PRIOR PRINTER'S NO. 494 PRINTER'S NO. 2951
No. 446 Session of 2007
INTRODUCED BY BEYER, O'NEILL, BELFANTI, BOYD, BUXTON, CAPPELLI,
CURRY, GRUCELA, KING, LEVDANSKY, MACKERETH, MANN, McILHATTAN,
R. MILLER, MUNDY, MUSTIO, PICKETT, SANTONI, STAIRS, STERN,
R. STEVENSON, J. TAYLOR, WATSON, MENSCH, FLECK, BAKER, HANNA,
EVERETT, GOODMAN, BROOKS, M. KELLER, HORNAMAN, SIPTROTH,
CAUSER, VITALI, SONNEY, PASHINSKI, J. WHITE, HELM, BRENNAN,
SAYLOR, VULAKOVICH, J. EVANS, SURRA AND MAHONEY,
FEBRUARY 22, 2007
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 6, 2007
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," amending, adding and deleting <--
6 provisions relating to cyber charter schools. PROVIDING FOR <--
7 THE DEFINITIONS OF "CYBER CHARTER SCHOOL FUND BALANCE LIMIT,"
8 "CYBER EDUCATION REAL COST LEVEL," "CYBER SPECIAL EDUCATION
9 REAL COST LEVEL," "EMPLOYMENT COST INDEX" AND "STATEWIDE
10 AVERAGE WEEKLY WAGE"; AND FURTHER PROVIDING FOR SCHOOL STAFF,
11 FOR FUNDING FOR CHARTER SCHOOLS, FOR CAUSES FOR NONRENEWAL OR
12 TERMINATION, FOR POWERS AND DUTIES OF DEPARTMENT, FOR
13 ASSESSMENT AND EVALUATION, FOR CYBER CHARTER SCHOOL
14 REQUIREMENTS AND PROHIBITIONS, FOR SCHOOL DISTRICT AND
15 INTERMEDIATE UNIT RESPONSIBILITIES, FOR CYBER CHARTER SCHOOL
16 APPLICATION, FOR ENROLLMENT AND NOTIFICATION AND FOR
17 APPLICABILITY.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 102 of the act of March 10, 1949 (P.L.30, <--
21 No.14), known as the Public School Code of 1949, amended
22 December 23, 2003 (P.L.304, No.48), is amended by adding a
1 definition to read:
2 Section 102. Definitions.--When used in this act the
3 following words and phrases shall have the following meanings:
4 * * *
5 "Beginners." Any child that should enter the lowest grade of
6 the primary school or the lowest primary class above the
7 kindergarten level.
8 * * *
9 Section 2. Section 1304 of the act, amended January 14, 1970
10 (1969 P.L.468, No.192), is amended to read:
11 Section 1304. Admission of Beginners.--The admission of
12 beginners to the public schools shall be confined to the first
13 two weeks of the annual school term in districts operating on an
14 annual promotion basis, and to the first two weeks of either the
15 first or the second semester of the school term in districts
16 operating on a semi-annual promotion basis. Admission shall be
17 limited to beginners who have attained the age of five years and
18 seven months before the first day of September if they are to be
19 admitted in the fall, and to those who have attained the age of
20 five years and seven months before the first day of February if
21 they are to be admitted at the beginning of the second semester.
22 The board of school directors of any school district may admit
23 beginners who are less than five years and seven months of age,
24 in accordance with standards prescribed by the State Board of
25 Education. The board of school directors may refuse to accept or
26 retain beginners who have not attained a mental age of five
27 years, as determined by the supervisor of special education or a
28 properly certificated public school psychologist in accordance
29 with standards prescribed by the State Board of Education.
30 [The term "beginners," as used in this section, shall mean
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1 any child that should enter the lowest grade of the primary
2 school or the lowest primary class above the kindergarten
3 level.]
4 Section 3. Section 1725-A of the act, amended or added June
5 19, 1997 (P.L.225, No.22), June 22, 2001 (P.L.530, No.35) and
6 June 29, 2002 (P.L.524, No.88), is amended to read:
7 Section 1725-A. Funding for Charter Schools.--(a) Funding
8 for a charter school established under this article shall be
9 provided in the following manner:
10 (1) There shall be no tuition charge for a resident or
11 nonresident student attending a charter school.
12 (2) For non-special education students, the charter school
13 shall receive for each student enrolled no less than the
14 budgeted total expenditure per average daily membership of the
15 prior school year, as defined in section 2501(20), minus the
16 budgeted expenditures of the district of residence for nonpublic
17 school programs; adult education programs; community/junior
18 college programs; student transportation services; for special
19 education programs; facilities acquisition, construction and
20 improvement services; and other financing uses, including debt
21 service and fund transfers as provided in the Manual of
22 Accounting and Related Financial Procedures for Pennsylvania
23 School Systems established by the department. This amount shall
24 be paid by the district of residence of each student.
25 (3) For special education students, the charter school shall
26 receive for each student enrolled the same funding as for each
27 non-special education student as provided in clause (2), plus an
28 additional amount determined by dividing the district of
29 residence's total special education expenditure by the product
30 of multiplying the combined percentage of section 2509.5(k)
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1 times the district of residence's total average daily membership
2 for the prior school year. This amount shall be paid by the
3 district of residence of each student.
4 (4) A charter school may request the intermediate unit in
5 which the charter school is located to provide services to
6 assist the charter school to address the specific needs of
7 exceptional students. The intermediate unit shall assist the
8 charter school and bill the charter school for the services. The
9 intermediate unit may not charge the charter school more for any
10 service than it charges the constituent districts of the
11 intermediate unit.
12 (5) Payments shall be made to the charter school in twelve
13 (12) equal monthly payments, by the fifth day of each month,
14 within the operating school year. A student enrolled in a
15 charter school shall be included in the average daily membership
16 of the student's district of residence for the purpose of
17 providing basic education funding payments and special education
18 funding pursuant to Article XXV. If a school district fails to
19 make a payment to a charter school as prescribed in this clause,
20 the secretary shall deduct the estimated amount, as documented
21 by the charter school, from any and all State payments made to
22 the district after receipt of documentation from the charter
23 school.
24 (6) Within thirty (30) days after the secretary makes the
25 deduction described in clause (5), a school district may notify
26 the secretary that the deduction made from State payments to the
27 district under this subsection is inaccurate. The secretary
28 shall provide the school district with an opportunity to be
29 heard concerning whether the charter school documented that its
30 students were enrolled in the charter school, the period of time
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1 during which each student was enrolled, the school district of
2 residence of each student and whether the amounts deducted from
3 the school district were accurate.
4 (7) A school district shall not be required to provide per
5 pupil funding to charter schools for any student who does not
6 meet the minimum requirement for the age of beginners
7 established by the board of school directors in the student's
8 school district of residence.
9 (b) The Commonwealth shall provide temporary financial
10 assistance to a school district due to the enrollment of
11 students in a charter school established under this article who
12 attended a nonpublic school in the prior school year in order to
13 offset the additional costs directly related to the enrollment
14 of those students in a public charter school. The Commonwealth
15 shall pay the school district of residence of a student enrolled
16 in a nonpublic school in the prior school year who is attending
17 a charter school an amount equal to the school district of
18 residence's basic education subsidy for the current school year
19 divided by the district's average daily membership for the prior
20 school year. This payment shall occur only for the first year of
21 the attendance of the student in a charter school, starting with
22 school year 1997-1998. Total payments of temporary financial
23 assistance to school districts on behalf of a student enrolling
24 in a charter school who attended a nonpublic school in the prior
25 school year shall be limited to funds appropriated for this
26 program in a fiscal year. If the total of the amount needed for
27 all students enrolled in a nonpublic school in the prior school
28 year who enroll in a charter school exceeds the appropriation
29 for the temporary financial assistance program, the amount paid
30 to a school district for each qualifying student shall be pro
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1 rata reduced. Receipt of funds under this subsection shall not
2 preclude a school district from applying for a grant under
3 subsection (c).
4 (c) The Commonwealth shall create a grant program to provide
5 temporary transitional funding to a school district due to the
6 budgetary impact relating to any student's first-year attendance
7 at a charter school established under this article. The
8 department shall develop criteria which shall include, but not
9 be limited to, the overall fiscal impact on the budget of the
10 school district resulting from students of a school district
11 attending a charter school. The criteria shall be published in
12 the Pennsylvania Bulletin. This subsection shall not apply to a
13 public school converted to a charter school under section 1717-
14 A(b). Grants shall be limited to funds appropriated for this
15 purpose.
16 (d) It shall be lawful for any charter school established
17 under this article to receive, hold, manage and use, absolutely
18 or in trust, any devise, bequest, grant, endowment, gift or
19 donation of any property, real or personal and/or mixed, which
20 shall be made to the charter school for any of the purposes of
21 this article.
22 (e) It shall be unlawful for any trustee of a charter school
23 or any board of trustees of a charter school or any other person
24 affiliated in any way with a charter school to demand or
25 request, directly or indirectly, any gift, donation or
26 contribution of any kind from any parent, teacher, employe or
27 any other person affiliated with the charter school as a
28 condition for employment or enrollment and/or continued
29 attendance of any pupil. Any donation, gift or contribution
30 received by a charter school shall be given freely and
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1 voluntarily.
2 Section 4. Sections 1741-A, 1742-A, 1743-A, 1744-A, 1745-A,
3 1746-A, 1747-A, 1748-A, 1749-A, 1750-A and 1751-A of the act,
4 added June 29, 2002 (P.L.524, No.88), are repealed:
5 [Section 1741-A. Powers and duties of department.
6 (a) Powers and duties.--The department shall:
7 (1) Receive, review and act on applications for the
8 creation of a cyber charter school and have the power to
9 request further information from applicants, obtain input
10 from interested persons or entities and hold hearings
11 regarding applications.
12 (2) Renew the charter of cyber charter school and renew
13 the charter of a charter school approved under section 1717-A
14 or 1718-A which provides instruction through the Internet or
15 other electronic means. Upon renewal of a charter of a
16 charter school approved under section 1717-A or 1718-A, the
17 charter school shall qualify as a cyber charter school under
18 this subdivision and shall be subject to the provisions of
19 this subdivision.
20 (3) Revoke or deny renewal of a cyber charter school's
21 charter under the provisions of section 1729-A.
22 (i) Notwithstanding the provisions of section 1729-
23 A(i), when the department has revoked or denied renewal
24 of a charter, the cyber charter school shall be
25 dissolved. After the disposition of the liabilities and
26 obligations of the cyber charter school, any remaining
27 assets of the cyber charter school shall be given over to
28 the intermediate unit in which the cyber charter school's
29 administrative office was located for distribution to the
30 school districts in which the students enrolled in the
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1 cyber charter school reside at the time of dissolution.
2 (ii) Notwithstanding any laws to the contrary, the
3 department may, after notice and hearing, take immediate
4 action to revoke a charter if:
5 (A) a material component of the student's
6 education as required under this subdivision is not
7 being provided; or
8 (B) the cyber charter school has failed to
9 maintain the financial ability to provide services as
10 required under this subdivision.
11 (4) Execute charters after approval.
12 (5) Develop forms, including the notification form under
13 section 1748-A(b), necessary to carry out the provisions of
14 this subdivision.
15 (b) Hearings.--Hearings conducted by the department shall be
16 conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings).
17 (c) Documents.--Documents of the appeal board shall be
18 subject to the act of June 21, 1957 (P.L.390, No.212), referred
19 to as the Right-to-Know Law.
20 Section 1742-A. Assessment and evaluation.
21 The department shall:
22 (1) Annually assess whether each cyber charter school is
23 meeting the goals of its charter and is in compliance with
24 the provisions of the charter and conduct a comprehensive
25 review prior to granting a five-year renewal of the charter.
26 (2) Annually review each cyber charter school's
27 performance on the Pennsylvania System of School Assessment
28 test, standardized tests and other performance indicators to
29 ensure compliance with 22 Pa. Code Ch. 4 (relating to
30 academic standards and assessment) or subsequent regulations
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1 promulgated to replace 22 Pa. Code Ch. 4.
2 (3) Have ongoing access to all records, instructional
3 materials and student and staff records of each cyber charter
4 school and to every cyber charter school facility to ensure
5 the cyber charter school is in compliance with its charter
6 and this subdivision.
7 Section 1743-A. Cyber charter school requirements and
8 prohibitions.
9 (a) Special financial requirements prohibited.--A cyber
10 charter school shall not:
11 (1) provide discounts to a school district or waive
12 payments under section 1725-A for any student;
13 (2) except as provided for in subsection (e), provide
14 payments to parents or guardians for the purchase of
15 instructional materials; or
16 (3) except as compensation for the provision of specific
17 services, enter into agreements to provide funds to a school
18 entity.
19 (b) Enrollment.--A cyber charter school shall report to the
20 department an increase or a decrease of 30% or more in its
21 anticipated enrollment set forth in the application under
22 section 1747-A(11).
23 (c) School district.--A cyber charter school shall make
24 available upon request, either in writing or electronically, to
25 each student's school district of residence the following:
26 (1) A copy of the charter.
27 (2) A copy of the cyber charter school application.
28 (3) A copy of all annual reports prepared by the cyber
29 charter school.
30 (4) A list of all students from that school district
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1 enrolled in the cyber charter school.
2 (d) Parent or guardian.--Upon request and prior to the
3 student's first day in a cyber charter school, the cyber charter
4 school shall, either in writing or electronically, provide to
5 the parent or guardian of a student the following:
6 (1) A list and brief description of the courses of
7 instruction the student will receive. The list shall be
8 updated annually for each grade level in which the student is
9 enrolled.
10 (2) A description of the lessons and activities to be
11 offered both online and offline.
12 (3) The manner in which attendance will be reported and
13 work will be authenticated.
14 (4) A list of all standardized tests the student will be
15 required to take during the school year and the place where
16 the test will be administered, if available.
17 (5) The meetings to be held during the school year
18 between a parent or guardian and a teacher and among other
19 school officials or parents or guardians and the manner in
20 which the parent or guardian will be notified of the time and
21 place for the meeting.
22 (6) The address of the cyber charter school and the
23 name, telephone number and e-mail address of the school
24 administrator and other school personnel.
25 (7) A list of any extracurricular activities provided by
26 the cyber charter school.
27 (8) The names of the student's teachers, if available,
28 and the manner in which each teacher can be contacted by the
29 student or the parent or guardian.
30 (9) A list of all services that will be provided to the
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1 student by the cyber charter school.
2 (10) Copies of policies relating to computer security
3 and privacy, truancy, absences, discipline and withdrawal or
4 expulsion of students.
5 (11) Information on:
6 (i) The cyber charter school's professional staff,
7 including the number of staff personnel, their education
8 level and experience.
9 (ii) The cyber charter school's performance on the
10 PSSA and other standardized test scores.
11 (12) Information regarding the proper usage of equipment
12 and materials and the process for returning equipment and
13 materials supplied to the students by the cyber charter
14 school. A parent or guardian shall acknowledge, either in
15 writing or electronically, the receipt of this information.
16 (13) A description of the school calendar, including,
17 but not limited to, the time frame that will constitute a
18 school year and a school week, holidays and term breaks.
19 (e) Students.--For each student enrolled, a cyber charter
20 school shall:
21 (1) provide all instructional materials;
22 (2) provide all equipment, including, but not limited
23 to, a computer, computer monitor and printer; and
24 (3) provide or reimburse for all technology and services
25 necessary for the on-line delivery of the curriculum and
26 instruction.
27 The Commonwealth shall not be liable for any reimbursement owed
28 to students, parents or guardians by a cyber charter school
29 under paragraph (3).
30 (f) Annual report.--A cyber charter school shall submit an
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1 annual report no later than August 1 of each year to the
2 department in the form prescribed by the department.
3 (g) Records and facilities.--A cyber charter school shall
4 provide the department with ongoing access to all records and
5 facilities necessary for the department to assess the cyber
6 charter school in accordance with the provisions of this
7 subdivision.
