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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KILLION, PAYTON, MARSHALL, B. BOYLE, CHRISTIANA, CLYMER, COX, DAVIDSON, DELOZIER, ELLIS, GINGRICH, GROVE, KAUFFMAN, W. KELLER, MICCARELLI, MILLER, OBERLANDER, M. O'BRIEN, PICKETT, QUIGLEY, RAPP, SCHRODER, SWANGER, TRUITT, VEREB, WATERS AND WATSON, APRIL 25, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, APRIL 25, 2011 |
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| AN ACT |
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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 definitions and |
6 | for concurrent enrollment agreements; repealing provisions |
7 | relating to charter schools; and providing for charter |
8 | schools and cyber charter schools. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. The definitions of "concurrent student" and |
12 | "school entity" in section 1602-B of the act of March 10, 1949 |
13 | (P.L.30, No.14), known as the Public School Code of 1949, added |
14 | July 13, 2005 (P.L.226, No.46), are amended to read: |
15 | Section 1602-B. Definitions. |
16 | The following words and phrases when used in this article |
17 | shall have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | * * * |
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1 | "Concurrent student." A student who is enrolled in a school |
2 | district, a charter school, a cyber charter school, an area |
3 | vocational-technical school, a nonpublic school, a private |
4 | school or a home education program under section 1327.1 and who |
5 | takes a concurrent course through a concurrent enrollment |
6 | program. |
7 | * * * |
8 | "School entity." A school district, a charter school, a |
9 | cyber charter school or an area vocational-technical school. |
10 | * * * |
11 | Section 2. Section 1613-B of the act is amended by adding a |
12 | subsection to read: |
13 | Section 1613-B. Concurrent enrollment agreements. |
14 | * * * |
15 | (c) Charter schools and cyber charter schools.--Charter |
16 | schools and cyber charter schools shall have the power and |
17 | authority to enter into a concurrent enrollment agreement with |
18 | an institution of higher education, and appropriate credit shall |
19 | be awarded to students concurrently enrolled under the |
20 | agreement. |
21 | Section 3. Article XVII-A heading, Subdivision heading (a), |
22 | sections 1701-A and 1702-A, added June 19, 1997 (P.L.225, |
23 | No.22), are repealed: |
24 | [ARTICLE XVII-A. |
25 | CHARTER SCHOOLS. |
26 | (a) Preliminary Provisions. |
27 | Section 1701-A. Short Title.--This article shall be known |
28 | and may be cited as the "Charter School Law." |
29 | Section 1702-A. Legislative Intent.--It is the intent of the |
30 | General Assembly, in enacting this article, to provide pupils |
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1 | and community members to establish and maintain schools that |
2 | operate independently from the existing school district |
3 | structure as a method to accomplish all of the following: |
4 | (1) Improve pupil learning. |
5 | (2) Increase learning opportunities for all pupils. |
6 | (3) Encourage the use of different and innovative teaching |
7 | methods. |
8 | (4) Create new professional opportunities for teachers, |
9 | including the opportunity to be responsible for the learning |
10 | program at the school site. |
11 | (5) Provide parents and pupils with expanded choices in the |
12 | types of educational opportunities that are available within the |
13 | public school system. |
14 | (6) Hold the schools established under this act accountable |
15 | for meeting measurable academic standards and provide the school |
16 | with a method to establish accountability systems.] |
17 | Section 3.1. Section 1703-A of the act, amended June 29, |
18 | 2002 (P.L.524, No.88), is repealed: |
19 | [Section 1703-A. Definitions.--As used in this article, |
20 | "Appeal board" shall mean the State Charter School Appeal |
21 | Board established by this article. |
22 | "At-risk student" shall mean a student at risk of educational |
23 | failure because of limited English proficiency, poverty, |
24 | community factors, truancy, academic difficulties or economic |
25 | disadvantage. |
26 | "Charter school" shall mean an independent public school |
27 | established and operated under a charter from the local board of |
28 | school directors and in which students are enrolled or attend. A |
29 | charter school must be organized as a public, nonprofit |
30 | corporation. Charters may not be granted to any for-profit |
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1 | entity. |
2 | "Chief executive officer" shall mean an individual appointed |
3 | by the board of trustees to oversee and manage the operation of |
4 | the charter school, but who shall not be deemed a professional |
5 | staff member under this article. |
6 | "Cyber charter school" shall mean an independent public |
7 | school established and operated under a charter from the |
8 | Department of Education and in which the school uses technology |
9 | in order to provide a significant portion of its curriculum and |
10 | to deliver a significant portion of instruction to its students |
11 | through the Internet or other electronic means. A cyber charter |
12 | school must be organized as a public, nonprofit corporation. A |
13 | charter may not be granted to a for-profit entity. |
14 | "Department" shall mean the Department of Education of the |
15 | Commonwealth. |
16 | "Local board of school directors" shall mean the board of |
17 | directors of a school district in which a proposed or an |
18 | approved charter school is located. |
19 | "Regional charter school" shall mean an independent public |
20 | school established and operated under a charter from more than |
21 | one local board of school directors and in which students are |
22 | enrolled or attend. A regional charter school must be organized |
23 | as a public, nonprofit corporation. Charters may not be granted |
24 | to any for-profit entity. |
25 | "School district of residence" shall mean the school district |
26 | in this Commonwealth in which the parents or guardians of a |
27 | child reside. |
28 | "School entity" shall mean a school district, intermediate |
29 | unit, joint school or area vocational-technical school. |
30 | "Secretary" shall mean the Secretary of Education of the |
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1 | Commonwealth. |
2 | "State board" shall mean the State Board of Education of the |
3 | Commonwealth.] |
4 | Section 3.2. Subdivision heading (b), added June 19, 1997 |
5 | (P.L.225, No.22), is repealed: |
6 | [(b) Charter Schools.] |
7 | Section 3.3. Section 1714-A of the act, amended July 4, 2004 |
8 | (P.L.536, No.70), is repealed: |
9 | [Section 1714-A. Powers of Charter Schools.--(a) A charter |
10 | school established under this act is a body corporate and shall |
11 | have all powers necessary or desirable for carrying out its |
12 | charter, including, but not limited to, the power to: |
13 | (1) Adopt a name and corporate seal; however, any name |
14 | selected shall include the words "charter school." |
15 | (2) Sue and be sued, but only to the same extent and upon |
16 | the same condition that political subdivisions and local |
17 | agencies can be sued. |
18 | (3) Acquire real property from public or private sources by |
19 | purchase, lease, lease with an option to purchase or gift for |
20 | use as a charter school facility. |
21 | (4) Receive and disburse funds for charter school purposes |
22 | only. |
23 | (5) Make contracts and leases for the procurement of |
24 | services, equipment and supplies. |
25 | (6) Incur temporary debts in anticipation of the receipt of |
26 | funds. |
27 | (6.1) Incur debt for the construction of school facilities. |
28 | (7) Solicit and accept any gifts or grants for charter |
29 | school purposes. |
30 | (b) A charter school shall have such other powers as are |
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1 | necessary to fulfill its charter and which are not inconsistent |
2 | with this article. |
3 | (c) Any indebtedness incurred by a charter school in the |
4 | exercise of the powers specified in this section shall not |
5 | impose any liability or legal obligation upon a school entity or |
6 | upon the Commonwealth.] |
7 | Section 3.4. Section 1715-A, amended or added June 19, 1997 |
8 | (P.L.225, No.22) and July 9, 2008 (P.L.846, No.61), is repealed: |
9 | [Section 1715-A. Charter School Requirements.--Charter |
10 | schools shall be required to comply with the following |
11 | provisions: |
12 | (1) Except as otherwise provided in this article, a charter |
13 | school is exempt from statutory requirements established in this |
14 | act, from regulations of the State board and the standards of |
15 | the secretary not specifically applicable to charter schools. |
16 | Charter schools are not exempt from statutes applicable to |
17 | public schools other than this act. |
18 | (2) A charter school shall be accountable to the parents, |
19 | the public and the Commonwealth, with the delineation of that |
20 | accountability reflected in the charter. Strategies for |
21 | meaningful parent and community involvement shall be developed |
22 | and implemented by each school. |
23 | (3) A charter school shall not unlawfully discriminate in |
24 | admissions, hiring or operation. |
25 | (4) A charter school shall be nonsectarian in all |
26 | operations. |
27 | (5) A charter school shall not provide any religious |
28 | instruction, nor shall it display religious objects and symbols |
29 | on the premises of the charter school. |
30 | (6) A charter school shall not advocate unlawful behavior. |
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1 | (7) A charter school shall only be subject to the laws and |
2 | regulations as provided for in section 1732-A, or as otherwise |
3 | provided for in this article. |
4 | (8) A charter school shall participate in the Pennsylvania |
5 | State Assessment System as provided for in 22 Pa. Code Ch. 5 |
6 | (relating to curriculum), or subsequent regulations promulgated |
7 | to replace 22 Pa. Code Ch. 5, in the manner in which the school |
8 | district in which the charter school is located is scheduled to |
9 | participate. |
10 | (9) A charter school shall provide a minimum of one hundred |
11 | eighty (180) days of instruction or nine hundred (900) hours per |
12 | year of instruction at the elementary level, or nine hundred |
13 | ninety (990) hours per year of instruction at the secondary |
14 | level. Nothing in this clause shall preclude the use of computer |
15 | and satellite linkages for delivering instruction to students. |
16 | (10) Boards of trustees and contractors of charter schools |
17 | shall be subject to the following statutory requirements |
18 | governing construction projects and construction-related work: |
19 | (i) The following provisions of this act: |
20 | (A) Sections 751 and 751.1. |
21 | (B) Sections 756 and 757 insofar as they are consistent with |
22 | the act of December 20, 1967 (P.L.869, No.385), known as the |
23 | "Public Works Contractors' Bond Law of 1967." |
24 | (ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104), |
25 | entitled "An act regulating the letting of certain contracts for |
26 | the erection, construction, and alteration of public buildings." |
27 | (iii) The act of August 11, 1961 (P.L.987, No.442), known as |
28 | the "Pennsylvania Prevailing Wage Act." |
29 | (iv) The "Public Works Contractors' Bond Law of 1967." |
30 | (v) The act of March 3, 1978 (P.L.6, No.3), known as the |
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1 | "Steel Products Procurement Act." |
2 | (11) Trustees of a charter school shall be public officials. |
3 | (12) A person who serves as an administrator for a charter |
4 | school shall not receive compensation from another charter |
5 | school or from a company that provides management or other |
6 | services to another charter school. The term "administrator" |
7 | shall include the chief executive officer of a charter school |
8 | and all other employes of a charter school who by virtue of |
9 | their positions exercise management or operational oversight |
10 | responsibilities. A person who serves as an administrator for a |
11 | charter school shall be a public official under 65 Pa.C.S. Ch. |
12 | 11 (relating to ethics standards and financial disclosure). A |
13 | violation of this clause shall constitute a violation of 65 |
14 | Pa.C.S. § 1103(a) (relating to restricted activities), and the |
15 | violator shall be subject to the penalties imposed under the |
16 | jurisdiction of the State Ethics Commission.] |
17 | Section 3.5. Sections 1716-A, 1717-A, 1718-A and 1719-A, |
18 | added June 19, 1997 (P.L.225, No.22), are repealed: |
19 | [Section 1716-A. Powers of Board of Trustees.--(a) The |
20 | board of trustees of a charter school shall have the authority |
21 | to decide matters related to the operation of the school, |
22 | including, but not limited to, budgeting, curriculum and |
23 | operating procedures, subject to the school's charter. The board |
24 | shall have the authority to employ, discharge and contract with |
25 | necessary professional and nonprofessional employes subject to |
26 | the school's charter and the provisions of this article. |
27 | (b) No member of a local board of school directors of a |
28 | school entity shall serve on the board of trustees of a charter |
29 | school that is located in the member's district. |
30 | (c) The board of trustees shall comply with the act of July |
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1 | 3, 1986 (P.L.388, No.84), known as the "Sunshine Act." |
2 | Section 1717-A. Establishment of Charter School.--(a) A |
3 | charter school may be established by an individual; one or more |
4 | teachers who will teach at the proposed charter school; parents |
5 | or guardians of students who will attend the charter school; any |
6 | nonsectarian college, university or museum located in this |
7 | Commonwealth; any nonsectarian corporation not-for-profit, as |
8 | defined in 15 Pa.C.S. (relating to corporations and |
9 | unincorporated associations); any corporation, association or |
10 | partnership; or any combination thereof. A charter school may be |
11 | established by creating a new school or by converting an |
12 | existing public school or a portion of an existing public |
13 | school. No charter school shall be established or funded by and |
14 | no charter shall be granted to any sectarian school, institution |
15 | or other entity. No funds allocated or disbursed under this |
16 | article shall be used to directly support instruction pursuant |
17 | to section 1327.1. |
18 | (b) (1) The conversion of an existing public school or |
19 | portion of an existing public school to a charter school may be |
20 | initiated by any individual or entity authorized to establish a |
21 | charter school under subsection (a). |
22 | (2) In order to convert an existing public school to a |
23 | charter school, the applicants must show that: |
24 | (i) More than fifty per centum of the teaching staff in the |
25 | public school have signed a petition in support of the public |
26 | school becoming a charter school; and |
27 | (ii) More than fifty per centum of the parents or guardians |
28 | of pupils attending that public school have signed a petition in |
29 | support of the school becoming a charter school. |
30 | (3) In no event shall the board of school directors serve as |
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1 | the board of trustees of an existing school which is converted |
2 | to a charter school pursuant to this subsection. |
3 | (c) An application to establish a charter school shall be |
4 | submitted to the local board of school directors of the district |
5 | where the charter school will be located by November 15 of the |
6 | school year preceding the school year in which the charter |
7 | school will be established except that for a charter school |
8 | beginning in the 1997-1998 school year, an application must be |
9 | received by July 15, 1997. In the 1997-1998 school year only, |
10 | applications shall be limited to recipients of fiscal year |
11 | 1996-1997 Department of Education charter school planning |
12 | grants. |
13 | (d) Within forty-five (45) days of receipt of an |
14 | application, the local board of school directors in which the |
15 | proposed charter school is to be located shall hold at least one |
16 | public hearing on the provisions of the charter application, |
17 | under the act of July 3, 1986 (P.L.388, No.84), known as the |
18 | "Sunshine Act." At least forty-five (45) days must transpire |
19 | between the first public hearing and the final decision of the |
20 | board on the charter application except that for a charter |
21 | school beginning in the 1997-1998 school year, only thirty (30) |
22 | days must transpire between the first public hearing and the |
23 | final decision of the board. |
24 | (e) (1) Not later than seventy-five (75) days after the |
25 | first public hearing on the application, the local board of |
26 | school directors shall grant or deny the application. For a |
27 | charter school beginning in the 1997-1998 school year, the local |
28 | board of school directors shall grant or deny the application no |
29 | later than sixty (60) days after the first public hearing. |
30 | (2) A charter school application submitted under this |
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1 | article shall be evaluated by the local board of school |
2 | directors based on criteria, including, but not limited to, the |
3 | following: |
4 | (i) The demonstrated, sustainable support for the charter |
5 | school plan by teachers, parents, other community members and |
6 | students, including comments received at the public hearing held |
7 | under subsection (d). |
8 | (ii) The capability of the charter school applicant, in |
9 | terms of support and planning, to provide comprehensive learning |
10 | experiences to students pursuant to the adopted charter. |
11 | (iii) The extent to which the application considers the |
12 | information requested in section 1719-A and conforms to the |
13 | legislative intent outlined in section 1702-A. |
14 | (iv) The extent to which the charter school may serve as a |
15 | model for other public schools. |
16 | (3) The local board of school directors, in the case of an |
17 | existing school being converted to a charter school, shall |
18 | establish the alternative arrangements for current students who |
19 | choose not to attend the charter school. |
20 | (4) A charter application shall be deemed approved by the |
21 | local board of school directors of a school district upon |
22 | affirmative vote by a majority of all the directors. Formal |
23 | action approving or denying the application shall be taken by |
24 | the local board of school directors at a public meeting, with |
25 | notice or consideration of the application given by the board, |
26 | under the "Sunshine Act." |
27 | (5) Written notice of the board's action shall be sent to |
28 | the applicant, the department and the appeal board. If the |
29 | application is denied, the reasons for the denial, including a |
30 | description of deficiencies in the application, shall be clearly |
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1 | stated in the notice sent by the local board of school directors |
2 | to the charter school applicant. |
3 | (f) At the option of the charter school applicant, a denied |
4 | application may be revised and resubmitted to the local board of |
5 | school directors. Following the appointment and confirmation of |
6 | the Charter School Appeal Board under section 1721-A, the |
7 | decision of the local board of school directors may be appealed |
8 | to the appeal board. When an application is revised and |
9 | resubmitted to the local board of school directors, the board |
10 | may schedule additional public hearings on the revised |
11 | application. The board shall consider the revised and |
12 | resubmitted application at the first board meeting occurring at |
13 | least forty-five (45) days after receipt of the revised |
14 | application by the board. For a revised application resubmitted |
15 | for the 1997-1998 school year, the board shall consider the |
16 | application at the first board meeting occurring at least thirty |
17 | (30) days after its receipt. The board shall provide notice of |
18 | consideration of the revised application under the "Sunshine |
19 | Act." No appeal from a decision of a local school board may be |
20 | taken until July 1, 1999. |
21 | (g) Notwithstanding the provisions of subsection (e)(5), |
22 | failure by the local board of directors to hold a public hearing |
23 | and to grant or deny the application for a charter school within |
24 | the time periods specified in subsections (d), (e) and (f) shall |
25 | permit the applicant for a charter to file its application as an |
26 | appeal to the appeal board. In such case, the appeal board shall |
27 | review the application and make a decision to grant or deny a |
28 | charter based on the criteria established in subsection (e)(2). |
29 | (h) In the case of a review by the appeal board of an |
30 | application that is revoked or is not renewed, the appeal board |
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1 | shall make its decision based on the criteria established in |
2 | subsection (e)(2). A decision by the appeal board under this |
3 | subsection or subsection (g) to grant, to renew or not to revoke |
4 | a charter shall serve as a requirement for the local board of |
5 | directors of a school district or school districts, as |
6 | appropriate, to sign the written charter of the charter school |
7 | as provided for in section 1720-A. Should the local board of |
8 | directors fail to grant the application and sign the charter |
9 | within ten (10) days of notice of reversal of the decision of |
10 | the local board of directors, the charter shall be deemed to be |
11 | approved and shall be signed by the chairman of the appeal |
12 | board. |
13 | (i) (1) The appeal board shall have the exclusive review of |
14 | an appeal by a charter school applicant, or by the board of |
15 | trustees of an existing charter school, of a decision made by a |
16 | local board of directors not to grant a charter as provided in |
17 | this section. |
18 | (2) In order for a charter school applicant to be eligible |
19 | to appeal the denial of a charter by the local board of |
20 | directors, the applicant must obtain the signatures of at least |
21 | two per centum of the residents of the school district or of one |
22 | thousand (1,000) residents, whichever is less, who are over |
23 | eighteen (18) years of age. For a regional charter school, the |
24 | applicant must obtain the signatures of at least two per centum |
25 | of the residents of each school district granting the charter or |
26 | of one thousand (1,000) residents from each of the school |
27 | districts granting the charter, whichever is less, who are over |
28 | eighteen (18) years of age. The signatures shall be obtained |
29 | within sixty (60) days of the denial of the application by the |
30 | local board of directors in accordance with clause (3). |
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1 | (3) Each person signing a petition to appeal denial of a |
2 | charter under clause (2) shall declare that he or she is a |
3 | resident of the school district which denied the charter |
4 | application and shall include his or her printed name; |
5 | signature; address, including city, borough or township, with |
6 | street and number, if any; and the date of signing. All pages |
7 | shall be bound together. Additional pages of the petition shall |
8 | be numbered consecutively. There shall be appended to the |
9 | petition a statement that the local board of directors rejected |
10 | the petition for a charter school, the names of all applicants |
11 | for the charter, the date of denial by the board and the |
12 | proposed location of the charter school. No resident may sign |
13 | more than one petition relating to the charter school |
14 | application within the sixty (60) days following denial of the |
15 | application. The department shall develop a form to be used to |
16 | petition for an appeal. |
17 | (4) Each petition shall have appended thereto the affidavit |
18 | of some person, not necessarily a signer, setting forth all of |
19 | the following: |
20 | (i) That the affiant is a resident of the school district |
21 | referred to in the petition. |
22 | (ii) The affiant's residence, giving city, borough or |
23 | township, with street and number, if any. |
24 | (iii) That the signers signed with full knowledge of the |
25 | purpose of the petition. |
26 | (iv) That the signers' respective residences are correctly |
27 | stated in the petition. |
28 | (v) That the signers all reside in the school district. |
29 | (vi) That each signer signed on the date set forth opposite |
30 | the signer's name. |
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1 | (vii) That to the best of the affiant's knowledge and |
2 | belief, the signers are residents of the school district. |
3 | (5) If the required number of signatures are obtained within |
4 | sixty (60) days of the denial of the application, the applicant |
5 | may present the petition to the court of common pleas of the |
6 | county in which the charter school would be situated. The court |
7 | shall hold a hearing only on the sufficiency of the petition. |
8 | The applicant and local board of school directors shall be given |
9 | seven (7) days' notice of the hearing. The court shall issue a |
10 | decree establishing the sufficiency or insufficiency of the |
11 | petition. If the petition is sufficient, the decree shall be |
12 | transmitted to the State Charter School Appeal Board for review |
13 | in accordance with this section. Notification of the decree |
14 | shall be given to the applicant and the local board of |
15 | directors. |
16 | (6) In any appeal, the decision made by the local board of |
17 | directors shall be reviewed by the appeal board on the record as |
18 | certified by the local board of directors. The appeal board |
19 | shall give due consideration to the findings of the local board |
20 | of directors and specifically articulate its reasons for |
21 | agreeing or disagreeing with those findings in its written |
22 | decision. The appeal board shall have the discretion to allow |
23 | the local board of directors and the charter school applicant to |
24 | supplement the record if the supplemental information was |
25 | previously unavailable. |
26 | (7) Not later than thirty (30) days after the date of notice |
27 | of the acceptance of the appeal, the appeal board shall meet to |
28 | officially review the certified record. |
29 | (8) Not later than sixty (60) days following the review |
30 | conducted pursuant to clause (6), the appeal board shall issue a |
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1 | written decision affirming or denying the appeal. If the appeal |
2 | board has affirmed the decision of the local board of directors, |
3 | notice shall be provided to both parties. |
4 | (9) A decision of the appeal board to reverse the decision |
5 | of the local board of directors shall serve as a requirement for |
6 | the local board of directors of a school district or school |
7 | districts, 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 fail to grant the |
10 | application and sign the charter within ten (10) days of notice |
11 | of the reversal of the decision of the local board of directors, |
12 | the charter shall be deemed to be approved and shall be signed |
13 | by the chairman of the appeal board. |
14 | (10) All decisions of the appeal board shall be subject to |
15 | appellate review by the Commonwealth Court. |
16 | Section 1718-A. Regional Charter School.--(a) A regional |
17 | charter school may be established by an individual, one or more |
18 | teachers who will teach at the proposed charter school; parents |
19 | or guardians of students who will attend the charter school; any |
20 | nonsectarian college, university or museum located in this |
21 | Commonwealth; any nonsectarian corporation not-for-profit, as |
22 | defined in 15 Pa.C.S. (relating to corporations and |
23 | unincorporated associations); any corporation, association or |
24 | partnership; or any combination thereof. A regional charter |
25 | school may be established by creating a new school or by |
26 | converting an existing public school or a portion of an existing |
27 | public school. Conversion of an existing public school to a |
28 | regional charter school shall be accomplished in accordance with |
29 | section 1714-A(b). No regional charter school shall be |
30 | established or funded by and no charter shall be granted to any |
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1 | sectarian school, institution or other entity. |
2 | (b) The boards of school directors of one or more school |
3 | districts may act jointly to receive and consider an application |
4 | for a regional charter school, except that any action to approve |
5 | an application for a charter or to sign a written charter of an |
6 | applicant shall require an affirmative vote of a majority of all |
7 | the directors of each of the school districts involved. The |
8 | applicant shall apply for a charter to the board of directors of |
9 | any school district in which the charter school will be located. |
10 | (c) The provisions of this article as they pertain to |
11 | charter schools and the powers and duties of the local board of |
12 | school directors of a school district and the appeal board shall |
13 | apply to regional charter schools, except as provided in |
14 | subsections (a) and (b) or as otherwise clearly stated in this |
15 | article. |
16 | Section 1719-A. Contents of Application.--An application to |
17 | establish a charter school shall include all of the following |
18 | information: |
19 | (1) The identification of the charter applicant. |
20 | (2) The name of the proposed charter school. |
21 | (3) The grade or age levels served by the school. |
22 | (4) The proposed governance structure of the charter school, |
23 | including a description and method for the appointment or |
24 | election of members of the board of trustees. |
25 | (5) The mission and education goals of the charter school, |
26 | the curriculum to be offered and the methods of assessing |
27 | 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 requirements |
30 | of section 1723-A. |
|
1 | (7) Procedures which will be used regarding the suspension |
2 | or expulsion of pupils. Said procedures shall comply with |
3 | section 1318. |
4 | (8) Information on the manner in which community groups will |
5 | be involved in the charter school planning process. |
6 | (9) The financial plan for the charter school and the |
7 | provisions which will be made for auditing the school under |
8 | section 437. |
9 | (10) Procedures which shall be established to review |
10 | complaints of parents regarding the operation of the charter |
11 | school. |
12 | (11) A description of and address of the physical facility |
13 | in which the charter school will be located and the ownership |
14 | thereof and any lease arrangements. |
15 | (12) Information on the proposed school calendar for the |
16 | charter school, including the length of the school day and |
17 | school year consistent with the provisions of section 1502. |
18 | (13) The proposed faculty and a professional development |
19 | plan for the faculty of a charter school. |
