PRIOR PRINTER'S NO. 1787 PRINTER'S NO. 2629
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, J. WHITE AND SIPTROTH, JUNE 5, 2007
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 15, 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 AND FOR APPLICABILITY. <--
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
1 section 1327.
2 * * *
3 Section 2. 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 days of the enrollment of a student to a
9 cyber charter school, the parent or guardian and the cyber
10 charter school shall notify the student's school district of
11 residence of the enrollment through the use of the
12 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 days of receipt of the notice under
17 paragraph (1), the school district shall notify the cyber
18 charter school and the department that the student is not
19 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 (3) When a school district has received notice under
23 paragraph (1), the school district shall certify to the cyber
24 charter school whether the student is in compliance with
25 section 1327.
26 * * *
27 (D) TRUANCY.-- <--
28 (1) WHEN A SCHOOL DISTRICT RECEIVES A NOTIFICATION FORM,
29 AS REQUIRED BY SUBSECTION (A)(1), THAT A RESIDENT STUDENT WHO
30 IS TRUANT FROM THE SCHOOL DISTRICT SCHOOLS HAS ENROLLED IN A
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1 CYBER CHARTER SCHOOL, THE SCHOOL DISTRICT SHALL NOTIFY THE
2 CYBER CHARTER SCHOOL IN WRITING ABOUT THE STUDENT'S TRUANCY.
3 (2) UPON RECEIPT OF NOTICE FROM THE RESIDENT SCHOOL
4 DISTRICT OF A STUDENT'S TRUANCY AT THE SCHOOL DISTRICT
5 SCHOOLS, THE CYBER CHARTER SCHOOL MUST PROVIDE TO THE
6 STUDENT'S RESIDENT SCHOOL DISTRICT EVIDENCE DURING THE FIRST
7 THREE MONTHS THAT THE STUDENT IS ENROLLED IN THE CYBER
8 CHARTER SCHOOL THAT THE STUDENT IS RECEIVING EDUCATIONAL
9 INSTRUCTION AND COMPLETING ASSIGNMENTS AS REQUIRED BY THE
10 CYBER CHARTER SCHOOL. THIS EVIDENCE SHALL BE PROVIDED BY THE
11 CYBER CHARTER SCHOOL MONTHLY, WHEN IT BILLS THE SCHOOL
12 DISTRICT FOR PAYMENT DURING THE FIRST THREE MONTHS OF THE
13 STUDENT'S ENROLLMENT.
14 (3) IF THE CYBER CHARTER SCHOOL FAILS TO COMPLY WITH THE
15 REQUIREMENTS OF THIS SUBSECTION, THE STUDENT'S RESIDENT
16 SCHOOL DISTRICT SHALL NOT BE REQUIRED TO PAY THE CYBER
17 CHARTER SCHOOL FOR THAT STUDENT DURING THAT TIME.
18 (4) IF ANY STUDENT ENROLLED IN THE CYBER CHARTER SCHOOL
19 ACCRUES THREE OR MORE DAYS OF UNLAWFUL ABSENCES, THE CYBER
20 CHARTER SCHOOL HAS THE AUTHORITY TO, AND SHALL BE RESPONSIBLE
21 FOR, INSTITUTING TRUANCY PROCEEDINGS AS SET FORTH IN SECTION
22 1333.
23 SECTION 3. SECTION 1749-A(A)(1) OF THE ACT, ADDED JUNE 29,
24 2002 (P.L.524, NO.88), IS AMENDED TO READ:
25 SECTION 1749-A. APPLICABILITY OF OTHER PROVISIONS OF THIS ACT
26 AND OF OTHER ACTS AND REGULATIONS.
27 (A) GENERAL REQUIREMENTS.--CYBER CHARTER SCHOOLS SHALL BE
28 SUBJECT TO THE FOLLOWING:
29 (1) SECTIONS 108, 110, 111, 321, 325, 326, 327, 431,
30 436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,
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1 808, 809, 810, 1109, 1111, 1112(A), 1205.1, 1205.2, 1301,
2 1302, 1310, 1317.2, 1318, 1330, 1332, 1333, 1303-A, 1518,
3 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-
4 A, 1719-A, 1721-A, 1722-A, 1723-A(A) AND (B), 1724-A, 1725-A,
5 1727-A, 1729-A, 1730-A, 1731-A(A)(1) AND (B) AND 2014-A AND
6 ARTICLES XII-A, XIII-A AND XIV.
7 * * *
8 Section 3 4. This act shall take effect in 60 days. <--
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