PRINTER'S NO. 2032
No. 1397 Session of 2008
INTRODUCED BY ERICKSON, PILEGGI, RAFFERTY, TOMLINSON, CORMAN AND EARLL, MAY 8, 2008
REFERRED TO EDUCATION, MAY 8, 2008
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," in pupils and attendance, further
6 providing for liability for tuition and enforcement of
7 payment and for cost of tuition.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1308 of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended June 7, 1993 (P.L.49, No.16), is amended to read:
13 Section 1308. Liability for Tuition and Enforcement of
14 Payment.--(a) In all cases not covered by the preceding section
15 if a charge is made by any school district for tuition for the
16 inmates of any such institution, the officers of the institution
17 shall submit to the board of school directors a sworn statement,
18 setting forth the names, ages, and school districts liable for
19 tuition of all children who are inmates thereof, and desire to
20 attend public school in the district. The district in which the
1 institution is located shall obtain a blank acknowledging or 2 disclaiming residence, signed by the secretary of the school 3 district in which the institution declares the legal residence 4 of the child to be. If said district shall fail to file said 5 blank within fifteen (15) days from the date it is sent to the 6 district by registered mail, the district in which the 7 institution is located shall again notify the district [of its] 8 and shall notify the secretary of the district's failure to 9 comply with the provisions of this act. If the district shall 10 fail to comply within fifteen (15) days following the second 11 notice, said failures to return the blank shall be construed as 12 an acknowledgement of said child's residence[.] and shall 13 authorize the secretary to make payments for tuition charges on 14 behalf of the district of residence. The district of residence 15 shall not disclaim an inmate solely for convenience or to avoid 16 adhering to the timeline set forth in this section for 17 acknowledging or disclaiming residence of any inmate or for 18 paying tuition. The tuition of such inmates [as are] included in 19 the sworn statement to the board of school directors or, in the 20 case of a school district of the fist class, the board of public 21 education shall be paid by the district of residence of the 22 inmates upon receipt of a bill from the district in which the 23 institution is located setting forth the names, ages and tuition 24 charges of the inmates. The district so charged with tuition may 25 file an appeal with the Secretary of Education, in which it 26 shall be the complainant and the district in which the 27 institution is located the respondent. The decision of the 28 Secretary of Education, as to which of said parties is 29 responsible for tuition, shall be final. 30 (b) Where a bill from the district in which the institution 20080S1397B2032 - 2 -
1 is located remains unpaid by the district of residence seventy- 2 five (75) days following its receipt by the district of 3 residence, such bill having been sent following the second 4 notice to the district of residence, the secretary shall be 5 required to make payments for tuition charges on behalf of the 6 district of residence. The district in which the institution is 7 located shall provide the secretary with copies of all bills and 8 notices previously provided to the district of residence from 9 which a bill remains unpaid. The secretary shall pay the 10 district in which the institution is located the amount of the 11 unpaid bill within thirty (30) days of the receipt of such bills 12 and notices. Subsequent bills from the district in which the 13 institution is located for tuition charges incurred for the same 14 inmates shall be submitted to the secretary, who shall pay such 15 bills within thirty (30) days of receipt. Where the secretary 16 makes payments for tuition charges on behalf of a district of 17 residence, the secretary shall withhold from any payments due to 18 the district of residence an amount equal to the tuition charges 19 paid. The district of residence may file an appeal with the 20 secretary. An appeal by the district of residence shall not 21 cause delay in payment to the district in which the institution 22 is located. 23 (c) If any inmates have been received from outside of 24 Pennsylvania, or if the institution cannot certify as to their 25 residence, their tuition shall be paid by the institution having 26 the care or custody of said children, except in the case of 27 medically indigent children hospitalized in exclusively 28 charitable children's hospitals exempt under section 501(c)(3) 29 of the Internal Revenue Code which make no charges to any of its 30 patients nor accepts any third-party payments for services 20080S1397B2032 - 3 -
1 provided to any of its patients. In such cases their tuition 2 shall be paid by the Commonwealth out of moneys appropriated by 3 the General Assembly for the purposes of this act. Enrollment of 4 any out-of-state student in a school district or intermediate 5 unit program shall be conditioned upon a guarantee, or actual 6 advance receipt, of tuition and transportation payment from the 7 institution, from the student's home state or out-of-state 8 school district, or from the out-of-state party or agency which 9 placed the student in the institution, except in the case of 10 medically indigent children hospitalized in exclusively 11 charitable children's hospitals exempt under section 501(c)(3) 12 of the Internal Revenue Code which make no charges to any of its 13 patients nor accepts any third-party payments for services 14 provided to any of its patients where the Commonwealth is paying 15 the tuition as otherwise provided for in this paragraph. If the 16 Secretary of Education decides that the legal residence of any 17 of said inmates is in Pennsylvania, but cannot be fixed in a 18 particular district, the Commonwealth shall pay the tuition of 19 such inmate out of moneys appropriated to the Department of 20 Education by the General Assembly for the maintenance and 21 support of the public schools of the Commonwealth. 22 Section 2. Section 1309(a) of the act is amended by adding a 23 paragraph to read: 24 Section 1309. Cost of Tuition; How Fixed.--(a) The cost of 25 tuition in such cases shall be fixed as is now provided by law 26 for tuition costs in other cases, except in the following 27 circumstances: 28 * * * 29 (3) When a child who is an inmate of an institution receives 30 specialized instruction, including remedial, rehabilitative or 20080S1397B2032 - 4 -
1 alternative education or services, the district in which the 2 institution is located may charge the district of residence and 3 the district of residence shall pay the full cost for such 4 specialized instruction, including remedial, rehabilitative or 5 alternative education or services. Such charge when combined 6 with the applicable tuition charge shall not exceed the total 7 net cost of the education or services provided. 8 * * * 9 Section 3. This act shall take effect in 60 days. E7L24DMS/20080S1397B2032 - 5 -