20 | (14) Whether any agreements have been entered into or plans |
21 | developed with the local school district regarding participation |
22 | of the charter school students in extracurricular activities |
23 | within the school district. Notwithstanding any provision to the |
24 | contrary, no school district of residence shall prohibit a |
25 | student of a charter school from participating in any |
26 | extracurricular activity of that school district of residence: |
27 | Provided, That the student is able to fulfill all of the |
28 | requirements of participation in such activity and the charter |
29 | school does not provide the same extracurricular activity. |
30 | (15) A report of criminal history record, pursuant to |
|
1 | section 111, for all individuals who shall have direct contact |
2 | with students. |
3 | (16) An official clearance statement regarding child injury |
4 | or abuse from the Department of Public Welfare as required by 23 |
5 | Pa.C.S. Ch. 63 Subch. C.2 (relating to background checks for |
6 | employment in schools) for all individuals who shall have direct |
7 | contact with students. |
8 | (17) How the charter school will provide adequate liability |
9 | and other appropriate insurance for the charter school, its |
10 | employes and the board of trustees of the charter school.] |
11 | Section 3.6. Section 1720-A of the act, amended July 9, 2008 |
12 | (P.L.846, No.61), is repealed: |
13 | [Section 1720-A. Term and Form of Charter.--(a) Upon |
14 | approval of a charter application under section 1717-A, a |
15 | written charter shall be developed which shall contain the |
16 | provisions of the charter application and which shall be signed |
17 | by the local board of school directors of a school district, by |
18 | the local boards of school directors of a school district in the |
19 | case of a regional charter school or by the chairman of the |
20 | appeal board pursuant to section 1717-A(i)(5) and the board of |
21 | trustees of the charter school. This written charter, when duly |
22 | signed by the local board of school directors of a school |
23 | district, or by the local boards of school directors of a school |
24 | district in the case of a regional charter school, and the |
25 | charter school's board of trustees, shall act as legal |
26 | authorization for the establishment of a charter school. This |
27 | written charter shall be legally binding on both the local board |
28 | of school directors of a school district and the charter |
29 | school's board of trustees. Except as otherwise provided in |
30 | subsection (b), the charter shall be for a period of no less |
|
1 | than three (3) nor more than five (5) years and may be renewed |
2 | for five (5) year periods upon reauthorization by the local |
3 | board of school directors of a school district or the appeal |
4 | board. A charter will be granted only for a school organized as |
5 | a public, nonprofit corporation. |
6 | (b) (1) Notwithstanding subsection (a), a governing board |
7 | of a school district of the first class may renew a charter for |
8 | a period of one (1) year if the board of school directors |
9 | determines that there is insufficient data concerning the |
10 | charter school's academic performance to adequately assess that |
11 | performance and determines that an additional year of |
12 | performance data would yield sufficient data to assist the |
13 | governing board in its decision whether to renew the charter for |
14 | a period of five (5) years. |
15 | (2) A one-year renewal pursuant to paragraph (1) shall not |
16 | be considered an adjudication and may not be appealed to the |
17 | State Charter School Appeal Board. |
18 | (3) A governing board of a school district of the first |
19 | class does not have the authority to renew a charter for |
20 | successive one (1) year periods.] |
21 | Section 3.7. Section 1721-A of the act, added June 19, 1997 |
22 | (P.L.225, No.22), is repealed: |
23 | [Section 1721-A. State Charter School Appeal Board.--(a) |
24 | The State Charter School Appeal Board shall consist of the |
25 | Secretary of Education and six (6) members who shall be |
26 | appointed by the Governor by and with the consent of a majority |
27 | of all the members of the Senate. Appointments by the Governor |
28 | shall not occur prior to January 1, 1999. The Governor shall |
29 | select the chairman of the appeal board to serve at the pleasure |
30 | of the Governor. The members shall include: |
|
1 | (1) A parent of a school-aged child. |
2 | (2) A school board member. |
3 | (3) A certified teacher actively employed in a public |
4 | school. |
5 | (4) A faculty member or administrative employe of an |
6 | institution of higher education. |
7 | (5) A member of the business community. |
8 | (6) A member of the State Board of Education. |
9 | The term of office of members of the appeal board, other than |
10 | the secretary, shall be for a period of four (4) years or until |
11 | a successor is appointed and qualified, except that, of the |
12 | initial appointees, the Governor shall designate two (2) members |
13 | to serve terms of two (2) years, two (2) members to serve terms |
14 | of three (3) years and two (2) members to serve terms of four |
15 | (4) years. Any appointment to fill any vacancy shall be for the |
16 | period of the unexpired term or until a successor is appointed |
17 | and qualified. |
18 | (b) The appeal board shall meet as needed to fulfill the |
19 | purposes provided in this subsection. A majority of the members |
20 | of the appeal board shall constitute a quorum, and a majority of |
21 | the members of the appeal board shall have authority to act upon |
22 | any matter properly before the appeal board. The appeal board is |
23 | authorized to establish rules for its operation. |
24 | (c) The members shall receive no payment for their services. |
25 | Members who are not employes of State government shall be |
26 | reimbursed for expenses incurred in the course of their official |
27 | duties from funds appropriated for the general government |
28 | operations of the department. |
29 | (d) The department shall provide assistance and staffing for |
30 | the appeal board. The Governor, through the Governor's General |
|
1 | Counsel, shall provide such legal advice and assistance as the |
2 | appeal board may require. |
3 | (e) Meetings of the appeal board shall be conducted under |
4 | the act of July 3, 1986 (P.L.388, No.84), known as the "Sunshine |
5 | Act." Documents of the appeal board shall be subject to the act |
6 | of June 21, 1957 (P.L.390, No.212), referred to as the Right-to- |
7 | Know Law.] |
8 | Section 3.8. Section 1722-A of the act, amended November 17, |
9 | 2010 (P.L.996, No.104) and repealed in part July 4, 2004 |
10 | (P.L.536, No.70), is repealed: |
11 | [Section 1722-A. Facilities.--(a) A charter school may be |
12 | located in an existing public school building, in a part of an |
13 | existing public school building, in space provided on a |
14 | privately owned site, in a public building or in any other |
15 | suitable location. |
16 | (b) The charter school facility shall be exempt from public |
17 | school facility regulations except those pertaining to the |
18 | health or safety of the pupils. |
19 | (d) Notwithstanding any other provision of this act, a |
20 | school district of the first class may, in its discretion, |
21 | permit a charter school to operate its school at more than one |
22 | location. |
23 | (e) (1) Notwithstanding the provisions of section 204 of |
24 | the act of May 22, 1933 (P.L.853, No.155), known as The General |
25 | County Assessment Law, all school property, real and personal, |
26 | owned by any charter school, cyber charter school or an |
27 | associated nonprofit foundation, or owned by a nonprofit |
28 | corporation or nonprofit foundation and leased to a charter |
29 | school, cyber charter school or associated nonprofit foundation |
30 | at or below fair market value, that is occupied and used by any |
|
1 | charter school or cyber charter school for public school, |
2 | recreation or any other purposes provided for by this act, shall |
3 | be made exempt from every kind of State, county, city, borough, |
4 | township or other real estate tax, including payments in lieu of |
5 | taxes established through agreement with the Commonwealth or any |
6 | local taxing authority, as well as from all costs or expenses |
7 | for paving, curbing, sidewalks, sewers or other municipal |
8 | improvements, Provided, That any charter school or cyber charter |
9 | school or owner of property leased to a charter school or cyber |
10 | charter school may make a municipal improvement in a street on |
11 | which its school property abuts or may contribute a sum toward |
12 | the cost of the improvement. |
13 | (2) Any agreement entered into by a charter school, cyber |
14 | charter school or associated nonprofit foundation with the |
15 | Commonwealth or a local taxing authority for payments in lieu of |
16 | taxes prior to December 31, 2009, shall be null and void. |
17 | (3) This subsection shall apply retroactively to all charter |
18 | schools, cyber charter schools and associated nonprofit |
19 | foundations that filed an appeal from an assessment, as provided |
20 | in Article V of The General County Assessment Law, prior to the |
21 | effective date of this subsection. |
22 | (4) For purposes of this subsection, "local taxing |
23 | authority" shall include, but not be limited to, a county, city, |
24 | borough, incorporated town, township or school district.] |
25 | Section 3.9. Section 1723-A of the act, amended or added |
26 | June 26, 1999 (P.L.394, No.36) and July 9, 2008 (P.L.846, |
27 | No.61), is repealed: |
28 | [Section 1723-A. Enrollment.--(a) All resident children in |
29 | this Commonwealth qualify for admission to a charter school |
30 | within the provisions of subsection (b). If more students apply |
|
1 | to the charter school than the number of attendance slots |
2 | available in the school, then students must be selected on a |
3 | random basis from a pool of qualified applicants meeting the |
4 | established eligibility criteria and submitting an application |
5 | by the deadline established by the charter school, except that |
6 | the charter school may give preference in enrollment to a child |
7 | of a parent who has actively participated in the development of |
8 | the charter school and to siblings of students presently |
9 | enrolled in the charter school. First preference shall be given |
10 | to students who reside in the district or districts. |
11 | (b) (1) A charter school shall not discriminate in its |
12 | admission policies or practices on the basis of intellectual |
13 | ability, except as provided in paragraph (2), or athletic |
14 | ability, measures of achievement or aptitude, status as a person |
15 | with a disability, proficiency in the English language or any |
16 | other basis that would be illegal if used by a school district. |
17 | (2) A charter school may limit admission to a particular |
18 | grade level, a targeted population group composed of at-risk |
19 | students, or areas of concentration of the school such as |
20 | mathematics, science or the arts. A charter school may establish |
21 | reasonable criteria to evaluate prospective students which shall |
22 | be outlined in the school's charter. |
23 | (c) If available classroom space permits, a charter school |
24 | may enroll nonresident students on a space-available basis, and |
25 | the student's district of residence shall permit the student to |
26 | attend the charter school. The terms and conditions of the |
27 | enrollment shall be outlined in the school's charter. |
28 | (d) (1) Enrollment of students in a charter school or cyber |
29 | charter school shall not be subject to a cap or otherwise |
30 | limited by any past or future action of a board of school |
|
1 | directors, a board of control established under Article XVII-B, |
2 | a special board of control established under section 692 or any |
3 | other governing authority, unless agreed to by the charter |
4 | school or cyber charter school as part of a written charter |
5 | pursuant to section 1720-A. |
6 | (2) The provisions of this subsection shall apply to a |
7 | charter school or cyber charter school regardless of whether the |
8 | charter was approved prior to or is approved subsequent to the |
9 | effective date of this subsection.] |
10 | Section 3.10. Section 1724-A of the act, added June 29, 1997 |
11 | (P.L.225, No.22), is repealed: |
12 | [Section 1724-A. School Staff.--(a) The board of trustees |
13 | shall determine the level of compensation and all terms and |
14 | conditions of employment of the staff except as may otherwise be |
15 | provided in this article. At least seventy-five per centum of |
16 | the professional staff members of a charter school shall hold |
17 | appropriate State certification. Employes of a charter school |
18 | may organize under the act of July 23, 1970 (P.L.563, No.195), |
19 | known as the "Public Employe Relations Act." The board of |
20 | trustees of a charter school shall be considered an employer for |
21 | the purposes of Article XI-A. Upon formation of one or more |
22 | collective bargaining units at the school, the board of trustees |
23 | shall bargain with the employes based on the provisions of this |
24 | article, Article XI-A and the "Public Employe Relations Act." |
25 | Collective bargaining units at a charter school shall be |
26 | separate from any collective bargaining unit of the school |
27 | district in which the charter school is located and shall be |
28 | separate from any other collective bargaining unit. A charter |
29 | school shall be considered a school entity as provided for in |
30 | section 1161-A for the purpose of the secretary seeking an |
|
1 | injunction requiring the charter school to meet the minimum |
2 | requirements for instruction as provided for in this article. |
3 | (b) Each charter application shall list the general |
4 | qualifications needed to staff any noncertified positions. |
5 | Professional employes who do not hold appropriate Pennsylvania |
6 | certification must present evidence that they: |
7 | (i) Meet the qualifications in sections 1109 and 1209. |
8 | (ii) Have demonstrated satisfactorily a combination of |
9 | experience, achievement and qualifications as defined in the |
10 | charter school application in basic skills, general knowledge, |
11 | professional knowledge and practice and subject matter knowledge |
12 | in the subject area where an individual will teach. |
13 | (c) All employes of a charter school shall be enrolled in |
14 | the Public School Employee's Retirement System in the same |
15 | manner as set forth in 24 Pa.C.S. § 8301(a) (relating to |
16 | mandatory and optional membership) unless at the time of the |
17 | application for the charter school the sponsoring district or |
18 | the board of trustees of the charter school has a retirement |
19 | program which covers the employes or the employe is currently |
20 | enrolled in another retirement program. The Commonwealth shall |
21 | make contributions on behalf of charter school employes, and the |
22 | charter school shall be considered a school district and shall |
23 | make payments by employers and payments on account of Social |
24 | Security as established under 24 Pa.C.S. Pt. IV (relating to |
25 | retirement for school employees). For purposes of payments by |
26 | employers, a charter school shall be considered a school |
27 | district under 24 Pa.C.S. § 8329(a)(1) (relating to payments on |
28 | account of social security deductions from appropriations). The |
29 | market value/income aid ratio used in calculating payments as |
30 | prescribed in this subsection shall be the market value/income |
|
1 | aid ratio for the school district in which the charter school is |
2 | located or, in the case of a regional charter school, shall be a |
3 | composite market value/income aid ratio for the participating |
4 | school districts as determined by the department. Except as |
5 | otherwise provided, employes of a charter school shall make |
6 | regular member contributions as required for active members |
7 | under 24 Pa.C.S. Pt. IV. If the employes of the charter school |
8 | participate in another retirement plan, then those employes |
9 | shall have no concurrent claim on the benefits provided to |
10 | public school employes under 24 Pa.C.S. Pt. IV. For purposes of |
11 | this subsection, a charter school shall be deemed to be a |
12 | "public school" as defined in 24 Pa.C.S. § 8102 (relating to |
13 | definitions). |
14 | (d) Every employe of a charter school shall be provided the |
15 | same health care benefits as the employe would be provided if he |
16 | or she were an employe of the local district. The local board of |
17 | school directors may require the charter school to provide the |
18 | same terms and conditions with regard to health insurance as the |
19 | collective bargaining agreement of the school district to |
20 | include employe contributions to the district's health benefits |
21 | plan. The charter school shall make any required employer's |
22 | contribution to the district's health plan to an insurer, a |
23 | local board of school directors or a contractual representative |
24 | of school employes, whichever is appropriate to provide the |
25 | required coverage. |
26 | (e) Any public school employe of a school entity may request |
27 | a leave of absence for up to five (5) years in order to work in |
28 | a charter school located in the district of employment or in a |
29 | regional charter school in which the employing school district |
30 | is a participant. Approval for a leave shall not be unreasonably |
|
1 | withheld. |
2 | (f) Temporary professional employes on leave from a school |
3 | district may accrue tenure in the non-charter public school |
4 | system at the discretion of the local board of school directors, |
5 | the same as they would under Article XI if they had continued to |
6 | be employed by that district. Professional employes on leave |
7 | from a school district shall retain their tenure rights, as |
8 | defined in Article XI, in the school entity from which they |
9 | came. No temporary professional employe or professional employe |
10 | shall have tenure rights as against a charter school. Both |
11 | temporary professional employes and professional employes shall |
12 | continue to accrue seniority in the school entity from which |
13 | they came if they return to that school entity when the leave |
14 | ends. |
15 | (g) Professional employes who hold a first level teaching or |
16 | administrative certificate may, at their option, have the time |
17 | completed in satisfactory service in a charter school applied to |
18 | the length of service requirements for the next level of |
19 | certification. |
20 | (h) (1) Any temporary professional employe or professional |
21 | employe who leaves employment at a charter school shall have the |
22 | right to return to a comparable position for which the person is |
23 | properly certified in the school entity which granted the leave |
24 | of absence. In the case where a teacher has been dismissed by |
25 | the charter school, the school entity which granted the leave of |
26 | absence is to be provided by the charter school with the reasons |
27 | for such dismissal at the time it occurs, a list of any |
28 | witnesses who were relied on by the charter school in moving for |
29 | dismissal, a description of and access to any physical evidence |
30 | used by the charter school in moving for dismissal and a copy of |
|
1 | any record developed at any dismissal proceeding conducted by |
2 | the charter school. The record of any such hearing may be |
3 | admissible in a hearing before the school entity which granted |
4 | the leave of absence. Nothing in this section shall affect the |
5 | authority of the board of school directors to initiate |
6 | proceedings under Article XI if the board determines that |
7 | occurrences at the charter school leading to dismissal of a |
8 | teacher constitute adequate and independent grounds for |
9 | discipline under section 1122. |
10 | (2) No temporary employe or professional employe who is |
11 | leaving employment at a charter school shall be returned to a |
12 | position in the public school district which granted his leave |
13 | of absence until such public school district is in receipt of a |
14 | current criminal history record under section 111 and the |
15 | official clearance statement regarding child injury or abuse |
16 | from the Department of Public Welfare as required by 23 Pa.C.S. |
17 | Ch. 63 Subch. C.2 (relating to background checks for employment |
18 | in schools). |
19 | (i) All individuals who shall have direct contact with |
20 | students shall be required to submit a report of criminal |
21 | history record information as provided for in section 111 prior |
22 | to accepting a position with the charter school. This subsection |
23 | shall also apply to any individual who volunteers to work on a |
24 | full-time or part-time basis at the charter school. |
25 | (j) All applicants for a position as a school employe shall |
26 | be required to submit the official clearance statement regarding |
27 | child injury or abuse from the Department of Public Welfare as |
28 | required by 23 Pa.C.S. Ch. 63 Subch. C.2. This section shall |
29 | also apply to any individual who volunteers to work on a full- |
30 | time or part-time basis at a charter school.] |
|
1 | Section 3.11. Section 1725-A of the act, amended or added |
2 | June 19, 1997 (P.L.225, No.22), June 22, 2001 (P.L.530, No.35) |
3 | and June 29, 2002 (P.L.524, No.88), is repealed: |
4 | [Section 1725-A. Funding for Charter Schools.--(a) Funding |
5 | for a charter school shall be provided in the following manner: |
6 | (1) There shall be no tuition charge for a resident or |
7 | nonresident student attending a charter school. |
8 | (2) For non-special education students, the charter school |
9 | shall receive for each student enrolled no less than the |
10 | budgeted total expenditure per average daily membership of the |
11 | prior school year, as defined in section 2501(20), minus the |
12 | budgeted expenditures of the district of residence for nonpublic |
13 | school programs; adult education programs; community/junior |
14 | college programs; student transportation services; for special |
15 | education programs; facilities acquisition, construction and |
16 | improvement services; and other financing uses, including debt |
17 | service and fund transfers as provided in the Manual of |
18 | Accounting and Related Financial Procedures for Pennsylvania |
19 | School Systems established by the department. This amount shall |
20 | be paid by the district of residence of each student. |
21 | (3) For special education students, the charter school shall |
22 | receive for each student enrolled the same funding as for each |
23 | non-special education student as provided in clause (2), plus an |
24 | additional amount determined by dividing the district of |
25 | residence's total special education expenditure by the product |
26 | of multiplying the combined percentage of section 2509.5(k) |
27 | times the district of residence's total average daily membership |
28 | for the prior school year. This amount shall be paid by the |
29 | district of residence of each student. |
30 | (4) A charter school may request the intermediate unit in |
|
1 | which the charter school is located to provide services to |
2 | assist the charter school to address the specific needs of |
3 | exceptional students. The intermediate unit shall assist the |
4 | charter school and bill the charter school for the services. The |
5 | intermediate unit may not charge the charter school more for any |
6 | service than it charges the constituent districts of the |
7 | intermediate unit. |
8 | (5) Payments shall be made to the charter school in twelve |
9 | (12) equal monthly payments, by the fifth day of each month, |
10 | within the operating school year. A student enrolled in a |
11 | charter school shall be included in the average daily membership |
12 | of the student's district of residence for the purpose of |
13 | providing basic education funding payments and special education |
14 | funding pursuant to Article XXV. If a school district fails to |
15 | make a payment to a charter school as prescribed in this clause, |
16 | the secretary shall deduct the estimated amount, as documented |
17 | by the charter school, from any and all State payments made to |
18 | the district after receipt of documentation from the charter |
19 | school. |
20 | (6) Within thirty (30) days after the secretary makes the |
21 | deduction described in clause (5), a school district may notify |
22 | the secretary that the deduction made from State payments to the |
23 | district under this subsection is inaccurate. The secretary |
24 | shall provide the school district with an opportunity to be |
25 | heard concerning whether the charter school documented that its |
26 | students were enrolled in the charter school, the period of time |
27 | during which each student was enrolled, the school district of |
28 | residence of each student and whether the amounts deducted from |
29 | the school district were accurate. |
30 | (b) The Commonwealth shall provide temporary financial |
|
1 | assistance to a school district due to the enrollment of |
2 | students in a charter school who attended a nonpublic school in |
3 | the prior school year in order to offset the additional costs |
4 | directly related to the enrollment of those students in a public |
5 | charter school. The Commonwealth shall pay the school district |
6 | of residence of a student enrolled in a nonpublic school in the |
7 | prior school year who is attending a charter school an amount |
8 | equal to the school district of residence's basic education |
9 | subsidy for the current school year divided by the district's |
10 | average daily membership for the prior school year. This payment |
11 | shall occur only for the first year of the attendance of the |
12 | student in a charter school, starting with school year |
13 | 1997-1998. Total payments of temporary financial assistance to |
14 | school districts on behalf of a student enrolling in a charter |
15 | school who attended a nonpublic school in the prior school year |
16 | shall be limited to funds appropriated for this program in a |
17 | fiscal year. If the total of the amount needed for all students |
18 | enrolled in a nonpublic school in the prior school year who |
19 | enroll in a charter school exceeds the appropriation for the |
20 | temporary financial assistance program, the amount paid to a |
21 | school district for each qualifying student shall be pro rata |
22 | reduced. Receipt of funds under this subsection shall not |
23 | preclude a school district from applying for a grant under |
24 | subsection (c). |
25 | (c) The Commonwealth shall create a grant program to provide |
26 | temporary transitional funding to a school district due to the |
27 | budgetary impact relating to any student's first-year attendance |
28 | at a charter school. The department shall develop criteria which |
29 | shall include, but not be limited to, the overall fiscal impact |
30 | on the budget of the school district resulting from students of |
|
1 | a school district attending a charter school. The criteria shall |
2 | be published in the Pennsylvania Bulletin. This subsection shall |
3 | not apply to a public school converted to a charter school under |
4 | section 1717-A(b). Grants shall be limited to funds appropriated |
5 | for this purpose. |
6 | (d) It shall be lawful for any charter school to receive, |
7 | hold, manage and use, absolutely or in trust, any devise, |
8 | bequest, grant, endowment, gift or donation of any property, |
9 | real or personal and/or mixed, which shall be made to the |
10 | charter school for any of the purposes of this article. |
11 | (e) It shall be unlawful for any trustee of a charter school |
12 | or any board of trustees of a charter school or any other person |
13 | affiliated in any way with a charter school to demand or |
14 | request, directly or indirectly, any gift, donation or |
15 | contribution of any kind from any parent, teacher, employe or |
16 | any other person affiliated with the charter school as a |
17 | condition for employment or enrollment and/or continued |
18 | attendance of any pupil. Any donation, gift or contribution |
19 | received by a charter school shall be given freely and |
20 | voluntarily.] |
21 | Section 3.12. Section 1726-A of the act, amended July 11, |
22 | 2006 (P.L.1092, No.114) and July 9, 2008 (P.L.846, No.61), is |
23 | repealed: |
24 | [Section 1726-A. Transportation.--(a) Students who attend a |
25 | charter school located in their school district of residence, a |
26 | regional charter school of which the school district is a part |
27 | or a charter school located outside district boundaries at a |
28 | distance not exceeding ten (10) miles by the nearest public |
29 | highway shall be provided free transportation to the charter |
30 | school by their school district of residence on such dates and |
|
1 | periods that the charter school is in regular session whether or |
2 | not transportation is provided on such dates and periods to |
3 | students attending schools of the district. Transportation is |
4 | not required for elementary students, including kindergarten |
5 | students, residing within one and one-half (1.5) miles or for |
6 | secondary students residing within two (2) miles of the nearest |
7 | public highway from the charter school in which the students are |
8 | enrolled unless the road or traffic conditions are such that |
9 | walking constitutes a hazard to the safety of the students when |
10 | so certified by the Department of Transportation, except that if |
11 | the school district provides transportation to the public |
12 | schools of the school district for elementary students, |
13 | including kindergarten students, residing within one and one- |
14 | half (1.5) miles or for secondary students residing within two |
15 | (2) miles of the nearest public highway under nonhazardous |
16 | conditions, transportation shall also be provided to charter |
17 | schools under the same conditions. Districts providing |
18 | transportation to a charter school outside the district and, for |
19 | the 2007-2008 school year and each school year thereafter, |
20 | districts providing transportation to a charter school within |
21 | the district shall be eligible for payments under section 2509.3 |
22 | for each public school student transported. |
23 | (a.1) In addition to any other requirements in this section, |
24 | school districts of the first class shall provide transportation |
25 | to students who attend a charter school if they are the same age |
26 | or are enrolled in the same grade, grades or their grade |
27 | equivalents as any of the students of the school district for |
28 | whom transportation is provided under any program or policy to |
29 | the schools of the school district. |
30 | (b) In the event that the Secretary of Education determines |
|
1 | that a school district is not providing the required |
2 | transportation to students to the charter school, the Department |
3 | of Education shall pay directly to the charter school funds for |
4 | costs incurred in the transportation of its students. Payments |
5 | to a charter school shall be determined in the following manner: |
6 | for each eligible student transported, the charter school shall |
7 | receive a payment equal to the total expenditures for |
