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                                                      PRINTER'S NO. 2032

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
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     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
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     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
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     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.














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