PRINTER'S NO. 1787
No. 1407 Session of 2007
INTRODUCED BY PALLONE, BENNINGHOFF, CALTAGIRONE, CARROLL, CURRY,
EVERETT, FABRIZIO, FAIRCHILD, GRUCELA, HORNAMAN, JOSEPHS,
M. KELLER, KORTZ, KOTIK, KULA, McILVAINE SMITH, MURT,
O'NEILL, PETRONE, READSHAW, SABATINA, K. SMITH, SOLOBAY,
SURRA, SWANGER AND J. WHITE, JUNE 5, 2007
REFERRED TO COMMITTEE ON EDUCATION, JUNE 5, 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," further providing for cyber charter
6 school requirements and prohibitions and for cyber charter
7 school enrollment and notification.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1743-A of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949, is
12 amended by adding a subsection to read:
13 Section 1743-A. Cyber charter school requirements and
14 prohibitions.
15 * * *
16 (a.1) Truancy.--In order to enroll a student, the school
17 district in which the student is a resident must certify to the
18 cyber charter school that the student is in compliance with
19 section 1327.
1 * * *
2 Section 2. Section 1748-A(a) of the act, added June 29, 2002
3 (P.L.524, No.88), is amended to read:
4 Section 1748-A. Enrollment and notification.
5 (a) Notice to school district.--
6 (1) Within 15 days of the enrollment of a student to a
7 cyber charter school, the parent or guardian and the cyber
8 charter school shall notify the student's school district of
9 residence of the enrollment through the use of the
10 notification form under subsection (b).
11 (2) If a school district which has received notice under
12 paragraph (1) determines that a student is not a resident of
13 the school district, the following apply:
14 (i) Within seven days of receipt of the notice under
15 paragraph (1), the school district shall notify the cyber
16 charter school and the department that the student is not
17 a resident of the school district. Notification of
18 nonresidence shall include the basis for the
19 determination.
20 (ii) Within seven days of notification under
21 subparagraph (i), the cyber charter school shall review
22 the notification of nonresidence, respond to the school
23 district and provide a copy of the response to the
24 department. If the cyber charter school agrees that a
25 student is not a resident of the school district, it
26 shall determine the proper district of residence of the
27 student before requesting funds from another school
28 district.
29 (iii) Within seven days of receipt of the response
30 under subparagraph (ii), the school district shall notify
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1 the cyber charter school that it agrees with the cyber
2 charter school's determination or does not agree with the
3 cyber charter school's determination.
4 (iv) A school district that has notified the cyber
5 charter school that it does not agree with the cyber
6 charter school's determination under subparagraph (iii)
7 shall appeal to the department for a final determination.
8 (v) All decisions of the department regarding the
9 school district of residence of a student shall be
10 subject to review by the Commonwealth Court.
11 (vi) A school district shall continue to make
12 payments to a cyber charter school under section 1725-A
13 during the time in which the school district of residence
14 of a student is in dispute.
15 (vii) If a final determination is made that a
16 student is not a resident of an appealing school
17 district, the cyber charter school shall return all funds
18 provided on behalf of that student to the school district
19 within 30 days.
20 (3) When a school district has received notice under
21 paragraph (1), the school district shall certify to the cyber
22 charter school whether the student is in compliance with
23 section 1327.
24 * * *
25 Section 3. This act shall take effect in 60 days.
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