8 | transportation of the school district divided by the total |
9 | number of school students transported by the school district |
10 | under any program or policy. |
11 | (c) The department shall deduct the amount paid to the |
12 | charter school under subsection (b) from any and all payments |
13 | made to the district. |
14 | (d) A school district of the first class shall submit a copy |
15 | of its current transportation policy to the department no later |
16 | than August 1 of each year.] |
17 | Section 3.13. Sections 1727-A and 1728-A of the act, added |
18 | June 19, 1997 (P.L.225, No.22), are repealed: |
19 | [Section 1727-A. Tort Liability.--For purposes of tort |
20 | liability, employes of the charter school shall be considered |
21 | public employes and the board of trustees shall be considered |
22 | the public employer in the same manner as political subdivisions |
23 | and local agencies. The board of trustees of a charter school |
24 | and the charter school shall be solely liable for any and all |
25 | damages of any kind resulting from any legal challenge involving |
26 | the operation of a charter school. Notwithstanding this |
27 | requirement, the local board of directors of a school entity |
28 | shall not be held liable for any activity or operation related |
29 | to the program of the charter school. |
30 | Section 1728-A. Annual Reports and Assessments.--(a) The |
|
1 | local board of school directors shall annually assess whether |
2 | each charter school is meeting the goals of its charter and |
3 | shall conduct a comprehensive review prior to granting a five |
4 | (5) year renewal of the charter. The local board of school |
5 | directors shall have ongoing access to the records and |
6 | facilities of the charter school to ensure that the charter |
7 | school is in compliance with its charter and this act and that |
8 | requirements for testing, civil rights and student health and |
9 | safety are being met. |
10 | (b) In order to facilitate the local board's review and |
11 | secretary's report, each charter school shall submit an annual |
12 | report no later than August 1 of each year to the local board of |
13 | school directors and the secretary in the form prescribed by the |
14 | secretary. |
15 | (c) Five (5) years following the effective date of this |
16 | article, the secretary shall contract with an independent |
17 | professional consultant with expertise in public and private |
18 | education. The consultant shall receive input from members of |
19 | the educational community and the public on the charter school |
20 | program. The consultant shall submit a report to the secretary, |
21 | the Governor and the General Assembly and an evaluation of the |
22 | charter school program, which shall include a recommendation on |
23 | the advisability of the continuation, modification, expansion or |
24 | termination of the program and any recommendations for changes |
25 | in the structure of the program.] |
26 | Section 3.14. Section 1729-A of the act, amended or added |
27 | June 19, 1997 (P.L.225, No.22), July 4, 2004 (P.L.536, No.70) |
28 | and July 9, 2008 (P.L.846, No.61), is repealed: |
29 | [Section 1729-A. Causes for Nonrenewal or Termination.--(a) |
30 | During the term of the charter or at the end of the term of the |
|
1 | charter, the local board of school directors may choose to |
2 | revoke or not to renew the charter based on any of the |
3 | following: |
4 | (1) One or more material violations of any of the |
5 | conditions, standards or procedures contained in the written |
6 | charter signed pursuant to section 1720-A. |
7 | (2) Failure to meet the requirements for student performance |
8 | set forth in 22 Pa. Code Ch. 5 (relating to curriculum) or |
9 | subsequent regulations promulgated to replace 22 Pa. Code Ch. 5 |
10 | or failure to meet any performance standard set forth in the |
11 | written charter signed pursuant to section 1716-A. |
12 | (3) Failure to meet generally accepted standards of fiscal |
13 | management or audit requirements. |
14 | (4) Violation of provisions of this article. |
15 | (5) Violation of any provision of law from which the charter |
16 | school has not been exempted, including Federal laws and |
17 | regulations governing children with disabilities. |
18 | (6) The charter school has been convicted of fraud. |
19 | (a.1) When a charter school located in a school district of |
20 | the first class is in corrective action status and seeks renewal |
21 | of its charter, if the governing body of the school district of |
22 | the first class renews the charter, it may place specific |
23 | conditions in the charter that require the charter school to |
24 | meet specific student performance targets within stated periods |
25 | of time subject to the following: |
26 | (i) The performance targets and the periods of time in which |
27 | the performance targets must be met shall be reasonable. |
28 | (ii) The placement of conditions in a charter as specified |
29 | in this subsection shall not be considered an adjudication and |
30 | may not be appealed to the State Charter School Appeal Board. |
|
1 | (iii) If the charter school fails to meet the performance |
2 | targets within the stated period of time, such failure shall be |
3 | sufficient cause for revocation of the charter. |
4 | (b) A member of the board of trustees who is convicted of a |
5 | felony or any crime involving moral turpitude shall be |
6 | immediately disqualified from serving on the board of trustees. |
7 | (c) Any notice of revocation or nonrenewal of a charter |
8 | given by the local board of school directors of a school |
9 | district shall state the grounds for such action with reasonable |
10 | specificity and give reasonable notice to the governing board of |
11 | the charter school of the date on which a public hearing |
12 | concerning the revocation or nonrenewal will be held. The local |
13 | board of school directors shall conduct such hearing, present |
14 | evidence in support of the grounds for revocation or nonrenewal |
15 | stated in its notice and give the charter school reasonable |
16 | opportunity to offer testimony before taking final action. |
17 | Formal action revoking or not renewing a charter shall be taken |
18 | by the local board of school directors at a public meeting |
19 | pursuant to the act of July 3, 1986 (P.L.388, No.84), known as |
20 | the "Sunshine Act," after the public has had thirty (30) days to |
21 | provide comments to the board. All proceedings of the local |
22 | board pursuant to this subsection shall be subject to 2 Pa.C.S. |
23 | Ch. 5 Subch. B (relating to practice and procedure of local |
24 | agencies). Except as provided in subsection (d), the decision of |
25 | the local board shall not be subject to 2 Pa.C.S. Ch. 7 Subch. B |
26 | (relating to judicial review of local 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 |
|
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 |
|
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 3.15. Sections 1730-A and 1731-A of the act, added |
10 | June 19, 1997 (P.L.225, No.22), are repealed: |
11 | [Section 1730-A. Desegregation Orders.--The local board of |
12 | school directors of a school district which is operating under a |
13 | desegregation plan approved by the Pennsylvania Human Relations |
14 | Commission or a desegregation order by a Federal or State court |
15 | shall not approve a charter school application if such charter |
16 | school would place the school district in noncompliance with its |
17 | desegregation order. |
18 | Section 1731-A. Charter School Grants.--(a) The secretary |
19 | shall allocate grants for planning and start-up funding to |
20 | eligible applicants under section 1717-A from funds appropriated |
21 | for the implementation of this act. |
22 | (1) Planning grant applications shall be filed on a form and |
23 | by a date determined by the secretary. The amount of a grant may |
24 | vary depending on the size and scope of the planning needed by |
25 | the applicant. The application shall address the manner in which |
26 | the applicant plans to address the criteria established for |
27 | charter schools in sections 1715-A and 1717-A. |
28 | (2) Start-up funding grant applications shall be filed on a |
29 | form and by a date determined by the secretary. The applicant |
30 | for the charter school shall submit its application for a |
|
1 | charter when applying for the grant. A grant for start-up |
2 | funding may vary depending on the size and special |
3 | characteristics of the charter school. A start-up grant may be |
4 | used to meet the expenses of the charter school as established |
5 | in their charter and as authorized in the provisions of this |
6 | article. |
7 | (b) The applicant shall include a copy of a letter informing |
8 | the local board of school directors of the school district of |
9 | the application for the planning grant if the location of the |
10 | proposed charter school is known. An applicant receiving a |
11 | start-up funding grant shall notify the school district or |
12 | districts signing the charter of receipt of this grant.] |
13 | Section 3.16. Section 1732-A, Subdivision (c) heading and |
14 | sections 1741-A, 1742-A, 1743-A, 1744-A, 1745-A, 1746-A, 1747-A, |
15 | 1748-A, 1749-A, 1750-A and 1751-A of the act, amended or added |
16 | June 29, 2002 (P.L.524, No.88), are repealed: |
17 | [Section 1732-A. Provisions Applicable to Charter Schools.-- |
18 | (a) Charter schools shall be subject to the following: |
19 | Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443, |
20 | 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755, |
21 | 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301, 1310, |
22 | 1317, 1317.1, 1317.2, 1318, 1327, 1330, 1332, 1303-A, 1513, |
23 | 1517, 1518, 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and |
24 | Article XIV. |
25 | Act of July 17, 1961 (P.L.776, No.341), known as the |
26 | "Pennsylvania Fair Educational Opportunities Act." |
27 | Act of July 19, 1965 (P.L.215, No.116), entitled "An act |
28 | providing for the use of eye protective devices by persons |
29 | engaged in hazardous activities or exposed to known dangers in |
30 | schools, colleges and universities." |
|
1 | Section 4 of the act of January 25, 1966 (1965 P.L.1546, |
2 | No.541), entitled "An act providing scholarships and providing |
3 | funds to secure Federal funds for qualified students of the |
4 | Commonwealth of Pennsylvania who need financial assistance to |
5 | attend postsecondary institutions of higher learning, making an |
6 | appropriation, and providing for the administration of this |
7 | act." |
8 | Act of July 12, 1972 (P.L.765, No.181), entitled "An act |
9 | relating to drugs and alcohol and their abuse, providing for |
10 | projects and programs and grants to educational agencies, other |
11 | public or private agencies, institutions or organizations." |
12 | Act of December 15, 1986 (P.L.1595, No.175), known as the |
13 | "Antihazing Law." |
14 | (b) Charter schools shall be subject to the following |
15 | provisions of 22 Pa. Code: |
16 | Section 5.216 (relating to ESOL). |
17 | Section 5.4 (relating to general policies). |
18 | Chapter 11 (relating to pupil attendance). |
19 | Chapter 12 (relating to students). |
20 | Section 32.3 (relating to assurances). |
21 | Section 121.3 (relating to discrimination prohibited). |
22 | Section 235.4 (relating to practices). |
23 | Section 235.8 (relating to civil rights). |
24 | Chapter 711 (relating to charter school services and programs |
25 | for children with disabilities). |
26 | (c) (1) The secretary may promulgate additional regulations |
27 | relating to charter schools. |
28 | (2) The secretary shall have the authority and the |
29 | responsibility to ensure that charter schools comply with |
30 | Federal laws and regulations governing children with |
|
1 | disabilities. The secretary shall promulgate regulations to |
2 | implement this provision. |
3 | (c) Cyber Charter Schools. |
4 | Section 1741-A. Powers and duties of department. |
5 | (a) Powers and duties.--The department shall: |
6 | (1) Receive, review and act on applications for the |
7 | creation of a cyber charter school and have the power to |
8 | request further information from applicants, obtain input |
9 | from interested persons or entities and hold hearings |
10 | regarding applications. |
11 | (2) Renew the charter of cyber charter school and renew |
12 | the charter of a charter school approved under section 1717-A |
13 | or 1718-A which provides instruction through the Internet or |
14 | other electronic means. Upon renewal of a charter of a |
15 | charter school approved under section 1717-A or 1718-A, the |
16 | charter school shall qualify as a cyber charter school under |
17 | this subdivision and shall be subject to the provisions of |
18 | this subdivision. |
19 | (3) Revoke or deny renewal of a cyber charter school's |
20 | charter under the provisions of section 1729-A. |
21 | (i) Notwithstanding the provisions of section 1729- |
22 | A(i), when the department has revoked or denied renewal |
23 | of a charter, the cyber charter school shall be |
24 | dissolved. After the disposition of the liabilities and |
25 | obligations of the cyber charter school, any remaining |
26 | assets of the cyber charter school shall be given over to |
27 | the intermediate unit in which the cyber charter school's |
28 | administrative office was located for distribution to the |
29 | school districts in which the students enrolled in the |
30 | cyber charter school reside at the time of dissolution. |
|
1 | (ii) Notwithstanding any laws to the contrary, the |
2 | department may, after notice and hearing, take immediate |
3 | action to revoke a charter if: |
4 | (A) a material component of the student's |
5 | education as required under this subdivision is not |
6 | being provided; or |
7 | (B) the cyber charter school has failed to |
8 | maintain the financial ability to provide services as |
9 | required under this subdivision. |
10 | (4) Execute charters after approval. |
11 | (5) Develop forms, including the notification form under |
12 | section 1748-A(b), necessary to carry out the provisions of |
13 | this subdivision. |
14 | (b) Hearings.--Hearings conducted by the department shall be |
15 | conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings). |
16 | (c) Documents.--Documents of the appeal board shall be |
17 | subject to the act of June 21, 1957 (P.L.390, No.212), referred |
18 | to as the Right-to-Know Law. |
19 | Section 1742-A. Assessment and evaluation. |
20 | The department shall: |
21 | (1) Annually assess whether each cyber charter school is |
22 | meeting the goals of its charter and is in compliance with |
23 | the provisions of the charter and conduct a comprehensive |
24 | review prior to granting a five-year renewal of the charter. |
25 | (2) Annually review each cyber charter school's |
26 | performance on the Pennsylvania System of School Assessment |
27 | test, standardized tests and other performance indicators to |
28 | ensure compliance with 22 Pa. Code Ch. 4 (relating to |
29 | academic standards and assessment) or subsequent regulations |
30 | promulgated to replace 22 Pa. Code Ch. 4. |
|
1 | (3) Have ongoing access to all records, instructional |
2 | materials and student and staff records of each cyber charter |
3 | school and to every cyber charter school facility to ensure |
4 | the cyber charter school is in compliance with its charter |
5 | and this subdivision. |
6 | Section 1743-A. Cyber charter school requirements and |
7 | prohibitions. |
8 | (a) Special financial requirements prohibited.--A cyber |
9 | charter school shall not: |
10 | (1) provide discounts to a school district or waive |
11 | payments under section 1725-A for any student; |
12 | (2) except as provided for in subsection (e), provide |
13 | payments to parents or guardians for the purchase of |
14 | instructional materials; or |
15 | (3) except as compensation for the provision of specific |
16 | services, enter into agreements to provide funds to a school |
17 | entity. |
18 | (b) Enrollment.--A cyber charter school shall report to the |
19 | department an increase or a decrease of 30% or more in its |
20 | anticipated enrollment set forth in the application under |
21 | section 1747-A(11). |
22 | (c) School district.--A cyber charter school shall make |
23 | available upon request, either in writing or electronically, to |
24 | each student's school district of residence the following: |
25 | (1) A copy of the charter. |
26 | (2) A copy of the cyber charter school application. |
27 | (3) A copy of all annual reports prepared by the cyber |
28 | charter school. |
29 | (4) A list of all students from that school district |
30 | enrolled in the cyber charter school. |
|
1 | (d) Parent or guardian.--Upon request and prior to the |
2 | student's first day in a cyber charter school, the cyber charter |
3 | school shall, either in writing or electronically, provide to |
4 | the parent or guardian of a student the following: |
5 | (1) A list and brief description of the courses of |
6 | instruction the student will receive. The list shall be |
7 | updated annually for each grade level in which the student is |
8 | enrolled. |
9 | (2) A description of the lessons and activities to be |
10 | offered both online and offline. |
11 | (3) The manner in which attendance will be reported and |
12 | work will be authenticated. |
13 | (4) A list of all standardized tests the student will be |
14 | required to take during the school year and the place where |
15 | the test will be administered, if available. |
16 | (5) The meetings to be held during the school year |
17 | between a parent or guardian and a teacher and among other |
18 | school officials or parents or guardians and the manner in |
19 | which the parent or guardian will be notified of the time and |
20 | place for the meeting. |
21 | (6) The address of the cyber charter school and the |
22 | name, telephone number and e-mail address of the school |
23 | administrator and other school personnel. |
24 | (7) A list of any extracurricular activities provided by |
25 | the cyber charter school. |
26 | (8) The names of the student's teachers, if available, |
27 | and the manner in which each teacher can be contacted by the |
28 | student or the parent or guardian. |
29 | (9) A list of all services that will be provided to the |
30 | student by the cyber charter school. |
|
1 | (10) Copies of policies relating to computer security |
2 | and privacy, truancy, absences, discipline and withdrawal or |
3 | expulsion of students. |
4 | (11) Information on: |
5 | (i) The cyber charter school's professional staff, |
6 | including the number of staff personnel, their education |
7 | level and experience. |
8 | (ii) The cyber charter school's performance on the |
9 | PSSA and other standardized test scores. |
10 | (12) Information regarding the proper usage of equipment |
11 | and materials and the process for returning equipment and |
12 | materials supplied to the students by the cyber charter |
13 | school. A parent or guardian shall acknowledge, either in |
14 | writing or electronically, the receipt of this information. |
15 | (13) A description of the school calendar, including, |
16 | but not limited to, the time frame that will constitute a |
17 | school year and a school week, holidays and term breaks. |
18 | (e) Students.--For each student enrolled, a cyber charter |
19 | school shall: |
20 | (1) provide all instructional materials; |
21 | (2) provide all equipment, including, but not limited |
22 | to, a computer, computer monitor and printer; and |
23 | (3) provide or reimburse for all technology and services |
24 | necessary for the on-line delivery of the curriculum and |
25 | instruction. |
26 | The Commonwealth shall not be liable for any reimbursement owed |
27 | to students, parents or guardians by a cyber charter school |
28 | under paragraph (3). |
29 | (f) Annual report.--A cyber charter school shall submit an |
30 | annual report no later than August 1 of each year to the |
|
1 | department in the form prescribed by the department. |
2 | (g) Records and facilities.--A cyber charter school shall |
3 | provide the department with ongoing access to all records and |
4 | facilities necessary for the department to assess the cyber |
5 | charter school in accordance with the provisions of this |
6 | subdivision. |
7 | (h) Offices and facilities.--A cyber charter school shall |
8 | maintain an administrative office within this Commonwealth where |
9 | all student records shall be maintained at all times and shall |
10 | provide the department with the addresses of all offices and |
11 | facilities of the cyber charter school, the ownership thereof |
12 | and any lease arrangements. The administrative office of the |
13 | cyber charter school shall be considered as the principal place |
14 | of business for service of process for any action brought |
15 | against the cyber charter school or cyber charter school staff |
16 | members. The cyber charter school shall notify the department of |
17 | any changes in this information within ten days of the change. |
18 | (i) Applicable law.--Any action taken against the cyber |
19 | charter school, its successors or assigns or its employees, |
20 | including any cyber charter school staff member as defined in |
21 | the act of December 12, 1973 (P.L.397, No.141), known as the |
22 | Professional Educator Discipline Act, shall be governed by the |
23 | laws of this Commonwealth. If the department initiates an |
24 | investigation or pursues an action pursuant to the Professional |
25 | Educator Discipline Act involving any current or former charter |
26 | school staff member outside this Commonwealth, any reasonable |
27 | expenses incurred by the department in such investigation or |
28 | action shall be paid by the cyber charter school which employed |
29 | that staff member at the time of the alleged misconduct. |
30 | Section 1744-A. School district and intermediate unit |
|
1 | responsibilities. |
2 | An intermediate unit or a school district in which a student |
3 | enrolled in a cyber charter school resides shall do all of the |
4 | following: |
5 | (1) Provide the cyber charter school within ten days of |
6 | receipt of the notice of the admission of the student under |
7 | section 1748-A(a) with all records relating to the student, |
8 | including transcripts, test scores and a copy of any |
9 | individualized education program for that student. |
10 | (2) Provide the cyber charter school with reasonable |
11 | access to its facilities for the administration of |
12 | standardized tests required under this subdivision. |
13 | (3) Upon request, provide assistance to the cyber |
14 | charter school in the delivery of services to a student with |
15 | disabilities. The school district or intermediate unit shall |
16 | not charge the cyber charter school more for a service than |
17 | it charges a school district. |
18 | (4) Make payments to the cyber charter school under |
19 | section 1725-A. |
20 | Section 1745-A. Establishment of cyber charter school. |
21 | (a) Establishment.--A cyber charter school may be |
22 | established by an individual; one or more teachers who will |
23 | teach at the proposed cyber charter school; parents or guardians |
24 | of students who will enroll in the cyber charter school; a |
25 | nonsectarian college, university or museum located in this |
26 | Commonwealth; a nonsectarian corporation not-for-profit as |
27 | defined in 15 Pa.C.S. § 5103 (relating to definitions); a |
28 | corporation, association or partnership; or any combination of |
29 | the foregoing. Section 1327.1 shall not apply to a cyber charter |
30 | school established under this subdivision. |
|
1 | (b) Sectarian entities.--No cyber charter school shall be |
2 | established or funded by and no charter shall be granted to a |
3 | sectarian school, institution or other entity. |
4 | (c) Attendance.--Attendance at a cyber charter school shall |
5 | satisfy requirements for compulsory attendance. |
6 | (d) Application.--An application to establish a cyber |
7 | charter school shall be submitted to the department by October 1 |
8 | of the school year preceding the school year in which the cyber |
9 | charter school proposes to commence operation. |
10 | (e) Grant or denial.--Within 120 days of receipt of an |
11 | application, the department shall grant or deny the application. |
12 | The department shall review the application and shall hold at |
13 | least one public hearing under 65 Pa.C.S. Ch. 7 (relating to |
14 | open meetings). At least 30 days prior to the hearing, the |
15 | department shall publish in the Pennsylvania Bulletin and on the |
16 | department's World Wide Web site notice of the hearing and the |
17 | purpose of the application. |
18 | (f) Evaluation criteria.-- |
19 | (1) A cyber charter school application submitted under |
20 | this subdivision shall be evaluated by the department based |
21 | on the following criteria: |
22 | (i) The demonstrated, sustainable support for the |
23 | cyber charter school plan by teachers, parents or |
24 | guardians and students. |
25 | (ii) The capability of the cyber charter school |
26 | applicant, in terms of support and planning, to provide |
27 | comprehensive learning experiences to students under the |
28 | charter. |
29 | (iii) The extent to which the programs outlined in |
30 | the application will enable students to meet the academic |
|
1 | standards under 22 Pa. Code Ch. 4 (relating to academic |
2 | standards and assessment) or subsequent regulations |
3 | promulgated to replace 22 Pa. Code Ch. 4. |
4 | (iv) The extent to which the application meets the |
5 | requirements of section 1747-A. |
6 | (v) The extent to which the cyber charter school may |
7 | serve as a model for other public schools. |
8 | (2) Written notice of the action of the department shall |
9 | be sent by certified mail to the applicant and published on |
10 | the department's World Wide Web site. If the application is |
11 | denied, the reasons for denial, including a description of |
12 | deficiencies in the application, shall be clearly stated in |
13 | the notice. |
14 | (3) Upon approval of a cyber charter school application, |
15 | a written charter shall be developed which shall contain the |
16 | provisions of the charter application and be signed by the |
17 | secretary and each member of the board of trustees of the |
18 | cyber charter school. The charter, when duly signed, shall |
19 | act as legal authorization of the establishment of a cyber |
20 | charter school. The charter shall be legally binding on the |
21 | department, the cyber charter school and its board of |
22 | trustees. The charter shall be for a period of no less than |
23 | three years nor more than five years and may be renewed for a |
24 | period of five years by the department. |
25 | (4) The decision of the department to deny an |
26 | application may be appealed to the appeal board. |
27 | (g) Denied application.--A cyber charter school applicant |
28 | may revise and resubmit a denied application to the department. |
29 | The department shall grant or deny the revised application |
30 | within 60 days after its receipt. |
|
1 | (h) Appeal.--If the department fails to hold the required |
2 | public hearing or to approve or disapprove the charter, the |
3 | applicant may file its application as an appeal to the appeal |
4 | board. The appeal board shall review the application and make a |
5 | decision to approve or disapprove the charter based on the |
6 | criteria in subsection (f). |
7 | Section 1746-A. State Charter School Appeal Board review. |
8 | (a) Jurisdiction.--The appeal board shall have the exclusive |
9 | review of an appeal by a cyber charter school applicant or by |
10 | the board of trustees of a cyber charter school on the decisions |
11 | of the department, including: |
12 | (1) The denial of an application for a charter. |
13 | (2) The denial of a renewal of a charter. |
14 | (3) The revocation of a charter. |
15 | (4) An appeal under section 1745-A(h). |
16 | (b) Procedure.--The appeal board shall: |
17 | (1) Review the decision made by the department under |
18 | subsection (a) on the record as certified by the department. |
19 | The secretary shall recuse himself from all cyber charter |
20 | school appeals and shall not participate in a hearing, |
21 | deliberation or vote on a cyber charter school appeal. The |
22 | appeal board may allow the department, the cyber charter |
23 | school applicant or the board of trustees of a cyber charter |
24 | school to supplement the record if the supplemental |
25 | information was previously unavailable. |
26 | (2) Meet to officially review the certified record no |
27 | later than 30 days after the date of filing the appeal. |
28 | (3) Issue a written decision affirming or denying the |
29 | appeal no later than 60 days following its review. |
30 | (4) In the case of a decision by the department to deny |
|
1 | a cyber charter application, make its decision based on |
2 | section 1745-A(f)(1). A decision by the appeal board to |
3 | reverse the decision of the department and grant a charter |
4 | shall serve as a requirement for the secretary to sign the |
5 | written charter of the cyber charter school. |
6 | (5) In the case of a decision by the department to |
7 | revoke or deny renewal of a cyber school charter in |
8 | accordance with section 1741-A(a)(3), make its decision based |
9 | on section 1729-A(a). A decision of the appeal board to |
10 | reverse the decision of the department to not revoke or deny |
11 | renewal of a charter shall serve as a requirement of the |
12 | department to not revoke or to not deny renewal of the |
13 | charter of the cyber charter school. |
14 | (c) Stay.--If the department appeals the decision of the |
15 | appeal board, the appeal board's decision shall be stayed only |
16 | upon order of the appeal board, the Commonwealth Court or the |
17 | Pennsylvania Supreme Court. |
18 | (d) Review.--All decisions of the appeal board shall be |
19 | subject to appellate review by the Commonwealth Court. |
20 | Section 1747-A. Cyber charter school application. |
21 | In addition to the provisions of section 1719-A, an |
22 | application to establish a cyber charter school shall also |
23 | include the following: |
24 | (1) The curriculum to be offered and how it meets the |
25 | requirements of 22 Pa. Code Ch. 4 (relating to academic |
26 | standards and assessment) or subsequent regulations |
27 | promulgated to replace 22 Pa. Code Ch. 4. |
28 | (2) The number of courses required for elementary and |
29 | secondary students. |
30 | (3) An explanation of the amount of on-line time |
|
1 | required for elementary and secondary students. |
2 | (4) The manner in which teachers will deliver |
3 | instruction, assess academic progress and communicate with |
4 | students to provide assistance. |
5 | (5) A specific explanation of any cooperative learning |
6 | opportunities, meetings with students, parents and guardians, |
7 | field trips or study sessions. |
8 | (6) The technology, including types of hardware and |
9 | software, equipment and other materials which will be |
10 | provided by the cyber charter school to the student. |
11 | (7) A description of how the cyber charter school will |
12 | define and monitor a student's school day, including the |
13 | delineation of on-line and off-line time. |
14 | (8) A description of commercially prepared standardized |
15 | achievement tests that will be used by the cyber charter |
16 | school in addition to the Pennsylvania System of School |
17 | Assessment test, including the grade levels that will be |
18 | tested and how the data collected from the tests will be used |
