PRINTER'S NO. 3500
No. 2564 Session of 1998
INTRODUCED BY MICOZZIE, CIVERA, FLICK, BARRAR, DeLUCA AND
COLAFELLA, APRIL 29, 1998
REFERRED TO COMMITTEE ON EDUCATION, APRIL 29, 1998
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 funding for
6 charter schools.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1725-A of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949, added
11 June 19, 1997 (P.L.225, No.22), is amended to read:
12 Section 1725-A. Funding for Charter Schools.--(a) Funding
13 for a charter school shall be provided in the following manner:
14 (1) There shall be no tuition charge for a resident or
15 nonresident student attending a charter school.
16 (2) For non-special education students, the charter school
17 shall receive for each student enrolled [no less than]:
18 (i) the budgeted total expenditure per average daily
19 membership of the prior school year, as defined in section
1 2501(20), minus the budgeted expenditures of the district of
2 residence for nonpublic school programs; adult education
3 programs; community/junior college programs; student
4 transportation services; for special education programs;
5 facilities acquisition, construction and improvement services;
6 and other financing uses, including debt service and fund
7 transfers as provided in the Manual of Accounting and Related
8 Financial Procedures for Pennsylvania School Systems established
9 by the department; or
10 (ii) upon petition by the charter school applicant, a lesser
11 amount approved by the local board of school directors.
12 This amount shall be paid by the district of residence of each
13 student.
14 (3) For special education students, the charter school shall
15 receive for each student enrolled the same funding as for each
16 non-special education student as provided in clause (2), plus an
17 additional amount determined by dividing the district of
18 residence's total special education expenditure by the product
19 of multiplying the combined percentage of section 2509.5(k)
20 times the district of residence's total average daily membership
21 for the prior school year. This amount shall be paid by the
22 district of residence of each student.
23 (4) A charter school may request the intermediate unit in
24 which the charter school is located to provide services to
25 assist the charter school to address the specific needs of
26 exceptional students. The intermediate unit shall assist the
27 charter school and bill the charter school for the services. The
28 intermediate unit may not charge the charter school more for any
29 service than it charges the constituent districts of the
30 intermediate unit.
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1 (5) Payments shall be made to the charter school in twelve
2 (12) equal monthly payments, by the fifth day of each month,
3 within the operating school year. A student enrolled in a
4 charter school shall be included in the average daily membership
5 of the student's district of residence for the purpose of
6 providing basic education funding payments and special education
7 funding pursuant to Article XXV. If a school district fails to
8 make a payment to a charter school as prescribed in this clause,
9 the secretary shall deduct the amount, as documented by the
10 charter school, from any and all State payments made to the
11 district after receipt of documentation from the charter school.
12 (b) The Commonwealth shall provide temporary financial
13 assistance to a school district due to the enrollment of
14 students in a charter school who attended a nonpublic school in
15 the prior school year in order to offset the additional costs
16 directly related to the enrollment of those students in a public
17 charter school. The Commonwealth shall pay the school district
18 of residence of a student enrolled in a nonpublic school in the
19 prior school year who is attending a charter school an amount
20 equal to the school district of residence's basic education
21 subsidy for the current school year divided by the district's
22 average daily membership for the prior school year. This payment
23 shall occur only for the first year of the attendance of the
24 student in a charter school, starting with school year 1997-
25 1998. Total payments of temporary financial assistance to school
26 districts on behalf of a student enrolling in a charter school
27 who attended a nonpublic school in the prior school year shall
28 be limited to funds appropriated for this program in a fiscal
29 year. If the total of the amount needed for all students
30 enrolled in a nonpublic school in the prior school year who
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1 enroll in a charter school exceeds the appropriation for the
2 temporary financial assistance program, the amount paid to a
3 school district for each qualifying student shall be pro rata
4 reduced. Receipt of funds under this subsection shall not
5 preclude a school district from applying for a grant under
6 subsection (c).
7 (c) The Commonwealth shall create a grant program to provide
8 temporary transitional funding to a school district due to the
9 budgetary impact relating to any student attending a charter
10 school. A school district that approves one or more charter
11 schools may apply for a grant under this subsection. The
12 department shall develop criteria which shall include, but not
13 be limited to, the overall fiscal impact on the budget of the
14 school district resulting from students of a school district
15 attending a charter school. The criteria shall be published in
16 the Pennsylvania Bulletin. Payments under this subsection shall
17 be made for the first year of operation of the charter school.
18 The authority to make grants under this subsection shall expire
19 on June 30, 1999. This subsection shall not apply to a public
20 school converted to a charter school under section 1717-A(b).
21 (d) It shall be lawful for any charter school to receive,
22 hold, manage and use, absolutely or in trust, any devise,
23 bequest, grant, endowment, gift or donation of any property,
24 real or personal and/or mixed, which shall be made to the
25 charter school for any of the purposes of this article.
26 (e) It shall be unlawful for any trustee of a charter school
27 or any board of trustees of a charter school or any other person
28 affiliated in any way with a charter school to demand or
29 request, directly or indirectly, any gift, donation or
30 contribution of any kind from any parent, teacher, employe or
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1 any other person affiliated with the charter school as a
2 condition for employment or enrollment and/or continued
3 attendance of any pupil. Any donation, gift or contribution
4 received by a charter school shall be given freely and
5 voluntarily.
6 Section 2. This act shall take effect in 60 days.
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