Bill Text: PA HB2320 | 2009-2010 | Regular Session | Amended

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Bill Title: Providing for transfer of records to another school entity or nonpublic school; and further providing for cyber charter school requirements and prohibitions, for cyber charter school enrollment and notification and for applicability.

Spectrum: Moderate Partisan Bill (Democrat 15-3)

Status: (Introduced - Dead) 2010-04-19 - Re-committed to APPROPRIATIONS [HB2320 Detail]

Download: Pennsylvania-2009-HB2320-Amended.html

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PRIOR PRINTER'S NO. 3345 PRINTER'S NO. 3459
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2320 Session of2010
INTRODUCED BY PALLONE, BELFANTI, BRIGGS, CALTAGIRONE, EVERETT, FLECK, GOODMAN, GRUCELA, HALUSKA, HARHAI, KORTZ, KULA, LONGIETTI, MOUL, SOLOBAY, THOMAS, WHITE AND McILVAINE SMITH, MARCH 12, 2010
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 24, 2010
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," providing for transfer of records to <--
another school entity or nonpublic school; and further
providing for cyber charter school requirements and
prohibitions, for cyber charter school enrollment and
notification and for applicability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1743-A of the act of March 10, 1949 <--
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding a subsection to read:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1313.1. Transfer of Records to Another School Entity
or Nonpublic School.--(a) Whenever a student transfers to
another school entity or nonpublic school within this
Commonwealth, a certified copy of the student’s attendance
record shall be transmitted to the school entity or nonpublic
school to which the student has transferred. The school entity
or nonpublic school to which the student has transferred should
request the record. The sending school entity or nonpublic
school shall have ten (10) days from the receipt of the request
to supply a certified copy of the student's attendance record.
(b) In the case of a student transferring during the course
of a school term, the student's unexcused absences shall be
included in the student's attendance record at the school entity
or nonpublic school to which the student has transferred for
that school term.
(c) For purposes of this section, the term "school entity"
shall mean a public school district, charter school, cyber
charter school, intermediate unit or area vocational-technical
school.
Section 2. Section 1743-A of the act is amended by adding a
subsection to read:
Section 1743-A. Cyber charter school requirements and
prohibitions.
* * *
(a.1) Truancy.--In order to enroll a student, the school
district in which the student is a resident must certify to the
cyber charter school that whether the student is in compliance <--
with section 1327.
* * *
Section 2 3. Section 1748-A(a) of the act, added June 29, <--
2002 (P.L.524, No.88), is amended and the section is amended by
adding a subsection to read:
Section 1748-A. Enrollment and notification.
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(a) Notice to school district.--
(1) Within 15 days of the enrollment of a student to a
cyber charter school, the parent or guardian and the cyber
charter school shall notify the student's school district of
residence of the enrollment through the use of the
notification form under subsection (b).
(2) If a school district which has received notice under
paragraph (1) determines that a student is not a resident of
the school district, the following apply:
(i) Within seven days of receipt of the notice under
paragraph (1), the school district shall notify the cyber
charter school and the department that the student is not
a resident of the school district. Notification of
nonresidence shall include the basis for the
determination.
(ii) Within seven days of notification under
subparagraph (i), the cyber charter school shall review
the notification of nonresidence, respond to the school
district and provide a copy of the response to the
department. If the cyber charter school agrees that a
student is not a resident of the school district, it
shall determine the proper district of residence of the
student before requesting funds from another school
district.
(iii) Within seven days of receipt of the response
under subparagraph (ii), the school district shall notify
the cyber charter school that it agrees with the cyber
charter school's determination or does not agree with the
cyber charter school's determination.
(iv) A school district that has notified the cyber
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charter school that it does not agree with the cyber
charter school's determination under subparagraph (iii)
shall appeal to the department for a final determination.
(v) All decisions of the department regarding the
school district of residence of a student shall be
subject to review by the Commonwealth Court.
(vi) A school district shall continue to make
payments to a cyber charter school under section 1725-A
during the time in which the school district of residence
of a student is in dispute.
(vii) If a final determination is made that a
student is not a resident of an appealing school
district, the cyber charter school shall return all funds
provided on behalf of that student to the school district
within 30 days.
(3) When a school district has received notice under
paragraph (1), the school district shall certify to the cyber
charter school whether the student is in compliance with
section 1327.
* * *
(d) Truancy.--
(1) When a school district receives a notification form,
as required by subsection (a)(1), that a resident student who
is truant from the school district schools has enrolled in a
cyber charter school, the school district shall notify the
cyber charter school in writing about the student's truancy.
(2) Upon receipt of notice from the resident school
district of a student's truancy at the school district
schools, the cyber charter school must provide to the
student's resident school district evidence during the first
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three months that the student is enrolled in the cyber
charter school that the student is receiving educational
instruction and completing assignments as required by the
cyber charter school. This evidence shall be provided by the
cyber charter school monthly, when it bills the school
district for payment during the first three months of the
student's enrollment.
(3) If the cyber charter school fails to comply with the
requirements of this subsection, the student's resident
school district shall not be required to pay the cyber
charter school for that student during that time.
(4) If any student enrolled in the cyber charter school
accrues three or more days of unlawful absences, the cyber
charter school has the authority to, and shall be responsible
for, instituting truancy proceedings as set forth in section
1333.
(5) Truancy proceedings shall be held in the
jurisdiction wherein the truant student resides.
Section 3 4. Section 1749-A(a)(1) of the act, added June 29, <--
2002 (P.L.524, No.88), is amended to read:
Section 1749-A. Applicability of other provisions of this act
and of other acts and regulations.
(a) General requirements.--Cyber charter schools shall be
subject to the following:
(1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
436, 443, 510, 518, 527, 708, 752, 753, [755,] 771, 776, 777,
808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,
1302, 1310, 1317.2, 1318, 1330, 1332, 1333, 1354, 1303-A, <--
1518, 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A,
1716-A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A,
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1725-A, 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and
2014-A and Articles [XII-A,] XIII-A and XIV.
* * *
Section 4 5. This act shall take effect in 60 days. <--
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