19 | to improve instruction. |
20 | (9) The technical support that will be available to |
21 | students and parents or guardians. |
22 | (10) The privacy and security measures to ensure the |
23 | confidentiality of data gathered online. |
24 | (11) The level of anticipated enrollment during each |
25 | school year of the proposed charter, including expected |
26 | increases due to the addition of grade levels. |
27 | (12) The methods to be used to insure the authenticity |
28 | of student work and adequate proctoring of examinations. |
29 | (13) The provision of education and related services to |
30 | students with disabilities, including evaluation and the |
|
1 | development and revision of individualized education |
2 | programs. |
3 | (14) Policies regarding truancy, absences and withdrawal |
4 | of students, including the manner in which the cyber charter |
5 | school will monitor attendance consistent with the provisions |
6 | of section 1715-A(9). |
7 | (15) The types and frequency of communication between |
8 | the cyber charter school and the student and the manner in |
9 | which the cyber charter school will communicate with parents |
10 | and guardians. |
11 | (16) The addresses of all facilities and offices of the |
12 | cyber charter school, the ownership thereof and any lease |
13 | arrangements. |
14 | Section 1748-A. Enrollment and notification. |
15 | (a) Notice to school district.-- |
16 | (1) Within 15 days of the enrollment of a student to a |
17 | cyber charter school, the parent or guardian and the cyber |
18 | charter school shall notify the student's school district of |
19 | residence of the enrollment through the use of the |
20 | notification form under subsection (b). |
21 | (2) If a school district which has received notice under |
22 | paragraph (1) determines that a student is not a resident of |
23 | the school district, the following apply: |
24 | (i) Within seven days of receipt of the notice under |
25 | paragraph (1), the school district shall notify the cyber |
26 | charter school and the department that the student is not |
27 | a resident of the school district. Notification of |
28 | nonresidence shall include the basis for the |
29 | determination. |
30 | (ii) Within seven days of notification under |
|
1 | subparagraph (i), the cyber charter school shall review |
2 | the notification of nonresidence, respond to the school |
3 | district and provide a copy of the response to the |
4 | department. If the cyber charter school agrees that a |
5 | student is not a resident of the school district, it |
6 | shall determine the proper district of residence of the |
7 | student before requesting funds from another school |
8 | district. |
9 | (iii) Within seven days of receipt of the response |
10 | under subparagraph (ii), the school district shall notify |
11 | the cyber charter school that it agrees with the cyber |
12 | charter school's determination or does not agree with the |
13 | cyber charter school's determination. |
14 | (iv) A school district that has notified the cyber |
15 | charter school that it does not agree with the cyber |
16 | charter school's determination under subparagraph (iii) |
17 | shall appeal to the department for a final determination. |
18 | (v) All decisions of the department regarding the |
19 | school district of residence of a student shall be |
20 | subject to review by the Commonwealth Court. |
21 | (vi) A school district shall continue to make |
22 | payments to a cyber charter school under section 1725-A |
23 | during the time in which the school district of residence |
24 | of a student is in dispute. |
25 | (vii) If a final determination is made that a |
26 | student is not a resident of an appealing school |
27 | district, the cyber charter school shall return all funds |
28 | provided on behalf of that student to the school district |
29 | within 30 days. |
30 | (b) Notification form.--The department shall develop a |
|
1 | notification form for use under subsection (a). The notification |
2 | shall include: |
3 | (1) The name, home address and mailing address of the |
4 | student. |
5 | (2) The grade in which the student is being enrolled. |
6 | (3) The date the student will be enrolled. |
7 | (4) The name and address of the cyber charter school and |
8 | the name and telephone number of a contact person able to |
9 | provide information regarding the cyber charter school. |
10 | (5) The signature of the parent or guardian and an |
11 | authorized representative of the cyber charter school. |
12 | (c) Withdrawal.--The cyber charter school and the parent or |
13 | guardian of a student enrolled in a cyber charter school shall |
14 | provide written notification to the student's school district of |
15 | residence within 15 days following the withdrawal of a student |
16 | from the cyber charter school. |
17 | Section 1749-A. Applicability of other provisions of this |
18 | act and of other acts and regulations. |
19 | (a) General requirements.--Cyber charter schools shall be |
20 | subject to the following: |
21 | (1) Sections 108, 110, 111, 321, 325, 326, 327, 431, |
22 | 436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777, |
23 | 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301, |
24 | 1302, 1310, 1317.2, 1318, 1330, 1332, 1303-A, 1518, 1521, |
25 | 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A, |
26 | 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A, |
27 | 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and 2014-A and |
28 | Articles XII-A, XIII-A and XIV. |
29 | (2) The act of July 17, 1961 (P.L.776, No.341), known as |
30 | the Pennsylvania Fair Educational Opportunities Act. |
|
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.--Cyber charter 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 pupil attendance). |
24 | (3) Chapter 12 (relating to students). |
25 | (4) Section 32.3 (relating to assurances). |
26 | (5) Section 121.3 (relating to discrimination |
27 | prohibited). |
28 | (6) Section 235.4 (relating to practices). |
29 | (7) Section 235.8 (relating to civil rights). |
30 | (8) Chapter 711 (relating to charter school services and |
|
1 | programs for children with disabilities). |
2 | (c) Existing charter schools.-- |
3 | (1) The charter of a charter school approved under |
4 | section 1717-A or 1718-A which provides instruction through |
5 | the Internet or other electronic means shall remain in effect |
6 | for the duration of the charter and shall be subject to the |
7 | provisions of Subdivision (b). |
8 | (2) In addition to subsections (a) and (b), the |
9 | following provisions of this subdivision shall apply to a |
10 | charter school approved under section 1717-A or 1718-A which |
11 | provides instruction through the Internet or other electronic |
12 | means: |
13 | (i) Section 1743-A(c), (d), (e), (h) and (i). |
14 | (ii) Section 1744-A. |
15 | (iii) Section 1748-A. |
16 | Section 1750-A. Effect on certain existing charter schools. |
17 | (a) Determination.--For a charter school approved under |
18 | section 1717-A or 1718-A which provides instruction through the |
19 | Internet or other electronic means, prior to August 15, 2002, |
20 | the department shall determine: |
21 | (1) whether the charter school is in compliance with |
22 | this subdivision; |
23 | (2) whether the charter school has provided notification |
24 | of the enrollment of each existing student to the school |
25 | district of residence; and |
26 | (3) how the charter school plans to comply with section |
27 | 1743-A(d). |
28 | (b) Notification of compliance.--Prior to August 15, 2002, |
29 | the department shall: |
30 | (1) Notify each charter school and the chartering school |
|
1 | district of the department's determination under subsection |
2 | (a). The notification shall include specific requirements |
3 | with which the charter school has failed to comply. |
4 | (2) Publish a copy of the notification on the |
5 | department's World Wide Web site. |
6 | (c) Charter school requirement.--A charter school subject to |
7 | the requirements of this section shall, either in writing or |
8 | electronically, provide the parent or guardian of any student |
9 | enrolled in the charter school a copy of the department's |
10 | determination under subsection (b). |
11 | (d) School districts.--A school district shall not renew the |
12 | charter of a charter school approved under section 1717-A or |
13 | 1718-A which provides instruction through the Internet or other |
14 | electronic means or approve a charter for a cyber charter |
15 | school. |
16 | (e) Renewal of charter for certain existing charter |
17 | schools.--Upon the expiration of its charter, a charter school |
18 | approved under section 1717-A or 1718-A which provides |
19 | instruction through the Internet or other electronic means shall |
20 | seek renewal of its charter from the department under this |
21 | subdivision. The charter shall be amended as needed to reflect |
22 | the requirements of this subdivision. |
23 | Section 1751-A. Regulations. |
24 | The department may issue regulations to implement this |
25 | subdivision.] |
26 | Section 4. The act is amended by adding an article to read: |
27 | ARTICLE XVII-C |
28 | CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS |
29 | SUBARTICLE A |
30 | PRELIMINARY PROVISIONS |
|
1 | Section 1701-C. Scope of article. |
2 | This article relates to charter schools and cyber charter |
3 | schools. |
4 | Section 1702-C. Legislative intent. |
5 | It is the intent of the General Assembly to provide pupils |
6 | and community members the ability to establish and maintain |
7 | schools that operate independently from the existing school |
8 | district structure as a method to accomplish all of the |
9 | following: |
10 | (1) Improve pupil learning. |
11 | (2) Increase learning opportunities for all pupils. |
12 | (3) Encourage the use of different and innovative |
13 | teaching methods. |
14 | (4) Create new professional opportunities for teachers, |
15 | including the opportunity to be responsible for the learning |
16 | program at the school site. |
17 | (5) Provide parents and pupils with expanded choices in |
18 | the types of educational opportunities that are available |
19 | within the public school system. |
20 | (6) Hold the schools established under this article |
21 | accountable for meeting measurable academic standards and |
22 | provide the school with a method to establish accountability |
23 | systems. |
24 | Section 1703-C. Definitions. |
25 | The following words and phrases when used in this article |
26 | shall have the meanings given to them in this section unless the |
27 | context clearly indicates otherwise: |
28 | "Administrator." The term includes those employees of a |
29 | charter school or cyber charter school, including the chief |
30 | administrator of a charter school or cyber charter school and |
|
1 | all other employees, who by virtue of their positions are |
2 | responsible for taking or recommending official action of a |
3 | nonministerial nature with regard to contracting or procurement, |
4 | administering or monitoring grants or subsidies, managing or |
5 | regulating staff, student and school activities or any activity |
6 | where the official action has an economic impact of greater than |
7 | a de minimis nature on the interests of any person. |
8 | "At-risk student." A student at risk of educational failure |
9 | because of limited English proficiency, poverty, community |
10 | factors, truancy, academic difficulties or economic |
11 | disadvantage. |
12 | "Authorizer." The commission, a local board of school |
13 | directors or a governing board of an institution of higher |
14 | education that meets the requirements of section 1718-C(d)(1) |
15 | (iii). |
16 | "Charter school." An independent public school established |
17 | and operated under a charter from an authorizer and in which |
18 | students are enrolled or attend. A charter school must be |
19 | organized as a public, nonprofit corporation. A charter may not |
20 | be granted to any for-profit entity. |
21 | "Charter school foundation." A nonprofit organization, as |
22 | defined under section 501(c)(3) of the Internal Revenue Code of |
23 | 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), that provides |
24 | funding, resources or otherwise serves to support a charter |
25 | school or cyber charter school, either directly or through an |
26 | affiliated entity. |
27 | "Chief administrator." An individual appointed by the board |
28 | of trustees to oversee and manage the operation of the charter |
29 | school or cyber charter school. The term shall not include a |
30 | professional staff member under this article. |
|
1 | "Commission." The State Commission on Charter Schools and |
2 | Cyber Charter Schools. |
3 | "Committee." The Charter School and Cyber Charter School |
4 | Funding Advisory Committee. |
5 | "Cyber charter school." An independent public school |
6 | established and operated under a charter from the commission and |
7 | which uses technology in order to provide a significant portion |
8 | of its curriculum and to deliver a significant portion of |
9 | instruction to its students through the Internet or other |
10 | electronic means. A cyber charter school must be organized as a |
11 | public, nonprofit corporation. A charter may not be granted to |
12 | any for-profit entity. |
13 | "Department." The Department of Education of the |
14 | Commonwealth. |
15 | "Educational management service provider." A for-profit |
16 | education management organization, nonprofit charter management |
17 | organization, school design provider, business manager or any |
18 | other partner entity with which a charter school or cyber |
19 | charter school intends to contract for educational design, |
20 | implementation, business or comprehensive management. The term |
21 | does not include a charter school foundation. |
22 | "Fund." The State Charter School and Cyber Charter School |
23 | Assessment Fund. |
24 | "Governing board." The board of trustees or council of |
25 | trustees of an institution of higher education. |
26 | "History of extraordinarily low test performance." A |
27 | combined average of 60% or more of students scoring in the |
28 | bottom measured group of 25% or below basic level of performance |
29 | on the Pennsylvania System of School Assessment tests under 22 |
30 | Pa. Code Ch. 4 (relating to academic standards and assessment) |
|
1 | in mathematics and reading in the most recent two school years |
2 | for which scores are available in those grades that have been |
3 | served for three years or more by the charter school or cyber |
4 | charter school. |
5 | "Immediate family member." A parent, spouse, child, brother |
6 | or sister. |
7 | "Institution of higher education." Any of the following: |
8 | (1) A nonsectarian accredited college or university to |
9 | which 24 Pa.C.S. Ch. 65 (relating to private colleges, |
10 | universities and seminaries) applies. |
11 | (2) An institution under Article XX-A. |
12 | (3) A community college under Article XIX-A. |
13 | "Local board of school directors." The board of directors of |
14 | a school district in which a proposed or an approved charter |
15 | school is located. The term shall include a special board of |
16 | control established under section 692 or a School Reform |
17 | Commission established under section 696. |
18 | "Nonrelated." An individual who is not an immediate family |
19 | member. |
20 | "Regional charter school." An independent public school that |
21 | is a charter school established and operated under a charter |
22 | from more than one authorizer and in which students are enrolled |
23 | or attend. A regional charter school must be organized as a |
24 | public, nonprofit corporation. A charter may not be granted to |
25 | any for-profit entity. |
26 | "School district of residence." The school district in this |
27 | Commonwealth in which the parents or guardians of a child |
28 | reside. |
29 | "School entity." A school district, intermediate unit, joint |
30 | school or area vocational-technical school. |
|
1 | "Secretary." The Secretary of Education of the Commonwealth. |
2 | "State board." The State Board of Education of the |
3 | Commonwealth. |
4 | Section 1704-C. State Commission on Charter Schools and Cyber |
5 | Charter Schools. |
6 | (a) Establishment.--The State Commission on Charter Schools |
7 | and Cyber Charter Schools is established as an independent |
8 | administrative commission. |
9 | (b) Composition.--The commission shall consist of citizens |
10 | of this Commonwealth who shall be appointed as follows: |
11 | (1) Three members who shall be appointed by the Governor |
12 | by and with the consent of a majority of all of the members |
13 | of the Senate. The members shall include: |
14 | (i) A member of the State board. |
15 | (ii) A faculty member or administrative employee of |
16 | an institution of higher education. |
17 | (iii) A school board member. |
18 | (2) Four members who shall be appointed by the General |
19 | Assembly as follows: |
20 | (i) The majority leader of the Senate shall appoint |
21 | an administrator or board of trustee member of a charter |
22 | school or cyber charter school. |
23 | (ii) The minority leader of the Senate shall appoint |
24 | a certificated teacher actively employed in a public |
25 | school, including a charter school or cyber charter |
26 | school. |
27 | (iii) The majority leader of the House of |
28 | Representatives shall appoint a member of the business |
29 | community. |
30 | (iv) The minority leader of the House of |
|
1 | Representatives shall appoint a parent of a school-aged |
2 | child currently enrolled in a charter or cyber charter |
3 | school, who shall be eligible to serve only so long as |
4 | the child is attending the charter school or cyber |
5 | charter school. |
6 | (c) Terms.-- |
7 | (1) The members initially appointed by the Governor |
8 | shall serve for terms of two, three and four years, |
9 | respectively, the particular term of each to be designated by |
10 | the Governor at the time of appointment. |
11 | (2) (i) Except for subparagraph (ii), the members |
12 | initially appointed by the General Assembly under |
13 | subsection (b)(2)(i), (ii) and (iii) shall serve for |
14 | terms of four years and the terms of those members' |
15 | successors shall be four years each. |
16 | (ii) Any person appointed to fill a vacancy for a |
17 | member appointed under subsection (b)(2)(i), (ii) and |
18 | (iii) shall serve only for the unexpired term or until a |
19 | successor is appointed and qualified. |
20 | (iii) A member appointed under subsection (b)(2)(iv) |
21 | shall serve a term of four years as long as the member's |
22 | child remains enrolled in the charter school or cyber |
23 | charter school. The term for that member's successor |
24 | shall be subject to the same condition. |
25 | (3) Any appointed member of the commission shall be |
26 | eligible for reappointment. |
27 | (4) Annually at the first meeting held during the |
28 | calendar year, the members shall elect one of the members to |
29 | serve as chairperson. |
30 | (d) Meetings.--The commission shall meet as needed to |
|
1 | fulfill the purposes provided under this section. A majority of |
2 | the members of the commission shall constitute a quorum, and a |
3 | majority of the members of the commission shall have authority |
4 | to act upon any matter properly before the commission. The |
5 | commission is authorized to establish rules for its operation. |
6 | (e) Compensation.--The members shall receive no payment for |
7 | their services. Members who are not employees of State |
8 | government shall be reimbursed from the fund for expenses |
9 | incurred in the course of their official duties. |
10 | (f) Executive director.--An executive director shall be |
11 | appointed by the members of the commission. The executive |
12 | director shall be paid compensation as the commission may |
13 | determine. The executive director may employ personnel and |
14 | contract for consulting services as may be necessary and |
15 | authorized to carry out the purposes of this article if the |
16 | services are procured through a competitive bidding process. |
17 | Staff of the commission, other than the executive director, |
18 | shall be employed in accordance with the act of August 5, 1941 |
19 | (P.L.752, No.286), known as the Civil Service Act. |
20 | (g) Open meetings and documents.--Meetings of the commission |
21 | shall be conducted under 65 Pa.C.S. Ch. 7 (relating to open |
22 | meetings) and all hearings shall be conducted in accordance with |
23 | 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of |
24 | Commonwealth agencies). Documents of the commission shall be |
25 | subject to the act of February 14, 2008 (P.L.6, No.3), known as |
26 | the Right-to-Know Law. |
27 | (h) Powers and duties.--The commission shall have the |
28 | following powers and duties: |
29 | (1) Implement the provisions of this article and |
30 | promulgate regulations. |
|
1 | (2) Serve as an authorizer for charter schools and cyber |
2 | charter schools. |
3 | (3) Collect, develop and disseminate information, |
4 | policies, strategies and best practices for the effective |
5 | management and operation of charter schools and cyber charter |
6 | schools. |
7 | (4) Provide technical support and assistance to charter |
8 | schools, cyber charter schools and authorizers, including |
9 | mentoring and building collaborative partnerships within the |
10 | community, the authorizer and the charter school. |
11 | (5) Identify model charter school and cyber charter |
12 | school applications and provide best practices. |
13 | (6) Collaborate with intermediate units and other |
14 | entities to make continuing education training and |
15 | professional development available for members of the board |
16 | of trustees, administrators, faculty and staff of a charter |
17 | school or cyber charter school. |
18 | (7) Develop and issue standardized forms that shall be |
19 | used by all applicants, authorizers, charter schools and |
20 | cyber charter schools as required under sections 1721-C, |
21 | 1726-C, 1731-C and 1735-C. |
22 | (8) Receive, review and act on applications for the |
23 | creation of a charter school or a cyber charter school and |
24 | have the power to request further information from |
25 | applicants, obtain input from interested persons or entities |
26 | and hold hearings regarding applications. |
27 | (9) Direct all authorizers, charter schools and cyber |
28 | charter schools to submit an annual report to the commission |
29 | no later than September 1 of each year and to publish the |
30 | same on the commission's Internet website on an annual basis. |
|
1 | (10) Oversee the performance and effectiveness of all |
2 | charter schools and cyber charter schools. |
3 | (11) Refer to the district attorney with jurisdiction or |
4 | to the Office of Attorney General for prosecution if the |
5 | commission discovers or receives information about possible |
6 | violations of law by any person affiliated with or employed |
7 | by an authorizer, charter school or cyber charter school. |
8 | (12) Fix assessment fees as required under section |
9 | 1705-C. |
10 | (13) Renew, revoke or deny renewal of a charter school |
11 | or cyber charter school's charter under section 1723-C. |
12 | (14) Review appeals and render decisions under section |
13 | 1724-C. |
14 | (15) Oversee and enforce the timely payment to charter |
15 | schools and cyber charter schools as required under section |
16 | 1728-C. |
17 | (16) Provide a list of approved qualified independent |
18 | certified public accountants to conduct independent audits as |
19 | required under section 1731-C. |
20 | (17) Ensure that charter schools and cyber charter |
21 | schools comply with Federal laws and regulations governing |
22 | children with disabilities. |
23 | (18) Receive, review and act on charter school transfers |
24 | under section 1734-C(c). |
25 | (19) Receive, review and act on multiple charter school |
26 | organization requests under section 1735-C. |
27 | Section 1705-C. State Charter School and Cyber Charter School |
28 | Assessment Fund. |
29 | (a) Establishment.--There is established the State Charter |
30 | School and Cyber Charter School Assessment Fund within the State |
|
1 | Treasury. |
2 | (b) Funding.-- |
3 | (1) Funding for the commission shall be sought each year |
4 | through Federal and nonprofit grants. To the extent that |
5 | additional revenues to fund the commission are necessary, |
6 | each charter school and cyber charter school shall be |
7 | assessed an annual fee for the purposes of financing the |
8 | commission. The fee shall be assessed based on the charter |
9 | school or cyber charter school's student population not to |
10 | exceed the following: |
11 | 1 to 399 students............... | $2,500 | 12 | 400 to 999 students............. | $5,000 | 13 | 1,000 to 4,999 students......... | $10,000 | 14 | More than 5,000 students........ | $15,000. |
|
15 | (2) The commission shall file a proposed budget annually |
16 | with the Appropriations Committee of the Senate and the |
17 | Appropriations Committee of the House of Representatives and |
18 | the Education Committee of the Senate and the Education |
19 | Committee of the House of Representatives. If the revenues |
20 | generated by fees in accordance with this article are not |
21 | sufficient to match expenditures over a two-year period or |
22 | are inadequate to meet the minimum enforcement efforts |
23 | required, the commission may set additional fees by |
24 | regulation in accordance with the index provided for under |
25 | the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), |
26 | known as the Taxpayer Relief Act, and subject to review in |
27 | accordance with the act of June 25, 1982 (P.L.633, No.181), |
28 | known as the Regulatory Review Act, so that projected |
29 | revenues will meet or exceed projected expenditures. |
30 | (c) Fees.--Fees shall be collected annually and deposited |
|
1 | within the fund. Money in the fund is appropriated to the |
2 | commission on a continuing basis for the purposes of fulfilling |
3 | the requirements of this article. |
4 | Section 1706-C. Charter School and Cyber Charter School Funding |
5 | Advisory Committee. |
6 | (a) Convention.-- |
7 | (1) The department shall immediately convene a Statewide |
8 | advisory committee to examine the financing of charter |
9 | schools and cyber charter schools in the public education |
10 | system. The committee shall examine how charter school and |
11 | cyber charter school finances affect opportunities for |
12 | teachers, parents, pupils and community members to establish |
13 | and maintain schools that operate independently from the |
14 | existing school district structure as a method to accomplish |
15 | the requirements of section 1702-C. The department shall |
16 | provide administrative support, meeting space and any other |
17 | assistance required by the committee to carry out its duties |
18 | under this section. |
19 | (2) The committee shall consist of the following |
20 | members: |
21 | (i) The chairman and minority chairman of the |
22 | Education Committee of the Senate and the chairman and |
23 | the minority chairman of the Education Committee of the |
24 | House of Representatives or their designees. |
25 | (ii) The secretary or a designee. |
26 | (iii) The chairman of the State board or a designee. |
27 | (iv) The following members, who shall be appointed |
28 | by the secretary: |
29 | (A) One member who shall represent charter |
30 | schools. |
|
1 | (B) One member who shall represent cyber charter |
2 | schools. |
3 | (C) One member who shall represent teachers, who |
4 | may be a public school teacher, a charter school |
5 | teacher, a cyber charter school teacher or a |
6 | nonpublic school teacher. |
7 | (D) One member who shall represent school |
8 | administrators. |
9 | (E) One member who shall represent school board |
10 | members. |
11 | (F) One member who shall represent a business |
12 | manager of a school district. |
13 | (G) One member who shall represent a parent of a |
14 | child attending a charter school or cyber charter |
15 | school. |
16 | (H) Two members who shall represent institutions |
17 | of higher education. |
18 | (3) Members of the committee shall be appointed within |
19 | 45 days of the effective date of this section. Any vacancy on |
20 | the committee shall be filled by the original appointing |
21 | officer or agency. The committee shall select a chairman and |
22 | vice chairman from among its membership at an organizational |
23 | meeting. The organizational meeting shall take place no later |
24 | than 90 days following the effective date of this section. |
25 | (4) The committee shall hold meetings at the call of the |
26 | chairman. The committee may also hold public hearings on the |
27 | matters to be considered by the committee at locations |
28 | throughout this Commonwealth. All meetings and public |
29 | hearings of the committee shall be deemed public meetings for |
30 | the purpose of 65 Pa.C.S. Ch. 7 (relating to open meetings). |
|
1 | Nine members of the committee shall constitute a quorum at |
2 | any meeting. Each member of the committee may designate |
3 | another person to represent that member at meetings of the |
4 | committee. |
5 | (5) Committee members shall receive no compensation for |
6 | their services but shall be reimbursed for all necessary |
7 | travel and other reasonable expenses incurred in connection |
8 | with the performance of their duties as members. Whenever |
9 | possible, the committee shall utilize the services and |
10 | expertise of existing personnel and staff of State |
11 | government. |
12 | (6) The committee shall have the following powers and |
13 | duties: |
14 | (i) Meet with current charter school and cyber |
15 | charter school operators within this Commonwealth, |
16 | including cyber charter schools and blended programs. |
17 | (ii) Review charter school and cyber charter school |
18 | financing laws in operation throughout the United States. |
19 | (iii) Evaluate and make recommendations on the |
20 | following: |
21 | (A) Powers and duties extended to charter |
22 | schools and cyber charter schools as they relate to |
23 | financing. |
24 | (B) Funding formulas for charter schools, |
25 | regional charter schools and cyber charter schools, |
26 | including reimbursement procedures and funding under |
27 | Title I of the Elementary and Secondary Education Act |
28 | of 1965 (Public Law 89-10, 20 U.S.C. Ch. 63 et seq.). |
29 | (C) The process by which charter schools and |
30 | cyber charter schools are funded under section |
|
1 | 1728-C. |
2 | (D) Student residency as it relates to funding. |
3 | (E) Special education and other special program |
4 | funding. |
5 | (F) Charter school and cyber charter school |
6 | transportation. |
7 | (G) Charter school and cyber charter school |
8 | eligibility to receive grants and funding. |
9 | (H) Appropriate assessment fees on charter |
10 | schools and cyber charter schools. |
11 | (I) Consideration of recognizing charter schools |
12 | and cyber charter schools for additional designations |
13 | as a local education agency. |
14 | (iv) The committee shall, no later than November 30, |
15 | 2012, issue a report of its findings and recommendations |
16 | to the Governor, the President pro tempore of the Senate, |
17 | the Minority Leader of the Senate, the chairman and |
18 | minority chairman of the Education Committee of the |
19 | Senate, the Speaker of the House of Representatives, the |
20 | Minority Leader of the House of Representatives and the |
