PRINTER'S NO. 787
No. 720 Session of 2007
INTRODUCED BY PILEGGI, PICCOLA, EARLL, ERICKSON, A. WILLIAMS,
FOLMER, PIPPY AND WONDERLING, APRIL 2, 2007
REFERRED TO EDUCATION, APRIL 2, 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, in charter
6 schools, for definitions, for administration, for
7 establishment, for regional schools, for charters, for
8 funding, for tort liability, for nonrenewal and termination
9 and for desegregation orders.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The definitions of "charter school" and "regional
13 charter school" in section 1703-A of the act of March 10, 1949
14 (P.L.30, No.14), known as the Public School Code of 1949,
15 amended June 29, 2002 (P.L.524, No.88), are amended and the
16 section is amended by adding definitions to read:
17 Section 1703-A. Definitions.--As used in this article,
18 * * *
19 "Charter school" shall mean an independent public school
20 established and operated under a charter from [the local board
21 of school directors] an initial approving authority and in which
1 students are enrolled or attend. A charter school must be
2 organized as a public, nonprofit corporation. Charters may not
3 be granted to any for-profit entity.
4 * * *
5 "Initial approving authority" shall mean the department, a
6 board of school directors or the governing board of an
7 intermediate unit or an institution of higher education.
8 "Institution of higher education" for purposes of this
9 article shall mean an accredited college or university under 24
10 Pa.C.S. § 6501 (relating to applicability of chapter) or Article
11 XX-A of this act or a community college under Article XIX-A of
12 this act.
13 * * *
14 "Regional charter school" shall mean an independent public
15 school established and operated under a charter from more than
16 one [local board of school directors] initial approving
17 authority and in which students are enrolled or attend. A
18 regional charter school must be organized as a public, nonprofit
19 corporation. Charters may not be granted to any for-profit
20 entity.
21 * * *
22 Section 2. Sections 1716-A, 1717-A, 1718-A, 1720-A and 1724-
23 A(d) of the act, added June 19, 1997 (P.L.225, No.22), are
24 amended to read:
25 Section 1716-A. Powers of Board of Trustees.--(a) The board
26 of trustees of a charter school shall have the authority to
27 decide matters related to the operation of the school,
28 including, but not limited to, budgeting, curriculum and
29 operating procedures, subject to the school's charter. The board
30 shall have the authority to employ, discharge and contract with
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1 necessary professional and nonprofessional employes subject to
2 the school's charter and the provisions of this article.
3 (b) No member of [a local board of school directors of a
4 school entity] the initial approving authority which granted or
5 renewed a charter shall serve on the board of trustees of a
6 charter school that is [located in the member's district] the
7 subject of the granted or renewed charter.
8 (c) The board of trustees shall comply with the act of July
9 3, 1986 (P.L.388, No.84), known as the "Sunshine Act."
10 Section 1717-A. Establishment of Charter School.--(a) A
11 charter school may be established by an individual; one or more
12 teachers who will teach at the proposed charter school; parents
13 or guardians of students who will attend the charter school; any
14 nonsectarian college, university or museum located in this
15 Commonwealth; any nonsectarian corporation not-for-profit, as
16 defined in 15 Pa.C.S. (relating to corporations and
17 unincorporated associations); any corporation, association or
18 partnership; or any combination thereof. A charter school may be
19 established by creating a new school or by converting an
20 existing public school or a portion of an existing public
21 school. No charter school shall be established or funded by and
22 no charter shall be granted to any sectarian school, institution
23 or other entity. No funds allocated or disbursed under this
24 article shall be used to directly support instruction pursuant
25 to section 1327.1.
26 (b) (1) The conversion of an existing public school or
27 portion of an existing public school to a charter school may be
28 initiated by any individual or entity authorized to establish a
29 charter school under subsection (a).
30 (2) In order to convert an existing public school to a
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1 charter school, the applicants must show that:
2 (i) More than fifty per centum of the teaching staff in the
3 public school have signed a petition in support of the public
4 school becoming a charter school; and
5 (ii) More than fifty per centum of the parents or guardians
6 of pupils attending that public school have signed a petition in
7 support of the school becoming a charter school.
