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PRINTER'S NO. 2198
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1643
Session of
2017
INTRODUCED BY O'NEILL, D. COSTA, DAVIS, DiGIROLAMO, EMRICK,
MILLARD, D. MILLER, MURT, ROEBUCK, SCHLOSSBERG AND WHEELAND,
JUNE 30, 2017
REFERRED TO COMMITTEE ON EDUCATION, JUNE 30, 2017
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 charter schools, further providing
for funding for charter schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1725-A(a)(3) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended and the subsection is amended by adding clauses to read:
Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school shall be provided in the following manner:
* * *
(3) For the 1997-1998 school year through the 2016-2017
school year, for special education students, the charter school
shall receive for each student enrolled the same funding as for
each non-special education student as provided in clause (2),
plus an additional amount determined by dividing the district of
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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.
(3.1) (i) For the 2017-2018 school year and each school
year thereafter, subject to the provisions in clause (3.2) ,
which provides for the transition to the new student-based
funding methodology established in this clause, for special
education students, the charter school shall receive for each
student enrolled an amount which shall be paid by the district
of residence of each student to be determined as follows:
(A) For each special education student enrolled in the
charter school for which the annual expenditure is less than
twenty-five thousand dollars ($25,000), which shall be known as
Category 1, multiply the same funding as for each non-special
education student as provided in clause (2) by one and fifty-one
hundredths (1.51).
(B) For each special education student enrolled in the
charter school for which the annual expenditure is equal to or
greater than twenty-five thousand dollars ($25,000) and less
than fifty thousand dollars ($50,000), which shall be known as
Category 2, multiply the same funding as for each non-special
education student as provided in clause (2) by three and
seventy-seven hundredths (3.77).
(C) For each special education student enrolled in the
charter school for which the annual expenditure is equal to or
greater than fifty thousand dollars ($50,000), which shall be
known as Category 3, multiply the same funding as for each non-
special education student as provided in clause (2) by seven and
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forty-six hundredths (7.46).
(ii) Pursuant to guidelines developed by the department, to
be eligible to receive funding for special education students
under subclause (i)(B) and (C), the charter school must document
the cost of providing an education to the student and provide
the documentation to the department.
(iii) For each weight provided in subclause (i)(A), (B) and
(C) for each school district, the department shall annually make
the following adjustment:
(A) Divide the school district's total expenditure for
special education programs and services, excluding gifted
education by the number of special education students who reside
in the school district.
(B) Divide total expenditure for special education programs
and services excluding gifted education for all school districts
by the total number of special education students residing in
all school districts.
(C) Divide the quotient in unit (A) by the quotient in unit
(B).
(D) If the quotient in unit (C) is greater than one (1),
multiply the quotient by the weight to determine the school
district adjustment.
(E) In no case shall the adjustment made in subclause (i)(A)
and (B) result in a payment that exceeds the maximum amount
within the designated category's dollar range and in no case
shall the adjustment in subclause (i)(C) result in a payment
that exceeds the actual cost of providing an education to the
student as determined under subclause (ii).
(iv) The department shall annually adjust the dollar ranges
in subclause (i)(A), (B) and (C) by the Consumer Price Index for
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All Urban Consumers for the Pennsylvania, New Jersey, Delaware
and Maryland area.
(v) The annual expenditure amounts used to calculate funding
under subclause (i)(A), (B) and (C) shall be based on the
amounts used in making reports to the department under section
1372(8).
(3.2) To transition to the new student-based funding
methodology for special education students under clause (3.1), a
charter school shall receive for each student enrolled an amount
to be paid by the district of residence and determined as
follows:
(i) For each special education student under clause (3.1)(i)
(A) in Category 1, the following shall apply:
(A) Determine the number of special education students under
clause (3.1)(i)(A) from the school district who were enrolled in
a charter school with individualized education plans as required
under the Individuals with Disabilities Education Act (Public
Law 91-230, 20 U.S.C. ยง 1400 et seq.) as of May 31, 2017.
(B) Divide the number determined in unit (A) by the total
number of students enrolled in a charter school from the school
district under clause (3.1)(i)(A) as of October 1.
(C) Multiply the lesser of the quotient in unit (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2016-2017 school year.
(D) Subtract the lesser of the quotient in unit (B) or one
(1) from one (1) and multiply the difference by the amount for
the same special education student in clause (3.1)(i)(A).
(E) Add the amounts in units (C) and (D) to determine the
amount paid by the school district.
(ii) For each special education student under clause (3.1)
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(i)(B) in Category 2, the following shall apply:
(A) Determine the number of special education students under
clause (3.1)(i)(B) from the school district who were enrolled in
a charter school with individualized education plans as of May
31, 2017.
(B) Divide the number determined in unit (A) by the total
number of students enrolled in a charter school from the school
district under clause (3.1)(i)(B) as of October 1.
(C) Multiply the lesser of the quotient in unit (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2016-2017 school year.
(D) Subtract the lesser of the quotient in unit (B) or one
(1) from one (1) and multiply the difference by the amount for
the same special education student in clause (3.1)(i)(B).
(E) Add the amounts in units (C) and (D) to determine the
amount paid by the school district.
(iii) For each special education student under clause (3.1)
(i)(C) in Category 3, the following shall apply:
(A) Determine the number of special education students under
clause (3.1)(i)(C) from the school district who were enrolled in
a charter school with individualized education plans as of May
31, 2017.
(B) Divide the number determined in unit (A) by the total
number of students enrolled in a charter school from the school
district under clause (3.1)(i)(C) as of October 1.
(C) Multiply the lesser of the quotient in unit (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2016-2017 school year.
(D) Subtract the lesser of the quotient in unit (B) or one
(1) from one (1) and multiply the difference by the amount for
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the same special education student in clause (3.1)(i)(C).
(E) Add the amounts in units (C) and (D) to determine the
amount paid by the school district.
(iv) In no case shall a payment made under subclause (iii)
exceed the amount allowed for the same student under clause
(3.1).
(v) At such time that the amount determined under subclause
(i) for a student in Category 1 is greater than the amount
determined for a student under clause (3) for the 2016-2017
school year, payment made by the school district of residence
shall be based on the provisions under clause (3.1), and the
transition under this clause shall expire.
(vi) The department shall develop guidelines to collect the
enrollment data required under this clause and calculate
estimated payments until such time as actual enrollments are
determined.
* * *
Section 2. This act shall take effect June 30, 2017, or
immediately, whichever is later.
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