PRINTER'S NO. 406
No. 394 Session of 1981
INTRODUCED BY FREIND, J. L. WRIGHT, CIMINI, BROWN, COLE, MAIALE,
PISTELLA, ALDEN, E. Z. TAYLOR, PERZEL, GALLAGHER, SWEET,
TRELLO, SEVENTY, GRAY, MRKONIC, McCALL, COHEN, LAUGHLIN,
RAPPAPORT, CLARK, GANNON, JACKSON, ROCKS, MACKOWSKI,
MICOZZIE, ARTY, LETTERMAN, HOEFFEL, McINTYRE, LASHINGER,
KANUCK, GLADECK AND O'DONNELL, FEBRUARY 3, 1981
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 3, 1981
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," providing certain reimbursements to
6 nonpublic schools for utility expenses.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the "Public School Code of 1949," is amended by adding a
11 section to read:
12 Section 923.3-A. Definitions.--(a) The following words and
13 phrases when used in this section shall have the meanings given
14 to them in this subsection unless the context clearly indicates
15 otherwise:
16 (1) "Nonpublic school," shall mean any school, other than a
17 public school, within the Commonwealth of Pennsylvania, wherein
18 a resident of the Commonwealth may legally fulfill the
1 compulsory school attendance requirements of law and which meets
2 the requirements of Title VI of the Civil Rights Act of 1964
3 (Public Law 88-352),.
4 (2) "Utility expenses," shall mean costs attributable to
5 heating or cooling buildings, including transportation costs;
6 and costs attributable to water, sewage and garbage disposal
7 (including sewer rental), electricity, gas, oil, coal and
8 telephone.
9 (b) The department shall calculate the total utility
10 expenses for all the school districts in the Commonwealth based
11 on data gathered as to the 1979-1980 school year. The total
12 utility expense figure thereby obtained shall be divided by the
13 average daily membership of all the district pupils,
14 kindergarten through twelfth grade, in the Commonwealth to
15 obtain the average utility expense per student. The average
16 utility expense per student thereby obtained shall remain
17 constant until changed by statute.
18 (c) (1) Every nonpublic school in this Commonwealth shall be
19 eligible to receive reimbursement for utility expenses as herein
20 provided. The maximum amount of reimbursement for each nonpublic
21 school shall be determined by multiplying the average utility
22 expense per student as determined under subsection (b) by the
23 average daily membership of students, grades one through twelve,
24 in the nonpublic school, as certified by the department.
25 (2) Each nonpublic school shall calculate its reimbursement
26 for utility expenses for its school buildings by totaling
27 utility expenses for the entire school year and prorating such
28 expenses based on the following factors:
29 (i) Proportion of building actually used for educational
30 related purposes versus other purposes.
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1 (ii) Proportion of time building used for secular education
2 purposes versus religious, education and other noneducational
3 religious purposes.
4 (3) In no event shall a nonpublic school's reimbursement for
5 utility expenses exceed the maximum established in clause (1).
6 (d) Requests for reimbursement for utility expenses shall be
7 made on such forms and under such conditions as the department
8 shall prescribe. Any nonpublic school seeking such reimbursement
9 shall maintain such accounting procedures, including maintenance
10 of separate funds and accounts pertaining to public utility
11 expenses to establish that it actually expended an amount of
12 money equal to the amount of money sought in reimbursement. Such
13 accounts shall be subject to audit by the Auditor General.
14 Reimbursement payments shall be made by the department at the
15 same time and in the same manner as basic instructional subsidy
16 payments are made to school districts pursuant to section 2517.
17 Payments shall be made by the department as herein provided
18 during the year following the school year for which the
19 reimbursement is requested.
20 (e) In the event that the reimbursements provided by this
21 section are suspended or terminated by any court of competent
22 jurisdiction, the funds that would otherwise have been paid out
23 to nonpublic schools shall be held in a special fund which shall
24 not be used for any other purpose until such time as the General
25 Assembly by statute directs otherwise.
26 (f) The department shall prescribe necessary rules and
27 regulations to ensure the equitable and efficient operation of
28 the program of reimbursements established by this section.
29 Section 2. This act shall take effect July 1, 1982 and the
30 first reimbursements for utility expenses under section 923.3-A
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1 shall be made for the 1982-1983 school year and shall be made at
2 the same time provided by section 2517 for the first payment of
3 the basic instructional subsidy to school districts.
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