Bill Text: PA HB2352 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Further providing for definitions and for concurrent enrollment agreements; repealing provisions relating to charter schools; providing for charter school entities; and establishing the State Charter School Entity Assessment Fund.

Spectrum: Strong Partisan Bill (Republican 16-1)

Status: (Introduced - Dead) 2012-05-08 - Referred to EDUCATION [HB2352 Detail]

Download: Pennsylvania-2011-HB2352-Introduced.html

---

PRINTER'S NO. 3488
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2352 Session of2012
INTRODUCED BY KILLION, CHRISTIANA, AUMENT, BOYD, EVERETT, GINGRICH, KAUFFMAN, MILLER, PAYTON, QUIGLEY, TOEPEL AND HARRIS, MAY 8, 2012
REFERRED TO COMMITTEE ON EDUCATION, MAY 8, 2012
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," further providing for definitions and
for concurrent enrollment agreements; repealing provisions
relating to charter schools; providing for charter school
entities; and establishing the State Charter School Entity
Assessment Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "concurrent student" and
"school entity" in section 1602-B of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, added
July 13, 2005 (P.L.226, No.46), are amended and the section is
amended by adding a definition to read:
Section 1602-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Charter school entity." As defined in section 1703-C.
* * *
"Concurrent student." A student who is enrolled in a school
district, a charter school entity, an area vocational-technical
school, a nonpublic school, a private school or a home education
program under section 1327.1 and who takes a concurrent course
through a concurrent enrollment program.
* * *
"School entity." A school district, a charter school entity
or an area vocational-technical school.
* * *
Section 2. Section 1613-B of the act is amended by adding a
subsection to read:
Section 1613-B. Concurrent enrollment agreements.
* * *
(c) Charter school entities.--Charter school entities shall
have the power and authority to enter into a concurrent
enrollment agreement with an institution of higher education,
and appropriate credit shall be awarded to students concurrently
enrolled under the agreement.
Section 3. Article XVII-A heading, Subdivision heading (a)
and sections 1701-A and 1702-A of the act, added June 19, 1997
(P.L.225, No.22), are repealed:
[ARTICLE XVII-A.
CHARTER SCHOOLS.
(a) Preliminary Provisions.
Section 1701-A. Short Title.--This article shall be known
and may be cited as the "Charter School Law."
Section 1702-A. Legislative Intent.--It is the intent of the
General Assembly, in enacting this article, to provide pupils
20120HB2352PN3488 - 2 -
and community members to establish and maintain schools that
operate independently from the existing school district
structure as a method to accomplish all of the following:
(1) Improve pupil learning.
(2) Increase learning opportunities for all pupils.
(3) Encourage the use of different and innovative teaching
methods.
(4) Create new professional opportunities for teachers,
including the opportunity to be responsible for the learning
program at the school site.
(5) Provide parents and pupils with expanded choices in the
types of educational opportunities that are available within the
public school system.
(6) Hold the schools established under this act accountable
for meeting measurable academic standards and provide the school
with a method to establish accountability systems.]
Section 4. Section 1703-A of the act, amended June 29, 2002
(P.L.524, No.88), is repealed:
[Section 1703-A. Definitions.--As used in this article,
"Appeal board" shall mean the State Charter School Appeal
Board established by this article.
"At-risk student" shall mean a student at risk of educational
failure because of limited English proficiency, poverty,
community factors, truancy, academic difficulties or economic
disadvantage.
"Charter school" shall mean an independent public school
established and operated under a charter from the local board of
school directors and in which students are enrolled or attend. A
charter school must be organized as a public, nonprofit
corporation. Charters may not be granted to any for-profit
20120HB2352PN3488 - 3 -
entity.
"Chief executive officer" shall mean an individual appointed
by the board of trustees to oversee and manage the operation of
the charter school, but who shall not be deemed a professional
staff member under this article.
"Cyber charter school" shall mean an independent public
school established and operated under a charter from the
Department of Education and in which the school uses technology
in order to provide a significant portion of its curriculum and
to deliver a significant portion of instruction to its students
through the Internet or other electronic means. A cyber charter
school must be organized as a public, nonprofit corporation. A
charter may not be granted to a for-profit entity.
"Department" shall mean the Department of Education of the
Commonwealth.
"Local board of school directors" shall mean the board of
directors of a school district in which a proposed or an
approved charter school is located.
"Regional charter school" shall mean an independent public
school established and operated under a charter from more than
one local board of school directors and in which students are
enrolled or attend. A regional charter school must be organized
as a public, nonprofit corporation. Charters may not be granted
to any for-profit entity.
"School district of residence" shall mean the school district
in this Commonwealth in which the parents or guardians of a
child reside.
"School entity" shall mean a school district, intermediate
unit, joint school or area vocational-technical school.
"Secretary" shall mean the Secretary of Education of the
20120HB2352PN3488 - 4 -
Commonwealth.
"State board" shall mean the State Board of Education of the
Commonwealth.]
Section 5. Subdivision heading (b) of Article XVII-A of the
act, added June 19, 1997 (P.L.225, No.22), is repealed:
[(b) Charter Schools.]
Section 5.1. Section 1714-A of the act, amended July 4, 2004
(P.L.536, No.70), is repealed:
[Section 1714-A. Powers of Charter Schools.--(a) A charter
school established under this act is a body corporate and shall
have all powers necessary or desirable for carrying out its
charter, including, but not limited to, the power to:
(1) Adopt a name and corporate seal; however, any name
selected shall include the words "charter school."
(2) Sue and be sued, but only to the same extent and upon
the same condition that political subdivisions and local
agencies can be sued.
(3) Acquire real property from public or private sources by
purchase, lease, lease with an option to purchase or gift for
use as a charter school facility.
(4) Receive and disburse funds for charter school purposes
only.
(5) Make contracts and leases for the procurement of
services, equipment and supplies.
(6) Incur temporary debts in anticipation of the receipt of
funds.
(6.1) Incur debt for the construction of school facilities.
(7) Solicit and accept any gifts or grants for charter
school purposes.
(b) A charter school shall have such other powers as are
20120HB2352PN3488 - 5 -
necessary to fulfill its charter and which are not inconsistent
with this article.
(c) Any indebtedness incurred by a charter school in the
exercise of the powers specified in this section shall not
impose any liability or legal obligation upon a school entity or
upon the Commonwealth.]
Section 5.2. Section 1715-A of the act, amended or added
June 19, 1997 (P.L.225, No.22) and July 9, 2008 (P.L.846,
No.61), is repealed:
[Section 1715-A. Charter School Requirements.--Charter
schools shall be required to comply with the following
provisions:
(1) Except as otherwise provided in this article, a charter
school is exempt from statutory requirements established in this
act, from regulations of the State board and the standards of
the secretary not specifically applicable to charter schools.
Charter schools are not exempt from statutes applicable to
public schools other than this act.
(2) A charter school shall be accountable to the parents,
the public and the Commonwealth, with the delineation of that
accountability reflected in the charter. Strategies for
meaningful parent and community involvement shall be developed
and implemented by each school.
(3) A charter school shall not unlawfully discriminate in
admissions, hiring or operation.
(4) A charter school shall be nonsectarian in all
operations.
(5) A charter school shall not provide any religious
instruction, nor shall it display religious objects and symbols
on the premises of the charter school.
20120HB2352PN3488 - 6 -
(6) A charter school shall not advocate unlawful behavior.
(7) A charter school shall only be subject to the laws and
regulations as provided for in section 1732-A, or as otherwise
provided for in this article.
(8) A charter school shall participate in the Pennsylvania
State Assessment System as provided for in 22 Pa. Code Ch. 5
(relating to curriculum), or subsequent regulations promulgated
to replace 22 Pa. Code Ch. 5, in the manner in which the school
district in which the charter school is located is scheduled to
participate.
(9) A charter school shall provide a minimum of one hundred
eighty (180) days of instruction or nine hundred (900) hours per
year of instruction at the elementary level, or nine hundred
ninety (990) hours per year of instruction at the secondary
level. Nothing in this clause shall preclude the use of computer
and satellite linkages for delivering instruction to students.
(10) Boards of trustees and contractors of charter schools
shall be subject to the following statutory requirements
governing construction projects and construction-related work:
(i) The following provisions of this act:
(A) Sections 751 and 751.1.
(B) Sections 756 and 757 insofar as they are consistent with
the act of December 20, 1967 (P.L.869, No.385), known as the
"Public Works Contractors' Bond Law of 1967."
(ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104),
entitled "An act regulating the letting of certain contracts for
the erection, construction, and alteration of public buildings."
(iii) The act of August 11, 1961 (P.L.987, No.442), known as
the "Pennsylvania Prevailing Wage Act."
(iv) The "Public Works Contractors' Bond Law of 1967."
20120HB2352PN3488 - 7 -
(v) The act of March 3, 1978 (P.L.6, No.3), known as the
"Steel Products Procurement Act."
(11) Trustees of a charter school shall be public officials.
(12) A person who serves as an administrator for a charter
school shall not receive compensation from another charter
school or from a company that provides management or other
services to another charter school. The term "administrator"
shall include the chief executive officer of a charter school
and all other employes of a charter school who by virtue of
their positions exercise management or operational oversight
responsibilities. A person who serves as an administrator for a
charter school shall be a public official under 65 Pa.C.S. Ch.
11 (relating to ethics standards and financial disclosure). A
violation of this clause shall constitute a violation of 65
Pa.C.S. § 1103(a) (relating to restricted activities), and the
violator shall be subject to the penalties imposed under the
jurisdiction of the State Ethics Commission.]
Section 5.3. Sections 1716-A, 1717-A, 1718-A and 1719-A of
the act, added June 19, 1997 (P.L.225, No.22), are repealed:
[Section 1716-A. Powers of Board of Trustees.--(a) The
board of trustees of a charter school shall have the authority
to decide matters related to the operation of the school,
including, but not limited to, budgeting, curriculum and
operating procedures, subject to the school's charter. The board
shall have the authority to employ, discharge and contract with
necessary professional and nonprofessional employes subject to
the school's charter and the provisions of this article.
(b) No member of a local board of school directors of a
school entity shall serve on the board of trustees of a charter
school that is located in the member's district.
20120HB2352PN3488 - 8 -
(c) The board of trustees shall comply with the act of July
3, 1986 (P.L.388, No.84), known as the "Sunshine Act."
Section 1717-A. Establishment of Charter School.--(a) A
charter school may be established by an individual; one or more
teachers who will teach at the proposed charter school; parents
or guardians of students who will attend the charter school; any
nonsectarian college, university or museum located in this
Commonwealth; any nonsectarian corporation not-for-profit, as
defined in 15 Pa.C.S. (relating to corporations and
unincorporated associations); any corporation, association or
partnership; or any combination thereof. A charter school may be
established by creating a new school or by converting an
existing public school or a portion of an existing public
school. No charter school shall be established or funded by and
no charter shall be granted to any sectarian school, institution
or other entity. No funds allocated or disbursed under this
article shall be used to directly support instruction pursuant
to section 1327.1.
(b) (1) The conversion of an existing public school or
portion of an existing public school to a charter school may be
initiated by any individual or entity authorized to establish a
charter school under subsection (a).
(2) In order to convert an existing public school to a
charter school, the applicants must show that:
(i) More than fifty per centum of the teaching staff in the
public school have signed a petition in support of the public
school becoming a charter school; and
(ii) More than fifty per centum of the parents or guardians
of pupils attending that public school have signed a petition in
support of the school becoming a charter school.
20120HB2352PN3488 - 9 -
(3) In no event shall the board of school directors serve as
the board of trustees of an existing school which is converted
to a charter school pursuant to this subsection.
(c) An application to establish a charter school shall be
submitted to the local board of school directors of the district
where the charter school will be located by November 15 of the
school year preceding the school year in which the charter
school will be established except that for a charter school
beginning in the 1997-1998 school year, an application must be
received by July 15, 1997. In the 1997-1998 school year only,
applications shall be limited to recipients of fiscal year
1996-1997 Department of Education charter school planning
grants.
(d) Within forty-five (45) days of receipt of an
application, the local board of school directors in which the
proposed charter school is to be located shall hold at least one
public hearing on the provisions of the charter application,
under the act of July 3, 1986 (P.L.388, No.84), known as the
"Sunshine Act." At least forty-five (45) days must transpire
between the first public hearing and the final decision of the
board on the charter application except that for a charter
school beginning in the 1997-1998 school year, only thirty (30)
days must transpire between the first public hearing and the
final decision of the board.
(e) (1) Not later than seventy-five (75) days after the
first public hearing on the application, the local board of
school directors shall grant or deny the application. For a
charter school beginning in the 1997-1998 school year, the local
board of school directors shall grant or deny the application no
later than sixty (60) days after the first public hearing.
20120HB2352PN3488 - 10 -
(2) A charter school application submitted under this
article shall be evaluated by the local board of school
directors based on criteria, including, but not limited to, the
following:
(i) The demonstrated, sustainable support for the charter
school plan by teachers, parents, other community members and
students, including comments received at the public hearing held
under subsection (d).
(ii) The capability of the charter school applicant, in
terms of support and planning, to provide comprehensive learning
experiences to students pursuant to the adopted charter.
(iii) The extent to which the application considers the
information requested in section 1719-A and conforms to the
legislative intent outlined in section 1702-A.
(iv) The extent to which the charter school may serve as a
model for other public schools.
(3) The local board of school directors, in the case of an
existing school being converted to a charter school, shall
establish the alternative arrangements for current students who
choose not to attend the charter school.
(4) A charter application shall be deemed approved by the
local board of school directors of a school district upon
affirmative vote by a majority of all the directors. Formal
action approving or denying the application shall be taken by
the local board of school directors at a public meeting, with
notice or consideration of the application given by the board,
under the "Sunshine Act."
(5) Written notice of the board's action shall be sent to
the applicant, the department and the appeal board. If the
application is denied, the reasons for the denial, including a
20120HB2352PN3488 - 11 -
description of deficiencies in the application, shall be clearly
stated in the notice sent by the local board of school directors
to the charter school applicant.
(f) At the option of the charter school applicant, a denied
application may be revised and resubmitted to the local board of
school directors. Following the appointment and confirmation of
the Charter School Appeal Board under section 1721-A, the
decision of the local board of school directors may be appealed
to the appeal board. When an application is revised and
resubmitted to the local board of school directors, the board
may schedule additional public hearings on the revised
application. The board shall consider the revised and
resubmitted application at the first board meeting occurring at
least forty-five (45) days after receipt of the revised
application by the board. For a revised application resubmitted
for the 1997-1998 school year, the board shall consider the
application at the first board meeting occurring at least thirty
(30) days after its receipt. The board shall provide notice of
consideration of the revised application under the "Sunshine
Act." No appeal from a decision of a local school board may be
taken until July 1, 1999.
(g) Notwithstanding the provisions of subsection (e)(5),
failure by the local board of directors to hold a public hearing
and to grant or deny the application for a charter school within
the time periods specified in subsections (d), (e) and (f) shall
permit the applicant for a charter to file its application as an
appeal to the appeal board. In such case, the appeal board shall
review the application and make a decision to grant or deny a
charter based on the criteria established in subsection (e)(2).
(h) In the case of a review by the appeal board of an
20120HB2352PN3488 - 12 -
application that is revoked or is not renewed, the appeal board
shall make its decision based on the criteria established in
subsection (e)(2). A decision by the appeal board under this
subsection or subsection (g) to grant, to renew or not to revoke
a charter shall serve as a requirement for the local board of
directors of a school district or school districts, as
appropriate, to sign the written charter of the charter school
as provided for in section 1720-A. Should the local board of
directors fail to grant the application and sign the charter
within ten (10) days of notice of reversal of the decision of
the local board of directors, the charter shall be deemed to be
approved and shall be signed by the chairman of the appeal
board.
(i) (1) The appeal board shall have the exclusive review of
an appeal by a charter school applicant, or by the board of
trustees of an existing charter school, of a decision made by a
local board of directors not to grant a charter as provided in
this section.
(2) In order for a charter school applicant to be eligible
to appeal the denial of a charter by the local board of
directors, the applicant must obtain the signatures of at least
two per centum of the residents of the school district or of one
thousand (1,000) residents, whichever is less, who are over
eighteen (18) years of age. For a regional charter school, the
applicant must obtain the signatures of at least two per centum
of the residents of each school district granting the charter or
of one thousand (1,000) residents from each of the school
districts granting the charter, whichever is less, who are over
eighteen (18) years of age. The signatures shall be obtained
within sixty (60) days of the denial of the application by the
20120HB2352PN3488 - 13 -
local board of directors in accordance with clause (3).
(3) Each person signing a petition to appeal denial of a
charter under clause (2) shall declare that he or she is a
resident of the school district which denied the charter
application and shall include his or her printed name;
signature; address, including city, borough or township, with
street and number, if any; and the date of signing. All pages
shall be bound together. Additional pages of the petition shall
be numbered consecutively. There shall be appended to the
petition a statement that the local board of directors rejected
the petition for a charter school, the names of all applicants
for the charter, the date of denial by the board and the
proposed location of the charter school. No resident may sign
more than one petition relating to the charter school
application within the sixty (60) days following denial of the
application. The department shall develop a form to be used to
petition for an appeal.
(4) Each petition shall have appended thereto the affidavit
of some person, not necessarily a signer, setting forth all of
the following:
(i) That the affiant is a resident of the school district
referred to in the petition.
(ii) The affiant's residence, giving city, borough or
township, with street and number, if any.
(iii) That the signers signed with full knowledge of the
purpose of the petition.
(iv) That the signers' respective residences are correctly
stated in the petition.
(v) That the signers all reside in the school district.
(vi) That each signer signed on the date set forth opposite
20120HB2352PN3488 - 14 -
the signer's name.
(vii) That to the best of the affiant's knowledge and
belief, the signers are residents of the school district.
(5) If the required number of signatures are obtained within
sixty (60) days of the denial of the application, the applicant
may present the petition to the court of common pleas of the
county in which the charter school would be situated. The court
shall hold a hearing only on the sufficiency of the petition.
The applicant and local board of school directors shall be given
seven (7) days' notice of the hearing. The court shall issue a
decree establishing the sufficiency or insufficiency of the
petition. If the petition is sufficient, the decree shall be
transmitted to the State Charter School Appeal Board for review
in accordance with this section. Notification of the decree
shall be given to the applicant and the local board of
directors.
(6) In any appeal, the decision made by the local board of
directors shall be reviewed by the appeal board on the record as
certified by the local board of directors. The appeal board
shall give due consideration to the findings of the local board
of directors and specifically articulate its reasons for
agreeing or disagreeing with those findings in its written
decision. The appeal board shall have the discretion to allow
the local board of directors and the charter school applicant to
supplement the record if the supplemental information was
previously unavailable.
(7) Not later than thirty (30) days after the date of notice
of the acceptance of the appeal, the appeal board shall meet to
officially review the certified record.
(8) Not later than sixty (60) days following the review
20120HB2352PN3488 - 15 -
conducted pursuant to clause (6), the appeal board shall issue a
written decision affirming or denying the appeal. If the appeal
board has affirmed the decision of the local board of directors,
notice shall be provided to both parties.
(9) A decision of the appeal board to reverse the decision
of the local board of directors shall serve as a requirement for
the local board of directors of a school district or school
districts, as appropriate, to grant the application and sign the
written charter of the charter school as provided for in section
1720-A. Should the local board of directors fail to grant the
application and sign the charter within ten (10) days of notice
of the reversal of the decision of the local board of directors,
the charter shall be deemed to be approved and shall be signed
by the chairman of the appeal board.
(10) All decisions of the appeal board shall be subject to
appellate review by the Commonwealth Court.
Section 1718-A. Regional Charter School.--(a) A regional
charter school may be established by an individual, one or more
teachers who will teach at the proposed charter school; parents
or guardians of students who will attend the charter school; any
nonsectarian college, university or museum located in this
Commonwealth; any nonsectarian corporation not-for-profit, as
defined in 15 Pa.C.S. (relating to corporations and
unincorporated associations); any corporation, association or
partnership; or any combination thereof. A regional charter
school may be established by creating a new school or by
converting an existing public school or a portion of an existing
public school. Conversion of an existing public school to a
regional charter school shall be accomplished in accordance with
section 1714-A(b). No regional charter school shall be
20120HB2352PN3488 - 16 -
established or funded by and no charter shall be granted to any
sectarian school, institution or other entity.
(b) The boards of school directors of one or more school
districts may act jointly to receive and consider an application
for a regional charter school, except that any action to approve
an application for a charter or to sign a written charter of an
applicant shall require an affirmative vote of a majority of all
the directors of each of the school districts involved. The
applicant shall apply for a charter to the board of directors of
any school district in which the charter school will be located.
(c) The provisions of this article as they pertain to
charter schools and the powers and duties of the local board of
school directors of a school district and the appeal board shall
apply to regional charter schools, except as provided in
subsections (a) and (b) or as otherwise clearly stated in this
article.
Section 1719-A. Contents of Application.--An application to
establish a charter school shall include all of the following
information:
(1) The identification of the charter applicant.
(2) The name of the proposed charter school.
(3) The grade or age levels served by the school.
(4) The proposed governance structure of the charter school,
including a description and method for the appointment or
election of members of the board of trustees.
(5) The mission and education goals of the charter school,
the curriculum to be offered and the methods of assessing
whether students are meeting educational goals.
(6) The admission policy and criteria for evaluating the
admission of students which shall comply with the requirements
20120HB2352PN3488 - 17 -
of section 1723-A.
(7) Procedures which will be used regarding the suspension
or expulsion of pupils. Said procedures shall comply with
section 1318.
(8) Information on the manner in which community groups will
be involved in the charter school planning process.
(9) The financial plan for the charter school and the
provisions which will be made for auditing the school under
section 437.
(10) Procedures which shall be established to review
complaints of parents regarding the operation of the charter
school.
(11) A description of and address of the physical facility
in which the charter school will be located and the ownership
thereof and any lease arrangements.
(12) Information on the proposed school calendar for the
charter school, including the length of the school day and
school year consistent with the provisions of section 1502.
(13) The proposed faculty and a professional development
plan for the faculty of a charter school.
(14) Whether any agreements have been entered into or plans
developed with the local school district regarding participation
of the charter school students in extracurricular activities
within the school district. Notwithstanding any provision to the
contrary, no school district of residence shall prohibit a
student of a charter school from participating in any
extracurricular activity of that school district of residence:
Provided, That the student is able to fulfill all of the
requirements of participation in such activity and the charter
school does not provide the same extracurricular activity.
20120HB2352PN3488 - 18 -
(15) A report of criminal history record, pursuant to
section 111, for all individuals who shall have direct contact
with students.
(16) An official clearance statement regarding child injury
or abuse from the Department of Public Welfare as required by 23
Pa.C.S. Ch. 63 Subch. C.2 (relating to background checks for
employment in schools) for all individuals who shall have direct
contact with students.
