THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, ERICKSON, BROWNE, EARLL, FONTANA, GREENLEAF, PILEGGI, RAFFERTY, STOUT, PICCOLA, WARD, YAW AND VANCE, MARCH 12, 2009

SENATOR PICCOLA, EDUCATION, AS AMENDED, APRIL 21, 2009   

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 pupils and attendance, further

providing for liability for tuition and enforcement of

payment and for cost of tuition.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1308 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended June 7, 1993 (P.L.49, No.16), is amended to read:

Section 1308.  Liability for Tuition and Enforcement of

Payment.--(a)  In all cases not covered by the preceding section

if a charge is made by any school district for tuition for the

inmates of any such institution, the officers of the institution

shall submit to the board of school directors a sworn statement,

setting forth the names, ages, and school districts liable for

tuition of all children who are inmates thereof, and desire to

attend public school in the district. The district in which the

institution is located shall obtain a blank acknowledging or

disclaiming residence, signed by the secretary of the school

district in which the institution declares the legal residence

of the child to be. If said district shall fail to file said

blank within fifteen (15) days from the date it is sent to the

district by registered mail, the district in which the

institution is located shall again notify the district [of its]

and shall notify the secretary of the district's failure to

comply with the provisions of this act. If the district shall

fail to comply within fifteen (15) days following the second

notice, said failures to return the blank shall be construed as

an acknowledgement of said child's residence[.] and shall

authorize the secretary to make payments for tuition charges on

behalf of the district of residence. The district of residence

shall not disclaim an inmate solely for convenience or to avoid

adhering to the timeline set forth in this section for

acknowledging or disclaiming residence of any inmate or for

paying tuition. The tuition of such inmates [as are] included in

the sworn statement to the board of school directors or, in the

case of a school district of the first class, the board of

public education shall be paid by the district of residence of

the inmates upon receipt of a bill from the district in which

the institution is located setting forth the names, ages and

tuition charges of the inmates. The district so charged with

tuition may file an appeal with the Secretary of Education, in

which it shall be the complainant and the district in which the

institution is located the respondent. The decision of the

Secretary of Education, as to which of said parties is

responsible for tuition, shall be final.

(b)  Where a bill from the district in which the institution

is located remains unpaid by the district of residence seventy-

five (75) days following its receipt by the district of

residence, such bill having been sent following the second

notice to the district of residence, the secretary shall be

required to make payments for tuition charges on behalf of the

district of residence. The district in which the institution is

located shall provide the secretary with copies of all bills and

notices previously provided to the district of residence from

which a bill remains unpaid. The secretary shall pay the

district in which the institution is located the amount of the

unpaid bill within thirty (30) days of the receipt of such bills

and notices. Subsequent bills from the district in which the

institution is located for tuition charges incurred for the same

inmates shall be submitted to the secretary, who shall pay such

bills within thirty (30) days of receipt. Where the secretary

makes payments for tuition charges on behalf of a district of

residence, the secretary shall withhold from any payments due to

the district of residence an amount equal to the tuition charges

paid. The district of residence may file an appeal with the

secretary. An appeal by the district of residence shall not

cause delay in payment to the district in which the institution

is located. During the pendency of any issues or disputes

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regarding tuition charges, including the pendency of any appeal,

the inmate shall continue to receive the full range of

educational services to which he is entitled, including special

education services.

(c)  If any inmates have been received from outside of

Pennsylvania, or if the institution cannot certify as to their

residence, their tuition shall be paid by the institution having

the care or custody of said children, except in the case of

medically indigent children hospitalized in exclusively

charitable children's hospitals exempt under section 501(c)(3)

of the Internal Revenue Code which make no charges to any of its

patients nor accepts any third-party payments for services

provided to any of its patients. In such cases their tuition

shall be paid by the Commonwealth out of moneys appropriated by

the General Assembly for the purposes of this act. Enrollment of

any out-of-state student in a school district or intermediate

unit program shall be conditioned upon a guarantee, or actual

advance receipt, of tuition and transportation payment from the

institution, from the student's home state or out-of-state

school district, or from the out-of-state party or agency which

placed the student in the institution, except in the case of

medically indigent children hospitalized in exclusively

charitable children's hospitals exempt under section 501(c)(3)

of the Internal Revenue Code which make no charges to any of its

patients nor accepts any third-party payments for services

provided to any of its patients where the Commonwealth is paying

the tuition as otherwise provided for in this paragraph. If the

Secretary of Education decides that the legal residence of any

of said inmates is in Pennsylvania, but cannot be fixed in a

particular district, the Commonwealth shall pay the tuition of

such inmate out of moneys appropriated to the Department of

Education by the General Assembly for the maintenance and

support of the public schools of the Commonwealth.

Section 2.  Section 1309(a) of the act is amended by adding a

paragraph to read:

Section 1309.  Cost of Tuition; How Fixed.--(a)  The cost of

tuition in such cases shall be fixed as is now provided by law

for tuition costs in other cases, except in the following

circumstances:

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(3)  When a child who is an inmate of an institution receives

specialized instruction, including remedial, rehabilitative or

alternative education or services, the district in which the

institution is located may charge the district of residence and

the district of residence shall pay the full cost for such

specialized instruction, including remedial, rehabilitative or

alternative education or services. Such charge when combined

with the applicable tuition charge shall not exceed the total

net cost of the education or services provided.

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Section 3.  This act shall take effect in 60 days.