THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, VANCE, ORIE AND O'PAKE, JANUARY 29, 2009

REFERRED TO EDUCATION, JANUARY 29, 2009  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for cost of tuition

and maintenance of certain exceptional children in approved

institutions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1376 (a.2) of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended July 4, 2004 (P.L.536, No.70), is amended and the

section is amended by adding a subsection to read:

Section 1376.  Cost of Tuition and Maintenance of Certain

Exceptional Children in Approved Institutions.--* * *

(a.2)  [For] Except as provided in subsection (a.3), for the

2005-2006 school year and each school year thereafter, the

Department of Education shall determine the payment amount for

each approved private school for all students enrolled in an

approved private school for the prior school year as follows:

(1)  (i)  Multiply the payment determined for the immediate

preceding school year by one hundred and twenty-five percent

(125%) of the percentage increase in the appropriation for

special education for the fiscal year prior to the fiscal year

in which payments under this subsection are made.

(ii)  Add the product from subparagraph (i) to the payment

determined for the immediate preceding school year.

(2)  No later than May 10, 2005, and no later than May 10 of

each year thereafter, the Department of Education shall notify

each school district of residence or charter school of a child

enrolled in an approved private school of its payment amount

under subsection (a).

(3)  The Department of Education shall pay each approved

private school the total amount calculated pursuant to this

subsection divided into twelve (12) monthly payments. The

Department of Education shall withhold the school district or

charter school payment amount calculated under subsection (a)

from the amount of any and all State payments made to the school

district or charter school. In no event shall the sum of the

Commonwealth's share of payments to approved private schools

under this subsection exceed the appropriation for approved

private schools.

(a.3)  For the 2009-2010 school year with respect to an

approved private school referenced in subsection (a.1)(3), the

Department of Education shall determine the payment amount under

subsection (a.2) by multiplying the school's approved tuition

rate determined pursuant to subsection (c.5) for the 2007-2008

school year by the enrollment capacity for the school approved

by the Department of Education in August 2003. For the 2010-2011

school year and each school year thereafter, payments shall be

calculated in accordance with subsection (a.2)(1).

* * *

Section 2.  This act shall take effect immediately.