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                                                       PRINTER'S NO. 999

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 876 Session of 2005


        INTRODUCED BY SCHRODER, BARRAR, BELARDI, BENNINGHOFF, BOYD,
           CALTAGIRONE, CAPPELLI, CRAHALLA, CREIGHTON, GINGRICH, HARPER,
           HENNESSEY, HERSHEY, HUTCHINSON, MACKERETH, O'NEILL, PICKETT,
           RAPP, REICHLEY, ROSS, SCAVELLO, SHANER, E. Z. TAYLOR, TIGUE,
           WATSON, YOUNGBLOOD AND DENLINGER, MARCH 14, 2005

        REFERRED TO COMMITTEE ON EDUCATION, MARCH 14, 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," authorizing the department to
     6     directly reimburse educational support services providers;
     7     and repealing penalties for grant recipients.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 1507-C of the act of March 10, 1949
    11  (P.L.30, No.14), known as the Public School Code of 1949,
    12  amended or added May 17, 2001 (P.L.4, No.4) and December 23,
    13  2003 (P.L.304, No.48), is amended to read:
    14  Section 1507-C.  Payment of educational support services grants.
    15     (a)  Certificates.--A certificate for education support
    16  services under this article shall be issued by the department in
    17  an amount authorizing up to $500 for each eligible student
    18  identified on the certificate. The certificate shall be issued
    19  to the grant recipient and shall be valid only for the fiscal

     1  year in which it is issued. After receiving the certificate
     2  [from a], the grant recipient[,] shall sign it and give it to
     3  the provider, who shall include the following information on the
     4  certificate: name of eligible student [served], type of
     5  instruction, date and length of instruction and cost of
     6  instruction provided to the eligible student. When the amount of
     7  the certificate has been utilized or when the eligible student
     8  is no longer receiving education support services from the
     9  provider, the provider shall return the completed certificate to
    10  the [grant recipient for submission to the] department for
    11  payment. The department shall make payment directly to the
    12  [grant recipient] provider for the amount due. [Grant
    13  recipients] Providers must send all outstanding certificates to
    14  the department for payment no later than 90 days after
    15  [receiving the completed] completing the certificate [from the
    16  provider].
    17     [(b)  Penalty for grant recipients.--A grant recipient who
    18  knowingly defrauds the Commonwealth by receiving reimbursement
    19  for education support services not rendered to the eligible
    20  student and grant recipient identified on the certificate
    21  commits a misdemeanor of the third degree and shall, upon
    22  conviction, be sentenced to pay a fine of not more than $1,000
    23  per violation and shall be disqualified from eligibility for an
    24  additional grant for a period of not less than five years.]
    25     (c)  Penalty for providers.--A provider that knowingly
    26  violates section 1509-C or knowingly defrauds the Commonwealth
    27  by receiving reimbursement for education support services not
    28  rendered to the eligible student and grant recipient identified
    29  on the certificate commits a misdemeanor of the third degree and
    30  shall, upon conviction, be sentenced to pay a fine of not more
    20050H0876B0999                  - 2 -     

     1  than $1,000 per violation and shall be barred from participation
     2  in the program for not less than five years.
     3     Section 2.  This act shall take effect in 60 days.


















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