PRIOR PRINTER'S NO. 1704

PRINTER'S NO. 1820

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1422

Session of

2023

INTRODUCED BY CIRESI, MADDEN, ISAACSON, SMITH-WADE-EL,

SCHLOSSBERG, HANBIDGE, WEBSTER, GUENST, SANCHEZ, D. WILLIAMS,

HOHENSTEIN, HADDOCK, PROBST, HOWARD, DELLOSO, ADAMS, HILL-

JULY 5, 2023

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in preliminary provisions, providing

for advertising and sponsorships; in charter schools, further

providing for definitions and for funding for charter

schools, providing for funding for cyber charter schools, for

requirements and prohibitions and for school district and

intermediate unit responsibilities, providing for access to

other schools' facilities, further providing for

establishment of cyber charter school, providing for

renewals, for charter amendments and for causes for

nonrenewal, revocation or termination, further providing for

State Charter School Appeal Board review, for cyber charter

school application and for enrollment and notification,

providing for enrollment parameters and for enrollee wellness

checks and further providing for applicability of other

Section 130. Advertising and Sponsorships.--(a) A paid

media advertisement by a public school entity that refers to the

cost of tuition, technology, transportation or other expenses

shall not advertise those expenses as free, and any reference to

tuition, technology, transportation or other expenses must

indicate that the cost is covered by taxpayer dollars.

(b) A public school entity shall be prohibited from paying

for or utilizing any other form of consideration to sponsor a

public event.

(c) No later than August 1, 2024, each public school entity

(d) For purposes of this section, the following words and

phrases shall have the following meanings:

"Paid media advertisement." The term includes a television,

radio, newspaper, magazine or movie theater advertisement,

billboard, bus poster or Internet-based or other commercial

method that may promote enrollment in a public school entity.

"Public event." An activity, event or gathering that members

of the public may attend, has been publicly announced or

publicized in advance, and for which an admission fee or cost

may be required. The term includes concerts, performances,

school entity as defined in section 1703-A, intermediate unit or

area career and technical school.

Section 2. Section 1703-A introductory paragraph and the

definitions of "appeal board," "chief executive officer" and

"school district of residence" of the act are amended and the

section is amended by adding definitions to read:

Section 1703-A. Definitions.--[As used in this article,] The

following words and phrases when used in this article shall have

the meanings given to them in this section unless the context

clearly indicates otherwise:

Board established [by this article] under section 1721-A.

* * *

"Charter school entity" shall mean a charter school, regional

charter school, cyber charter school or multiple charter school

organization.

"Charter school foundation" shall mean a nonprofit

organization qualified as Federally tax exempt under section

501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-

514, 26 U.S.C. § 501(c)(3)), that provides funding or resources

or otherwise serves to support a charter school entity .

article.

* * *

"Compensation" shall include money or other remuneration

received from a charter school entity.

* * *

"Educational management service provider" shall mean a

nonprofit or for-profit charter management organization,

education management organization, school design provider,

business manager or any other entity or individual that enters

into a contract or agreement with a charter school entity to

enter a grade level offered by the charter school entity and

meets the requirements of 22 Pa. Code §§ 11.12 (relating to

school age), 11.13 (relating to compulsory school age), 11.14

(relating to admission to kindergarten when provided), 11.15

(relating to admission of beginners), 11.16 (relating to early

admission of beginners) and 12.1 (relating to free education and

attendance) and student residency requirements.

"Emergency" shall mean a manmade or natural disaster. The

term includes a fire, flood, environmental hazard, damage to a

school building or other circumstance that impacts or could

stepchild, spouse, domestic partner, brother, sister,

stepbrother, stepsister, grandparent, grandchild, parent-in-law,

brother-in-law, sister-in-law, aunt, uncle, or first cousin.

* * *

"Multiple charter school organization" shall mean a public,

nonprofit corporation under the oversight of a single board of

trustees and a chief administrator that operates two (2) or more

charter schools under section 1729.1-A.

"Nonrelated" shall mean an individual who is not a family

member.

in this Commonwealth in which [the parents or guardians of a

child reside.] a child resides as determined under section 1302

and 22 Pa. Code § 11.11(a)(1) (relating to entitlement of

resident children to attend public schools).

* * *

Section 3. Section 1725-A(a) introductory paragraph of the

act is amended to read:

Section 1725-A. Funding for Charter Schools.--(a) [Funding]

Except as provided in section 1725.1-A, funding for a charter

school shall be provided in the following manner:

funding amounts for students attending a cyber charter school

shall be calculated in accordance with this section.

(b) A cyber charter school may not charge tuition for a

student attending a cyber charter school. Beginning in the 2024-

2025 school year, a cyber charter school shall be paid by a

student's school district of residence using the Statewide Cyber

Charter School Tuition Rate.

(c) For the 2024-2025, 2025-2026 and 2026-2027 school years,

for non-special education students, a cyber charter school shall

receive for each student enrolled eight thousand dollars

years. The department shall develop guidelines for determining

the average annual property tax rate increase.

(e) On or before April 30, 2027, and by April 30 of each

third year thereafter, the department shall calculate and post

on its publicly accessible Internet website the Statewide Cyber

Charter School Tuition Rate payable by a student's school

district of residence under subsection (d) for the next school

year THREE (3) SCHOOL YEARS .