8 (h) Offices and facilities.--A cyber charter school shall
9 maintain an administrative office within this Commonwealth where
10 all student records shall be maintained at all times and shall
11 provide the department with the addresses of all offices and
12 facilities of the cyber charter school, the ownership thereof
13 and any lease arrangements. The administrative office of the
14 cyber charter school shall be considered as the principal place
15 of business for service of process for any action brought
16 against the cyber charter school or cyber charter school staff
17 members. The cyber charter school shall notify the department of
18 any changes in this information within ten days of the change.
19 (i) Applicable law.--Any action taken against the cyber
20 charter school, its successors or assigns or its employees,
21 including any cyber charter school staff member as defined in
22 the act of December 12, 1973 (P.L.397, No.141), known as the
23 Professional Educator Discipline Act, shall be governed by the
24 laws of this Commonwealth. If the department initiates an
25 investigation or pursues an action pursuant to the Professional
26 Educator Discipline Act involving any current or former charter
27 school staff member outside this Commonwealth, any reasonable
28 expenses incurred by the department in such investigation or
29 action shall be paid by the cyber charter school which employed
30 that staff member at the time of the alleged misconduct.
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1 Section 1744-A. School district and intermediate unit
2 responsibilities.
3 An intermediate unit or a school district in which a student
4 enrolled in a cyber charter school resides shall do all of the
5 following:
6 (1) Provide the cyber charter school within ten days of
7 receipt of the notice of the admission of the student under
8 section 1748-A(a) with all records relating to the student,
9 including transcripts, test scores and a copy of any
10 individualized education program for that student.
11 (2) Provide the cyber charter school with reasonable
12 access to its facilities for the administration of
13 standardized tests required under this subdivision.
14 (3) Upon request, provide assistance to the cyber
15 charter school in the delivery of services to a student with
16 disabilities. The school district or intermediate unit shall
17 not charge the cyber charter school more for a service than
18 it charges a school district.
19 (4) Make payments to the cyber charter school under
20 section 1725-A.
21 Section 1745-A. Establishment of cyber charter school.
22 (a) Establishment.--A cyber charter school may be
23 established by an individual; one or more teachers who will
24 teach at the proposed cyber charter school; parents or guardians
25 of students who will enroll in the cyber charter school; a
26 nonsectarian college, university or museum located in this
27 Commonwealth; a nonsectarian corporation not-for-profit as
28 defined in 15 Pa.C.S. § 5103 (relating to definitions); a
29 corporation, association or partnership; or any combination of
30 the foregoing. Section 1327.1 shall not apply to a cyber charter
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1 school established under this subdivision.
2 (b) Sectarian entities.--No cyber charter school shall be
3 established or funded by and no charter shall be granted to a
4 sectarian school, institution or other entity.
5 (c) Attendance.--Attendance at a cyber charter school shall
6 satisfy requirements for compulsory attendance.
7 (d) Application.--An application to establish a cyber
8 charter school shall be submitted to the department by October 1
9 of the school year preceding the school year in which the cyber
10 charter school proposes to commence operation.
11 (e) Grant or denial.--Within 120 days of receipt of an
12 application, the department shall grant or deny the application.
13 The department shall review the application and shall hold at
14 least one public hearing under 65 Pa.C.S. Ch. 7 (relating to
15 open meetings). At least 30 days prior to the hearing, the
16 department shall publish in the Pennsylvania Bulletin and on the
17 department's World Wide Web site notice of the hearing and the
18 purpose of the application.
19 (f) Evaluation criteria.--
20 (1) A cyber charter school application submitted under
21 this subdivision shall be evaluated by the department based
22 on the following criteria:
23 (i) The demonstrated, sustainable support for the
24 cyber charter school plan by teachers, parents or
25 guardians and students.
26 (ii) The capability of the cyber charter school
27 applicant, in terms of support and planning, to provide
28 comprehensive learning experiences to students under the
29 charter.
30 (iii) The extent to which the programs outlined in
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1 the application will enable students to meet the academic
2 standards under 22 Pa. Code Ch. 4 (relating to academic
3 standards and assessment) or subsequent regulations
4 promulgated to replace 22 Pa. Code Ch. 4.
5 (iv) The extent to which the application meets the
6 requirements of section 1747-A.
7 (v) The extent to which the cyber charter school may
8 serve as a model for other public schools.
9 (2) Written notice of the action of the department shall
10 be sent by certified mail to the applicant and published on
11 the department's World Wide Web site. If the application is
12 denied, the reasons for denial, including a description of
13 deficiencies in the application, shall be clearly stated in
14 the notice.
15 (3) Upon approval of a cyber charter school application,
16 a written charter shall be developed which shall contain the
17 provisions of the charter application and be signed by the
18 secretary and each member of the board of trustees of the
19 cyber charter school. The charter, when duly signed, shall
20 act as legal authorization of the establishment of a cyber
21 charter school. The charter shall be legally binding on the
22 department, the cyber charter school and its board of
23 trustees. The charter shall be for a period of no less than
24 three years nor more than five years and may be renewed for a
25 period of five years by the department.
26 (4) The decision of the department to deny an
27 application may be appealed to the appeal board.
28 (g) Denied application.--A cyber charter school applicant
29 may revise and resubmit a denied application to the department.
30 The department shall grant or deny the revised application
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1 within 60 days after its receipt.
2 (h) Appeal.--If the department fails to hold the required
3 public hearing or to approve or disapprove the charter, the
4 applicant may file its application as an appeal to the appeal
5 board. The appeal board shall review the application and make a
6 decision to approve or disapprove the charter based on the
7 criteria in subsection (f).
8 Section 1746-A. State Charter School Appeal Board review.
9 (a) Jurisdiction.--The appeal board shall have the exclusive
10 review of an appeal by a cyber charter school applicant or by
11 the board of trustees of a cyber charter school on the decisions
12 of the department, including:
13 (1) The denial of an application for a charter.
14 (2) The denial of a renewal of a charter.
15 (3) The revocation of a charter.
16 (4) An appeal under section 1745-A(h).
17 (b) Procedure.--The appeal board shall:
18 (1) Review the decision made by the department under
19 subsection (a) on the record as certified by the department.
20 The secretary shall recuse himself from all cyber charter
21 school appeals and shall not participate in a hearing,
22 deliberation or vote on a cyber charter school appeal. The
23 appeal board may allow the department, the cyber charter
24 school applicant or the board of trustees of a cyber charter
25 school to supplement the record if the supplemental
26 information was previously unavailable.
27 (2) Meet to officially review the certified record no
28 later than 30 days after the date of filing the appeal.
29 (3) Issue a written decision affirming or denying the
30 appeal no later than 60 days following its review.
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1 (4) In the case of a decision by the department to deny
2 a cyber charter application, make its decision based on
3 section 1745-A(f)(1). A decision by the appeal board to
4 reverse the decision of the department and grant a charter
5 shall serve as a requirement for the secretary to sign the
6 written charter of the cyber charter school.
7 (5) In the case of a decision by the department to
8 revoke or deny renewal of a cyber school charter in
9 accordance with section 1741-A(a)(3), make its decision based
10 on section 1729-A(a). A decision of the appeal board to
11 reverse the decision of the department to not revoke or deny
12 renewal of a charter shall serve as a requirement of the
13 department to not revoke or to not deny renewal of the
14 charter of the cyber charter school.
15 (c) Stay.--If the department appeals the decision of the
16 appeal board, the appeal board's decision shall be stayed only
17 upon order of the appeal board, the Commonwealth Court or the
18 Pennsylvania Supreme Court.
19 (d) Review.--All decisions of the appeal board shall be
20 subject to appellate review by the Commonwealth Court.
21 Section 1747-A. Cyber charter school application.
22 In addition to the provisions of section 1719-A, an
23 application to establish a cyber charter school shall also
24 include the following:
25 (1) The curriculum to be offered and how it meets the
26 requirements of 22 Pa. Code Ch. 4 (relating to academic
27 standards and assessment) or subsequent regulations
28 promulgated to replace 22 Pa. Code Ch. 4.
29 (2) The number of courses required for elementary and
30 secondary students.
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1 (3) An explanation of the amount of on-line time
2 required for elementary and secondary students.
3 (4) The manner in which teachers will deliver
4 instruction, assess academic progress and communicate with
5 students to provide assistance.
6 (5) A specific explanation of any cooperative learning
7 opportunities, meetings with students, parents and guardians,
8 field trips or study sessions.
9 (6) The technology, including types of hardware and
10 software, equipment and other materials which will be
11 provided by the cyber charter school to the student.
12 (7) A description of how the cyber charter school will
13 define and monitor a student's school day, including the
14 delineation of on-line and off-line time.
15 (8) A description of commercially prepared standardized
16 achievement tests that will be used by the cyber charter
17 school in addition to the Pennsylvania System of School
18 Assessment test, including the grade levels that will be
19 tested and how the data collected from the tests will be used
20 to improve instruction.
21 (9) The technical support that will be available to
22 students and parents or guardians.
23 (10) The privacy and security measures to ensure the
24 confidentiality of data gathered online.
25 (11) The level of anticipated enrollment during each
26 school year of the proposed charter, including expected
27 increases due to the addition of grade levels.
28 (12) The methods to be used to insure the authenticity
29 of student work and adequate proctoring of examinations.
30 (13) The provision of education and related services to
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1 students with disabilities, including evaluation and the
2 development and revision of individualized education
3 programs.
4 (14) Policies regarding truancy, absences and withdrawal
5 of students, including the manner in which the cyber charter
6 school will monitor attendance consistent with the provisions
7 of section 1715-A(9).
8 (15) The types and frequency of communication between
9 the cyber charter school and the student and the manner in
10 which the cyber charter school will communicate with parents
11 and guardians.
12 (16) The addresses of all facilities and offices of the
13 cyber charter school, the ownership thereof and any lease
14 arrangements.
15 Section 1748-A. Enrollment and notification.
16 (a) Notice to school district.--
17 (1) Within 15 days of the enrollment of a student to a
18 cyber charter school, the parent or guardian and the cyber
19 charter school shall notify the student's school district of
20 residence of the enrollment through the use of the
21 notification form under subsection (b).
22 (2) If a school district which has received notice under
23 paragraph (1) determines that a student is not a resident of
24 the school district, the following apply:
25 (i) Within seven days of receipt of the notice under
26 paragraph (1), the school district shall notify the cyber
27 charter school and the department that the student is not
28 a resident of the school district. Notification of
29 nonresidence shall include the basis for the
30 determination.
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1 (ii) Within seven days of notification under
2 subparagraph (i), the cyber charter school shall review
3 the notification of nonresidence, respond to the school
4 district and provide a copy of the response to the
5 department. If the cyber charter school agrees that a
6 student is not a resident of the school district, it
7 shall determine the proper district of residence of the
8 student before requesting funds from another school
9 district.
10 (iii) Within seven days of receipt of the response
11 under subparagraph (ii), the school district shall notify
12 the cyber charter school that it agrees with the cyber
13 charter school's determination or does not agree with the
14 cyber charter school's determination.
15 (iv) A school district that has notified the cyber
16 charter school that it does not agree with the cyber
17 charter school's determination under subparagraph (iii)
18 shall appeal to the department for a final determination.
19 (v) All decisions of the department regarding the
20 school district of residence of a student shall be
21 subject to review by the Commonwealth Court.
22 (vi) A school district shall continue to make
23 payments to a cyber charter school under section 1725-A
24 during the time in which the school district of residence
25 of a student is in dispute.
26 (vii) If a final determination is made that a
27 student is not a resident of an appealing school
28 district, the cyber charter school shall return all funds
29 provided on behalf of that student to the school district
30 within 30 days.
20070H0446B2951 - 20 -
1 (b) Notification form.--The department shall develop a
2 notification form for use under subsection (a). The notification
3 shall include:
4 (1) The name, home address and mailing address of the
5 student.
6 (2) The grade in which the student is being enrolled.
7 (3) The date the student will be enrolled.
8 (4) The name and address of the cyber charter school and
9 the name and telephone number of a contact person able to
10 provide information regarding the cyber charter school.
11 (5) The signature of the parent or guardian and an
12 authorized representative of the cyber charter school.
13 (c) Withdrawal.--The cyber charter school and the parent or
14 guardian of a student enrolled in a cyber charter school shall
15 provide written notification to the student's school district of
16 residence within 15 days following the withdrawal of a student
17 from the cyber charter school.
18 Section 1749-A. Applicability of other provisions of this act
19 and of other acts and regulations.
20 (a) General requirements.--Cyber charter schools shall be
21 subject to the following:
22 (1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
23 436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,
24 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,
25 1302, 1310, 1317.2, 1318, 1330, 1332, 1303-A, 1518, 1521,
26 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A,
27 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A,
28 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and 2014-A and
29 Articles XII-A, XIII-A and XIV.
30 (2) The act of July 17, 1961 (P.L.776, No.341), known as
20070H0446B2951 - 21 -
1 the Pennsylvania Fair Educational Opportunities Act.
2 (3) The act of July 19, 1965 (P.L.215, No.116), entitled
3 "An act providing for the use of eye protective devices by
4 persons engaged in hazardous activities or exposed to known
5 dangers in schools, colleges and universities."
6 (4) Section 4 of the act of January 25, 1966 (1965
7 P.L.1546, No.541), entitled "An act providing scholarships
8 and providing funds to secure Federal funds for qualified
9 students of the Commonwealth of Pennsylvania who need
10 financial assistance to attend postsecondary institutions of
11 higher learning, making an appropriation, and providing for
12 the administration of this act."
13 (5) The act of July 12, 1972 (P.L.765, No.181) entitled
14 "An act relating to drugs and alcohol and their abuse,
15 providing for projects and programs and grants to educational
16 agencies, other public or private agencies, institutions or
17 organizations."
18 (6) The act of December 15, 1986 (P.L.1595, No.175),
19 known as the Antihazing Law.
20 (b) Regulations.--Cyber charter schools shall be subject to
21 the following provisions of 22 Pa. Code (relating to education):
22 (1) Chapter 4 (relating to academic standards and
23 assessment).
24 (2) Chapter 11 (relating to pupil attendance).
25 (3) Chapter 12 (relating to students).
26 (4) Section 32.3 (relating to assurances).
27 (5) Section 121.3 (relating to discrimination
28 prohibited).
29 (6) Section 235.4 (relating to practices).
30 (7) Section 235.8 (relating to civil rights).
20070H0446B2951 - 22 -
1 (8) Chapter 711 (relating to charter school services and
2 programs for children with disabilities).
3 (c) Existing charter schools.--
4 (1) The charter of a charter school approved under
5 section 1717-A or 1718-A which provides instruction through
6 the Internet or other electronic means shall remain in effect
7 for the duration of the charter and shall be subject to the
8 provisions of Subdivision (b).
9 (2) In addition to subsections (a) and (b), the
10 following provisions of this subdivision shall apply to a
11 charter school approved under section 1717-A or 1718-A which
12 provides instruction through the Internet or other electronic
13 means:
14 (i) Section 1743-A(c), (d), (e), (h) and (i).
15 (ii) Section 1744-A.
16 (iii) Section 1748-A.
17 Section 1750-A. Effect on certain existing charter schools.
18 (a) Determination.--For a charter school approved under
19 section 1717-A or 1718-A which provides instruction through the
20 Internet or other electronic means, prior to August 15, 2002,
21 the department shall determine:
22 (1) whether the charter school is in compliance with
23 this subdivision;
24 (2) whether the charter school has provided notification
25 of the enrollment of each existing student to the school
26 district of residence; and
27 (3) how the charter school plans to comply with section
28 1743-A(d).
29 (b) Notification of compliance.--Prior to August 15, 2002,
30 the department shall:
20070H0446B2951 - 23 -
1 (1) Notify each charter school and the chartering school
2 district of the department's determination under subsection
3 (a). The notification shall include specific requirements
4 with which the charter school has failed to comply.
5 (2) Publish a copy of the notification on the
6 department's World Wide Web site.
7 (c) Charter school requirement.--A charter school subject to
8 the requirements of this section shall, either in writing or
9 electronically, provide the parent or guardian of any student
10 enrolled in the charter school a copy of the department's
11 determination under subsection (b).
12 (d) School districts.--A school district shall not renew the
13 charter of a charter school approved under section 1717-A or
14 1718-A which provides instruction through the Internet or other
15 electronic means or approve a charter for a cyber charter
16 school.
