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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON EDUCATION, MARCH 12, 2010 |
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| AN ACT |
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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," further providing for cyber charter |
6 | school requirements and prohibitions, for cyber charter |
7 | school enrollment and notification and for applicability. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 1743-A of the act of March 10, 1949 |
11 | (P.L.30, No.14), known as the Public School Code of 1949, is |
12 | amended by adding a subsection to read: |
13 | Section 1743-A. Cyber charter school requirements and |
14 | prohibitions. |
15 | * * * |
16 | (a.1) Truancy.--In order to enroll a student, the school |
17 | district in which the student is a resident must certify to the |
18 | cyber charter school that the student is in compliance with |
19 | section 1327. |
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1 | * * * |
2 | Section 2. Section 1748-A(a) of the act, added June 29, 2002 |
3 | (P.L.524, No.88), is amended and the section is amended by |
4 | adding a subsection to read: |
5 | Section 1748-A. Enrollment and notification. |
6 | (a) Notice to school district.-- |
7 | (1) Within 15 days of the enrollment of a student to a |
8 | cyber charter school, the parent or guardian and the cyber |
9 | charter school shall notify the student's school district of |
10 | residence of the enrollment through the use of the |
11 | notification form under subsection (b). |
12 | (2) If a school district which has received notice under |
13 | paragraph (1) determines that a student is not a resident of |
14 | the school district, the following apply: |
15 | (i) Within seven days of receipt of the notice under |
16 | paragraph (1), the school district shall notify the cyber |
17 | charter school and the department that the student is not |
18 | a resident of the school district. Notification of |
19 | nonresidence shall include the basis for the |
20 | determination. |
21 | (ii) Within seven days of notification under |
22 | subparagraph (i), the cyber charter school shall review |
23 | the notification of nonresidence, respond to the school |
24 | district and provide a copy of the response to the |
25 | department. If the cyber charter school agrees that a |
26 | student is not a resident of the school district, it |
27 | shall determine the proper district of residence of the |
28 | student before requesting funds from another school |
29 | district. |
30 | (iii) Within seven days of receipt of the response |
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1 | under subparagraph (ii), the school district shall notify |
2 | the cyber charter school that it agrees with the cyber |
3 | charter school's determination or does not agree with the |
4 | cyber charter school's determination. |
5 | (iv) A school district that has notified the cyber |
6 | charter school that it does not agree with the cyber |
7 | charter school's determination under subparagraph (iii) |
8 | shall appeal to the department for a final determination. |
9 | (v) All decisions of the department regarding the |
10 | school district of residence of a student shall be |
11 | subject to review by the Commonwealth Court. |
12 | (vi) A school district shall continue to make |
13 | payments to a cyber charter school under section 1725-A |
14 | during the time in which the school district of residence |
15 | of a student is in dispute. |
16 | (vii) If a final determination is made that a |
17 | student is not a resident of an appealing school |
18 | district, the cyber charter school shall return all funds |
19 | provided on behalf of that student to the school district |
20 | within 30 days. |
21 | (3) When a school district has received notice under |
22 | paragraph (1), the school district shall certify to the cyber |
23 | charter school whether the student is in compliance with |
24 | section 1327. |
25 | * * * |
26 | (d) Truancy.-- |
27 | (1) When a school district receives a notification form, |
28 | as required by subsection (a)(1), that a resident student who |
29 | is truant from the school district schools has enrolled in a |
30 | cyber charter school, the school district shall notify the |
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1 | cyber charter school in writing about the student's truancy. |
2 | (2) Upon receipt of notice from the resident school |
3 | district of a student's truancy at the school district |
4 | schools, the cyber charter school must provide to the |
5 | student's resident school district evidence during the first |
6 | three months that the student is enrolled in the cyber |
7 | charter school that the student is receiving educational |
8 | instruction and completing assignments as required by the |
9 | cyber charter school. This evidence shall be provided by the |
10 | cyber charter school monthly, when it bills the school |
11 | district for payment during the first three months of the |
12 | student's enrollment. |
13 | (3) If the cyber charter school fails to comply with the |
14 | requirements of this subsection, the student's resident |
15 | school district shall not be required to pay the cyber |
16 | charter school for that student during that time. |
17 | (4) If any student enrolled in the cyber charter school |
18 | accrues three or more days of unlawful absences, the cyber |
19 | charter school has the authority to, and shall be responsible |
20 | for, instituting truancy proceedings as set forth in section |
21 | 1333. |
22 | (5) Truancy proceedings shall be held in the |
23 | jurisdiction wherein the truant student resides. |
24 | Section 3. Section 1749-A(a)(1) of the act, added June 29, |
25 | 2002 (P.L.524, No.88), is amended to read: |
26 | Section 1749-A. Applicability of other provisions of this act |
27 | and of other acts and regulations. |
28 | (a) General requirements.--Cyber charter schools shall be |
29 | subject to the following: |
30 | (1) Sections 108, 110, 111, 321, 325, 326, 327, 431, |
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1 | 436, 443, 510, 518, 527, 708, 752, 753, [755,] 771, 776, 777, |
2 | 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301, |
3 | 1302, 1310, 1317.2, 1318, 1330, 1332, 1333, 1303-A, 1518, |
4 | 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716- |
5 | A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A, |
6 | 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and 2014-A and |
7 | Articles [XII-A,] XIII-A and XIV. |
8 | * * * |
9 | Section 4. This act shall take effect in 60 days. |
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