See other bills
under the
same topic
                                                      PRINTER'S NO. 2257

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1512 Session of 2008


        INTRODUCED BY M. WHITE AND COSTA, JUNE 25, 2008

        REFERRED TO EDUCATION, JUNE 25, 2008

                                     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," in reimbursements by Commonwealth and
     6     between school districts, providing for funding for schools
     7     operated by children's residential facilities.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1. The act of March 10, 1949 (P.L.30, No.14), known
    11  as the Public School Code of 1949, is amended by adding a
    12  section to read:
    13     Section 2599.4.  Funding for Schools Operated by Children's
    14  Residential Facilities.--(a)  Funding for a children's
    15  residential facility shall be provided in the following manner:
    16     (1)  There shall be no tuition charge for a resident or non-
    17  resident student attending a children's residential facility.
    18     (2)  For non-special education students, the children's
    19  residential facility shall receive for each student enrolled no
    20  less than the budgeted total expenditure per average daily

     1  membership of the prior school year, as defined in section
     2  2501(20), minus the budgeted expenditures of the district of
     3  residence for nonpublic school programs; adult education
     4  programs; community/junior college programs; student
     5  transportation services; special education programs; facilities
     6  acquisition, construction and improvement services; and other
     7  financing uses, including debt service and fund transfers as
     8  provided in the Manual of Accounting and Related Financial
     9  Procedures for Pennsylvania School Systems established by the
    10  Department of Education. This amount shall be paid by the
    11  district of residence of each student.
    12     (3)  For special education students, the children's
    13  residential facility shall receive for each student enrolled the
    14  same funding as for each non-special education student as
    15  provided in paragraph (2), plus an additional amount determined
    16  by dividing the district of residence's total special education
    17  expenditure by the product of multiplying the combined
    18  percentage of section 2509.5(k) times the district of
    19  residence's total average daily membership for the prior school
    20  year. This amount shall be paid by the district of residence of
    21  each student.
    22     (4)  A children's residential facility may request the
    23  intermediate unit in which the children's residential facility
    24  is located to provide services to assist the children's
    25  residential facility to address the specific needs of
    26  exceptional students. The intermediate unit shall assist the
    27  children's residential facility and bill the children's
    28  residential facility for the services. The intermediate unit may
    29  not charge the children's residential facility more for any
    30  service than it charges the constituent districts of the
    20080S1512B2257                  - 2 -     

     1  intermediate unit.
     2     (5)  Payments shall be made to the children's residential
     3  facility in twelve (12) equal monthly payments, by the fifth day
     4  of each month, within the operating school year. A student
     5  enrolled in a children's residential facility shall be included
     6  in the average daily membership of the student's district of
     7  residence for the purpose of providing basic education funding
     8  payments and special education funding pursuant to this article.
     9  If a school district fails to make a payment to a children's
    10  residential facility as prescribed in this paragraph, the
    11  Secretary  of Education shall deduct the estimated amount, as
    12  documented by the children's residential facility, from all
    13  State payments made to the district after receipt of
    14  documentation from the children's residential facility.
    15     (6)  Within thirty (30) days after the Secretary of Education
    16  makes the deduction described in paragraph (5), a school
    17  district may notify the secretary that the deduction made from
    18  State payments to the district under this subsection is
    19  inaccurate. The secretary shall provide the school district with
    20  an opportunity to be heard concerning whether the children's
    21  residential facility documented that its students were enrolled
    22  in the children's residential facility, the period of time
    23  during which each student was enrolled, the school district of
    24  residence of each student and whether the amounts deducted from
    25  the school district were accurate.
    26     (b)  It shall be lawful for any children's residential
    27  facility to receive, hold, manage and use, absolutely or in
    28  trust, any devise, bequest, grant, endowment, gift or donation
    29  of any property, real or personal and/or mixed, which shall be
    30  made to the children's residential facility for any of the
    20080S1512B2257                  - 3 -     

     1  purposes of this article.
     2     (c)  It shall be unlawful for any trustee of a children's
     3  residential facility or any board of trustees of a children's
     4  residential facility or any other person affiliated in any way
     5  with a children's residential facility to demand or request,
     6  directly or indirectly, any gift, donation or contribution of
     7  any kind from any parent, teacher, employe or any other person
     8  affiliated with the children's residential facility as a
     9  condition for employment or enrollment and/or continued
    10  attendance of any pupil. Any donation, gift or contribution
    11  received by a children's residential facility shall be given
    12  freely and voluntarily.
    13     (d)  The following words and phrases when used in this
    14  section shall have the meanings given to them in this subsection
    15  unless the context clearly indicates otherwise:
    16     "Adjudicated delinquent."  A person in this Commonwealth who
    17  is under twenty-one (21) years of age, who committed an act of
    18  delinquency before reaching eighteen (18) years of age and who
    19  remains under the jurisdiction of the juvenile court.
    20     "Children's residential facility."  A licensed private
    21  academic secondary school or approved private alternative
    22  education program operated by a facility that provides
    23  residential services in this Commonwealth at the secondary level
    24  to at least two hundred (200) adjudicated delinquents annually
    25  and that operates under a certificate of compliance issued by
    26  the Department of Public Welfare. The term does not include a
    27  private residential rehabilitative institution as defined under
    28  section 914.1-A.
    29     Section 2.  This act shall take effect in 60 days.

    F19L24BIL/20080S1512B2257        - 4 -