17 (e) Renewal of charter for certain existing charter
18 schools.--Upon the expiration of its charter, a charter school
19 approved under section 1717-A or 1718-A which provides
20 instruction through the Internet or other electronic means shall
21 seek renewal of its charter from the department under this
22 subdivision. The charter shall be amended as needed to reflect
23 the requirements of this subdivision.
24 Section 1751-A. Regulations.
25 The department may issue regulations to implement this
26 subdivision.]
27 Section 5. The act is amended by adding an article to read:
28 ARTICLE XVII-C
29 CHARTER CYBER SCHOOLS
30 (a) Preliminary Provisions
20070H0446B2951 - 24 -
1 Section 1701-C. Scope.
2 This article deals with charter cyber schools.
3 Section 1702-C. Definitions.
4 The following words and phrases when used in this article
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Appeal board." The State Charter School Appeal Board
8 established by Article XVII-A.
9 "At-risk student." A student at risk of educational failure
10 because of limited English proficiency, poverty, community
11 factors, truancy, academic difficulties or economic
12 disadvantage.
13 "Charter cyber school." An independent public school
14 established and operated under a charter from the Department of
15 Education and in which the school uses technology in order to
16 provide a significant portion of its curriculum and to deliver a
17 significant portion of instruction to its students through the
18 Internet or other electronic means. A charter cyber school must
19 be organized as a public, nonprofit corporation. A charter may
20 not be granted to a for-profit entity.
21 "Chief executive officer." An individual appointed by the
22 board of trustees to oversee and manage the operation of the
23 charter cyber school, but who shall not be deemed a professional
24 staff member under this article.
25 "Department." The Department of Education of the
26 Commonwealth.
27 "School district of residence." The school district in this
28 Commonwealth in which the parents or guardians of a child
29 reside.
30 "Secretary." The Secretary of Education of the Commonwealth.
20070H0446B2951 - 25 -
1 "State board." The State Board of Education.
2 (b) Governance
3 Section 1711-C. Powers of charter cyber schools.
4 (a) General powers.--A charter cyber school established
5 under this article is a body corporate and shall have all powers
6 necessary or desirable for carrying out its charter, including,
7 but not limited to, the power to:
8 (1) Adopt a name and corporate seal; however, any name
9 selected shall include the words "charter cyber school."
10 (2) Sue and be sued, but only to the same extent and
11 upon the same condition that political subdivisions and local
12 agencies can be sued.
13 (3) Acquire real property from public or private sources
14 by lease or gift for use as a charter cyber school facility.
15 (4) Receive and disburse budgeted funds for charter
16 school purposes only. The funds shall not be used for any
17 other purpose, or transferred, except by resolution of the
18 board of trustees receiving the affirmative vote of two-
19 thirds of the members thereof. Whenever Federal or State
20 funds are made available to charter cyber schools, the funds
21 may be expended by the board of trustees for the purposes for
22 which they are made available even though the provisions
23 therefor were not made in the annual estimates or budget of
24 the charter cyber entity.
25 (5) Make contracts and leases for the procurement of
26 services, equipment and supplies.
27 (6) Incur temporary debts in anticipation of the receipt
28 of funds.
29 (7) Solicit and accept any gifts or grants for charter
30 cyber school purposes.
20070H0446B2951 - 26 -
1 (b) Additional powers.--A charter cyber school shall have
2 such other powers as are necessary to fulfill its charter and
3 which are not inconsistent with this article.
4 (c) Indebtedness.--Any indebtedness incurred by a charter
5 cyber school in the exercise of the powers specified in this
6 section shall not impose any liability or legal obligation upon
7 the Commonwealth.
8 Section 1712-C. Powers of board of trustees.
9 (a) General powers.--The board of trustees of a charter
10 cyber school shall have the authority to decide matters related
11 to the operation of the school, including, but not limited to,
12 budgeting, except as set forth in sections 2528 and 2529,
13 curriculum and operating procedures, subject to the school's
14 charter. The board shall have the authority to employ, discharge
15 and contract with necessary professional and nonprofessional
16 employees subject to the school's charter and the provisions of
17 this article.
18 (b) Compliance with Sunshine Act.--The board of trustees
19 shall comply with 65 Pa.C.S. Ch. 7 (relating to open meetings).
20 (c) Conflict of interest.--No member of the board of
21 trustees or employee of the charter cyber school may do business
22 with the school or the management of the school nor may a person
23 affiliated with the management of the school sit on the board of
24 trustees.
25 Section 1713-C. Term and form of charter.
26 (a) Written charter.--Upon approval of a charter application
27 under section 1727-C, a written charter shall be developed which
28 shall contain the provisions of the charter application and
29 which shall be signed by the department or by the chairman of
30 the appeal board pursuant to section 1727-C(j) and the board of
20070H0446B2951 - 27 -
1 trustees of the charter cyber school. This written charter, when
2 duly signed by the department and the charter cyber school's
3 board of trustees, shall act as legal authorization for the
4 establishment of a charter cyber school. This written charter
5 shall be legally binding on both the department and the charter
6 cyber school's board of trustees.
7 (b) Term.--The charter shall be for a period of no less than
8 three nor more than five years and may be renewed for five-year
9 periods upon reauthorization by the department or the appeal
10 board.
11 (c) Organization.--A charter will be granted only for a
12 school organized as a public, nonprofit corporation.
13 Section 1714-C. Facilities.
14 (a) Location.--A charter cyber school may be located in any
15 suitable location.
16 (b) Exemption from regulation.--The charter cyber school
17 facility shall be exempt from public school facility regulations
18 except those pertaining to the health or safety of the pupils.
19 Section 1715-C. School staff.
20 (a) Requirements.--The board of trustees shall determine the
21 level of compensation and all terms and conditions of employment
22 of the staff except as may otherwise be provided in this
23 article. At least 75% of the professional staff members of a
24 charter cyber school shall hold appropriate State certification.
25 Employees of a charter cyber school may organize under the act
26 of July 23, 1970 (P.L.563, No.195), known as the Public Employe
27 Relations Act. The board of trustees of a charter cyber school
28 shall be considered an employer for the purposes of Article XI-
29 A. Upon formation of one or more collective bargaining units at
30 the school, the board of trustees shall bargain with the
20070H0446B2951 - 28 -
1 employees based on the provisions of this article, Article XI-A
2 and the Public Employe Relations Act. Collective bargaining
3 units at a charter cyber school shall be separate from any
4 collective bargaining unit of the school district in which the
5 charter cyber school is located and shall be separate from any
6 other collective bargaining unit. A charter cyber school shall
7 be considered a school entity as provided for in section 1161-A
8 for the purpose of the secretary seeking an injunction requiring
9 the charter cyber school to meet the minimum requirements for
10 instruction as provided for in this article.
11 (b) Qualifications.--Each charter application shall list the
12 general qualifications needed to staff any noncertified
13 positions. Professional employees who do not hold appropriate
14 Pennsylvania certification must present evidence that they:
15 (1) Meet the qualifications in sections 1109 and 1209.
16 (2) Have demonstrated satisfactorily a combination of
17 experience, achievement and qualifications as defined in the
18 charter cyber school application in basic skills, general
19 knowledge, professional knowledge and practice and subject
20 matter knowledge in the subject area where an individual will
21 teach.
22 (c) Retirement and social security.--All employees of a
23 charter cyber school shall be enrolled in the Public School
24 Employees' Retirement System in the same manner as set forth in
25 24 Pa.C.S. § 8301(a) (relating to mandatory and optional
26 membership). The Commonwealth shall make contributions on behalf
27 of charter cyber school employees, and the charter cyber school
28 shall be considered a school district and shall make payments by
29 employers and payments on account of Social Security as
30 established under 24 Pa.C.S. Pt. IV (relating to retirement for
20070H0446B2951 - 29 -
1 school employees). For purposes of payments by employers, a
2 charter cyber school shall be considered a school district under
3 24 Pa.C.S. § 8329(a)(1) (relating to payments on account of
4 social security deductions from appropriations). The market
5 value/income aid ratio used in calculating payments as
6 prescribed in this subsection shall be a composite market
7 value/income aid ratio for the participating school districts as
8 determined by the department. Except as otherwise provided,
9 employees of a charter cyber school shall make regular member
10 contributions as required for active members under 24 Pa.C.S.
11 Pt. IV. For purposes of this subsection, a charter cyber school
12 shall be deemed to be a "public school" as defined in 24 Pa.C.S.
13 § 8102 (relating to definitions).
14 (d) Health care benefits.--Every employee of a charter cyber
15 school shall be provided the same health care benefits as the
16 employee would be provided if the employee were an employee of
17 the local district. The charter school shall make any required
18 employer's contribution to the district's health plan to an
19 insurer, a local board of school directors or a contractual
20 representative of school employees, whichever is appropriate to
21 provide the required coverage.
22 (e) Certification.--Professional employees who hold a first
23 level teaching or administrative certificate may, at their
24 option, have the time completed in satisfactory service in a
25 charter cyber school applied to the length of service
26 requirements for the next level of certification.
27 (f) Criminal history.--All applicants for a position as a
28 charter cyber school employee who shall have direct contact or
29 electronic contact via the Internet or e-mail with students
30 shall be required to submit a report of criminal history record
20070H0446B2951 - 30 -
1 information as provided for in section 111 prior to accepting a
2 position with the charter cyber school. This subsection shall
3 also apply to any individual who volunteers to work on a full-
4 time or part-time basis at the charter cyber school.
5 (g) Child abuse clearance.--All applicants for a position as
6 a school employee shall be required to submit the official
7 clearance statement regarding child injury or abuse from the
8 Department of Public Welfare as required by 23 Pa.C.S. Ch. 63
9 Subch. C.2 (relating to background checks for employment in
10 schools). This section shall also apply to any individual who
11 volunteers to work on a full-time or part-time basis at a
12 charter cyber school.
13 Section 1716-C. Tort liability.
14 For purposes of tort liability, employees of the charter
15 cyber school shall be considered public employees and the board
16 of trustees shall be considered the public employer in the same
17 manner as political subdivisions and local agencies. The board
18 of trustees of a charter cyber school and the charter cyber
19 school shall be solely liable for any and all damages of any
20 kind resulting from any legal challenge involving the operation
21 of a charter cyber school. Notwithstanding this requirement, the
22 local board of directors of a school entity shall not be held
23 liable for any activity or operation related to the program of
24 the charter cyber school.
25 Section 1717-C. Causes for nonrenewal or termination.
26 (a) Revocation.--During the term of the charter or at the
27 end of the term of the charter, the department may choose to
28 revoke or not to renew the charter based on any of the
29 following:
30 (1) One or more material violations of any of the
20070H0446B2951 - 31 -
1 conditions, standards or procedures contained in the written
2 charter signed pursuant to section 1713-C.
3 (2) Failure to meet the requirements for student
4 performance set forth in 22 Pa. Code Ch. 4 (relating to
5 academic standards and assessment) or subsequent regulations
6 promulgated to replace 22 Pa. Code Ch. 4 or failure to meet
7 any performance standard set forth in the written charter
8 signed pursuant to section 1713-C.
9 (3) Failure to meet generally accepted standards of
10 fiscal management or audit requirements.
11 (4) Violation of provisions of this article.
12 (5) Violation of any provision of law from which the
13 charter cyber school has not been exempted, including Federal
14 laws and regulations governing children with disabilities.
15 (6) The charter cyber school has been convicted of
16 fraud.
17 (b) Disqualification.--A member of the board of trustees who
18 is convicted of a felony or any crime involving moral turpitude
19 shall be immediately disqualified from serving on the board of
20 trustees.
21 (c) Notice.--Any notice of revocation or nonrenewal of a
22 charter given by the department shall state the grounds for the
23 action with reasonable specificity and give reasonable notice to
24 the governing board of the charter cyber school of the date on
25 which a public hearing concerning the revocation or nonrenewal
26 will be held. The department shall conduct the hearing, present
27 evidence in support of the grounds for revocation or nonrenewal
28 stated in its notice and give the charter cyber school
29 reasonable opportunity to offer testimony before taking final
30 action. Formal action revoking or not renewing a charter shall
20070H0446B2951 - 32 -
1 be taken by the department at a public meeting pursuant to 65
2 Pa.C.S. Ch. 7 (relating to open meetings) after the public has
3 had 30 days to provide comments to the department. All
4 proceedings of the department pursuant to this subsection shall
5 be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
6 procedure of Commonwealth agencies). Except as provided in
7 subsection (d), the decision of the department shall not be
8 subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review
9 of Commonwealth agency action).
10 (d) Appeal.--The charter cyber school may appeal the
11 decision of the department to revoke or not renew the charter to
12 the appeal board. The appeal board shall have the exclusive
13 review of a decision not to renew or revoke a charter. The
14 appeal board shall review the record and shall have the
15 discretion to supplement the record if the supplemental
16 information was previously unavailable. The appeal board may
17 consider the charter cyber school plan, annual reports, student
18 performance and employee and community support for the charter
19 cyber school in addition to the record. The appeal board shall
20 give due consideration to the findings of the department and
21 specifically articulate its reasons for agreeing or disagreeing
22 with those findings in its written decision.
23 (e) Determination.--If the appeal board determines that the
24 charter should not be revoked or should be renewed, the appeal
25 board shall order the department to rescind its revocation or
26 nonrenewal decision.
27 (f) Status of charter.--Except as provided in subsection
28 (g), the charter shall remain in effect until final disposition
29 by the appeal board.
30 (g) Special circumstances.--In cases where the health or
20070H0446B2951 - 33 -
1 safety of the school's pupils, staff or both is at serious risk,
2 the department may take immediate action to revoke a charter.
3 (h) Review by Commonwealth Court.--All decisions of the
4 appeal board shall be subject to appellate review by the
5 Commonwealth Court.
6 (i) Dissolution.--When a charter is revoked, not renewed,
7 forfeited, surrendered or otherwise ceases to operate, the
8 charter cyber school shall be dissolved. After the disposition
9 of any liabilities and obligations of the charter cyber school,
10 any remaining assets of the charter cyber school, both real and
11 personal, shall be distributed on a proportional basis to the
12 school entities with students enrolled in the charter cyber
13 school for the last full or partial school year of the charter
14 cyber school. In no event shall such school entities or the
15 Commonwealth be liable for any outstanding liabilities or
16 obligations of the charter cyber school.
17 (j) Students.--When a charter is revoked or is not renewed,
18 a student who attended the charter cyber school shall apply to
19 another public school in the student's school district of
20 residence. Normal application deadlines will be disregarded
21 under these circumstances. All student records maintained by the
22 charter cyber school shall be forwarded within ten days to the
23 student's district of residence.
24 (c) Establishment and Operation
25 Section 1721-C. Powers and duties of department.
26 (a) Powers and duties.--The department shall:
27 (1) Receive, review and act on applications for the
28 creation of a charter cyber school and have the power to
29 request further information from applicants, obtain input
30 from interested persons or entities and hold hearings
20070H0446B2951 - 34 -
1 regarding applications.
2 (2) Renew the charter of a charter cyber school and
3 renew the charter of a charter school approved under section
4 1717-A or 1718-A which provides instruction through the
5 Internet or other electronic means. Upon renewal of a charter
6 of a charter school approved under section 1717-C or 1718-C,
7 the charter school shall qualify as a charter cyber school
8 under this article and shall be subject to the provisions of
9 this article.
10 (3) Revoke or deny renewal of a charter cyber school's
11 charter under the provisions of section 1717-C.
12 (i) Notwithstanding the provisions of section 1717-
13 C(i), when the department has revoked or denied renewal
14 of a charter, the charter cyber school shall be
15 dissolved. After the disposition of the liabilities and
16 obligations of the charter cyber school, any remaining
17 assets of the charter cyber school shall be given over to
18 the department. Upon the transfer of assets from the
19 charter cyber school to the department, the department
20 shall equally distribute any remaining funds of the
21 charter cyber school to the school entities that enroll
22 the former charter cyber school students.
