PRINTER'S NO. 1254
No. 1092 Session of 2005
INTRODUCED BY BROWNE, BELARDI, BOYD, CALTAGIRONE, CAUSER,
CAWLEY, CRAHALLA, CURRY, DeWEESE, DIVEN, GEIST, GODSHALL,
GRUCELA, HENNESSEY, HESS, HUTCHINSON, W. KELLER, MACKERETH,
MUNDY, PHILLIPS, RAPP, REICHLEY, ROEBUCK, ROSS, SATHER,
E. Z. TAYLOR, THOMAS, TIGUE, WANSACZ, WATSON, YOUNGBLOOD AND
PALLONE, MARCH 24, 2005
REFERRED TO COMMITTEE ON EDUCATION, MARCH 24, 2005
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 educational
6 support services providers and for payments of grants.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1505-C(a) of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended December 23, 2003 (P.L.304, No.48), is amended to read:
12 Section 1505-C. Providers.
13 (a) Application.--
14 (1) A prospective provider shall submit an application
15 to the department for approval to provide education support
16 services or tutoring under the Educational Assistance Program
17 under this article. The application shall include a
18 description of the services to be provided, a description of
1 the curriculum to be used, the cost of the services, the
2 qualification of all individuals providing those services,
3 including evidence of compliance with section 111 and with 23
4 Pa.C.S. § 6355 (relating to requirement), a description of an
5 assessment mechanism to be used to determine the academic
6 progress of students who receive tutoring services, and such
7 other information as may be required by the department.
8 (2) Approval is subject to a provider agreeing not to
9 seek payment directly from the grant recipient for education
10 support services for which reimbursement is provided under
11 this article.
12 * * *
13 Section 2. Section 1507-C(a) and (b) of the act, added May
14 17, 2001 (P.L.4, No.4), are amended to read:
15 Section 1507-C. Payment of educational support services grants.
16 (a) Certificates.--A certificate for education support
17 services under this article shall be issued by the department in
18 an amount authorizing up to $500 for each eligible student
19 identified on the certificate. The certificate shall be issued
20 to the grant recipient and shall be valid only for the fiscal
21 year in which it is issued. After receiving the certificate from
22 a grant recipient, the provider shall include the following
23 information, verified by the grant recipient, on the
24 certificate: name of eligible student served, type of
25 instruction, date and length of instruction and cost of
26 instruction provided to the eligible student. When the amount of
27 the certificate has been utilized or when the eligible student
28 is no longer receiving education support services from the
29 provider, the provider shall return the completed certificate
30 [to the grant recipient for submission] to the department for
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1 payment. The department shall make payment directly to the
2 [grant recipient for the amount due. Grant recipients must send
3 all outstanding certificates to the department for payment no
4 later than 90 days after receiving the completed certificate
5 from the] provider.
6 (b) Penalty for grant recipients.--A grant recipient who
7 knowingly defrauds the Commonwealth by [receiving reimbursement
8 for] verifying the receipt of education support services not
9 rendered to the eligible student and grant recipient identified
10 on the certificate commits a misdemeanor of the third degree and
11 shall, upon conviction, be sentenced to pay a fine of not more
12 than $1,000 per violation and shall be disqualified from
13 eligibility for an additional grant for a period of not less
14 than five years.
15 * * *
16 Section 3. This act shall take effect July 1, 2005, or
17 immediately, whichever is later.
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