21 | chairman and minority chairman of the Education Committee |
22 | of the House of Representatives. |
23 | (b) (Reserved). |
24 | SUBARTICLE B |
25 | CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS |
26 | Section 1714-C. Powers. |
27 | (a) Body corporate.--A charter school or cyber charter |
28 | school established under this article is a body corporate and |
29 | shall have all powers necessary or desirable for carrying out |
30 | its charter, including the power to: |
|
1 | (1) Adopt a name and corporate seal; however, any name |
2 | selected shall include the words "charter school" or "cyber |
3 | charter school." |
4 | (2) Sue and be sued, but only to the same extent and |
5 | upon the same condition that political subdivisions and local |
6 | agencies can be sued. |
7 | (3) Acquire real property from public or private sources |
8 | by purchase, lease, lease with an option to purchase or gift |
9 | for use as a charter school or cyber charter school facility. |
10 | (4) Receive and disburse funds for charter school or |
11 | cyber charter school purposes only. |
12 | (5) Make contracts and leases for the procurement of |
13 | services, including services to fulfill the duties of the |
14 | administrators and chief administrator for the charter school |
15 | or cyber charter school, equipment and supplies. |
16 | (6) Incur temporary debts in anticipation of the receipt |
17 | of funds. |
18 | (7) Incur debt for the construction of school |
19 | facilities. |
20 | (8) Solicit and accept any gifts or grants for charter |
21 | school or cyber charter school purposes. |
22 | (9) Enter into a concurrent enrollment agreement under |
23 | Article XVI-B with an institution of higher education. |
24 | (b) Necessary powers.--A charter school or cyber charter |
25 | school shall have other powers as are necessary to fulfill its |
26 | charter and which are not inconsistent with this article. |
27 | (c) Liability for indebtedness.--Any indebtedness incurred |
28 | by a charter school or cyber charter school in the exercise of |
29 | the powers specified under this section shall not impose any |
30 | liability or legal obligation upon a school entity or upon the |
|
1 | Commonwealth. |
2 | Section 1715-C. Requirements. |
3 | (a) Compliance.--Charter schools and cyber charter schools |
4 | shall be required to comply with the following: |
5 | (1) Except as otherwise provided under this article, a |
6 | charter school or cyber charter school shall be exempt from |
7 | statutory requirements established under this act, from |
8 | regulations of the State board and from standards of the |
9 | secretary not specifically applicable to charter schools and |
10 | cyber charter schools. Charter schools and cyber charter |
11 | schools shall not be exempt from statutes applicable to |
12 | public schools other than under this article. |
13 | (2) A charter school or cyber charter school shall be |
14 | accountable to the parents, the public and the Commonwealth, |
15 | with the delineation of that accountability reflected in the |
16 | charter. Strategies for meaningful parent and community |
17 | involvement shall be developed and implemented by each |
18 | school. |
19 | (3) A charter school or cyber charter school shall not |
20 | unlawfully discriminate in admissions, hiring or operation. |
21 | (4) A charter school or cyber charter school shall be |
22 | nonsectarian in all operations. |
23 | (5) A charter school or cyber charter school shall not |
24 | provide any religious instruction, nor shall it display |
25 | religious objects and symbols on the premises of the school |
26 | with the intention of advancing or endorsing religion. It |
27 | shall not be a violation of this section for a charter school |
28 | or cyber charter school to utilize: |
29 | (i) A sectarian facility if the religious objects |
30 | and symbols within the portions of the facility utilized |
|
1 | by the school are covered or removed to the extent |
2 | reasonably feasible. |
3 | (ii) A sectarian facility where the unused portion |
4 | of the facility or its common areas contain religious |
5 | symbols and objects. |
6 | (6) A charter school or cyber charter school shall not |
7 | advocate unlawful behavior. |
8 | (7) Consistent with section 220, a charter school or |
9 | cyber charter school shall participate in the Pennsylvania |
10 | State Assessment System as provided for in 22 Pa. Code Ch. 4 |
11 | (relating to academic standards and assessment) or subsequent |
12 | regulations promulgated to replace 22 Pa. Code Ch. 4. A |
13 | charter school or cyber charter school shall be treated in |
14 | the same manner as a school district for the purposes of |
15 | measuring the charter school or cyber charter school's |
16 | adequate yearly progress under the No Child Left Behind Act |
17 | of 2001. |
18 | (8) A charter school or cyber charter school shall |
19 | provide a minimum of 180 days of instruction or 900 hours per |
20 | year of instruction at the elementary level or 990 hours per |
21 | year of instruction at the secondary level. Attendance at a |
22 | cyber charter school shall satisfy requirements for |
23 | compulsory attendance. Nothing in this paragraph shall |
24 | preclude the use of computer and satellite linkages for |
25 | delivering instruction to students. |
26 | (b) (Reserved). |
27 | Section 1716-C. Board of trustees. |
28 | (a) Public officials.-- |
29 | (1) All members of the board of trustees of a charter |
30 | school or cyber charter school shall be public officials and |
|
1 | subject to 65 Pa.C.S. Ch. 11 (relating to ethics standards |
2 | and financial disclosure) and shall file a statement of |
3 | financial interests for the preceding calendar year with the |
4 | State Ethics Commission and the commission no later than May |
5 | 1 of each year that members hold the position and of the year |
6 | after a member leaves the position. |
7 | (2) All members of the board of trustees of a charter |
8 | school or cyber charter school shall take the oath of office |
9 | as required under section 321 before entering upon the duties |
10 | of their office. |
11 | (b) Powers.--The board of trustees of a charter school or |
12 | cyber charter school shall have the authority to decide matters |
13 | related to the operation of the school, including budgeting, |
14 | curriculum and operating procedures, subject to the school's |
15 | charter. The board shall have the authority to employ, discharge |
16 | and contract with necessary professional and nonprofessional |
17 | employees, subject to the school's charter and this article. |
18 | (c) Restrictions.--The following shall apply to all members |
19 | of the board of trustees of a charter school or a cyber charter |
20 | school: |
21 | (1) No member of the local board of school directors of |
22 | a school entity shall serve on the board of trustees of a |
23 | charter school that is located in the member's district. |
24 | (2) For all charter schools and cyber charter schools |
25 | chartered after the effective date of this section, an |
26 | individual is prohibited from serving as a voting member of |
27 | the board of trustees of a charter school or a cyber charter |
28 | school if the individual or an immediate family member |
29 | receives compensation from or is employed by or is a board |
30 | member of an authorizer who participates in the initial |
|
1 | review, approval, oversight, evaluation or renewal process of |
2 | a charter school or cyber charter school chartered by that |
3 | authorizer with the exception of all current board members. |
4 | An employee of the authorizer which chartered the charter |
5 | school or cyber charter school may serve as a member of the |
6 | board of trustees without voting privileges. |
7 | (3) No member of the board of trustees of a charter |
8 | school or cyber charter school shall participate in the |
9 | selection, award or administration of any contract if the |
10 | member has a conflict of interest, as that term is defined in |
11 | 65 Pa.C.S. § 1102 (relating to definitions). Any member of |
12 | the board of trustees who in the discharge of his official |
13 | duties would be required to vote on a matter that would |
14 | result in a conflict of interest shall abstain from voting |
15 | and follow the procedures required under 65 Pa.C.S. § 1103(j) |
16 | (relating to restricted activities). A member of the board of |
17 | trustees who knowingly violates this section commits a |
18 | violation of 65 Pa.C.S. § 1103(a) and shall be subject to the |
19 | penalties imposed under the jurisdiction of the State Ethics |
20 | Commission. Any contract made in violation of this subsection |
21 | shall be voidable by a court of competent jurisdiction if the |
22 | suit is commenced within 90 days of the making of the |
23 | contract. |
24 | (4) A member of the board of trustees of a charter |
25 | school or cyber charter school shall be automatically |
26 | disqualified and immediately removed from the board upon |
27 | conviction for an offense graded as a felony, an infamous |
28 | crime, an offense pertaining to fraud, theft or mismanagement |
29 | of public funds, any offense pertaining to his official |
30 | capacity as a board member or any crime involving moral |
|
1 | turpitude. |
2 | (d) Board structure.-- |
3 | (1) The board of trustees of a charter school or cyber |
4 | charter school shall have a minimum of five nonrelated voting |
5 | members. If a charter school or cyber charter school has |
6 | fewer than five nonrelated voting members serving on its |
7 | board on the effective date of this section, the charter |
8 | school or cyber charter school shall have one year to appoint |
9 | additional members to the board to meet the minimum |
10 | requirements of this section. |
11 | (2) Within one year of the effective date of this |
12 | section, at least one member of the board of trustees of a |
13 | charter school or cyber charter school shall be a parent of a |
14 | child currently attending that charter school or cyber |
15 | charter school. The board member shall be eligible to serve |
16 | only so long as the child is attending the charter school or |
17 | cyber charter school. |
18 | (e) Organization of meetings of boards of trustees.-- |
19 | (1) A majority of the members of the board of trustees |
20 | shall be a quorum. If less than a majority is present at any |
21 | meeting, no business shall be transacted at the meeting. |
22 | (2) The affirmative vote of a majority of all the |
23 | members of the board of trustees, duly recorded, shall be |
24 | required in order to take action on the subjects enumerated |
25 | under subsection (a). |
26 | (3) All meetings shall be subject to 65 Pa.C.S. Ch. 7 |
27 | (relating to open meetings). |
28 | (f) Refusal or neglect of duty.-- |
29 | (1) If a member of the board of trustees refuses or |
30 | neglects to perform any duty imposed upon it under this |
|
1 | article, 25 individuals who are parents or guardians of |
2 | students of the charter school or cyber charter school may |
3 | present a petition in writing of the refusal or neglect, |
4 | verified by oath or affirmation, to the court of common pleas |
5 | in the county in which the charter school building is located |
6 | or, in the case of a cyber charter school, to the |
7 | Commonwealth Court. The petition shall set forth the facts |
8 | regarding the board member. |
9 | (2) The court shall grant a rule upon the member of the |
10 | board of trustees, returnable in not less than ten days nor |
11 | more than 20 days from the date of issue, to show cause why |
12 | the member should not be removed from the board. The member |
13 | shall have at least five days' notice of the granting of the |
14 | rule. On or before the return day of the rule, the member or |
15 | members, individually or jointly, shall file in writing their |
16 | answer or answers to the petition, under oath. If the facts |
17 | set forth in the petition, or any material part of the |
18 | petition, are denied, the court shall conduct a hearing on |
19 | the petition. If, after the hearing or if no answer is timely |
20 | filed denying the facts set forth in the petition, the court |
21 | finds that any duty imposed on the members required under |
22 | this article has not been done or has been neglected by them, |
23 | the court shall have power to remove the member or members |
24 | and shall direct the commission in conjunction with the |
25 | school's authorizer to appoint other qualified persons to |
26 | serve for the duration of the removed members' unexpired |
27 | terms, subject to this article. The court shall impose the |
28 | cost of the proceedings on the petitioners, the members or |
29 | the authorizer or may apportion the cost among them. Any |
30 | person removed as a member of the board of trustees of a |
|
1 | charter school or cyber charter school under this paragraph |
2 | shall not be eligible again as a board member for a period of |
3 | five years from the removal. |
4 | Section 1717-C. Administrators. |
5 | (a) Public employee.--A person who serves as an |
6 | administrator for a charter school or cyber charter school shall |
7 | be a public employee under 65 Pa.C.S. Ch. 11 (relating to ethics |
8 | standards and financial disclosure) and shall file a statement |
9 | of financial interests for the preceding calendar year with the |
10 | commission and the board of trustees no later than May 1 of each |
11 | year that he holds the position and of the year after he leaves |
12 | the position. |
13 | (b) Duties of chief administrator.--The chief administrator |
14 | shall exercise the duties designated by the board of trustees, |
15 | including the following: |
16 | (1) In accordance with established board policy and |
17 | bylaws, upon action by the board of trustees to approve any |
18 | bill or account for payment of money and to prepare and sign |
19 | an order for the payment of money. |
20 | (2) To comply with all reporting requirements of this |
21 | article. |
22 | (3) Notwithstanding any other provision of this article |
23 | and other laws, to serve as custodian of all records, |
24 | commissions and property of the charter school or cyber |
25 | charter school. |
26 | (4) To receive and deposit funds in accordance with |
27 | established board policy consistent with this article and all |
28 | other laws at the end of each month to make or cause to be |
29 | made a report to the board of trustees of the amount of funds |
30 | received and the amount dispersed during the month. |
|
1 | (5) To perform other duties pertaining to the business |
2 | of the charter school or cyber charter school as required |
3 | under this article. |
4 | (c) Restrictions.-- |
5 | (1) A person who serves as an administrator for a |
6 | charter school or cyber charter school shall not receive |
7 | compensation from another charter school or cyber charter |
8 | school or from an educational management service provider |
9 | except as follows: |
10 | (i) The administrator has submitted a sworn |
11 | statement to each charter school or cyber charter school |
12 | board of trustees. The sworn statement shall detail the |
13 | work for the other entity and include the projected |
14 | number of hours, rate of compensation and projected |
15 | duration. |
16 | (ii) The board of trustees shall grant permission to |
17 | the administrator by resolution. |
18 | (iii) A copy of the sworn statement and the |
19 | resolution by the board of trustees approving the request |
20 | shall be kept on file with the charter school or cyber |
21 | charter school and with the commission. |
22 | (2) No administrator of a charter school or cyber |
23 | charter school or immediate family member is permitted to |
24 | serve as a voting member of the board of trustees of their |
25 | charter school or cyber charter school. |
26 | (3) No administrator of a charter school or cyber |
27 | charter school shall participate in the selection, award or |
28 | administration of a contract if he has a conflict of interest |
29 | as that term is defined in 65 Pa.C.S. § 1102 (relating to |
30 | definitions). An administrator who knowingly violates this |
|
1 | section commits a violation of 65 Pa.C.S. § 1103(a) (relating |
2 | to restricted activities) and shall be subject to the |
3 | penalties imposed under the jurisdiction of the State Ethics |
4 | Commission. Any contract made in violation of this subsection |
5 | shall be voidable by the board of trustees of the charter |
6 | school or cyber charter school. |
7 | (4) An administrator shall be immediately dismissed upon |
8 | conviction for an offense graded as a felony, an infamous |
9 | crime, an offense pertaining to fraud, theft or mismanagement |
10 | of public funds or any crime involving moral turpitude. |
11 | Section 1718-C. Establishment. |
12 | (a) Entities.-- |
13 | (1) A charter school or cyber charter school may be |
14 | established by any of the following: |
15 | (i) An individual. |
16 | (ii) One or more teachers who will teach at the |
17 | proposed school. |
18 | (iii) Parents or guardians of students who will |
19 | enroll at the school. |
20 | (iv) A nonsectarian college, university or museum |
21 | located in this Commonwealth. |
22 | (v) A nonsectarian corporation not-for-profit, as |
23 | defined in 15 Pa.C.S. (relating to corporations and |
24 | unincorporated associations). |
25 | (vi) A corporation, association or partnership. |
26 | (vii) A combination of any of the entities listed |
27 | under this subsection. |
28 | (2) No charter school or cyber charter school shall be |
29 | established or funded by and no charter shall be granted to |
30 | any sectarian school, institution or other entity. No funds |
|
1 | allocated or disbursed under this article shall be used to |
2 | directly support instruction under section 1327.1. |
3 | (b) Establishment of a charter school by conversion.-- |
4 | (1) A charter school may be established by converting an |
5 | existing public school or a portion of an existing public |
6 | school. The conversion of an existing public school or |
7 | portion of an existing public school to a charter school may |
8 | be initiated by any individual or entity authorized to |
9 | establish a charter school under subsection (a) or by the |
10 | school district where the existing public school is located. |
11 | (2) The local board of school directors, the special |
12 | board of control established under section 692 or the School |
13 | Reform Commission established under section 696 which desires |
14 | to convert an existing public school or a portion of an |
15 | existing public school to a charter school may designate and |
16 | approve the existing public school or portion of an existing |
17 | public school that it seeks to convert to a charter school. |
18 | The local board of school directors, the special board of |
19 | control established under section 692 or the School Reform |
20 | Commission established under section 696 may accept |
21 | applications by any individual or entity authorized to |
22 | establish a charter school under subsection (a) to operate |
23 | the converted charter school. There shall be no limit on the |
24 | number of public schools in a school district that can be |
25 | converted to a charter school. |
26 | (3) The authorizer shall not serve as the board of |
27 | trustees of an existing school which is converted to a |
28 | charter school under this subsection. |
29 | (4) This article shall apply to an existing public |
30 | school converted to a charter school. |
|
1 | (5) In the case of an existing school being converted to |
2 | a charter school, the local board of school directors, the |
3 | special board of control established under section 692 or the |
4 | School Reform Commission established under section 696 shall |
5 | establish the alternative arrangements for current students |
6 | who choose not to attend the charter school. |
7 | (c) Establishment of a cyber charter school by a local board |
8 | of school directors or intermediate unit.--A cyber charter |
9 | school may be established by a local board of school directors |
10 | or an intermediate unit if they follow the procedures and |
11 | requirements of this article. Nothing under this article shall |
12 | preclude a school district or an intermediate unit from offering |
13 | instruction via the Internet or other electronic means, except |
14 | that the instruction shall not be recognized as a cyber charter |
15 | school under this article. |
16 | (d) Legal authorizers.-- |
17 | (1) The following entities shall be authorizers of a |
18 | charter school: |
19 | (i) The commission. |
20 | (ii) A local board of school directors. |
21 | (iii) The governing board of an institution of |
22 | higher education which elects by affirmative vote of a |
23 | majority of all members to become an authorizer. A |
24 | governing board of an institution of higher education |
25 | that does not vote affirmatively to become an authorizer |
26 | shall not be subject to this article. |
27 | (2) The commission shall be the authorizer of a cyber |
28 | charter school. |
29 | (e) Initial application procedure.-- |
30 | (1) An application to establish a charter school or |
|
1 | cyber charter school shall be submitted to the appropriate |
2 | authorizer by October 1 of the school year preceding the |
3 | school year in which the charter school or cyber charter |
4 | school proposes to commence operation. |
5 | (2) Within 45 days of receipt of an application, the |
6 | authorizer shall hold at least one public hearing on the |
7 | charter application under 65 Pa.C.S. Ch. 7 (relating to open |
8 | meetings) and section 1720-C. At least 45 days must transpire |
9 | between the first public hearing and the final decision of |
10 | the authorizer on the charter application, during which time |
11 | public comment shall be received and made part of the record. |
12 | (3) An application submitted under this article shall be |
13 | evaluated by the authorizer based on criteria, including the |
14 | following: |
15 | (i) The demonstrated, sustainable support for the |
16 | charter school plan by teachers, parents, other community |
17 | members and students, including comments received at the |
18 | public hearing held under subsection (d)(2). |
19 | (ii) The capability of the applicant, in terms of |
20 | support and planning, to provide comprehensive learning |
21 | experiences to students pursuant to the adopted charter. |
22 | (4) Not later than 75 days after the first public |
23 | hearing on the application, the authorizer which received the |
24 | application shall grant or deny the application. |
25 | (5) An application shall be deemed approved by the |
26 | authorizer upon affirmative vote by a majority of all members |
27 | of the commission, the local board of school directors or |
28 | members of the governing board of an institution of higher |
29 | education. Formal action approving or denying the application |
30 | shall be taken at a public meeting, with notice or |
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1 | consideration of the application given by the authorizer or |
2 | commission under 65 Pa.C.S. Ch. 7. The authorizer shall give |
3 | the applicant at least 48 hours written or electronic notice |
4 | of the meeting at which the authorizer will be considering |
5 | the application. |
6 | (6) Written notice of the action of the authorizer shall |
7 | be sent to the applicant, the department and the commission. |
8 | If the application is denied, the reasons for the denial, |
9 | including a description of deficiencies in the application, |
10 | shall be clearly stated in the notice to the charter school |
11 | applicant. The written notice shall be issued by the |
12 | authorizer within 30 days of the denial of the application. |
13 | (7) At the option of the applicant, a denied application |
14 | may be revised and resubmitted to the authorizer which denied |
15 | the application. If an application is revised and resubmitted |
16 | to the authorizer which denied the application, the |
17 | authorizer shall follow the procedures listed under |
18 | paragraphs (2), (3), (4), (5) and (6). |
19 | (8) The decision of the authorizer to deny the |
20 | application again after following the procedures under |
21 | paragraph (7) may be appealed to the commission or to the |
22 | appropriate court as provided for under section 1724-C. |
23 | Failure by the authorizer to hold a public hearing and to |
24 | grant or deny the application for a charter school within the |
25 | time periods specified under paragraphs (2), (4), (5) and (6) |
26 | shall permit the applicant for a charter to file its |
27 | application to the commission or the appropriate court as |
28 | provided for under section 1724-C. |
29 | Section 1719-C. Regional charter school. |
30 | (a) Establishment.-- |
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1 | (1) A regional charter school may be established by any |
2 | of the following: |
3 | (i) An individual. |
4 | (ii) One or more teachers who will teach at the |
5 | proposed charter school. |
6 | (iii) Parents or guardians of students who will |
7 | attend the charter school. |
8 | (iv) A nonsectarian college, university or museum |
9 | located in this Commonwealth. |
10 | (v) A nonsectarian corporation not-for-profit, as |
11 | defined in 15 Pa.C.S. (relating to corporations and |
12 | unincorporated associations). |
13 | (vi) A corporation, association or partnership. |
14 | (vii) A combination of any of the entities under |
15 | this subsection. |
16 | (2) A regional charter school may be established by |
17 | creating a new school or by converting an existing public |
18 | school or a portion of an existing public school. Conversion |
19 | of an existing public school to a regional charter school |
20 | shall be accomplished in accordance with section 1718-C(b). |
21 | (3) No regional charter school shall be established or |
22 | funded by and no charter shall be granted to any sectarian |
23 | school, institution or other entity. |
24 | (b) Application.--The boards of school directors of one or |
25 | more school districts, or the governing board of any combination |
26 | of one or more authorizers, may act jointly to receive and |
27 | consider an application for a regional charter school. Any |
28 | action to approve an application for a charter or to sign a |
29 | written charter of an applicant shall require an affirmative |
30 | vote of a majority of all the directors of each of the school |
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1 | districts or a majority of the members of the governing board of |
2 | each of the initial approving authorities involved. |
3 | (c) Special conditions.--The provisions of this article as |
4 | they pertain to charter schools and the powers and duties of |
5 | authorizers and the commission shall apply to regional charter |
6 | schools, except as provided under this section or as otherwise |
7 | stated under this article. |
8 | Section 1720-C. Hearings. |
9 | All hearings held by authorizers under this article shall be |
10 | conducted as follows: |
11 | (1) If the hearing is conducted by a local board of |
12 | school directors, the hearing shall be conducted in |
13 | accordance with 2 Pa.C.S. Ch. 5 Subch. B (relating to |
14 | practice and procedure of local agencies). |
15 | (2) If the hearing is conducted by the commission, the |
16 | council of trustees of an individual institution under |
17 | Article XX-A, or a board of trustees of a community college |
18 | under Article XIX-A, the hearing shall be conducted in |
19 | accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to |
20 | practice and procedure of Commonwealth agencies). |
21 | (3) If the hearing is conducted by the board of trustees |
22 | or other governing authority of a public nonsectarian |
23 | accredited college or university under 24 Pa.C.S. § 6501 |
24 | (relating to applicability of chapter), the hearing shall be |
25 | conducted pursuant to established procedures consistent with |
26 | 2 Pa.C.S. Ch. 5 Subch. A. |
27 | Section 1721-C. Contents of application. |
28 | (a) Charter school application.--The commission shall |
29 | develop and issue a standard application form that shall be used |
30 | by all applicants to establish a charter school. The application |
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1 | to establish a charter school shall include all of the following |
2 | information: |
3 | (1) The identification of the charter applicant. |
4 | (2) The name of the proposed charter school. |
5 | (3) The grade or age levels served by the school. |
6 | (4) An organization chart clearly presenting the |
7 | proposed governance structure of the charter school, |
8 | including lines of authority and reporting between the board |
9 | of trustees, administrators, staff and any educational |
10 | management service provider that will play a role in |
11 | providing management services to the charter school or cyber |
12 | charter school. |
13 | (5) A clear description of the roles and |
14 | responsibilities for the board of trustees, administrators |
15 | and any other entities, including a charter school |
16 | foundation, shown in the organization chart. |
17 | (6) A clear description and method for the appointment |
18 | or election of members of the board of trustees. |
19 | (7) Standards for board performance, including |
20 | compliance with all applicable laws, regulations and terms of |
21 | the charter. |
22 | (8) If the charter school intends to contract with an |
23 | educational management service provider for services, the |
24 | charter applicant shall do all of the following: |
25 | (i) Provide evidence of the education management |
26 | service provider's record in serving student populations, |
27 | including demonstrated academic achievement and |
28 | demonstrated management of nonacademic school functions, |
29 | including proficiency with public school-based |
30 | accounting, if applicable. |
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1 | (ii) Provide a term sheet setting forth all of the |
2 | following: |
3 | (A) The proposed duration of the service |
4 | contract. |
5 | (B) Roles and responsibilities of the governing |
6 | board, the school staff and the educational |
7 | management service provider. |
8 | (C) The scope of services and resources to be |
9 | provided by the educational management service |
10 | provider. |
11 | (D) Performance evaluation measures and |
12 | timelines. |
13 | (E) The compensation structure, including clear |
14 | identification of all fees to be paid to the |
15 | educational management service provider. |
16 | (F) Methods of contract oversight and |
17 | enforcement. |
18 | (G) Investment disclosure or the advance of |
19 | moneys by the educational management service provider |
20 | on behalf of the charter school or cyber charter |
21 | school. |
22 | (H) Conditions for renewal and termination of |
23 | the contract. |
24 | (iii) Disclose and explain any existing or potential |
25 | conflicts of interest between the members of the board of |
26 | trustees and the proposed educational management service |
27 | provider or any affiliated business entities, including a |
28 | charter school foundation qualified as a support |
29 | organization under the Internal Revenue Code of 1986 |
30 | (Public Law 99-514, 26 U.S.C. § 1 et seq.). |
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1 | (9) The mission and education goals of the charter |
2 | school, the curriculum to be offered and the methods of |
3 | assessing whether students are meeting educational goals. |
4 | (10) The admission policy and criteria for evaluating |
5 | the admission of students, which shall comply with section |
6 | 1726-C. |
