PRINTER'S NO. 2146
No. 1655 Session of 2007
INTRODUCED BY VITALI, BEYER, BELFANTI, BRENNAN, CALTAGIRONE,
KOTIK, KULA, MAHONEY, McILVAINE SMITH, MENSCH, MOUL, MUSTIO,
O'NEILL, PALLONE, PASHINSKI, SIPTROTH, SONNEY, THOMAS AND
WANSACZ, JUNE 28, 2007
REFERRED TO COMMITTEE ON EDUCATION, JUNE 28, 2007
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 funding for
6 charter schools and for establishment of cyber charter
7 schools.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1725-A(a)(1) of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended June 29, 2002 (P.L.524, No.88), is amended and the
13 section is amended by adding a subsection to read:
14 Section 1725-A. Funding for Charter Schools.--(a) Funding
15 for a charter school shall be provided in the following manner:
16 (1) [There] Except as provided for in subsection (a.1) there
17 shall be no tuition charge for a resident or nonresident student
18 attending a charter school.
19 (2) For non-special education students, the charter school
1 shall receive for each student enrolled no less than the
2 budgeted total expenditure per average daily membership of the
3 prior school year, as defined in section 2501(20), minus the
4 budgeted expenditures of the district of residence for nonpublic
5 school programs; adult education programs; community/junior
6 college programs; student transportation services; for special
7 education programs; facilities acquisition, construction and
8 improvement services; and other financing uses, including debt
9 service and fund transfers as provided in the Manual of
10 Accounting and Related Financial Procedures for Pennsylvania
11 School Systems established by the department. This amount shall
12 be paid by the district of residence of each student.
13 (3) For special education students, the charter school shall
14 receive for each student enrolled the same funding as for each
15 non-special education student as provided in clause (2), plus an
16 additional amount determined by dividing the district of
17 residence's total special education expenditure by the product
18 of multiplying the combined percentage of section 2509.5(k)
19 times the district of residence's total average daily membership
20 for the prior school year. This amount shall be paid by the
21 district of residence of each student.
22 (4) A charter school may request the intermediate unit in
23 which the charter school is located to provide services to
24 assist the charter school to address the specific needs of
25 exceptional students. The intermediate unit shall assist the
26 charter school and bill the charter school for the services. The
27 intermediate unit may not charge the charter school more for any
28 service than it charges the constituent districts of the
29 intermediate unit.
30 (5) Payments shall be made to the charter school in twelve
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1 (12) equal monthly payments, by the fifth day of each month,
2 within the operating school year. A student enrolled in a
3 charter school shall be included in the average daily membership
4 of the student's district of residence for the purpose of
5 providing basic education funding payments and special education
6 funding pursuant to Article XXV. If a school district fails to
7 make a payment to a charter school as prescribed in this clause,
8 the secretary shall deduct the estimated amount, as documented
9 by the charter school, from any and all State payments made to
10 the district after receipt of documentation from the charter
11 school.
12 (6) Within thirty (30) days after the secretary makes the
13 deduction described in clause (5), a school district may notify
14 the secretary that the deduction made from State payments to the
15 district under this subsection is inaccurate. The secretary
16 shall provide the school district with an opportunity to be
17 heard concerning whether the charter school documented that its
18 students were enrolled in the charter school, the period of time
19 during which each student was enrolled, the school district of
20 residence of each student and whether the amounts deducted from
21 the school district were accurate.
22 (a.1) If the student's school district or intermediate unit
23 operates a cyber charter school and the student is attending any
24 other cyber charter school, neither the Commonwealth nor the
25 school district shall be required to provide funding under this
26 section. A student may be charged tuition by a cyber charter
27 school under section 2561.
28 * * *
29 Section 2. Section 1745-A(a) of the act, added June 29, 2002
30 (P.L.524, No.88), is amended to read:
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1 Section 1745-A. Establishment of cyber charter school.
2 (a) Establishment.--A cyber charter school may be
3 established by a school entity; an individual; one or more
4 teachers who will teach at the proposed cyber charter school;
5 parents or guardians of students who will enroll in the cyber
6 charter school; a nonsectarian college, university or museum
7 located in this Commonwealth; a nonsectarian corporation not-
8 for-profit as defined in 15 Pa.C.S. § 5103 (relating to
9 definitions); a corporation, association or partnership; or any
10 combination of the foregoing. Section 1327.1 shall not apply to
11 a cyber charter school established under this subdivision.
12 * * *
13 Section 3. This act shall take effect in 60 days.
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