THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROEBUCK, CLYMER, HARKINS, LONGIETTI, McILVAINE SMITH, M. O'BRIEN, RAPP, WAGNER, YOUNGBLOOD, BELFANTI, BISHOP, BROWN, CALTAGIRONE, P. COSTA, DONATUCCI, HOUGHTON, JOHNSON, JOSEPHS, MAHER, MICOZZIE AND SIPTROTH, JUNE 12, 2009

REFERRED TO COMMITTEE ON EDUCATION, JUNE 12, 2009  

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," further providing for cost of tuition

and maintenance of certain exceptional children in approved

institutions and in the four chartered schools for the

education of the deaf and blind.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1376(a.2) and 1376.1(b.2) of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School Code

of 1949, amended July 4, 2004 (P.L.536, No.70) are amended to

read: 

Section 1376.  Cost of Tuition and Maintenance of Certain

Exceptional Children in Approved Institutions.--* * *

(a.2)  For the 2005-2006 school year and each school year

thereafter, the Department of Education shall determine the

payment amount for each approved private school for all students

enrolled in an approved private school for the prior school year

as follows:

(1)  (i)  Multiply the payment determined for the immediate

preceding school year by one hundred and twenty-five percent

(125%) of the percentage increase in the appropriation for

special education for the fiscal year prior to the fiscal year

in which payments under this subsection are made.

(ii)  Add the product from subparagraph (i) to the payment

determined for the immediate preceding school year.

(iii)  In any fiscal year in which there is no increase in

the State appropriation for special education, the increase for

the approved private schools in the following fiscal year(s)

shall be calculated by applying he multiplier in subsection

(a.2)(1)(i) to the average of the percentage increase in the

appropriation for special education and the appropriation for

basic education for the last fiscal year in which there was an

increase in the special education and basic education State

appropriations.

(2)  No later than May 10, 2005, and no later than May 10 of

each year thereafter, the Department of Education shall notify

each school district of residence or charter school of a child

enrolled in an approved private school of its payment amount

under subsection (a).

(3)  The Department of Education shall pay each approved

private school the total amount calculated pursuant to this

subsection divided into twelve (12) monthly payments. The

Department of Education shall withhold the school district or

charter school payment amount calculated under subsection (a)

from the amount of any and all State payments made to the school

district or charter school. In no event shall the sum of the

Commonwealth's share of payments to approved private schools

under this subsection exceed the appropriation for approved

private schools.

* * *

Section 1376.1.  Actual Cost of Tuition and Maintenance of

Certain Exceptional Children in the Four Chartered Schools for

Education of the Deaf and the Blind.--* * *

(b.2)  Payments are as follows:

(1)  For the 2005-2006 school year and each school year

thereafter, the department shall determine the payment amount

for each chartered school for all students enrolled in a

chartered school for the prior school year as follows:

(i)  Multiply the payment determined for the immediate

preceding school year by one hundred and twenty-five percent

(125%) of the percentage increase in the appropriation for

special education for the fiscal year prior to the fiscal year

in which payments under this subsection are made.

(ii)  Add the product under subparagraph (i) to the payment

determined for the immediately preceding school year.

(iii)  In any fiscal year in which there is no increase in

the State appropriation for special education, the increase for

the chartered schools for the deaf and blind in the following

fiscal year(s) shall be calculated by applying the multiplier in

subsection (b.2)(1)(i) to the average of the percentage increase

in the appropriation for special education and the appropriation

for basic education for the last fiscal year in which there was

an increase in the special education and basic education funding

State appropriations.

(2)  No later than May 10, 2005, and no later than May 10 of

each school year thereafter, the department shall notify each

school district of residence or charter school of a child

enrolled in a chartered school of its payment amount under

subsection (b).

(3)  The department shall pay each chartered school the total

amount calculated pursuant to this subsection divided into

twelve (12) monthly payments. The department shall withhold the

school district or charter school payment amount calculated

under subsection (b) from the amount of any and all State

payments made to the school district or charter school. In no

event shall the sum of the Commonwealth's share of payments to

chartered schools under this subsection exceed the appropriation

for chartered schools.

* * *

Section 2.  This act shall take effect July 1, 2009.