(17) How the charter school will provide adequate liability
and other appropriate insurance for the charter school, its
employes and the board of trustees of the charter school.]
Section 5.4. Section 1720-A of the act, amended July 9, 2008
(P.L.846, No.61), is repealed:
[Section 1720-A. Term and Form of Charter.--(a) Upon
approval of a charter application under section 1717-A, a
written charter shall be developed which shall contain the
provisions of the charter application and which shall be signed
by the local board of school directors of a school district, by
the local boards of school directors of a school district in the
case of a regional charter school or by the chairman of the
appeal board pursuant to section 1717-A(i)(5) and the board of
trustees of the charter school. This written charter, when duly
signed by the local board of school directors of a school
district, or by the local boards of school directors of a school
district in the case of a regional charter school, and the
charter school's board of trustees, shall act as legal
authorization for the establishment of a charter school. This
written charter shall be legally binding on both the local board
of school directors of a school district and the charter
school's board of trustees. Except as otherwise provided in
20120HB2352PN3488 - 19 -
subsection (b), the charter shall be for a period of no less
than three (3) nor more than five (5) years and may be renewed
for five (5) year periods upon reauthorization by the local
board of school directors of a school district or the appeal
board. A charter will be granted only for a school organized as
a public, nonprofit corporation.
(b) (1) Notwithstanding subsection (a), a governing board
of a school district of the first class may renew a charter for
a period of one (1) year if the board of school directors
determines that there is insufficient data concerning the
charter school's academic performance to adequately assess that
performance and determines that an additional year of
performance data would yield sufficient data to assist the
governing board in its decision whether to renew the charter for
a period of five (5) years.
(2) A one-year renewal pursuant to paragraph (1) shall not
be considered an adjudication and may not be appealed to the
State Charter School Appeal Board.
(3) A governing board of a school district of the first
class does not have the authority to renew a charter for
successive one (1) year periods.]
Section 5.5. Section 1721-A of the act, added June 19, 1997
(P.L.225, No.22), is repealed:
[Section 1721-A. State Charter School Appeal Board.--(a)
The State Charter School Appeal Board shall consist of the
Secretary of Education and six (6) members who shall be
appointed by the Governor by and with the consent of a majority
of all the members of the Senate. Appointments by the Governor
shall not occur prior to January 1, 1999. The Governor shall
select the chairman of the appeal board to serve at the pleasure
20120HB2352PN3488 - 20 -
of the Governor. The members shall include:
(1) A parent of a school-aged child.
(2) A school board member.
(3) A certified teacher actively employed in a public
school.
(4) A faculty member or administrative employe of an
institution of higher education.
(5) A member of the business community.
(6) A member of the State Board of Education.
The term of office of members of the appeal board, other than
the secretary, shall be for a period of four (4) years or until
a successor is appointed and qualified, except that, of the
initial appointees, the Governor shall designate two (2) members
to serve terms of two (2) years, two (2) members to serve terms
of three (3) years and two (2) members to serve terms of four
(4) years. Any appointment to fill any vacancy shall be for the
period of the unexpired term or until a successor is appointed
and qualified.
(b) The appeal board shall meet as needed to fulfill the
purposes provided in this subsection. A majority of the members
of the appeal board shall constitute a quorum, and a majority of
the members of the appeal board shall have authority to act upon
any matter properly before the appeal board. The appeal board is
authorized to establish rules for its operation.
(c) The members shall receive no payment for their services.
Members who are not employes of State government shall be
reimbursed for expenses incurred in the course of their official
duties from funds appropriated for the general government
operations of the department.
(d) The department shall provide assistance and staffing for
20120HB2352PN3488 - 21 -
the appeal board. The Governor, through the Governor's General
Counsel, shall provide such legal advice and assistance as the
appeal board may require.
(e) Meetings of the appeal board shall be conducted under
the act of July 3, 1986 (P.L.388, No.84), known as the "Sunshine
Act." Documents of the appeal board shall be subject to the act
of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-
Know Law.]
Section 5.6. Section 1722-A of the act, amended November 17,
2010 (P.L.996, No.104), is repealed:
[Section 1722-A. Facilities.--(a) A charter school may be
located in an existing public school building, in a part of an
existing public school building, in space provided on a
privately owned site, in a public building or in any other
suitable location.
(b) The charter school facility shall be exempt from public
school facility regulations except those pertaining to the
health or safety of the pupils.
(d) Notwithstanding any other provision of this act, a
school district of the first class may, in its discretion,
permit a charter school to operate its school at more than one
location.
(e) (1) Notwithstanding the provisions of section 204 of
the act of May 22, 1933 (P.L.853, No.155), known as The General
County Assessment Law, all school property, real and personal,
owned by any charter school, cyber charter school or an
associated nonprofit foundation, or owned by a nonprofit
corporation or nonprofit foundation and leased to a charter
school, cyber charter school or associated nonprofit foundation
at or below fair market value, that is occupied and used by any
20120HB2352PN3488 - 22 -
charter school or cyber charter school for public school,
recreation or any other purposes provided for by this act, shall
be made exempt from every kind of State, county, city, borough,
township or other real estate tax, including payments in lieu of
taxes established through agreement with the Commonwealth or any
local taxing authority, as well as from all costs or expenses
for paving, curbing, sidewalks, sewers or other municipal
improvements, Provided, That any charter school or cyber charter
school or owner of property leased to a charter school or cyber
charter school may make a municipal improvement in a street on
which its school property abuts or may contribute a sum toward
the cost of the improvement.
(2) Any agreement entered into by a charter school, cyber
charter school or associated nonprofit foundation with the
Commonwealth or a local taxing authority for payments in lieu of
taxes prior to December 31, 2009, shall be null and void.
(3) This subsection shall apply retroactively to all charter
schools, cyber charter schools and associated nonprofit
foundations that filed an appeal from an assessment, as provided
in Article V of The General County Assessment Law, prior to the
effective date of this subsection.
(4) For purposes of this subsection, "local taxing
authority" shall include, but not be limited to, a county, city,
borough, incorporated town, township or school district.]
Section 5.7. Section 1723-A of the act, amended or added
June 26, 1999 (P.L.394, No.36) and July 9, 2008 (P.L.846,
No.61), is repealed:
[Section 1723-A. Enrollment.--(a) All resident children in
this Commonwealth qualify for admission to a charter school
within the provisions of subsection (b). If more students apply
20120HB2352PN3488 - 23 -
to the charter school than the number of attendance slots
available in the school, then students must be selected on a
random basis from a pool of qualified applicants meeting the
established eligibility criteria and submitting an application
by the deadline established by the charter school, except that
the charter school may give preference in enrollment to a child
of a parent who has actively participated in the development of
the charter school and to siblings of students presently
enrolled in the charter school. First preference shall be given
to students who reside in the district or districts.
(b) (1) A charter school shall not discriminate in its
admission policies or practices on the basis of intellectual
ability, except as provided in paragraph (2), or athletic
ability, measures of achievement or aptitude, status as a person
with a disability, proficiency in the English language or any
other basis that would be illegal if used by a school district.
(2) A charter school may limit admission to a particular
grade level, a targeted population group composed of at-risk
students, or areas of concentration of the school such as
mathematics, science or the arts. A charter school may establish
reasonable criteria to evaluate prospective students which shall
be outlined in the school's charter.
(c) If available classroom space permits, a charter school
may enroll nonresident students on a space-available basis, and
the student's district of residence shall permit the student to
attend the charter school. The terms and conditions of the
enrollment shall be outlined in the school's charter.
(d) (1) Enrollment of students in a charter school or cyber
charter school shall not be subject to a cap or otherwise
limited by any past or future action of a board of school
20120HB2352PN3488 - 24 -
directors, a board of control established under Article XVII-B,
a special board of control established under section 692 or any
other governing authority, unless agreed to by the charter
school or cyber charter school as part of a written charter
pursuant to section 1720-A.
(2) The provisions of this subsection shall apply to a
charter school or cyber charter school regardless of whether the
charter was approved prior to or is approved subsequent to the
effective date of this subsection.]
Section 5.8. Section 1724-A of the act, amended or added
June 29, 1997 (P.L.225, No.22) and June 30, 2011 (P.L.112,
No.24), is repealed:
[Section 1724-A. School Staff.--(a) The board of trustees
shall determine the level of compensation and all terms and
conditions of employment of the staff except as may otherwise be
provided in this article. At least seventy-five per centum of
the professional staff members of a charter school shall hold
appropriate State certification. Employes of a charter school
may organize under the act of July 23, 1970 (P.L.563, No.195),
known as the "Public Employe Relations Act." The board of
trustees of a charter school shall be considered an employer for
the purposes of Article XI-A. Upon formation of one or more
collective bargaining units at the school, the board of trustees
shall bargain with the employes based on the provisions of this
article, Article XI-A and the "Public Employe Relations Act."
Collective bargaining units at a charter school shall be
separate from any collective bargaining unit of the school
district in which the charter school is located and shall be
separate from any other collective bargaining unit. A charter
school shall be considered a school entity as provided for in
20120HB2352PN3488 - 25 -
section 1161-A for the purpose of the secretary seeking an
injunction requiring the charter school to meet the minimum
requirements for instruction as provided for in this article.
(b) Each charter application shall list the general
qualifications needed to staff any noncertified positions.
Professional employes who do not hold appropriate Pennsylvania
certification must present evidence that they:
(i) Meet the qualifications in sections 1109 and 1209.
(ii) Have demonstrated satisfactorily a combination of
experience, achievement and qualifications as defined in the
charter school application in basic skills, general knowledge,
professional knowledge and practice and subject matter knowledge
in the subject area where an individual will teach.
(c) All employes of a charter school shall be enrolled in
the Public School Employee's Retirement System in the same
manner as set forth in 24 Pa.C.S. § 8301(a) (relating to
mandatory and optional membership) unless at the time of the
application for the charter school the sponsoring district or
the board of trustees of the charter school has a retirement
program which covers the employes or the employe is currently
enrolled in another retirement program. The Commonwealth shall
make contributions on behalf of charter school employes, and the
charter school shall be considered a school district and shall
make payments by employers and payments on account of Social
Security as established under 24 Pa.C.S. Pt. IV (relating to
retirement for school employees). For purposes of payments by
employers, a charter school shall be considered a school
district under 24 Pa.C.S. § 8329(a)(1) (relating to payments on
account of social security deductions from appropriations). The
market value/income aid ratio used in calculating payments as
20120HB2352PN3488 - 26 -
prescribed in this subsection shall be the market value/income
aid ratio for the school district in which the charter school is
located or, in the case of a regional charter school, shall be a
composite market value/income aid ratio for the participating
school districts as determined by the department. Except as
otherwise provided, employes of a charter school shall make
regular member contributions as required for active members
under 24 Pa.C.S. Pt. IV. If the employes of the charter school
participate in another retirement plan, then those employes
shall have no concurrent claim on the benefits provided to
public school employes under 24 Pa.C.S. Pt. IV. For purposes of
this subsection, a charter school shall be deemed to be a
"public school" as defined in 24 Pa.C.S. § 8102 (relating to
definitions).
(d) Every employe of a charter school shall be provided the
same health care benefits as the employe would be provided if he
or she were an employe of the local district. The local board of
school directors may require the charter school to provide the
same terms and conditions with regard to health insurance as the
collective bargaining agreement of the school district to
include employe contributions to the district's health benefits
plan. The charter school shall make any required employer's
contribution to the district's health plan to an insurer, a
local board of school directors or a contractual representative
of school employes, whichever is appropriate to provide the
required coverage.
(e) Any public school employe of a school entity may request
a leave of absence for up to five (5) years in order to work in
a charter school located in the district of employment or in a
regional charter school in which the employing school district
20120HB2352PN3488 - 27 -
is a participant. Approval for a leave shall not be unreasonably
withheld.
(f) Temporary professional employes on leave from a school
district may accrue tenure in the non-charter public school
system at the discretion of the local board of school directors,
the same as they would under Article XI if they had continued to
be employed by that district. Professional employes on leave
from a school district shall retain their tenure rights, as
defined in Article XI, in the school entity from which they
came. No temporary professional employe or professional employe
shall have tenure rights as against a charter school. Both
temporary professional employes and professional employes shall
continue to accrue seniority in the school entity from which
they came if they return to that school entity when the leave
ends.
(g) Professional employes who hold a first level teaching or
administrative certificate may, at their option, have the time
completed in satisfactory service in a charter school applied to
the length of service requirements for the next level of
certification.
(h) (1) Any temporary professional employe or professional
employe who leaves employment at a charter school shall have the
right to return to a comparable position for which the person is
properly certified in the school entity which granted the leave
of absence. In the case where a teacher has been dismissed by
the charter school, the school entity which granted the leave of
absence is to be provided by the charter school with the reasons
for such dismissal at the time it occurs, a list of any
witnesses who were relied on by the charter school in moving for
dismissal, a description of and access to any physical evidence
20120HB2352PN3488 - 28 -
used by the charter school in moving for dismissal and a copy of
any record developed at any dismissal proceeding conducted by
the charter school. The record of any such hearing may be
admissible in a hearing before the school entity which granted
the leave of absence. Nothing in this section shall affect the
authority of the board of school directors to initiate
proceedings under Article XI if the board determines that
occurrences at the charter school leading to dismissal of a
teacher constitute adequate and independent grounds for
discipline under section 1122.
(2) No temporary employe or professional employe who is
leaving employment at a charter school shall be returned to a
position in the public school district which granted his leave
of absence until such public school district is in receipt of a
current criminal history record under section 111 and the
official clearance statement regarding child injury or abuse
from the Department of Public Welfare as required by 23 Pa.C.S.
Ch. 63 Subch. C.2 (relating to background checks for employment
in schools).
(i) All individuals who shall have direct contact with
students shall be required to submit a report of criminal
history record information as provided for in section 111 prior
to accepting a position with the charter school. This subsection
shall also apply to any individual who volunteers to work on a
full-time or part-time basis at the charter school.
(j) All applicants for a position as a school employe shall
be required to submit the official clearance statement regarding
child injury or abuse from the Department of Public Welfare as
required by 23 Pa.C.S. Ch. 63 Subch. C.2. This section shall
also apply to any individual who volunteers to work on a full-
20120HB2352PN3488 - 29 -
time or part-time basis at a charter school.]
Section 5.9. Section 1725-A of the act, amended or added
June 19, 1997 (P.L.225, No.22), June 22, 2001 (P.L.530, No.35)
and June 29, 2002 (P.L.524, No.88), is repealed:
[Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school shall be provided in the following manner:
(1) There shall be no tuition charge for a resident or
nonresident student attending a charter school.
(2) For non-special education students, the charter school
shall receive for each student enrolled no less than the
budgeted total expenditure per average daily membership of the
prior school year, as defined in section 2501(20), minus the
budgeted expenditures of the district of residence for nonpublic
school programs; adult education programs; community/junior
college programs; student transportation services; for special
education programs; facilities acquisition, construction and
improvement services; and other financing uses, including debt
service and fund transfers as provided in the Manual of
Accounting and Related Financial Procedures for Pennsylvania
School Systems established by the department. This amount shall
be paid by the district of residence of each student.
(3) For special education students, the charter school shall
receive for each student enrolled the same funding as for each
non-special education student as provided in clause (2), plus an
additional amount determined by dividing the district of
residence's total special education expenditure by the product
of multiplying the combined percentage of section 2509.5(k)
times the district of residence's total average daily membership
for the prior school year. This amount shall be paid by the
district of residence of each student.
20120HB2352PN3488 - 30 -
(4) A charter school may request the intermediate unit in
which the charter school is located to provide services to
assist the charter school to address the specific needs of
exceptional students. The intermediate unit shall assist the
charter school and bill the charter school for the services. The
intermediate unit may not charge the charter school more for any
service than it charges the constituent districts of the
intermediate unit.
(5) Payments shall be made to the charter school in twelve
(12) equal monthly payments, by the fifth day of each month,
within the operating school year. A student enrolled in a
charter school 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 pursuant to Article XXV. If a school district fails to
make a payment to a charter school as prescribed in this clause,
the secretary shall deduct the estimated amount, as documented
by the charter school, from any and all State payments made to
the district after receipt of documentation from the charter
school.
(6) Within thirty (30) days after the secretary makes the
deduction described in clause (5), a school district may notify
the secretary that the deduction made from State payments to the
district under this subsection is inaccurate. The secretary
shall provide the school district with an opportunity to be
heard concerning whether the charter school documented that its
students were enrolled in the charter school, the period of time
during which each student was enrolled, the school district of
residence of each student and whether the amounts deducted from
the school district were accurate.
20120HB2352PN3488 - 31 -
(b) The Commonwealth shall provide temporary financial
assistance to a school district due to the enrollment of
students in a charter school who attended a nonpublic school in
the prior school year in order to offset the additional costs
directly related to the enrollment of those students in a public
charter school. The Commonwealth shall pay the school district
of residence of a student enrolled in a nonpublic school in the
prior school year who is attending a charter school an amount
equal to the school district of residence's basic education
subsidy for the current school year divided by the district's
average daily membership for the prior school year. This payment
shall occur only for the first year of the attendance of the
student in a charter school, starting with school year
1997-1998. Total payments of temporary financial assistance to
school districts on behalf of a student enrolling in a charter
school who attended a nonpublic school in the prior school year
shall be limited to funds appropriated for this program in a
fiscal year. If the total of the amount needed for all students
enrolled in a nonpublic school in the prior school year who
enroll in a charter school exceeds the appropriation for the
temporary financial assistance program, the amount paid to a
school district for each qualifying student shall be pro rata
reduced. Receipt of funds under this subsection shall not
preclude a school district from applying for a grant under
subsection (c).
(c) The Commonwealth shall create a grant program to provide
temporary transitional funding to a school district due to the
budgetary impact relating to any student's first-year attendance
at a charter school. The department shall develop criteria which
shall include, but not be limited to, the overall fiscal impact
20120HB2352PN3488 - 32 -
on the budget of the school district resulting from students of
a school district attending a charter school. The criteria shall
be published in the Pennsylvania Bulletin. This subsection shall
not apply to a public school converted to a charter school under
section 1717-A(b). Grants shall be limited to funds appropriated
for this purpose.
(d) It shall be lawful for any charter school to receive,
hold, manage and use, absolutely or in trust, any devise,
bequest, grant, endowment, gift or donation of any property,
real or personal and/or mixed, which shall be made to the
charter school for any of the purposes of this article.
(e) It shall be unlawful for any trustee of a charter school
or any board of trustees of a charter school or any other person
affiliated in any way with a charter school to demand or
request, directly or indirectly, any gift, donation or
contribution of any kind from any parent, teacher, employe or
any other person affiliated with the charter school as a
condition for employment or enrollment and/or continued
attendance of any pupil. Any donation, gift or contribution
received by a charter school shall be given freely and
voluntarily.]
Section 5.10. Section 1726-A of the act, amended July 11,
2006 (P.L.1092, No.114) and July 9, 2008 (P.L.846, No.61), is
repealed:
[Section 1726-A. Transportation.--(a) Students who attend a
charter school located in their school district of residence, a
regional charter school of which the school district is a part
or a charter school located outside district boundaries at a
distance not exceeding ten (10) miles by the nearest public
highway shall be provided free transportation to the charter
20120HB2352PN3488 - 33 -
school by their school district of residence on such dates and
periods that the charter school is in regular session whether or
not transportation is provided on such dates and periods to
students attending schools of the district. Transportation is
not required for elementary students, including kindergarten
students, residing within one and one-half (1.5) miles or for
secondary students residing within two (2) miles of the nearest
public highway from the charter school in which the students are
enrolled unless the road or traffic conditions are such that
walking constitutes a hazard to the safety of the students when
so certified by the Department of Transportation, except that if
the school district provides transportation to the public
schools of the school district for elementary students,
including kindergarten students, residing within one and one-
half (1.5) miles or for secondary students residing within two
(2) miles of the nearest public highway under nonhazardous
conditions, transportation shall also be provided to charter
schools under the same conditions. Districts providing
transportation to a charter school outside the district and, for
the 2007-2008 school year and each school year thereafter,
districts providing transportation to a charter school within
the district shall be eligible for payments under section 2509.3
for each public school student transported.
(a.1) In addition to any other requirements in this section,
school districts of the first class shall provide transportation
to students who attend a charter school if they are the same age
or are enrolled in the same grade, grades or their grade
equivalents as any of the students of the school district for
whom transportation is provided under any program or policy to
the schools of the school district.
20120HB2352PN3488 - 34 -
(b) In the event that the Secretary of Education determines
that a school district is not providing the required
transportation to students to the charter school, the Department
of Education shall pay directly to the charter school funds for
costs incurred in the transportation of its students. Payments
to a charter school shall be determined in the following manner:
for each eligible student transported, the charter school shall
receive a payment equal to the total expenditures for
transportation of the school district divided by the total
number of school students transported by the school district
under any program or policy.
(c) The department shall deduct the amount paid to the
charter school under subsection (b) from any and all payments
made to the district.
(d) A school district of the first class shall submit a copy
of its current transportation policy to the department no later
than August 1 of each year.]
Section 5.11. Sections 1727-A and 1728-A of the act, added
June 19, 1997 (P.L.225, No.22), are repealed:
[Section 1727-A. Tort Liability.--For purposes of tort
liability, employes of the charter school shall be considered
public employes and the board of trustees shall be considered
the public employer in the same manner as political subdivisions
and local agencies. The board of trustees of a charter school
and the charter school shall be solely liable for any and all
damages of any kind resulting from any legal challenge involving
the operation of a charter school. Notwithstanding this
requirement, the local board of directors of a school entity
shall not be held liable for any activity or operation related
to the program of the charter school.
20120HB2352PN3488 - 35 -
Section 1728-A. Annual Reports and Assessments.--(a) The
local board of school directors shall annually assess whether
each charter school is meeting the goals of its charter and
shall conduct a comprehensive review prior to granting a five
(5) year renewal of the charter. The local board of school
directors shall have ongoing access to the records and
facilities of the charter school to ensure that the charter
school is in compliance with its charter and this act and that
requirements for testing, civil rights and student health and
safety are being met.
(b) In order to facilitate the local board's review and
secretary's report, each charter school shall submit an annual
report no later than August 1 of each year to the local board of
school directors and the secretary in the form prescribed by the
secretary.
(c) Five (5) years following the effective date of this
article, the secretary shall contract with an independent
professional consultant with expertise in public and private
education. The consultant shall receive input from members of
the educational community and the public on the charter school
program. The consultant shall submit a report to the secretary,
the Governor and the General Assembly and an evaluation of the
charter school program, which shall include a recommendation on
the advisability of the continuation, modification, expansion or
termination of the program and any recommendations for changes
in the structure of the program.]
