PRIOR PRINTER'S NO. 1707 PRINTER'S NO. 2211
No. 1419 Session of 2005
INTRODUCED BY PETRONE, TIGUE, GEORGE, HENNESSEY, WALKO,
CALTAGIRONE, READSHAW, MARKOSEK, KOTIK, DeWEESE, BENNINGHOFF,
REICHLEY, PALLONE, JAMES, ROEBUCK, STAIRS, MAHER, LEVDANSKY,
HUTCHINSON, YOUNGBLOOD, T. STEVENSON, PISTELLA, FRANKEL,
DERMODY AND SURRA, APRIL 20, 2005
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 14, 2005
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 cost of tuition
6 and how it is fixed under certain circumstances.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1309 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended June 30, 1995 (P.L.220, No.26), is amended to read:
12 Section 1309. Cost of Tuition; How Fixed.--(a) The cost of
13 tuition in such cases shall be fixed as is now provided by law
14 for tuition costs in other cases, except in the following
15 circumstances:
16 (1) Where, for the accommodation of such children, it shall
17 be necessary to provide a separate school or to erect additional
18 school buildings, the charge for tuition for such children may
1 include a proportionate cost of the operating expenses, rental,
2 and interest on any investment required to be made in erecting
3 such new school buildings.
4 (2) [When] Except as otherwise provided under paragraph (3):
5 (i) When a child who is an inmate of an institution is a
6 child with exceptionalities, the district in which the
7 institution is located may charge the district of residence, and
8 the district of residence shall pay a special education charge
9 in addition to the applicable tuition charge. Such special
10 education charge when combined with the applicable tuition
11 charge shall not exceed the total net cost of the special
12 education program provided.
13 (ii) In the case of a child with exceptionalities who is an
14 inmate of an institution and who is served under section
15 2509.1(b), the district in which the institution is located may
16 charge the district of residence an amount that does not exceed
17 the total cost of the special education program provided minus
18 the amount received per child from the Commonwealth under
19 section 2509.1(b).
20 (3) (i) When a child who is an inmate of a private
21 residential rehabilitative institution is a child with
22 exceptionalities, the district in which the institution is
23 located may charge the district of residence, and the district
24 of residence shall pay a special education charge, which shall
25 include an amount for indirect or administrative expenses equal
26 to 19.3% of the total net cost of the special education program <--
27 provided TO THE AMOUNT RECEIVED IN THE IMMEDIATELY PRECEDING <--
28 FISCAL YEAR, in addition to the applicable tuition charge. Such
29 special education charge when combined with the applicable
30 tuition charge shall not exceed the total net cost of the
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1 special education program provided.
2 (ii) In the case of a child with exceptionalities who is an
3 inmate of a private residential rehabilitative institution and
4 who is served under section 2509.1(b), the district in which the
5 institution is located may charge the district of residence an
6 amount, which amount shall include an amount for indirect or
7 administrative expenses equal to 19.3% of the total net cost of <--
8 the special education program provided, THE AMOUNT RECEIVED IN <--
9 THE IMMEDIATELY PRECEDING FISCAL YEAR that does not exceed the
10 total cost of the special education program provided minus the
11 amount received per child from the Commonwealth under section
12 2509.1(b).
13 (b) The tuition herein provided for shall be paid annually
14 by the Secretary of Education, the district of residence or the
15 institution as the case may be.
16 Section 2. This act shall take effect in 60 days.
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