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22 | No.22), are repealed: |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