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PRINTER'S NO. 497
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
534
Session of
2021
INTRODUCED BY BENHAM, D. MILLER, SANCHEZ, MERSKI, HOHENSTEIN,
ISAACSON, HANBIDGE, STRUZZI, CIRESI, McNEILL, SCHLOSSBERG,
KENYATTA, KRAJEWSKI, PISCIOTTANO, A. DAVIS AND KINKEAD,
FEBRUARY 16, 2021
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 16, 2021
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(a)(3) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended and subsection (a) is amended by adding clauses to read:
Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school shall be provided in the following manner:
* * *
(3) For the 1997-1998 school year through the 2019-2020
school year, 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
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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.
(3.1) (i) For the 2020-2021 school year and each school
year thereafter, subject to the provisions of clause (3.2), for
special education students, the charter school shall receive for
each student enrolled an amount which shall be paid by the
district of residence of each student as follows:
(A) For each special education student enrolled in the
charter school for which the annual expenditure is less than
twenty-five thousand dollars ($25,000), which shall be known as
Category 1, multiply the same funding as for each non-special
education student as provided in clause (2) by one and fifty-one
hundredths (1.51).
(B) For each special education student enrolled in the
charter school for which the annual expenditure is equal to or
greater than twenty-five thousand dollars ($25,000) and less
than fifty thousand dollars ($50,000), which shall be known as
Category 2, multiply the same funding as for each non-special
education student as provided in clause (2) by three and
seventy-seven hundredths (3.77).
(C) For each special education student enrolled in the
charter school for which the annual expenditure is equal to or
greater than fifty thousand dollars ($50,000), which shall be
known as Category 3, multiply the same funding as for each non-
special education student as provided in clause (2) by seven and
forty-six hundredths (7.46).
(ii) To be eligible to receive funding for special education
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students under subparagraph (i)(B) and (C), the charter school
must document the cost of providing an education to the special
education student and provide the documentation to the
department.
(iii) For each weight provided in subparagraph (i)(A), (B)
and (C) for each school district, the department shall annually
make the following adjustment:
(A) Divide the school district's total expenditure for
special education programs and services, excluding gifted
education, by the number of special education students who
reside in the school district.
(B) Divide the total expenditure for special education
programs and services, excluding gifted education, for all
school districts by the total number of special education
students residing in all school districts.
(C) Divide the quotient in clause (A) by the quotient in
clause (B).
(D) If the quotient in clause (C) is greater than one (1),
multiply the quotient by the weight to determine the school
district adjustment.
(E) In no case shall the adjustment made in subparagraph (i)
(A) and (B) result in a payment that exceeds the maximum amount
within the category's dollar range and in no case shall the
adjustment in subparagraph (i)(C) result in a payment that
exceeds the actual cost of providing an education to the special
education student as determined under subparagraph (ii).
(iv) The department shall annually adjust the dollar ranges
in subparagraph (i)(A), (B) and (C) by the Consumer Price Index
for All Urban Consumers for the Pennsylvania, New Jersey,
Delaware and Maryland area.
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(v) The annual expenditure amounts used to calculate funding
under subparagraph (i)(A), (B) and (C) shall be based on the
amounts used in making reports to the department under section
1372(8).
(3.2) To transition to the new student-based funding
methodology for special education students under clause (3.1), a
charter school shall receive for each student enrolled an amount
to be paid by the district of residence as follows:
(i) For each special education student under clause (3.1)(i)
(A) in Category 1, the following shall apply:
(A) Determine the number of special education students under
clause (3.1)(i)(A) from the school district who were enrolled in
a charter school with individualized education plans as required
under the Individuals with Disabilities Education Act (Public
Law 91-230, 20 U.S.C. ยง 1400 et seq.) as of May 31, 2020.
(B) Divide the number determined in clause (A) by the total
number of students enrolled in a charter school from the school
district under clause (3.1)(i)(A) as of October 1 of that year.
(C) Multiply the lesser of the quotient in clause (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2019-2020 school year.
(D) Subtract the lesser of the quotient in clause (B) or one
(1) from one (1) and multiply the difference by the amount for
the same special education student in clause (3.1)(i)(A).
(E) Add the amounts in clauses (C) and (D) to determine the
amount paid by the school district.
(ii) For each special education student under clause (3.1)
(i)(B) in Category 2, the following shall apply:
(A) Determine the number of special education students under
clause (3.1)(i)(B) from the school district who were enrolled in
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a charter school with individualized education plans as required
by the Individuals with Disabilities Education Act as of May 31,
2020.
(B) Divide the number determined in clause (A) by the total
number of students enrolled in a charter school from the school
district under clause (3.1)(i)(B) as of October 1 of that year.
(C) Multiply the lesser of the quotient in clause (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2019-2020 school year.
(D) Subtract the lesser of the quotient in clause (B) or one
(1) from one (1) and multiply the difference by the amount for
the same special education student in clause (3.1)(i)(B).
(E) Add the amounts in clauses (C) and (D) to determine the
amount paid by the school district.
(iii) For each special education student under clause (3.1)
(i)(C) in Category 3, the following shall apply:
(A) Determine the number of special education students under
clause (3.1)(i)(C) from the school district who were enrolled in
a charter school with individualized education plans as required
by the Individuals with Disabilities Education Act as of May 31,
2020.
(B) Divide the number determined in clause (A) by the total
number of students enrolled in a charter school from the school
district under clause (3.1)(i)(C) as of October 1 of that year.
(C) Multiply the lesser of the quotient in clause (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2019-2020 school year.
(D) Subtract the lesser of the quotient in clause (B) or one
(1) from one (1) and multiply the difference by the amount for
the same special education student in clause (3.1)(i)(C).
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(E) Add the amounts in clauses (C) and (D) to determine the
amount paid by the school district.
(iv) In no case shall a payment made under subparagraph
(iii) exceed the amount allowed for the same student under
clause (3.1).
(v) If the amount determined under subparagraph (i) for a
student in Category 1 is greater than the amount determined for
a student under clause (3) for the 2019-2020 school year,
payment made by the school district of residence shall be based
on the provisions under clause (3.1), and the transition under
this clause shall expire.
(vi) The department shall develop guidelines to collect the
enrollment data required under this clause and calculate
estimated payments until actual enrollments are determined.
* * *
Section 2. This act shall take effect in 60 days.
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