THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY LONGIETTI, BRIGGS, CALTAGIRONE, CARROLL, D. COSTA, DALEY, FLECK, GOODMAN, HALUSKA, HARKINS, KAVULICH, KULA, MILLER, MOUL, MURPHY, O'NEILL, QUINN, SANTONI AND WHITE, MARCH 17, 2011

REFERRED TO COMMITTEE ON EDUCATION, MARCH 17, 2011  

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," further providing for funding for

charter schools.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1725-A(a) of the act of March 10, 1949

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

amended June 29, 2002 (P.L.524, No.88), is amended to read:

Section 1725-A.  Funding for Charter Schools.--(a)  Funding

for a charter school shall be provided in the following manner:

(1)  There shall be no tuition charge for a resident or

nonresident student attending a charter school.

(2)  For non-special education students, the charter school

shall receive for each student enrolled no less than the

budgeted total expenditure per average daily membership of the

prior school year, as defined in section 2501(20), minus the

budgeted expenditures of the district of residence for nonpublic

school programs; adult education programs; community/junior

college programs; student transportation services; for special

education programs; facilities acquisition, construction and

improvement services; and other financing uses, including debt

service and fund transfers as provided in the Manual of

Accounting and Related Financial Procedures for Pennsylvania

School Systems established by the department. This amount shall

be paid by the district of residence of each student.

(3)  For special education students, the charter school shall

receive for each student enrolled the same funding as for each

non-special education student as provided in clause (2), plus an

additional amount determined by dividing the district of

residence's total special education expenditure by the product

of multiplying the combined percentage of section 2509.5(k)

times the district of residence's total average daily membership

for the prior school year. This amount shall be paid by the

district of residence of each student.

(4)  A charter school may request the intermediate unit in

which the charter school is located to provide services to

assist the charter school to address the specific needs of

exceptional students. The intermediate unit shall assist the

charter school and bill the charter school for the services. The

intermediate unit may not charge the charter school more for any

service than it charges the constituent districts of the

intermediate unit.

(5)  Payments shall be made to the charter school in twelve

(12) equal monthly payments, by the fifth day of each month,

within the operating school year. A student enrolled in a

charter school shall be included in the average daily membership

of the student's district of residence for the purpose of

providing basic education funding payments and special education

funding pursuant to Article XXV. If a school district fails to

make a payment to a charter school as prescribed in this clause,

the secretary shall deduct the estimated amount, as documented

by the charter school, from any and all State payments made to

the district after receipt of documentation from the charter

school.

(6)  Within thirty (30) days after the secretary makes the

deduction described in clause (5), a school district may notify

the secretary that the deduction made from State payments to the

district under this subsection is inaccurate. The secretary

shall provide the school district with an opportunity to be

heard concerning whether the charter school documented that its

students were enrolled in the charter school, the period of time

during which each student was enrolled, the school district of

residence of each student and whether the amounts deducted from

the school district were accurate.

(7)  Except in the case of any student enrolled in a charter

or cyber charter school on the effective date of this section, a

school district which offers a kindergarten program shall not be

required to provide per pupil funding to a charter or cyber

charter school for a student who does not meet the minimum

requirement for the age of kindergarten established by the board

of school directors in the student's school district of

residence.

(8)  Except in the case of any student enrolled in a charter

or cyber charter school on the effective date of this clause, a

school district which does not offer a kindergarten program

shall not be required to provide per pupil funding to a charter

or cyber charter school for a student who does not meet the

minimum requirement for the age of beginner established by the

board of school directors in the student's school district of

residence.

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Section 2.  This act shall take effect in 60 days.