Section 14-1405-A - Establishment and payment of tuition(a) Tuition rate.--No later than june 30 of each year, the department shall establish a per-student regular education tuition rate for each student enrolled in the recovery high school under the program, provided that the recovery high school may not set a per-student regular education tuition rate for students enrolled in the recovery high school who are not participants in the program that is lower than the per-student regular education tuition rate established for students enrolled in the recovery high school under the program. The per-student regular education tuition rate for students enrolled in the recovery high school under the program shall be determined as follows: (1) For the 2017-2018 school year, the per-student regular education tuition rate for each student enrolled in the recovery high school under the program shall be $20,000.(2) Beginning in the 2018-2019 school year, and in each school year thereafter, annual adjustments to the amount set forth in paragraph (1) shall be made as follows:(i) The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the 12-month period ending September 30, 2017, and for each successive 12-month period thereafter.(ii) If the Department of Labor and Industry determines that there is no positive percentage change, then no adjustment to the amount set forth in paragraph (1) shall occur for the relevant time period.(iii) The following apply: (A) If the Department of Labor and Industry determines that there is a positive percentage change in the first year that the determination is made under subparagraph (i), the positive percentage change shall be multiplied by the amount set forth in paragraph (1), and the product shall be added to the amount set forth in paragraph (1), and the sum shall be the preliminary adjusted per-student tuition rate.(B) The preliminary adjusted per-student tuition rate shall be rounded to the nearest $100 to determine the final adjusted per-student tuition rate.(iv) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary per-student tuition rate, and the product shall be added to the preliminary adjusted per-student tuition rate of the prior year to calculate the preliminary adjusted per-student tuition rate for the current year. The sum thereof shall be rounded to the nearest $100 to determine the new final adjusted per-student tuition rate.(v) The determinations and adjustments required under this subparagraph shall be made in the period between April 1, 2018, and April 30, 2018, and annually between April 1 and April 30 of each year thereafter.(vi) The final adjusted per-student tuition rates obtained under subparagraphs (iii) and (iv) shall become effective July 1 for the school year following the year in which the determination required under this paragraph is made.(vii) The department shall publish notice in the Pennsylvania Bulletin prior to July 1 of each year of the annual percentage change determined under subparagraph (i) and the unadjusted or final adjusted per-student tuition rate determined under subparagraphs (iii) and (iv) for the school year following the year in which the per-student tuition rate is determined. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted per-student tuition rate under this section for the ensuing calendar year.(viii) The annual increase in the preliminary adjusted per-student tuition rate determined under subparagraphs (iii) and (iv) shall not exceed 3%.(b) Payment of regular education tuition rate.-- (1) The department shall pay 60% of the per-student regular education tuition rate established under subsection (a) for each student enrolled in the recovery high school under the program.(2) The resident school district of each student enrolled in the recovery high school under the program shall pay the amount of the per-student tuition rate established under subsection (a) that remains following payment by the department under paragraph (1).(c)Special education.--For each student enrolled in the recovery high school under the program who is subject to an iep, the student's resident school district shall, in addition to the regular education tuition payment made on behalf of the student: (1) Provide the student with special education services required under the student's iep, at the resident school district's cost; Or(2) Make payment to the recovery high school for special education services provided to the student by the recovery high school.(d)Treatment of school district subsidies.--A student enrolled in a recovery high school under the program shall be included in the average daily membership of the student's district of residence for the purpose of providing basic education funding payments and special education funding under article xxv. Amended by P.L. TBD 2017 No. 55, § 8, eff. 11/6/2017.Added by P.L. 716 2016 No. 86, § 7, eff. 7/13/2016.