8 (3) In no event shall the [board of school directors]
9 initial approving authority serve as the board of trustees of an
10 existing school which is converted to a charter school pursuant
11 to this subsection.
12 (c) An application to establish a charter school shall be
13 submitted to the [local board of school directors of the
14 district where the charter school will be located] initial
15 approving authority by November 15 of the school year preceding
16 the school year in which the charter school will be established.
17 [except that for a charter school beginning in the 1997-1998
18 school year, an application must be received by July 15, 1997.
19 In the 1997-1998 school year only, applications shall be limited
20 to recipients of fiscal year 1996-1997 Department of Education
21 charter school planning grants.]
22 (d) Within forty-five (45) days of receipt of an
23 application, the [local board of school directors in which the
24 proposed charter school is to be located] initial approving
25 authority shall hold at least one public hearing on the
26 provisions of the charter application, under the act of July 3,
27 1986 (P.L.388, No.84), known as the "Sunshine Act." At least
28 forty-five (45) days must transpire between the first public
29 hearing and the final decision of the [board] initial approving
30 authority on the charter application. [except that for a charter
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1 school beginning in the 1997-1998 school year, only thirty (30)
2 days must transpire between the first public hearing and the
3 final decision of the board.]
4 (e) (1) Not later than seventy-five (75) days after the
5 first public hearing on the application, the [local board of
6 school directors] initial approving authority which received the
7 application shall grant or deny the application. For a charter
8 school beginning in the 1997-1998 school year, the local board
9 of school directors shall grant or deny the application no later
10 than sixty (60) days after the first public hearing.
11 (2) A charter school application submitted under this
12 article shall be evaluated by the [local board of school
13 directors] initial approving authority based on criteria,
14 including, but not limited to, the following:
15 (i) The demonstrated, sustainable support for the charter
16 school plan by teachers, parents, other community members and
17 students, including comments received at the public hearing held
18 under subsection (d).
19 (ii) The capability of the charter school applicant, in
20 terms of support and planning, to provide comprehensive learning
21 experiences to students pursuant to the adopted charter.
22 (iii) The extent to which the application considers the
23 information requested in section 1719-A and conforms to the
24 legislative intent outlined in section 1702-A.
25 (iv) The extent to which the charter school may serve as a
26 model for other public schools.
27 (3) The local board of school directors, in the case of an
28 existing school being converted to a charter school, shall
29 establish the alternative arrangements for current students who
30 choose not to attend the charter school.
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1 (4) A charter application shall be deemed approved by the
2 [local board of school directors of a school district] initial
3 approving authority upon affirmative vote by a majority of all
4 the [directors. Formal] members of the board of school directors
5 or members of the governing board of an intermediate unit or
6 institution of higher education. Except for approval by the
7 department, formal action approving or denying the application
8 shall be taken by [the local board of school directors] that
9 entity at a public meeting, with notice or consideration of the
10 application given by the board, under the "Sunshine Act." A
11 charter application shall be deemed by the department upon the
12 issuance of written approval by the department.
13 (5) Written notice of the [board's] action of an initial
14 approving authority shall be sent to the applicant, the
15 department and the appeal board. If the application is denied,
16 the reasons for the denial, including a description of
17 deficiencies in the application, shall be clearly stated in the
18 notice [sent by the local board of school directors] to the
19 charter school applicant.
20 (f) At the option of the charter school applicant, a denied
21 application may be revised and resubmitted to the [local board
22 of school directors] initial approving authority which denied
23 the application. Following the appointment and confirmation of
24 the Charter School Appeal Board under section 1721-A, the
25 decision of the [local board of school directors] initial
26 approving authority may be appealed to the appeal board. When an
27 application is revised and resubmitted to the [local board of
28 school directors, the board] initial approving authority which
29 denied the application, that initial approving authority may
30 schedule additional public hearings on the revised application.
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1 The [board] initial approving authority shall consider the
2 revised and resubmitted application [at the first board meeting
3 occurring] at least forty-five (45) days after receipt of the
4 revised application by [the board] that initial approving
5 authority. For a revised application resubmitted for the 1997-
6 1998 school year, the board shall consider the application at
7 the first board meeting occurring at least thirty (30) days
8 after its receipt. The [board] initial approving authority shall
9 provide notice of consideration of the revised application under
10 the "Sunshine Act." [No appeal from a decision of a local school
11 board may be taken until July 1, 1999.]
