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04/19/2024 08:50 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=35872
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: June 14, 2021 02:46 PM
From: Representative Dan L. Miller
To: All House members
Subject: Excess Special Education Payments
 
A bi-partisan group of PA lawmakers recognized that the way Pennsylvania pays for special education services is broken and unfair. In 2014, this Special Education Funding Commission thoroughly planned and created a fair system for funding special education in Pennsylvania that would base state funding on the actual cost of meeting the needs of student’s school districts are educating.
 
The commission recommended that new state special education funding in the 2014-2015 budget ($20 million) be distributed to both school systems and charter schools based on the level of services that students need and the cost of providing these services to students. 
 
Unfortunately, the charter school lobby was successful in its efforts to exempt charter schools from receiving state funding based on the new formula. Today charter schools continue to receive their special education allocations based on the state’s flawed system that sent more than $200 million in excess special education funding to charter schools that was NOT used to provide services to students who have special needs. When some schools receive and keep more special education dollars than they are spending on services for children, these schools are reaping a financial advantage at the expense of children with special needs in Pennsylvania. 
 
That is why I am introducing legislation to put an end to this practice of sending special education dollars to charter schools at a rate that is far more than it costs charter schools to provide services to children. 
 
My bill will require any charter school that receives excess special education payments, those special education dollars must be returned and cannot be used to fund unrelated services at the charter school. If some schools receive and keep more special education dollars than they are spending on services for children, these schools are reaping a financial advantage at the expense of children with special needs in Pennsylvania. 
 
Until the legislature wants to distribute special education funding to both school systems and charter schools based on the level of services that students need, by applying the Special Education Funding Commission funding formula, it is imperative that you join me in co-sponsoring this legislation to ensure excess special education funding is used to help other children get the services they need. 

Please see the attached draft language. 

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Introduced as HB1635