pay
15 twenty-five percent (25%) of the actual cost of tuition and
16 maintenance of such child in such institution, as determined by
17 the Department of Education; and the Commonwealth shall pay, out
18 of funds appropriated to the department for special education,
19 seventy-five percent (75%) of the actual cost of their tuition
20 and maintenance, as determined by the department. If the
21 residence of such child in a particular school district cannot
22 be determined, the Commonwealth shall pay, out of moneys
23 appropriated to the department for special education, the whole
24 cost of tuition and maintenance of such child. The Department of
25 Education shall be provided with such financial data from each
26 of the chartered schools as may be necessary to determine the
27 reasonableness of charges for tuition and room and board of each
28 of the chartered schools made on Pennsylvania resident approved
29 students. The Department of Education shall evaluate such data
30 and shall disallow any charges deemed unreasonable. Any charge
19790H0417B0822 - 6 -
1 deemed unreasonable by the Department of Education for
2 disallowance shall be considered an adjudication within the
3 meaning of Title 2 of the Pa.C.S. (relating to administrative
4 law and procedure) and regulations promulgated thereunder.
5 (c) When any person less than school age resident in this
6 Commonwealth who is blind or deaf is enrolled, with the approval
7 of the Department of Education, as a residential pupil in any of
8 the four (4) chartered schools, the Commonwealth shall pay to
9 the school, out of moneys appropriated to the department for
10 special education, the actual cost of tuition and maintenance of
11 such person, as determined by the Department of Education,
12 subject to review and approval in accordance with standards and
13 regulations promulgated by the Council of Basic Education, and
14 in addition, in the case of any child less than school age, who
15 is blind, the cost, as determined by the Department of Education
16 of instructing the parent of such blind child in caring for such
17 child.
18 (d) None of the chartered schools receiving payment in
19 accordance with this section shall impose any charge on the
20 student and/or parents who are approved reimbursable residents
21 for a program of instruction and maintenance appropriate to the
22 child's needs; except that charges for programs not part of the
23 normal school year may be made.
24 Section 3. Section 1377 of the act, amended December 15,
25 1975 (P.L.484, No.144), is amended to read:
26 Section 1377. Payment of Cost of Tuition and Maintenance of
27 Certain Exceptional Children.--(a) To facilitate payments by the
28 several school districts to the schools or institutions in which
29 deaf or blind, or cerebral palsied and/or brain damaged and/or
30 muscular dystrophied, or socially and emotionally disturbed or
19790H0417B0822 - 7 -
1 mentally retarded children are enrolled, of amounts due by such
2 districts for their proportion of the cost of tuition and
3 maintenance of such children, the Secretary of Education shall
4 withhold from any moneys due to such districts out of any State
5 appropriation for the assistance as reimbursement of school
6 districts, the amounts due by such districts to such schools or
7 institutions for the blind or the deaf, or the cerebral palsied
8 and/or brain damaged and/or muscular dystrophied or the socially
9 and emotionally disturbed and/or mentally retarded. Amounts so
10 withheld shall be paid to such schools or institutions by
11 warrant of the Auditor General upon the State Treasurer, after
12 requisition of the Secretary of Education, for which purpose all
13 amounts so withheld are hereby specifically appropriated to the
14 Department of Education.
15 (b) Payments of the Commonwealth's proportion of the cost of
16 tuition and maintenance of blind or deaf, or cerebral palsied
17 and/or brain damaged and/or muscular dystrophied, or socially
18 and emotionally disturbed and/or mentally retarded pupils
19 enrolled in schools or institutions for the blind or for the
20 deaf, or for the cerebral palsied and/or brain damaged and/or
21 muscular dystrophied, or for the socially and emotionally
22 disturbed and of the cost of instruction of parents of blind
23 pupils less than six (6) years of age, as hereinbefore provided,
24 shall be made quarterly, out of moneys appropriated to the
25 Department of Education for special education, by warrant of the
26 Auditor General upon the State Treasurer, after requisition by
27 the Secretary of Education. [In no event] Except for the
28 provisions of section 1376.1 providing for the actual cost of
29 tuition and maintenance of certain exceptional children in the
30 four chartered schools for education of the deaf and of the
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1 blind, in no event shall the total payment for the cost of
2 tuition and maintenance of any such child exceed the rates per
3 year allowed under section 1376. The maximum amount payable for
4 the cost of tuition and maintenance of such children shall be
5 subject to review at least once every two years for the purpose
6 of recommending an adjustment thereof.
7 (c) For the purpose of enabling the Department of Education
8 to determine from time to time what amounts are due to schools
9 for the blind or for the deaf or for the cerebral palsied and/or
10 brain damaged and/or muscular dystrophied or for the socially
11 and emotionally disturbed and/or mentally retarded hereunder,
12 such schools shall forward to the department, at such times and
13 in such form as the department shall prescribe, sworn statements
14 setting forth the names, ages, and residences of all pupils
15 enrolled hereunder, specifying the school districts liable for a
16 part of the cost of tuition and maintenance of any such pupils,
17 the per capita cost of and maintenance of pupils, and such other
18 information as the department shall require.
19 For the purpose of providing adequate administration of the
20 program and to carry out the preaudit functions authorized in
21 section 1376(a), [one-quarter of one percent (.25%)] one-half of
22 one percent (.50%) of the total appropriations for approved
23 private schools from all funds shall be allocated to the
24 Department of Education.
25 Section 4. Section 1 of this act shall take effect July 1,
26 1979 and shall apply to the school year 1979-1980 and each year
27 thereafter. Sections 2 and 3 shall take effect immediately and
28 shall be retroactive to July 1, 1978, to apply to the school
29 year 1978-1979 and each year thereafter.
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