Section 5.12. Section 1729-A of the act, amended or added
June 19, 1997 (P.L.225, No.22), July 4, 2004 (P.L.536, No.70)
and July 9, 2008 (P.L.846, No.61), is repealed:
[Section 1729-A. Causes for Nonrenewal or Termination.--(a)
20120HB2352PN3488 - 36 -
During the term of the charter or at the end of the term of the
charter, the local board of school directors may choose to
revoke or not to renew the charter based on any of the
following:
(1) One or more material violations of any of the
conditions, standards or procedures contained in the written
charter signed pursuant to section 1720-A.
(2) Failure to meet the requirements for student performance
set forth in 22 Pa. Code Ch. 5 (relating to curriculum) or
subsequent regulations promulgated to replace 22 Pa. Code Ch. 5
or failure to meet any performance standard set forth in the
written charter signed pursuant to section 1716-A.
(3) Failure to meet generally accepted standards of fiscal
management or audit requirements.
(4) Violation of provisions of this article.
(5) Violation of any provision of law from which the charter
school has not been exempted, including Federal laws and
regulations governing children with disabilities.
(6) The charter school has been convicted of fraud.
(a.1) When a charter school located in a school district of
the first class is in corrective action status and seeks renewal
of its charter, if the governing body of the school district of
the first class renews the charter, it may place specific
conditions in the charter that require the charter school to
meet specific student performance targets within stated periods
of time subject to the following:
(i) The performance targets and the periods of time in which
the performance targets must be met shall be reasonable.
(ii) The placement of conditions in a charter as specified
in this subsection shall not be considered an adjudication and
20120HB2352PN3488 - 37 -
may not be appealed to the State Charter School Appeal Board.
(iii) If the charter school fails to meet the performance
targets within the stated period of time, such failure shall be
sufficient cause for revocation of the charter.
(b) A member of the board of trustees who is convicted of a
felony or any crime involving moral turpitude shall be
immediately disqualified from serving on the board of trustees.
(c) Any notice of revocation or nonrenewal of a charter
given by the local board of school directors of a school
district shall state the grounds for such action with reasonable
specificity and give reasonable notice to the governing board of
the charter school of the date on which a public hearing
concerning the revocation or nonrenewal will be held. The local
board of school directors shall conduct such hearing, present
evidence in support of the grounds for revocation or nonrenewal
stated in its notice and give the charter school reasonable
opportunity to offer testimony before taking final action.
Formal action revoking or not renewing a charter shall be taken
by the local board of school directors at a public meeting
pursuant to the act of July 3, 1986 (P.L.388, No.84), known as
the "Sunshine Act," after the public has had thirty (30) days to
provide comments to the board. All proceedings of the local
board pursuant to this subsection shall be subject to 2 Pa.C.S.
Ch. 5 Subch. B (relating to practice and procedure of local
agencies). Except as provided in subsection (d), the decision of
the local board shall not be subject to 2 Pa.C.S. Ch. 7 Subch. B
(relating to judicial review of local agency action).
(d) Following the appointment and confirmation of the appeal
board, but not before July 1, 1999, the charter school may
appeal the decision of the local board of school directors to
20120HB2352PN3488 - 38 -
revoke or not renew the charter to the appeal board. The appeal
board shall have the exclusive review of a decision not to renew
or revoke a charter. The appeal board shall review the record
and shall have the discretion to supplement the record if the
supplemental information was previously unavailable. The appeal
board may consider the charter school plan, annual reports,
student performance and employe and community support for the
charter school in addition to the record. The appeal board shall
give due consideration to the findings of the local board of
directors and specifically articulate its reasons for agreeing
or disagreeing with those findings in its written decision.
(e) If the appeal board determines that the charter should
not be revoked or should be renewed, the appeal board shall
order the local board of directors to rescind its revocation or
nonrenewal decision.
(f) Except as provided in subsection (g), the charter shall
remain in effect until final disposition by the appeal board.
(g) In cases where the health or safety of the school's
pupils, staff or both is at serious risk, the local board of
school directors may take immediate action to revoke a charter.
(h) All decisions of the charter school appeal board shall
be subject to appellate review by the Commonwealth Court.
(i) When a charter is revoked, not renewed, forfeited,
surrendered or otherwise ceases to operate, the charter school
shall be dissolved. After the disposition of any liabilities and
obligations of the charter school, any remaining assets of the
charter school, both real and personal, shall be distributed on
a proportional basis to the school entities with students
enrolled in the charter school for the last full or partial
school year of the charter school. In no event shall such school
20120HB2352PN3488 - 39 -
entities or the Commonwealth be liable for any outstanding
liabilities or obligations of the charter school.
(j) When a charter is revoked or is not renewed, a student
who attended the charter school shall apply to another public
school in the student's school district of residence. Normal
application deadlines will be disregarded under these
circumstances. All student records maintained by the charter
school shall be forwarded to the student's district of
residence.]
Section 5.13. Sections 1730-A and 1731-A of the act, added
June 19, 1997 (P.L.225, No.22), are repealed:
[Section 1730-A. Desegregation Orders.--The local board of
school directors of a school district which is operating under a
desegregation plan approved by the Pennsylvania Human Relations
Commission or a desegregation order by a Federal or State court
shall not approve a charter school application if such charter
school would place the school district in noncompliance with its
desegregation order.
Section 1731-A. Charter School Grants.--(a) The secretary
shall allocate grants for planning and start-up funding to
eligible applicants under section 1717-A from funds appropriated
for the implementation of this act.
(1) Planning grant applications shall be filed on a form and
by a date determined by the secretary. The amount of a grant may
vary depending on the size and scope of the planning needed by
the applicant. The application shall address the manner in which
the applicant plans to address the criteria established for
charter schools in sections 1715-A and 1717-A.
(2) Start-up funding grant applications shall be filed on a
form and by a date determined by the secretary. The applicant
20120HB2352PN3488 - 40 -
for the charter school shall submit its application for a
charter when applying for the grant. A grant for start-up
funding may vary depending on the size and special
characteristics of the charter school. A start-up grant may be
used to meet the expenses of the charter school as established
in their charter and as authorized in the provisions of this
article.
(b) The applicant shall include a copy of a letter informing
the local board of school directors of the school district of
the application for the planning grant if the location of the
proposed charter school is known. An applicant receiving a
start-up funding grant shall notify the school district or
districts signing the charter of receipt of this grant.]
Section 5.14. Section 1732-A, Subdivision (c) heading and
sections 1741-A, 1742-A, 1743-A, 1744-A, 1745-A, 1746-A, 1747-A,
1748-A, 1749-A, 1750-A and 1751-A of the act, amended or added
June 29, 2002 (P.L.524, No.88), are repealed:
[Section 1732-A. Provisions Applicable to Charter Schools.--
(a) Charter schools shall be subject to the following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755,
771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301, 1310,
1317, 1317.1, 1317.2, 1318, 1327, 1330, 1332, 1303-A, 1513,
1517, 1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and
Article XIV.
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
20120HB2352PN3488 - 41 -
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), entitled "An act providing scholarships and providing
funds to secure Federal funds for qualified students of the
Commonwealth of Pennsylvania who need financial assistance to
attend postsecondary institutions of higher learning, making an
appropriation, and providing for the administration of this
act."
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."
(b) Charter schools shall be subject to the following
provisions of 22 Pa. Code:
Section 5.216 (relating to ESOL).
Section 5.4 (relating to general policies).
Chapter 11 (relating to pupil attendance).
Chapter 12 (relating to students).
Section 32.3 (relating to assurances).
Section 121.3 (relating to discrimination prohibited).
Section 235.4 (relating to practices).
Section 235.8 (relating to civil rights).
Chapter 711 (relating to charter school services and programs
for children with disabilities).
(c) (1) The secretary may promulgate additional regulations
relating to charter schools.
(2) The secretary shall have the authority and the
responsibility to ensure that charter schools comply with
20120HB2352PN3488 - 42 -
Federal laws and regulations governing children with
disabilities. The secretary shall promulgate regulations to
implement this provision.
(c) Cyber Charter Schools.
Section 1741-A. Powers and duties of department.
(a) Powers and duties.--The department shall:
(1) Receive, review and act on applications for the
creation of a cyber charter school and have the power to
request further information from applicants, obtain input
from interested persons or entities and hold hearings
regarding applications.
(2) Renew the charter of cyber charter school and renew
the charter of a charter school approved under section 1717-A
or 1718-A which provides instruction through the Internet or
other electronic means. Upon renewal of a charter of a
charter school approved under section 1717-A or 1718-A, the
charter school shall qualify as a cyber charter school under
this subdivision and shall be subject to the provisions of
this subdivision.
(3) Revoke or deny renewal of a cyber charter school's
charter under the provisions of section 1729-A.
(i) Notwithstanding the provisions of section 1729-
A(i), when the department has revoked or denied renewal
of a charter, the cyber charter school shall be
dissolved. After the disposition of the liabilities and
obligations of the cyber charter school, any remaining
assets of the cyber charter school shall be given over to
the intermediate unit in which the cyber charter school's
administrative office was located for distribution to the
school districts in which the students enrolled in the
20120HB2352PN3488 - 43 -
cyber charter school reside at the time of dissolution.
(ii) Notwithstanding any laws to the contrary, the
department may, after notice and hearing, take immediate
action to revoke a charter if:
(A) a material component of the student's
education as required under this subdivision is not
being provided; or
(B) the cyber charter school has failed to
maintain the financial ability to provide services as
required under this subdivision.
(4) Execute charters after approval.
(5) Develop forms, including the notification form under
section 1748-A(b), necessary to carry out the provisions of
this subdivision.
(b) Hearings.--Hearings conducted by the department shall be
conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings).
(c) Documents.--Documents of the appeal board shall be
subject to the act of June 21, 1957 (P.L.390, No.212), referred
to as the Right-to-Know Law.
Section 1742-A. Assessment and evaluation.
The department shall:
(1) Annually assess whether each cyber charter school is
meeting the goals of its charter and is in compliance with
the provisions of the charter and conduct a comprehensive
review prior to granting a five-year renewal of the charter.
(2) Annually review each cyber charter school's
performance on the Pennsylvania System of School Assessment
test, standardized tests and other performance indicators to
ensure compliance with 22 Pa. Code Ch. 4 (relating to
academic standards and assessment) or subsequent regulations
20120HB2352PN3488 - 44 -
promulgated to replace 22 Pa. Code Ch. 4.
(3) Have ongoing access to all records, instructional
materials and student and staff records of each cyber charter
school and to every cyber charter school facility to ensure
the cyber charter school is in compliance with its charter
and this subdivision.
Section 1743-A. Cyber charter school requirements and
prohibitions.
(a) Special financial requirements prohibited.--A cyber
charter school shall not:
(1) provide discounts to a school district or waive
payments under section 1725-A for any student;
(2) except as provided for in subsection (e), provide
payments to parents or guardians for the purchase of
instructional materials; or
(3) except as compensation for the provision of specific
services, enter into agreements to provide funds to a school
entity.
(b) Enrollment.--A cyber charter school shall report to the
department an increase or a decrease of 30% or more in its
anticipated enrollment set forth in the application under
section 1747-A(11).
(c) School district.--A cyber charter school shall make
available upon request, either in writing or electronically, to
each student's school district of residence the following:
(1) A copy of the charter.
(2) A copy of the cyber charter school application.
(3) A copy of all annual reports prepared by the cyber
charter school.
(4) A list of all students from that school district
20120HB2352PN3488 - 45 -
enrolled in the cyber charter school.
(d) Parent or guardian.--Upon request and prior to the
student's first day in a cyber charter school, the cyber charter
school shall, either in writing or electronically, provide to
the parent or guardian of a student the following:
(1) A list and brief description of the courses of
instruction the student will receive. The list shall be
updated annually for each grade level in which the student is
enrolled.
(2) A description of the lessons and activities to be
offered both online and offline.
(3) The manner in which attendance will be reported and
work will be authenticated.
(4) A list of all standardized tests the student will be
required to take during the school year and the place where
the test will be administered, if available.
(5) The meetings to be held during the school year
between a parent or guardian and a teacher and among other
school officials or parents or guardians and the manner in
which the parent or guardian will be notified of the time and
place for the meeting.
(6) The address of the cyber charter school and the
name, telephone number and e-mail address of the school
administrator and other school personnel.
(7) A list of any extracurricular activities provided by
the cyber charter school.
(8) The names of the student's teachers, if available,
and the manner in which each teacher can be contacted by the
student or the parent or guardian.
(9) A list of all services that will be provided to the
20120HB2352PN3488 - 46 -
student by the cyber charter school.
(10) Copies of policies relating to computer security
and privacy, truancy, absences, discipline and withdrawal or
expulsion of students.
(11) Information on:
(i) The cyber charter school's professional staff,
including the number of staff personnel, their education
level and experience.
(ii) The cyber charter school's performance on the
PSSA and other standardized test scores.
(12) Information regarding the proper usage of equipment
and materials and the process for returning equipment and
materials supplied to the students by the cyber charter
school. A parent or guardian shall acknowledge, either in
writing or electronically, the receipt of this information.
(13) A description of the school calendar, including,
but not limited to, the time frame that will constitute a
school year and a school week, holidays and term breaks.
(e) Students.--For each student enrolled, a cyber charter
school shall:
(1) provide all instructional materials;
(2) provide all equipment, including, but not limited
to, a computer, computer monitor and printer; and
(3) provide or reimburse for all technology and services
necessary for the on-line delivery of the curriculum and
instruction.
The Commonwealth shall not be liable for any reimbursement owed
to students, parents or guardians by a cyber charter school
under paragraph (3).
(f) Annual report.--A cyber charter school shall submit an
20120HB2352PN3488 - 47 -
annual report no later than August 1 of each year to the
department in the form prescribed by the department.
(g) Records and facilities.--A cyber charter school shall
provide the department with ongoing access to all records and
facilities necessary for the department to assess the cyber
charter school in accordance with the provisions of this
subdivision.
(h) Offices and facilities.--A cyber charter school shall
maintain an administrative office within this Commonwealth where
all student records shall be maintained at all times and shall
provide the department with the addresses of all offices and
facilities of the cyber charter school, the ownership thereof
and any lease arrangements. The administrative office of the
cyber charter school shall be considered as the principal place
of business for service of process for any action brought
against the cyber charter school or cyber charter school staff
members. The cyber charter school shall notify the department of
any changes in this information within ten days of the change.
(i) Applicable law.--Any action taken against the cyber
charter school, its successors or assigns or its employees,
including any cyber charter school staff member as defined in
the act of December 12, 1973 (P.L.397, No.141), known as the
Professional Educator Discipline Act, shall be governed by the
laws of this Commonwealth. If the department initiates an
investigation or pursues an action pursuant to the Professional
Educator Discipline Act involving any current or former charter
school staff member outside this Commonwealth, any reasonable
expenses incurred by the department in such investigation or
action shall be paid by the cyber charter school which employed
that staff member at the time of the alleged misconduct.
20120HB2352PN3488 - 48 -
Section 1744-A. School district and intermediate unit
responsibilities.
An intermediate unit or a school district in which a student
enrolled in a cyber charter school resides shall do all of the
following:
(1) Provide the cyber charter school within ten days of
receipt of the notice of the admission of the student under
section 1748-A(a) with all records relating to the student,
including transcripts, test scores and a copy of any
individualized education program for that student.
(2) Provide the cyber charter school with reasonable
access to its facilities for the administration of
standardized tests required under this subdivision.
(3) Upon request, provide assistance to the cyber
charter school in the delivery of services to a student with
disabilities. The school district or intermediate unit shall
not charge the cyber charter school more for a service than
it charges a school district.
(4) Make payments to the cyber charter school under
section 1725-A.
Section 1745-A. Establishment of cyber charter school.
(a) Establishment.--A cyber charter school may be
established by an individual; one or more teachers who will
teach at the proposed cyber charter school; parents or guardians
of students who will enroll in the cyber charter school; a
nonsectarian college, university or museum located in this
Commonwealth; a nonsectarian corporation not-for-profit as
defined in 15 Pa.C.S. § 5103 (relating to definitions); a
corporation, association or partnership; or any combination of
the foregoing. Section 1327.1 shall not apply to a cyber charter
20120HB2352PN3488 - 49 -
school established under this subdivision.
(b) Sectarian entities.--No cyber charter school shall be
established or funded by and no charter shall be granted to a
sectarian school, institution or other entity.
(c) Attendance.--Attendance at a cyber charter school shall
satisfy requirements for compulsory attendance.
(d) Application.--An application to establish a cyber
charter school shall be submitted to the department by October 1
of the school year preceding the school year in which the cyber
charter school proposes to commence operation.
(e) Grant or denial.--Within 120 days of receipt of an
application, the department shall grant or deny the application.
The department shall review the application and shall hold at
least one public hearing under 65 Pa.C.S. Ch. 7 (relating to
open meetings). At least 30 days prior to the hearing, the
department shall publish in the Pennsylvania Bulletin and on the
department's World Wide Web site notice of the hearing and the
purpose of the application.
(f) Evaluation criteria.--
(1) A cyber charter school application submitted under
this subdivision shall be evaluated by the department based
on the following criteria:
(i) The demonstrated, sustainable support for the
cyber charter school plan by teachers, parents or
guardians and students.
(ii) The capability of the cyber charter school
applicant, in terms of support and planning, to provide
comprehensive learning experiences to students under the
charter.
(iii) The extent to which the programs outlined in
20120HB2352PN3488 - 50 -
the application will enable students to meet the academic
standards under 22 Pa. Code Ch. 4 (relating to academic
standards and assessment) or subsequent regulations
promulgated to replace 22 Pa. Code Ch. 4.
(iv) The extent to which the application meets the
requirements of section 1747-A.
(v) The extent to which the cyber charter school may
serve as a model for other public schools.
(2) Written notice of the action of the department shall
be sent by certified mail to the applicant and published on
the department's World Wide Web site. If the application is
denied, the reasons for denial, including a description of
deficiencies in the application, shall be clearly stated in
the notice.
(3) Upon approval of a cyber charter school application,
a written charter shall be developed which shall contain the
provisions of the charter application and be signed by the
secretary and each member of the board of trustees of the
cyber charter school. The charter, when duly signed, shall
act as legal authorization of the establishment of a cyber
charter school. The charter shall be legally binding on the
department, the cyber charter school and its board of
trustees. The charter shall be for a period of no less than
three years nor more than five years and may be renewed for a
period of five years by the department.
(4) The decision of the department to deny an
application may be appealed to the appeal board.
(g) Denied application.--A cyber charter school applicant
may revise and resubmit a denied application to the department.
The department shall grant or deny the revised application
20120HB2352PN3488 - 51 -
within 60 days after its receipt.
(h) Appeal.--If the department fails to hold the required
public hearing or to approve or disapprove the charter, the
applicant may file its application as an appeal to the appeal
board. The appeal board shall review the application and make a
decision to approve or disapprove the charter based on the
criteria in subsection (f).
Section 1746-A. State Charter School Appeal Board review.
(a) Jurisdiction.--The appeal board shall have the exclusive
review of an appeal by a cyber charter school applicant or by
the board of trustees of a cyber charter school on the decisions
of the department, including:
(1) The denial of an application for a charter.
(2) The denial of a renewal of a charter.
(3) The revocation of a charter.
(4) An appeal under section 1745-A(h).
(b) Procedure.--The appeal board shall:
(1) Review the decision made by the department under
subsection (a) on the record as certified by the department.
The secretary shall recuse himself from all cyber charter
school appeals and shall not participate in a hearing,
deliberation or vote on a cyber charter school appeal. The
appeal board may allow the department, the cyber charter
school applicant or the board of trustees of a cyber charter
school to supplement the record if the supplemental
information was previously unavailable.
(2) Meet to officially review the certified record no
later than 30 days after the date of filing the appeal.
(3) Issue a written decision affirming or denying the
appeal no later than 60 days following its review.
20120HB2352PN3488 - 52 -
(4) In the case of a decision by the department to deny
a cyber charter application, make its decision based on
section 1745-A(f)(1). A decision by the appeal board to
reverse the decision of the department and grant a charter
shall serve as a requirement for the secretary to sign the
written charter of the cyber charter school.
(5) In the case of a decision by the department to
revoke or deny renewal of a cyber school charter in
accordance with section 1741-A(a)(3), make its decision based
on section 1729-A(a). A decision of the appeal board to
reverse the decision of the department to not revoke or deny
renewal of a charter shall serve as a requirement of the
department to not revoke or to not deny renewal of the
charter of the cyber charter school.
(c) Stay.--If the department appeals the decision of the
appeal board, the appeal board's decision shall be stayed only
upon order of the appeal board, the Commonwealth Court or the
Pennsylvania Supreme Court.
(d) Review.--All decisions of the appeal board shall be
subject to appellate review by the Commonwealth Court.
Section 1747-A. Cyber charter school application.
In addition to the provisions of section 1719-A, an
application to establish a cyber charter school shall also
include the following:
(1) The curriculum to be offered and how it meets the
requirements of 22 Pa. Code Ch. 4 (relating to academic
standards and assessment) or subsequent regulations
promulgated to replace 22 Pa. Code Ch. 4.
(2) The number of courses required for elementary and
secondary students.
20120HB2352PN3488 - 53 -
(3) An explanation of the amount of on-line time
required for elementary and secondary students.
(4) The manner in which teachers will deliver
instruction, assess academic progress and communicate with
students to provide assistance.
(5) A specific explanation of any cooperative learning
opportunities, meetings with students, parents and guardians,
field trips or study sessions.
(6) The technology, including types of hardware and
software, equipment and other materials which will be
provided by the cyber charter school to the student.
(7) A description of how the cyber charter school will
define and monitor a student's school day, including the
delineation of on-line and off-line time.
(8) A description of commercially prepared standardized
achievement tests that will be used by the cyber charter
school in addition to the Pennsylvania System of School
Assessment test, including the grade levels that will be
tested and how the data collected from the tests will be used
to improve instruction.
(9) The technical support that will be available to
students and parents or guardians.
(10) The privacy and security measures to ensure the
confidentiality of data gathered online.
(11) The level of anticipated enrollment during each
school year of the proposed charter, including expected
increases due to the addition of grade levels.
(12) The methods to be used to insure the authenticity
of student work and adequate proctoring of examinations.
(13) The provision of education and related services to
20120HB2352PN3488 - 54 -
students with disabilities, including evaluation and the
development and revision of individualized education
programs.
(14) Policies regarding truancy, absences and withdrawal
of students, including the manner in which the cyber charter
school will monitor attendance consistent with the provisions
of section 1715-A(9).
(15) The types and frequency of communication between
the cyber charter school and the student and the manner in
which the cyber charter school will communicate with parents
and guardians.
(16) The addresses of all facilities and offices of the
cyber charter school, the ownership thereof and any lease
arrangements.
Section 1748-A. Enrollment and notification.
(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.
20120HB2352PN3488 - 55 -
(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
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.
20120HB2352PN3488 - 56 -
(b) Notification form.--The department shall develop a
notification form for use under subsection (a). The notification
shall include:
(1) The name, home address and mailing address of the
student.