23 (ii) Notwithstanding any laws to the contrary, the
24 department may, after notice and hearing, take immediate
25 action to revoke a charter if:
26 (A) a material component of the student's
27 education as required under this article is not being
28 provided; or
29 (B) the charter cyber school has failed to
30 maintain the financial ability to provide services as
20070H0446B2951 - 35 -
1 required under this article.
2 (4) Execute charters after approval.
3 (5) Develop forms, including the notification form under
4 section 1731-C(c), necessary to carry out the provisions of
5 this article.
6 (6) Provide for funding at charter cyber schools in
7 accordance with section 2527.
8 (b) Hearings.--Hearings conducted by the department shall be
9 conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings).
10 (c) Documents.--Documents of the appeal board shall be
11 subject to the act of June 21, 1957 (P.L.390, No.212), referred
12 to as the Right-to-Know Law.
13 Section 1722-C. Assessment and evaluation.
14 The department shall:
15 (1) Annually assess whether each charter cyber school is
16 meeting the goals of its charter as required under section
17 1726-C(5) and is in compliance with the provisions of the
18 charter and conduct a comprehensive review prior to granting
19 a five-year renewal of the charter.
20 (2) Annually review each charter cyber school's
21 performance on the Pennsylvania System of School Assessment
22 test, standardized tests and other performance indicators to
23 ensure compliance with 22 Pa. Code Ch. 4 (relating to
24 academic standards and assessment) or subsequent regulations
25 promulgated to replace 22 Pa. Code Ch. 4.
26 (3) Have ongoing access to all records, instructional
27 materials and student and staff records of each charter cyber
28 school and to every charter cyber school facility to ensure
29 the charter cyber school is in compliance with its charter
30 and this article.
20070H0446B2951 - 36 -
1 Section 1723-C. Charter cyber school requirements and
2 prohibitions.
3 (a) Special financial requirements prohibited.--A charter
4 cyber school shall not:
5 (1) except as provided for in subsection (e), provide
6 payments to parents or guardians for the purchase of
7 instructional materials; or
8 (2) except as compensation for the provision of specific
9 services, enter into agreements to provide funds to a school
10 entity.
11 (b) Enrollment.--A charter cyber school shall report to the
12 department an increase or a decrease of 15% or more in its
13 anticipated enrollment set forth in the application under
14 section 1729-C(11).
15 (c) Department.--A charter cyber school shall make available
16 upon request, either in writing or electronically, to the
17 department the following:
18 (1) A copy of the charter.
19 (2) A copy of the charter cyber school application.
20 (3) A copy of all annual reports prepared by the charter
21 cyber school.
22 (c.1) School district.--A charter cyber school shall make
23 available upon request, either in writing or electronically, to
24 each student's school district of residence, a list of all
25 students from that school district enrolled in the charter cyber
26 school.
27 (d) Parent or guardian.--Upon request and prior to the
28 student's first day in a charter cyber school, the charter cyber
29 school shall, either in writing or electronically, provide to
30 the parent or guardian of a student the following:
20070H0446B2951 - 37 -
1 (1) A list and brief description of the courses of
2 instruction the student will receive. The list shall be
3 updated annually for each grade level in which the student is
4 enrolled.
5 (2) A description of the lessons and activities to be
6 offered both online and off-line.
7 (3) The manner in which attendance will be reported and
8 work will be authenticated.
9 (4) A list of all standardized tests the student will be
10 required to take during the school year and the place where
11 the test will be administered, if available.
12 (5) The meetings to be held during the school year
13 between a parent or guardian and a teacher and among other
14 school officials or parents or guardians and the manner in
15 which the parent or guardian will be notified of the time and
16 place for the meeting.
17 (6) The address of the charter cyber school and the
18 name, telephone number and e-mail address of the school
19 administrator and other school personnel.
20 (7) A list of any extracurricular activities provided by
21 the charter cyber school.
22 (8) The names of the student's teachers, if available,
23 and the manner in which each teacher can be contacted by the
24 student or the parent or guardian.
25 (9) A list of all services that will be provided to the
26 student by the charter cyber school.
27 (10) Copies of policies relating to computer security
28 and privacy, truancy, absences, discipline and withdrawal or
29 expulsion of students.
30 (11) Information on:
20070H0446B2951 - 38 -
1 (i) The charter cyber school's professional staff,
2 including the number of staff personnel, their education
3 level and experience.
4 (ii) The charter cyber school's performance on the
5 PSSA test and other standardized test scores.
6 (12) Information regarding the proper usage of equipment
7 and materials and the process for returning equipment and
8 materials supplied to the students by the charter cyber
9 school. A parent or guardian shall acknowledge, either in
10 writing or electronically, the receipt of this information.
11 (13) A description of the school calendar, including,
12 but not limited to, the time frame that will constitute a
13 school year and a school week, holidays and term breaks.
14 (e) Students.--For each student enrolled, a charter cyber
15 school shall:
16 (1) provide all instructional materials;
17 (2) provide all equipment, including, but not limited
18 to, a computer, computer monitor and printer; and
19 (3) provide or reimburse for all technology and services
20 necessary for the online delivery of the curriculum and
21 instruction.
22 The Commonwealth shall not be liable for any reimbursement owed
23 to students, parents or guardians by a charter cyber school
24 under paragraph (3).
25 (f) Annual report.--A charter cyber school shall submit an
26 annual report no later than August 1 of each year to the
27 department in the form prescribed by the department.
28 (g) Records and facilities.--A charter cyber school shall
29 provide the department with ongoing access to all records and
30 facilities necessary for the department to assess the charter
20070H0446B2951 - 39 -
1 cyber school in accordance with the provisions of this article.
2 (h) Offices and facilities.--A charter cyber school shall
3 maintain an administrative office within this Commonwealth where
4 all student records shall be maintained at all times and shall
5 provide the department with the addresses of all offices and
6 facilities of the charter cyber school, the ownership thereof
7 and any lease arrangements. The administrative office of the
8 charter cyber school shall be considered as the principal place
9 of business for service of process for any action brought
10 against the charter cyber school or charter cyber school staff
11 members. The charter cyber school shall notify the department of
12 any changes in this information within ten days of the change.
13 (i) Applicable law.--Any action taken against the charter
14 cyber school, its successors or assigns or its employees,
15 including any charter cyber school staff member as defined in
16 the act of December 12, 1973 (P.L.397, No.141), known as the
17 Professional Educator Discipline Act, shall be governed by the
18 laws of this Commonwealth. If the department initiates an
19 investigation or pursues an action pursuant to the Professional
20 Educator Discipline Act involving any current or former charter
21 cyber school staff member outside this Commonwealth, any
22 reasonable expenses incurred by the department in such
23 investigation or action shall be paid by the charter cyber
24 school which employed that staff member at the time of the
25 alleged misconduct.
26 Section 1724-C. Charter cyber school requirements.
27 Charter cyber schools shall be required to comply with the
28 following provisions:
29 (1) Except as otherwise provided in this article, a
30 charter cyber school is exempt from statutory requirements
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1 established in this act, from regulations of the State board
2 and the standards of the secretary not specifically
3 applicable to charter cyber schools. Charter cyber schools
4 are not exempt from statutes applicable to public schools
5 other than this act.
6 (2) A charter cyber school shall be accountable to the
7 parents, the public and the Commonwealth, with the
8 delineation of that accountability reflected in the charter.
9 Strategies for meaningful parent and community involvement
10 shall be developed and implemented by each school.
11 (3) A charter cyber school shall not unlawfully
12 discriminate in admissions, hiring or operation.
13 (4) A charter cyber school shall be nonsectarian in all
14 operations.
15 (5) A charter cyber school shall not provide any
16 religious instruction, nor shall it display religious objects
17 and symbols on the premises of the charter cyber school.
18 (6) A charter cyber school shall not advocate unlawful
19 behavior.
20 (7) A charter cyber school shall only be subject to the
21 laws and regulations as provided for in this article.
22 (8) A charter cyber school shall participate in the
23 Pennsylvania State Assessment System as provided for in 22
24 Pa. Code Ch. 4 (relating to academic standards and
25 assessment), or subsequent regulations promulgated to replace
26 22 Pa. Code Ch. 4, in the manner in which the school district
27 in which the charter cyber school is located is scheduled to
28 participate.
29 (9) A charter cyber school shall provide a minimum of
30 180 days of instruction or 900 hours per year of instruction
20070H0446B2951 - 41 -
1 at the elementary level, or 990 hours per year of instruction
2 at the secondary level. Nothing in this paragraph shall
3 preclude the use of computer and satellite linkages for
4 delivering instruction to students.
5 (10) Boards of trustees and contractors of charter cyber
6 schools shall be subject to the following statutory
7 requirements governing construction projects and
8 construction-related work:
9 (i) The following provisions of this act:
10 (A) Sections 751 and 751.1.
11 (B) Sections 756 and 757 insofar as they are
12 consistent with the act of December 20, 1967
13 (P.L.869, No.385), known as the Public Works
14 Contractors' Bond Law of 1967.
15 (ii) Section 1 of the act of May 1, 1913 (P.L.155,
16 No.104), referred to as the Separations Act.
17 (iii) The Public Works Contractors' Bond Law of
18 1967.
19 (iv) The act of March 3, 1978 (P.L.6, No.3), known
20 as the Steel Products Procurement Act.
21 (11) Trustees of a charter cyber school shall be public
22 officials.
23 Section 1725-C. School district and intermediate unit
24 responsibilities.
25 Subject to agreement between a charter cyber school and an
26 intermediate unit or school district, the intermediate unit or a
27 school district in which a student enrolled in a charter cyber
28 school resides shall do all of the following:
29 (1) Provide the charter cyber school within ten days of
30 receipt of the notice of the admission of the student under
20070H0446B2951 - 42 -
1 section 1731-C(a) with all records relating to the student,
2 including transcripts, test scores and a copy of any
3 individualized education program for that student.
4 (2) Enter into written agreements for the use of
5 intermediate units or school facilities for, but not limited
6 to, standardized testing or any program sponsored by the
7 intermediate unit or school district.
8 (3) Upon request, provide assistance to the charter
9 cyber school in the delivery of services to a student with
10 disabilities. The school district or intermediate unit shall
11 not charge the charter cyber school more for a service than
12 it charges a school district.
13 Section 1726-C. Contents of application.
14 An application to establish a charter cyber school shall
15 include all of the following information:
16 (1) The identification of the charter applicant.
17 (2) The name of the proposed charter cyber school.
18 (3) The grade or age levels served by the school.
19 (4) The proposed governance structure of the charter
20 cyber school, including a description and method for the
21 appointment or election of members of the board of trustees.
22 The board of trustees must include at least one member
23 appointed by the secretary and two members who represent the
24 intermediate unit serving that charter cyber school's region.
25 (5) The mission and education goals of the charter cyber
26 school, the curriculum to be offered and the methods of
27 assessing whether students are meeting educational goals.
28 (6) The admission policy and criteria for evaluating the
29 admission of students which shall comply with the
30 requirements of section 1730-C.
20070H0446B2951 - 43 -
1 (7) Procedures which will be used regarding the
2 suspension or expulsion of pupils. The procedures shall
3 comply with section 1318.
4 (8) Information on the manner in which community groups
5 will be involved in the charter cyber school planning
6 process.
7 (9) The financial plan for the charter cyber school and
8 the provisions which will be made for auditing the school
9 under section 437.
10 (10) Procedures which shall be established to review
11 complaints of parents regarding the operation of the charter
12 cyber school.
13 (11) A description of and address of the physical
14 facility in which the charter cyber school will be located
15 and the ownership thereof and any lease arrangements.
16 (12) Information on the proposed school calendar for the
17 charter cyber school, including the length of the school day
18 and school year consistent with the provisions of section
19 1502.
20 (13) The proposed faculty and a professional development
21 plan for the faculty of a charter cyber school.
22 (14) Whether any agreements have been entered into or
23 plans developed with the local school district regarding
24 participation of the charter cyber school students in
25 extracurricular activities within the school district.
26 (15) A report of criminal history record, pursuant to
27 section 111, for all individuals who shall have direct
28 contact or electronic contact via the Internet or e-mail with
29 students.
30 (16) An official clearance statement regarding child
20070H0446B2951 - 44 -
1 injury or abuse from the Department of Public Welfare as
2 required by 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to
3 background checks for employment in schools) for all
4 individuals who shall have direct contact with students.
5 (17) How the charter cyber school will provide adequate
6 liability and other appropriate insurance for the charter
7 cyber school, its employees and the board of trustees of the
8 charter cyber school.
9 Section 1727-C. Establishment of charter cyber school.
10 (a) Establishment.--A charter cyber school may be
11 established by:
12 (1) an individual;
13 (2) one or more teachers who will teach at the proposed
14 charter cyber school;
15 (3) parents or guardians of students who will enroll in
16 the charter cyber school;
17 (4) a nonsectarian college, university or museum located
18 in this Commonwealth;
19 (5) a nonsectarian corporation not-for-profit as defined
20 in 15 Pa.C.S. § 5103 (relating to definitions);
21 (6) a corporation, association or partnership; or
22 (7) any combination of the entities listed in paragraph
23 (1), (2), (3), (4), (5) or (6).
24 (b) Home education.--Section 1327.1 shall not apply to a
25 charter cyber school established under this article.
26 (c) Sectarian entities.--No charter cyber school shall be
27 established or funded by and no charter shall be granted to a
28 sectarian school, institution or other entity.
29 (d) Attendance.--Attendance at a charter cyber school shall
30 satisfy requirements for compulsory attendance.
20070H0446B2951 - 45 -
1 (e) Application.--An application to establish a charter
2 cyber school shall be submitted to the department by October 1
3 of the school year preceding the school year in which the
4 charter cyber school proposes to commence operation.
5 (f) Grant or denial.--Within 120 days of receipt of an
6 application, the department shall grant or deny the application.
7 The department shall review the application and shall hold at
8 least one public hearing under 65 Pa.C.S. Ch. 7 (relating to
9 open meetings). At least 30 days prior to the hearing, the
10 department shall publish in the Pennsylvania Bulletin and on the
11 department's Internet website notice of the hearing and the
12 purpose of the application.
13 (g) Evaluation criteria.--
14 (1) A charter cyber school application submitted under
15 this article shall be evaluated by the department based on
16 the following criteria:
17 (i) The demonstrated, sustainable support for the
18 charter cyber school plan by teachers, parents or
19 guardians and students.
20 (ii) The capability of the charter cyber school
21 applicant, in terms of support and planning, to provide
22 comprehensive learning experiences to students under the
23 charter.
24 (iii) The extent to which the programs outlined in
25 the application will enable students to meet the academic
26 standards under 22 Pa. Code Ch. 4 (relating to academic
27 standards and assessment) or subsequent regulations
28 promulgated to replace 22 Pa. Code Ch. 4.
29 (iv) The extent to which the application meets the
30 requirements of section 1729-C.
20070H0446B2951 - 46 -
1 (v) The extent to which the charter cyber school may
2 serve as a model for other public schools.
3 (2) Written notice of the action of the department shall
4 be sent by certified mail to the applicant and published on
5 the department's Internet website. If the application is
6 denied, the reasons for denial, including a description of
7 deficiencies in the application, shall be clearly stated in
8 the notice.
9 (3) Upon approval of a charter cyber school application,
10 a written charter shall be developed which shall contain the
11 provisions of the charter application and be signed by the
12 secretary and each member of the board of trustees of the
13 charter cyber school. The charter, when duly signed, shall
14 act as legal authorization of the establishment of a charter
15 cyber school. The charter shall be legally binding on the
16 department, the charter cyber school and its board of
17 trustees. The charter shall be for a period of no less than
18 three years nor more than five years and may be renewed for a
19 period of five years by the department.
20 (4) The decision of the department to deny an
21 application may be appealed to the appeal board.
22 (h) Funding.--Once approved a charter cyber school is
23 eligible for funding by the department pursuant to section 2527.
24 (i) Denied application.--A charter cyber school applicant
25 may revise and resubmit a denied application to the department.
26 The department shall grant or deny the revised application
27 within 60 days after its receipt.