12 (g) Notwithstanding the provisions of subsection (e)(5),
13 failure by the [local board of directors] initial approving
14 authority to hold a public hearing and to grant or deny the
15 application for a charter school within the time periods
16 specified in subsections (d)[, (e) and (f)] and (e) shall permit
17 the applicant for a charter to file its application [as an
18 appeal to] with the appeal board. In such case, the appeal board
19 shall review the application and make a decision to grant or
20 deny a charter based on the criteria established in subsection
21 (e)(2).
22 (h) In the case of a review by the appeal board of an
23 application that is revoked or is not renewed, the appeal board
24 shall make its decision based on the criteria established in
25 subsection (e)(2). A decision by the appeal board under this
26 subsection or subsection (g) to grant, to renew or not to revoke
27 a charter shall serve as a requirement for the local board of
28 directors of a school district or school districts, as
29 appropriate, to sign the written charter of the charter school
30 as provided for in section 1720-A. Should the local board of
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1 directors fail to grant the application and sign the charter
2 within ten (10) days of notice of reversal of the decision of
3 the local board of directors, the charter shall be deemed to be
4 approved and shall be signed by the chairman of the appeal
5 board.
6 (i) (1) The appeal board shall have the exclusive review of
7 an appeal by a charter school applicant, or by the board of
8 trustees of an existing charter school, of a decision made by [a
9 local board of directors] an initial approving authority not to
10 grant a charter as provided in this section. The department
11 shall develop a form to be used for an appeal.
12 (2) In order for a charter school applicant to be eligible
13 to appeal the denial of a charter by [the local board of
14 directors] an initial approving authority, the applicant must
15 obtain the signatures of at least two per centum of the
16 residents of the school district or of one thousand (1,000)
17 residents, whichever is less, who are over eighteen (18) years
18 of age. For a regional charter school, the applicant must obtain
19 the signatures of at least two per centum of the residents of
20 each school district granting the charter or of one thousand
21 (1,000) residents from each of the school districts granting the
22 charter, whichever is less, who are over eighteen (18) years of
23 age. The signatures shall be obtained within sixty (60) days of
24 the denial of the application by the local board of directors in
25 accordance with clause (3).
26 (3) Each person signing a petition to appeal denial of a
27 charter under clause (2) shall declare that he or she is a
28 resident of the school district which denied the charter
29 application and shall include his or her printed name;
30 signature; address, including city, borough or township, with
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1 street and number, if any; and the date of signing. All pages
2 shall be bound together. Additional pages of the petition shall
3 be numbered consecutively. There shall be appended to the
4 petition a statement that the local board of directors rejected
5 the petition for a charter school, the names of all applicants
6 for the charter, the date of denial by the board and the
7 proposed location of the charter school. No resident may sign
8 more than one petition relating to the charter school
9 application within the sixty (60) days following denial of the
10 application. The department shall develop a form to be used to
11 petition for an appeal.
12 (4) Each petition to appeal denial of a charter under clause
13 (2) shall have appended thereto the affidavit of some person,
14 not necessarily a signer, setting forth all of the following:
15 (i) That the affiant is a resident of the school district
16 referred to in the petition.
17 (ii) The affiant's residence, giving city, borough or
18 township, with street and number, if any.
19 (iii) That the signers signed with full knowledge of the
20 purpose of the petition.
21 (iv) That the signers' respective residences are correctly
22 stated in the petition.
23 (v) That the signers all reside in the school district.
24 (vi) That each signer signed on the date set forth opposite
25 the signer's name.
26 (vii) That to the best of the affiant's knowledge and
27 belief, the signers are residents of the school district.
28 (5) If the required number of signatures are obtained on a
29 petition to appeal denial of a charter under clause (2) within
30 sixty (60) days of the denial of the application by an initial
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1 approving authority, the applicant may present the petition to
2 the court of common pleas of the county in which the charter
3 school would be situated. The court shall hold a hearing only on
4 the sufficiency of the petition. The applicant and local board
5 of school directors shall be given seven (7) days' notice of the
6 hearing. The court shall issue a decree establishing the
7 sufficiency or insufficiency of the petition. If the petition is
8 sufficient, the decree shall be transmitted to the State Charter
9 School Appeal Board for review in accordance with this section.
10 Notification of the decree shall be given to the applicant and
11 the local board of directors.