(2) The grade in which the student is being enrolled.
(3) The date the student will be enrolled.
(4) The name and address of the cyber charter school and
the name and telephone number of a contact person able to
provide information regarding the cyber charter school.
(5) The signature of the parent or guardian and an
authorized representative of the cyber charter school.
(c) Withdrawal.--The cyber charter school and the parent or
guardian of a student enrolled in a cyber charter school shall
provide written notification to the student's school district of
residence within 15 days following the withdrawal of a student
from the cyber charter school.
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, 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, 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.
(2) The act of July 17, 1961 (P.L.776, No.341), known as
20120HB2352PN3488 - 57 -
the Pennsylvania Fair Educational Opportunities Act.
(3) The act of July 19, 1965 (P.L.215, No.116), entitled
"An act providing for the use of eye protective devices by
persons engaged in hazardous activities or exposed to known
dangers in schools, colleges and universities."
(4) Section 4 of the act of January 25, 1966 (1965
P.L.1546, No.541), entitled "An act providing scholarships
and providing funds to secure Federal funds for qualified
students of the Commonwealth of Pennsylvania who need
financial assistance to attend postsecondary institutions of
higher learning, making an appropriation, and providing for
the administration of this act."
(5) The act of July 12, 1972 (P.L.765, No.181) entitled
"An act relating to drugs and alcohol and their abuse,
providing for projects and programs and grants to educational
agencies, other public or private agencies, institutions or
organizations."
(6) The act of December 15, 1986 (P.L.1595, No.175),
known as the Antihazing Law.
(b) Regulations.--Cyber charter schools shall be subject to
the following provisions of 22 Pa. Code (relating to education):
(1) Chapter 4 (relating to academic standards and
assessment).
(2) Chapter 11 (relating to pupil attendance).
(3) Chapter 12 (relating to students).
(4) Section 32.3 (relating to assurances).
(5) Section 121.3 (relating to discrimination
prohibited).
(6) Section 235.4 (relating to practices).
(7) Section 235.8 (relating to civil rights).
20120HB2352PN3488 - 58 -
(8) Chapter 711 (relating to charter school services and
programs for children with disabilities).
(c) Existing charter schools.--
(1) The charter of a charter school approved under
section 1717-A or 1718-A which provides instruction through
the Internet or other electronic means shall remain in effect
for the duration of the charter and shall be subject to the
provisions of Subdivision (b).
(2) In addition to subsections (a) and (b), the
following provisions of this subdivision shall apply to a
charter school approved under section 1717-A or 1718-A which
provides instruction through the Internet or other electronic
means:
(i) Section 1743-A(c), (d), (e), (h) and (i).
(ii) Section 1744-A.
(iii) Section 1748-A.
Section 1750-A. Effect on certain existing charter schools.
(a) Determination.--For a charter school approved under
section 1717-A or 1718-A which provides instruction through the
Internet or other electronic means, prior to August 15, 2002,
the department shall determine:
(1) whether the charter school is in compliance with
this subdivision;
(2) whether the charter school has provided notification
of the enrollment of each existing student to the school
district of residence; and
(3) how the charter school plans to comply with section
1743-A(d).
(b) Notification of compliance.--Prior to August 15, 2002,
the department shall:
20120HB2352PN3488 - 59 -
(1) Notify each charter school and the chartering school
district of the department's determination under subsection
(a). The notification shall include specific requirements
with which the charter school has failed to comply.
(2) Publish a copy of the notification on the
department's World Wide Web site.
(c) Charter school requirement.--A charter school subject to
the requirements of this section shall, either in writing or
electronically, provide the parent or guardian of any student
enrolled in the charter school a copy of the department's
determination under subsection (b).
(d) School districts.--A school district shall not renew the
charter of a charter school approved under section 1717-A or
1718-A which provides instruction through the Internet or other
electronic means or approve a charter for a cyber charter
school.
(e) Renewal of charter for certain existing charter
schools.--Upon the expiration of its charter, a charter school
approved under section 1717-A or 1718-A which provides
instruction through the Internet or other electronic means shall
seek renewal of its charter from the department under this
subdivision. The charter shall be amended as needed to reflect
the requirements of this subdivision.
Section 1751-A. Regulations.
The department may issue regulations to implement this
subdivision.]
Section 6. The act is amended by adding an article to read:
ARTICLE XVII-C
CHARTER SCHOOL ENTITIES
SUBARTICLE A
20120HB2352PN3488 - 60 -
PRELIMINARY PROVISIONS
Section 1701-C. Scope of article.
This article relates to charter school entities.
Section 1702-C. Legislative intent.
It is the intent of the General Assembly to provide pupils
and community members the ability to establish and maintain
schools that operate independently from the existing school
district structure as a method to accomplish all of the
following:
(1) Improve pupil learning.
(2) Increase learning opportunities for all pupils.
(3) Encourage the use of different and innovative
teaching methods.
(4) Create new professional opportunities for teachers,
including the opportunity to be responsible for the learning
program at the school site.
(5) Provide parents and pupils with expanded choices in
the types of educational opportunities that are available
within the public school system.
(6) Hold the schools established under this article
accountable for meeting measurable academic standards and
provide the school with a method to establish accountability
systems.
Section 1703-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrator." The term includes those employees of a
charter school entity, including the chief administrator of a
charter school entity and all other employees, who by virtue of
20120HB2352PN3488 - 61 -
their positions are responsible for taking or recommending
official action of a nonministerial nature with regard to
contracting or procurement, administering or monitoring grants
or subsidies, managing or regulating staff, student and school
activities or any activity where the official action has an
economic impact of greater than a de minimis nature on the
interests of any person.
"Appeal board." The State Charter School Appeal Board.
"At-risk student." A student at risk of educational failure
because of limited English proficiency, poverty, community
factors, truancy, academic difficulties or economic
disadvantage.
"Authorizer." The State Commission on Charter Schools or a
local board of school directors.
"Charter school." An independent public school other than a
cyber charter school or regional charter school established and
operated under a charter from an authorizer and in which
students are enrolled or attend.
"Charter school entity." A charter school, regional charter
school or cyber charter school.
"Charter school foundation." A nonprofit organization, as
defined under section 501(c)(3) of the Internal Revenue Code of
1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), that provides
funding, resources or otherwise serves to support a charter
school entity, either directly or through an affiliated entity.
"Chief administrator." An individual appointed by the board
of trustees to oversee and manage the operation of the charter
school entity. The term shall not include a professional staff
member.
"Circulator." A parent or legal guardian of a student
20120HB2352PN3488 - 62 -
attending an existing public school building who asks other
parents or legal guardians of students attending the same public
school building to sign a petition to convert the existing
public school building, or portion thereof, to a charter school.
"Commission." The State Commission on Charter Schools.
"Committee." The Charter School Funding Advisory Committee.
"Cyber charter school." An independent public school
established and operated under a charter from the State
Commission on Charter Schools and which uses technology in order
to provide a significant portion of its curriculum and to
deliver a significant portion of instruction to its students
through the Internet or other electronic means.
"Department." The Department of Education of the
Commonwealth.
"Educational management service provider." A for-profit
education management organization, nonprofit charter or
education management organization, school design provider,
business manager or any other partner entity with which a board
of trustees of a charter school entity contracts to provide
educational design, business services, comprehensive management,
personnel functions or implementation of the charter.
"Employment cost index." The term shall have the same
meaning as given to it in section 302 of the act of June 27,
2006 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer
Relief Act.
"Fund." The State Charter School Assessment Fund.
"Governing board." The council of trustees of an institution
of higher education.
"Growth plan." A plan adopted by a majority vote of a local
board of school directors in an open meeting, as defined in 65
20120HB2352PN3488 - 63 -
Pa.C.S. Ch. 7 (relating to open meetings), that projects the
future growth in school district enrollments as it pertains to
building needs and usage.
"Immediate family member." A parent, spouse, child, brother
or sister.
"Institution of higher education." An institution as defined
in section 2001-A(10).
"Local board of school directors." The board of directors of
a school district in which a proposed or an approved charter
school is located. The term shall include a special board of
control or a School Reform Commission.
"Local taxing authority." A county, city, borough,
incorporated town, township or school district.
"Lowest performing school districts." The 10% of school
districts identified as having the highest percentage of
students performing below basic in mathematics and the 10% of
school districts having the highest percentage of students
performing below basic in reading using the results of any of
the preceding three school years' Pennsylvania System of School
Assessment tests, the Keystone Exam or another test established
by the State Board of Education to meet the requirements of
section 2603-B(d)(10)(i) and required under the No Child Left
Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425).
"Nonrelated." An individual who is not an immediate family
member.
"PSSA test." The Pennsylvania System of School Assessment
test as defined in section 102.
"Regional charter school." An independent public school that
is established and operated under a charter from more than one
authorizer and in which students are enrolled or attend.
20120HB2352PN3488 - 64 -
"Right-to-Know Law." The act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
"School district of residence." The school district in this
Commonwealth in which a child resides as determined under
section 1302.
"School entity." A school district, intermediate unit, joint
school or area vocational-technical school.
"School Reform Commission." The School Reform Commission
established under section 696.
"Secretary." The Secretary of Education of the Commonwealth.
"Special board of control." A special board of control
established under section 692.
"State board." The State Board of Education of the
Commonwealth.
"Unused facility." Any building owned by a school district
or the Commonwealth that is not used by the school district or
the Commonwealth for its own programs or that is leased to a
third party for consideration.
Section 1704-C. State Commission on Charter Schools.
(a) Establishment.--The State Commission on Charter Schools
is established as an independent administrative commission.
(b) Composition.--
(1) The commission shall consist of citizens of this
Commonwealth who possess strong experience and expertise in
one of the following areas:
(i) Public nonprofit governance.
(ii) Business and administration.
(iii) Social services.
(iv) Management.
(v) Finance.
20120HB2352PN3488 - 65 -
(vi) Public school leadership.
(vii) Assessment.
(viii) Curriculum and instruction.
(ix) Public education law.
(2) All members of the commission shall have a
demonstrated understanding of and commitment to charter
schooling as a strategy for strengthening public education.
(3) No current State public official or appointee shall
be appointed to serve as a member of the commission.
(4) Members of the commission shall be appointed as
follows:
(i) Three individuals who shall be appointed by the
Governor.
(ii) Four individuals who shall be appointed by the
General Assembly as follows:
(A) The President pro tempore of the Senate
shall appoint one individual.
(B) The Minority Leader of the Senate shall
appoint one individual.
(C) The Speaker of the House of Representatives
shall appoint one individual.
(D) The Minority Leader of the House of
Representatives shall appoint one individual.
(c) Terms.--
(1) The members initially appointed by the Governor
shall serve for terms of two, three and four years,
respectively, the particular term of each to be designated by
the Governor at the time of appointment.
(2) (i) Except as provided under subparagraph (ii), the
members initially appointed by the General Assembly under
20120HB2352PN3488 - 66 -
subsection (b)(4)(ii) shall serve for terms of four years
and the terms of those members' successors shall be four
years each.
(ii) Any person appointed to fill a vacancy for a
member appointed under subsection (b)(4)(ii) shall serve
only for the unexpired term or until a successor is
appointed and qualified.
(3) An appointed member of the commission shall be
eligible for reappointment.
(4) The Governor shall select one of the members to
serve as chairperson of the commission.
(d) Meetings.--The commission shall meet at least monthly to
fulfill the purposes provided under this section. A majority of
the members of the commission shall constitute a quorum and a
majority of the members of the commission shall have authority
to act upon any matter properly before the commission. The
commission is authorized to establish rules for its operation.
(e) Compensation.--The members shall receive no payment for
their services. Members who are not employees of State
government shall be reimbursed from the fund for expenses
incurred in the course of their official duties.
(f) Executive director.--An executive director shall be
appointed by the members of the commission. The executive
director shall be paid compensation as the commission may
determine. The executive director may employ personnel and
contract for consulting services as may be necessary and is
authorized to carry out the purposes of this article if the
services are procured through a competitive request for proposal
process.
(g) Open meetings and documents.--Meetings of the commission
20120HB2352PN3488 - 67 -
shall be conducted under 65 Pa.C.S. Ch. 7 (relating to open
meetings) and all hearings shall be conducted in accordance with
2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies). Documents of the commission shall be
subject to the Right-to-Know Law.
(h) Powers and duties.--The commission shall have the
following powers and duties:
(1) Implement the provisions of this article and
promulgate regulations.
(2) Serve as an authorizer for cyber charter schools.
(3) Serve as an authorizer of charter schools, other
than cyber charter schools, in the lowest performing school
districts in this Commonwealth. Any charter school authorized
by the State Commission on Charter Schools shall be eligible
for renewal of its charter regardless of the performance of
the school district in which it was organized at the time of
its renewal. Within existing school districts, such charter
schools shall not be limited to existing attendance
boundaries, geographic areas or location of school buildings.
School districts in which the charter schools are created
shall have the authority and power set forth in section
696(i)(5), (6), (7), (8), (9), (10), (11), (12), (13) and
(14), (k)(2), (3), (4) and (6) and (l). This paragraph shall
not apply if there has been a conversion of an existing
public school or portion of an existing public school
pursuant to section 1718-C(b).
(4) Develop and issue standardized forms that shall be
used by all applicants, authorizers and charter school
entities as required under sections 1718-C, 1721-C, 1726-C,
1731-C and 1735-C. The commission shall receive input from
20120HB2352PN3488 - 68 -
the department, authorizers and charter school entity
operators to develop the standardized forms.
(5) Receive, review and act on applications for the
creation of a charter school entity in accordance with
section 1704-C(h)(3), obtain input from interested persons or
entities and hold hearings regarding applications.
(6) Monitor and evaluate the operation of each charter
school entity the commission has authorized on an annual
basis in order to determine whether the school is in
compliance with the terms of its charter and applicable
statutes and regulations.
(7) Renew, revoke or deny renewal of a charter school
entity's charter that the commission has chartered under
section 1723-C.
(8) Provide a list of approved qualified independent
certified public accountants to conduct independent audits as
required under section 1731-C.
(9) Receive, review and act on charter school transfers
under section 1734-C(c).
(10) Accept applications under section 1718-C.
(11) Receive, review and act on multiple charter school
organization requests under section 1735-C.
(12) (i) Develop a standard performance matrix for use
by the commission and authorizers to evaluate charter
school entity performance. The performance matrix shall
assess performance by utilizing objective criteria,
including:
(A) Student performance on the Pennsylvania
System of School Assessment test, the Keystone Exam
or another test established by the State board to
20120HB2352PN3488 - 69 -
meet the requirements of section 2603-B(d)(10)(i) and
required under the No Child Left Behind Act of 2001.
(B) Annual growth as measured by the
Pennsylvania Value-Added Assessment System.
(C) Attendance.
(D) Attrition rates.
(E) Graduation rates.
(F) Except for clauses (A) and (B), other
assessment instruments or measures of student
achievement.
(G) School safety.
(H) Parent satisfaction.
(I) Other measures of school quality.
(ii) The commission shall develop the matrix under
subparagraph (i) within one year of the effective date of
this section with input from the department and charter
school entity operators. The commission may contract for
consulting services with an entity that has experience in
developing these matrices if the services are procured
through a competitive bidding process.
(iii) Authorizers may not develop a separate matrix
for the evaluation of charter school entities.
(iv) The standard performance matrix shall be
distributed by the commission to all known authorizers
and shall be published on the commission's publicly
accessible Internet website.
(v) Beginning July 1, 2013, authorizers shall
utilize the standard performance matrix as a primary
factor in evaluating new and renewal charter school
entity applicants.
20120HB2352PN3488 - 70 -
(13) Provide a list of nationally recognized
accreditation agencies, including the Middle States
Association of Colleges and Schools or other regional
institutional accrediting agencies recognized by the United
States Department of Education or an equivalent federally
recognized body for charter school or cyber charter school
education, that a charter school entity may use to seek
accreditation.
(14) Develop policies, procedures and regulations
pertaining to cyber charter school student truancy.
(15) The commission may employ personnel and contract
for consulting services as may be necessary and is authorized
to carry out the purposes of this article if the services are
procured through a competitive bidding process.
(16) Refer to the district attorney with jurisdiction or
to the Office of Attorney General for prosecution if the
commission discovers or receives information about possible
violations of law by any person affiliated with or employed
by an authorizer, charter school, regional charter school, or
cyber charter school.
Section 1705-C. State Charter School Entity Assessment Fund.
(a) Establishment.--The State Charter School Entity
Assessment Fund is established within the State Treasury.
(b) Funding.--
(1) Funding for the commission shall be sought each year
through Federal and nonprofit grants. To the extent that
additional revenues to fund the commission are necessary,
each charter school entity shall be assessed an annual fee
for the purposes of financing the commission. The fee shall
be assessed based on the charter school entity's student
20120HB2352PN3488 - 71 -
population not to exceed the following:
1 to 399 students............... $5,000.
400 to 999 students.............$10,000.
1,000 to 2,499 students.........$20,000.
2,500 to 4,999 students.........$30,000.
More than 4,999 students........$40,000.
(2) The commission shall file a proposed budget annually
with the Appropriations Committee of the Senate and the
Appropriations Committee of the House of Representatives and
the Education Committee of the Senate and the Education
Committee of the House of Representatives. If the revenues
generated by fees in accordance with this article are
insufficient to match expenditures over a two-year period or
are inadequate to meet the minimum enforcement efforts
required, the commission may set additional fees by
regulation in accordance with the index provided for under
the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1),
known as the Taxpayer Relief Act, and subject to review in
accordance with the act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act, so that projected
revenues will meet or exceed projected expenditures.
(c) Fees.--Fees shall be collected annually and deposited
within the fund. Money in the fund is appropriated to the
commission on a continuing basis for the purposes of fulfilling
the requirements of this article.
Section 1706-C. Charter School Funding Advisory Committee.
(a) Convention.--
(1) The department shall, after the effective date of
this section, convene a Statewide advisory committee to
examine the financing of charter school entities in the
20120HB2352PN3488 - 72 -
public education system. The committee shall examine how
charter school entity finances affect opportunities for
teachers, parents, pupils and community members to establish
and maintain schools that operate independently from the
existing school district structure as a method to accomplish
the requirements of section 1702-C. The department shall
provide administrative support, meeting space and any other
assistance required by the committee to carry out its duties
under this section.
(2) The committee shall consist of the following
members:
(i) The chairman and minority chairman of the
Education Committee of the Senate and the chairman and
the minority chairman of the Education Committee of the
House of Representatives, or their designees.
(ii) The secretary or a designee.
(iii) The chairman of the State board or a designee.
(iv) The following members, who shall be appointed
by the secretary:
(A) One member who shall represent charter
schools.
(B) One member who shall represent regional
charter schools.
(C) One member who shall represent cyber charter
schools.
(D) One member who shall represent teachers. The
member may be a public school teacher, a charter
school teacher, a regional charter school teacher, a
cyber charter school teacher or a nonpublic school
teacher.
20120HB2352PN3488 - 73 -
(E) One member who shall represent school
administrators.
(F) One member who shall represent school board
members.
(G) One member who shall represent a business
manager of a school district.
(H) One member who shall represent a parent of a
child attending a charter school entity.
(I) One member who shall represent an
institution of higher education.
(3) Members of the committee shall be appointed within
45 days of the effective date of this section. Any vacancy on
the committee shall be filled by the original appointing
officer or agency. The committee shall select a chairman and
vice chairman from among its membership at an organizational
meeting. The organizational meeting shall take place no later
than 90 days following the effective date of this section.
(4) The committee shall hold meetings at the call of the
chairman. The committee may hold public hearings on the
matters to be considered by the committee at locations
throughout this Commonwealth. All meetings and public
hearings of the committee shall be subject to 65 Pa.C.S. Ch.
7 (relating to open meetings). Nine members of the committee
shall constitute a quorum at any meeting. Each member of the
committee may designate another person to represent that
member at meetings of the committee.
(5) Committee members shall receive no compensation for
their services but shall be reimbursed for all necessary
travel and other reasonable expenses incurred in connection
with the performance of their duties as members. If possible,
20120HB2352PN3488 - 74 -
the committee shall utilize the services and expertise of
existing personnel and staff of State government.
(6) The committee shall have the following powers and
duties:
(i) Meet with current charter school entity
operators within this Commonwealth, including cyber
charter schools with blended programs.
(ii) Review charter school entity financing laws in
operation throughout the United States.
(iii) Evaluate and make recommendations on the
following:
(A) Powers and duties extended to charter school
entities as they relate to financing.
(B) Funding formulas for charter school
entities, including reimbursement procedures and
funding under Title I of the Elementary and Secondary
Education Act of 1965 (Public Law 89-10, 20 U.S.C. §
6301 et seq.).
(C) The process by which charter school entities
are funded under section 1728-C.
(D) Student residency as it relates to funding.
(E) Special education and other special program
funding.
(F) Charter school entity transportation.
(G) Charter school entity eligibility to receive
grants and funding.
(H) Appropriate assessment fees on charter
school entities.
(I) Consideration of recognizing a charter
school entity for additional designations as a local
20120HB2352PN3488 - 75 -
education agency.
(iv) The committee shall, no later than March 30,
2013, issue a report of its findings and recommendations
to the Governor, the President pro tempore of the Senate,
the Minority Leader of the Senate, the chairman and
minority chairman of the Education Committee of the
Senate, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives and the
chairman and minority chairman of the Education Committee
of the House of Representatives.
(b) (Reserved).
SUBARTICLE B
CHARTER SCHOOL ENTITIES
Section 1714-C. Powers.
(a) Body corporate.--A charter school entity established
under this article is a body corporate and shall have all powers
necessary or desirable for carrying out its charter, including
the power to:
(1) Adopt a name and corporate seal, except that any
name selected shall include the words "charter school,"
"regional charter school" or "cyber charter school."
(2) Sue and be sued, but only to the same extent and
upon the same condition that political subdivisions and local
agencies can be sued.
(3) Acquire real property from public or private sources
by purchase, lease, lease with an option to purchase or gift
for use as a charter school entity facility.
(4) Receive and disburse funds for charter school entity
purposes only.
(5) Make contracts and leases for the procurement of
20120HB2352PN3488 - 76 -
services, including services to fulfill the duties of the
administrators and chief administrator for the charter school
entity, equipment and supplies.
(6) Incur temporary debts in anticipation of the receipt
of funds.
(7) Incur debt for the construction of school
facilities.
(8) Solicit and accept any gifts or grants for charter
school entity purposes.
(9) Enter into a concurrent enrollment agreement under
Article XVI-B with an institution of higher education.
(10) Seek accreditation by an accreditation agency
recognized by the Commission pursuant to Section 1704-C(h)
(13).
(b) Necessary powers.--A charter school entity shall have
other powers as are necessary to fulfill its charter and which
are not inconsistent with this article.
