PRINTER'S NO. 3055
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1943
Session of
2015
INTRODUCED BY MOUL, MATZIE, D. COSTA, HELM AND COHEN,
APRIL 1, 2016
REFERRED TO COMMITTEE ON EDUCATION, APRIL 1, 2016
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 and for establishment of cyber 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 and the
section is amended by adding a subsection to read:
Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school shall be provided in the following manner:
(1) [There] Except as provided in subsection (a.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
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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,
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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.
(a.1) If the student's school district or intermediate unit
operates a cyber charter school and the student attends another
cyber charter school, neither the Commonwealth nor the school
district shall be required to provide funding under this
section. The student may be charged tuition by the cyber charter
school under section 2561.
* * *
Section 2. Section 1745-A(a) of the act, added June 29, 2002
(P.L.524, No.88), is amended to read:
Section 1745-A. Establishment of cyber charter school.
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(a) Establishment.--A cyber charter school may be
established by a school entity; an individual; one or more
teachers who will teach at the proposed cyber charter school;
parents or guardians of students who will enroll in the cyber
charter school; a nonsectarian college, university or museum
located in this Commonwealth; a nonsectarian corporation not-
for-profit as defined in 15 Pa.C.S. ยง 5103 (relating to
definitions); a corporation, association or partnership; or any
combination of the foregoing. Section 1327.1 shall not apply to
a cyber charter school established under this subdivision.
* * *
Section 3. This act shall take effect in 60 days.
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