7 | (11) Procedures which will be used regarding the |
8 | suspension or expulsion of pupils. The procedures shall |
9 | comply with section 1318. |
10 | (12) Information on the manner in which community groups |
11 | will be involved in the charter school planning process. |
12 | (13) The financial plan for the charter school and the |
13 | provisions which will be made for auditing the school under |
14 | section 437, including the role of any charter school |
15 | foundation. |
16 | (14) Procedures which shall be established to review |
17 | complaints of parents regarding the operation of the charter |
18 | school. |
19 | (15) A description and address of the physical facility, |
20 | if already determined, in which the charter school will be |
21 | located and the ownership thereof and any lease arrangements. |
22 | (16) Information on the proposed school calendar for the |
23 | charter school, including the length of the school day and |
24 | school year, consistent with section 1502. |
25 | (17) The proposed faculty, if already determined, and a |
26 | professional development and continuing education plan for |
27 | the faculty and administrative staff of a charter school. |
28 | (18) Whether any agreements have been entered into or |
29 | plans developed with the local school district regarding |
30 | participation of the charter school students in |
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1 | extracurricular activities within the school district. |
2 | Notwithstanding any provision to the contrary, no school |
3 | district of residence shall prohibit a student of a charter |
4 | school from participating in any extracurricular activity of |
5 | that school district of residence, provided that the student |
6 | is able to fulfill all of the requirements of participation |
7 | in such activity and the charter school does not provide the |
8 | same extracurricular activity. |
9 | (19) A report of criminal history record, under section |
10 | 111, for all board members, employees and volunteers |
11 | identified in the application who shall have direct contact |
12 | with students. |
13 | (20) An official clearance statement regarding child |
14 | injury or abuse from the Department of Public Welfare as |
15 | required under 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to |
16 | background checks for employment in schools) for all board |
17 | members, employees and volunteers identified in the |
18 | application who shall have direct contact with students. |
19 | (21) How the charter school will provide adequate |
20 | liability and other appropriate insurance for the charter |
21 | school, its employees and the board of trustees of the |
22 | charter school. |
23 | (22) Policies regarding truancy, absences and withdrawal |
24 | of students, including the manner in which the charter school |
25 | will monitor attendance consistent with section 1715-C(a)(8). |
26 | A charter school may elect to directly enforce the compulsory |
27 | attendance laws in accordance with this article and shall |
28 | notify the school district of residence of this action by |
29 | certified mail. If a charter school elects to directly |
30 | enforce the compulsory attendance laws, it shall state that |
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1 | in its charter application or in its notice of renewal or in |
2 | an amendment to its charter. If a charter school does not |
3 | include a statement of its election to directly enforce the |
4 | compulsory attendance laws in its charter application or in |
5 | its notice of renewal or through amendment, the school |
6 | district of residence of the student shall be responsible for |
7 | enforcing the compulsory attendance laws. A charter school's |
8 | election to directly enforce the compulsory attendance laws |
9 | or its failure to make the election shall not be a basis to |
10 | deny a charter application or renewal of a charter. Nothing |
11 | in this paragraph shall excuse a charter school from |
12 | complying with section 1715-C(a)(8). |
13 | (b) Cyber charter school application.--The commission shall |
14 | develop a standard application form for cyber charter school |
15 | applicants. In addition to the requirements of subsection (a), |
16 | an application to establish a cyber charter school shall also |
17 | include the following: |
18 | (1) The curriculum to be offered and how it meets the |
19 | requirements of 22 Pa. Code Ch. 4 (relating to academic |
20 | standards and assessment) or subsequent regulations |
21 | promulgated to replace 22 Pa. Code Ch. 4. |
22 | (2) The number of courses required for elementary and |
23 | secondary students. |
24 | (3) An explanation of the amount of online time required |
25 | for elementary and secondary students. |
26 | (4) The manner in which teachers will deliver |
27 | instruction, assess academic progress and communicate with |
28 | students to provide assistance. |
29 | (5) A specific explanation of any cooperative learning |
30 | opportunities, meetings with students, parents and guardians, |
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1 | field trips or study sessions. |
2 | (6) The technology, including types of hardware and |
3 | software, equipment and other materials which will be |
4 | provided by the cyber charter school to the student. |
5 | (7) A description of how the cyber charter school will |
6 | define and monitor a student's school day, including the |
7 | delineation of online and offline time. |
8 | (8) A description of commercially prepared standardized |
9 | achievement tests that will be used by the cyber charter |
10 | school in addition to the Pennsylvania System of School |
11 | Assessment test, including the grade levels that will be |
12 | tested and how the data collected from the tests will be used |
13 | to improve instruction. |
14 | (9) The technical support that will be available to |
15 | students and parents or guardians. |
16 | (10) The privacy and security measures to ensure the |
17 | confidentiality of data gathered online. |
18 | (11) The level of anticipated enrollment during each |
19 | school year of the proposed charter, including expected |
20 | increases due to the addition of grade levels. |
21 | (12) The methods to be used to ensure the authenticity |
22 | of student work and adequate proctoring of examinations. |
23 | (13) The provision of education and related services to |
24 | students with disabilities, including evaluation and the |
25 | development and revision of individualized education |
26 | programs. |
27 | (14) Policies regarding truancy, absences and withdrawal |
28 | of students, including the manner in which the cyber charter |
29 | school will monitor attendance consistent with section |
30 | 1715-C(a)(9). |
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1 | (15) The types and frequency of communication between |
2 | the cyber charter school and the student and the manner in |
3 | which the cyber charter school will communicate with parents |
4 | and guardians. |
5 | (16) The addresses of all facilities and offices of the |
6 | cyber charter school, the ownership thereof and any lease |
7 | arrangements. |
8 | (c) Additional terms.--An authorizer may not impose |
9 | additional terms or require additional information outside the |
10 | standard application form required under subsection (a). |
11 | Section 1722-C. Charter. |
12 | (a) Development.--Upon approval of an application under |
13 | section 1718-C, a written charter shall be developed which shall |
14 | contain the provisions of the application required under section |
15 | 1721-C and which shall be signed by the authorizer and the board |
16 | of trustees of the charter school or cyber charter school. The |
17 | written charter, when duly signed by the authorizer and the |
18 | school's board of trustees, shall act as legal authorization for |
19 | the establishment of a charter school or cyber charter school |
20 | and shall be legally binding on both the board of trustees and |
21 | on the authorizer. A charter will be granted only for a school |
22 | organized as a public, nonprofit corporation. |
23 | (b) Amendments.--A charter school or cyber charter school |
24 | shall have the ability to request amendments to its approved |
25 | written charter by filing a written document describing the |
26 | requested amendment to the authorizer. Within 45 days of its |
27 | receipt of the request for an amendment, the authorizer shall |
28 | hold a public hearing on the requested amendment under 65 |
29 | Pa.C.S. Ch. 7 (relating to open meetings) and section 1720-C. |
30 | Within 45 days after the hearing, the authorizer must grant or |
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1 | deny the requested amendment. Failure by the authorizer to hold |
2 | a public hearing and to grant or deny the amendments within the |
3 | time period specified shall permit the applicant for the |
4 | amendments to file its request for an amendment with the |
5 | commission or appropriate court provided for under section |
6 | 1724-C. An applicant for an amendment shall have the right to |
7 | appeal the denial of a requested amendment to the commission or |
8 | appropriate court provided for under section 1724-C. |
9 | Section 1723-C. Renewal, nonrenewal and termination. |
10 | (a) Terms.--An initial written charter shall be valid for a |
11 | period of not less than five years and shall be renewed for ten- |
12 | year periods upon reauthorization by an authorizer. |
13 | (b) Renewal process.--A charter school or cyber charter |
14 | school seeking renewal shall send an intent to renew letter to |
15 | the original authorizer no later than October 1 of the final |
16 | school year of the charter school's current charter. The |
17 | authorizer shall conduct a comprehensive review of the annual |
18 | reports and assessments required under section 1731-C, and, if |
19 | appropriate, renew the charter for a ten-year period. If an |
20 | authorizer fails to formally renew a charter upon the expiration |
21 | of initial or renewed charter, the charter shall be deemed to be |
22 | renewed for a period of ten years. |
23 | (c) Authorizer review.-- |
24 | (1) During the term of the charter or at the end of the |
25 | term of the charter, the authorizer may choose to revoke or |
26 | not to renew the charter based on any of the following: |
27 | (i) One or more material violations of any of the |
28 | conditions, standards or procedures contained in the |
29 | written charter signed under section 1722-C. |
30 | (ii) Failure to meet the requirements for student |
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1 | performance or failure to meet any performance standard |
2 | set forth in the written charter signed under section |
3 | 1722-C. |
4 | (iii) Failure to meet generally accepted standards |
5 | of fiscal management or audit requirements. |
6 | (iv) Failure to maintain the financial ability to |
7 | continue as an ongoing concern according to generally |
8 | accepted accounting principles. |
9 | (v) Violation of the provisions of this article. |
10 | (vi) Violation of any provision of law from which |
11 | the charter school or cyber charter school has not been |
12 | exempted, including Federal laws and regulations |
13 | governing children with disabilities. |
14 | (2) If the health or safety of the school's pupils, |
15 | staff or both is at serious risk, the authorizer may take |
16 | immediate action to revoke a charter. |
17 | (3) If a charter school is in corrective action status, |
18 | as that term is defined in section 102, and seeks renewal of |
19 | its charter, and the authorizer renews the charter, it shall |
20 | collaborate with the charter school on specific conditions in |
21 | the charter that require the charter school to meet specific |
22 | student performance targets within stated periods of time |
23 | subject to the following: |
24 | (i) The performance targets and the periods of time |
25 | in which the performance targets must be met shall be |
26 | reasonable and shall be agreed upon by both the |
27 | authorizer and the charter school. |
28 | (ii) The placement of conditions in a charter as |
29 | specified under this subsection shall not be considered |
30 | an adjudication and may not be appealed to the |
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1 | appropriate court. |
2 | (iii) If the charter school fails to meet the |
3 | performance targets within the stated period of time, |
4 | such failure shall be sufficient cause for revocation of |
5 | the charter. |
6 | (d) Removal of board member or administrator.--If, after a |
7 | hearing under this section, an authorizer proves by a |
8 | preponderance of the evidence that an administrator or board |
9 | member has violated this article, the terms and conditions of |
10 | the charter, or any other violation of law, the authorizer shall |
11 | have the authority to require the charter school or cyber |
12 | charter school to replace the administrator or board member in |
13 | order to obtain renewal of the charter. The authorizer may refer |
14 | its findings to the district attorney with jurisdiction or to |
15 | the Office of Attorney General for prosecution if the authorizer |
16 | discovers or receives information about possible violations of |
17 | law by any person affiliated with or employed by a charter |
18 | school or cyber charter school. |
19 | (e) Notice of revocation or nonrenewal.--Any notice of |
20 | revocation or nonrenewal of a charter shall state the grounds |
21 | for such action with reasonable specificity and give reasonable |
22 | notice to the board of trustees of the charter school or cyber |
23 | charter school of the date on which a public hearing concerning |
24 | the revocation or nonrenewal will be held. The authorizer shall |
25 | conduct the hearing under section 1720-C and present evidence in |
26 | support of the grounds for revocation or nonrenewal stated in |
27 | its notice and give the charter school or cyber charter school |
28 | reasonable opportunity to offer testimony and amendments under |
29 | section 1722-C(b) before taking final action. Formal action |
30 | revoking or not renewing a charter shall be taken by the |
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1 | authorizer at a public meeting under 65 Pa.C.S. Ch. 7 (relating |
2 | to open meetings) and section 1720-C after the public has had 30 |
3 | days to provide comments to the members of the commission or the |
4 | local board of school directors or the governing board of an |
5 | institution of higher education. |
6 | (f) Dissolution.--If a charter is revoked, not renewed, |
7 | forfeited, surrendered or otherwise ceases to operate, the |
8 | charter school or cyber charter school shall be dissolved. After |
9 | the disposition of any liabilities and obligations of a charter |
10 | school, any remaining assets of the school, both real and |
11 | personal, shall be distributed on a proportional basis to the |
12 | school entities with students enrolled in the charter school for |
13 | the last full or partial school year of the charter school. |
14 | After the disposition of any liabilities and obligations of a |
15 | cyber charter school, any remaining assets of the school shall |
16 | be given over to the intermediate unit in which the cyber |
17 | charter school's administrative office was located for |
18 | distribution to the school districts in which the students |
19 | enrolled in the cyber charter school reside at the time of |
20 | dissolution. School entities or the Commonwealth shall not be |
21 | liable for any outstanding liabilities or obligations of the |
22 | charter school or cyber charter school. |
23 | (g) Student application.--If a charter is revoked or is not |
24 | renewed, a student who attended the charter school or cyber |
25 | charter school shall apply to another public school in the |
26 | student's school district of residence. Normal application |
27 | deadlines shall not apply. All student records maintained by the |
28 | charter school or cyber charter school shall be forwarded to the |
29 | student's district of residence. |
30 | Section 1724-C. Appeal process. |
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1 | (a) Review by commission.--The following shall apply: |
2 | (1) For all charter schools authorized by a local board |
3 | of school directors or a governing board of an institution of |
4 | higher education, the commission shall have the exclusive |
5 | review of an appeal by a charter school applicant, or by the |
6 | board of trustees of an existing charter school, of a |
7 | decision made by a local board of school directors or a |
8 | governing board of an institution of higher education to: |
9 | (i) Deny a charter under section 1718-C. |
10 | (ii) Deny amendments to a charter under section |
11 | 1722-C. |
12 | (iii) Revoke or refuse to renew a charter under |
13 | section 1723-C. |
14 | (2) In an appeal under this section, the decision made |
15 | by the local board of school directors or governing board of |
16 | an institution of higher education shall be reviewed by the |
17 | commission. The commission shall accept all appeals within 30 |
18 | days of receipt of the appeal. The commission shall give due |
19 | consideration to the findings of the local board of school |
20 | directors or governing board of an institution of higher |
21 | education and specifically articulate its reasons for |
22 | agreeing or disagreeing with those findings in its written |
23 | decision. The commission shall have discretion to allow the |
24 | local board of school directors or governing board of an |
25 | institution of higher education and the charter school |
26 | applicant to supplement the record if the supplemental |
27 | information was previously unavailable. |
28 | (3) Not later than 30 days after the date of notice of |
29 | acceptance of the appeal, the commission shall meet to |
30 | officially review the certified record. |
|
1 | (4) Not later than 60 days after the review conducted |
2 | under paragraph (2), the commission shall issue a written |
3 | decision affirming or denying the appeal. If the commission |
4 | has affirmed the decision of the local board of school |
5 | directors or governing board of an institution of higher |
6 | education, notice shall be provided to both parties. |
7 | (5) In the case of a review by the commission of an |
8 | initial application denied by a local board of school |
9 | directors or governing board of an institution of higher |
10 | education, the decision of the commission to reverse the |
11 | decision of the local board of school directors or governing |
12 | board of an institution of higher education shall serve as a |
13 | requirement for the local board of school directors or |
14 | governing board of an institution of higher education to |
15 | grant the application and sign the written charter of the |
16 | charter school under section 1722-C. If the local board of |
17 | school directors or governing board of an institution of |
18 | higher education fails to grant the application and sign the |
19 | charter within ten days of notice of the reversal of the |
20 | decision of the local board of school directors or governing |
21 | board of an institution of higher education, the charter |
22 | shall be deemed to be approved and shall be signed by the |
23 | chairman of the commission. |
24 | (6) In the case of a review by the commission of an |
25 | amendment to a written charter denied by a local board of |
26 | school directors or governing board of an institution of |
27 | higher education, the decision of the commission to reverse |
28 | the decision of the local board of school directors or |
29 | governing board of an institution of higher education shall |
30 | serve as a requirement for the local board of school |
|
1 | directors or governing board of an institution of higher |
2 | education to grant the amendment and sign the revised charter |
3 | of the charter school under section 1722-C. If the local |
4 | board of school directors or governing board of an |
5 | institution of higher education fails to grant the amendment |
6 | and sign the revised charter within ten days of notice of the |
7 | reversal of the decision of the local board of school |
8 | directors or governing board of an institution of higher |
9 | education, the charter shall be deemed to be approved and |
10 | shall be signed by the chairman of the commission. |
11 | (7) In the case of a review by the commission of an |
12 | application that is revoked or not renewed, the commission |
13 | shall review the record and have discretion to supplement the |
14 | record if the supplemental information was previously |
15 | unavailable. The commission may consider the charter school |
16 | plan, annual reports, student performance and employee and |
17 | community support for the charter school in addition to the |
18 | record. The commission shall give due consideration to the |
19 | findings of the local board of school directors or governing |
20 | board of an institution of higher education and specifically |
21 | articulate its reasons for agreeing or disagreeing with those |
22 | findings in its written decision. If the commission |
23 | determines that the charter should not be revoked or should |
24 | be renewed, the commission shall order the local board of |
25 | school directors or governing board of an institution of |
26 | higher education to rescind its revocation or nonrenewal |
27 | decision. If the local board of school directors or governing |
28 | board of an institution of higher education fails to rescind |
29 | its revocation or nonrenewal decision and sign the notice |
30 | within ten days of notice of the reversal of the decision of |
|
1 | the authorizer, the renewed charter shall be deemed to be |
2 | approved and shall be signed by the chairman of the |
3 | commission. |
4 | (b) Review by Commonwealth Court.--The following shall |
5 | apply: |
6 | (1) For all charter schools or cyber charter schools |
7 | authorized by the commission, the Commonwealth Court shall |
8 | have exclusive review of an appeal by a charter school or |
9 | cyber charter school applicant or by the board of trustees of |
10 | an existing charter school or cyber charter school of a |
11 | decision made by the commission to: |
12 | (i) Deny a charter under section 1718-C. |
13 | (ii) Deny amendments to a charter as provided under |
14 | section 1722-C. |
15 | (iii) Revoke or not renew a charter as provided |
16 | under section 1723-C. |
17 | (2) The Commonwealth Court may follow the procedures |
18 | outlined under subsection (a)(2), (3), (4), (5), (6) and (7) |
19 | for the appeal process. If the commission fails to follow any |
20 | decision of the court within ten days of notice of the |
21 | reversal of the decision of the commission, the charter shall |
22 | be deemed to be approved and shall be signed by the presiding |
23 | judge. |
24 | (c) Appellate review.--Decisions of the commission shall be |
25 | subject to appellate review by the Commonwealth Court. |
26 | (d) Effect of appeal.--The charter shall remain in effect |
27 | until final disposition by the court. |
28 | Section 1725-C. Facilities. |
29 | (a) Location.--A charter school or cyber charter school may |
30 | be located in an existing public school building, in a part of |
|
1 | an existing public school building, in space provided on a |
2 | privately owned site, in a public building or in any other |
3 | suitable location. |
4 | (b) Report.--The following shall apply: |
5 | (1) All school districts shall submit an annual report |
6 | of the unused facilities that are owned by the school |
7 | district that may be suitable for the operation of a charter |
8 | school or cyber charter school to the department no later |
9 | than July 1 of each year. The department, in conjunction with |
10 | the Department of General Services, shall compile a list of |
11 | unused facilities, including unused facilities owned by this |
12 | Commonwealth, and publish it on its Internet website by |
13 | September 1 of each year. As used in this paragraph, "unused |
14 | facility" refers to any building owned by a school district |
15 | or the Commonwealth that is not used by the school district |
16 | or the Commonwealth for its own programs or that is leased to |
17 | a third party for consideration. The department shall make |
18 | the list of unused facilities available to existing charter |
19 | schools, cyber charter schools and applicants. The list shall |
20 | include the address of each building, the name of the owner |
21 | of the building, a short description of the building and a |
22 | description of its structural condition, including full |
23 | disclosure on all problems associated with each building, |
24 | including structural issues, HVAC, plumbing, electrical, |
25 | mold, drinking water, insect and rodent infestation and any |
26 | other health or safety issue. |
27 | (2) Each school district shall make any unused facility |
28 | available to charter schools and cyber charter schools |
29 | operating within that school district. The terms of the use |
30 | of the facility by the charter school or cyber charter school |
|
1 | shall be subject to negotiation between the school district |
2 | and the school and shall be memorialized as a separate |
3 | agreement between all parties. The agreement shall outline |
4 | which party is responsible for actual costs related to the |
5 | facility, including maintenance, insurance and other factors. |
6 | No school district shall charge a charter school or cyber |
7 | charter school greater than fair market value price for the |
8 | sale, lease or rental of the existing facility or for |
9 | property formerly used by the school district. A charter |
10 | school or cyber charter school allowed to use a facility |
11 | under an agreement under this subsection may not sell or |
12 | dispose of any interest in the property without written |
13 | permission of the school district. A school district shall |
14 | give a charter school or cyber charter school using a school |
15 | district's unused facility at least 180 days' notice before |
16 | selling, leasing or otherwise disposing of the unused |
17 | facility to a third party. |
18 | (c) Exemption from regulations.--The charter school or cyber |
19 | charter school facility shall be exempt from public school |
20 | facility regulations except those pertaining to health or safety |
21 | of students. |
22 | (d) Multiple locations.--Notwithstanding any other provision |
23 | of this article, an authorizer, in its discretion, may permit a |
24 | charter school or cyber charter school to operate at more than |
25 | one location. |
26 | (e) Exemption from taxation.--The following shall apply: |
27 | (1) Notwithstanding section 204 of the act of May 22, |
28 | 1933 (P.L.853, No.155), known as The General County |
29 | Assessment Law, all school property, real and personal, owned |
30 | by a charter school, cyber charter school or an associated |
|
1 | nonprofit foundation, or owned by a nonprofit corporation or |
2 | nonprofit foundation and leased to a charter school, cyber |
3 | charter school or associated nonprofit foundation at or below |
4 | fair market value, that is occupied and used by any charter |
5 | school or cyber charter school for public school, recreation |
6 | or any other purposes provided for under this article shall |
7 | be made exempt from every type of State, county, city, |
8 | borough, township or other real estate tax, including |
9 | payments in lieu of taxes established through agreement with |
10 | the Commonwealth or any local taxing authority, as well as |
11 | from all costs or expenses for paving, curbing, sidewalks, |
12 | sewers or other municipal improvements, except that a charter |
13 | school or cyber charter school or owner of property leased to |
14 | a charter school or cyber charter school may make a municipal |
15 | improvement in a street on which its school property abuts or |
16 | may contribute a sum toward the cost of the improvement. |
17 | (2) Any agreement entered into by a charter school, |
18 | cyber charter school or associated nonprofit foundation with |
19 | the Commonwealth or a local taxing authority for payments in |
20 | lieu of taxes prior to December 31, 2009, shall be null and |
21 | void. |
22 | (3) This subsection shall apply retroactively to all |
23 | charter schools, cyber charter schools and associated |
24 | nonprofit foundations that filed an appeal from an |
25 | assessment, as provided under Article V of The General County |
26 | Assessment Law prior to the effective date of this |
27 | subsection. |
28 | (4) For purposes of this subsection, "local taxing |
29 | authority" shall include a county, city, borough, |
30 | incorporated town, township or school district. |
|
1 | (f) Alcoholic beverages.--The following shall apply: |
2 | (1) Alcoholic beverages shall not be available for |
3 | consumption, purchase or sale in any charter school facility |
4 | or cyber charter school facility. |
5 | (2) If the secretary reasonably believes that alcoholic |
6 | beverages have been made available for consumption, purchase |
7 | or sale in any charter school facility or cyber charter |
8 | school facility, the department shall order the following |
9 | forfeitures against the charter school or cyber charter |
10 | school: |
11 | (i) $1,000 for the first violation. |
12 | (ii) $5,000 for the second or subsequent violation. |
13 | (3) The charter school or cyber charter school may |
14 | appeal the order of the secretary under 2 Pa.C.S. Chs. 5 |
15 | (relating to practice and procedure) and 7 (relating to |
16 | judicial review). |
17 | (g) Construction projects and related work.--Boards of |
18 | trustees and contractors of charter schools and cyber charter |
19 | schools shall be subject to the following statutory requirements |
20 | governing construction projects and construction-related work: |
21 | (1) The following provisions of this act: |
22 | (i) Sections 751 and 751.1. |
23 | (ii) Sections 756 and 757 insofar as they are |
24 | consistent with the act of December 20, 1967 (P.L.869, |
25 | No.385), known as the Public Works Contractors' Bond Law |
26 | of 1967. |
27 | (2) Section 1 of the act of May 1, 1913 (P.L.155, |
28 | No.104), entitled "An act regulating the letting of certain |
29 | contracts for the erection, construction, and alteration of |
30 | public buildings." |
|
1 | (3) The act of August 15, 1961 (P.L.987, No.442), known |
2 | as the Pennsylvania Prevailing Wage Act. |
3 | (4) The Public Works Contractors' Bond Law of 1967. |
4 | (5) The act of March 3, 1978 (P.L.6, No.3), known as the |
5 | Steel Products Procurement Act. |
6 | Section 1726-C. Enrollment and notification. |
7 | (a) Enrollment.--The following shall apply: |
8 | (1) Enrollment of students in a charter school or cyber |
9 | charter school shall not be subject to a cap or otherwise |
10 | limited by any past or future action of a local board of |
11 | school directors, a special board of control established |
12 | under section 692, a School Reform Commission established |
13 | under section 696 or any other governing authority of an |
14 | authorizer. |
15 | (2) This subsection shall apply to a charter school or |
16 | cyber charter school regardless of whether the charter was |
17 | approved prior to or is approved subsequent to the effective |
18 | date of this subsection. |
19 | (3) All resident children in this Commonwealth qualify |
20 | for admission to a charter school or cyber charter school as |
21 | set forth under paragraph (4). If more students apply to the |
22 | charter school or cyber charter school than the number of |
