Bill Text: PA HB2081 | 2011-2012 | Regular Session | Introduced

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Bill Title: In charter schools, further providing for funding for charter schools.

Spectrum: Strong Partisan Bill (Republican 16-1)

Status: (Introduced - Dead) 2011-12-14 - Referred to EDUCATION [HB2081 Detail]

Download: Pennsylvania-2011-HB2081-Introduced.html

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PRINTER'S NO. 2899
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2081 Session of2011
INTRODUCED BY TRUITT, KILLION, AUMENT, BARRAR, CREIGHTON, GROVE, HENNESSEY, KNOWLES, LAWRENCE, PAYTON, RAPP, SACCONE, SCHRODER, SWANGER, VULAKOVICH AND WATSON, DECEMBER 14, 2011
REFERRED TO COMMITTEE ON EDUCATION, DECEMBER 14, 2011
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) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended June 29, 2002 (P.L.524, No.88), is amended to read:
Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school 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) (i) For non-special education students, the charter
school shall receive for each student enrolled 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]
secretary.
(ii) The amount under subclause (i) shall be paid by the
secretary by deduction and transfer from all State payments to
the district of residence of each student as provided under
clause (5).
(iii) If a charter or cyber charter school disputes the
accuracy of a district's calculation under this clause, the
charter school or cyber charter school shall file a notice of
the dispute with the secretary, who shall hold a hearing to
determine the accuracy of the district's calculation within
thirty (30) days of the notice. The secretary shall determine
the accuracy of the district's calculation within thirty (30)
days of the hearing. The district shall bear the burden of
production and proof with respect to its calculation under this
clause.
(iv) The district shall be liable for the reasonable legal
fees incurred by a charter school or cyber charter school if the
charter school or cyber charter school is the substantially
prevailing party after a hearing under this clause. The charter
school or cyber charter school shall be liable for the
reasonable legal fees incurred by the district if the district
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is the substantially prevailing party after a hearing under this
clause.
(v) All decisions of the secretary under this clause shall
be subject to appellate review by the Commonwealth Court.
(3) (i) 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
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] secretary.
(ii) If a charter school, regional charter school or cyber
charter school disputes the accuracy of a district's calculation
under this clause, the charter school, regional charter school
or cyber charter school shall file a notice of the dispute with
the secretary, who shall hold a hearing to determine the
accuracy of the district's calculation within thirty (30) days
of the notice. The secretary shall determine the accuracy of the
district's calculation within thirty (30) days of the hearing.
The district shall bear the burden of production and proof with
respect to its calculation under this clause.
(iii) The district shall be liable for the reasonable legal
fees incurred by a charter school, regional charter school or
cyber charter school if the charter school, regional charter
school or cyber charter school is the substantially prevailing
party after a hearing under this clause. The charter school,
regional charter school or cyber charter school shall be liable
for the reasonable legal fees incurred by the school district if
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the district is the substantially prevailing party after a
hearing under this clause.
(iv) All decisions of the secretary under this clause shall
be subject to appellate review by the Commonwealth Court.
(4) A charter school may request the intermediate unit in
which the charter school is located to provide services to
assist the charter school to address the specific needs of
exceptional students. The intermediate unit shall assist the
charter school and bill the charter school for the services. The
intermediate unit may not charge the charter school more for any
service than it charges the constituent districts of the
intermediate unit.
(5) (i) Payments shall be made to the charter school 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 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 as
prescribed in this clause, the secretary shall deduct the
estimated amount, as documented by the charter school, from any
and all State payments made to the district after receipt of
documentation from the charter school.] and shall be made by the
secretary by deducting and paying to the charter school or cyber
charter school the estimated amount, as documented by the
charter or cyber charter school, from all State payments made to
the district or, if no payments have been made to the district,
from all State payments reasonably expected to be made, after
receipt of documentation from the school as to its enrollment.
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(ii) If there are insufficient State payments being made to
a district to cover all charter and cyber charter school
deductions and transfers, the district shall pay the unpaid
balance directly to the charter or cyber charter school by the
15th day of each month.
(iii) A student enrolled in a charter or cyber charter
school 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
under Article XXV.
(6) (i) Within thirty (30) days after the secretary [makes
the deduction] transfers the funds 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
documented that its students were enrolled in the charter
school, 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.
(ii) The burden of proof and production at the hearing shall
be on the school district. A hearing shall not be held before
the secretary deducts and transfers to the charter or cyber
charter school the amount estimated by the charter or cyber
charter school.
(iii) The district shall be liable for the reasonable legal
fees incurred by a charter or cyber charter school if the
charter or cyber charter school is the substantially prevailing
party after a hearing under this clause. The charter or cyber
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charter school shall be liable for the reasonable legal fees
incurred by the district if the district is the substantially
prevailing party after a hearing under this clause.
(iv) All decisions of the secretary under this clause shall
be subject to appellate review by the Commonwealth Court.
Supersedeas shall not be granted to the secretary or any party
to the proceeding on an appeal from the decision of the
secretary under this clause.
(v) Absent a court order, the secretary shall not hold any
payments in escrow.
(7) The secretary shall make no advance payments to a
district which may limit the ability of the secretary to make
scheduled payments to charter schools.
* * *
Section 2. The Secretary of Education's duty to make
payments under this act includes all amounts accrued but not
paid as of the effective date of this section.
Section 3. This act shall take effect in 60 days.
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