28 (j) Appeal.--If the department fails to hold the required
29 public hearing or to approve or disapprove the charter, the
30 applicant may file its application as an appeal to the appeal
20070H0446B2951 - 47 -
1 board. The appeal board shall review the application and make a
2 decision to approve or disapprove the charter based on the
3 criteria in subsection (g).
4 Section 1728-C. Appeal board review.
5 (a) Jurisdiction.--The appeal board shall have the exclusive
6 review of an appeal by a charter cyber school applicant or by
7 the board of trustees of a charter cyber school on the decisions
8 of the department, including:
9 (1) The denial of an application for a charter.
10 (2) The denial of a renewal of a charter.
11 (3) The revocation of a charter.
12 (4) An appeal under section 1727-C(j).
13 (b) Procedure.--The appeal board shall:
14 (1) Review the decision made by the department under
15 subsection (a) on the record as certified by the department.
16 The secretary shall recuse himself from all charter cyber
17 school appeals and shall not participate in a hearing,
18 deliberation or vote on a charter cyber school appeal. The
19 appeal board may allow the department, the charter cyber
20 school applicant or the board of trustees of a charter cyber
21 school to supplement the record if the supplemental
22 information was previously unavailable.
23 (2) Meet to officially review the certified record no
24 later than 30 days after the date of filing the appeal.
25 (3) Issue a written decision affirming or denying the
26 appeal no later than 60 days following its review.
27 (4) In the case of a decision by the department to deny
28 a charter cyber application, make its decision based on
29 section 1727-C(g)(1). A decision by the appeal board to
30 reverse the decision of the department and grant a charter
20070H0446B2951 - 48 -
1 shall serve as a requirement for the secretary to sign the
2 written charter of the charter cyber school.
3 (5) In the case of a decision by the department to
4 revoke or deny renewal of charter of a charter cyber school
5 in accordance with section 1721-C(a)(3), make its decision
6 based on section 1717-C(a). A decision of the appeal board to
7 reverse the decision of the department to not revoke or deny
8 renewal of a charter shall serve as a requirement of the
9 department to not revoke or to not deny renewal of the
10 charter of the charter cyber school.
11 (c) Stay.--If the department appeals the decision of the
12 appeal board, the appeal board's decision shall be stayed only
13 upon order of the appeal board, the Commonwealth Court or the
14 Pennsylvania Supreme Court.
15 (d) Review.--All decisions of the appeal board shall be
16 subject to appellate review by the Commonwealth Court.
17 Section 1729-C. Charter cyber school application.
18 In addition to the provisions of section 1726-C, an
19 application to establish a charter cyber school shall also
20 include the following:
21 (1) The curriculum to be offered and how it meets the
22 requirements of 22 Pa. Code Ch. 4 (relating to academic
23 standards and assessment) or subsequent regulations
24 promulgated to replace 22 Pa. Code Ch. 4.
25 (2) The number of courses required for elementary and
26 secondary students.
27 (3) An explanation of the amount of online time required
28 for elementary and secondary students.
29 (4) The manner in which teachers will deliver
30 instruction, assess academic progress and communicate with
20070H0446B2951 - 49 -
1 students to provide assistance.
2 (5) A specific explanation of any cooperative learning
3 opportunities, meetings with students, parents and guardians,
4 field trips or study sessions.
5 (6) The technology, including types of hardware and
6 software, equipment and other materials which will be
7 provided by the charter cyber school to the student.
8 (7) A description of how the charter cyber school will
9 define and monitor a student's school day, including the
10 delineation of online and off-line time.
11 (8) A description of commercially prepared standardized
12 achievement tests that will be used by the charter cyber
13 school in addition to the Pennsylvania System of School
14 Assessment test, including the grade levels that will be
15 tested and how the data collected from the tests will be used
16 to improve instruction.
17 (9) The technical support that will be available to
18 students and parents or guardians.
19 (10) The privacy and security measures to ensure the
20 confidentiality of data gathered online.
21 (11) The level of anticipated enrollment during each
22 school year of the proposed charter, including expected
23 increases due to the addition of grade levels.
24 (12) The methods to be used to insure the authenticity
25 of student work and adequate proctoring of examinations.
26 (13) The provision of education and related services to
27 students with disabilities, including evaluation and the
28 development and revision of individualized education
29 programs.
30 (14) Policies regarding truancy, absences and withdrawal
20070H0446B2951 - 50 -
1 of students, including the manner in which the charter cyber
2 school will monitor attendance consistent with the provisions
3 of section 1724-C(9).
4 (15) The types and frequency of communication between
5 the charter cyber school and the student and the manner in
6 which the charter cyber school will communicate with parents
7 and guardians.
8 (16) The addresses of all facilities and offices of the
9 charter cyber school, the ownership thereof and any lease
10 arrangements.
11 Section 1730-C. Enrollment.
12 (a) General rule.--All resident children in this
13 Commonwealth qualify for admission to a charter cyber school
14 within the provisions of subsection (b). If more students apply
15 to the charter cyber school than the number of attendance slots
16 available in the school, then students must be selected on a
17 random basis from a pool of qualified applicants meeting the
18 established eligibility criteria and submitting an application
19 by the deadline established by the charter cyber school, except
20 that the charter cyber school may give preference in enrollment
21 to a child of a parent who has actively participated in the
22 development of the charter cyber school and to siblings of
23 students presently enrolled in the charter cyber school.
24 (b) Admission policy.--
25 (1) A charter cyber school shall not discriminate in its
26 admission policies or practices on the basis of intellectual
27 ability, except as provided in paragraph (2), or athletic
28 ability, measures of achievement or aptitude, status as a
29 person with a disability, proficiency in the English language
30 or any other basis that would be illegal if used by a school
20070H0446B2951 - 51 -
1 district.
2 (2) A charter cyber school may limit admission to a
3 particular grade level, a targeted population group composed
4 of at-risk students, or areas of concentration of the school
5 such as mathematics, science or the arts. A charter cyber
6 school may establish reasonable criteria to evaluate
7 prospective students which shall be outlined in the school's
8 charter.
9 (c) Nonresident students.--If available classroom space
10 permits, a charter cyber school may enroll nonresident students
11 on a space-available basis, and the student's district of
12 residence shall permit the student to attend the charter school.
13 The terms and conditions of the enrollment shall be outlined in
14 the school's charter.
15 Section 1731-C. Enrollment and notification.
16 (a) Notice to school district.--
17 (1) Within 15 days of the enrollment of a student to a
18 charter cyber school, the parent or guardian and the charter
19 cyber school shall notify the student's school district of
20 residence of the enrollment through the use of the
21 notification form under subsection (b).
22 (2) If a school district which has received notice under
23 paragraph (1) determines that a student is not a resident of
24 the school district, the following apply:
25 (i) Within seven days of receipt of the notice under
26 paragraph (1), the school district shall notify the
27 charter cyber school and the department that the student
28 is not a resident of the school district. Notification of
29 nonresidence shall include the basis for the
30 determination.
20070H0446B2951 - 52 -
1 (ii) Within seven days of notification under
2 subparagraph (i), the charter cyber school shall review
3 the notification of nonresidence, respond to the school
4 district and provide a copy of the response to the
5 department.
6 (iii) Within seven days of receipt of the response
7 under subparagraph (ii), the school district shall notify
8 the charter cyber school that it agrees with the charter
9 cyber school's determination or does not agree with the
10 charter cyber school's determination.
11 (iv) A school district that has notified the charter
12 cyber school that it does not agree with the charter
13 cyber school's determination under subparagraph (iii)
14 shall appeal to the department for a final determination.
15 (v) All decisions of the department regarding the
16 school district of residence of a student shall be
17 subject to review by the Commonwealth Court.
18 (vi) If a final determination is made that a student
19 is not a resident of an appealing school district, the
20 charter cyber school shall return all funds provided on
21 behalf of that student to the department within 30 days.
22 (b) Notification form.--The department shall develop a
23 notification form for use under subsection (a). The notification
24 shall include:
25 (1) The name, home address and mailing address of the
26 student.
27 (2) The grade in which the student is being enrolled.
28 (3) The date the student will be enrolled.
29 (4) The name and address of the charter cyber school and
30 the name and telephone number of a contact person able to
20070H0446B2951 - 53 -
1 provide information regarding the charter cyber school.
2 (5) The signature of the parent or guardian and an
3 authorized representative of the charter cyber school.
4 (c) Withdrawal.--The charter cyber school and the parent or
5 guardian of a student enrolled in a charter cyber school shall
6 provide written notification to the student's school district of
7 residence within 15 days following the withdrawal of a student
8 from the charter cyber school.
9 Section 1732-C. Equipment.
10 All computers, software and Internet connections are the
11 property of the charter cyber school, not the parents or the
12 students, and the disposition of the property of the school is
13 left to the school itself. If a student leaves the charter cyber
14 school, the student must return the school's property to it in
15 usable condition or pay a fine in the form of fair market value
16 for it, enforceable in a court of law.
17 Section 1733-C. Extracurricular activities.
18 (a) Prohibitions.--Notwithstanding any provision to the
19 contrary, no school district of residence shall prohibit a
20 student of a charter cyber school from participating in any
21 extracurricular activity of that school district of residence,
22 provided, that the student is able to fulfill all of the
23 requirements of participation in such activity and the charter
24 school does not provide the same extracurricular activity.
25 (b) Written agreements.--The school districts and charter
26 cyber schools shall enter into a written agreement that
27 includes, but is not limited to, the following provisions:
28 (1) Eligibility criteria that apply to charter cyber
29 school students for participation in the activity.
30 (2) Tryout criteria that apply to charter cyber school
20070H0446B2951 - 54 -
1 students for participation in the activity.
2 (3) The method by which charter cyber schools shall
3 inform school districts that the charter cyber school's
4 students meet the eligibility and tryout criteria and also
5 comply with all policies, rules and regulations, or their
6 equivalent, of the governing organization of the activity.
7 (4) Any transportation, safety or security issues that
8 the parties desire to address.
9 (c) Physical examination or medical testing.--Where the
10 activity requires completion of a physical examination or
11 medical test as a condition of participation and the school
12 district of residence offers such physical examination or
13 medical test to students enrolled in the school district, the
14 school district of residence shall permit a child who is
15 enrolled in a charter cyber school to access such physical
16 examination or medical test. The school district shall publish
17 the dates and times of such physical examination or medical test
18 on its publicly accessible Internet website.
19 Section 1734-C. Applicability of other provisions of this act
20 and of other acts and regulations.
21 (a) General requirements.--Charter cyber schools shall be
22 subject to the following:
23 (1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
24 436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,
25 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,
26 1302, 1310, 1317.2, 1318, 1330, 1332, 1303-A, 1518, 1521,
27 1523, 1531, 1547, 1721-A, 1730-A, 1731-A(a)(1) and (b) and
28 2014-A, Articles XIII-A and XIV and former Article XII-A.
29 (2) The act of July 17, 1961 (P.L.776, No.341), known as
30 the Pennsylvania Fair Educational Opportunities Act.
20070H0446B2951 - 55 -
1 (3) The act of July 19, 1965 (P.L.215, No.116), entitled
2 "An act providing for the use of eye protective devices by
3 persons engaged in hazardous activities or exposed to known
4 dangers in schools, colleges and universities."
5 (4) Section 4 of the act of January 25, 1966 (1965
6 P.L.1546, No.541), entitled "An act providing scholarships
7 and providing funds to secure Federal funds for qualified
8 students of the Commonwealth of Pennsylvania who need
9 financial assistance to attend postsecondary institutions of
10 higher learning, making an appropriation, and providing for
11 the administration of this act."
12 (5) The act of July 12, 1972 (P.L.765, No.181), entitled
13 "An act relating to drugs and alcohol and their abuse,
14 providing for projects and programs and grants to educational
15 agencies, other public or private agencies, institutions or
16 organizations."
17 (6) The act of December 15, 1986 (P.L.1595, No.175),
18 known as the Antihazing Law.
19 (b) Regulations.--Charter cyber schools shall be subject to
20 the following provisions of 22 Pa. Code (relating to education):
21 (1) Chapter 4 (relating to academic standards and
22 assessment).
23 (2) Chapter 11 (relating to student attendance).
24 (3) Chapter 12 (relating to students and student
25 services).
26 (4) Section 32.3 (relating to assurances).
27 (5) Section 121.3 (relating to discrimination
28 prohibited).
29 (6) Section 235.4 (relating to practices).
30 (7) Section 235.8 (relating to civil rights).
20070H0446B2951 - 56 -
1 (8) Chapter 711 (relating to charter school services and
2 programs for children with disabilities).
3 (c) Bidding requirements.--Charter cyber schools are subject
4 to the same bidding requirements as school districts and other
5 governmental entities in this Commonwealth.
6 (d) Existing charter schools.--
7 (1) The charter of a charter school approved under
8 section 1717-A or 1718-A which provides instruction through
9 the Internet or other electronic means shall remain in effect
10 for the duration of the charter and shall be subject to the
11 provisions of section 1741-C.
12 (2) In addition to subsections (a) and (b), the
13 following provisions of this article shall apply to a charter
14 school approved under section 1717-A or 1718-A which provides
15 instruction through the Internet or other electronic means:
16 (i) Section 1723-C(c), (d), (e), (h) and (i).
17 (ii) Section 1725-C.
18 (iii) Section 1731-C.
19 (d) Miscellaneous Provisions
20 Section 1741-C. Effect on certain existing charter schools.
21 (a) Determination.--For a charter school approved under
22 section 1717-A or 1718-A which provides instruction through the
23 Internet or other electronic means, the department shall
24 determine:
25 (1) whether the charter school is in compliance with
26 this article;
27 (2) whether the charter school has provided notification
28 of the enrollment of each existing student to the school
29 district of residence; and
30 (3) how the charter school plans to comply with section
20070H0446B2951 - 57 -
1 1723-C.
2 (b) Notification of compliance.--The department shall:
3 (1) Notify each charter school and the chartering school
4 district of the department's determination under subsection
5 (a). The notification shall include specific requirements
6 with which the charter school has failed to comply.
7 (2) Publish a copy of the notification on the
8 department's Internet website.
9 (c) Charter school requirement.--A charter school subject to
10 the requirements of this section shall, either in writing or
11 electronically, provide the parent or guardian of any student
12 enrolled in the charter school a copy of the department's
13 determination under subsection (b).
14 (d) School districts.--A school district shall not renew the
15 charter of a charter school approved under section 1717-A or
16 1718-A which provides instruction through the Internet or other
17 electronic means or approve a charter for a charter cyber
18 school.
19 (e) Renewal of charter for certain existing charter
20 schools.--Upon the expiration of its charter, a charter school
21 approved under section 1717-A or 1718-A which provides
22 instruction through the Internet or other electronic means shall
23 seek renewal of its charter from the department under this
24 article. The charter shall be amended as needed to reflect the
25 requirements of this article.
26 Section 1742-C. Regulations.
27 The department may issue regulations to implement this
28 article.
29 Section 6. The act is amended by adding sections to read:
30 Section 2527. Payments to Charter Cyber Schools.--(a)
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1 Notwithstanding any other provision of this article, each
2 charter cyber school shall be paid by the Commonwealth on
3 account of the instruction of pupils an amount as follows:
4 (1) For nonspecial education pupils:
5 (i) Five thousand dollars ($5,000) per pupil enrolled in a
6 charter cyber school enrolling one thousand (1,000) or fewer
7 pupils.
8 (ii) Four thousand dollars ($4,000) per pupil enrolled in a
9 charter cyber school enrolling between one thousand one (1,001)
10 pupils and four thousand nine hundred ninety-nine (4,999)
11 pupils.
12 (iii) Three thousand dollars ($3,000) per pupil enrolled in
13 a charter cyber school enrolling five thousand (5,000) pupils or
14 more.
15 (2) For special education pupils, the amount shall be
16 equivalent to the cost of a nonspecial education pupil as set
17 forth in paragraph (1), plus the actual cost of providing
18 special education services at the charter cyber school in
19 accordance with the pupil's individualized education program.
20 (3) Enrollments shall be determined by the number of
21 students enrolled in the charter cyber school as of May 31 of
22 the previous school year or, in the case of a new charter cyber
23 school, the enrollment as of the first day of the current school
24 year.
