PRINTER'S NO. 1980
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1749
Session of
2021
INTRODUCED BY R. BROWN, HILL-EVANS, ZABEL, STEPHENS, MILLARD,
LONGIETTI, STURLA, SCHLEGEL CULVER, PENNYCUICK, THOMAS,
CIRESI, STRUZZI, T. DAVIS, McNEILL, BROOKS, SCHROEDER,
VITALI, DAVIDSON, FRITZ AND FLOOD, JULY 30, 2021
REFERRED TO COMMITTEE ON EDUCATION, JULY 30, 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, for provisions applicable to
charter schools and for applicability of other provisions of
this act and of other acts and regulations.
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 the subsection is amended by adding a clause 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 2020-2021
school year, for special education students, the charter school
shall receive for each student enrolled the same funding as for
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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.
(3.1) (i) For the 2021-2022 school year and each school
year thereafter, 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 to be
determined as follows:
(A) For each special education student enrolled in the
charter school for which the annual expenditure is in Category 1
as reported to the department under section 1372(8) 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 in Category 2
as reported to the department under section 1372(8) 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 in Category 3
as reported to the department under section 1372(8) multiply the
same funding as for each non-special education student as
provided in clause (2) by seven and forty-six hundredths (7.46).
For purposes of this paragraph, Category 3 shall be the sum of
students reported in Categories 3A and 3B under section 1372(8).
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(ii) Pursuant to guidelines developed by the department, to
be eligible to receive funding for special education students
under subclause (i), the charter school must document the cost
of providing an education to the student and provide the
documentation to the department and the school district of
residence.
(iii) Each weight provided in subclause (i)(A), (B) and (C)
shall be updated whenever the weights in section 2509.5(bbb)(2)
(i) are adjusted for school districts.
(iv) In no case shall the calculation made in subclause (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
calculation in subclause (i)(C) result in a payment that exceeds
the actual cost of providing an education to the student as
determined under subclause (ii). Should the actual cost of
providing an education to a student in category 3 be less than
the amount the charter school received for the student, the
charter school shall return to the district of residence any
overage it received for that student by no later than February 1
of each year.
(v) Upon submission of the report required under section
1372(8), the charter school shall calculate the difference
between the amount received for special education from school
districts and the amount expended to provide special education
programs and services. In the event the charter school's
expenses for special education are less than the total amount it
received from school districts for special education, the
overpayment shall be returned to the school districts on a pro
rata basis by no later than February 1, 2023, and February 1 of
each year thereafter pursuant to guidelines developed by the
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department.
* * *
Section 2. Sections 1732-A(a) and 1749-A(a)(1) of the act
are amended to read:
Section 1732-A. Provisions Applicable to Charter Schools.--
(a) Charter schools shall be subject to the following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755,
771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301, 1310,
1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,
1332, 1333, 1333.1, 1333.2, 1333.3, 1372, 1303-A, 1513, 1517,
1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article
XIV.
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), entitled "An act providing scholarships and providing
funds to secure Federal funds for qualified students of the
Commonwealth of Pennsylvania who need financial assistance to
attend postsecondary institutions of higher learning, making an
appropriation, and providing for the administration of this
act."
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
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Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."
* * *
Section 1749-A. Applicability of other provisions of this act
and of other acts and regulations.
(a) General requirements.--Cyber charter schools shall be
subject to the following:
(1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,
808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,
1302, 1310, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,
1332, 1333, 1333.1, 1333.2, 1333.3, 1372, 1303-A, 1518, 1521,
1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A,
1716.1-A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A,
1725-A, 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and
2014-A and Articles XII-A, XIII-A and XIV.
* * *
Section 3. This act shall take effect in 60 days.
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