12 (6) In any appeal, the decision made by the [local board of
13 directors] initial approving authority shall be reviewed by the
14 appeal board on the record as certified by the [local board of
15 directors] initial approving authority. The appeal board shall
16 give due consideration to the findings of the [local board of
17 directors] initial approving authority and specifically
18 articulate its reasons for agreeing or disagreeing with those
19 findings in its written decision. The appeal board shall have
20 the discretion to allow the [local board of directors] initial
21 approving authority and the charter school applicant to
22 supplement the record if the supplemental information was
23 previously unavailable.
24 (7) Not later than thirty (30) days after the date of notice
25 of the acceptance of the appeal, the appeal board shall meet to
26 officially review the certified record.
27 (8) Not later than sixty (60) days following the review
28 conducted pursuant to clause (6), the appeal board shall issue a
29 written decision affirming or denying the appeal. If the appeal
30 board has affirmed the decision of the [local board of
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1 directors] initial approving authority, notice shall be provided
2 to both parties.
3 (9) A decision of the appeal board to reverse the decision
4 of the [local board of directors] initial approving authority
5 shall serve as a requirement for the [local board of directors
6 of a school district or school districts] initial approving
7 authority, as appropriate, to grant the application and sign the
8 written charter of the charter school as provided for in section
9 1720-A. Should the [local board of directors] initial approving
10 authority fail to grant the application and sign the charter
11 within ten (10) days of notice of the reversal of the decision
12 of the [local board of directors] initial approving authority,
13 the charter shall be deemed to be approved and shall be signed
14 by the chairman of the appeal board.
15 (10) All decisions of the appeal board shall be subject to
16 appellate review by the Commonwealth Court.
17 Section 1718-A. Regional Charter School.--(a) A regional
18 charter school may be established by an individual, one or more
19 teachers who will teach at the proposed charter school; parents
20 or guardians of students who will attend the charter school; any
21 nonsectarian college, university or museum located in this
22 Commonwealth; any nonsectarian corporation not-for-profit, as
23 defined in 15 Pa.C.S. (relating to corporations and
24 unincorporated associations); any corporation, association or
25 partnership; or any combination thereof. A regional charter
26 school may be established by creating a new school or by
27 converting an existing public school or a portion of an existing
28 public school. Conversion of an existing public school to a
29 regional charter school shall be accomplished in accordance with
30 section 1714-A(b). No regional charter school shall be
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1 established or funded by and no charter shall be granted to any
2 sectarian school, institution or other entity.
3 (b) The boards of school directors of one or more school
4 districts, or the governing board of any combination of one or
5 more initial approving authorities, may act jointly to receive
6 and consider an application for a regional charter school,
7 except that any action to approve an application for a charter
8 or to sign a written charter of an applicant shall require an
9 affirmative vote of a majority of all the school directors of
10 each of the school districts or a majority of the members of the
11 governing board of each of the initial approving authorities
12 involved. [The applicant shall apply for a charter to the board
13 of directors of any school district in which the charter school
14 will be located.]
15 (c) The provisions of this article as they pertain to
16 charter schools and the powers and duties of the local board of
17 school directors of a school district and the appeal board shall
18 apply to regional charter schools, except as provided in
19 subsections (a) and (b) or as otherwise clearly stated in this
20 article.
21 Section 1720-A. Term and Form of Charter.--Upon approval of
22 a charter application under section 1717-A, a written charter
23 shall be developed which shall contain the provisions of the
24 charter application and which shall be signed by the [local
25 board of school directors of a school district, by the local
26 boards of school directors of a school district in the case of a
27 regional charter school or by the chairman of the appeal board
28 pursuant to section 1717-A(i)(5)] initial approving authority
29 and the board of trustees of the charter school. This written
30 charter, when duly signed by the [local board of school
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1 directors of a school district, or by the local boards of school
2 directors of a school district in the case of a regional charter
3 school,] initial approving authority and the charter school's
4 board of trustees, shall act as legal authorization for the
5 establishment of a charter school. This written charter shall be
6 legally binding on both [the local board of school directors of
7 a school district and the charter school's board of trustees]
8 the charter school's board of trustees and on the initial
9 approving authority, as applicable. The charter [shall be for a
10 period of no less than three (3) nor more than five (5) years
11 and may be renewed for five (5) year periods upon
12 reauthorization by the local board of school directors of a
13 school district or the appeal board.] may be for a fixed term of
14 no less than three (3) years, may provide for renewal, or it may
15 provide that it is to remain in force unless revoked for cause
16 by the department or initial approving authority. A charter will
17 be granted only for a school organized as a public, nonprofit
18 corporation.