25 (b) A student enrolled in a charter cyber school shall not
26 be included in the average daily membership of the student's
27 district of residence for the purpose of providing basic
28 education funding payments and special education funding
29 pursuant to this article.
30 (c) The department shall not be required to provide per
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1 pupil funding to charter cyber schools for any student who does
2 not meet the minimum requirements for the age of beginners
3 established by the board of school directors in the student's
4 school district of residence.
5 (d) Payments to charter cyber schools shall be paid through
6 a separate line item from the department's payments to school
7 districts and shall not be deducted from a school district's
8 basic education subsidy.
9 Section 2528. Requirements for Charter Cyber School
10 Budgeting.--(a) The board of trustees of each charter cyber
11 school shall, annually, at least thirty (30) days prior to the
12 adoption of the annual budget, prepare a proposed budget of the
13 amount of funds that will be required by the charter cyber
14 school in its departments for the following fiscal year. Such
15 proposed budget shall be prepared on a uniform form, prepared
16 and furnished by the Department of Education. On the date of the
17 adoption of the proposed budget, the board of trustees shall
18 certify to the Department of Education that the proposed budget
19 has been prepared, presented and will be made available for
20 public inspection, upon request, using the uniform form prepared
21 and furnished by the department as follows:
22 (1) Upon request, the proposed budget shall be made
23 available for duplication to any person at least twenty (20)
24 days prior to the date set for the adoption of the budget.
25 (2) Fees for duplication under this paragraph by
26 photocopying, printing from electronic media, transmission by
27 facsimile or other electronic means and other means for
28 duplication must be reasonable and based on prevailing fees for
29 comparable duplication services provided by local business
30 entities.
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1 (b) The board of trustees shall adopt a budget by the
2 thirtieth day of June of each year. The budget shall include the
3 State appropriation and any gifts or grants awarded to the
4 charter cyber school. Within fifteen (15) days after the
5 adoption of the budget, the board of trustees shall file a copy
6 of the same with the Department of Education and with the
7 Education Committee of the Senate and the Education Committee of
8 the House of Representatives by the fifteenth day of September
9 each year.
10 (c) The board of trustees may, during any fiscal year, make
11 additional appropriations or increase existing appropriations to
12 meet emergencies, such as epidemics, floods, fires or other
13 catastrophes.
14 (d) The board of trustees shall have the power to authorize
15 the transfer of any unencumbered balance, or any portion
16 thereof, from one class of expenditure or item to another, but
17 such action shall be taken only during the last nine (9) months
18 of the fiscal year.
19 Section 2529. Limitations on Certain Unreserved Fund
20 Balances.--(a) For the school year 2007-2008, and each school
21 year thereafter, no charter cyber school shall adopt a budget
22 that includes an estimated ending unreserved, undesignated fund
23 balance that is more than ten per centum (10%) of the charter
24 cyber school's total budgeted expenditures. If a charter cyber
25 school fails to comply with this section, the department shall
26 deduct from the department's next payment to the charter cyber
27 school the amount by which the estimated ending unreserved,
28 undesignated fund balances exceed the ten per centum (10%)
29 threshold of total budgeted expenditures.
30 (b) By August 15, 2007, and on the fifteenth day of August
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1 of each year thereafter, each charter cyber school shall provide
2 the Department of Education with information certifying
3 compliance with this section. Such information shall be provided
4 in a form and manner prescribed by the Department of Education
5 and shall include information on the charter cyber school's
6 estimated unreserved, undesignated fund balance as a dollar
7 amount and as a percentage of the charter cyber school's total
8 budgeted expenditures for that school year.
9 (c) As used in this section, "estimated ending unreserved,
10 undesignated fund balance" shall mean that portion of the fund
11 balance which is appropriable for a specific or tentative future
12 use, that is projected to remain in the general fund accounts of
13 the charter cyber school at the close of the school year for
14 which a charter cyber school's budget was adopted.
15 Section 2530. Auditing Requirements.--(a) The finances of
16 every charter cyber school in every department thereof, together
17 with the account of all charter cyber school treasurers, school
18 depositories, teachers' retirement funds, teachers' institute
19 funds, directors' association funds, sinking funds and other
20 funds belonging to or controlled by the charter cyber school,
21 shall be properly audited by an independent auditor who shall be
22 a certified public accountant who shall be named prior to the
23 end of the fiscal year and shall have all the powers and duties
24 of such other auditors provided for within this act, except that
25 the audit shall be made in accordance with generally accepted
26 auditing standards. The compensation of the independent auditor
27 shall be fixed by the charter cyber school's board of trustees
28 and shall be paid from the funds of the charter cyber school.
29 (b) In order that the aforesaid account may be thoroughly
30 and properly audited, it shall be the duty of all charter cyber
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1 schools' boards of trustees and other proper persons to furnish
2 to such auditors, whenever required by them for auditing
3 purposes, statements and accounts of all finances of the charter
4 cyber school and other funds belonging to or controlled by the
5 charter cyber school, including assets and liabilities, together
6 with access to all books, records, tax duplicates, vouchers,
7 school orders, payrolls, letters and other matters pertaining to
8 the same.
9 (c) The auditors, as provided in subsection (a), shall have
10 the power and are hereby authorized to issue subpoenas to compel
11 the attendance of charter cyber school officials or other
12 persons whom they deem necessary to examine as witnesses and to
13 compel the production of all books, records, vouchers, letters
14 and papers relating to any accounts being audited by them. The
15 auditors shall have the power to administer oaths or
16 affirmations to all persons appearing before them as witnesses,
17 and any person guilty of testifying falsely in any such
18 examination shall be guilty of perjury and be liable for and
19 subject to all the penalties provided therefor.
20 (d) In every charter cyber school, the proper auditors,
21 pursuant to subsection (a), shall audit the finances of the
22 charter cyber school by beginning their duties on the first day
23 of July of each year, and promptly, within thirty (30) days,
24 audit the accounts of the charter cyber school for which they
25 were appointed. On the completion of the audit, the auditors
26 shall make correct copies thereof, which shall contain an
27 itemized statement of all receipts, expenditures and credits,
28 whatsoever, of charter cyber school officials, and the assets
29 and liabilities of the charter cyber school. One copy shall be
30 filed with the board of trustees of the charter cyber school,
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1 one copy in the court of common pleas of the county in which the
2 charter cyber school is located, one copy with the board of
3 directors of the intermediate unit in which the charter cyber
4 school is located, one copy with the school board of directors
5 of the school district in which the charter cyber school is
6 located, and one copy with the Department of Education. The copy
7 shall be sent by registered mail with return receipt requested
8 to the Secretary of Education.
9 (e) The charter cyber school, upon receipt of a copy of the
10 audit, shall make the audit available for public inspection on
11 the charter cyber school's publicly accessible Internet website.
12 (f) The Secretary of Education may investigate the financial
13 records of any charter cyber school in person or by his
14 authorized representative.
15 (g) Charter cyber schools shall also be subject to sections
16 2451, 2452, 2453, 2454 and 2455.
17 Section 7. Section 2591.1(c.1) of the act, added July 4,
18 2004 (P.L.536, No.70), is amended and the section is amended by
19 adding a subsection to read:
20 Section 2591.1. Commonwealth Reimbursements for Charter
21 Schools and Cyber Charter Schools.--* * *
22 (c.1) For the 2003-2004 school year [and each school year
23 thereafter] through the 2006-2007 school year, the Commonwealth
24 shall pay to each school district with resident students
25 enrolled during the immediately preceding school year in a
26 charter school, a charter school approved under section 1717-A
27 or 1718-A which provides instruction through the Internet or
28 other electronic means or a cyber charter school as defined
29 under Article XVII-A, an amount equal to thirty percent (30%) of
30 the total funding required under section 1725-A(a).
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1 (c.2) For the 2007-2008 school year and each school year
2 thereafter, the Commonwealth shall pay to each school district
3 with resident students enrolled during the immediately preceding
4 school year in a charter school, an amount equal to thirty
5 percent (30%) of the total funding required under section 1725-
6 A(a).
7 * * *
8 Section 8. This act shall apply to the 2007-2008 school year
9 and thereafter.
10 Section 9. This act shall take effect immediately.
11 SECTION 1. SECTION 1703-A OF THE ACT OF MARCH 10, 1949 <--
12 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
13 AMENDED BY ADDING DEFINITIONS TO READ:
14 SECTION 1703-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
15 * * *
16 "CYBER CHARTER SCHOOL FUND BALANCE LIMIT" SHALL MEAN THE
17 AMOUNT DETERMINED UNDER SECTION 1725-A.
18 "CYBER EDUCATION REAL COST LEVEL" SHALL MEAN THE AMOUNT
19 ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1725-A.
20 "CYBER SPECIAL EDUCATION REAL COST LEVEL" SHALL MEAN THE
21 AMOUNT ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1725-A.
22 * * *
23 "EMPLOYMENT COST INDEX" SHALL HAVE THE SAME MEANING AS GIVEN
24 TO IT IN SECTION 302 OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS.,
25 P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT.
26 * * *
27 "STATEWIDE AVERAGE WEEKLY WAGE" SHALL HAVE THE SAME MEANING
28 AS GIVEN TO IT IN SECTION 302 OF THE ACT OF JUNE 27, 2006 (1ST
29 SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT.
30 SECTION 2. SECTION 1724-A(G) AND (I) OF THE ACT, ADDED JUNE
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1 19, 1997 (P.L.225, NO.22), ARE AMENDED TO READ:
2 SECTION 1724-A. SCHOOL STAFF.--* * *
3 (G) [PROFESSIONAL] EXCEPT AS PROVIDED UNDER SECTION 1743-
4 A(K), PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL TEACHING OR
5 ADMINISTRATIVE CERTIFICATE MAY, AT THEIR OPTION, HAVE THE TIME
6 COMPLETED IN SATISFACTORY SERVICE IN A CHARTER SCHOOL APPLIED TO
7 THE LENGTH OF SERVICE REQUIREMENTS FOR THE NEXT LEVEL OF
8 CERTIFICATION.
9 * * *
10 (I) ALL INDIVIDUALS WHO SHALL HAVE DIRECT CONTACT WITH
11 STUDENTS OR CONTACT THROUGH ELECTRONIC MEANS VIA THE INTERNET OR
12 E-MAIL WITH STUDENTS SHALL BE REQUIRED TO SUBMIT A REPORT OF
13 CRIMINAL HISTORY RECORD INFORMATION AS PROVIDED FOR IN SECTION
14 111 PRIOR TO ACCEPTING A POSITION WITH THE CHARTER SCHOOL. THIS
15 SUBSECTION SHALL ALSO APPLY TO ANY INDIVIDUAL WHO VOLUNTEERS TO
16 WORK ON A FULL-TIME OR PART-TIME BASIS AT THE CHARTER SCHOOL.
17 * * *
18 SECTION 3. SECTION 1725-A(A) OF THE ACT, AMENDED JUNE 29,
19 2002 (P.L.524, NO.88), IS AMENDED TO READ:
20 SECTION 1725-A. FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING
21 FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER:
22 (1) THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT OR
23 NONRESIDENT STUDENT ATTENDING A CHARTER SCHOOL.
24 (1.1) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
25 THEREAFTER, THE DEPARTMENT SHALL ESTABLISH A CYBER EDUCATION
26 REAL COST LEVEL AND A CYBER SPECIAL EDUCATION REAL COST LEVEL AS
27 FOLLOWS:
28 (I) THE DEPARTMENT SHALL ESTABLISH THE CYBER EDUCATION REAL
29 COST LEVEL FOR THE 2008-2009 SCHOOL YEAR BY DETERMINING THE
30 LOWEST 2006-2007 TOTAL EXPENDITURES PER AVERAGE DAILY
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1 MEMBERSHIP, AFTER HAVING SUBTRACTED ALL EXPENDITURES FOR SPECIAL
2 EDUCATION, OF ALL CYBER CHARTER SCHOOLS THAT ACHIEVED ADEQUATE
3 YEARLY PROGRESS IN THE 2006-2007 SCHOOL YEAR. THE AMOUNT SHALL
4 BE CERTIFIED BY THE DEPARTMENT AND ADJUSTED ANNUALLY BY THE
5 PERCENTAGE INCREASE IN THE AVERAGE OF THE STATEWIDE AVERAGE
6 WEEKLY WAGE AND THE EMPLOYMENT COST INDEX.
7 (II) THE DEPARTMENT SHALL ESTABLISH THE CYBER SPECIAL
8 EDUCATION REAL COST LEVEL FOR THE 2008-2009 SCHOOL YEAR BY
9 CALCULATING THE SUM OF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH
10 (I) AND THE LOWEST 2006-2007 EXPENDITURES FOR SPECIAL EDUCATION
11 PER SPECIAL EDUCATION STUDENT OF ALL CYBER CHARTER SCHOOLS THAT
12 ACHIEVED ADEQUATE YEARLY PROGRESS IN THE 2006-2007 SCHOOL YEAR.
13 THE AMOUNT SHALL BE CERTIFIED BY THE DEPARTMENT AND ADJUSTED
14 ANNUALLY BY THE PERCENTAGE INCREASE IN THE AVERAGE OF THE
15 STATEWIDE AVERAGE WEEKLY WAGE AND THE EMPLOYMENT COST INDEX.
16 (2) (I) FOR NON-SPECIAL EDUCATION STUDENTS ENROLLED IN A
17 CHARTER SCHOOL THAT IS NOT A CYBER CHARTER SCHOOL, THE CHARTER
18 SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED NO LESS THAN THE
19 BUDGETED TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP OF THE
20 PRIOR SCHOOL YEAR, AS DEFINED IN SECTION 2501(20), MINUS THE
21 BUDGETED EXPENDITURES OF THE DISTRICT OF RESIDENCE FOR NONPUBLIC
22 SCHOOL PROGRAMS; ADULT EDUCATION PROGRAMS; COMMUNITY/JUNIOR
23 COLLEGE PROGRAMS; STUDENT TRANSPORTATION SERVICES; FOR SPECIAL
24 EDUCATION PROGRAMS; FACILITIES ACQUISITION, CONSTRUCTION AND
25 IMPROVEMENT SERVICES; AND OTHER FINANCING USES, INCLUDING DEBT
26 SERVICE AND FUND TRANSFERS AS PROVIDED IN THE MANUAL OF
27 ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR PENNSYLVANIA
28 SCHOOL SYSTEMS ESTABLISHED BY THE DEPARTMENT. THIS AMOUNT SHALL
29 BE PAID BY THE DISTRICT OF RESIDENCE OF EACH STUDENT.
30 (II) (A) IN THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
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1 THEREAFTER, FOR NON-SPECIAL EDUCATION STUDENTS ENROLLED IN A
2 CYBER CHARTER SCHOOL, THE CYBER CHARTER SCHOOL SHALL RECEIVE FOR
3 EACH STUDENT ENROLLED THE LESSER OF:
4 (I) AN AMOUNT EQUAL TO THE CYBER EDUCATION REAL COST LEVEL.
5 (II) THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I).
6 (B) THE AMOUNT UNDER THIS SUBPARAGRAPH SHALL BE PAID BY THE
7 DISTRICT OF RESIDENCE OF EACH STUDENT.
8 (3) (I) FOR SPECIAL EDUCATION STUDENTS ENROLLED IN A
9 CHARTER SCHOOL THAT IS NOT A CYBER CHARTER SCHOOL, THE CHARTER
10 SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED THE SAME FUNDING
11 AS FOR EACH NON-SPECIAL EDUCATION STUDENT AS PROVIDED IN CLAUSE
12 (2), PLUS AN ADDITIONAL AMOUNT DETERMINED BY DIVIDING THE
13 DISTRICT OF RESIDENCE'S TOTAL SPECIAL EDUCATION EXPENDITURE BY
14 THE PRODUCT OF MULTIPLYING THE COMBINED PERCENTAGE OF SECTION
15 2509.5(K) TIMES THE DISTRICT OF RESIDENCE'S TOTAL AVERAGE DAILY
16 MEMBERSHIP FOR THE PRIOR SCHOOL YEAR. THIS AMOUNT SHALL BE PAID
17 BY THE DISTRICT OF RESIDENCE OF EACH STUDENT.
18 (II) (A) IN THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
19 THEREAFTER, FOR SPECIAL EDUCATION STUDENTS ENROLLED IN A CYBER
20 CHARTER SCHOOL, THE CYBER CHARTER SCHOOL SHALL RECEIVE FOR EACH
21 STUDENT ENROLLED THE LESSER OF:
22 (I) AN AMOUNT EQUAL TO THE COST OF THE CYBER SPECIAL
23 EDUCATION REAL COST LEVEL.
24 (II) THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I).
