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                                                       PRINTER'S NO. 750

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 712 Session of 1999


        INTRODUCED BY MASLAND, VANCE, YOUNGBLOOD, ARMSTRONG, THOMAS,
           NAILOR, EGOLF, BELARDI, PESCI, CLARK, BAKER, BARRAR, CLYMER,
           L. I. COHEN, M. COHEN, HARHAI, HENNESSEY, HERSHEY, LAUGHLIN,
           MAHER, MARSICO, McCALL, MICHLOVIC, MICOZZIE, RUBLEY, SAINATO,
           SAYLOR, SEMMEL, SEYFERT, B. SMITH, E. Z. TAYLOR, TRELLO,
           VAN HORNE AND WALKO, MARCH 2, 1999

        REFERRED TO COMMITTEE ON EDUCATION, MARCH 2, 1999

                                     AN ACT

     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," further providing for cost of tuition
     6     and for manner of fixing tuition.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1309 of the act of March 10, 1949
    10  (P.L.30, No.14), known as the Public School Code of 1949,
    11  amended June 30, 1995 (P.L.220, No.26), is amended to read:
    12     Section 1309.  Cost of Tuition; How Fixed.--(a)  The cost of
    13  tuition in such cases shall be fixed as is now provided by law
    14  for tuition costs in other cases, except in the following
    15  circumstances:
    16     (1)  Where, for the accommodation of such children, it shall
    17  be necessary to provide a separate school or to erect additional
    18  school buildings, the charge for tuition for such children may

     1  include a proportionate cost of the operating expenses, rental,
     2  and interest on any investment required to be made in erecting
     3  such new school buildings.
     4     (2)  When a child who is an inmate of an institution is a
     5  child with exceptionalities, the district in which the
     6  institution is located may charge the district of residence, and
     7  the district of residence shall pay a special education charge
     8  in addition to the applicable tuition charge. Such special
     9  education charge when combined with the applicable tuition
    10  charge shall not exceed the total net cost of the special
    11  education program provided. In the case of a child with
    12  exceptionalities who is an inmate of an institution and who is
    13  served under section 2509.1(b), the district in which the
    14  institution is located may charge the district of residence an
    15  amount that does not exceed the total cost of the special
    16  education program provided minus the amount received per child
    17  from the Commonwealth under section 2509.1(b).
    18     (3)  When a non-resident child who is placed in the home of a
    19  resident of any school district by order of the court or by
    20  arrangement with an association, agency or institution having
    21  the care of neglected and dependent children is a child with
    22  exceptionalities, the district of residence shall pay a special
    23  education charge in addition to the applicable tuition charge
    24  paid under section 2503. Such special education charge when
    25  combined with the applicable tuition charge shall not exceed the
    26  total net cost of the special education program.
    27     (b)  The tuition herein provided for shall be paid annually
    28  by the Secretary of Education, the district of residence or the
    29  institution as the case may be.
    30     Section 2.  This act shall take effect in 60 days.
    B22L24JS/19990H0712B0750         - 2 -