H0178B2257A03660 AJB:JMT 10/03/17 #90 A03660
AMENDMENTS TO HOUSE BILL NO. 178
Sponsor: REPRESENTATIVE TURZAI
Printer's No. 2257
Amend Bill, page 2, line 9, by inserting after "EXCELLENCE;"
in charter schools, providing for multiple charter school
organizations;
Amend Bill, page 2, line 13, by inserting after
"ESTABLISHMENT;"
in educational tax credits, further providing for limitations;
Amend Bill, page 6, line 6, by striking out "A NEW STATE" and
inserting
State
Amend Bill, page 6, line 6, by inserting after "PLAN"
submissions
Amend Bill, page 6, line 11, by striking out "THE"
Amend Bill, page 6, line 11, by inserting after "PLAN"
submissions
Amend Bill, page 6, line 15, by striking out "PLAN'S" and
inserting
State plan submission's
Amend Bill, page 6, line 18, by striking out "AND" and
inserting
or
Amend Bill, page 7, line 6, by striking out "SUBMIT AN
INITIAL" and inserting
make a
Amend Bill, page 7, line 6, by inserting after "PLAN"
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submission
Amend Bill, page 7, line 11, by inserting after "PLAN"
submission
Amend Bill, page 7, line 11, by striking out "INITIAL"
Amend Bill, page 7, line 12, by inserting after "PLAN"
submission
Amend Bill, page 7, lines 15 through 22, by striking out all
of lines 15 through 21 and "(4) THE INITIAL" in line 22 and
inserting
(3) Any
Amend Bill, page 7, lines 22 and 23, by striking out "AND ANY
FUTURE SUBMISSIONS "
Amend Bill, page 7, line 26, by striking out "(5)" and
inserting
(4)
Amend Bill, page 16, line 8, by striking out "SCHOOL"
Amend Bill, page 16, line 8, by inserting after "OF" where it
occurs the second time
school
Amend Bill, page 16, line 13, by inserting after "SECRETARY,
"
provided that the school district has demonstrated the
ability to maintain a structurally balanced budget,
Amend Bill, page 33, line 5, by striking out "AUGUST 7," and
inserting
November 1,
Amend Bill, page 43, line 9, by striking out "HEALTH,
[OFFICE] DEPARTMENT" and inserting
Health[, Office] and the Department
Amend Bill, page 43, line 9, by inserting after "PROGRAMS,"
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jointly,
Amend Bill, page 51, line 22, by striking out "A SECTION" and
inserting
sections
Amend Bill, page 57, by inserting between lines 6 and 7
Section 1729.2-A. Multiple Charter School Organizations.--
(a) Establishment shall be as follows:
(1) Subject to the requirements of this section and 15
Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations),
two (2) or more charter schools may consolidate into a multiple
charter school organization if both of the following apply:
(i) The department approves the consolidation as proposed in
the application form submitted to the department pursuant to
sub section (c). If the department does not approve or disapprove
the proposed consolidation within forty-five (45) days after
receipt of the application, the department will be deemed to
have approved the consolidation.
(ii) Each school district that granted the initial charter
of any charter school included in the proposed consolidation
approves, by a majority vote of the local board of school
directors, a resolution approving the consolidation as proposed
in the application submitted to the local board of school
directors pursuant to sub section (c). If a local board of school
directors does not adopt a resolution under this clause
approving or rejecting the proposed consolidation within forty-
five (45) days after receipt of the application, the school
district will be deemed to have approved the consolidation.
(2) The multiple charter school organization shall be:
(i) granted legal authority to operate two (2) 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; and
(ii) subject to all of the requirements of this article
unless otherwise provided for under this section .
(3) Nothing under this section shall be construed to affect
or change the terms or conditions of any individual charter
previously granted that is consolidated under this section ,
including, but not limited to, any obligation of a school
district to provide transportation for students enrolled in an
individual charter school within a multiple charter school
organization.
(b) (1) A charter school that, within either of the most
recent two (2) school years, has failed to meet any of the
following shall not be eligible to consolidate with another
charter school:
(i) Requirements for student performance set forth in 22 Pa.
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Code Ch. 4 (relating to academic standards and assessment).
(ii) Accepted standards of fiscal management or audit
requirements.
(iii) A school performance profile score that is among the
top twenty-fifth percentile of Pennsylvania charter schools as
measured by the school performance profile for the most recent
year for which a school performance profile score is available.
(2) A charter school that has failed to meet any of the
requirements of paragraph (1) may consolidate if the
consolidation includes a charter school demonstrating that it
has satisfied such requirements for the most recent two (2)
school years.