25 (B) THE AMOUNT UNDER THIS SUBPARAGRAPH SHALL BE PAID BY THE
26 DISTRICT OF RESIDENCE OF EACH STUDENT.
27 (4) A CHARTER SCHOOL MAY REQUEST THE INTERMEDIATE UNIT IN
28 WHICH THE CHARTER SCHOOL IS LOCATED TO PROVIDE SERVICES TO
29 ASSIST THE CHARTER SCHOOL TO ADDRESS THE SPECIFIC NEEDS OF
30 EXCEPTIONAL STUDENTS. THE INTERMEDIATE UNIT SHALL ASSIST THE
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1 CHARTER SCHOOL AND BILL THE CHARTER SCHOOL FOR THE SERVICES. THE
2 INTERMEDIATE UNIT MAY NOT CHARGE THE CHARTER SCHOOL MORE FOR ANY
3 SERVICE THAN IT CHARGES THE CONSTITUENT DISTRICTS OF THE
4 INTERMEDIATE UNIT.
5 (5) PAYMENTS SHALL BE MADE TO THE CHARTER SCHOOL IN TWELVE
6 (12) EQUAL MONTHLY PAYMENTS, BY THE FIFTH DAY OF EACH MONTH,
7 WITHIN THE OPERATING SCHOOL YEAR. A STUDENT ENROLLED IN A
8 CHARTER SCHOOL SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP
9 OF THE STUDENT'S DISTRICT OF RESIDENCE FOR THE PURPOSE OF
10 PROVIDING BASIC EDUCATION FUNDING PAYMENTS AND SPECIAL EDUCATION
11 FUNDING PURSUANT TO ARTICLE XXV. IF A SCHOOL DISTRICT FAILS TO
12 MAKE A PAYMENT TO A CHARTER SCHOOL AS PRESCRIBED IN THIS CLAUSE,
13 THE SECRETARY SHALL DEDUCT THE ESTIMATED AMOUNT, AS DOCUMENTED
14 BY THE CHARTER SCHOOL, FROM ANY AND ALL STATE PAYMENTS MADE TO
15 THE DISTRICT AFTER RECEIPT OF DOCUMENTATION FROM THE CHARTER
16 SCHOOL. IN THE CASE OF PAYMENT OWED TO A CYBER CHARTER SCHOOL, A
17 PENALTY OF THREE PER CENTUM SHALL BE ADDED TO THE AMOUNT AND
18 FORWARDED TO THE CYBER CHARTER SCHOOL.
19 (6) WITHIN THIRTY (30) DAYS AFTER THE SECRETARY MAKES THE
20 DEDUCTION DESCRIBED IN CLAUSE (5), A SCHOOL DISTRICT MAY NOTIFY
21 THE SECRETARY THAT THE DEDUCTION MADE FROM STATE PAYMENTS TO THE
22 DISTRICT UNDER THIS SUBSECTION IS INACCURATE. THE SECRETARY
23 SHALL PROVIDE THE SCHOOL DISTRICT WITH AN OPPORTUNITY TO BE
24 HEARD CONCERNING WHETHER THE CHARTER SCHOOL DOCUMENTED THAT ITS
25 STUDENTS WERE ENROLLED IN THE CHARTER SCHOOL, THE PERIOD OF TIME
26 DURING WHICH EACH STUDENT WAS ENROLLED, THE SCHOOL DISTRICT OF
27 RESIDENCE OF EACH STUDENT AND WHETHER THE AMOUNTS DEDUCTED FROM
28 THE SCHOOL DISTRICT WERE ACCURATE. THE SECRETARY SHALL RESCIND
29 ANY PENALTY PAID TO A CYBER CHARTER SCHOOL UNDER CLAUSE (5) ON
30 BEHALF OF A STUDENT FOR WHOM BILLING WAS INACCURATE AS
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1 DETERMINED UNDER THIS CLAUSE.
2 (7) (I) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
3 THEREAFTER, NO CYBER CHARTER SCHOOL SHALL ACCUMULATE AN
4 UNRESERVED, UNDESIGNATED FUND BALANCE GREATER THAN THE CYBER
5 CHARTER FUND BALANCE LIMIT, WHICH SHALL BE DETERMINED AS
6 FOLLOWS:
7 CYBER CHARTER SCHOOL TOTAL MAXIMUM UNRESERVED,
8 BUDGETED EXPENDITURES UNDESIGNATED FUND
9 BALANCE AS PERCENTAGE
10 OF TOTAL BUDGETED
11 EXPENDITURES
12 LESS THAN OR EQUAL TO $11,999,999 12%
13 BETWEEN $12,000,000 AND $12,999,999 11.5%
14 BETWEEN $13,000,000 AND $13,999,999 11%
15 BETWEEN $14,000,000 AND $14,999,999 10.5%
16 BETWEEN $15,000,000 AND $15,999,999 10%
17 BETWEEN $16,000,000 AND $16,999,999 9.5%
18 BETWEEN $17,000,000 AND $17,999,999 9%
19 BETWEEN $18,000,000 AND $18,999,999 8.5%
20 GREATER THAN OR EQUAL TO $19,000,000 8%
21 (II) ANY UNRESERVED, UNDESIGNATED FUND BALANCE IN PLACE ON
22 JUNE 30, 2008, THAT EXCEEDS THE CYBER CHARTER FUND BALANCE LIMIT
23 SHALL BE DISTRIBUTED BY THE CYBER CHARTER SCHOOL AS FOLLOWS:
24 (A) THE CYBER CHARTER SCHOOL MAY EXPEND UP TO FORTY PER
25 CENTUM OF THE FUND BALANCE IN EXCESS OF THE LIMIT, BUT NO MORE
26 THAN $1,000,000, ON PROFESSIONAL DEVELOPMENT, STUDENT SUPPLIES,
27 TECHNOLOGY, INSTRUCTIONAL ACTIVITIES DIRECTLY AFFECTING STUDENT
28 PERFORMANCE, TO PROVIDE A DISCOUNT TO THE CYBER EDUCATION REAL
29 COST LEVEL AND CYBER SPECIAL EDUCATION REAL COST LEVEL TO ALL
30 SCHOOL DISTRICTS ON BEHALF OF ENROLLED STUDENTS OR OTHER
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1 ACTIVITIES AS APPROVED BY THE SECRETARY UPON APPLICATION BY THE
2 CYBER CHARTER SCHOOL. THE FUNDS MAY NOT BE USED TO PAY BONUSES
3 TO ANY EMPLOYE OR CONTRACTOR.
4 (B) THE REMAINDER SHALL BE REFUNDED ON A PRO RATA BASIS
5 WITHIN NINETY (90) DAYS TO ALL SCHOOL DISTRICTS THAT PAID
6 TUITION TO THE CYBER CHARTER SCHOOL ON BEHALF OF STUDENTS
7 ENROLLED IN THE 2006-2007 AND 2007-2008 SCHOOL YEARS.
8 (III) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
9 THEREAFTER, ANY UNRESERVED, UNDESIGNATED FUND BALANCE IN EXCESS
10 OF THE CYBER CHARTER FUND BALANCE LIMIT SHALL BE REFUNDED ON A
11 PRO RATA BASIS TO ALL SCHOOL DISTRICTS THAT PAID TUITION TO THE
12 CYBER CHARTER SCHOOL IN THE PRIOR SCHOOL YEAR.
13 (8) EXCEPT IN THE CASE OF ANY STUDENT ENROLLED IN A CYBER
14 CHARTER SCHOOL ON THE EFFECTIVE DATE OF THIS SECTION, A SCHOOL
15 DISTRICT SHALL NOT BE REQUIRED TO PROVIDE PER PUPIL FUNDING TO
16 CYBER CHARTER SCHOOLS FOR A STUDENT WHO DOES NOT MEET THE
17 MINIMUM REQUIREMENT FOR THE AGE OF KINDERGARTEN OR BEGINNER
18 ESTABLISHED BY THE BOARD OF SCHOOL DIRECTORS IN THE STUDENT'S
19 SCHOOL DISTRICT OF RESIDENCE. THE TERM "BEGINNERS," AS USED IN
20 THIS CLAUSE, SHALL MEAN ANY CHILD THAT SHOULD ENTER THE LOWEST
21 GRADE OF THE PRIMARY SCHOOL OR THE LOWEST PRIMARY CLASS ABOVE
22 THE KINDERGARTEN LEVEL.
23 (9) IF A STUDENT'S SCHOOL DISTRICT OF RESIDENCE DOES NOT
24 OFFER FULL-DAY KINDERGARTEN, THE SCHOOL DISTRICT OF RESIDENCE
25 SHALL ONLY BE REQUIRED TO PAY A CYBER CHARTER SCHOOL ONE-HALF OF
26 THE AMOUNT CALCULATED UNDER CLAUSE (2)(II) OR (3)(II) FOR ANY
27 STUDENT WHO IS ENROLLED IN KINDERGARTEN IN A CYBER CHARTER
28 SCHOOL.
29 * * *
30 SECTION 4. SECTION 1729-A(J) OF THE ACT, ADDED JUNE 19, 1997
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1 (P.L.225, NO.22), IS AMENDED TO READ:
2 SECTION 1729-A. CAUSES FOR NONRENEWAL OR TERMINATION.--* * *
3 (J) WHEN A CHARTER IS REVOKED OR IS NOT RENEWED, A STUDENT
4 WHO ATTENDED THE CHARTER SCHOOL SHALL APPLY TO ANOTHER PUBLIC
5 SCHOOL IN THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE. NORMAL
6 APPLICATION DEADLINES WILL BE DISREGARDED UNDER THESE
7 CIRCUMSTANCES. ALL STUDENT RECORDS MAINTAINED BY THE CHARTER
8 SCHOOL SHALL BE FORWARDED TO THE STUDENT'S DISTRICT OF RESIDENCE
9 WITHIN TEN (10) DAYS OF THE REVOCATION OR NONRENEWAL OF THE
10 CHARTER.
11 SECTION 5. SECTION 1741-A(A) OF THE ACT IS AMENDED BY ADDING
12 A CLAUSE TO READ:
13 SECTION 1741-A. POWERS AND DUTIES OF DEPARTMENT.
14 (A) POWERS AND DUTIES.--THE DEPARTMENT SHALL:
15 * * *
16 (6) PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ACT OF
17 JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE "REGULATORY REVIEW
18 ACT," THAT PROVIDE ALL OF THE FOLLOWING WITH REGARD TO CYBER
19 CHARTER SCHOOLS:
20 (I) THE MINIMUM NUMBER OF HOURS THAT STUDENTS MUST BE ONLINE
21 AND OFFLINE ENGAGED IN EDUCATIONAL ACTIVITIES IN ORDER TO MEET
22 THE ATTENDANCE REQUIREMENTS OF 22 PA. CODE CH. 11 (RELATING TO
23 STUDENT ATTENDANCE).
24 (II) THE REQUIREMENTS THAT EACH CYBER CHARTER SCHOOL MUST
25 MEET TO BE ABLE TO DEMONSTRATE IN ITS ANNUAL REPORT TO THE
26 DEPARTMENT DUE BY AUGUST 1 OF EACH YEAR UNDER SECTION 1743-A(F)
27 THAT THE MINIMUM NUMBER OF ONLINE AND OFFLINE HOURS HAVE BEEN
28 ATTAINED BY EACH STUDENT.
29 * * *
30 SECTION 6. SECTION 1742-A OF THE ACT, ADDED JUNE 29, 2002
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1 (P.L.524, NO.88), IS AMENDED TO READ:
2 SECTION 1742-A. ASSESSMENT AND EVALUATION.
3 THE DEPARTMENT SHALL:
4 (1) [ANNUALLY] NO LATER THAN OCTOBER 1 OF EACH YEAR,
5 ASSESS WHETHER EACH CYBER CHARTER SCHOOL IS MEETING THE GOALS
6 OF ITS CHARTER AND IS IN COMPLIANCE WITH THE PROVISIONS OF
7 THE CHARTER AND CONDUCT A COMPREHENSIVE REVIEW PRIOR TO
8 GRANTING A FIVE-YEAR RENEWAL OF THE CHARTER. THE DEPARTMENT
9 SHALL PROVIDE EACH CYBER CHARTER SCHOOL WITH THE RESULTS OF
10 THAT SCHOOL'S ANNUAL ASSESSMENT IN THE FORM OF A WRITTEN
11 REPORT TO BE SUBMITTED BOTH THROUGH UNITED STATES MAIL AND
12 ELECTRONICALLY BY NO LATER THAN NOVEMBER 1 OF EACH YEAR. THE
13 REPORT SHALL BE POSTED ON THE DEPARTMENT'S INTERNET WEBSITE
14 FOR NO LESS THAN A FIVE-YEAR PERIOD OR UNTIL THE EXPIRATION
15 OF THE CYBER CHARTER SCHOOL'S CURRENT CHARTER, WHICHEVER
16 OCCURS FIRST.
17 (2) ANNUALLY REVIEW EACH CYBER CHARTER SCHOOL'S
18 PERFORMANCE ON THE PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT
19 TEST, STANDARDIZED TESTS AND OTHER PERFORMANCE INDICATORS TO
20 ENSURE COMPLIANCE WITH 22 PA. CODE CH. 4 (RELATING TO
21 ACADEMIC STANDARDS AND ASSESSMENT) OR SUBSEQUENT REGULATIONS
22 PROMULGATED TO REPLACE 22 PA. CODE CH. 4.
23 (3) HAVE ONGOING ACCESS TO ALL RECORDS, INSTRUCTIONAL
24 MATERIALS AND STUDENT AND STAFF RECORDS OF EACH CYBER CHARTER
25 SCHOOL AND TO EVERY CYBER CHARTER SCHOOL FACILITY TO ENSURE
26 THE CYBER CHARTER SCHOOL IS IN COMPLIANCE WITH ITS CHARTER
27 AND THIS SUBDIVISION.
28 SECTION 7. SECTION 1743-A(B), (C) AND (E) OF THE ACT, ADDED
29 JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED AND THE SECTION IS
30 AMENDED BY ADDING SUBSECTIONS TO READ:
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1 SECTION 1743-A. CYBER CHARTER SCHOOL REQUIREMENTS AND
2 PROHIBITIONS.
3 * * *
4 (B) ENROLLMENT.--A CYBER CHARTER SCHOOL SHALL [REPORT TO THE
5 DEPARTMENT AN INCREASE OR A DECREASE OF 30% OR MORE IN ITS
6 ANTICIPATED ENROLLMENT] REQUEST APPROVAL FROM THE DEPARTMENT IN
7 ORDER TO INCREASE ITS ENROLLMENT BEYOND THAT SET FORTH IN THE
8 APPLICATION UNDER SECTION 1747-A(11).
9 (C) [SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL] DEPARTMENT.--
10 THE DEPARTMENT SHALL MAKE AVAILABLE UPON REQUEST, EITHER IN
11 WRITING OR ELECTRONICALLY, [TO EACH STUDENT'S SCHOOL DISTRICT OF
12 RESIDENCE] THE FOLLOWING:
13 (1) A COPY OF THE CHARTER.
14 (2) A COPY OF THE CYBER CHARTER SCHOOL APPLICATION.
