Pennsylvania HB 2167: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, making editorial changes to delete references to "approved private school" for the purpose of adding references to "approved special education school."

Bill Text

PRINTER'S NO. 2809
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2167
Session of
2026
INTRODUCED BY N. NELSON, SANCHEZ, M. MACKENZIE, RIVERA, HILL-
EVANS, DALEY, SCHWEYER, CEPEDA-FREYTIZ AND WAXMAN,
JANUARY 28, 2026
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 28, 2026
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," making editorial changes to delete
references to "approved private school" for the purpose of
adding references to "approved special education school."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1376(a), (a.1), (a.2), (b), (c.2),
(c.3), (c.4), (c.5), (c.6), (c.7), (c.9) and (e), 1377(c) and
(d), 1377.1, 1377.2 and 1383(d) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, are
amended to read:
Section 1376. Cost of Tuition and Maintenance of Certain
Exceptional Children in Approved Institutions.--(a) When any
child between school entry age and twenty-one (21) years of age
and resident in this Commonwealth, who is blind or deaf, or has
cerebral palsy and/or neurological impairment and/or muscular
dystrophy and/or is intellectually disabled and/or has a serious
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emotional disability and/or has autism/pervasive developmental
disorder and is enrolled, with the approval of the Department of
Education, as a pupil in an approved [private] special education
school approved by the Department of Education, in accordance
with standards and regulations promulgated by the State Board of
Education, the school district in which such child is resident
or, for students placed by a charter school, the charter school
in which the student was enrolled shall pay the greater of
either twenty per centum (20%) of the actual audited cost of
tuition and maintenance of such child in such school, as
determined by the Department of Education, or its "tuition
charge per elementary pupil" or its "tuition charge per high
school pupil," as calculated pursuant to section 2561, and the
Commonwealth shall pay, out of funds appropriated to the
department for special education, the balance due for the costs
of such child's tuition and maintenance, as determined by the
department. For the school years 1989-1990, 1990-1991 and 1991-
1992, the school district payment shall be no greater than forty
percent (40%) of the actual audited costs of tuition and
maintenance of such child in such school. For the 1992-1993
school year through the 2003-2004 school year, the school
district or charter school payment shall be the greater of forty
percent (40%) of the actual audited costs of tuition and
maintenance of such child in such school, as determined by the
Department of Education, or its "tuition charge per elementary
pupil" or its "tuition charge per high school pupil," as
calculated pursuant to section 2561, and the Commonwealth shall
pay, out of funds appropriated to the department for approved
[private] special education schools, the balance due for the
costs of such child's tuition and maintenance, as determined by
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the department. For the 2004-2005 school year and each school
year thereafter, the school district or charter school payment
shall be the greater of forty percent (40%) of the approved
tuition rate as established pursuant to subsection (c.3) or
(c.5) or the school district or charter school's "tuition
charges per elementary pupil" or "tuition charges per secondary
pupil" as calculated under section 2561, and the Commonwealth
shall pay out of funds appropriated to the department for
approved [private] special education schools the balance of the
approved tuition rate due for the cost of such child's tuition
and maintenance. The department will credit the district of
residence with average daily membership for such child
consistent with the rules of procedure developed in accordance
with section 2501. If the residence of such child in a
particular school district cannot be determined, the
Commonwealth shall pay the whole cost of tuition and maintenance
of such child as established under subsection (c.3) or (c.5).
(a.1) For the 2004-2005 school year, the following shall
apply:
(1) The Department of Education shall determine the payment
amount for each approved [private] special education school for
all students enrolled in an approved [private] special education
school for the 2003-2004 school year based on the average of:
(i) The preliminary budget submitted to the Department of
Education by the approved [private] special education school for
the 2004-2005 school year.
(ii) The midyear budget submitted to the Department of
Education by the approved [private