An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in reimbursements by Commonwealth and between school districts, further providing for extraordinary special education program expenses.

PRINTER'S NO. 3040
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2307
Session of
2026
INTRODUCED BY KINKEAD, WAXMAN, PROBST, HILL-EVANS, INGLIS,
PASHINSKI, CEPEDA-FREYTIZ AND ABNEY, MARCH 19, 2026
REFERRED TO COMMITTEE ON EDUCATION, MARCH 23, 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," in reimbursements by Commonwealth and
between school districts, further providing for extraordinary
special education program expenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2509.8(f)(i) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended and the section is amended by adding a subsection to
read:
Section 2509.8. Extraordinary Special Education Program
Expenses.--* * *
(f) (i) For the 2016-2017 school year [and each school year
thereafter] through the 2025-2026 school year, an amount equal
to one percent (1%) of the special education appropriation shall
be distributed to school districts and charter schools for
extraordinary expenses incurred in providing a special education
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program or service to one or more students with disabilities as
approved by the Secretary of Education. Such special education
program or service shall include, but not be limited to, the
transportation of students with disabilities; services related
to occupational therapy, physical therapy, speech and language,
hearing impairments or visual impairments; or training in
orientation and mobility for children who are visually impaired
or blind.
* * *
( h) For the 2026-2027 school year and each school year
thereafter, an amount equal to two percent (2%) of the special
education appropriation shall be distributed to school districts
and charter schools for extraordinary expenses incurred in
providing a special education program or service under section
1372(8)(vi) to one or more students with disabilities as
approved by the Secretary of Education. The following shall
apply:
(1) No more than one percent (1%) of the special education
appropriation may be distributed to school districts and charter
schools as follows:
(i) Funds distributed under this clause shall be allocated
for each student for which all the following are met:
(A) Expenses for the student incurred on an annual basis
are greater than the maximum threshold of Category 3A as
provided for under section 1372(8).
(B) The expenses associated with the application represent
at least one percent (1%) of the school district's total special
education expenditures as reported in the most recent annual
financial reports submitted in accordance with section 218.
(C) The student has been enrolled in the school district for
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no more than two (2) consecutive school years.
(ii) The department shall prioritize applications with the
highest rates under subclause (i)(B).
(2) No more than one percent (1%) of the special education
appropriation may be distributed to school districts and charter
schools as follows:
(i) Money distributed under this clause shall be allocated
for each student for which all the following are met:
(A) Expenses for the student incurred on an annual basis
are greater than the maximum threshold of Category 3A as
provided in section 1372(8).
(B) The student has been enrolled in the school district or
charter school for no more than two (2) consecutive school
years.
(ii) The department shall prioritize applications with the
highest expenses under subclause (i)(A).
(3) The following shall apply to money distributed to a
school district or a charter school under this subsection:
(i) A school district or charter school may not receive an
aggregate amount under this subsection in any school year which
exceeds the greater of:
(A) the total amount of funding available multiplied by the
percentage equal to the school district or charter school's
percentage of the State's special education students enrolled in
the school district or charter school; or
(B) double the maximum threshold of Category 3A as provided
for under section 1372(8).
(ii) The department may distribute uncommitted, unexpended
funds to school districts that submitted a referendum exception
under section 333(f)(v) of the act of June 27, 2006 (1st
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Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act, for
the current or prior fiscal year.
Section 2. This act shall take effect in 60 days.
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