15 (3) A COPY OF ALL ANNUAL REPORTS PREPARED BY THE CYBER
16 CHARTER SCHOOL.
17 [(4) A LIST OF ALL STUDENTS FROM THAT SCHOOL DISTRICT
18 ENROLLED IN THE CYBER CHARTER SCHOOL.]
19 (C.1) SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL SHALL MAKE
20 AVAILABLE UPON REQUEST, EITHER IN WRITING OR ELECTRONICALLY, TO
21 EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE A LIST OF ALL
22 STUDENTS FROM THAT SCHOOL DISTRICT ENROLLED IN THE CYBER CHARTER
23 SCHOOL.
24 * * *
25 (E) STUDENTS.--FOR EACH STUDENT ENROLLED, A CYBER CHARTER
26 SCHOOL SHALL:
27 (1) PROVIDE ALL INSTRUCTIONAL MATERIALS;
28 (2) PROVIDE ALL EQUIPMENT, INCLUDING, BUT NOT LIMITED
29 TO, A COMPUTER, COMPUTER MONITOR AND PRINTER; AND
30 (3) PROVIDE OR REIMBURSE FOR ALL TECHNOLOGY AND SERVICES
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1 NECESSARY FOR THE ON-LINE DELIVERY OF THE CURRICULUM AND
2 INSTRUCTION.
3 THE COMMONWEALTH SHALL NOT BE LIABLE FOR ANY REIMBURSEMENT OWED
4 TO STUDENTS, PARENTS OR GUARDIANS BY A CYBER CHARTER SCHOOL
5 UNDER PARAGRAPH (3). ALL COMPUTERS, SOFTWARE AND INTERNET
6 CONNECTIONS PURCHASED BY THE CYBER CHARTER SCHOOL SHALL BE THE
7 PROPERTY OF THE CYBER CHARTER SCHOOL. IF A STUDENT DISCONTINUES
8 ENROLLMENT IN A CYBER CHARTER SCHOOL, THE STUDENT MUST RETURN
9 THE SCHOOL'S PROPERTY IN USABLE CONDITION OR PAY A CIVIL PENALTY
10 IN THE FORM OF FAIR MARKET VALUE FOR THE PROPERTY.
11 * * *
12 (J) BOARD OF TRUSTEES.--A MEMBER OF THE BOARD OF TRUSTEES
13 SHALL BE CONSIDERED A PUBLIC OFFICIAL UNDER THE ACT OF OCTOBER
14 4, 1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL
15 AND EMPLOYEE ETHICS LAW. NO MEMBER OF THE BOARD OF TRUSTEES MAY
16 DO BUSINESS WITH THE SCHOOL OR THE MANAGEMENT OF THE SCHOOL NOR
17 MAY A PERSON AFFILIATED WITH THE MANAGEMENT OF THE SCHOOL SIT ON
18 THE BOARD OF TRUSTEES.
19 (K) EMPLOYES.--PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL
20 TEACHING OR ADMINISTRATIVE CERTIFICATE MAY PETITION THE
21 DEPARTMENT TO HAVE THE TIME COMPLETED IN SATISFACTORY SERVICE IN
22 A CYBER CHARTER SCHOOL APPLIED TO THE LENGTH OF SERVICE
23 REQUIREMENTS FOR THE NEXT LEVEL OF CERTIFICATION. THE DEPARTMENT
24 SHALL ESTABLISH GUIDELINES GOVERNING ACCEPTABLE CRITERIA FOR
25 APPROVAL OF A PETITION UNDER THIS SUBSECTION.
26 (L) OUT-OF-STATE STUDENTS.--A CYBER CHARTER SCHOOL MAY NOT
27 EXPEND ANY FUNDS, INCLUDING FUNDS PROVIDED BY THE COMMONWEALTH
28 OR BY A SCHOOL DISTRICT, ON THE EDUCATION OF ANY STUDENT WHO IS
29 NOT A RESIDENT OF A PENNSYLVANIA SCHOOL DISTRICT.
30 SECTION 8. SECTIONS 1744-A AND 1747-A(11) OF THE ACT, ADDED
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1 JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED TO READ:
2 SECTION 1744-A. SCHOOL DISTRICT AND INTERMEDIATE UNIT
3 RESPONSIBILITIES.
4 AN INTERMEDIATE UNIT OR A SCHOOL DISTRICT IN WHICH A STUDENT
5 ENROLLED IN A CYBER CHARTER SCHOOL RESIDES SHALL DO ALL OF THE
6 FOLLOWING:
7 (1) PROVIDE THE CYBER CHARTER SCHOOL WITHIN TEN DAYS OF
8 RECEIPT OF THE NOTICE OF THE ADMISSION OF THE STUDENT UNDER
9 SECTION 1748-A(A) WITH ALL RECORDS RELATING TO THE STUDENT,
10 INCLUDING TRANSCRIPTS, TEST SCORES AND A COPY OF ANY
11 INDIVIDUALIZED EDUCATION PROGRAM FOR THAT STUDENT.
12 (2) PROVIDE THE CYBER CHARTER SCHOOL WITH REASONABLE
13 ACCESS TO ITS FACILITIES FOR THE ADMINISTRATION OF
14 STANDARDIZED TESTS REQUIRED UNDER THIS SUBDIVISION.
15 (3) UPON REQUEST AND SUBJECT TO AGREEMENT BETWEEN A
16 CYBER CHARTER SCHOOL AND AN INTERMEDIATE UNIT OR SCHOOL
17 DISTRICT, PROVIDE ASSISTANCE TO THE CYBER CHARTER SCHOOL IN
18 THE DELIVERY OF SERVICES TO A STUDENT WITH DISABILITIES. THE
19 SCHOOL DISTRICT OR INTERMEDIATE UNIT SHALL NOT CHARGE THE
20 CYBER CHARTER SCHOOL MORE FOR A SERVICE THAN IT CHARGES A
21 SCHOOL DISTRICT.
22 (4) MAKE PAYMENTS TO THE CYBER CHARTER SCHOOL UNDER
23 SECTION 1725-A.
24 SECTION 1747-A. CYBER CHARTER SCHOOL APPLICATION.
25 IN ADDITION TO THE PROVISIONS OF SECTION 1719-A, AN
26 APPLICATION TO ESTABLISH A CYBER CHARTER SCHOOL SHALL ALSO
27 INCLUDE THE FOLLOWING:
28 * * *
29 (11) THE MAXIMUM LEVEL OF [ANTICIPATED] ENROLLMENT
30 DURING EACH SCHOOL YEAR OF THE PROPOSED CHARTER, INCLUDING
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1 EXPECTED INCREASES DUE TO THE ADDITION OF GRADE LEVELS.
2 * * *
3 SECTION 9. SECTION 1748-A(A) OF THE ACT, ADDED JUNE 29, 2002
4 (P.L.524, NO.88), IS AMENDED AND THE SECTION IS AMENDED BY
5 ADDING A SUBSECTION TO READ:
6 SECTION 1748-A. ENROLLMENT AND NOTIFICATION.
7 (A) NOTICE TO SCHOOL DISTRICT.--
8 (1) WITHIN [15] TEN DAYS OF THE ENROLLMENT OF A STUDENT
9 TO A CYBER CHARTER SCHOOL, THE PARENT OR GUARDIAN AND THE
10 CYBER CHARTER SCHOOL SHALL NOTIFY THE STUDENT'S SCHOOL
11 DISTRICT OF RESIDENCE OF THE ENROLLMENT THROUGH THE USE OF
12 THE NOTIFICATION FORM UNDER SUBSECTION (B).
13 (2) IF A SCHOOL DISTRICT WHICH HAS RECEIVED NOTICE UNDER
14 PARAGRAPH (1) DETERMINES THAT A STUDENT IS NOT A RESIDENT OF
15 THE SCHOOL DISTRICT, THE FOLLOWING APPLY:
16 (I) WITHIN [SEVEN] 20 DAYS OF RECEIPT OF THE NOTICE
17 UNDER PARAGRAPH (1), THE SCHOOL DISTRICT SHALL NOTIFY THE
18 CYBER CHARTER SCHOOL AND THE DEPARTMENT THAT THE STUDENT
19 IS NOT A RESIDENT OF THE SCHOOL DISTRICT. NOTIFICATION OF
20 NONRESIDENCE SHALL INCLUDE THE BASIS FOR THE
21 DETERMINATION.
22 (II) WITHIN SEVEN DAYS OF NOTIFICATION UNDER
23 SUBPARAGRAPH (I), THE CYBER CHARTER SCHOOL SHALL REVIEW
24 THE NOTIFICATION OF NONRESIDENCE, RESPOND TO THE SCHOOL
25 DISTRICT AND PROVIDE A COPY OF THE RESPONSE TO THE
26 DEPARTMENT. IF THE CYBER CHARTER SCHOOL AGREES THAT A
27 STUDENT IS NOT A RESIDENT OF THE SCHOOL DISTRICT, IT
28 SHALL DETERMINE THE PROPER DISTRICT OF RESIDENCE OF THE
29 STUDENT BEFORE REQUESTING FUNDS FROM ANOTHER SCHOOL
30 DISTRICT.
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1 (III) WITHIN SEVEN DAYS OF RECEIPT OF THE RESPONSE
2 UNDER SUBPARAGRAPH (II), THE SCHOOL DISTRICT SHALL NOTIFY
3 THE CYBER CHARTER SCHOOL THAT IT AGREES WITH THE CYBER
4 CHARTER SCHOOL'S DETERMINATION OR DOES NOT AGREE WITH THE
5 CYBER CHARTER SCHOOL'S DETERMINATION.
6 (IV) A SCHOOL DISTRICT THAT HAS NOTIFIED THE CYBER
7 CHARTER SCHOOL THAT IT DOES NOT AGREE WITH THE CYBER
8 CHARTER SCHOOL'S DETERMINATION UNDER SUBPARAGRAPH (III)
9 SHALL APPEAL TO THE DEPARTMENT FOR A FINAL DETERMINATION.
10 (V) ALL DECISIONS OF THE DEPARTMENT REGARDING THE
11 SCHOOL DISTRICT OF RESIDENCE OF A STUDENT SHALL BE
12 SUBJECT TO REVIEW BY THE COMMONWEALTH COURT.
13 (VI) A SCHOOL DISTRICT SHALL CONTINUE TO MAKE
14 PAYMENTS TO A CYBER CHARTER SCHOOL UNDER SECTION 1725-A
15 DURING THE TIME IN WHICH THE SCHOOL DISTRICT OF RESIDENCE
16 OF A STUDENT IS IN DISPUTE.
17 (VII) IF A FINAL DETERMINATION IS MADE THAT A
18 STUDENT IS NOT A RESIDENT OF AN APPEALING SCHOOL
19 DISTRICT, THE CYBER CHARTER SCHOOL SHALL RETURN ALL FUNDS
20 PROVIDED ON BEHALF OF THAT STUDENT TO THE SCHOOL DISTRICT
21 WITHIN 30 DAYS.
22 * * *
23 (D) TRUANCY.--IF A SCHOOL DISTRICT RECEIVES A NOTIFICATION
24 OF ENROLLMENT FORM, AS REQUIRED UNDER PARAGRAPH (A)(1), THAT A
25 RESIDENT STUDENT WHO IS A TRUANT FROM THE SCHOOL DISTRICT
26 SCHOOLS HAS ENROLLED IN A CYBER CHARTER SCHOOL, THE SCHOOL
27 DISTRICT SHALL NOTIFY THE CYBER CHARTER SCHOOL IN WRITING ABOUT
28 THE STUDENT'S TRUANCY. THE FOLLOWING SHALL APPLY:
29 (1) UPON RECEIPT OF NOTICE BY THE RESIDENT SCHOOL
30 DISTRICT OF A STUDENT'S TRUANCY AT THE SCHOOL DISTRICT
20070H0446B2951 - 78 -
1 SCHOOLS, THE CYBER CHARTER SCHOOL SHALL PROVIDE TO THE
2 STUDENT'S RESIDENT SCHOOL DISTRICT EVIDENCE DURING THE FIRST
3 THREE MONTHS THAT THE STUDENT IS ENROLLED IN THE CYBER
4 CHARTER SCHOOL, THAT THE STUDENT IS RECEIVING EDUCATIONAL
5 INSTRUCTION AND COMPLETING ASSIGNMENTS AS REQUIRED BY THE
6 CYBER CHARTER SCHOOL. THE EVIDENCE SHALL BE PROVIDED BY THE
7 CYBER CHARTER SCHOOL WHEN IT BILLS THE SCHOOL DISTRICT FOR
8 PAYMENT DURING THE FIRST THREE MONTHS OF THE STUDENT'S
9 ENROLLMENT.
10 (2) IF THE CYBER CHARTER SCHOOL FAILS TO COMPLY WITH THE
11 REQUIREMENTS OF PARAGRAPH (1), THE STUDENT'S RESIDENT SCHOOL
12 DISTRICT SHALL NOT BE REQUIRED TO PAY THE CYBER CHARTER
13 SCHOOL FOR THAT STUDENT DURING THAT TIME.
14 (3) IF ANY STUDENT ENROLLED IN THE CYBER CHARTER SCHOOL
15 ACCRUES THREE OR MORE DAYS OF UNLAWFUL ABSENCES, THE CYBER
16 CHARTER SCHOOL HAS THE AUTHORITY TO AND SHALL BE RESPONSIBLE
17 FOR INSTITUTING TRUANCY PROCEEDINGS UNDER SECTION 1333.
18 SECTION 10. SECTION 1749-A(A) OF THE ACT, ADDED JUNE 29,
19 2002 (P.L.524, NO.88), IS AMENDED TO READ:
20 SECTION 1749-A. APPLICABILITY OF OTHER PROVISIONS OF THIS ACT
21 AND OF OTHER ACTS AND REGULATIONS.
22 (A) GENERAL REQUIREMENTS.--CYBER CHARTER SCHOOLS SHALL BE
23 SUBJECT TO THE FOLLOWING:
24 (1) SECTIONS 108, 110, 111, 321, 325, 326, 327, 431,
25 436, 443, 510, 518, 527, 609, 687(A), (B), (C), (D), (H) AND
26 (J), 708, 752, 753, [755,] 771, 776, 777, 807.1, 808, 809,
27 810, 1109, 1111, 1112(A), 1205.1, 1205.2, 1301, 1302, 1310,
28 1317.2, 1318, 1330, 1332, 1333, 1354, 1355, 1303-A, 1518,
29 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-
30 A, 1719-A, 1721-A, 1722-A, 1723-A(A) AND (B), 1724-A, 1725-A,
20070H0446B2951 - 79 -
1 1727-A, 1729-A, 1730-A, 1731-A(A)(1) AND (B) AND 2014-A AND
2 ARTICLES XII-A, XIII-A AND XIV.
3 (2) THE ACT OF JULY 17, 1961 (P.L.776, NO.341), KNOWN AS
4 THE PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT.
5 (3) THE ACT OF JULY 19, 1965 (P.L.215, NO.116), ENTITLED
6 "AN ACT PROVIDING FOR THE USE OF EYE PROTECTIVE DEVICES BY
7 PERSONS ENGAGED IN HAZARDOUS ACTIVITIES OR EXPOSED TO KNOWN
8 DANGERS IN SCHOOLS, COLLEGES AND UNIVERSITIES."
9 (4) SECTION 4 OF THE ACT OF JANUARY 25, 1966 (1965
10 P.L.1546, NO.541), ENTITLED "AN ACT PROVIDING SCHOLARSHIPS
11 AND PROVIDING FUNDS TO SECURE FEDERAL FUNDS FOR QUALIFIED
12 STUDENTS OF THE COMMONWEALTH OF PENNSYLVANIA WHO NEED
13 FINANCIAL ASSISTANCE TO ATTEND POSTSECONDARY INSTITUTIONS OF
14 HIGHER LEARNING, MAKING AN APPROPRIATION, AND PROVIDING FOR
15 THE ADMINISTRATION OF THIS ACT."
16 (5) THE ACT OF JULY 12, 1972 (P.L.765, NO.181) ENTITLED
17 "AN ACT RELATING TO DRUGS AND ALCOHOL AND THEIR ABUSE,
18 PROVIDING FOR PROJECTS AND PROGRAMS AND GRANTS TO EDUCATIONAL
19 AGENCIES, OTHER PUBLIC OR PRIVATE AGENCIES, INSTITUTIONS OR
20 ORGANIZATIONS."
21 (6) THE ACT OF DECEMBER 15, 1986 (P.L.1595, NO.175),
22 KNOWN AS THE ANTIHAZING LAW.
23 * * *
24 SECTION 11. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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