THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE AND WASHINGTON, JANUARY 31, 2011

REFERRED TO EDUCATION, JANUARY 31, 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 educational

support services providers and for payments of grants.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1505-C(a) of the act of March 10, 1949

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

amended December 23, 2003 (P.L.304, No.48), is amended to read:

Section 1505-C.  Providers.

(a)  Application.--

(1)  A prospective provider shall submit an application

to the department for approval to provide education support

services or tutoring under the Educational Assistance Program

under this article. The application shall include a

description of the services to be provided, a description of

the curriculum to be used, the cost of the services, the

qualification of all individuals providing those services,

including evidence of compliance with section 111 and with 23

Pa.C.S. § 6355 (relating to requirement), a description of an

assessment mechanism to be used to determine the academic

progress of students who receive tutoring services, and such

other information as may be required by the department.

(2)  Approval is subject to a provider agreeing not to

seek payment directly from the grant recipient for education

support services for which reimbursement is provided under

this article.

* * *

Section 2.  Section 1507-C(a) and (b) of the act, added May

17, 2001 (P.L.4, No.4), are amended to read:

Section 1507-C.  Payment of educational support services grants.

(a)  Certificates.--A certificate for education support

services under this article shall be issued by the department in

an amount authorizing up to $500 for each eligible student

identified on the certificate. The certificate shall be issued

to the grant recipient and shall be valid only for the fiscal

year in which it is issued. After receiving the certificate from

a grant recipient, the provider shall include the following

information, verified by the grant recipient, on the

certificate: name of eligible student served, type of

instruction, date and length of instruction and cost of

instruction provided to the eligible student. When the amount of

the certificate has been utilized or when the eligible student

is no longer receiving education support services from the

provider, the provider shall return the completed certificate

[to the grant recipient for submission] to the department for

payment. The department shall make payment directly to the

[grant recipient for the amount due. Grant recipients must send

all outstanding certificates to the department for payment no

later than 90 days after receiving the completed certificate

from the] provider.

(b)  Penalty for grant recipients.--A grant recipient who

knowingly defrauds the Commonwealth by [receiving reimbursement

for] verifying the receipt of education support services not

rendered to the eligible student and grant recipient identified

on the certificate commits a misdemeanor of the third degree and

shall, upon conviction, be sentenced to pay a fine of not more

than $1,000 per violation and shall be disqualified from

eligibility for an additional grant for a period of not less

than five years.

* * *

Section 3.  This act shall take effect July 1, 2011, or

immediately, whichever is later.