(c) Liability for indebtedness.--Any indebtedness incurred
by a charter school entity in the exercise of the powers
specified under this section shall not impose any liability or
legal obligation upon a school entity or upon the Commonwealth.
Section 1715-C. Requirements.
(a) Compliance.--Charter school entities shall be required
to comply with the following:
(1) Except as provided under this article, a charter
school entity shall be exempt from statutory requirements
established under this act, from regulations of the State
board and from standards of the secretary not specifically
applicable to charter school entities. Charter school
entities shall not be exempt from statutes applicable to
20120HB2352PN3488 - 77 -
public schools other than under this article.
(2) A charter school entity shall be accountable to the
parents, the public and the Commonwealth, with the
delineation of that accountability reflected in the charter.
Strategies for meaningful parent and community involvement
shall be developed and implemented by each school.
(3) A charter school entity may not unlawfully
discriminate in admissions, hiring or operation.
(4) A charter school entity shall be nonsectarian in all
operations.
(5) A charter school entity may not provide any
religious instruction or display religious objects and
symbols on the premises of the school with the intention of
advancing or endorsing religion. It shall not be a violation
of this paragraph for a charter school entity to utilize a
sectarian facility:
(i) if the religious objects and symbols within the
portions of the facility utilized by the school are
covered or removed to the extent reasonably feasible; and
(ii) the charter school entity provides for discrete
and separate entrances to buildings utilized for school
purposes only.
(6) A charter school entity may not advocate unlawful
behavior.
(7) Subject to section 220, a charter school entity
shall participate in the Pennsylvania State Assessment System
as provided for in 22 Pa. Code Ch. 4 (relating to academic
standards and assessment). A charter school entity shall be
treated in the same manner as a school district for the
purposes of measuring the charter school entity's adequate
20120HB2352PN3488 - 78 -
yearly progress under the No Child Left Behind Act of 2001.
(8) A charter school entity shall provide a minimum of
180 days of instruction or 900 hours per year of instruction
at the elementary level or 990 hours per year of instruction
at the secondary level. Attendance at a cyber charter school
shall satisfy requirements for compulsory attendance. Nothing
in this section shall preclude the use of computer and
satellite linkages for delivering instruction to students.
(9) The board of trustees of a charter school shall
supply the authorizer of the charter school and the secretary
a list of the amount of rental payments, which are guarantees
for school building debt or bonds that become due during the
fiscal year together with the amount paid on each item of
indebtedness. Any charter school that elects to issue debt
shall hold in escrow an amount sufficient to pay the annual
amount of the sum of the principal maturing or subject to
mandatory redemption and interest owing by the charter school
or sinking fund deposit due by the charter school.
(b) Charter school entity fund balance limit.--
(1) For the 2013-2014 school year and each school year
thereafter, a charter school entity shall not accumulate an
unreserved, undesignated fund balance greater than the
charter school fund balance limit, which will be determined
as follows:
Charter School TotalBudgeted Expenditures Maximum Unreserved,Undesignated Fund Balance as Percentage of TotalBudgeted Expenditures
Less than or equal to $11,999,999 12%
Between $12,000,000 and $12,999,999 11.5%
20120HB2352PN3488 - 79 -
Between $13,000,000 and $13,999,999 11%
Between $14,000,000 and $14,999,999 10.5%
Between $15,000,000 and $15,999,999 10%
Between $16,000,000 and $16,999,999 9.5%
Between $17,000,000 and $17,999,999 9%
Between $18,000,000 and $18,999,999 8.5%
Greater Than or Equal to $19,000,000 8%
(2) Any unreserved, undesignated fund balance in place
on June 30, 2013, that exceeds the charter school entity fund
balance limit shall be refunded on a pro rata basis within 90
days to all school districts that paid tuition to the charter
school entity on behalf of students enrolled in the 2011-2012
and 2012-2013 school years. The funds may not be used to pay
bonuses to any administrator, board of trustee member,
employee, staff or contractor and may not be transferred to a
charter school foundation.
(3) For the 2013-2014 school year and each school year
thereafter, any unreserved, undesignated fund balance in
excess of the charter school entity fund balance limit shall
be refunded on a pro rata basis to all school districts that
paid tuition to the charter school entity in the prior school
year.
(4) By August 15, 2013, and August 15 of each year
thereafter, each charter school entity shall provide the
commission with information certifying compliance with this
section. The information shall be provided in a form and
manner prescribed by the commission and shall include
information on the charter school entity's estimated ending
unreserved, undesignated fund balance expressed as a dollar
amount and as a percentage of the charter school entity's
20120HB2352PN3488 - 80 -
total budgeted expenditures for that school year.
Section 1716-C. Board of trustees.
(a) Public officials.--
(1) All members of the board of trustees of a charter
school entity shall be public officials for the purposes of
65 Pa.C.S. Ch. 11 (relating to ethics standards and financial
disclosure) and shall file a statement of financial interests
for the preceding calendar year with the State Ethics
Commission and the authorizer no later than May 1 of each
year that members hold the position and of the year after a
member leaves the position.
(2) All members of the board of trustees of a charter
school entity shall take the oath of office as required under
section 321 before entering upon the duties of their office.
(b) Powers.--The board of trustees of a charter school
entity shall have the authority to decide matters related to the
operation of the school, including budgeting, curriculum and
operating procedures, subject to the school's charter. The board
shall have the authority to employ, discharge and contract with
necessary professional and nonprofessional employees, subject to
the school's charter and this article.
(c) Restrictions.--The following shall apply to all members
of the board of trustees of a charter school entity:
(1) No member of the local board of school directors of
a school entity shall serve on the board of trustees of a
charter school entity that is located in the member's
district.
(2) For all charter school entities chartered after the
effective date of this section, an individual shall be
prohibited from serving as a voting member of the board of
20120HB2352PN3488 - 81 -
trustees of a charter school entity if the individual or an
immediate family member receives compensation from or is
employed by or is a board member of an authorizer who
participates in the initial review, approval, oversight,
evaluation or renewal process of a charter school entity
chartered by that authorizer with the exception of all
current board members. An employee of the authorizer that
chartered the charter school entity may serve as a member of
the board of trustees without voting privileges.
(3) No member of the board of trustees of a charter
school entity shall participate in the selection, award or
administration of any contract if the member has a conflict
of interest as defined in 65 Pa.C.S. § 1102 (relating to
definitions). Any member of the board of trustees who in the
discharge of his official duties would be required to vote on
a matter that would result in a conflict of interest shall
abstain from voting and follow the procedures required under
65 Pa.C.S. § 1103(j) (relating to restricted activities). A
member of the board of trustees who knowingly violates this
section commits a violation of 65 Pa.C.S. § 1103(a) and shall
be subject to the penalties imposed under the jurisdiction of
the State Ethics Commission. Any contract made in violation
of this paragraph shall be voidable by a court of competent
jurisdiction if the suit is commenced within 90 days of the
making of the contract.
(4) A member of the board of trustees of a charter
school entity shall be automatically disqualified and
immediately removed from the board upon conviction for an
offense graded as a felony, an infamous crime, an offense
pertaining to fraud, theft or mismanagement of public funds,
20120HB2352PN3488 - 82 -
any offense pertaining to his official capacity as a board
member or any crime involving moral turpitude.
(5) No member of the board of trustees of a charter
school entity shall be compensated for duties on the board.
(d) Structure.--
(1) The board of trustees of a charter school entity
shall have a minimum of five nonrelated voting members. If a
charter school entity has fewer than five nonrelated voting
members serving on its board on the effective date of this
section, the charter school entity shall, within 60 days of
the effective date of this section, appoint additional
members to the board to meet the minimum requirements of this
section.
(2) Within one year of the effective date of this
section, at least one member of the board of trustees of a
charter school entity shall be a parent of a child currently
attending that charter school entity. The board member shall
be eligible to serve only so long as the child is attending
the charter school entity.
(e) Organization of meetings of boards of trustees.--
(1) A majority of the voting members of the board of
trustees shall be a quorum. If less than a majority is
present at any meeting, no business shall be transacted at
the meeting.
(2) The affirmative vote of a majority of all the voting
members of the board of trustees, duly recorded, shall be
required in order to take action on the subjects enumerated
under subsection (b).
(3) All meetings shall be subject to 65 Pa.C.S. Ch. 7
(relating to open meetings).
20120HB2352PN3488 - 83 -
(f) Refusal or neglect of duty.--
(1) If a member of the board of trustees refuses or
neglects to perform any duty imposed upon it under this
article, 25 individuals who are parents or guardians of
students of the charter school entity may present a petition
in writing of the refusal or neglect, verified by oath or
affirmation, to the court of common pleas in the county in
which the charter school or regional charter school building
is located or, in the case of a cyber charter school, to
Commonwealth Court. The petition shall set forth the facts
regarding the board member.
(2) (i) The court shall grant a rule upon the member of
the board of trustees, returnable in not less than ten
days nor more than 20 days from the date of issue, to
show cause why the member should not be removed from the
board. The member shall have at least five days' notice
of the granting of the rule.
(ii) On or before the return day of the rule, the
member or members, individually or jointly, shall file in
writing their answer or answers to the petition, under
oath.
(iii) If the facts set forth in the petition or any
material part of the petition, are denied, the court
shall conduct a hearing on the petition.
(iv) If, after the hearing under subparagraph (iii)
or if no answer is timely filed denying the facts set
forth in the petition, the court finds that any duty
imposed on the members required under this article has
not been done or has been neglected by them, the court
shall have power to remove the member or members and
20120HB2352PN3488 - 84 -
shall direct the authorizer to appoint other qualified
persons to serve for the duration of the removed members'
unexpired terms, subject to this article.
(v) The court shall impose the cost of the
proceedings upon the petitioners, the members of the
board of trustees, the authorizer or may apportion the
cost among them.
(vi) Any person removed as a member of the board of
trustees of a charter school entity under this subsection
shall not be eligible again as a board member for a
period of five years from the removal.
(g) Effect of nonpayment.--
(1) In any case where the board of trustees of a charter
school fails to pay or to provide for the payment of:
(i) any indebtedness at date of maturity or date of
mandatory redemption or on any sinking fund deposit date;
or
(ii) any interest due on such indebtedness on any
interest payment date or on any sinking fund deposit date
in accordance with the schedule under which the bonds
were issued.
The bank or trustee for the bonds shall notify the board of
charter school trustees of its obligation and shall
immediately notify the authorizer of the charter school and
the secretary.
(2) The secretary shall withhold any appropriation due
such charter school any amount necessary to fully fund the
amount held in escrow by the charter school which shall be
equal to the sum of the principal amount maturing or subject
to mandatory redemption and interest owing by the charter
20120HB2352PN3488 - 85 -
school or sinking fund deposit due by such charter school and
shall require payover of the amount withheld to the bank or
trustee acting as the sinking fund depositary for the bond
issue from the escrow account.
Section 1717-C. Administrators.
(a) Public employee.--A person who serves as an
administrator for a charter school entity shall be a public
employee for the purposes of 65 Pa.C.S. Ch. 11 (relating to
ethics standards and financial disclosure) and shall file a
statement of financial interests for the preceding calendar year
with the authorizer and the board of trustees no later than May
1 of each year that he holds the position and of the year after
he leaves the position.
(b) Duties of chief administrator.--The chief administrator
shall exercise the duties designated by the board of trustees,
including the following:
(1) In accordance with established board policy and
bylaws, upon action by the board of trustees to approve any
bill or account for payment of money and to prepare and sign
an order for the payment of money.
(2) To comply with all reporting requirements of this
article.
(3) Notwithstanding any other provision of this article
and other law, to serve as custodian of all records,
commissions and property of the charter school entity.
(4) To perform other duties pertaining to the business
of the charter school entity as required under this article.
(c) Restrictions.--
(1) A person who serves as an administrator for a
charter school entity shall not receive compensation from
20120HB2352PN3488 - 86 -
another charter school entity or from an educational
management service provider except if the following apply:
(i) The administrator has submitted a sworn
statement to each charter school entity board of
trustees. The sworn statement shall detail the work for
the other entity and include the projected number of
hours, rate of compensation and projected duration.
(ii) The board of trustees has reviewed a statement
under subparagraph (i) and has agreed to grant permission
to the administrator by resolution.
(2) A copy of the sworn statement under paragraph (1)(i)
and the resolution by the board of trustees approving the
request shall be kept on file with the charter school entity
and the authorizer.
(3) No administrator of a charter school entity or
immediate family member shall be permitted to serve as a
voting member of the board of trustees of their charter
school entity.
(4) No administrator of a charter school entity shall
participate in the selection, award or administration of a
contract if he has a conflict of interest as that term is
defined in 65 Pa.C.S. § 1102 (relating to definitions). An
administrator who knowingly violates this subsection commits
a violation of 65 Pa.C.S. § 1103(a) (relating to restricted
activities) and shall be subject to the penalties imposed
under the jurisdiction of the State Ethics Commission. Any
contract made in violation of this subsection shall be
voidable by the board of trustees of the charter school
entity.
(5) An administrator shall be immediately dismissed upon
20120HB2352PN3488 - 87 -
conviction for an offense graded as a felony, an infamous
crime, an offense pertaining to fraud, theft or mismanagement
of public funds or any crime involving moral turpitude.
Section 1718-C. Establishment.
(a) Entities who may establish.--
(1) A charter school entity may be established by any of
the following:
(i) An individual.
(ii) One or more teachers who will teach at the
proposed school.
(iii) Parents or guardians of students who will
enroll at the school.
(iv) A nonsectarian college, university or museum
located in this Commonwealth.
(v) A nonsectarian corporation not-for-profit, as
defined in 15 Pa.C.S. (relating to corporations and
unincorporated associations).
(vi) A corporation, association or partnership.
(vii) A combination of any of the entities listed
under this subsection.
(2) No charter school entity shall be established or
funded by and no charter shall be granted to any sectarian
school, institution or other entity. No funds allocated or
disbursed under this article shall be used to directly
support instruction under section 1327.1.
(3) A charter school must be organized as a public,
nonprofit corporation. A charter may not be granted to any
for-profit entity.
(b) Establishment by conversion.--
(1) A charter school may be established by converting an
20120HB2352PN3488 - 88 -
existing public school building or a portion of an existing
public school building. The conversion of an existing public
school building or portion of an existing public school
building to a charter school may be initiated by the school
district where the existing public school is located or by
the parent petition process under paragraph (3). There shall
be no limit on the number of public schools in a school
district that can be converted to a charter school.
(2) The local board of school directors, the special
board of control or the School Reform Commission that desires
to convert an existing public school building or a portion of
an existing public school building to a charter school may
designate and approve the existing public school building or
portion of an existing public school building that it seeks
to convert to a charter school by accepting applications in
accordance with paragraph (4).
(3) (i) For the purposes of improving academic
achievement or student safety, the parents or legal
guardians of at least 51% of students attending an
existing public school building may petition the local
board of school directors, the special board of control
or the School Reform Commission to convert the existing
public school building or a portion of the existing
public school building to a charter school.
(ii) The commission shall develop and issue a
standard petition form that shall be used by all parents
or legal guardians seeking conversion. The standard
petition shall include an affidavit of the circulator
affirming that:
(A) he or she is a parent or legal guardian of a
20120HB2352PN3488 - 89 -
student attending the public school building;
(B) that all signers to the petition signed with
the full knowledge of the contents of the petition;
and
(C) the circulator did not receive compensation
for collection of the petition, nor offer
compensation to any signer in exchange for signing
the petition.
(iii) (A) Any petition submitted by a circulator
who has been found by a court to have submitted a
false affidavit shall be void.
(B) Any entity, or affiliate thereof, found to
have provided compensation to a circulator or parent
or legal guardian of an existing student in order to
obtain a signature of that parent or legal guardian
as required by subparagraph (i) is prohibited from
submitting a response to requests for proposal under
paragraph (4) within the Commonwealth for a period of
two years.
(iv) Upon certified receipt of the petition and
verification of the signatures, the local board of school
directors, the special board of control established under
section 692 or the School Reform Commission shall convert
the existing public school building or a portion of an
existing public school building to a charter school
building by accepting applications in accordance with
paragraph (4). Notwithstanding any other provision of
law, the local board of school directors shall not be
required to negotiate or agree to any provision that
prevents, impedes or prohibits a school district's
20120HB2352PN3488 - 90 -
ability to convert to a charter school under this article
after the effective date of this section. A term in a
collective bargaining agreement in place on the effective
date of this section that operates to prevent, impede or
prohibit a school district from converting to a charter
school under this article shall not continue past the
expiration date of the collective bargaining agreement.
(4) (i) Applications for the charter school shall be
solicited through a competitive request for proposal
process initiated by the local board of school directors,
the special board of control or the School Reform
Commission. The content and dissemination of the request
for proposal must be consistent with the purpose and the
requirements of this article. The local board of school
directors, the special board of control or the School
Reform Commission may accept applications by any
individual or entity authorized to establish a charter
school under subsection (a) to operate the converted
charter school.
(ii) The local board of directors, the special board
of control or the School Reform Commission shall evaluate
each submitted proposal in a public manner. Once
selected, the local board of school directors, the
special board or the School Reform Commission shall do
all of the following:
(A) Explain how and why the proposal was
selected.
(B) Provide evidence, if available, of the
provider's success in serving student populations
similar to the targeted population, including
20120HB2352PN3488 - 91 -
demonstrated academic achievement as well as
successful management of nonacademic school functions
if applicable.
(5) The authorizer may not serve as the board of
trustees of an existing school which is converted to a
charter school under this subsection.
(6) This article shall apply to an existing public
school building or a portion of an existing public school
building converted to a charter school.
(7) In the case of an existing school being converted to
a charter school, the local board of school directors, the
special board of control or the School Reform Commission
shall establish the alternative arrangements for current
students who choose not to attend the charter school.
(8) In the case of an existing school being converted to
a charter school, preference for enrollment shall be given to
students residing within the former attendance boundary of
that school.
(c) Establishment of a cyber charter school by a local board
of school directors or intermediate unit.--A cyber charter
school may be established by a local board of school directors
or an intermediate unit if they follow the procedures and
requirements of this article. Nothing under this article shall
preclude a school district or an intermediate unit from offering
instruction via the Internet or other electronic means, except
that the instruction shall not be recognized as a cyber charter
school under this article. A cyber charter school must be
organized as a public, nonprofit corporation. A charter may not
be granted to any for-profit entity.
(d) Authorizers.--
20120HB2352PN3488 - 92 -
(1) The following entities shall be authorizers of
charter schools and regional charter schools:
(i) The commission in accordance with section 1704-
C(h)(3).
(ii) A local board of school directors.
(2) The commission shall be the authorizer of cyber
charter schools.
(e) Authorizer powers and duties.--
(1) The commission shall have the following powers and
duties:
(i) Receive, review and act on applications for the
creation of a charter school entity, obtain input from
interested persons or entities and hold hearings
regarding applications.
(ii) Execute charter contracts with an approved
charter school entity applicant.
(iii) Monitor and evaluate the operation of each
charter school entity authorized by the commission on an
annual basis in order to determine whether the charter
school entity is in compliance with the terms of its
charter and all applicable laws and regulations.
(iv) Renew, revoke or deny renewal of a charter
school entity's charter under section 1723-C.
(2) The local board of school directors shall have the
following powers and duties:
(i) Receive, review and act on applications for the
creation of a charter school or regional charter school,
obtain input from interested persons or entities and hold
hearings regarding applications.
(ii) Execute charter contracts with an approved
20120HB2352PN3488 - 93 -
charter school or regional charter school applicant.
(iii) Monitor and evaluate the operation of each
charter school or regional charter school authorized by
the local board of school directors on an annual basis in
order to determine whether the charter school or regional
charter school is in compliance with the terms of its
charter and all applicable laws and regulations.
(iv) Renew, revoke or deny renewal of a charter
school or regional charter school's charter under section
1723-C.
(v) Assess and receive administrative fees when
authorized under section 1705-C.
(f) Special conditions.--Authorizers may not exercise the
power and duties of the department as set forth under Federal or
State laws or regulations.
(g) Initial application procedure.--
(1) An application to establish a charter school entity
shall be submitted to a authorizer under subsection (d) by
October 1 of the school year preceding the school year in
which the charter school entity proposes to commence
operation.
(2) (i) Within 45 days of receipt of an application,
the authorizer shall hold at least one public hearing on
the charter application under section 1720-C and 65
Pa.C.S. Ch. 7 (relating to open meetings). The authorizer
shall give the applicant at least 48 hours written or
electronic notice of the public hearing.
(ii) A school district directly impacted by the
potential charter school entity may provide testimony at
the public hearing, except that testimony with regard to
20120HB2352PN3488 - 94 -
the economic impact of an applicant on a school district
may not be the sole basis for denial of the application.
(iii) At least 45 days must transpire between the
first public hearing and the final decision of the
authorizer on the charter application, during which time
public comment shall be received and made part of the
record. Nothing in this article shall prohibit a school
district or any other interested party from providing
public comment.
(3) An application submitted under this article shall be
evaluated by the authorizer based on established criteria,
including the following:
(i) The demonstrated, sustainable support for the
charter school plan by teachers, parents, other community
members and students, including comments received at the
public hearing held under subsection (g)(2).
(ii) The capability of the applicant, in terms of
support and planning, to provide comprehensive learning
experiences to students pursuant to the adopted charter.
(4) Not later than 75 days after the first public
hearing on the application, the authorizer that received the
application shall grant or deny the application.
(5) An application shall be deemed approved by the
authorizer upon affirmative vote by a majority of all members
of the authorizer. Formal action approving or denying the
application shall be taken at a public meeting, with notice
or consideration of the application given by the authorizer
under 65 Pa.C.S. Ch. 7. The authorizer shall give the
applicant at least 48 hours written or electronic notice of
the meeting at which the authorizer will be considering the
20120HB2352PN3488 - 95 -
application.
(6) Written notice of the action of the authorizer shall
be sent to the applicant, the department and the commission.
If the application is denied, the reasons for the denial,
including a description of deficiencies in the application,
shall be clearly stated in the notice to the applicant. The
written notice shall be issued by the authorizer within 30
days of the denial of the application.
(7) At the option of the applicant, a denied application
may be revised and resubmitted to the authorizer that denied
the application. If an application is revised and resubmitted
to the authorizer that denied the application, the authorizer
shall follow the procedures listed under paragraphs (2), (3),
(4), (5) and (6).
(8) The decision of the authorizer to deny a resubmitted
application after following the procedures under paragraph
(7) may be appealed to the appeal board as provided under
section 1724-C. Failure by the authorizer to hold a public
hearing and to grant or deny the application for a charter
school within the time periods specified under paragraphs
(2), (4), (5) and (6) shall permit the applicant for a
charter to file its application with the appeal board as
provided for under section 1724-C.
Section 1719-C. Regional charter school.
(a) Establishment.--
(1) A regional charter school may be established by any
individual or entity allowed under section 1718-C (a).
