SENATE AMENDED
PRIOR PRINTER'S NOS. 778, 1212 PRINTER'S NO. 2010
No. 719 Session of 1987
INTRODUCED BY SWEET, STUBAN, DUFFY, FOSTER AND NAHILL,
MARCH 4, 1987
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 30, 1987
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," requiring school districts to provide <--
6 copies of certain tax lists to certain municipalities.
7 FURTHER PROVIDING FOR THE EDUCATION OF EXCEPTIONAL CHILDREN <--
8 IN APPROVED INSTITUTIONS; AND MAKING AN APPROPRIATION.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 2514.1(c) of the act of March 10, 1949 <--
12 (P.L.30, No.14), known as the Public School Code of 1949,
13 amended February 4, 1982 (P.L.1, No.1), is amended and the
14 section is amended by adding a subsection to read:
15 Section 2514.1. Personal Income Valuation Information and
16 Determinations.--* * *
17 (b.1) Each school district which receives a listing of
18 taxpayers pursuant to subsection (a) shall, upon receipt of a
19 written request from any municipality within the school
1 district, share a copy of the listing with the requesting
2 municipality. This information shall be used by a municipality
3 solely to verify the accuracy of the municipality's tax rolls.
4 Each school district which complies with the provisions of this
5 subsection shall be entitled to reasonable expenses and
6 reimbursement for making the listing available to the
7 municipality. The provisions of subsection (a) with regard to
8 claimed corrections shall not apply to municipalities.
