THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE AND COSTA, MAY 5, 2009

REFERRED TO EDUCATION, MAY 5, 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," in reimbursements by Commonwealth and

between school districts, providing for funding for schools

operated by children's residential facilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 2599.4.  Funding for Schools Operated by Children's

Residential Facilities.--(a)  Funding for a children's

residential facility shall be provided in the following manner:

(1)  There shall be no tuition charge for a resident or non-

resident student attending a children's residential facility.

(2)  For non-special education students, the children's

residential facility shall receive for each student enrolled no

less than the budgeted total expenditure per average daily

membership of the prior school year, as defined in section

2501(20), minus the budgeted expenditures of the district of

residence for nonpublic school programs; adult education

programs; community/junior college programs; student

transportation services; special education programs; facilities

acquisition, construction and improvement services; and other

financing uses, including debt service and fund transfers as

provided in the Manual of Accounting and Related Financial

Procedures for Pennsylvania School Systems established by the

Department of Education. This amount shall be paid by the

district of residence of each student.

(3)  For special education students, the children's

residential facility shall receive for each student enrolled the

same funding as for each non-special education student as

provided in paragraph (2), plus an additional amount determined

by dividing the district of residence's total special education

expenditure by the product of multiplying the combined

percentage of section 2509.5(k) times the district of

residence's total average daily membership for the prior school

year. This amount shall be paid by the district of residence of

each student.

(4)  A children's residential facility may request the

intermediate unit in which the children's residential facility

is located to provide services to assist the children's

residential facility to address the specific needs of

exceptional students. The intermediate unit shall assist the

children's residential facility and bill the children's

residential facility for the services. The intermediate unit may

not charge the children's residential facility more for any

service than it charges the constituent districts of the

intermediate unit.

(5)  Payments shall be made to the children's residential

facility in twelve (12) equal monthly payments, by the fifth day

of each month, within the operating school year. A student

enrolled in a children's residential facility shall be included

in the average daily membership of the student's district of

residence for the purpose of providing basic education funding

payments and special education funding pursuant to this article.

If a school district fails to make a payment to a children's

residential facility as prescribed in this paragraph, the

Secretary of Education shall deduct the estimated amount, as

documented by the children's residential facility, from all

State payments made to the district after receipt of

documentation from the children's residential facility.

(6)  Within thirty (30) days after the Secretary of Education

makes the deduction described in paragraph (5), a school

district may notify the secretary that the deduction made from

State payments to the district under this subsection is

inaccurate. The secretary shall provide the school district with

an opportunity to be heard concerning whether the children's

residential facility documented that its students were enrolled

in the children's residential facility, the period of time

during which each student was enrolled, the school district of

residence of each student and whether the amounts deducted from

the school district were accurate.

(b)  It shall be lawful for any children's residential

facility to receive, hold, manage and use, absolutely or in

trust, any devise, bequest, grant, endowment, gift or donation

of any property, real or personal and/or mixed, which shall be

made to the children's residential facility for any of the

purposes of this article.

(c)  It shall be unlawful for any trustee of a children's

residential facility or any board of trustees of a children's

residential facility or any other person affiliated in any way

with a children's residential facility to demand or request,

directly or indirectly, any gift, donation or contribution of

any kind from any parent, teacher, employe or any other person

affiliated with the children's residential facility as a

condition for employment or enrollment and/or continued

attendance of any pupil. Any donation, gift or contribution

received by a children's residential facility shall be given

freely and voluntarily.

(d)  For purposes of this section, the address of a child at

the time of placement resulting from a court's adjudication of

delinquency shall be deemed the address of residency for the

determination of the financial responsibility of the school

district of residence.

(e)  A school district may enter into a contract with a

children's residential facility to provide educational services

to children adjudicated delinquent. The Department of Education

shall develop, in conjunction with the Department of Public

Welfare and the Juvenile Court Judges' Commission, written

guidelines for school districts contracting with children's

residential facilities to ensure compliance with applicable law

and regulation. The guidelines shall address:

(1)  Minimum monitoring standards for children's residential

facilities' educational programs and services, including:

(i)  the role of intermediate units in monitoring educational

services;

(ii)  the role of school districts in which are located

children's residential facilities in monitoring educational

services;

(iii)  the identification of the specific educational needs

of children adjudicated delinquent;

(iv)  coordination of children's residential facility

licensure regulations of the Department of Public Welfare with

the facility's educational program; and 

(v)  measures to be taken in cases where the child

adjudicated delinquent is to be reintegrated into the school

district of residence.

(2)  Procedures that children's residential facilities and

school districts should use in claiming special education costs.

(3)  Procedures for determining districts of residence.

(4)  Allowable education costs.

(5)  Audit requirements.

(6)  Eligibility of children's residential facilities for

indirect cost reimbursement.

(f)  The Department of Education and the Department of Public

Welfare shall collaborate with the Juvenile Judges' Commission

to develop a database that effectively and uniformly tracks

placement of children adjudicated delinquent.

(g)  The following words and phrases when used in this

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Child adjudicated delinquent."  An individual in this

Commonwealth who is under twenty-one (21) years of age, who

committed an act of delinquency before reaching eighteen (18)

years of age and who remains under the jurisdiction of the

juvenile court.

"Children's residential facility."  A licensed private

academic secondary school or approved private alternative

education program operated by a facility that provides

residential services in this Commonwealth at the secondary level

to at least one hundred (100) adjudicated delinquents annually

and that operates under a certificate of compliance issued by

the Department of Public Welfare. The term does not include a

private residential rehabilitative institution as defined under

section 914.1-A.

Section 2.  This act shall take effect in 60 days.