(2) A regional charter school may be established by
creating a new school or by converting an existing public
school building or a portion of an existing public school
20120HB2352PN3488 - 96 -
building. Conversion of an existing public school building or
a portion of an existing public school building to a regional
charter school shall be accomplished in accordance with
section 1718-C(b).
(3) No regional charter school may be established or
funded by and no charter shall be granted to any sectarian
school, institution or other entity.
(4) A regional charter school must be organized as a
public, nonprofit corporation. A charter may not be granted
to any for-profit entity.
(b) Application.--The boards of school directors of one or
more school districts or the governing board of any combination
of one or more authorizers, may act jointly to receive and
consider an application for a regional charter school. Any
action to approve an application for a charter or to sign a
written charter of an applicant shall require an affirmative
vote of a majority of all the directors of each of the school
districts or a majority of the members of the governing board of
each of the initial approving authorities involved.
(c) Special conditions.--The provisions of this article
relating to charter schools and the powers and duties of
authorizers and the commission shall apply to regional charter
schools, except as provided under this article.
Section 1720-C. Hearings.
All hearings held by authorizers under this article shall be
conducted as follows:
(1) If the hearing is conducted by a local board of
school directors, the hearing shall be conducted in
accordance with 2 Pa.C.S. Ch. 5 Subch. B (relating to
practice and procedure of local agencies).
20120HB2352PN3488 - 97 -
(2) If the hearing is conducted by the commission, the
hearing shall be conducted in accordance with 2 Pa.C.S. Ch. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies).
Section 1721-C. Application.
(a) Contents and form.--The commission shall develop and
issue a standard application form that shall be used by all
applicants to establish a charter school entity. The application
to establish a charter school entity shall include all of the
following information:
(1) The identification of the charter applicant.
(2) The name of the proposed charter school entity.
(3) The grade or age levels served by the school.
(4) An organizational chart clearly presenting the
proposed governance structure of the school, including lines
of authority and reporting between the board of trustees,
administrators, staff and any educational management service
provider that will play a role in providing management
services to the charter school entity.
(5) A clear description of the roles and
responsibilities for the board of trustees, administrators
and any other entities, including a charter school
foundation, shown in the organizational chart.
(6) A clear description and method for the appointment
or election of members of the board of trustees.
(7) Standards for board performance, including
compliance with all applicable laws, regulations and terms of
the charter.
(8) If the charter school entity intends to contract
with an educational management service provider for services,
20120HB2352PN3488 - 98 -
all of the following:
(i) Evidence of the education management service
provider's record in serving student populations,
including demonstrated academic achievement and
demonstrated management of nonacademic school functions,
including proficiency with public school-based
accounting, if applicable.
(ii) A term sheet setting forth all of the
following:
(A) The officers, chief administrator and
administrators of the education management service
provider.
(B) The proposed duration of the service
contract.
(C) Roles and responsibilities of the governing
board, the school staff and the educational
management service provider.
(D) The scope of services, personnel and
resources to be provided by the educational
management service provider.
(E) Performance evaluation measures and time
lines.
(F) The compensation structure, including clear
identification of all fees to be paid to the
educational management service provider.
(G) Methods of contract oversight and
enforcement.
(H) Investment disclosure or the advance of
moneys by the educational management service provider
on behalf of the charter school entity.
20120HB2352PN3488 - 99 -
(I) Conditions for renewal and termination of
the contract.
(iii) Disclosure and explanation of any existing or
potential conflicts of interest between the members of
the board of trustees and the proposed educational
management service provider or any affiliated business
entities, including a charter school foundation qualified
as a support organization under the Internal Revenue Code
of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).
(9) The mission and educational goals of the charter
school entity, the curriculum to be offered and the methods
of assessing whether students are meeting educational goals.
(10) The admission policy and criteria for evaluating
the admission of students, which shall comply with section
1726-C.
(11) Procedures which will be used regarding the
suspension or expulsion of pupils, which shall comply with
section 1318.
(12) Information on the manner in which community groups
will be involved in the charter school planning process.
(13) The financial plan for the charter school entity
and the provisions which will be made for auditing the school
under section 437, including the role of any charter school
foundation.
(14) Procedures which shall be established to review
complaints of parents regarding the operation of the charter
school entity.
(15) A description and address of the physical facility,
if already determined, in which the charter school entity
will be located, the ownership of the physical facility and
20120HB2352PN3488 - 100 -
any lease arrangements.
(16) Information on the proposed school calendar for the
charter school entity including the length of the school day
and school year, consistent with section 1502.
(17) The proposed faculty, if already determined and a
professional development and continuing education plan for
the faculty and professional staff of a charter school
entity.
(18) Whether any agreements have been entered into or
plans developed with the local school district regarding
participation of the charter school entity students in
extracurricular activities within the school district.
Notwithstanding any other provision of law, no school
district of residence shall prohibit a student of a charter
school entity from participating in any extracurricular
activity of that school district of residence if the student
is able to fulfill all of the requirements of participation
in the activity and the charter school entity does not
provide the same extracurricular activity.
(19) A report of criminal history record under section
111 for all board members, employees and volunteers
identified in the application who shall have direct contact
with students and a plan for satisfying the proper criminal
history record clearances required for all other staff.
(20) An official clearance statement regarding child
injury or abuse from the Department of Public Welfare as
required under 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to
background checks for employment in schools) for all board
members, employees and volunteers identified in the
application who shall have direct contact with students and a
20120HB2352PN3488 - 101 -
plan for satisfying the proper official clearance statement
regarding child injury or abuse required for all other staff.
(21) How the charter school entity will provide adequate
liability and other appropriate insurance for the charter
school, its employees and the board of trustees of the
charter school.
(22) Policies regarding truancy, absences and withdrawal
of students, including the manner in which the charter school
or regional charter school will monitor attendance consistent
with section 1715-C(a)(8).
(23) How the charter school will meet the standards
included in the performance matrix developed by the
commission under section 1704-C(h)(12).
(24) An indication on whether or not the charter school
entity will seek accreditation by a body recognized by the
commission under section 1704-C(h)(13).
(b) Cyber charter school application.--The commission shall
develop a standard application form for cyber charter school
applicants. In addition to the requirements of subsection (a),
an application to establish a cyber charter school shall also
include the following:
(1) An explanation of the amount of online time required
for elementary and secondary students.
(2) The manner in which teachers will deliver
instruction, assess academic progress and communicate with
students to provide assistance.
(3) A specific explanation of any cooperative learning
opportunities, meetings with students, parents and guardians,
field trips or study sessions.
(4) The technology, including types of hardware and
20120HB2352PN3488 - 102 -
software, equipment and other materials which will be
provided by the cyber charter school to the student.
(5) A description of how the cyber charter school will
define and monitor a student's school day, including the
delineation of online and offline time.
(6) A description of commercially prepared standardized
achievement tests that will be used by the cyber charter
school in addition to the Pennsylvania System of School
Assessment test, including the grade levels that will be
tested and how the data collected from the tests will be used
to improve instruction.
(7) The technical support that will be available to
students and parents or guardians.
(8) The privacy and security measures to ensure the
confidentiality of data gathered online.
(9) The methods to be used to ensure the authenticity of
student work and adequate proctoring of examinations.
(10) The provision of education and related services to
students with disabilities, including evaluation and the
development and revision of individualized educational
programs.
(11) Policies regarding truancy, absences and withdrawal
of students, including the manner in which the cyber charter
school will monitor attendance consistent with commission
policies, procedures and regulations established under
section 1704-C(h)(14) and as required under section
1715-C(a).
(12) The types and frequency of communication between
the cyber charter school and the student and the manner in
which the cyber charter school will communicate with parents
20120HB2352PN3488 - 103 -
and guardians.
(13) The addresses and ownership of all facilities and
offices of the cyber charter school and any lease
arrangements.
(c) Additional terms.--An authorizer may not impose
additional terms, develop its own application or require
additional information in contradiction of the standard
application form required under subsection (a).
(d) Limitation.--
(1) A charter school applicant shall be prohibited from
submitting an application for a charter school at a single
location to more than one authorizer at one time. Nothing in
this section shall prohibit a regional charter school from
applying to multiple authorizers as provided for under
section 1719-C.
(2) An applicant for a charter school that fails to
comply with this section may be subject to a denial of the
charter application or revocation of an approved charter.
(3) Nothing under this subsection shall prohibit an
applicant for a charter school at a single location from
submitting the same or a similar application to another
authorizer after the completion of the application process
required under section 1718-C, upon formal withdrawal of
their application with the authorizer during the application
process or the completion of the appeal process under section
1724-C.
Section 1722-C. Charter.
(a) Development.--Upon approval of an application under
section 1718-C, a written charter shall be developed which shall
contain the provisions of the application required under section
20120HB2352PN3488 - 104 -
1721-C. The charter shall be signed by the authorizer and the
board of trustees of the charter school entity. The written
charter, when duly signed by the authorizer and the school's
board of trustees, shall act as legal authorization for the
establishment and operation of a charter school entity and shall
be legally binding on both the board of trustees and on the
authorizer. A charter may be granted only for a school organized
as a public, nonprofit corporation.
(b) Amendments.--A charter school entity shall have the
ability to request amendments to its approved written charter by
filing a written document describing the requested amendment to
the authorizer. Within 30 days of its receipt of the request for
an amendment, the authorizer shall hold a public hearing on the
requested amendment under section 1720-C and 65 Pa.C.S. Ch. 7
(relating to open meetings). Within 30 days after the hearing,
the authorizer must grant or deny the requested amendment.
Failure by the authorizer to hold a public hearing and to grant
or deny the amendments within the time period specified shall be
deemed an approval. An applicant for an amendment shall have the
right to appeal the denial of a requested amendment to the
appeal board provided for under section 1724-C.
Section 1723-C. Renewal, nonrenewal and termination.
(a) Terms.--An initial written charter shall be valid for a
period of five years and shall be renewed for a period of ten
years upon reauthorization by an authorizer.
(b) Renewal process.--A charter school entity seeking
renewal shall send an intent to renew letter to the original
authorizer no later than October 1 of the final school year of
the charter school's current charter, except that an intent to
renew letter for a charter that was transferred or consolidated
20120HB2352PN3488 - 105 -
under section 1734-C must be submitted to the commission. The
authorizer shall conduct a comprehensive review of the annual
reports and assessments required under section 1731-C and, if
appropriate, renew the charter for a period of ten years. If an
authorizer fails to act upon the expiration of initial or
renewed charter, the charter shall be deemed to be renewed for a
period of ten years.
(c) Authorizer review.--
(1) During the term of the charter or at the end of the
term of the charter, the authorizer may choose to revoke or
not to renew the charter based on any of the following:
(i) One or more material violations of any of the
conditions, standards or procedures contained in the
written charter signed under section 1722-C.
(ii) Failure to meet the requirements for student
performance or failure to meet any performance standard
set forth in the written charter signed under section
1722-C.
(iii) Failure to meet generally accepted standards
of fiscal management or audit requirements.
(iv) Failure to maintain the financial ability to
continue as an ongoing concern according to generally
accepted accounting principles.
(v) Violation of any of the provisions of this
article.
(vi) Violation of any provision of law from which
the charter school entity has not been exempted,
including Federal laws and regulations governing children
with disabilities.
(vii) Failure to satisfactorily meet the performance
20120HB2352PN3488 - 106 -
standards set forth in the performance matrix developed
by the commission under section 1704-C(h)(12).
(2) If the health or safety of the school's pupils,
staff or both is at serious risk, the authorizer may take
immediate action to revoke a charter.
(d) Removal of board member or administrator.--If, after a
hearing under this section, an authorizer proves by a
preponderance of the evidence that an administrator or board
member has violated this article, the terms and conditions of
the charter or any other law, the authorizer shall have the
authority to require the charter school entity to replace the
administrator or board member in order to obtain renewal of the
charter. The authorizer may refer its findings to the district
attorney with jurisdiction or to the Office of Attorney General
for prosecution if the authorizer discovers or receives
information about possible violations of law by any person
affiliated with or employed by a charter school entity.
(e) Notice of revocation or nonrenewal.--Any notice of
revocation or nonrenewal of a charter shall state the grounds
for the action with reasonable specificity and give reasonable
notice to the board of trustees of the charter school entity of
the date on which a public hearing concerning the revocation or
nonrenewal will be held. The authorizer shall conduct the
hearing under section 1720-C and present evidence in support of
the grounds for revocation or nonrenewal stated in its notice
and give the charter school entity reasonable opportunity to
offer testimony and amendments under section 1722-C(b) before
taking final action. Formal action revoking or not renewing a
charter shall be taken by the authorizer at a public meeting
under section 1720-C and 65 Pa.C.S. Ch. 7 (relating to open
20120HB2352PN3488 - 107 -
meetings) and after the public has had 30 days to provide
comments to the members of the commission or the local board of
school directors.
(f) Dissolution.--
(1) If a charter is revoked, not renewed, forfeited,
surrendered or otherwise ceases to operate, the charter
school entity shall be dissolved. The charter school entity
shall provide its authorizer with a resolution passed by the
board of trustees identifying the name, address, e-mail
address, fax number and telephone number of the person who
has been authorized to proceed with the dissolution of the
charter school entity. The authorized person shall be
responsible for marshaling the assets of the school,
disposing of the school's liabilities and obligations and
ensuring that student records are forwarded to each student's
school district of residence as required under subsection
(g).
(2) After the disposition of any liabilities and
obligations of the charter school or regional charter school,
the person authorized under paragraph (1) shall distribute
any remaining assets of the school, both real and personal,
on a proportional basis to the school entities with students
enrolled in the charter school or regional charter school for
the last full or partial school year of the charter school or
regional charter school.
(3) After the disposition of any liabilities and
obligations of a cyber charter school, the person authorized
under paragraph (1) shall provide any remaining assets of the
cyber charter school to the department for distribution to
the school districts in which the students enrolled in cyber
20120HB2352PN3488 - 108 -
charter school reside at the time of dissolution.
(4) School entities, authorizers or the Commonwealth
shall not be liable for any outstanding liabilities or
obligations of the charter school entity.
(g) Student application.--If a charter is revoked or is not
renewed, a student who attended the charter school entity shall
be eligible to enroll in another public school in the student's
school district of residence. Normal application deadlines shall
not apply to the enrollment. All student records maintained by
the charter school entity shall be forwarded to the student's
school district of residence.
Section 1724-C. Appeal process.
(a) Establishment.--The State Charter School Appeal Board is
established and shall consist of the Secretary of Education and
the following members who shall be appointed by the Governor by
and with the consent of a majority of all the members of the
Senate:
(1) A parent of a school-aged child enrolled at a
charter school entity.
(2) A school board member.
(3) A certified teacher actively employed in a public
school.
(4) A faculty member or administrative employee of an
institution of higher education.
(5) A member of the business community.
(6) A member of the State board.
(7) An administrator of a charter school entity.
(8) A member of the board of trustees of a charter
school entity.
(b) Chairman.--The Governor shall select the chairman of the
20120HB2352PN3488 - 109 -
appeal board, who shall serve at the pleasure of the Governor.
(c) Terms.--The term of office of members of the appeal
board, other than the secretary and the parent member appointed
under subsection (a)(1), shall be for a period of four years or
until a successor is appointed and qualified, except that, of
the initial appointees, the Governor shall designate two
members to serve terms of two years, two members to serve terms
of three years and two members to serve terms of four years. A
parent member appointed under subsection (a)(1) shall serve a
term of four years as long as the member's child remains
enrolled in the charter school entity. Any appointment to fill a
vacancy shall be for the period of the unexpired term or until a
successor is appointed and qualified.
(d) Operation.--The appeal board shall meet as needed to
fulfill the purposes provided under this section. A majority of
the members of the appeal board shall constitute a quorum, and a
majority of the members of the appeal board shall have authority
to act upon any matter properly before the appeal board.
Meetings of the appeal board shall be conducted under 65 Pa.C.S.
Ch. 7 (relating to open meetings). Documents of the appeal board
shall be subject to the Right-to-Know Law. The appeal board is
authorized to establish rules for its operation.
(e) Compensation.--The members shall receive no payment for
their services. Members who are not employees of State
government shall be reimbursed for expenses incurred in the
course of their official duties from funds appropriated for the
general government operations of the department.
(f) Assistance.--The department shall provide assistance and
staffing for the appeal board. The Office of General Counsel
shall provide legal advice and assistance as the appeal board
20120HB2352PN3488 - 110 -
may require.
(g) Review by appeal board.--The following shall apply:
(1) The appeal board shall have the exclusive review of
an appeal by a charter school entity applicant or by the
board of trustees of an existing charter school entity of a
decision made by an authorizer to:
(i) Deny a charter under section 1718-C.
(ii) Deny amendments to a charter under section
1722-C.
(iii) Revoke or refuse to renew a charter under
section 1723-C.
(2) In an appeal under this subsection, the decision
made by the authorizer shall be reviewed by the appeal board.
The appeal board shall accept all appeals within 30 days of
receipt of the appeal. The appeal board shall give due
consideration to the findings of the authorizer and
specifically articulate its reasons for agreeing or
disagreeing with those findings in its written decision. The
appeal board shall have discretion to allow the authorizer
and the charter school entity applicant to supplement the
record if the supplemental information was previously
unavailable.
(3) Not later than 30 days after the date of notice of
acceptance of the appeal, the appeal board shall meet to
officially review the certified record.
(4) Not later than 60 days after the review conducted
under paragraph (2), the appeal board shall issue a written
decision affirming or denying the appeal. If the appeal board
has affirmed the decision of the authorizer, notice shall be
provided to both parties.
20120HB2352PN3488 - 111 -
(5) In the case of a review by the appeal board of an
initial application denied by an authorizer, the decision of
the appeal board to reverse the decision of the authorizer
shall serve as a requirement for the authorizer to grant the
application and sign the written charter of the charter
school under section 1722-C. If the authorizer fails to grant
the application and sign the charter within ten days of
notice of the reversal of the decision of the authorizer, the
charter shall be deemed to be approved and shall be signed by
the chairman of the appeal board.
(6) In the case of a review by the appeal board of an
amendment to a written charter denied by an authorizer, the
decision of the appeal board to reverse the decision of the
authorizer shall serve as a requirement for the authorizer to
grant the amendment and sign the revised charter of the
charter school entity under section 1722-C. If the authorizer
fails to grant the amendment and sign the revised charter
within ten days of notice of the reversal of the decision of
the authorizer, the charter shall be deemed to be approved
and shall be signed by the chairman of the appeal board.
(7) (i) In the case of a review by the appeal board of
an application that is revoked or not renewed, the appeal
board shall review the record and shall have the
discretion to supplement the record if the supplemental
information was previously unavailable.
(ii) The appeal board may consider the charter
school entity plan, annual reports, student performance
and employee and community support for the charter school
entity in addition to the record.
(iii) The appeal board shall give due consideration
20120HB2352PN3488 - 112 -
to the findings of the authorizer and specifically
articulate its reasons for agreeing or disagreeing with
those findings in its written decision.
(iv) If the appeal board determines that the charter
should not be revoked or should be renewed, the appeal
board shall order the authorizer to rescind its
revocation or nonrenewal decision.
(v) If the authorizer fails to rescind its
revocation or nonrenewal decision and sign the notice
within ten days of notice of the reversal of the decision
of the authorizer, the renewed charter shall be deemed to
be approved and shall be signed by the chairman of the
appeal board.
(8) Decisions of the appeal board shall be subject to
appellate review by Commonwealth Court.
(h) Effect of appeal.--The charter shall remain in effect
until final disposition by the court.
Section 1725-C. Facilities.
(a) Location.--A charter school entity may be located in an
existing public school building, in a part of an existing public
school building, in space provided on a privately owned site, in
a public building or in any other suitable location.
(b) Report.--The following shall apply:
(1) All school districts must submit an annual report of
the unused facilities that are owned by the school district
that may be suitable for the operation of a charter school
entity to the department no later than July 1 of each year.
(2) The department, in conjunction with the Department
of General Services, shall compile a list of unused
facilities, including unused facilities owned by the
20120HB2352PN3488 - 113 -
Commonwealth, and publish it on its Internet website by
September 1 of each year. The department shall make the list
of unused facilities available to existing charter school
entities and applicants. The list shall include the address
of each building, the name of the owner of the building and
short description of the building.
(3) Each school district shall make any unused facility
not identified in an approved district growth plan available
for lease or for sale to charter school entities operating
within that school district. The terms of the use of the
facility by the charter school entity shall be subject to
negotiation between the school district and the school and
shall be memorialized as a separate agreement between all
parties. The agreement shall outline which party is
responsible for actual costs related to the facility,
including maintenance, insurance and other factors. No school
district may charge a charter school entity greater than fair
market value price for the sale, lease or rental of the
existing facility or for property formerly used by the school
district.
(4) A charter school entity allowed to use a facility
under an agreement under this subsection may not sell or
dispose of any interest in the property without written
permission of the school district.
(5) A school district shall give a charter school entity
using a school district's unused facility at least 180 days'
notice before selling, leasing or otherwise disposing of the
unused facility to a third party. A school district which
elects to sell an unused facility to a charter school entity
shall be exempt from section 707(1), (2) and (3).
20120HB2352PN3488 - 114 -
(c) Exemption from regulations.--Except for public school
facility regulations pertaining to health or safety of students,
a charter school entity facility shall be exempt from public
school facility regulations.
(d) Multiple locations.--Notwithstanding any other provision
of this article, an authorizer, in its discretion, may permit a
charter school entity to operate at more than one location.
(e) Exemption from taxation.--The following shall apply:
(1) Notwithstanding section 204 of the act of May 22,
1933 (P.L.853, No.155), known as The General County
Assessment Law, all school property, real and personal, owned
by a charter school entity, an associated nonprofit
foundation or owned by a nonprofit corporation or associated
nonprofit corporation or nonprofit foundation and leased to a
charter school entity or associated nonprofit foundation or
associated nonprofit corporation at or below fair market
value, that is occupied and used by any charter school entity
for public school, recreation or any other purposes provided
for under this article shall be made exempt from every type
of State, county, city, borough, township or other real
estate tax, including payments in lieu of taxes established
through agreement with the Commonwealth or any local taxing
authority, as well as from all costs or expenses for paving,
curbing, sidewalks, sewers or other municipal improvements,
except that a charter school entity or owner of property
leased to a charter school entity may make a municipal
improvement in a street on which its school property abuts or
may contribute a sum toward the cost of the improvement.
(2) Any agreement entered into by a charter school
entity or associated nonprofit foundation or associated
20120HB2352PN3488 - 115 -
nonprofit corporation with the Commonwealth or a local taxing
authority for payments in lieu of taxes prior to December 31,
2009, shall be null and void.
(3) This subsection shall apply retroactively to all
charter school entities and associated nonprofit foundations
and associated nonprofit corporations that filed an appeal
from an assessment, as provided under Article V of The
General County Assessment Law prior to the effective date of
this subsection and until the time as a final order has been
entered after due process of law.