(c) Within ninety (90) days of the effective date of this
section, the department shall develop and issue a standard
application form that multiple charter school organization
applicants must submit to the department and to the local board
of school directors of each school district that granted the
initial charter of any charter school included in the proposed
consolidation. The application form shall contain the following
information:
(1) The name of the multiple charter school organization.
(2) The names of the charter schools seeking consolidation
under this section .
(3) A copy of the approved charter of each charter school
seeking to consolidate under this section .
(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 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 of the method for the appointment or
election of members of the board of trustees.
(7) Standards for board of trustees 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
department.
(d) A multiple charter school organization may:
(1) Participate in the assessment system in the same manner
in which a school district participates, with its individual
charter schools participating in the assessment system in the
same manner as individual schools within school districts. All
data gathered for purposes of evaluation shall be gathered in
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the same manner in which data is gathered in the case of school
districts and individual schools within school districts.
Nothing in this paragraph shall alter the manner in which
charter school performance on assessments is measured as
required under the Every Student Succeeds Act (Public Law 114-
95, 129 Stat. 1802), or its successor Federal statute.
(2) Add existing charter schools to its organization by
obtaining the approval of the department and of the local board
of school directors that granted the initial charter of each
charter school proposed to be added under sub section (a)(1).
(3) 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 twelve
or otherwise in the best interests of the student.
(e) A multiple charter school organization shall be regarded
as the holder of the charter of each individual charter school
under its oversight and each previously or subsequently awarded
charter shall be subject to nonrenewal or revocation by the
local board of school directors that granted the initial charter
in accordance with this act . The nonrenewal or revocation of the
charter of an individual charter school under the oversight of a
multiple charter school organization shall not affect the status
of a charter awarded for any other individual charter school
under the oversight of the multiple charter school organization.
(f) Appeals shall be as follows:
(1) The appeal board shall have the exclusive review of an
appeal by an applicant for consolidation, with respect to the
rejection of a proposed consolidation by either the department
or a school district.
(2) In considering an appeal under this section , the appeal
board shall:
(i) Review the decision made by either the department or the
school district on the record as certified by the entity that
made the decision being appealed, provided that the appeal board
may allow the department, a school district or the applicant for
consolidation to supplement the record if the supplemental
information was previously unavailable.
(ii) Meet to officially review the certified record no later
than thirty (30) days after the date of filing the appeal.
(iii) Issue a written decision affirming or denying the
appeal no later than sixty (60) days following its review of the
certified record.
(iv) Make its decision based on whether the proposed
consolidation satisfies the requirements of sub section s (b) and
(c).
(3) The secretary shall recuse himself from all appeals of
decisions by the department and shall not participate in a
hearing, deliberation or vote on any appeal of a decision made
by the department.
(4) All decisions of the appeal board shall be subject to
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appellate review by the Commonwealth Court. In the event of an
appeal of a decision by the appeal board to the Commonwealth
Court, the decision of the appeal board shall be stayed only
upon order of the appeal board, the Commonwealth Court or the
Pennsylvania Supreme Court.
(g) For purposes of this section, the term "charter school"
shall include a regional charter school.
Amend Bill, page 60, line 23, by striking out "SECTION" where
it occurs the second time and inserting
Sections
Amend Bill, page 60, line 23, by inserting after "1906-G(A)
(1)"
and 2006-B(a)
Amend Bill, page 60, line 24, by striking out "IS" and
inserting
are
Amend Bill, page 61, by inserting between lines 10 and 11
Section 2006-B. Limitations.
(a) Amount.--
(1) The total aggregate amount of all tax credits
approved for contributions from business firms to scholarship
organizations, educational improvement organizations and pre-
kindergarten scholarship organizations shall not exceed
[$125,000,000] $135,000,000 in a fiscal year.
(i) No less than [$75,000,000] $85,000,000 of the
total aggregate amount shall be used to provide tax
credits for contributions from business firms to
scholarship organizations.
(ii) No less than $37,500,000 of the total aggregate
amount shall be used to provide tax credits for
contributions from business firms to educational
improvement organizations.
(iii) The total aggregate amount of all tax credits
approved for contributions from business firms to pre-
kindergarten scholarship organizations shall not exceed
$12,500,000 in a fiscal year.
(2) The total aggregate amount of all tax credits
approved for contributions from business firms to opportunity
scholarship organizations shall not exceed $50,000,000 in a
fiscal year.
* * *
Amend Bill, page 72, line 8, by striking out "(RESERVED)."
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and inserting
The amendment of section 2006-B(a) of the act.
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See A03660 in
the context
of HB0178