AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for funding for
6charter schools.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1725-A(a) of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949,
11amended June 29, 2002 (P.L.524, No.88), is amended and the
12subsection is amended by adding a paragraph to read:

13Section 1725-A. Funding for Charter Schools.--(a) Funding
14for a charter school shall be provided in the following manner:

15(1) There shall be no tuition charge for a resident or
16nonresident student attending a charter school.

17(2) For non-special education students between eight and 17 
18years of age who are enrolled in compulsory education programs,
19the charter school shall receive for each student enrolled no
20less than the budgeted total expenditure per average daily

1membership of the prior school year, as defined in section
22501(20), minus the budgeted expenditures of the district of
3residence for nonpublic school programs; adult education
4programs; community/junior college programs; student
5transportation services; for special education programs;
6facilities acquisition, construction and improvement services;
7and other financing uses, including debt service and fund
8transfers as provided in the Manual of Accounting and Related
9Financial Procedures for Pennsylvania School Systems established
10by the department. This amount shall be paid by the district of
11residence of each student.

12(2.1) For non-special education students under eight years
13of age who are enrolled in non-compulsory education programs,
14the charter school shall receive no less than the budgeted total
15expenditure per average daily membership of the prior school
16year, as defined in paragraph (2) prorated to reflect the extent
17to which the charter school's non-compulsory education program
18conforms with the age restriction policies and annual
19instructional hours for the programs offered by the district of
20residence.

21(3) For special education students, the charter school shall
22receive for each student enrolled the same funding as for each
23non-special education student as provided in clause (2), plus an
24additional amount determined by dividing the district of
25residence's total special education expenditure by the product
26of multiplying the combined percentage of section 2509.5(k)
27times the district of residence's total average daily membership
28for the prior school year. This amount shall be paid by the
29district of residence of each student.

30(4) A charter school may request the intermediate unit in

1which the charter school is located to provide services to
2assist the charter school to address the specific needs of
3exceptional students. The intermediate unit shall assist the
4charter school and bill the charter school for the services. The
5intermediate unit may not charge the charter school more for any
6service than it charges the constituent districts of the
7intermediate unit.

8(5) Payments shall be made to the charter school in twelve
9(12) equal monthly payments, by the fifth day of each month,
10within the operating school year. A student enrolled in a
11charter school shall be included in the average daily membership
12of the student's district of residence for the purpose of
13providing basic education funding payments and special education
14funding pursuant to Article XXV. If a school district fails to
15make a payment to a charter school as prescribed in this clause,
16the secretary shall deduct the estimated amount, as documented
17by the charter school, from any and all State payments made to
18the district after receipt of documentation from the charter
19school.

20(6) Within thirty (30) days after the secretary makes the
21deduction described in clause (5), a school district may notify
22the secretary that the deduction made from State payments to the
23district under this subsection is inaccurate. The secretary
24shall provide the school district with an opportunity to be
25heard concerning whether the charter school documented that its
26students were enrolled in the charter school, the period of time
27during which each student was enrolled, the school district of
28residence of each student and whether the amounts deducted from
29the school district were accurate.

30* * *

1Section 2. This act shall take effect in 60 days.