PRINTER'S NO. 1750
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1266
Session of
2024
INTRODUCED BY BROWN, PENNYCUICK, HUTCHINSON AND CULVER,
JUNE 21, 2024
REFERRED TO EDUCATION, JUNE 21, 2024
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," in charter schools, further providing
6 for funding for charter schools, for provisions applicable to
7 charter schools and for applicability of other provisions of
8 this act and of other acts and regulations.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 1725-A(a)(3) of the act of March 10, 1949
12 (P.L.30, No.14), known as the Public School Code of 1949, is
13 amended and the subsection is amended by adding a clause to
14 read:
15 Section 1725-A. Funding for Charter Schools.--(a) Funding
16 for a charter school shall be provided in the following manner:
17 * * *
18 (3) For the 1997-1998 school year through the 2023-2024
19 school year, for special education students, the charter school
20 shall receive for each student enrolled the same funding as for
21 each non-special education student as provided in clause (2),
 1 plus an additional amount determined by dividing the district of
2 residence's total special education expenditure by the product
3 of multiplying the combined percentage of section 2509.5(k)
4 times the district of residence's total average daily membership
5 for the prior school year. This amount shall be paid by the
6 district of residence of each student.
7 (3.1) (i) For the 2023-2024 school year and each school
8 year thereafter, for special education students, the charter
9 school shall receive for each student enrolled an amount which
10 shall be paid by the district of residence of each student to be
11 determined as follows:
12 (A) For each special education student enrolled in the
13 charter school for which the annual expenditure is in Category 1
14 as reported to the department under section 1372(8) multiply the
15 same funding as for each non-special education student as
16 provided in clause (2) by one and fifty-one hundredths (1.51).
17 (B) For each special education student enrolled in the
18 charter school for which the annual expenditure is in Category 2
19 as reported to the department under section 1372(8) multiply the
20 same funding as for each non-special education student as
21 provided in clause (2) by three and seventy-seven hundredths
22 (3.77).
23 (C) For each special education student enrolled in the
24 charter school for which the annual expenditure is in Category 3
25 as reported to the department under section 1372(8) multiply the
26 same funding as for each non-special education student as
27 provided in clause (2) by seven and forty-six hundredths (7.46).
28 For purposes of this paragraph, Category 3 shall be the sum of
29 students reported in Categories 3A and 3B under section 1372(8).
30 (ii) Pursuant to guidelines developed by the department, to
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 1 be eligible to receive funding for special education students
2 under subclause (i), the charter school must document the cost
3 of providing an education to the student and provide the
4 documentation to the department and the school district of
5 residence.
6 (iii) Each weight provided in subclause (i)(A), (B) and (C)
7 shall be updated whenever the weights in section 2509.5(bbb)(2)
8 (i) are adjusted for school districts.
9 (iv) In no case shall the calculation made in subclause (i)
10 (A) and (B) result in a payment that exceeds the maximum amount
11 within the category's dollar range and in no case shall the
12 calculation in subclause (i)(C) result in a payment that exceeds
13 the actual cost of providing an education to the student as
14 determined under subclause (ii). Should the actual cost of
15 providing an education to a student in Category 3 be less than
16 the amount the charter school received for the student, the
17 charter school shall return to the district of residence any
18 overage it received for that student by no later than February 1
19 of each year.
20 (v) Upon submission of the report required under section
21 1372(8), the charter school shall calculate the difference
22 between the amount received for special education from school
23 districts and the amount expended to provide special education
24 programs and services. In the event the charter school's
25 expenses for special education are less than the total amount it
26 received from school districts for special education, the
27 overpayment shall be returned to the school districts on a pro
28 rata basis by no later than February 1, 2025, and February 1 of
29 each year thereafter pursuant to guidelines developed by the
30 department.
20240SB1266PN1750 - 3 -
 1 * * *
2 Section 2. Sections 1732-A(a) and 1749-A(a)(1) of the act
3 are amended to read:
4 Section 1732-A. Provisions Applicable to Charter Schools.--
5 (a) Charter schools shall be subject to the following:
6 Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
7 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755,
8 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301, 1310,
9 1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,
10 1332, 1333, 1333.1, 1333.2, 1333.3, 1372, 1303-A, 1513, 1517,
11 1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article
12 XIV.
13 Act of July 17, 1961 (P.L.776, No.341), known as the
14 "Pennsylvania Fair Educational Opportunities Act."
15 Act of July 19, 1965 (P.L.215, No.116), entitled "An act
16 providing for the use of eye protective devices by persons
17 engaged in hazardous activities or exposed to known dangers in
18 schools, colleges and universities."
19 Section 4 of the act of January 25, 1966 (1965 P.L.1546,
20 No.541), entitled "An act providing scholarships and providing
21 funds to secure Federal funds for qualified students of the
22 Commonwealth of Pennsylvania who need financial assistance to
23 attend postsecondary institutions of higher learning, making an
24 appropriation, and providing for the administration of this
25 act."
26 Act of July 12, 1972 (P.L.765, No.181), entitled "An act
27 relating to drugs and alcohol and their abuse, providing for
28 projects and programs and grants to educational agencies, other
29 public or private agencies, institutions or organizations."
30 Act of December 15, 1986 (P.L.1595, No.175), known as the
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 1 "Antihazing Law."
2 * * *
3 Section 1749-A. Applicability of other provisions of this act
4 and of other acts and regulations.
5 (a) General requirements.--Cyber charter schools shall be
6 subject to the following:
7 (1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
8 436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,
9 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,
10 1302, 1310, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,
11 1332, 1333, 1333.1, 1333.2, 1333.3, 1372, 1303-A, 1518, 1521,
12 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A,
13 1716.1-A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A,
14 1725-A, 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and
15 2014-A and Articles XII-A, XIII-A and XIV.
16 * * *
17 Section 3. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 1750: P.L.30, No.14