Regular Session 2019-2020 House Bill 1571 P.N. 1997

PRINTER'S NO. 1997

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1571

Session of

2019

INTRODUCED BY CIRESI, SOLOMON, RABB, WILLIAMS, MULLERY,

POLINCHOCK, NEILSON, SHUSTERMAN, HILL-EVANS, DeLUCA,

SCHWEYER, WEBSTER, ZABEL, DELLOSO, KORTZ, VITALI, McNEILL,

EVERETT AND A. DAVIS, JUNE 4, 2019

REFERRED TO COMMITTEE ON EDUCATION, JUNE 4, 2019

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 charter schools, further providing

for funding for charter schools.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

(P.L.30, No.14), known as the Public School Code of 1949, 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] Except as provided under subsection (f), 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] Except as

provided under subsection (f), 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] Except as provided under

subsection (f), 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

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(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] Except as provided under

subsection (f), 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. No later

than October 1 of each year, a charter school shall submit to

the school district of residence of each student final

documentation of payment to be made based on the average daily

membership for the students enrolled in the charter school from

the school district for the previous school year. [If] Except as

provided under subsection (f), if a school district fails to

make payment to the charter school, the secretary shall deduct

and pay the 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 from the appropriations

for the fiscal year in which the final documentation of payment

was submitted to the school district of residence.

(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

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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.

(b) [The] Except as provided under subsection (f), the

Commonwealth shall provide temporary financial assistance to a

school district due to the enrollment of students in a charter

school who attended a nonpublic school in the prior school year

in order to offset the additional costs directly related to the

enrollment of those students in a public charter school. The

Commonwealth shall pay the school district of residence of a

student enrolled in a nonpublic school in the prior school year

who is attending a charter school an amount equal to the school

district of residence's basic education subsidy for the current

school year divided by the district's average daily membership

for the prior school year. This payment shall occur only for the

first year of the attendance of the student in a charter school,

starting with school year 1997-1998. Total payments of temporary

financial assistance to school districts on behalf of a student

enrolling in a charter school who attended a nonpublic school in

the prior school year shall be limited to funds appropriated for

this program in a fiscal year. If the total of the amount needed

for all students enrolled in a nonpublic school in the prior

school year who enroll in a charter school exceeds the

appropriation for the temporary financial assistance program,

the amount paid to a school district for each qualifying student

shall be pro rata reduced. Receipt of funds under this

subsection shall not preclude a school district from applying

for a grant under subsection (c).

as provided under subsection (f), provide temporary transitional

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funding to a school district due to the budgetary impact

relating to any student's first-year attendance at a charter

school. The department shall develop criteria which shall

include, but not be limited to, the overall fiscal impact on the

budget of the school district resulting from students of a

school district attending a charter school. The criteria shall

be published in the Pennsylvania Bulletin. This subsection shall

not apply to a public school converted to a charter school under

section 1717-A(b). Grants shall be limited to funds appropriated

for this purpose.

(d) It shall be lawful for any charter school to receive,

hold, manage and use, absolutely or in trust, any devise,

bequest, grant, endowment, gift or donation of any property,

real or personal and/or mixed, which shall be made to the

charter school for any of the purposes of this article.

(e) It shall be unlawful for any trustee of a charter school

or any board of trustees of a charter school or any other person

affiliated in any way with a charter school to demand or

request, directly or indirectly, any gift, donation or

contribution of any kind from any parent, teacher, employe or

any other person affiliated with the charter school as a

condition for employment or enrollment and/or continued

attendance of any pupil. Any donation, gift or contribution

received by a charter school shall be given freely and

voluntarily.

(f) Notwithstanding any other provision of this act, the

following shall apply:

(1) A local board of school directors of a school district

may, by June 30 of each year, vote to not make payments required

under this section to a charter school or regional charter

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school located outside the school district's boundaries for

students which attend the charter school.

(2) This subsection shall not apply to a charter or regional

charter school located outside the school district's boundaries

established and operated under a charter from the local board of

school directors of the school district.

(3) If the student chooses to enroll in a charter school,

the student or the student's parent or guardian shall be

responsible to pay the charter school a per-student amount

calculated in the manner under subsection (a)(2) and (3). The

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 under this clause shall not be included in the average

daily membership of the student's school district of residence

for the purpose of providing basic education funding payments

and special education funding pursuant to Article XXV.

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

addition described in clause (3), a school district may notify

the secretary that the addition made to 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 added to the

school district were accurate.

(5) The Commonwealth may not provide temporary financial

assistance under subsection (b) to a school district whose

local board of school directors voted to not make payments under

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clause (1). A school district whose local board of school

directors voted to not make payments under clause (1) shall not

be eligible for a grant under subsection (c).

Section 2. The amendment of section 1725-A of the act shall

apply to the 2020-2021 school year and each school year

thereafter.

Section 3. This act shall take effect in 60 days.

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