PRINTER'S NO. 993
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
825
Session of
2015
INTRODUCED BY SONNEY, BAKER, MILLARD AND SCHLOSSBERG,
MARCH 24, 2015
REFERRED TO COMMITTEE ON EDUCATION, MARCH 24, 2015
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 heading and (a) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, amended or added June 19, 1997 (P.L.225, No.22) and
June 29, 2002 (P.L.524, No.88), are amended to read:
Section 1725-A. Funding for Charter [Schools] School
Entities.--(a) Funding for a charter school entity shall be
provided in the following manner:
(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
entity shall receive for each student enrolled the following,
which shall be paid by the district of residence of each
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
student:
(i) Through and including the 2014-2015 school year, 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 amount shall be paid by the district of
residence of each student.]
(ii) Beginning in the 2015-2016 school year, the following:
(A) For a charter school or regional charter school, 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 amount shall be paid by the district of
residence of each student.
(B) For a cyber charter school, as follows:
(I) Where the student's district of residence does not
20150HB0825PN0993 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
operate its own full-time cyber school program, 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.
(II) Where the student's district of residence operates its
own full-time cyber school program, an amount equal to the
district's total expenditure per student enrolled in the
district's full-time cyber school program. For purposes of this
clause, the total expenditure per student shall include all
instructional, noninstructional support, technological, food
service and facilities expenditures that are related, in whole
or in part, to supporting the district's full-time cyber school
program.
(3) For special education students, the charter school
entity 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 entity may request the intermediate
20150HB0825PN0993 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
unit in which the charter school entity is located to provide
services to assist the charter school entity to address the
specific needs of exceptional students. The intermediate unit
shall assist the charter school entity and bill the charter
school entity for the services. The intermediate unit may not
charge the charter school entity more for any service than it
charges the constituent districts of the intermediate unit.
(5) Payments shall be made to the charter school entity 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 entity 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 entity as
prescribed in this clause, the secretary shall deduct the
estimated amount, as documented by the charter school entity,
from any and all State payments made to the district after
receipt of documentation from the charter school entity.
(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 entity documented
that its students were enrolled in the charter school entity,
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.
(7) As used in this subsection, the phrase "charter school
20150HB0825PN0993 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
entity" shall mean a charter school, regional charter school or
cyber charter school.
* * *
Section 2. This act shall take effect in 60 days.
20150HB0825PN0993 - 5 -
1
2
3
4