AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for funding for
6charter schools.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1725-A(a) of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949,
11amended June 29, 2002 (P.L.524, No.88), is amended and the
12section is amended by adding a subsection to read:

13Section 1725-A. Funding for Charter Schools.--(a) Funding
14for a charter school shall be provided in the following manner:

15(1) [There] Except as provided for in subsection (a.1), 
16there shall be no tuition charge for a resident or nonresident
17student attending a charter school.

18(2) For non-special education students, the charter school
19shall receive for each student enrolled no less than the

1budgeted total expenditure per average daily membership of the
2prior school year, as defined in section 2501(20), minus the
3budgeted expenditures of the district of residence for nonpublic
4school programs; adult education programs; community/junior
5college programs; student transportation services; for special
6education programs; facilities acquisition, construction and
7improvement services; and other financing uses, including debt
8service and fund transfers as provided in the Manual of
9Accounting and Related Financial Procedures for Pennsylvania
10School Systems established by the department. [This] Except as 
11provided in subsection (a.1), this amount shall be paid by the
12district of residence of each student.

13(3) For special education students, the charter school shall
14receive for each student enrolled the same funding as for each
15non-special education student as provided in clause (2), plus an
16additional amount determined by dividing the district of
17residence's total special education expenditure by the product
18of multiplying the combined percentage of section 2509.5(k)
19times the district of residence's total average daily membership
20for the prior school year. [This] Except as provided in 
21subsection (a.1), this amount shall be paid by the district of
22residence of each student.

23(4) A charter school may request the intermediate unit in
24which the charter school is located to provide services to
25assist the charter school to address the specific needs of
26exceptional students. The intermediate unit shall assist the
27charter school and bill the charter school for the services. The
28intermediate unit may not charge the charter school more for any
29service than it charges the constituent districts of the
30intermediate unit.

1(5) Payments shall be made to the charter school in twelve
2(12) equal monthly payments, by the fifth day of each month,
3within the operating school year. A student enrolled in a
4charter school shall be included in the average daily membership
5of the student's district of residence for the purpose of
6providing basic education funding payments and special education
7funding pursuant to Article XXV. If a school district fails to
8make a payment to a charter school as prescribed in this clause,
9the secretary shall deduct the estimated amount, as documented
10by the charter school, from any and all State payments made to
11the district after receipt of documentation from the charter
12school.

13(6) Within thirty (30) days after the secretary makes the
14deduction described in clause (5), a school district may notify
15the secretary that the deduction made from State payments to the
16district under this subsection is inaccurate. The secretary
17shall provide the school district with an opportunity to be
18heard concerning whether the charter school documented that its
19students were enrolled in the charter school, the period of time
20during which each student was enrolled, the school district of
21residence of each student and whether the amounts deducted from
22the school district were accurate.

23(a.1) If a public school district offers a cyber-based
24program equal in scope and content to an existing publicly
25chartered cyber charter school and a student in that district
26attends a cyber charter school instead of the district's cyber-
27based program, the school district shall not be required to
28provide funding to pay for a student's attendance at a cyber
29charter school.

30* * *

1Section 2. This act shall take effect in 60 days.