(f) Alcoholic beverages.--The following shall apply:
(1) Alcoholic beverages shall not be available for
consumption, purchase or sale in any charter school entity
facility.
(2) If the authorizer reasonably believes that alcoholic
beverages have been made available for consumption, purchase
or sale in any charter school entity facility, the authorizer
shall notify the department, which shall order the following
forfeitures against the charter school entity:
(i) $1,000 for the first violation.
(ii) $5,000 for the second or subsequent violation.
(3) The charter school entity may appeal the order of
the secretary under 2 Pa.C.S. Chs. 5 (relating to practice
and procedure) and 7 (relating to judicial review).
Section 1726-C. Enrollment and notification.
(a) Enrollment.--The following shall apply:
(1) Enrollment of students in a charter school entity
shall not be subject to a cap or otherwise limited by any
past or future action of a local board of school directors, a
special board of control, a School Reform Commission or any
20120HB2352PN3488 - 116 -
other governing authority of an authorizer.
(2) This subsection shall apply to a charter school
entity regardless of whether the charter was approved prior
to or is approved subsequent to the effective date of this
section.
(3) (i) All resident children in this Commonwealth
shall qualify for admission to a charter school entity
under paragraph (4).
(ii) If more students apply to the charter school
entity than the number of attendance slots available in
the school, students shall be selected on a random basis
from a pool of qualified applicants meeting the
established eligibility criteria and submitting an
application by the deadline set by the school, except
that the school may give preference in enrollment to a
child of a parent who actively participated in
development of the school, siblings of students presently
enrolled in the school and siblings of students selected
for enrollment during the lottery process. For charter
schools and regional charter schools, first preference
shall be given to students who reside in the district or
districts where the school is located.
(4) (i) A charter school entity shall not discriminate
in its admission policies or practices on the basis of
any of the following:
(A) Except as provided under subparagraph (ii),
intellectual ability.
(B) Athletic ability.
(C) Measures of achievement or aptitude.
(D) Status as a person with a disability.
20120HB2352PN3488 - 117 -
(E) Proficiency in the English language.
(F) Any other basis that would be illegal if
utilized by a school district.
(ii) A charter school entity may limit admission to
a particular grade level, a targeted population group
composed of at-risk students or one or more areas of
concentration such as mathematics, language, science or
the arts.
(iii) A charter school entity may establish
reasonable criteria to evaluate prospective students
which shall be outlined in the school's charter.
(5) If there is available classroom space, a charter
school or regional charter school may enroll nonresident
students on a space-available basis and the student's school
district of residence shall permit the student to attend the
charter school. Terms and conditions of enrollment shall be
outlined in the school's charter.
(6) The commission shall develop and issue a standard
enrollment form that shall be used by all charter school
entities. A charter school entity may not impose additional
terms or require additional information outside the standard
enrollment form.
(b) Notification.--The following shall apply:
(1) Within ten days of enrollment of a student to a
charter school entity, the school shall notify the student's
school district of residence of the enrollment through the
use of a notification form developed by the commission. The
notification shall include:
(i) The name, home address and mailing address of
the student.
20120HB2352PN3488 - 118 -
(ii) The grade in which the student is being
enrolled.
(iii) The date the student will be enrolled.
(iv) The name and address of the charter school
entity and the name and telephone number of a contact
person able to provide information regarding the school.
(v) The signature of the parent or legal guardian of
the student and an authorized representative of the
charter school entity.
(2) If a school district which has received notice under
paragraph (1) determines that it is not the school district
of residence for the student, the following shall apply:
(i) Within ten days of receipt of the notice under
paragraph (1), the school district shall notify the
charter school entity and the department that the school
district is not the school district of residence for the
student. Notification of nonresidence shall include the
basis for the determination.
(ii) Within seven days of notification under
subparagraph (i), the charter school entity shall review
the notification of nonresidence, respond to the school
district and provide a copy of the response to the
department. If the charter school entity agrees that the
school district is not the school district of residence
for the student, it shall determine the proper school
district of residence for the student.
(iii) Within seven days of receipt of a response
under subparagraph (ii), the school district shall notify
the charter school entity that it agrees or does not
agree with the school's determination.
20120HB2352PN3488 - 119 -
(iv) A school district that has notified the charter
school entity that it does not agree shall appeal to the
department for a final determination.
(v) Decisions of the department regarding the school
district of residence of a student shall be subject to
review by Commonwealth Court.
(vi) The secretary shall continue to make payments
to a charter school entity under section 1728-C 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 charter school entity shall return all
funds provided on behalf of that student to the school
district of residence within 30 days.
(3) (i) Within ten days of receipt of the notification
form under paragraph (1), the school district of
residence shall provide the charter school entity with
all records relating to the student, including
transcripts, test scores and a copy of any individualized
educational program for that student.
(ii) If a school district of residence fails to
provide the student's record within 30 days after
receiving the documentation from the charter school
entity, the secretary shall deduct and pay to the charter
school entity the estimated amount, as documented by the
charter school entity, from all State payments made to
the district or, if no payments have been made to the
district, from all State payments reasonably expected to
be made, after receipt of documentation from the charter
20120HB2352PN3488 - 120 -
school entity.
(iii) The district from which the estimated payment
has been deducted under subparagraph (ii) may request a
hearing from the department which the secretary shall
hold within 30 days of the request. The secretary shall
render a decision after the hearing and shall not
delegate this duty unless there is a conflict from which
the secretary must recuse himself after full disclosure.
(iv) The district shall be liable for reasonable
legal fees incurred by a charter school entity in
attempting to obtain student records.
(v) Supersedeas may not be granted to the department
or the school district and, absent a court order, the
department may not hold any payments to a charter school
entity in escrow.
(c) Withdrawal.--The charter school entity and parent or
guardian of a student enrolled in the school shall provide
written notification to the student's school district of
residence within ten days after withdrawal of a student from the
charter school entity.
Section 1727-C. School staff.
(a) Terms of employment.--
(1) The board of trustees of a charter school entity
shall determine the level of compensation and all terms and
conditions of employment of the staff except as otherwise
provided under this article.
(2) At least 75% of the professional staff members of a
charter school entity shall hold appropriate State
certification.
(3) Employees of a charter school entity may organize
20120HB2352PN3488 - 121 -
under the act of July 23, 1970 (P.L.563, No.195), known as
the Public Employe Relations Act.
(4) The board of trustees of a charter school entity
shall be considered an employer for purposes of Article XI-A.
Upon formation of one or more collective bargaining units at
the school, the board of trustees shall bargain with the
employees based on this article, Article XI-A and the Public
Employe Relations Act.
(5) Collective bargaining units at a charter school
entity shall be separate from any collective bargaining unit
of the school district in which the school is located from
any other collective bargaining unit.
(6) A charter school entity organized as a collective
bargaining unit shall be considered a school entity as
provided for under section 1161-A for the purpose of the
secretary's seeking an injunction requiring the charter
school entity to meet the minimum requirements for
instruction as provided for under this article.
(b) Charter applications.--Each charter application shall
list the general qualifications needed to staff any noncertified
positions. Professional employees who do not hold appropriate
State certification must present evidence that they:
(1) meet the qualifications under sections 1109 and
1209; and
(2) have demonstrated satisfactorily a combination of
experience, achievement and qualifications as defined in the
charter school application in basic skills, general
knowledge, professional knowledge and practice and subject
matter knowledge in the subject area which an individual will
teach.
20120HB2352PN3488 - 122 -
(c) Employees.--
(1) All employees of a charter school entity shall be
enrolled in the Public School Employees' Retirement System in
the same manner as set forth under 24 Pa.C.S. § 8301(a)
(relating to mandatory and optional membership) unless at the
time of the application for the charter school entity the
sponsoring district or the board of trustees of the charter
school entity has a retirement program which covers the
employees or the employee is currently enrolled in another
retirement program.
(2) The Commonwealth shall make contributions on behalf
of charter school entity employees enrolled in the Public
School Employees' Retirement System. The charter school
entity shall be considered a school district and shall make
payments by employers to the Public School Employees'
Retirement System and payments on account of Social Security
as established under 24 Pa.C.S. Pt. IV (relating to
retirement for school employees).
(3) The market value/income aid ratio used in
calculating payments as prescribed under this subsection
shall be the market value/income aid ratio for the school
district in which the charter school is located or, in the
case of a regional charter school or cyber charter school,
shall be a composite market value/income aid ratio for the
participating school districts as determined by the
department.
(4) Except as otherwise provided, employees of a charter
school entity shall make regular member contributions as
required for active members under 24 Pa.C.S. Pt. IV.
(5) If the employees of the charter school entity
20120HB2352PN3488 - 123 -
participate in another retirement plan, those employees shall
have no concurrent claim on the benefits provided to public
school employees under 24 Pa.C.S. Pt. IV.
(6) For purposes of this subsection, a charter school
entity shall be deemed to be a "public school" as defined in
24 Pa.C.S. § 8102 (relating to definitions).
(d) Benefits.--
(1) Every employee of a charter school shall be provided
similar health care benefits as the employee would be
provided if he or she were an employee of the local district.
(2) The local board of school directors may require the
charter school to provide similar terms and conditions with
regard to health insurance as the collective bargaining
agreement of the school district to include employee
contributions to the district's health benefits plan.
(3) The charter school shall make any required
employer's contribution to the district's health plan to an
insurer, an authorizer or a contractual representative of
school employees, whichever is appropriate to provide the
required coverage.
(e) Leave of absence.--A public school employee of a school
entity may request a leave of absence for up to five years in
order to work in a charter school located in the district of
employment, in a cyber charter school or in a regional charter
school in which the employing school district is a participant.
Approval for a leave shall not be unreasonably withheld.
(f) Temporary employees.--
(1) Temporary professional employees on leave from a
school district may accrue tenure in the noncharter public
school system at the discretion of the local board of school
20120HB2352PN3488 - 124 -
directors in the same manner as they would under Article XI
if they had continued to be employed by that district.
(2) Professional employees on leave from a school
district shall retain their tenure rights, as provided for in
Article XI, in the school entity from which they came. No
temporary professional employee or professional employee
shall have tenure rights against a charter school entity.
(3) Both temporary professional employees and
professional employees shall continue to accrue seniority in
the school entity from which they came if they return to that
school entity when the leave ends.
(g) Professional employees.--Professional employees who hold
a first-level teaching or administrative certificate may, at
their option, have the time completed in satisfactory service in
a charter school entity applied to the length of service
requirements for the next level of certification.
(h) Right to return.--The following shall apply:
(1) (i) A temporary professional employee or
professional employee who leaves employment at a charter
school entity shall have the right to return to a
comparable position for which the person is properly
certified in the school entity which granted the leave of
absence.
(ii) If a teacher has been dismissed by the charter
school entity, the school entity that granted the leave
of absence shall be provided by the charter school entity
with the reasons for the dismissal at the time it occurs,
a list of any witnesses who were relied on by the charter
school entity in moving for dismissal, a description of
and access to any physical evidence used by the charter
20120HB2352PN3488 - 125 -
school entity in moving for dismissal and a copy of any
record developed at any dismissal proceeding conducted by
the charter school entity.
(iii) The record of the hearing may be admissible in
a hearing before the school entity which granted the
leave of absence.
(iv) Nothing under this section shall affect the
authority of the board of school directors to initiate
proceedings under Article XI if the board determines that
occurrences at the charter school entity leading to
dismissal of a teacher constitute adequate and
independent grounds for discipline under section 1122.
(2) No temporary employee or professional employee who
is leaving employment at a charter school entity shall be
returned to a position in the public school district that
granted his leave of absence until the public school district
is in receipt of a current criminal history record under
section 111 and the official clearance statement regarding
child injury or abuse from the Department of Public Welfare
as required under 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to
background checks for employment in schools).
(i) Criminal history.--All individuals who have direct
contact with students shall be required to submit a report of
criminal history record information required under section 111
prior to accepting a position with the charter school entity.
This subsection shall apply to all individuals who have direct
contact with students, including volunteers who work on a full-
time or part-time basis at the charter school entity.
(j) Official clearance statement.--All applicants for a
position as a school employee and any individual who volunteers
20120HB2352PN3488 - 126 -
to work on a full-time or part-time basis at a charter school
entity shall be required to submit the official clearance
statement regarding child injury or abuse from the Department of
Public Welfare as required under 23 Pa.C.S. Ch. 63 Subch. C.2.
Section 1728-C. Funding.
(a) General rule.--Funding for a charter school entity shall
be provided in the following manner:
(1) There shall be no tuition charge for a resident or
nonresident student attending a charter school entity.
(2) (i) For nonspecial education students, the charter
school entity shall receive for each student enrolled no
less than the budgeted total expenditure per average
daily membership of the prior school year, as defined in
section 2501(20), minus the budgeted expenditures of the
district of residence for all of the following:
(A) Nonpublic school programs.
(B) Adult education programs.
(C) Community and junior college programs.
(D) Student transportation services when
provided to the charter school entity.
(E) Programs and services to the extent they are
funded from the proceeds of competitive grants from
private or public sources or from contributions or
donations from private sources.
(F) Special education programs.
(G) Facilities acquisition, construction and
improvement services.
(H) Other financing uses, including debt service
and fund transfers as provided in the Manual of
Accounting and Related Financial Procedures for
20120HB2352PN3488 - 127 -
Pennsylvania School Systems established by the
department. The amount shall be calculated by each
school district on a form prescribed by the secretary
in accordance with this section. The secretary, upon
receipt of a district's calculation, shall review the
district's calculation and may request supporting
documentation from the district regarding its
calculation. If the secretary finds an error or
discrepancy in a district's calculation, the
secretary shall require the district to correct the
calculation and require the school district to notify
affected charter schools.
(ii) (A) The amount under subparagraph (i) shall be
paid by the school district of residence of each
student by deduction and transfer from all State
payments to the district as provided under paragraph
(5).
(B) If a charter school entity disputes the
accuracy of a district's calculation under this
paragraph, the charter school entity shall file a
notice of the dispute with the secretary who shall
hold a hearing to determine the accuracy of the
district's calculation within 30 days of the notice.
(C) The secretary shall determine the accuracy
of the district's calculation within 30 days of the
hearing.
(D) The district shall bear the burden of
production and proof with respect to its calculation
under this paragraph.
(E) The district shall be liable for the
20120HB2352PN3488 - 128 -
reasonable legal fees incurred by a charter school
entity if the charter school entity is the
substantially prevailing party after a hearing under
this section. The charter school entity shall be
liable for the reasonable legal fees incurred by the
district if the district is the substantially
prevailing party after a hearing under this section.
(F) All decisions of the secretary under this
paragraph shall be subject to appellate review by
Commonwealth Court.
(3) (i) For special education students, the charter
school entity shall receive for each student enrolled the
same funding as for each nonspecial education student as
provided under paragraph (2), plus an additional amount
determined by dividing the school district of residence's
total special education expenditure by the product of
multiplying the combined percentage of section 2509.5(k)
applicable to the school year times the school district
of residence's total average daily membership for the
prior school year.
(ii) The amount under subparagraph (i) shall be paid
by the school district of residence of each student by
deduction and transfer from all State payments to the
district as provided under paragraph (5).
(iii) If a charter school entity disputes the
accuracy of a district's calculation under this
paragraph, the charter school entity shall file a notice
of the dispute with the secretary, who shall hold a
hearing to determine the accuracy of the district's
calculation within 30 days of the notice.
20120HB2352PN3488 - 129 -
(iv) The secretary shall determine the accuracy of
the district's calculation within 30 days of the hearing.
(v) The district shall bear the burden of production
and proof with respect to its calculation under this
paragraph.
(vi) The district shall be liable for the reasonable
legal fees incurred by a charter school entity if the
charter school entity is the substantially prevailing
party after a hearing under this section. The charter
school entity shall be liable for the reasonable legal
fees incurred by the school district if the district is
the substantially prevailing party after a hearing under
this section.
(vii) All decisions of the secretary under this
section shall be subject to appellate review by
Commonwealth Court.
(4) A charter school entity may request the intermediate
unit or school district in which the school is located to
provide services to assist the school to address the specific
needs of nonspecial education and exceptional students. The
intermediate unit or school district shall assist the charter
school entity and bill the school for the services. The
intermediate unit may not charge the charter school entity
more for any service than it charges the constituent
districts of the intermediate unit. Nothing under this
section shall preclude an intermediate unit or school
district from contracting with a charter school entity to
provide the intermediate unit or school district with
services to assist the intermediate unit or school district
to address specific needs of nonspecial education and special
20120HB2352PN3488 - 130 -
education students.
(5) (i) Payments shall be made to the charter school
entity in 12 equal monthly payments, by the fifth day of
each month, within the operating school year.
(ii) Payments shall be made by the secretary
deducting and paying to the charter school entity the
estimated amount, as documented by the charter school
entity, from all State payments made to the district or
if no payments have been made to the district, from all
State payments reasonably expected to be made, after
receipt of documentation from the charter school entity
as to its enrollment.
(iii) If there are insufficient State payments being
made to a district to cover all charter school entity
deductions and transfers, the district shall be
responsible for paying the unpaid balance directly to the
charter school entity by the 15th day of each month.
(iv) A student enrolled in a charter school entity
shall be included in the average daily membership of the
student's school district of residence for the purpose of
providing basic education funding payments and special
education funding under Article XXV.
(6) (i) Within 30 days after the secretary transfers
the funds described under paragraph (5), a school
district may notify the secretary that the deduction made
from State payments to the district under this subsection
is inaccurate.
(ii) The secretary shall provide the school district
with an opportunity to be heard concerning whether the
charter school entity documented that its students were
20120HB2352PN3488 - 131 -
enrolled in the charter school entity, the period of time
during which each student was enrolled, the school
district of residence of each student and whether the
amounts deducted from the school district were accurate.
(iii) The burden of proof and production at the
hearing shall be on the school district. A hearing shall
not be held before the secretary deducts and transfers to
the charter school entity the amount estimated by the
charter school entity.
(iv) The district shall be liable for the reasonable
legal fees incurred by a charter school entity if the
charter school entity is the substantially prevailing
party after a hearing under this section. The charter
school entity shall be liable for the reasonable legal
fees incurred by the district if the district is the
substantially prevailing party after a hearing under this
section.
(v) All decisions of the secretary under this
section shall be subject to appellate review by
Commonwealth Court.
(vi) Supersedeas shall not be granted to the
secretary or any party to the proceeding on an appeal
from the decision of the secretary under this section
and, absent a court order, the secretary shall not hold
any payments in escrow.
(b) Gifts and donations.--It shall be lawful for any charter
school entity to receive, hold, manage and use, absolutely or in
trust, any devise, bequest, grant, endowment, gift or donation
of any property, real or personal and mixed, which shall be made
to the charter school entity for any purpose of this article.
20120HB2352PN3488 - 132 -
(c) Requests or demands for gifts.--It shall be unlawful for
any trustee of a charter school entity or any board of trustees
of a charter school entity or any other person affiliated in any
way with a charter school entity to demand or request, directly
or indirectly, any gift, donation or contribution of any kind
from any parent, teacher, employee or any other person
affiliated with the school as a condition for employment or
enrollment and continued attendance of any pupil. Any donation,
gift or contribution received by a charter school entity must be
given freely and voluntarily.
(d) Discounts.--A cyber charter school shall not provide
discounts to a school district or waive payments under this
section for any student.
Section 1729-C. Transportation.
(a) General rules.--
(1) Except as provided under paragraph (2), students who
attend any of the following shall be provided free
transportation to the charter school or regional charter
school by their school district of residence on the dates and
periods that the charter school or regional charter school is
in session whether or not transportation is provided on the
dates and periods to students attending schools of the
district:
(i) A charter school located in their school
district of residence.
(ii) A regional charter school of which the school
district is a part.
(iii) A charter school located outside district
boundaries at a distance not exceeding ten miles by the
nearest public highway.
20120HB2352PN3488 - 133 -
(2) (i) Except as provided under subparagraph (ii),
transportation shall not be required for elementary
students, including kindergarten students, residing
within one and one-half miles or for secondary students
residing within two miles of the nearest public highway
from the charter school or regional charter school in
which the students are enrolled unless the road or
traffic conditions are such that walking constitutes a
hazard to the safety of the students when certified by
the Department of Transportation.
(ii) If the school district provides transportation
to the public schools of the school district for
elementary students, including kindergarten students,
residing within one and one-half miles or for secondary
students residing within two miles of the nearest public
highway under nonhazardous conditions, transportation
shall be provided to charter schools and regional charter
schools under the same conditions.
(3) Districts providing transportation to a charter
school or regional charter school outside the district and,
for the 2007-2008 school year and each school year
thereafter, districts providing transportation to a charter
school or regional charter school within the district shall
be eligible for payments under section 2509.3 for each public
school student transported. A school district shall not be
responsible for providing transportation to a charter school
or regional charter school located outside the borders of
this Commonwealth.
(4) If a school district does not provide transportation
to a charter school or regional charter school student
20120HB2352PN3488 - 134 -
because the student's placement is outside the district
boundaries at a distance of more than ten miles by the
nearest public highway, when determining the per pupil
subsidy to be paid under section 1728-C by the school
district to the charter school or regional charter school for
that student, the district shall not be entitled to subtract
its student transportation services expenses.
(b) School districts of the first class.--In addition to any
other requirements under this section, school districts of the
first class shall provide transportation to students who attend
a charter school or regional charter school if they are the same
age or are enrolled in the same grade, grades or their grade
equivalents as any of the students of the school district for
whom transportation is provided under any program or policy to
the schools of the school district.
(c) Students with disabilities.--
(1) In addition to any other requirements under this
section, the school district of residence of a student who is
eligible under the Individuals with Disabilities Education
Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) or is a
protected student with disabilities under section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. §
701 et seq.) who is enrolled in a charter school entity shall
be responsible for providing free transportation to the
charter school entity student to any alternative location,
school or building in which the charter school entity student
has been alternatively placed, provided that the alternative
locations, schools or buildings are located within the
district boundaries or outside the district boundaries at a
distance not exceeding ten miles by the nearest public
20120HB2352PN3488 - 135 -
highway.
(2) The transportation under paragraph (1) shall be
provided on the dates and periods as required by the
student's individualized educational program or section 504
of the Rehabilitation Act of 1973 service agreement whether
or not transportation is provided on the dates and periods to
students attending schools of the district.
(3) If a school district does not provide transportation
to an alternatively placed student because the student's
alternative placement is outside the district boundaries at a
distance of more than ten miles by the nearest public
highway, when determining the per pupil subsidy to be paid
under section 1728-C by the school district to the charter
school entity for that student, the district shall not be
entitled to subtract its student transportation services
expenses.
(d) Payment.--
(1) If the secretary determines that a school district
is not providing the required transportation to students to
the charter school entity the department shall pay directly
to the charter school entity funds for costs incurred in the
transportation of its students.
