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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MOUL, CALTAGIRONE, D. COSTA, EVERETT, FLECK, GOODMAN, GROVE, HESS, MILLER, SONNEY AND STURLA, MAY 9, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, MAY 9, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in charter schools, further providing |
6 | for funding for charter schools and for establishment of |
7 | cyber charter schools. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1725-A(a) of the act of March 10, 1949 |
11 | (P.L.30, No.14), known as the Public School Code of 1949, |
12 | amended June 29, 2002 (P.L.524, No.88), is amended and the |
13 | section is amended by adding a subsection to read: |
14 | Section 1725-A. Funding for Charter Schools.--(a) Funding |
15 | for a charter school shall be provided in the following manner: |
16 | (1) [There] Except as provided for in subsection (a.1) there |
17 | shall be no tuition charge for a resident or nonresident student |
18 | attending a charter school. |
19 | (2) For non-special education students, the charter school |
20 | shall receive for each student enrolled no less than the |
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1 | budgeted total expenditure per average daily membership of the |
2 | prior school year, as defined in section 2501(20), minus the |
3 | budgeted expenditures of the district of residence for nonpublic |
4 | school programs; adult education programs; community/junior |
5 | college programs; student transportation services; for special |
6 | education programs; facilities acquisition, construction and |
7 | improvement services; and other financing uses, including debt |
8 | service and fund transfers as provided in the Manual of |
9 | Accounting and Related Financial Procedures for Pennsylvania |
10 | School Systems established by the department. This amount shall |
11 | be paid by the district of residence of each student. |
12 | (3) For special education students, the charter school shall |
13 | receive for each student enrolled the same funding as for each |
14 | non-special education student as provided in clause (2), plus an |
15 | additional amount determined by dividing the district of |
16 | residence's total special education expenditure by the product |
17 | of multiplying the combined percentage of section 2509.5(k) |
18 | times the district of residence's total average daily membership |
19 | for the prior school year. This amount shall be paid by the |
20 | district of residence of each student. |
21 | (4) A charter school may request the intermediate unit in |
22 | which the charter school is located to provide services to |
23 | assist the charter school to address the specific needs of |
24 | exceptional students. The intermediate unit shall assist the |
25 | charter school and bill the charter school for the services. The |
26 | intermediate unit may not charge the charter school more for any |
27 | service than it charges the constituent districts of the |
28 | intermediate unit. |
29 | (5) Payments shall be made to the charter school in twelve |
30 | (12) equal monthly payments, by the fifth day of each month, |
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1 | within the operating school year. A student enrolled in a |
2 | charter school shall be included in the average daily membership |
3 | of the student's district of residence for the purpose of |
4 | providing basic education funding payments and special education |
5 | funding pursuant to Article XXV. If a school district fails to |
6 | make a payment to a charter school as prescribed in this clause, |
7 | the secretary shall deduct the estimated amount, as documented |
8 | by the charter school, from any and all State payments made to |
9 | the district after receipt of documentation from the charter |
10 | school. |
11 | (6) Within thirty (30) days after the secretary makes the |
12 | deduction described in clause (5), a school district may notify |
13 | the secretary that the deduction made from State payments to the |
14 | district under this subsection is inaccurate. The secretary |
15 | shall provide the school district with an opportunity to be |
16 | heard concerning whether the charter school documented that its |
17 | students were enrolled in the charter school, the period of time |
18 | during which each student was enrolled, the school district of |
19 | residence of each student and whether the amounts deducted from |
20 | the school district were accurate. |
21 | (a.1) If the student's school district or intermediate unit |
22 | operates a cyber charter school and the student attends another |
23 | cyber charter school, neither the Commonwealth nor the school |
24 | district shall be required to provide funding under this |
25 | section. The student may be charged tuition by the cyber charter |
26 | school under section 2561. |
27 | * * * |
28 | Section 2. Section 1745-A(a) of the act, added June 29, 2002 |
29 | (P.L.524, No.88), is amended to read: |
30 | Section 1745-A. Establishment of cyber charter school. |
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1 | (a) Establishment.--A cyber charter school may be |
2 | established by a school entity; an individual; one or more |
3 | teachers who will teach at the proposed cyber charter school; |
4 | parents or guardians of students who will enroll in the cyber |
5 | charter school; a nonsectarian college, university or museum |
6 | located in this Commonwealth; a nonsectarian corporation not- |
7 | for-profit as defined in 15 Pa.C.S. § 5103 (relating to |
8 | definitions); a corporation, association or partnership; or any |
9 | combination of the foregoing. Section 1327.1 shall not apply to |
10 | a cyber charter school established under this subdivision. |
11 | * * * |
12 | Section 3. This act shall take effect in 60 days. |
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