PRIOR PRINTER'S NO. 750 PRINTER'S NO. 2910
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
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 2, 2000
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
1 school buildings, the charge for tuition for such children may
2 include a proportionate cost of the operating expenses, rental,
3 and interest on any investment required to be made in erecting
4 such new school buildings.
5 (2) When a child who is an inmate of an institution is a
6 child with exceptionalities, the district in which the
7 institution is located may charge the district of residence, and
8 the district of residence shall pay a special education charge
9 in addition to the applicable tuition charge. Such special
10 education charge when combined with the applicable tuition
11 charge shall not exceed the total net cost of the special
12 education program provided. In the case of a child with
13 exceptionalities who is an inmate of an institution and who is
14 served under section 2509.1(b), the district in which the
15 institution is located may charge the district of residence an
16 amount that does not exceed the total cost of the special
17 education program provided minus the amount received per child
18 from the Commonwealth under section 2509.1(b).
19 (3) (I) When a non-resident child who is placed in the home <--
20 of a resident of any school district by order of the court or by
21 arrangement with an association, agency or institution having
22 the care of neglected and dependent children is a child with
23 exceptionalities, THE DISTRICT IN WHICH THE CHILD IS PLACED MAY <--
24 CHARGE THE DISTRICT OF RESIDENCE AND the district of residence
25 shall pay a special education charge in addition to the
26 applicable tuition charge paid under section 2503. Such special <--
27 education charge when combined with the applicable tuition
28 charge shall not exceed the total net cost of the special
29 education program.
30 (II) IF THE DISTRICT OF RESIDENCE OF THE CHILD CANNOT BE <--
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1 DETERMINED, THE COSTS SHALL BE BORNE BY THE DEPARTMENT OF
2 EDUCATION. THE DEPARTMENT SHALL EFFECTUATE NECESSARY PROCEDURES
3 FOR THE TRANSFER OF FUNDS FROM THE DISTRICT OF RESIDENCE TO THE
4 DISTRICT IN WHICH THE STUDENT IS PLACED. IN EFFECTUATING SUCH
5 TRANSFER, THE DEPARTMENT MAY DEDUCT THE APPROPRIATE AMOUNT FROM
6 THE BASIC INSTRUCTIONAL SUBSIDY OF ANY DISTRICT WHICH HAD
7 RESIDENT STUDENTS WHO WERE PROVIDED EDUCATIONAL SERVICES BY
8 ANOTHER DISTRICT PURSUANT TO THIS CLAUSE.
9 (b) The tuition herein provided for shall be paid annually
10 by the Secretary of Education, the district of residence or the
11 institution as the case may be.
12 Section 2. This act shall take effect in 60 days.
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