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PRINTER'S NO. 1617
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1232
Session of
2015
INTRODUCED BY D. COSTA, DeLUCA, THOMAS, MULLERY, O'BRIEN,
D. MILLER AND RAVENSTAHL, MAY 18, 2015
REFERRED TO COMMITTEE ON EDUCATION, MAY 18, 2015
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
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school programs; adult education programs; community/junior
college programs; student transportation services; for special
education programs; facilities acquisition, construction and
improvement services; the amount paid to charter and cyber
charter schools for resident students attending such schools;
the full employer's share of retirement contributions paid to
the Public School Employees' Retirement System; for programs and
services, to the extent they are funded from Federal funds; for
programs and services, to the extent they are funded from the
proceeds of competitive grants from private or public sources or
from contributions or donations from private sources; 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
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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.
* * *
Section 2. This act shall take effect in 60 days.
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