THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, ERICKSON, FONTANA AND RAFFERTY, JUNE 10, 2011

REFERRED TO EDUCATION, JUNE 10, 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," in pupils and attendance, further

providing for liability for tuition and enforcement of

payment. 

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

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. The

tuition of such inmates as are included in the sworn statement

to the board of school directors 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)  In the event that the district in which the institution

is located contracts with a third party to provide educational

services to children who are inmates of the institution, the

third party may seek payment of tuition directly from the

district of residence. The third party shall notify the district

in which the institution is located of its payment request to

the district of residence and, if the district of residence

makes payment to the third party, the third party shall notify

the district in which the institution is located. Such payment

to the third party shall satisfy and extinguish the contractual

payment obligation of the district in which the institution is

located. The district so charged with tuition by the third party

may file an appeal with the secretary as set forth in subsection

(a).

(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.  This act shall take effect in 60 days.