9 (c) Provision by the Department of Revenue of the list of
10 the names and addresses and school identification code or number
11 to the school districts and use thereof by the school districts
12 or municipalities for the purposes of this section shall be
13 deemed an official use and not a violation of subsection (f) of
14 section 353 of the act of March 4, 1971 (P.L.6, No.2), known as
15 the "Tax Reform Code of 1971," but the use or disclosure of the
16 contents of any list by any person for any purpose other than
17 that set forth by this section or as otherwise permitted by law
18 shall be unlawful and in violation of section 353(f) of the "Tax
19 Reform Code of 1971."
20 Section 2. This act shall take effect in 60 days.
21 SECTION 1. SECTION 1376 OF THE ACT OF MARCH 10, 1949 <--
22 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
23 AMENDED DECEMBER 20, 1983 (P.L.267, NO.73), IS AMENDED TO READ:
24 SECTION 1376. COST OF TUITION AND MAINTENANCE OF CERTAIN
25 EXCEPTIONAL CHILDREN IN APPROVED INSTITUTIONS.--(A) WHEN ANY
26 CHILD BETWEEN THE AGES OF SIX (6) AND TWENTY-ONE (21) YEARS OF
27 AGE AND RESIDENT IN THIS COMMONWEALTH, WHO IS BLIND OR DEAF, OR
28 AFFLICTED WITH CEREBRAL PALSY AND/OR BRAIN DAMAGE AND/OR
29 MUSCULAR DYSTROPHY AND/OR MENTALLY RETARDED AND/OR SOCIALLY AND
30 EMOTIONALLY DISTURBED, IS ENROLLED, WITH THE APPROVAL OF THE
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1 DEPARTMENT OF EDUCATION, AS A PUPIL IN AN APPROVED SCHOOL FOR
2 THE BLIND OR DEAF, OR CEREBRAL PALSIED AND/OR BRAIN DAMAGED
3 AND/OR MUSCULAR DYSTROPHIED AND/OR MENTALLY RETARDED, AND/OR
4 SOCIALLY AND EMOTIONALLY DISTURBED, APPROVED BY THE DEPARTMENT
5 OF EDUCATION, IN ACCORDANCE WITH STANDARDS AND REGULATIONS
6 PROMULGATED BY THE COUNCIL OF BASIC EDUCATION, THE SCHOOL
7 DISTRICT IN WHICH SUCH CHILD IS RESIDENT SHALL PAY TWENTY PER
8 CENTUM (20%) OF THE ACTUAL AUDITED COST OF TUITION AND
9 MAINTENANCE OF SUCH CHILD IN SUCH SCHOOL, AS DETERMINED BY THE
10 DEPARTMENT OF EDUCATION; AND THE COMMONWEALTH SHALL PAY, OUT OF
11 FUNDS APPROPRIATED TO THE DEPARTMENT FOR SPECIAL EDUCATION,
12 EIGHTY PER CENTUM (80%) OF THE COST OF THEIR TUITION AND
13 MAINTENANCE, AS DETERMINED BY THE DEPARTMENT. IF THE RESIDENCE
14 OF SUCH CHILD IN A PARTICULAR SCHOOL DISTRICT CANNOT BE
15 DETERMINED, THE COMMONWEALTH SHALL PAY, OUT OF MONEYS
16 APPROPRIATED TO THE DEPARTMENT FOR SPECIAL EDUCATION, THE WHOLE
17 COST OF TUITION AND MAINTENANCE OF SUCH CHILD. THE DEPARTMENT OF
18 EDUCATION SHALL BE PROVIDED WITH SUCH FINANCIAL DATA FROM
19 APPROVED SCHOOLS AS MAY BE NECESSARY TO DETERMINE THE
20 REASONABLENESS OF COSTS FOR TUITION AND ROOM AND BOARD
21 CONCERNING PENNSYLVANIA RESIDENT APPROVED REIMBURSED STUDENTS.
22 THE DEPARTMENT OF EDUCATION SHALL EVALUATE SUCH DATA AND SHALL
23 DISALLOW ANY COST DEEMED UNREASONABLE. ANY COSTS DEEMED
24 UNREASONABLE BY THE DEPARTMENT OF EDUCATION FOR DISALLOWANCE
25 SHALL BE CONSIDERED AN ADJUDICATION WITHIN THE MEANING OF TITLE
26 2 OF THE PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE)