19 Section 1724-A. School Staff.--* * *
20 (d) Every employe of a charter school shall be provided the
21 same health care benefits as the employe would be provided if he
22 or she were an employe of the local district. The [local board
23 of school directors] initial approving authority may require the
24 charter school to provide the same terms and conditions with
25 regard to health insurance as the collective bargaining
26 agreement of the school district to include employe
27 contributions to the district's health benefits plan. The
28 charter school shall make any required employer's contribution
29 to the district's health plan to an insurer, [a local board of
30 school directors] an initial approving authority or a
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1 contractual representative of school employes, whichever is
2 appropriate to provide the required coverage.
3 * * *
4 Section 3. Section 1725-A(a) of the act, amended June 29,
5 2002 (P.L.524, No.88), is amended to read:
6 Section 1725-A. Funding for Charter Schools.--(a) Funding
7 for a charter school shall be provided in the following manner:
8 (1) There shall be no tuition charge for a resident or
9 nonresident student attending a charter school.
10 (2) For non-special education students, the charter school
11 shall receive for each student enrolled no less than the
12 budgeted total expenditure per average daily membership of the
13 prior school year, as defined in section 2501(20), minus the
14 budgeted expenditures of the district of residence for nonpublic
15 school programs; adult education programs; community/junior
16 college programs; student transportation services; for special
17 education programs; facilities acquisition, construction and
18 improvement services; and other financing uses, including debt
19 service and fund transfers as provided in the Manual of
20 Accounting and Related Financial Procedures for Pennsylvania
21 School Systems established by the department. This amount shall
22 be paid by the district of residence of each student[.] or, upon
23 written request of the charter school, by the department to the
24 charter school in which a Pennsylvania resident student is
25 enrolled from any State allocation to which the school district
26 in which the student resides is entitled. The department shall
27 notify the school district of the receipt of a request for
28 direct payment by the department. When the student's district of
29 residence Annual Financial Report (AFR) contains final school
30 district fiscal information that causes the funding per student
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1 as defined in this clause to be two percent (2%) or more than
2 the amount determined by the figures in the budget of the school
3 district of residence, then the funding per charter school
4 student shall be recalculated and the difference sent to the
5 charter school where the student is enrolled.
6 (3) For special education students, the charter school shall
7 receive for each student enrolled the same funding as for each
8 non-special education student as provided in clause (2), plus an
9 additional amount determined by dividing the district of
10 residence's total special education expenditure by the product
11 of multiplying the combined percentage of section 2509.5(k)
12 times the district of residence's total average daily membership
13 for the prior school year. This amount shall be paid by the
14 [district of residence of each student.] department to the
15 charter school which a Pennsylvania resident student is enrolled
16 from any State allocation to which the school district in which
17 the special education student resides is entitled. When the
18 student's district of residence Annual Financial Report (AFR)
19 contains final school district fiscal information that causes
20 the funding per student as defined in this clause to be two
21 percent (2%) or more that the amount determined by the figures
22 in the budget of the school district of residence, then the
23 funding per charter school student shall be recalculated and the
24 difference sent to the charter school where the student is
25 enrolled.
26 (4) A charter school may request the intermediate unit in
27 which the charter school is located to provide services to
28 assist the charter school to address the specific needs of
29 exceptional students. The intermediate unit shall assist the
30 charter school and bill the charter school for the services. The
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1 intermediate unit may not charge the charter school more for any
2 service than it charges the constituent districts of the
3 intermediate unit.