23 | attendance slots available in the school, students shall be |
24 | selected on a random basis from a pool of qualified |
25 | applicants meeting the established eligibility criteria and |
26 | submitting an application by the deadline set by the school, |
27 | except that the school may give preference in enrollment to a |
28 | child of a parent who has actively participated in |
29 | development of the school and siblings of students presently |
30 | enrolled in the school. For charter schools, first preference |
|
1 | shall be given to students who reside in the district or |
2 | districts where the school is located. |
3 | (4) (i) A charter school or cyber charter school shall |
4 | not discriminate in its admission policies or practices |
5 | on the basis of intellectual ability, except as provided |
6 | under subparagraph (ii), or athletic ability, measures of |
7 | achievement or aptitude, status as a person with a |
8 | disability, proficiency in the English language or any |
9 | other basis that would be illegal if utilized by a school |
10 | district. |
11 | (ii) A charter school or cyber charter school may |
12 | limit admission to a particular grade level, a targeted |
13 | population group composed of at-risk students or one or |
14 | more areas of concentration such as mathematics, science |
15 | or the arts. A charter school or cyber charter school may |
16 | establish reasonable criteria to evaluate prospective |
17 | students which shall be outlined in the school's charter. |
18 | (5) If there is available classroom space, a charter |
19 | school may enroll nonresident students on a space-available |
20 | basis, and the student's district of residence shall permit |
21 | the student to attend the charter school. Terms and |
22 | conditions of enrollment shall be outlined in the school's |
23 | charter. |
24 | (6) A cyber charter school shall report to the |
25 | commission an increase or a decrease of 30% or more in its |
26 | anticipated enrollment set forth in the application under |
27 | section 1718-C. |
28 | (b) Notification.--The following shall apply: |
29 | (1) Within ten days of enrollment of a student to a |
30 | charter school or cyber charter school, the parent or |
|
1 | guardian and the school shall notify the student's school |
2 | district of residence and intermediate unit of the enrollment |
3 | through the use of a notification form developed by the |
4 | commission. The notification shall include: |
5 | (i) The name, home address and mailing address of |
6 | the student. |
7 | (ii) The grade in which the student is being |
8 | enrolled. |
9 | (iii) The date the student will be enrolled. |
10 | (iv) The name and address of the charter school or |
11 | cyber charter school and the name and telephone number of |
12 | a contact person able to provide information regarding |
13 | the school. |
14 | (v) The signature of the parent or guardian and an |
15 | authorized representative of the charter school or cyber |
16 | charter school. |
17 | (2) If a school district which has received notice under |
18 | paragraph (1) determines that a student is not a resident of |
19 | the school district, the following apply: |
20 | (i) Within ten days of receipt of the notice under |
21 | paragraph (1), the school district shall notify the |
22 | charter school or cyber charter school and the department |
23 | that the student is not a resident of the school |
24 | district. Notification of nonresidence shall include the |
25 | basis for the determination. |
26 | (ii) Within seven days of notification under |
27 | subparagraph (i), the charter school or cyber charter |
28 | school shall review the notification of nonresidence, |
29 | respond to the school district and provide a copy of the |
30 | response to the department. If the charter school or |
|
1 | cyber charter school agrees that a student is not a |
2 | resident of the school district, it shall determine the |
3 | proper district of residence of the student. |
4 | (iii) Within seven days of receipt of a response |
5 | under subparagraph (ii), the school district shall notify |
6 | the charter school or cyber charter school that it agrees |
7 | or does not agree with the charter school or cyber |
8 | charter school's determination. |
9 | (iv) A school district that has notified the charter |
10 | school or cyber charter school that it does not agree |
11 | shall appeal to the department for a final determination. |
12 | (v) Decisions of the department regarding the school |
13 | district of residence of a student shall be subject to |
14 | review by the Commonwealth Court. |
15 | (vi) The secretary shall continue to make payments |
16 | to a charter school or cyber charter school under section |
17 | 1728-C during the time in which the school district of |
18 | residence of a student is in dispute. |
19 | (vii) If a final determination is made that a |
20 | student is not a resident of an appealing school |
21 | district, the charter school or cyber charter school |
22 | shall return all funds provided on behalf of that student |
23 | to the school district within 30 days. |
24 | (3) Within ten days of receipt of the notification form, |
25 | the local school district or intermediate unit shall provide |
26 | the charter school or cyber charter school with all records |
27 | relating to the student, including transcripts, test scores |
28 | and a copy of any individualized education program for that |
29 | student. If a school district fails to provide the student's |
30 | record within 30 days after receiving the documentation from |
|
1 | the charter school or cyber charter school, the secretary |
2 | shall deduct and pay to the charter school or cyber charter |
3 | school the estimated amount, as documented by the charter |
4 | school or cyber charter school, from all State payments made |
5 | to the district, or if no payments have been made to the |
6 | district, from all State payments reasonably expected to be |
7 | made, after receipt of documentation from the charter school |
8 | or cyber charter school. The district from which the |
9 | estimated payment has been deducted may request a hearing |
10 | from the department which the secretary shall hold within 30 |
11 | days of the request. The secretary shall render a decision |
12 | after the hearing and shall not delegate this duty unless |
13 | there is a conflict from which the secretary must recuse |
14 | himself after full disclosure. The district shall be liable |
15 | for reasonable legal fees incurred by a charter school in |
16 | attempting to obtain student records. Supersedeas shall not |
17 | be granted to the department or the school district. Absent a |
18 | court order, the department shall not hold any payments in |
19 | escrow. |
20 | (c) Withdrawal.--The charter school or the cyber charter |
21 | school and parent or guardian of a student enrolled in the |
22 | school shall provide written notification to the student's |
23 | school district of residence within ten days after withdrawal of |
24 | a student from the charter school or cyber charter school. |
25 | Section 1727-C. School staff. |
26 | (a) General rule.--The board of trustees of a charter school |
27 | or cyber charter school shall determine the level of |
28 | compensation and all terms and conditions of employment of the |
29 | staff except as otherwise provided under this article. At least |
30 | 75% of the professional staff members of a charter school or |
|
1 | cyber charter school shall hold appropriate State certification. |
2 | Employees of a charter school or cyber charter school may |
3 | organize under the act of July 23, 1970 (P.L.563, No.195), known |
4 | as the Public Employe Relations Act. The board of trustees of a |
5 | charter school or cyber charter school shall be considered an |
6 | employer for purposes of Article XI-A. Upon formation of one or |
7 | more collective bargaining units at the school, the board of |
8 | trustees shall bargain with the employees based on this article, |
9 | Article XI-A and the Public Employe Relations Act. Collective |
10 | bargaining units at a charter school or cyber charter school |
11 | shall be separate from any collective bargaining unit of the |
12 | school district in which the charter school is located and shall |
13 | be separate from any other collective bargaining unit. A charter |
14 | school or cyber charter school shall be considered a school |
15 | entity as provided for under section 1161-A for the purpose of |
16 | the secretary's seeking an injunction requiring the charter |
17 | school or cyber charter school to meet the minimum requirements |
18 | for instruction as provided for under this article. |
19 | (b) Charter applications.--Each charter application shall |
20 | list the general qualifications needed to staff any noncertified |
21 | positions. Professional employees who do not hold appropriate |
22 | Pennsylvania certification must present evidence that they: |
23 | (1) Meet the qualifications under sections 1109 and |
24 | 1209. |
25 | (2) Have demonstrated satisfactorily a combination of |
26 | experience, achievement and qualifications as defined in the |
27 | charter school application in basic skills, general |
28 | knowledge, professional knowledge and practice and subject |
29 | matter knowledge in the subject area which an individual will |
30 | teach. |
|
1 | (c) Employees.-- |
2 | (1) All employees of a charter school or cyber charter |
3 | school shall be enrolled in the Public School Employees' |
4 | Retirement System in the same manner as set forth under 24 |
5 | Pa.C.S. § 8301(a) (relating to mandatory and optional |
6 | membership) unless at the time of the application for the |
7 | charter school or cyber charter school the sponsoring |
8 | district or the board of trustees of the charter school or |
9 | cyber charter school has a retirement program which covers |
10 | the employees or the employee is currently enrolled in |
11 | another retirement program. |
12 | (2) The Commonwealth shall make contributions on behalf |
13 | of charter school and cyber charter school employees, and the |
14 | charter school or cyber charter school shall be considered a |
15 | school district and shall make payments by employers and |
16 | payments on account of Social Security as established under |
17 | 24 Pa.C.S. Pt. IV (relating to retirement for school |
18 | employees). For purposes of payments by employers, a charter |
19 | school or cyber charter school shall be considered a school |
20 | district under 24 Pa.C.S. § 8329(a)(1) (relating to payments |
21 | on account of social security deductions from |
22 | appropriations). |
23 | (3) The market value/income aid ratio used in |
24 | calculating payments as prescribed under this subsection |
25 | shall be the market value/income aid ratio for the school |
26 | district in which the charter school is located or, in the |
27 | case of a regional charter school, shall be a composite |
28 | market value/income aid ratio for the participating school |
29 | districts as determined by the department. |
30 | (4) Except as otherwise provided, employees of a charter |
|
1 | school or cyber charter school shall make regular member |
2 | contributions as required for active members under 24 Pa.C.S. |
3 | Pt. IV. |
4 | (5) If the employees of the charter school or cyber |
5 | charter school participate in another retirement plan, those |
6 | employees shall have no concurrent claim on the benefits |
7 | provided to public school employees under 24 Pa.C.S. Pt. IV. |
8 | (6) For purposes of this subsection, a charter school or |
9 | cyber charter school shall be deemed to be a "public school" |
10 | as defined in 24 Pa.C.S. § 8102 (relating to definitions). |
11 | (d) Benefits.--Every employee of a charter school shall be |
12 | provided similar health care benefits as the employee would be |
13 | provided if he or she were an employee of the local district. |
14 | The local board of school directors may require the charter |
15 | school to provide similar terms and conditions with regard to |
16 | health insurance as the collective bargaining agreement of the |
17 | school district to include employee contributions to the |
18 | district's health benefits plan. The charter school shall make |
19 | any required employer's contribution to the district's health |
20 | plan to an insurer, an authorizer or a contractual |
21 | representative of school employees, whichever is appropriate to |
22 | provide the required coverage. |
23 | (e) Leave of absence.--A public school employee of a school |
24 | entity may request a leave of absence for up to five years in |
25 | order to work in a charter school located in the district of |
26 | employment or in a regional charter school in which the |
27 | employing school district is a participant. Approval for a leave |
28 | shall not be unreasonably withheld. |
29 | (f) Temporary employees.--Temporary professional employees |
30 | on leave from a school district may accrue tenure in the |
|
1 | noncharter public school system at the discretion of the local |
2 | board of school directors, the same as they would under Article |
3 | XI if they had continued to be employed by that district. |
4 | Professional employees on leave from a school district shall |
5 | retain their tenure rights, as defined in Article XI, in the |
6 | school entity from which they came. No temporary professional |
7 | employee or professional employee shall have tenure rights |
8 | against a charter school. Both temporary professional employees |
9 | and professional employees shall continue to accrue seniority in |
10 | the school entity from which they came if they return to that |
11 | school entity when the leave ends. |
12 | (g) Professional employees.--Professional employees who hold |
13 | a first-level teaching or administrative certificate may, at |
14 | their option, have the time completed in satisfactory service in |
15 | a charter school or cyber charter school applied to the length |
16 | of service requirements for the next level of certification. |
17 | (h) Right to return.--The following shall apply: |
18 | (1) A temporary professional employee or professional |
19 | employee who leaves employment at a charter school shall have |
20 | the right to return to a comparable position for which the |
21 | person is properly certified in the school entity which |
22 | granted the leave of absence. In the case where a teacher has |
23 | been dismissed by the charter school, the school entity which |
24 | granted the leave of absence is to be provided by the charter |
25 | school with the reasons for the dismissal at the time it |
26 | occurs, a list of any witnesses who were relied on by the |
27 | charter school in moving for dismissal, a description of and |
28 | access to any physical evidence used by the charter school in |
29 | moving for dismissal and a copy of any record developed at |
30 | any dismissal proceeding conducted by the charter school. The |
|
1 | record of the hearing may be admissible in a hearing before |
2 | the school entity which granted the leave of absence. Nothing |
3 | under this section shall affect the authority of the board of |
4 | school directors to initiate proceedings under Article XI if |
5 | the board determines that occurrences at the charter school |
6 | leading to dismissal of a teacher constitute adequate and |
7 | independent grounds for discipline under section 1122. |
8 | (2) No temporary employee or professional employee who |
9 | is leaving employment at a charter school shall be returned |
10 | to a position in the public school district which granted his |
11 | leave of absence until the public school district is in |
12 | receipt of a current criminal history record under section |
13 | 111 and the official clearance statement regarding child |
14 | injury or abuse from the Department of Public Welfare as |
15 | required under 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to |
16 | background checks for employment in schools). |
17 | (i) Criminal history.--All individuals who shall have direct |
18 | contact with students shall be required to submit a report of |
19 | criminal history record information as provided for in section |
20 | 111 prior to accepting a position with the charter school. This |
21 | subsection shall also apply to any individual who volunteers to |
22 | work on a full-time or part-time basis at the charter school or |
23 | cyber charter school. |
24 | (j) Official clearance statement.--All applicants for a |
25 | position as a school employee and any individual who volunteers |
26 | to work on a full-time or part-time basis at a charter school or |
27 | cyber charter school shall be required to submit the official |
28 | clearance statement regarding child injury or abuse from the |
29 | Department of Public Welfare as required under 23 Pa.C.S. Ch. 63 |
30 | Subch. C.2. |
|
1 | Section 1728-C. Funding. |
2 | (a) General rule.--Funding for a charter school or cyber |
3 | charter school shall be provided in the following manner: |
4 | (1) There shall be no tuition charge for a resident or |
5 | nonresident student attending a charter school or cyber |
6 | charter school. |
7 | (2) (i) For nonspecial education students, the charter |
8 | school or cyber charter school shall receive for each |
9 | student enrolled no less than the budgeted total |
10 | expenditure per average daily membership of the prior |
11 | school year, as defined in section 2501(20), minus the |
12 | budgeted expenditures of the district of residence for |
13 | nonpublic school programs; adult education programs; |
14 | community and junior college programs; student |
15 | transportation services; special education programs; |
16 | facilities acquisition, construction and improvement |
17 | services; and other financing uses, including debt |
18 | service and fund transfers as provided in the Manual of |
19 | Accounting and Related Financial Procedures for |
20 | Pennsylvania School Systems established by the |
21 | department. |
22 | (ii) The amount under subparagraph (i) shall be paid |
23 | by the district of residence of each student by deduction |
24 | and transfer from all State payments to the district as |
25 | provided under paragraph (5). If a charter or cyber |
26 | charter school disputes the accuracy of a district's |
27 | calculation under this paragraph, the charter school or |
28 | cyber charter school shall file a notice of the dispute |
29 | with the secretary, who shall hold a hearing to determine |
30 | the accuracy of the district's calculation within 30 days |
|
1 | of the notice. The secretary shall determine the accuracy |
2 | of the district's calculation within 30 days of the |
3 | hearing. The district shall bear the burden of production |
4 | and proof with respect to its calculation under this |
5 | paragraph. The district shall be liable for the |
6 | reasonable legal fees incurred by a charter school or |
7 | cyber charter school if the charter school or cyber |
8 | charter school is the substantially prevailing party |
9 | after a hearing under this paragraph. All decisions of |
10 | the secretary under this paragraph shall be subject to |
11 | appellate review by the Commonwealth Court. |
12 | (3) For special education students, the charter school |
13 | or cyber charter school shall receive for each student |
14 | enrolled the same funding as for each nonspecial education |
15 | student as provided under paragraph (2), plus an additional |
16 | amount determined by dividing the district of residence's |
17 | total special education expenditure by the product of |
18 | multiplying the combined percentage of section 2509.5(k) or a |
19 | subsequent section times the district of residence's total |
20 | average daily membership for the prior school year. This |
21 | amount shall be paid by the district of residence of each |
22 | student by deduction and transfer from all State payments to |
23 | the district as provided in paragraph (5). If a charter or |
24 | cyber charter school disputes the accuracy of a district's |
25 | calculation under this paragraph, the charter school or cyber |
26 | charter school shall file a notice of the dispute with the |
27 | secretary, who shall hold a hearing to determine the accuracy |
28 | of the district's calculation within 30 days of the notice. |
29 | The secretary shall determine the accuracy of the district's |
30 | calculation within 30 days of the hearing. The district shall |
|
1 | bear the burden of production and proof with respect to its |
2 | calculation under this paragraph. The district shall be |
3 | liable for the reasonable legal fees incurred by a charter |
4 | school or cyber charter school if the charter school or cyber |
5 | charter school is the substantially prevailing party after a |
6 | hearing under this paragraph. All decisions of the secretary |
7 | under this paragraph shall be subject to appellate review by |
8 | the Commonwealth Court. |
9 | (4) A charter school or cyber charter school may request |
10 | the intermediate unit or school district in which the school |
11 | is located to provide services to assist the school to |
12 | address the specific needs of exceptional students. The |
13 | intermediate unit or school district shall assist the charter |
14 | school or cyber charter school and bill the school for the |
15 | services. The intermediate unit may not charge the charter |
16 | school or cyber charter school more for any service than it |
17 | charges the constituent districts of the intermediate unit. |
18 | (5) Payments shall be made to the charter school or |
19 | cyber charter school in 12 equal monthly payments, by the |
20 | fifth day of each month, within the operating school year. |
21 | Payments shall be made by the secretary deducting and paying |
22 | to the charter school or cyber charter school the estimated |
23 | amount, as documented by the charter school or cyber charter |
24 | school, from all State payments made to the district, or if |
25 | no payments have been made to the district, from all State |
26 | payments reasonably expected to be made, after receipt of |
27 | documentation from the school as to its enrollment. The |
28 | secretary's obligation to make payments under this paragraph |
29 | is mandatory and ministerial. If there are insufficient State |
30 | payments being made to a district to cover all charter school |
|
1 | and cyber charter school deductions and transfers, the |
2 | district shall be responsible for paying the unpaid balance |
3 | directly to the charter school or cyber charter school by the |
4 | 15th day of each month. A student enrolled in a charter |
5 | school or cyber charter school shall be included in the |
6 | average daily membership of the student's district of |
7 | residence for the purpose of providing basic education |
8 | funding payments and special education funding under Article |
9 | XXV. |
10 | (6) Within 30 days after the secretary transfers the |
11 | funds described under paragraph (5), a school district may |
12 | notify the secretary that the deduction made from State |
13 | payments to the district under this subsection is inaccurate. |
14 | The secretary shall provide the school district with an |
15 | opportunity to be heard concerning whether the charter school |
16 | or cyber charter school documented that its students were |
17 | enrolled in the charter school or cyber charter school, the |
18 | period of time during which each student was enrolled, the |
19 | school district of residence of each student and whether the |
20 | amounts deducted from the school district were accurate. The |
21 | burden of proof and production at the hearing shall be on the |
22 | school district. A hearing shall not be held before the |
23 | secretary deducts and transfers to the charter school or |
24 | cyber charter school the amount estimated by the charter |
25 | school or cyber charter school. The district shall be liable |
26 | for the reasonable legal fees incurred by a charter school or |
27 | cyber charter school if the charter school or cyber charter |
28 | school is the substantially prevailing party after a hearing |
29 | under this paragraph. All decisions of the secretary under |
30 | this paragraph shall be subject to appellate review by the |
|
1 | Commonwealth Court. Supersedeas shall not be granted to the |
2 | secretary or to a school district on an appeal from the |
3 | decision of the secretary under this paragraph. Absent a |
4 | court order, the secretary shall not hold any payments in |
5 | escrow. |
6 | (b) Temporary financial assistance.--The Commonwealth shall |
7 | provide temporary financial assistance to a school district due |
8 | to the enrollment of students in a charter school or cyber |
9 | charter school who attended a nonpublic school in the prior |
10 | school year in order to offset the additional costs directly |
11 | related to the enrollment of those students in a public charter |
12 | school or cyber charter school. The Commonwealth shall pay the |
13 | school district of residence of a student enrolled in a |
14 | nonpublic school in the prior school year who is attending a |
15 | charter school or cyber charter school an amount equal to the |
16 | school district of residence's basic education subsidy for the |
17 | current school year divided by the district's average daily |
18 | membership for the prior school year. This payment shall occur |
19 | only for the first year of the attendance of the student in a |
20 | charter school or cyber charter school, starting with school |
21 | year 1997-1998. Total payments of temporary financial assistance |
22 | to school districts on behalf of a student enrolling in a |
23 | charter school or cyber charter school who attended a nonpublic |
24 | school in the prior school year shall be limited to funds |
25 | appropriated for this program in a fiscal year. If the total of |
26 | the amount needed for all students enrolled in a nonpublic |
27 | school in the prior school year who enroll in a charter school |
28 | or cyber charter school exceeds the appropriation for the |
29 | temporary financial assistance program, the amount paid to a |
30 | school district for each qualifying student shall be pro rata |
|
1 | reduced. |
2 | (c) Gifts and donations.--It shall be lawful for any charter |
3 | school or cyber charter school to receive, hold, manage and use, |
4 | absolutely or in trust, any devise, bequest, grant, endowment, |
5 | gift or donation of any property, real or personal and mixed, |
6 | which shall be made to the charter school or cyber charter |
7 | school for any purpose of this article. |
8 | (d) Requests or demands for gifts.--It shall be unlawful for |
9 | any trustee of a charter school, cyber charter school or any |
10 | board of trustees of a charter school or cyber charter school or |
11 | any other person affiliated in any way with a charter school or |
12 | cyber charter school to demand or request, directly or |
13 | indirectly, any gift, donation or contribution of any kind from |
14 | any parent, teacher, employee or any other person affiliated |
15 | with the school as a condition for employment or enrollment and |
16 | continued attendance of any pupil. Any donation, gift or |
17 | contribution received by a charter school and cyber charter |
18 | school shall be given freely and voluntarily. |
19 | (e) Discounts.--A cyber charter school shall not provide |
20 | discounts to a school district or waive payments under this |
21 | section for any student. |
22 | Section 1729-C. Transportation. |
23 | (a) General rule.-- |
24 | (1) Except as provided under paragraph (2), students who |
25 | attend a charter school located in their school district of |
26 | residence, a regional charter school of which the school |
27 | district is a part or a charter school located outside |
28 | district boundaries at a distance not exceeding ten miles by |
29 | the nearest public highway shall be provided free |
30 | transportation to the charter school by their school district |
|
1 | of residence on the dates and periods that the charter school |
2 | is in session whether or not transportation is provided on |
3 | the dates and periods to students attending schools of the |
4 | district. |
5 | (2) Transportation shall not be required for elementary |
6 | students, including kindergarten students, residing within |
7 | 1.5 miles or for secondary students residing within 2 miles |
8 | of the nearest public highway from the charter school in |
9 | which the students are enrolled unless the road or traffic |
10 | conditions are such that walking constitutes a hazard to the |
11 | safety of the students when certified by the Department of |
12 | Transportation, except that if the school district provides |
13 | transportation to the public schools of the school district |
14 | for elementary students, including kindergarten students, |
15 | residing within 1.5 miles or for secondary students residing |
16 | within 2 miles of the nearest public highway under |
17 | nonhazardous conditions, transportation shall also be |
18 | provided to charter schools under the same conditions. |
19 | (3) Districts providing transportation to a charter |
20 | school outside the district and, for the 2007-2008 school |
21 | year and each school year thereafter, districts providing |
22 | transportation to a charter school within the district shall |
23 | be eligible for payments under section 2509.3 for each public |
24 | school student transported. A school district shall not be |
25 | responsible for providing transportation to a charter school |
26 | located outside the borders of this Commonwealth. |
27 | (4) If a school district does not provide transportation |
28 | to a charter school or cyber charter school student because |
29 | the student's placement is outside the district boundaries at |
30 | a distance of more than ten miles by the nearest public |
|
1 | highway, when determining the per pupil subsidy to be paid |
2 | under section 1728-C by the school district to the charter |
3 | school or cyber charter school for that student, the district |
4 | shall not be entitled to subtract its student transportation |
5 | services expenses. |
6 | (b) Additional rules.--In addition to any other requirements |
7 | under this section, school districts of the first class shall |
8 | provide transportation to students who attend a charter school |
9 | if they are the same age or are enrolled in the same grade, |
10 | grades or their grade equivalents as any of the students of the |
11 | school district for whom transportation is provided under any |
12 | program or policy to the schools of the school district. |
13 | (c) Students with disabilities.--In addition to any other |
14 | requirements under this section, the school district of |
15 | residence of a student who is eligible under the Individuals |
16 | with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § |
17 | 1400 et seq.) or is a protected student with disabilities under |
18 | section 504 of the Rehabilitation Act of 1973 (Public Law |
19 | 93-112, 29 U.S.C. § 701 et seq.) who is enrolled in a charter |
20 | school or a cyber charter school shall be responsible for |
21 | providing free transportation to the charter school or cyber |
22 | charter school student to any alternative location, school or |
23 | building in which the charter school or cyber charter school |
24 | student has been alternatively placed, provided that the |
25 | alternative locations, schools or buildings are located within |
26 | the district boundaries or outside the district boundaries at a |
27 | distance not exceeding ten miles by the nearest public highway. |
28 | The transportation shall be provided on the dates and periods as |
29 | required by the student's individualized education program or |
