PRINTER'S NO. 558
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
540
Session of
2021
INTRODUCED BY TOMLINSON, MENSCH, FONTANA AND STEFANO,
APRIL 9, 2021
REFERRED TO EDUCATION, APRIL 9, 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 the subsection 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 2021-2022
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
residence's total special education expenditure by the product
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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 2022-2023 school year and each school
year thereafter, subject to the provisions in clause (3.2) ,
which provides for the transition to the new student-based
funding methodology established in this clause, for special
education students, the charter school shall receive for each
student enrolled an amount which shall be paid by the school
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 reported
under section 1372 in 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 reported
under section 1372 in 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 reported
under section 1372 in Categories 3A and 3B, 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) Pursuant to guidelines developed by the department, to
be eligible to receive funding for special education students
under subclause (i)(B) and (C), the charter school must document
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the cost of providing an education to the student and provide
the documentation to the department.
(iii) For each factor provided in subclause (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 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 unit (A) by the quotient in unit
(B).
(D) If the quotient in unit (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 subclause (i)(A)
and (B) result in a payment that exceeds the maximum amount
within the designated category's dollar range and in no case
shall the adjustment 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).
(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 school district of residence and determined as
follows:
(i) For each special education student under clause (3.1)(i)
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(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, 2021.
(B) Divide the number determined in unit (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.
(C) Multiply the lesser of the quotient in unit (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2021-2022 school year.
(D) Subtract the lesser of the quotient in unit (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 units (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
a charter school with individualized education plans as of May
31, 2021.
(B) Divide the number determined in unit (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.
(C) Multiply the lesser of the quotient in unit (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2021-2022 school year.
(D) Subtract the lesser of the quotient in unit (B) or one
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(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 units (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 of May
31, 2021.
(B) Divide the number determined in unit (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.
(C) Multiply the lesser of the quotient in unit (B) or one
(1) by the amount for the same special education student
determined in clause (3) for the 2021-2022 school year.
(D) Subtract the lesser of the quotient in unit (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).
(E) Add the amounts in units (C) and (D) to determine the
amount paid by the school district.
(iv) In no case shall a payment made under subclause (iii)
exceed the amount allowed for the same student under clause
(3.1).
(v) At such time that the amount determined under subclause
(i) for a student in Category 1 is greater than the amount
determined for a student under clause (3) for the 2021-2022
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.
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(vi) The department shall develop guidelines to collect the
enrollment data required under this clause and calculate
estimated payments until such time as actual enrollments are
determined.
* * *
Section 2. This act shall take effect June 30, 2021, or
immediately, whichever is later.
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