4 (5) Payments shall be made to the charter school in twelve
5 (12) equal monthly payments, by the fifth day of each month,
6 within the operating school year. A student enrolled in a
7 charter school shall be included in the average daily membership
8 of the student's district of residence for the purpose of
9 providing basic education funding payments and special education
10 funding pursuant to Article XXV. [If a school district fails to
11 make a payment to a charter school as prescribed in this clause,
12 the secretary shall deduct the estimated amount, as documented
13 by the charter school, from any and all State payments made to
14 the district after receipt of documentation from the charter
15 school.]
16 (6) Within thirty (30) days after the secretary makes the
17 deduction described in clause (5), a school district may notify
18 the secretary that the deduction made from State payments to the
19 district under this subsection is inaccurate. The secretary
20 shall provide the school district with an opportunity to be
21 heard concerning whether the charter school documented that its
22 students were enrolled in the charter school, the period of time
23 during which each student was enrolled, the school district of
24 residence of each student and whether the amounts deducted from
25 the school district were accurate.
26 * * *
27 Section 4. Sections 1727-A and 1728-A of the act, added June
28 19, 1997 (P.L.225, No.22), are amended to read:
29 Section 1727-A. Tort Liability.--For purposes of tort
30 liability, employes of the charter school shall be considered
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1 public employes and the board of trustees shall be considered
2 the public employer in the same manner as political subdivisions
3 and local agencies. The board of trustees of a charter school
4 and the charter school shall be solely liable for any and all
5 damages of any kind resulting from any legal challenge involving
6 the operation of a charter school. Notwithstanding this
7 requirement, the local board of directors of a school entity, an
8 initial approving authority shall not be held liable for any
9 activity or operation related to the program of the charter
10 school.
11 Section 1728-A. Annual Reports and Assessments.--(a) The
12 [local board of school directors] initial approving authority
13 shall annually assess whether each charter school is meeting the
14 goals of its charter and shall conduct a comprehensive review
15 [prior to granting a five (5) year renewal of the charter] every
16 five (5) years. The [local board of school directors] initial
17 approving authority shall have ongoing access to the records and
18 facilities of the charter school to ensure that the charter
19 school is in compliance with its charter and this act and that
20 requirements for testing, civil rights and student health and
21 safety are being met.
22 (b) In order to facilitate the [local board's] initial
23 approving authority's review and secretary's report, each
24 charter school shall submit an annual report no later than
25 August 1 of each year to the [local board of school directors]
26 initial approving authority and the secretary in the form
27 prescribed by the secretary.
28 (c) Five (5) years following the effective date of this
29 article, the secretary shall contract with an independent
30 professional consultant with expertise in public and private
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1 education. The consultant shall receive input from members of
2 the educational community and the public on the charter school
3 program. The consultant shall submit a report to the secretary,
4 the Governor and the General Assembly and an evaluation of the
5 charter school program, which shall include a recommendation on
6 the advisability of the continuation, modification, expansion or
7 termination of the program and any recommendations for changes
8 in the structure of the program.
9 Section 5. Section 1729-A of the act, amended or added June
10 19, 1997 (P.L.225, No.22) and July 4, 2004 (P.L.536, No,.70), is
11 amended to read:
12 Section 1729-A. Causes for Nonrenewal or Termination.--(a)
13 During the term of the charter or at the end of the term of the
14 charter, the [local board of school directors] initial approving
15 authority may choose to revoke or not to renew the charter based
16 on any of the following:
17 (1) One or more material violations of any of the
18 conditions, standards or procedures contained in the written
19 charter signed pursuant to section 1720-A.
20 (2) Failure to meet the requirements for student performance
21 set forth in 22 Pa. Code Ch. 5 (relating to curriculum) or
22 subsequent regulations promulgated to replace 22 Pa. Code Ch. 5
23 or failure to meet any performance standard set forth in the
24 written charter signed pursuant to section 1716-A.
25 (3) Failure to meet generally accepted standards of fiscal
26 management or audit requirements.
27 (4) Violation of provisions of this article.
28 (5) Violation of any provision of law from which the charter
29 school has not been exempted, including Federal laws and
30 regulations governing children with disabilities.
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1 (6) The charter school has been convicted of fraud.