30 | section 504 of the Rehabilitation Act of 1973 service agreement |
|
1 | whether or not transportation is provided on the dates and |
2 | periods to students attending schools of the district. If a |
3 | school district does not provide transportation to an |
4 | alternatively placed student because the student's alternative |
5 | placement is outside the district boundaries at a distance of |
6 | more than ten miles by the nearest public highway, when |
7 | determining the per pupil subsidy to be paid under section 1728- |
8 | C by the school district to the charter school or cyber charter |
9 | school for that student, the district shall not be entitled to |
10 | subtract its student transportation services expenses. |
11 | (d) Payment.--If the secretary determines that a school |
12 | district is not providing the required transportation to |
13 | students to the charter school, the department shall pay |
14 | directly to the charter school funds for costs incurred in the |
15 | transportation of its students. Payments to a charter school |
16 | shall be determined in the following manner: for each eligible |
17 | student transported, the charter school shall receive a payment |
18 | equal to the total expenditures for transportation of the school |
19 | district divided by the total number of school students |
20 | transported by the school district under any program or policy. |
21 | Within 30 days after receipt of the documentation from the |
22 | charter school, the secretary shall deduct and pay the charter |
23 | school the estimated amount, as documented by the charter |
24 | school, from the State payment made to the district for |
25 | transportation. The district from which the estimated |
26 | transportation payment has been deducted may request a hearing |
27 | from the department which the secretary shall hold within 30 |
28 | days of the request. The secretary shall render a decision after |
29 | the hearing and shall not delegate this duty unless there is a |
30 | conflict from which he must recuse himself after full |
|
1 | disclosure. The district shall be liable for the reasonable |
2 | legal fees incurred by a charter school in attempting to obtain |
3 | payment by the district. Supersedeas shall not be granted to the |
4 | department or the school district. Absent a court order, the |
5 | department shall not hold any payments in escrow. |
6 | (e) Deduction.--The department shall deduct the amount paid |
7 | to the charter school under subsection (b) from all payments |
8 | made to the district. |
9 | (f) Current transportation policy.--A school district of the |
10 | first class shall submit a copy of its current transportation |
11 | policy to the department no later than August 1 of each year. |
12 | Section 1730-C. Tort liability. |
13 | For purposes of tort liability, employees of the charter |
14 | school or cyber charter school shall be considered public |
15 | employees, and the board of trustees shall be considered the |
16 | public employer in the same manner as political subdivisions and |
17 | local agencies. The board of trustees of a charter school and |
18 | cyber charter school and the charter school or cyber charter |
19 | school shall be solely liable for all damages of any kind |
20 | resulting from any legal challenge involving the operation of a |
21 | charter school or cyber charter school. Notwithstanding this |
22 | section, the local board of directors of a school entity or an |
23 | authorizer shall not be held liable for any activity or |
24 | operation related to the program of the charter school or cyber |
25 | charter school. |
26 | Section 1731-C. Annual reports and assessments. |
27 | (a) General rule.--The authorizer shall annually assess on a |
28 | standard form developed by the commission whether each charter |
29 | school or cyber charter school is meeting the goals of its |
30 | charter and shall conduct a comprehensive review prior to |
|
1 | granting a ten-year renewal of the charter. The authorizer shall |
2 | have ongoing access to the records and facilities of the charter |
3 | school and cyber charter school to ensure that the school is in |
4 | compliance with its charter, this article and the requirements |
5 | for testing, civil rights and student health and safety are |
6 | being met. Ongoing reasonable access to a charter school or |
7 | cyber charter school's records shall mean that the authorizer |
8 | shall have access to records such as financial reports, |
9 | financial audits, aggregate standardized test scores without |
10 | student identifying information and teacher certification and |
11 | personnel records. Schools and their authorizers shall comply |
12 | fully with the requirements of the Family Educational Rights and |
13 | Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and |
14 | associated regulations. No personally identifiable information |
15 | from education records shall be provided by the charter school |
16 | or cyber charter school to its authorizer except in compliance |
17 | with the Family Educational Rights and Privacy Act of 1974. |
18 | (b) Annual report.--In order to facilitate the authorizer's |
19 | review and secretary's report, each charter school and cyber |
20 | charter school shall submit an annual report on a standard form |
21 | developed by the commission no later than September 1 of each |
22 | year to the authorizer and the commission in the form prescribed |
23 | by the commission. Within ten days of receipt of the annual |
24 | report, the authorizer and the secretary shall each certify to |
25 | the charter school and cyber charter school that the annual |
26 | report has been received with an indication of the date of |
27 | receipt. Within 30 days of the date of receipt, the authorizer |
28 | and the secretary shall each certify to the charter school or |
29 | cyber charter school that the annual report has been reviewed |
30 | and is complete, or alternatively, has been reviewed and is |
|
1 | missing specific information referenced in the certification. |
2 | (c) Independent audit committee.--Every charter school or |
3 | cyber charter school shall form an independent audit committee |
4 | of its board members which shall review at the close of each |
5 | fiscal year a complete certified audit of the operations of the |
6 | charter school or cyber charter school. The audit shall be |
7 | conducted by a qualified independent certified public accountant |
8 | as selected from a list of approved providers established by the |
9 | commission. The audit shall be conducted under generally |
10 | accepted audit standards of the Governmental Accounting |
11 | Standards Board (GASB) and shall include the following: |
12 | (1) An enrollment test to verify the accuracy of student |
13 | enrollment and reporting to the State. |
14 | (2) Full review of expense reimbursements for board |
15 | members and administrators, including sampling of all |
16 | reimbursements. |
17 | (3) Review of internal controls, including review of |
18 | receipts and disbursements. |
19 | (4) Review of annual Federal and State tax filings, |
20 | including the Internal Revenue Service Code Form 990, Return |
21 | of Organization Exempt from Income Tax and all related |
22 | schedules and appendices for the charter school and charter |
23 | school foundation, if applicable. |
24 | (5) Review of the financial statements of any charter |
25 | school foundation which shall be included in the independent |
26 | audit. |
27 | (6) Review the selection and acceptance process of all |
28 | contracts publicly bid pursuant to section 751. |
29 | (7) Review of all board policies and procedures with |
30 | regard to internal controls, code of ethics, conflicts of |
|
1 | interest, whistle-blower protections, complaints from parents |
2 | or the public, compliance with 65 Pa.C.S. Ch. 7 (relating to |
3 | open meetings), compliance with the act of February 14, 2008 |
4 | (P.L.6, No.3), known as the Right-to-Know Law, finances, |
5 | budgeting, audits, public bidding and bonding. |
6 | (8) Any other test the commission deems appropriate. |
7 | (d) Public document.--The certified audit under subsection |
8 | (c) is a public document and shall be made available on the |
9 | commission's Internet website and the charter school or cyber |
10 | charter school's Internet website, if applicable. |
11 | (e) Annual audit.--Charter schools and cyber charter schools |
12 | may be subject to an annual audit by the commission or the |
13 | Auditor General, in addition to any other audits required by |
14 | Federal law or this article. |
15 | (f) Annual budget.--Charter schools and cyber charter |
16 | schools shall annually provide a copy of the annual budget for |
17 | the operation of the school that identifies the following: |
18 | (1) The source of funding for all expenditures as part |
19 | of its reporting under subsection (a). |
20 | (2) Where funding is provided by a charter school |
21 | foundation, the amount of funds and a description of the use |
22 | of the funds. |
23 | (3) The salaries of all administrators of the charter |
24 | school or cyber charter school. |
25 | (g) Tax filings.--Notwithstanding any other provision of |
26 | law, the charter school, cyber charter school and any affiliated |
27 | charter school foundations shall make copies of its annual |
28 | Federal and State tax filings available upon request and on the |
29 | foundation's or charter school's Internet website, if |
30 | applicable, including Internal Revenue Service Code Form 990, |
|
1 | Return of Organization Exempt from Income Tax and all related |
2 | schedules and appendices. The charter school foundation shall |
3 | also make copies of its annual budget available upon request and |
4 | on the foundation's or the charter school's Internet website |
5 | within 30 days of the close of the foundation's fiscal year. The |
6 | annual budget must include the salaries of all employees of the |
7 | charter school foundation. |
8 | Section 1732-C. Desegregation orders. |
9 | If a school district is operating under a desegregation plan |
10 | approved by the Pennsylvania Human Relations Commission or a |
11 | desegregation order by a Federal or State court, an authorizer |
12 | shall not approve a charter school or cyber charter school |
13 | application if the school would place the school district in |
14 | noncompliance with its desegregation order. |
15 | Section 1733-C. Applicable provisions. |
16 | (a) Charter and cyber charter schools.--Charter schools and |
17 | cyber charter schools shall be subject to the following: |
18 | (1) Sections 108, 110, 111, 321, 325, 326, 327, 431, |
19 | 436, 443, 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, |
20 | 752, 753, 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), |
21 | 1205.1, 1205.2, 1205.3, 1205.5, 1301, 1302, 1310, 1317, |
22 | 1317.1, 1317.2, 1318, 1327, 1330, 1332, 1513, 1517, 1518, |
23 | 1521, 1523, 1531, 1547, 2014-A, Article XIII-A and Article |
24 | XIV. |
25 | (2) The act of July 17, 1961 (P.L.776, No.341), known as |
26 | the Pennsylvania Fair Educational Opportunities Act. |
27 | (3) The act of July 19, 1965 (P.L.215, No.116), entitled |
28 | "An act providing for the use of eye protective devices by |
29 | persons engaged in hazardous activities or exposed to known |
30 | dangers in schools, colleges and universities." |
|
1 | (4) Section 4 of the act of January 25, 1966 (1965 |
2 | P.L.1546, No.541), entitled "An act providing scholarships |
3 | and providing funds to secure Federal funds for qualified |
4 | students of the Commonwealth of Pennsylvania who need |
5 | financial assistance to attend postsecondary institutions of |
6 | higher learning, making an appropriation, and providing for |
7 | the administration of this act." |
8 | (5) The act of July 12, 1972 (P.L.765, No.181), entitled |
9 | "An act relating to drugs and alcohol and their abuse, |
10 | providing for projects and programs and grants to educational |
11 | agencies, other public or private agencies, institutions or |
12 | organizations." |
13 | (6) The act of December 15, 1986 (P.L.1595, No.175), |
14 | known as the Antihazing Law. |
15 | (7) The act of July 19, 1957 (P.L.1017, No.451), known |
16 | as the State Adverse Interest Act. |
17 | (8) The act of February 14, 2008 (P.L.6, No.3), known as |
18 | the Right-to-Know Law. |
19 | (9) 65 Pa.C.S. Ch. 7 (relating to open meetings). |
20 | (10) 65 Pa.C.S. Ch. 11 (relating to ethics standards and |
21 | financial disclosure). |
22 | (b) Charter schools.--Charter schools shall be subject to |
23 | sections 1205.4, 1303 and 1317.3. |
24 | (c) Regulations.--Charter schools and cyber charter schools |
25 | shall be subject to the following provisions of 22 Pa. Code |
26 | (relating to education): |
27 | (1) Ch. 4 (relating to academic standards and |
28 | assessment). |
29 | (2) Ch. 11 (relating to student attendance). |
30 | (3) Ch. 12 (relating to students and student services). |
|
1 | (4) Section 32.3 (relating to assurances). |
2 | (5) Section 121.3 (relating to discrimination |
3 | prohibited). |
4 | (6) Section 235.4 (relating to practices). |
5 | (7) Section 235.8 (relating to civil rights). |
6 | (8) Ch. 711 (relating to charter school and cyber |
7 | charter school services and programs for children with |
8 | disabilities). |
9 | (d) Additional regulations.--The commission shall have |
10 | authority and the responsibility to ensure that charter schools |
11 | and cyber charter schools comply with Federal laws and |
12 | regulations governing children with disabilities. The commission |
13 | shall promulgate regulations to implement this provision. |
14 | Section 1734-C. Effect on certain existing charter schools and |
15 | cyber charter schools. |
16 | (a) General rule.--A charter school approved by a local |
17 | board of school directors, a special board of control |
18 | established under section 692 or a School Reform Commission |
19 | established under section 696 prior to the effective date of |
20 | this section shall continue to operate under the current |
21 | charter. All charter schools approved after the effective date |
22 | of this section shall be in full compliance with this article. |
23 | (b) Expiration of charters approved under this article.-- |
24 | Upon expiration of its charter, a charter school approved under |
25 | section 1718-C or 1719-C shall seek renewal of its charter from |
26 | the appropriate authorizer. The charter shall be amended as |
27 | needed to reflect the requirements of this article. |
28 | (c) Transfer of charter.--A charter school approved by a |
29 | local board of school directors, a special board of control |
30 | established under section 692 or a School Reform Commission |
|
1 | established under section 696 prior to the effective date of |
2 | this section may transfer its charter to the oversight of the |
3 | commission at any time. The board of trustees of the charter |
4 | school shall submit the charter school's current charter and |
5 | annual report to the commission and request that the commission |
6 | become the authorizer of the charter school. Upon receipt of a |
7 | transfer request and all necessary documentation as required by |
8 | the commission, the request shall be deemed approved unless, |
9 | within 30 days of that date, the commission schedules a public |
10 | hearing concerning the transfer request. The transfer shall be |
11 | presumed approved and be denied only if the commission |
12 | determines that the charter school would otherwise be subject to |
13 | revocation or nonrenewal pursuant to the criteria in section |
14 | 1723-C(c). The commission shall conduct the hearing under |
15 | section 1720-C, present evidence in support of the transfer |
16 | denial stated in its notice and give the charter school |
17 | reasonable opportunity to offer testimony before taking final |
18 | action. If a hearing does occur relating to a charter school's |
19 | transfer request, formal action approving or denying the |
20 | transfer shall be taken by the commission at a public meeting |
21 | under section 1720-C and 65 Pa.C.S. Ch. 7 (relating to open |
22 | meetings) after the public has had 30 days to provide comments |
23 | to the members of the commission. If the commission approves the |
24 | transfer, the commission shall provide notification by certified |
25 | board resolution to the local board of school directors, the |
26 | special board of control established under section 692 or the |
27 | School Reform Commission established under section 696 which |
28 | initially approved the charter. No later than 30 days after |
29 | receipt of the certified board resolution, the local board of |
30 | school directors, the special board of control established under |
|
1 | section 692 or the School Reform Commission established under |
2 | section 696 which initially approved the charter shall transfer |
3 | to the commission all records regarding oversight of the charter |
4 | school. The school's charter term shall remain in effect until |
5 | the time of expiration, at which time the commission shall |
6 | undertake a comprehensive review prior to granting a ten-year |
7 | charter renewal. The Commonwealth Court shall have exclusive |
8 | review of an appeal by a charter school of a decision made by |
9 | the commission to deny a charter transfer. |
10 | (d) Existing schools.--A cyber charter school approved by |
11 | the department prior to the effective date of this section shall |
12 | continue to operate under the current charter, but all oversight |
13 | shall be transferred to the commission. |
14 | (e) Expiration of existing charters.--Upon expiration of its |
15 | charter, a cyber charter school approved prior to the effective |
16 | date of this section shall seek renewal of its charter from the |
17 | commission under this article. The charter shall be amended as |
18 | needed to reflect the requirements of this article. All cyber |
19 | charter schools approved or renewed after the effective date of |
20 | this section shall be in full compliance with this article. |
21 | (f) Merge.-- |
22 | (1) A charter school that was approved by a local board |
23 | of school directors, a special board of control established |
24 | under section 692 or a School Reform Commission established |
25 | under section 696 prior to the effective date of this |
26 | section, which chooses to merge into a multiple charter |
27 | organization under section 1735-C, may apply to the |
28 | commission to consolidate all affiliated school charters into |
29 | a single charter within one year after the effective date of |
30 | this section. |
|
1 | (2) The board of trustees of each charter school shall |
2 | jointly submit their charter school's current charter and |
3 | annual report to the commission and request that the |
4 | commission become the authorizer of the charter school. |
5 | (3) Upon receipt of the consolidation and transfer |
6 | request and all necessary documentation as required by the |
7 | commission, the commission shall have 30 days to approve or |
8 | deny the consolidation and transfer request by a majority |
9 | vote. If the commission approves the consolidation and |
10 | transfer, the commission shall provide notification by |
11 | certified board resolution to the local board of school |
12 | directors, the special board of control established under |
13 | section 692 or the School Reform Commission established under |
14 | section 696 which initially approved the charter. |
15 | (4) No later than 30 days after the receipt of the |
16 | certified board resolution, the local board of school |
17 | directors, the special board of control established under |
18 | section 692 or the School Reform Commission established under |
19 | section 696 which initially approved the charter shall |
20 | transfer to the commission all records regarding oversight of |
21 | the charter school. |
22 | (5) The school's charter term shall remain in effect |
23 | until the time of expiration, at which time the commission |
24 | will undertake a comprehensive review prior to granting a |
25 | ten-year charter renewal. |
26 | Section 1735-C. Multiple charter school organization. |
27 | (a) Establishment.--Subject to the requirements of section |
28 | 1734-C(f), two or more charter schools may merge or consolidate |
29 | under 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit |
30 | corporations) into a multiple charter school organization. The |
|
1 | multiple charter school organization shall be granted a single |
2 | charter to operate two or more individual charter schools under |
3 | the oversight of a single board of trustees and a chief |
4 | administrator who shall oversee and manage the operation of the |
5 | individual charter schools under its organization. The multiple |
6 | charter school organization shall be considered a charter school |
7 | as defined under this article and shall be subject to all of the |
8 | requirements of this article unless otherwise provided for under |
9 | this section. Nothing under this section shall be construed to |
10 | affect or change the terms or conditions of any individual |
11 | charter previously granted that is consolidated under this |
12 | section. |
13 | (b) Application.--The commission shall develop and issue a |
14 | standard application form for multiple charter school |
15 | organization applicants, which shall contain the following |
16 | information: |
17 | (1) The identification of the multiple charter school |
18 | organization. |
19 | (2) The names of the charter schools seeking merger or |
20 | consolidation under subsection (a). |
21 | (3) A copy of the approved charters of each charter |
22 | school agreeing to merge or consolidate administrative |
23 | functions with the commission under subsection (a). |
24 | (4) An organization chart clearly presenting the |
25 | proposed governance structure of the multiple charter school |
26 | organization, including lines of authority and reporting |
27 | between the board of trustees, chief administrator, |
28 | administrators, staff and any educational management service |
29 | provider that will play a role in providing management |
30 | services to the charter schools under its jurisdiction. |
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1 | (5) A clear description of the roles and |
2 | responsibilities for the board of trustees, chief |
3 | administrator, administrators and any other entities, |
4 | including a charter school foundation, shown in the |
5 | organization chart. |
6 | (6) A clear description and method for the appointment |
7 | or election of members of the board of trustees. |
8 | (7) Standards for board performance, including |
9 | compliance with all applicable laws, regulations and terms of |
10 | the charter. |
11 | (8) Enrollment procedures for each individual charter |
12 | school included in its charter. |
13 | (9) Any other information as deemed necessary by the |
14 | commission. |
15 | (c) Authorization.--The commission shall serve as the legal |
16 | authorizer of a multiple charter school organization. |
17 | (d) Special conditions.--A multiple charter school |
18 | organization may: |
19 | (1) Participate in the assessment systems in the same |
20 | manner in which a school district participates, and its |
21 | individual charter schools shall participate in such |
22 | assessment systems in the same manner as individual schools |
23 | in school districts. All data gathered for purposes of |
24 | evaluation shall be gathered in a like manner. |
25 | (2) Add new charter schools to its organization via the |
26 | application process included under section 1721-C. |
27 | (3) Add existing charter schools to its organization or |
28 | amend the individual charters of each charter school under |
29 | its organization via the amendment process included under |
30 | section 1722-C. |
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1 | (4) Allow students enrolled in an individual charter |
2 | school to matriculate to another individual charter school |
3 | under its oversight so as to complete a course of instruction |
4 | in an educational institution from kindergarten through grade |
5 | 12. |
6 | (e) Annual reports.--The annual report required under |
7 | section 1731-C shall be provided by the board of trustees and |
8 | chief administrator of the multiple charter school organization |
9 | and shall include all information required to provide a basis |
10 | for evaluation for renewal of each individual charter school |
11 | under the organization's oversight. |
12 | (f) Renewal.--A multiple charter school organization shall |
13 | be regarded as the holder of the charter of each individual |
14 | charter school under its oversight, and each such previously or |
15 | subsequently awarded charter shall be subject to nonrenewal or |
16 | revocation in accordance with this act. The nonrenewal or |
17 | revocation shall not affect the status of a charter awarded for |
18 | any other individual charter school under its oversight. |
19 | Section 1736-C. Special cyber charter school requirements. |
20 | (a) Special financial requirements.--A cyber charter school |
21 | shall not: |
22 | (1) Except as provided for under subsection (b), provide |
23 | payments to parents or guardians for the purchase of |
24 | instructional materials. |
25 | (2) Except as compensation for the provision of specific |
26 | services, enter into agreements to provide funds to a school |
27 | entity. |
28 | (b) Materials.--For each student enrolled, a cyber charter |
29 | school shall provide all instructional materials and equipment, |
30 | such as a computer, computer monitor and printer and shall |
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1 | provide, or provide reimbursement for, technology and services |
2 | necessary for online delivery of the curriculum and instruction. |
3 | The Commonwealth shall not be liable for reimbursement owed to |
4 | students, parents or guardians by a cyber charter school. |
5 | (c) Information to school districts.--Upon request in |
6 | writing or electronically, a cyber charter school shall make |
7 | available to each student's school district of residence the |
8 | following: |
9 | (1) A copy of the charter. |
10 | (2) A copy of the cyber charter school application. |
11 | (3) A copy of all annual reports prepared by the cyber |
12 | charter school. |
13 | (4) A list of all students from that school district |
14 | enrolled in the cyber charter school. |
15 | (d) Information to parent or guardian.--Upon request and |
16 | prior to the student's first day in a cyber charter school, the |
17 | cyber charter school shall, either in writing or electronically, |
18 | provide to the parent or guardian of a student the following: |
19 | (1) A list and brief description of the courses of |
20 | instruction the student will receive. The list shall be |
21 | updated annually for each grade level in which the student is |
22 | enrolled. |
23 | (2) A description of the lessons and activities to be |
24 | offered both online and offline. |
25 | (3) The manner in which attendance will be reported and |
26 | work will be authenticated. |
27 | (4) A list of all standardized tests the student will be |
28 | required to take during the school year and the place where |
29 | the test will be administered, if available. |
30 | (5) The meetings to be held during the school year |
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1 | between a parent or guardian and a teacher and among other |
2 | school officials or parents or guardians and the manner in |
3 | which the parent or guardian will be notified of the time and |
4 | place for the meeting. |
5 | (6) The address of the cyber charter school and the |
6 | name, telephone number and e-mail address of the school |
7 | administrator and other school personnel. |
8 | (7) A list of any extracurricular activities provided by |
9 | the cyber charter school. |
10 | (8) The names of the student's teachers, if available, |
11 | and the manner in which each teacher can be contacted by the |
12 | student or the parent or guardian. |
13 | (9) A list of all services that will be provided to the |
14 | student by the cyber charter school. |
15 | (10) Copies of policies relating to computer security |
16 | and privacy, truancy, absences, discipline and withdrawal or |
17 | expulsion of students. |
18 | (11) Information concerning: |
19 | (i) The cyber charter school's professional staff, |
20 | including the number of staff personnel, their education |
21 | level and experience. |
22 | (ii) The cyber charter school's performance on the |
23 | Pennsylvania System of School Assessment and other |
24 | standardized test scores. |
25 | (12) Information regarding the proper usage of equipment |
26 | and materials and the process for returning equipment and |
27 | materials supplied to the students by the cyber charter |
28 | school. A parent or guardian shall acknowledge, either in |
29 | writing or electronically, the receipt of this information. |
30 | (13) A description of the school calendar, including, |
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1 | but not limited to, the time frame that will constitute a |
2 | school year and a school week, holidays and term breaks. |
3 | (e) Offices and facilities.--A cyber charter school shall |
4 | maintain an administrative office within this Commonwealth where |
5 | all student records shall be maintained at all times and shall |
6 | provide the commission with the addresses of all offices and |
7 | facilities of the cyber charter school, ownership thereof and |
8 | any lease arrangements. The administrative office of the cyber |
9 | charter school shall be considered to be the principal place of |
10 | business for service of process for any action brought against |
11 | the cyber charter school or cyber charter school staff members. |
12 | The cyber charter school shall notify the commission of any |
13 | changes in this information within ten days of the change. |
14 | (f) Applicable law.--Any action taken against the cyber |
15 | charter school, its successors or assigns or its employees, |
16 | including any cyber charter school staff member as defined in |
17 | the act of act of December 12, 1973 (P.L.397, No.141), known as |
18 | the Professional Educator Discipline Act, shall be governed by |
19 | the laws of this Commonwealth. If the department initiates an |
20 | investigation or pursues an action under the Professional |
21 | Educator Discipline Act involving a current or former charter |
22 | school staff member outside this Commonwealth, reasonable |
23 | expenses incurred by the department in the investigation or |
24 | action shall be paid by the cyber charter school which employed |
25 | that staff member at the time of the alleged misconduct. |
26 | (g) School district and intermediate unit access for |
27 | testing.--The intermediate unit or school district in which a |
28 | student enrolled in a cyber charter school resides shall provide |
29 | the cyber charter school with reasonable access to its |
30 | facilities for administration of all required standardized |
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1 | tests. |
2 | Section 5. This act shall take effect as follows: |
3 | (1) The following provisions shall take effect |
4 | immediately: |
5 | (i) Section 1706-C of the act. |
6 | (ii) This section. |
7 | (2) The following provisions shall take effect in 120 |
8 | days: |
9 | (i) Section 1704-C of the act. |
10 | (ii) Section 1705-C of the act. |
11 | (iii) Section 1734-C of the act. |
12 | (3) The remainder of this act shall take effect July 1, |
13 | 2012, or immediately, whichever is later. |
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