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PRINTER'S NO. 2148
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1892
Session of
2021
INTRODUCED BY SONNEY, CIRESI, SCHLEGEL CULVER, MILLARD, PICKETT,
SCHLOSSBERG, SNYDER AND STAATS, SEPTEMBER 21, 2021
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 21, 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)(5) 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:
* * *
(5) (i) 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[.] using the per-student
amounts calculated under paragraphs (2) and (3). In order to be
eligible to receive a monthly payment for an enrolled student,
the charter school shall be required to submit proof of
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enrollment and proof of residency to the school district.
(ii) 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.
(iii) If a school district fails to make a monthly payment
to a charter school as prescribed in this clause, the secretary
shall deduct and pay the estimated amount, as documented by the
charter school, from any and all State payments made to the
school district after receipt of documentation from the charter
school. A charter school may only seek deduction and payment by
the secretary under this clause for estimated amounts owed to
the charter school for students enrolled in the most current
school year and due as of the date the request is submitted to
the secretary. A charter school shall submit with its request a
copy of its charter agreement under section 1720-A(a).
(iv) 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.
(v) 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.
(vi) The secretary may not process a request under this
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paragraph unless the student count reflected in any charter
school's request is consistent with terms of the charter
agreement signed under section 1720-A(a).
(vii) the secretary may not make a deduction under this
paragraph unless the charter school provides the secretary with
proof that:
(A) the school district was billed for payment by the
charter school at least thirty (30) days prior to the date for
payment under this paragraph; and
(B) the school district did not make a payment prior to or
on the date prescribed in this paragraph.
(viii) Prior to making a deduction from a State payment due
to the district, the secretary shall verify the accuracy of the
charter school request and documentation. The secretary may not
make a deduction if the department determines that the charter
school request is inaccurate or that the documentation is
incomplete.
(ix) The secretary shall notify the school district at least
ten (10) days prior to making any deductions from State payments
and shall provide the school district with the amount of the
deduction. Within thirty (30) days of notification from the
secretary, the school district may notify the secretary that it
believes that the estimated amount, as documented by the charter
school, is inaccurate. Within thirty (30) days of receiving
notification from the school district, the secretary shall:
(A) Provide the school district with a hearing concerning
whether the charter school documented that students were
enrolled in the charter school, the period of time during which
each student was enrolled in the charter school, the school
district of residence of each student enrolled in the charter
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school and any other matters related to whether the amounts
deducted from or paid by the school district were accurate.
(B) Adjust any payments as necessary within thirty (30) days
of the hearing, including, but not limited to, restoring school
district State subsidies previously withheld for redirection,
directing that the charter school return money to the school
district or granting the school district a credit toward future
charter school payments.
* * *
Section 2. This act shall take effect immediately.
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