2 (b) A member of the board of trustees who is convicted of a
3 felony or any crime involving moral turpitude shall be
4 immediately disqualified from serving on the board of trustees.
5 (c) Any notice of revocation or nonrenewal of a charter
6 [given by the local board of school directors of a school
7 district] shall state the grounds for such action with
8 reasonable specificity and give reasonable notice to the
9 governing board of the charter school of the date on which a
10 public hearing concerning the revocation or nonrenewal will be
11 held. The [local board of school directors] initial approving
12 authority shall conduct such hearing, present evidence in
13 support of the grounds for revocation or nonrenewal stated in
14 its notice and give the charter school reasonable opportunity to
15 offer testimony before taking final action. Formal action
16 revoking or not renewing a charter shall be taken by the [local
17 board of school directors] initial approving authority at a
18 public meeting pursuant to the act of July 3, 1986 (P.L.388,
19 No.84), known as the "Sunshine Act," after the public has had
20 thirty (30) days to provide comments to the board. All
21 proceedings of the local board pursuant to this subsection shall
22 be subject to 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and
23 procedure of local agencies). Except as provided in subsection
24 (d), the decision of the local board shall not be subject to 2
25 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local
26 agency action).
27 (d) Following the appointment and confirmation of the appeal
28 board, but not before July 1, 1999, the charter school may
29 appeal the decision of the local board of school directors to
30 revoke or not renew the charter to the appeal board. The appeal
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1 board shall have the exclusive review of a decision not to renew
2 or revoke a charter. The appeal board shall review the record
3 and shall have the discretion to supplement the record if the
4 supplemental information was previously unavailable. The appeal
5 board may consider the charter school plan, annual reports,
6 student performance and employe and community support for the
7 charter school in addition to the record. The appeal board shall
8 give due consideration to the findings of the local board of
9 directors and specifically articulate its reasons for agreeing
10 or disagreeing with those findings in its written decision.
11 (e) If the appeal board determines that the charter should
12 not be revoked or should be renewed, the appeal board shall
13 order the local board of directors to rescind its revocation or
14 nonrenewal decision.
15 (f) Except as provided in subsection (g), the charter shall
16 remain in effect until final disposition by the appeal board.
17 (g) In cases where the health or safety of the school's
18 pupils, staff or both is at serious risk, the local board of
19 school directors may take immediate action to revoke a charter.
20 (h) All decisions of the charter school appeal board shall
21 be subject to appellate review by the Commonwealth Court.
22 (i) When a charter is revoked, not renewed, forfeited,
23 surrendered or otherwise ceases to operate, the charter school
24 shall be dissolved. After the disposition of any liabilities and
25 obligations of the charter school, any remaining assets of the
26 charter school, both real and personal, shall be distributed on
27 a proportional basis to the school entities with students
28 enrolled in the charter school for the last full or partial
29 school year of the charter school. In no event shall such school
30 entities or the Commonwealth be liable for any outstanding
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1 liabilities or obligations of the charter school.
2 (j) When a charter is revoked or is not renewed, a student
3 who attended the charter school shall apply to another public
4 school in the student's school district of residence. Normal
5 application deadlines will be disregarded under these
6 circumstances. All student records maintained by the charter
7 school shall be forwarded to the student's district of
8 residence.
9 Section 6. Section 1730-A of the act, added June 19, 1997
10 (P.L.225, No.22), is amended to read:
11 Section 1730-A. Desegregation Orders.--[The local board of
12 school directors of] If a school district [which] is operating
13 under a desegregation plan approved by the Pennsylvania Human
14 Relations Commission or a desegregation order by a Federal or
15 State court, an initial approving authority shall not approve a
16 charter school application if such charter school would place
17 the school district in noncompliance with its desegregation
18 order.
19 Section 7. The following provisions shall apply to charter
20 school applications made on or after the effective date of this
21 section:
22 (1) The amendment or addition of the definition of
23 "charter school," "regional charter school," "initial
24 approving authority" and "institution of higher education" in
25 section 1703-A of the act.
26 (2) The amendment of sections 1716-A, 1717-A, 1718-A,
27 1720-A, 1724-A, 1725-A, 1727-A, 1728-A, 1729-A and 1730-A of
28 the act.
29 Section 8. This act shall take effect in 60 days.
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