THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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(P.L.225, No.22), are repealed: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

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

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

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

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.

(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."

(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.

(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.

(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.

(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

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

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

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

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

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

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

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.

(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

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

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

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

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

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

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

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

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

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

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-

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.

(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.

(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

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

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.

(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.

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)  

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

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

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

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

for the charter school shall submit its application for a