27 AND REGULATIONS PROMULGATED THEREUNDER.
28 (B) WHEN ANY PERSON LESS THAN SIX (6) OR MORE THAN TWENTY-
29 ONE (21) YEARS OF AGE AND RESIDENT IN THIS COMMONWEALTH, WHO IS
30 BLIND OR DEAF, OR AFFLICTED WITH CEREBRAL PALSY AND/OR BRAIN
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1 DAMAGE AND/OR MUSCULAR DYSTROPHY, IS ENROLLED, WITH THE APPROVAL
2 OF THE DEPARTMENT OF EDUCATION, AS A PUPIL IN AN APPROVED SCHOOL
3 FOR THE BLIND OR DEAF, OR CEREBRAL PALSIED AND/OR BRAIN DAMAGED
4 AND/OR MUSCULAR DYSTROPHIED, APPROVED BY THE DEPARTMENT OF
5 EDUCATION, THE COMMONWEALTH SHALL PAY TO SUCH SCHOOL, OUT OF
6 MONEYS APPROPRIATED TO THE DEPARTMENT FOR SPECIAL EDUCATION, THE
7 ACTUAL AUDITED COST OF TUITION AND MAINTENANCE OF SUCH PERSON,
8 AS DETERMINED BY THE DEPARTMENT OF EDUCATION, SUBJECT TO REVIEW
9 AND APPROVAL IN ACCORDANCE WITH STANDARDS AND REGULATIONS
10 PROMULGATED BY THE COUNCIL OF BASIC EDUCATION, AND IN ADDITION,
11 IN THE CASE OF ANY CHILD LESS THAN SIX (6) YEARS OF AGE, WHO IS
12 BLIND, THE COST, AS DETERMINED BY THE DEPARTMENT OF EDUCATION OF
13 INSTRUCTING THE PARENT OF SUCH BLIND CHILD IN CARING FOR SUCH
14 CHILD.
15 (C) EACH APPROVED SCHOOL, PRIOR TO THE START OF THE SCHOOL
16 YEAR, SHALL SUBMIT TO THE DEPARTMENT SUCH INFORMATION AS THE
17 DEPARTMENT MAY REQUIRE IN ORDER TO ESTABLISH AN ESTIMATE OF
18 REIMBURSABLE COSTS. [BASED UPON THIS INFORMATION, ANY OTHER DATA
19 DEEMED NECESSARY BY THE DEPARTMENT AND IN ACCORDANCE WITH
20 DEPARTMENT STANDARDS, THE DEPARTMENT SHALL DEVELOP FOR EACH
21 APPROVED SCHOOL AN ESTIMATE OF REIMBURSABLE COSTS. BASED UPON
22 SUCH ESTIMATE, THE DEPARTMENT SHALL PROVIDE EACH APPROVED SCHOOL
23 WITH QUARTERLY PAYMENTS IN ADVANCE OF DEPARTMENT AUDIT. THE
24 DEPARTMENT MAY WITHHOLD A PORTION OF SUCH PAYMENTS NOT EXCEEDING
25 FIVE PERCENT (5%) OF SUCH PAYMENT, PENDING FINAL AUDIT. IN NO
26 EVENT SHALL EITHER THE ADVANCE PAYMENTS OR FINAL REIMBURSEMENT
27 MADE BY THE DEPARTMENT FOLLOWING AUDIT EXCEED THE APPROPRIATION
28 AVAILABLE FOR APPROVED SCHOOLS.] THE DEPARTMENT SHALL ENTER INTO
29 AN AGREEMENT WITH EACH APPROVED SCHOOL PRIOR TO THE SCHOOL YEAR.
30 SUCH AGREEMENT SHALL SET FORTH AN ESTIMATE OF REIMBURSABLE COSTS
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1 BASED ON AUDIT STANDARDS PROMULGATED BY THE DEPARTMENT AND THE
2 ESTIMATE OF DAILY AVERAGE ATTENDANCE. BASED UPON SUCH ESTIMATE,
3 THE DEPARTMENT SHALL PROVIDE EACH APPROVED SCHOOL WITH QUARTERLY
4 PAYMENTS IN ADVANCE OF FINAL DEPARTMENT AUDIT. THE AUDIT
5 STANDARDS, PROMULGATED BY THE DEPARTMENT, SHALL SPECIFY AS
6 REASONABLE ANY COST ALLOWED PUBLICLY OPERATED EDUCATION
7 PROGRAMS. IN ADDITION, THE AUDIT STANDARDS SHALL SPECIFY AS
8 REASONABLE, COSTS ASSOCIATED WITH THE OPERATION OF A PRIVATE
9 NONPROFIT BUSINESS TO THE EXTENT THAT SUCH COSTS ARE RELATED TO
10 THE EDUCATIONAL PROGRAM OFFERED (SUCH AS DIRECTOR'S LIABILITY
11 INSURANCE; INTEREST ON MONEY BORROWED TO OPERATE THE
12 INSTRUCTIONAL PROGRAM NECESSARY TO MEET THE REQUIREMENTS OF AN
13 APPROVED SCHOOL). THE DEPARTMENT MAY WITHHOLD A PORTION OF THE
14 ADVANCE QUARTERLY PAYMENTS. HOWEVER, IN NO CASE SHALL SUCH
15 WITHHELD MONEY EXCEED IN TOTAL FOR ANY ONE (1) YEAR OR A
16 COMBINATION OF YEARS, A SUM EQUAL TO FIVE PER CENT (5%) OF THE
17 MOST RECENT YEAR'S AGREEMENT OF ESTIMATED REIMBURSABLE COSTS AND
18 AN AMOUNT NOT TO EXCEED FIFTY PER CENT (50%) OF ANY OUTSTANDING
19 AUDIT EXCEPTION. IN NO EVENT SHALL EITHER THE ADVANCE PAYMENTS
20 OR FINAL REIMBURSEMENTS MADE BY THE DEPARTMENT FOLLOWING THE
21 FINAL AUDIT EXCEED THE APPROPRIATION AVAILABLE FOR APPROVED
22 SCHOOLS.
23 (D) NO PRIVATE INSTITUTION RECEIVING PAYMENT IN ACCORDANCE
24 WITH THIS SECTION SHALL IMPOSE ANY CHARGE ON THE STUDENT AND/OR
25 PARENTS WHO ARE PENNSYLVANIA APPROVED REIMBURSABLE RESIDENTS FOR
26 A PROGRAM OF INDIVIDUALIZED INSTRUCTION AND MAINTENANCE
27 APPROPRIATE TO THE CHILD'S NEEDS; EXCEPT THAT CHARGES FOR
28 SERVICES NOT PART OF SUCH PROGRAM MAY BE MADE IF AGREED TO BY
29 THE PARENTS.
30 (E) ANY PRIVATE INSTITUTION OR APPROVED SCHOOL REFUSING TO
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1 COOPERATE WITH THE DEPARTMENT OF EDUCATION'S AUDIT PROCESS SHALL
2 BE INELIGIBLE FOR THE CEILING WITHHOLDING LIMITATION PROVIDED IN
3 SUBSECTION (C).
4 SECTION 2. SECTION 1 OF THIS ACT APPLIES TO THE SCHOOL YEAR
5 1986-1987 AND EACH YEAR THEREAFTER.
6 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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