(2) For each eligible student transported, the charter
school entity shall receive a payment equal to the total
expenditures for transportation of the school district
divided by the total number of school students transported by
the school district under any program or policy.
(3) Within 30 days after receipt of the documentation
from the charter school entity, the secretary shall deduct
and pay the charter school entity the estimated amount, as
20120HB2352PN3488 - 136 -
documented by the charter school entity from the State
payment made to the district for transportation.
(4) The district from which the estimated transportation
payment has been deducted may request a hearing from the
department which the secretary shall hold within 30 days of
the request.
(5) The secretary shall render a decision after the
hearing and shall not delegate this duty unless there is a
conflict from which he must recuse himself after full
disclosure.
(6) The district shall be liable for the reasonable
legal fees incurred by a charter school entity in attempting
to obtain payment by the district.
(7) The charter school entity shall be liable for the
reasonable legal fees incurred by the district if the
district is the substantially prevailing party after a
hearing under this section.
(8) Supersedeas shall not be granted to the department
or the school district and, absent a court order, the
department shall not hold any payments in escrow.
(e) Current transportation policy.--A school district of the
first class shall submit a copy of its current transportation
policy to the department no later than August 1 of each year.
Section 1730-C. Tort liability.
For purposes of tort liability, employees of the charter
school entity shall be considered public employees and the board
of trustees shall be considered the public employer in the same
manner as political subdivisions and local agencies. The board
of trustees of a charter school entity and the charter school
entity shall be solely liable for all damages of any kind
20120HB2352PN3488 - 137 -
resulting from any legal challenge involving the operation of a
charter school entity. Notwithstanding this section, the local
board of directors of a school entity or an authorizer may not
be held liable for any activity or operation related to the
program of the charter school entity.
Section 1731-C. Annual reports and assessments.
(a) Duty.--
(1) The authorizer shall annually assess on a standard
form developed by the commission whether each charter school
entity is meeting the goals of its charter and shall conduct
a comprehensive review prior to the renewal process as
outlined in section 1723-C.
(2) The authorizer shall have ongoing reasonable access
to the records and facilities of the charter school entity to
ensure that the school is in compliance with its charter,
this article and that the requirements for testing, civil
rights and student health and safety are being met. Ongoing
reasonable access to a charter school entity's records shall
mean that the authorizer shall have access to records such as
financial reports, financial audits, aggregate standardized
test scores without student identifying information and
teacher certification and personnel records.
(3) Schools and their authorizers shall comply fully
with the requirements of the Family Educational Rights and
Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g)
and associated regulations.
(4) No personally identifiable information from
education records shall be provided by the charter school
entity to its authorizer except in compliance with the Family
Educational Rights and Privacy Act of 1974.
20120HB2352PN3488 - 138 -
(b) Annual report.--
(1) In order to facilitate the authorizer's review, each
charter school entity shall submit an annual report on a
standard form developed by the commission no later than
September 1 of each year to the authorizer. Within ten days
of receipt of the annual report, the authorizer shall certify
to the charter school entity that the annual report has been
received with an indication of the date of receipt. Within 30
days of the date of receipt, the authorizer shall certify to
the charter school entity that the annual report has been
reviewed and is complete or alternatively, has been reviewed
and is missing specific information referenced in the
certification.
(2) For fiscal year 2013-2014 and each fiscal year
thereafter, all authorizers shall submit an annual financial
report on a standard form developed by the commission to the
Governor's Office of the Budget, the Appropriations Committee
of the Senate, the Appropriation Committee of the House of
Representatives, the Education Committee of the Senate and
the Education Committee of the House of Representatives no
later than October 1 of each year. The financial report shall
list all oversight activities performed by the authorizer in
the previous year, as well as a financial accounting of all
staff and resources used for oversight activities for each
charter school entity chartered by the authorizer. The annual
financial report under this paragraph shall be a public
document under the Right-to-Know Law and shall be made
available on the authorizer's Internet website.
(c) Independent audit committee.--Every charter school
entity shall form an independent audit committee of its board
20120HB2352PN3488 - 139 -
members that shall review at the close of each fiscal year a
complete certified audit of the operations of the charter school
entity. The audit shall be conducted by a qualified independent
certified public accountant as selected from a list of approved
providers established by the commission. The audit shall be
conducted under generally accepted audit standards of the
Governmental Accounting Standards Board (GASB) and shall include
the following:
(1) An enrollment test to verify the accuracy of student
enrollment and reporting to the Commonwealth.
(2) Full review of expense reimbursements for board
members and administrators, including sampling of all
reimbursements.
(3) Review of internal controls, including review of
receipts and disbursements.
(4) Review of annual Federal and State tax filings,
including the Internal Revenue Service Code Form 990, Return
of Organization Exempt from Income Tax, and all related
schedules and appendices for the charter school entity and
charter school foundation, if applicable.
(5) Review of the financial statements of any charter
school foundation which shall be included in the independent
audit.
(6) Review of the selection and acceptance process of
all contracts publicly bid under section 751.
(7) Review of all board policies and procedures with
regard to internal controls, code of ethics, conflicts of
interest, whistle-blower protections, complaints from parents
or the public, compliance with 65 Pa.C.S. Ch. 7 (relating to
open meetings), compliance with the Right-to-Know Law,
20120HB2352PN3488 - 140 -
finances, budgeting, audits, public bidding and bonding.
(8) Any other test the commission deems appropriate.
(d) Public document.--The certified audit under subsection
(c) and the annual budget under subsection (f) shall be public
documents under the Right-to-Know Law and shall be made
available on the authorizer's Internet website and the charter
school entity's Internet website, if applicable.
(e) Annual audit.--Charter school entities may be subject to
an annual audit by the Auditor General, in addition to any other
audits required by Federal law or this article.
(f) Annual budget.--Charter school entities shall annually
provide the authorizer and the department with a copy of the
annual budget for the operation of the school that identifies
the following:
(1) The source of funding for all expenditures as part
of its reporting under subsection (a).
(2) If funding is provided by a charter school
foundation, the amount of funds and a description of the use
of the funds.
(3) The salaries of all administrators of the charter
school entity.
(4) All expenditures to an educational management
service provider.
(g) Tax filings.--Notwithstanding any other provision of
law, the charter school entity and any affiliated charter school
foundations shall make copies of its annual Federal and State
tax filings available upon request and on the foundation's or
school's Internet website, if applicable, including Internal
Revenue Service Code Form 990, Return of Organization Exempt
from Income Tax, and all related schedules and appendices. The
20120HB2352PN3488 - 141 -
charter school foundation shall make copies of its annual budget
available upon request and on the foundation's or the school's
Internet website within 30 days of the close of the foundation's
fiscal year. The annual budget shall include the salaries of all
employees of the charter school foundation.
Section 1732-C. Desegregation orders.
If a school district is operating under a desegregation plan
approved by the Pennsylvania Human Relations Commission or a
desegregation order by a Federal or State court, an authorizer
shall not approve a charter school entity application if the
school would place the school district in noncompliance with its
desegregation order.
Section 1733-C. Applicable provisions.
(a) Charter school entities.--Charter school entities shall
be subject to the following:
(1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
436, 443, 510, 518, 527, 708, 736, 737, 738, 739, 740, 741,
752, 753, 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a),
1205.1, 1205.2, 1205.3, 1205.5, 1301, 1302, 1310, 1317,
1317.1, 1317.2, 1318, 1327, 1330, 1332, 1513, 1517, 1518,
1521, 1523, 1531, 1547, 2014-A, Articles XIII-A and XIV.
(2) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(3) The act of July 17, 1961 (P.L.776, No.341), known as
the Pennsylvania Fair Educational Opportunities Act.
(4) The act of July 19, 1965 (P.L.215, No.116), entitled
"An act providing for the use of eye protective devices by
persons engaged in hazardous activities or exposed to known
dangers in schools, colleges and universities."
(5) Section 4 of the act of January 25, 1966 (1965
20120HB2352PN3488 - 142 -
P.L.1546, No.541), entitled "An act providing scholarships
and providing funds to secure Federal funds for qualified
students of the Commonwealth of Pennsylvania who need
financial assistance to attend postsecondary institutions of
higher learning, making an appropriation and providing for
the administration of this act."
(6) The act of July 12, 1972 (P.L.765, No.181), entitled
"An act relating to drugs and alcohol and their abuse,
providing for projects and programs and grants to educational
agencies, other public or private agencies, institutions or
organizations."
(7) The act of December 15, 1986 (P.L.1595, No.175),
known as the Antihazing Law.
(8) The Right-to-Know Law.
(9) 65 Pa.C.S. Ch. 7 (relating to open meetings).
(10) 65 Pa.C.S. Ch. 11 (relating to ethics standards and
financial disclosure).
(b) Construction projects and related work.--Boards of
trustees and contractors of charter school entities shall be
subject to the following statutory requirements governing
construction projects and construction-related work:
(1) Sections 751 and 751.1.
(2) Sections 756 and 757 insofar as they are consistent
with the act of December 20, 1967 (P.L.869, No.385), known as
the Public Works Contractors' Bond Law of 1967.
(c) Charter schools.--Charter schools and regional charter
schools shall be subject to sections 1205.4, 1303 and 1317.3.
(d) Regulations.--Charter school entities shall be subject
to the following provisions of 22 Pa. Code (relating to
education):
20120HB2352PN3488 - 143 -
(1) Chapter 4 (relating to academic standards and
assessment).
(2) Chapter 11 (relating to student attendance).
(3) Chapter 12 (relating to students and student
services).
(4) Section 32.3 (relating to assurances).
(5) Section 121.3 (relating to discrimination
prohibited).
(6) Section 235.4 (relating to practices).
(7) Section 235.8 (relating to civil rights).
(8) Chapter 711 (relating to charter school and cyber
charter school services and programs for children with
disabilities).
Section 1734-C. Effect on certain existing charter school
entities.
(a) General rule.--A charter school or regional charter
school approved by a local board of school directors, a special
board of control or a School Reform Commission prior to the
effective date of this section shall continue to operate under
the current charter. All charter schools or regional charter
schools approved after the effective date of this section shall
be in full compliance with this article.
(b) Expiration of charters approved under this article.--
Upon expiration of its charter, a charter school or regional
charter school approved under section 1718-C or 1719-C shall
seek renewal of its charter from the original authorizer. The
charter shall be amended as needed to reflect the requirements
of this article. Any renewal that takes effect after June 30,
2013, shall be for the term specified under section 1723-C(b).
(c) Transfer of charter.--
20120HB2352PN3488 - 144 -
(1) A charter school or regional charter school approved
by a local board of school directors, a special board of
control or a School Reform Commission prior to the effective
date of this section may transfer its charter to the
oversight of the commission at any time after June 30, 2013.
(2) The board of trustees of the charter school or
regional charter school shall submit the school's current
charter and annual reports to the commission and request that
the commission become the authorizer of the charter school or
regional charter school.
(3) Upon receipt of a transfer request and all necessary
documentation as required by the commission, the request
shall be deemed approved unless, within 30 days of that date,
the commission schedules a public hearing concerning the
transfer request.
(4) The transfer under paragraph (3) shall be presumed
approved and be denied only if the commission determines that
the charter school or regional charter school would otherwise
be subject to revocation or nonrenewal pursuant to the
criteria in section 1723-C(c).
(5) The commission shall conduct the hearing under
section 1720-C, present evidence in support of the transfer
denial stated in its notice and give the charter school or
regional charter school reasonable opportunity to offer
testimony before taking final action.
(6) If a hearing does occur relating to a school's
transfer request, formal action approving or denying the
transfer shall be taken by the commission at a public meeting
under section 1720-C and 65 Pa.C.S. Ch. 7 (relating to open
meetings) after the public has had 30 days to provide
20120HB2352PN3488 - 145 -
comments to the members of the commission.
(7) If the commission denies the transfer, the decision
shall not act as revocation or nonrenewal of the current
charter, nor shall the proceedings and commission decision
related to the transfer be used as evidence in any revocation
or nonrenewal proceedings conducted by an authorizer.
(8) If the commission approves the transfer, the
commission shall provide notification by certified board
resolution to the local board of school directors, the
special board of control or the School Reform Commission
which initially approved the charter.
(9) No later than 30 days after receipt of the certified
board resolution under paragraph (8), the local board of
school directors, the special board of control or the School
Reform Commission which initially approved the charter shall
transfer to the commission all records regarding oversight of
the charter school or regional charter school.
(10) The school's charter term shall remain in effect
until the time of expiration, at which time the commission
shall undertake a comprehensive review under section 1731-
C(a).
(11) The appeal board shall have exclusive review of an
appeal by a charter school or regional charter school of a
decision made by the commission to deny a charter transfer.
(d) Existing cyber charter schools.--A cyber charter school
approved by the department prior to the effective date of this
section shall continue to operate under the current charter,
except that all oversight shall be transferred to the commission
beginning July 1, 2013.
(e) Expiration of existing charters.--Upon expiration of its
20120HB2352PN3488 - 146 -
charter, a cyber charter school approved prior to the effective
date of this section shall seek renewal of its charter from the
commission under this article. The charter shall be amended as
needed to reflect the requirements of this article. All cyber
charter schools approved or renewed after the effective date of
this section shall be in full compliance with this article.
(f) Merger.--
(1) A charter school that was approved by a local board
of school directors, a special board of control or a School
Reform Commission prior to the effective date of this
section, which chooses to merge into a multiple charter
school organization under section 1735-C, may apply to the
commission to consolidate all affiliated school charters into
a single charter.
(2) A charter school that within either of the most
recent two school years has failed to meet the requirements
for student performance set forth in the 22 Pa. Code Ch. 4
(relating to academic standards and assessment) or which has
failed to meet accepted standards of fiscal management or
audit requirements or does not meet the standards set forth
by the Matrix established under section 1704-C(h)(12), shall
not be eligible to consolidate or merge with another charter
school unless the merger or consolidation includes a charter
school demonstrating such requirements of academic and fiscal
performance over the most recent two school years.
(3) The board of trustees of each charter school shall
jointly submit their charter school's current charter and
annual report to the commission and request that the
commission become the authorizer of the multiple charter
school organization.
20120HB2352PN3488 - 147 -
(4) Upon receipt of the consolidation and transfer
request and all necessary documentation as required by the
commission, the commission shall have 30 days to approve or
deny the consolidation and transfer request by a majority
vote. If the commission approves the consolidation and
transfer, the commission shall provide notification by
certified board resolution to the local board of school
directors, the special board of control or the School Reform
Commission which initially approved the charter.
(5) No later than 30 days after the receipt of the
certified board resolution, the local board of school
directors, the special board of control or the School Reform
Commission which initially approved the charter shall
transfer to the commission all records regarding oversight of
the charter school.
(6) The school's charter term shall remain in effect
until the time of expiration, at which time the commission
will undertake a comprehensive review prior to granting a
ten-year charter renewal.
Section 1735-C. Multiple charter school organization.
(a) Establishment.--
(1) Subject to the requirements of section 1734-C(f),
two or more charter schools may merge or consolidate under 15
Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations)
into a multiple charter school organization. Nothing under
this article shall preclude a single charter school with an
existing charter and with a demonstrated rate of success in
the areas of academics, operations, finances and governance
from simultaneously filing an application with the commission
to operate an additional charter school and an application to
20120HB2352PN3488 - 148 -
operate as a multiple charter school organization.
(2) The multiple charter school organization shall be:
(i) granted a single charter to operate two or more
individual charter schools under the oversight of a
single board of trustees and a chief administrator who
shall oversee and manage the operation of the individual
charter schools under its organization;
(ii) considered a charter school; and
(iii) subject to all of the requirements of this
article unless otherwise provided for under this section.
(3) Nothing under this subsection shall be construed to
affect or change the terms or conditions of any individual
charter previously granted that is consolidated under this
section.
(b) Application.--The commission shall develop and issue a
standard application form for multiple charter school
organization applicants, which shall contain the following
information:
(1) The identification of the multiple charter school
organization.
(2) The names of the charter schools seeking merger or
consolidation under subsection (a).
(3) A copy of the approved charters of each charter
school agreeing to merge or consolidate administrative
functions with the commission under subsection (a).
(4) An organizational chart clearly presenting the
proposed governance structure of the multiple charter school
organization, including lines of authority and reporting
between the board of trustees, chief administrator,
administrators, staff and any educational management service
20120HB2352PN3488 - 149 -
provider that will play a role in providing management
services to the charter schools under its jurisdiction.
(5) A clear description of the roles and
responsibilities for the board of trustees, chief
administrator, administrators and any other entities,
including a charter school foundation, shown in the
organizational chart.
(6) A clear description and method for the appointment
or election of members of the board of trustees.
(7) Standards for board performance, including
compliance with all applicable laws, regulations and terms of
the charter.
(8) Enrollment procedures for each individual charter
school included in its charter.
(9) Any other information as deemed necessary by the
commission.
(c) Authorization.--The commission shall serve as the
authorizer of a multiple charter school organization.
(d) Special conditions.--A multiple charter school
organization may:
(1) Participate in the assessment systems in the same
manner in which a school district participates and its
individual charter schools shall participate in the
assessment systems in the same manner as individual schools
in school districts. All data gathered for purposes of
evaluation shall be gathered in a like manner.
(2) Add new charter schools to its organization via the
application process included under section 1721-C.
(3) Add existing charter schools to its organization or
amend the individual charters of each charter school under
20120HB2352PN3488 - 150 -
its organization via the amendment process included under
section 1722-C.
(4) Allow students enrolled in an individual charter
school to matriculate to another individual charter school
under its oversight so as to complete a course of instruction
in an educational institution from kindergarten through grade
12.
(e) Annual reports.--The annual report required under
section 1731-C shall be provided by the board of trustees and
chief administrator of the multiple charter school organization
and shall include all information required to provide a basis
for evaluation for renewal of each individual charter school
under the organization's oversight.
(f) Renewal.--A multiple charter school organization shall
be regarded as the holder of the charter of each individual
charter school under its oversight and each such previously or
subsequently awarded charter shall be subject to nonrenewal or
revocation in accordance with this act. The nonrenewal or
revocation shall not affect the status of a charter awarded for
any other individual charter school under its oversight.
Section 1736-C. Special cyber charter school requirements.
(a) Special financial requirements.--A cyber charter school
may not:
(1) Except as provided for under subsection (b), provide
payments to parents or guardians for the purchase of
instructional materials.
(2) Except as compensation for the provision of specific
services, enter into agreements to provide funds to a school
entity.
(b) Materials.--For each student enrolled, a cyber charter
20120HB2352PN3488 - 151 -
school shall provide all instructional materials and equipment,
such as a computer, computer monitor and printer and shall
provide or provide reimbursement for, technology and services
necessary for online delivery of the curriculum and instruction.
The Commonwealth shall not be liable for reimbursement owed to
students, parents or guardians by a cyber charter school.
(c) Information to school districts.--Upon request, a cyber
charter school shall make available in writing or electronically
to each student's school district of residence the following:
(1) A copy of the charter.
(2) A copy of the cyber charter school application.
(3) A copy of all annual reports prepared by the cyber
charter school.
(4) A list of all students from that school district
enrolled in the cyber charter school.
(d) Information to parent or guardian.--Upon request and
prior to the student's first day in a cyber charter school, the
cyber charter school shall, either in writing or electronically,
provide to the parent or guardian of a student the following:
(1) A list and brief description of the courses of
instruction the student will receive. The list shall be
updated annually for each grade level in which the student is
enrolled.
(2) A description of the lessons and activities to be
offered both online and offline.
(3) The manner in which attendance will be reported and
work will be authenticated.
(4) A list of all standardized tests the student will be
required to take during the school year and the place where
the test will be administered, if available.
20120HB2352PN3488 - 152 -
(5) The meetings to be held during the school year
between a parent or guardian and a teacher and among other
school officials or parents or guardians and the manner in
which the parent or guardian will be notified of the time and
place for the meeting.
(6) The address of the cyber charter school and the
name, telephone number and e-mail address of the chief school
administrator and other school personnel.
(7) A list of any extracurricular activities provided by
the cyber charter school.
(8) The names of the student's teachers, if available,
and the manner in which each teacher can be contacted by the
student or the parent or guardian.
(9) A list of all services that will be provided to the
student by the cyber charter school.
(10) Copies of policies relating to computer security
and privacy, truancy, absences, discipline and withdrawal or
expulsion of students.
(11) Information concerning all of the following:
(i) The cyber charter school's professional staff,
including the number of staff personnel, their education
level and experience.
(ii) The cyber charter school's performance on the
Pennsylvania System of School Assessment and other
standardized test scores.
(12) Information regarding the proper usage of equipment
and materials and the process for returning equipment and
materials supplied to the students by the cyber charter
school. A parent or guardian shall acknowledge, either in
writing or electronically, the receipt of this information.
20120HB2352PN3488 - 153 -
(13) A description of the school calendar, including,
the time frame that will constitute a school year and a
school week, holidays and term breaks.
(e) Offices and facilities.--A cyber charter school shall
maintain an administrative office within this Commonwealth where
all student records shall be maintained at all times and shall
provide the commission with the addresses and ownership of all
offices and facilities of the cyber charter school and any lease
arrangements. The administrative office of the cyber charter
school shall be considered to be the principal place of business
for service of process for any action brought against the cyber
charter school or cyber charter school staff members. The cyber
charter school shall notify the commission of any changes in
this information within ten days of the change.
(f) Applicable law.--Any action taken against the cyber
charter school, its successors or assigns or its employees,
including any cyber charter school staff member as defined in
the act of December 12, 1973 (P.L.397, No.141), known as the
Professional Educator Discipline Act, shall be governed by the
laws of this Commonwealth. If the department initiates an
investigation or pursues an action under the Professional
Educator Discipline Act involving a current or former charter
school staff member outside this Commonwealth, reasonable
expenses incurred by the department in the investigation or
action shall be paid by the cyber charter school which employed
that staff member at the time of the alleged misconduct.
(g) School district and intermediate unit access for
testing.--The intermediate unit or school district in which a
student enrolled in a cyber charter school resides shall provide
the cyber charter school with reasonable access to its
20120HB2352PN3488 - 154 -
facilities for administration of all required standardized
tests.
Section 7. The following provisions of the act shall apply
to charter school entities applying for or renewing a charter on
or after the effective date of this section:
(1) The amendment of the definitions of "concurrent
student" and "school entity" in section 1602-B of the act.
(2) The addition of the definition of "charter school
entity" in section 1602-B of the act.
(3) The addition of section 1613-B(c) of the act.
(4) The addition of Article XVII-C of the act.
Section 8. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) Section 1706-C of the act.
(ii) This section.
(2) The following provisions shall take effect in 60
days:
(i) Section 1704-C of the act.
(ii) Section 1705-C of the act.
(3) Section 7 of this act shall take effect October 1,
2012.
(4) The remainder of this act shall take effect in 90
days.
20120HB2352PN3488 - 155 -