SB 354 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in charter schools, further providing for funding for charter schools, for provisions applicable to charter schools and for applicability of other provisions of this act and of other acts and regulations.

PRINTER'S NO.    292

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 354
                                                Session of
                                                  2025

     INTRODUCED BY BROWN, PENNYCUICK, HUTCHINSON, KEARNEY AND CULVER,
        FEBRUARY 26, 2025

     REFERRED TO EDUCATION, FEBRUARY 26, 2025


                                    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 2024-2025
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 2025-2026 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.

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 1         * * *
 2         Section 2.   Section 1732-A(a) of the act is amended to read:
 3         Section 1732-A.   Provisions Applicable to Charter Schools.--
 4   (a)    Charter schools shall be subject to the following:
 5         Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
 6   510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755,
 7   771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301, 1310,
 8   1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,
 9   1332, 1333, 1333.1, 1333.2, 1333.3, 1372, 1303-A, 1513, 1517,
10   1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article
11   XIV.
12         Act of July 17, 1961 (P.L.776, No.341), known as the
13   "Pennsylvania Fair Educational Opportunities Act."
14         Act of July 19, 1965 (P.L.215, No.116), entitled "An act
15   providing for the use of eye protective devices by persons
16   engaged in hazardous activities or exposed to known dangers in
17   schools, colleges and universities."
18         Section 4 of the act of January 25, 1966 (1965 P.L.1546,
19   No.541), entitled "An act providing scholarships and providing
20   funds to secure Federal funds for qualified students of the
21   Commonwealth of Pennsylvania who need financial assistance to
22   attend postsecondary institutions of higher learning, making an
23   appropriation, and providing for the administration of this
24   act."
25         Act of July 12, 1972 (P.L.765, No.181), entitled "An act
26   relating to drugs and alcohol and their abuse, providing for
27   projects and programs and grants to educational agencies, other
28   public or private agencies, institutions or organizations."
29         [Act of December 15, 1986 (P.L.1595, No.175), known as the
30   "Antihazing Law."]

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 1      18 Pa.C.S. Ch. 28 (relating to antihazing) and 42 Pa.C.S. §
 2   5803(a)(3.1) (relating to asset forfeiture).
 3      * * *
 4      Section 3.     Section 1749-A(a)(1)(xlix) of the act, amended
 5   July 11, 2024 (P.L.618, No.55) and reenacted and amended October
 6   31, 2024 (P.L.1129, No.135), is amended to read:
 7   Section 1749-A.        Applicability of other provisions of this act
 8                     and of other acts and regulations.
 9      (a)   General requirements.--Cyber charter schools shall be
10   subject to the following:
11            (1)   The following:
12                  * * *
13                  (xlix)    Section [1372(8)] 1372.
14                  * * *
15      Section 4.     This act shall take effect in 60 days.




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