(f) For special education students, a cyber charter school

shall receive the Statewide Cyber Charter School Tuition Rate

(2) If the cyber charter school determines that the annual

expenditure for providing special education specific services

and programs to an enrolled student is likely to meet or exceed

the amount specified under section 1372(8) for Category 2, the

cyber charter school may apply to the department for an increase

in the Statewide Cyber Charter School Tuition Rate for the

student.

(3) If the department determines that the annual expenditure

for providing special education specific services and programs

to an enrolled student is likely to meet or exceed the amount

three and eight hundredths (3.08); or

(ii) for each special education student enrolled in the

cyber charter school for which the annual expenditure is in

Category 3, multiply the Statewide Cyber Charter School Tuition

Rate by six and thirty-four hundredths (6.34). For purposes of

this subparagraph, Category 3 shall include students in

Categories 3A and 3B under section 1372(8).

(g) The per-student amounts required under subsection (f)

shall be calculated by the department and posted on its publicly

accessible Internet website and shall be paid by the school

charter school shall provide the department with appropriate

documentation on the likely annual expenditure for providing an

education to the student.

(i) The weights provided under subsection (f) shall be

updated whenever the weights under section 2509.5(bbb)(2) for

the respective categories are adjusted for school districts.

(j) The calculation made under subsection (f) may not result

in a payment that exceeds the maximum amount within the

category's dollar range and the calculation under subsection (f)

(3)(ii) may not result in a payment that exceeds the actual

received for the student no later than August 1 of each year.

Section 1740-A. Cyber Charter School Requirements.

(a) General rule.--Cyber charter schools shall be required

to comply with the following provisions:

(1) Except as otherwise provided in this article, a

cyber charter school is exempt from statutory requirements

established in this act, from regulations of the State board

and the standards of the secretary not specifically

applicable to cyber charter schools. Cyber charter schools

are not exempt from statutes applicable to public schools

reflected in the charter. Strategies for meaningful parent,

guardian, family and community involvement shall be developed

and implemented by each cyber charter school.

(3) A cyber charter school shall not unlawfully

discriminate in admissions, hiring or operation.

(4) A cyber charter school shall be nonsectarian in all

operations.

(5) (i) Subject to subparagraph (ii), a cyber charter

school shall not provide any religious instruction, nor

shall it display religious objects and symbols on the

school purposes only;

(B) if the religious objects and symbols within

the portions of the facility utilized by the cyber

charter school are covered or removed; or

(C) in which the unused portion of the facility

or its common areas contain religious symbols and

objects.

(6) A cyber charter school shall not advocate unlawful

behavior.

(7) A cyber charter school shall participate in the

theft or mismanagement of public funds, any offense

pertaining to the member's official capacity as a member of

the board of trustees, an offense listed in section 111(e) or

any crime involving moral turpitude. A member of the board of

trustees may also be removed from the board of trustees for

violation of applicable laws, regulations and terms of the

charter as well as any standards for board of trustees'

performance established by the board of trustees.

(4) In case any vacancy shall occur in any board of

trustees by reason of death, resignation or otherwise, the

Law.

(2) Shall maintain a publicly accessible Internet

website detailing the salaries and other compensation and

titles of its employees, officers and directors.

(b) Employees.--Employees of an educational management

service provider that provides a service to a cyber charter

school are public employees for the purpose of 65 Pa.C.S. Ch. 11

(relating to ethics standards and financial disclosure).

Section 5. Sections 1741-A and 1742-A of the act are amended

to read:

creation of a cyber charter school [and have] including, but

not limited to, the power to request further information from

applicants, obtain input from interested persons or entities

and hold public hearings regarding applications. At least one

public hearing shall be held prior to granting or denying an

application.

(2) [Renew] Receive, review and act on applications to

amend and renew the charter of a cyber charter school. [and

renew the charter of a charter school approved under section

1717-A or 1718-A which provides instruction through the

charter under the provisions of section [1729-A] 1745.3-A.

[(i) Notwithstanding the provisions of section 1729-

A(i), when the department has revoked or denied renewal

of a charter, the cyber charter school shall be

dissolved. After the disposition of the liabilities and

obligations of the cyber charter school, any remaining

assets of the cyber charter school shall be given over to

the intermediate unit in which the cyber charter school's

administrative office was located for distribution to the

school districts in which the students enrolled in the

(A) a material component of the student's

education as required under this subdivision is not

being provided; or

(B) the cyber charter school has failed to

maintain the financial ability to provide services as

required under this subdivision.]

(4) Execute charters after approval.

[(5) Develop forms, including the notification form

under section 1748-A(b), necessary to carry out the

provisions of this subdivision.]

known as the Right-to-Know Law.

(d) Form.--

(1) The department shall develop a standard enrollment

form in both paper and electronic formats that shall be used

by all eligible applicants to apply to a cyber charter

school. The standard enrollment form shall only request

information necessary to allow the cyber charter school to

identify the student, grade level and residency, including:

(i) The student's name, address of residence,

resident school district, telephone number, age, birth

(ii) The name, address of residence and telephone

number or e-mail address of the student's parent or

guardian.

(iii) The date and grade LEVEL IN WHICH the student

will be enrolled.

(iv) A space for the cyber charter school to include

the name of the cyber charter school and the name,

telephone number and email address of a contact person at

the cyber charter school.

(v) The signature of the parent or guardian and an

enrollment form via paper or electronic means.

(3) A cyber charter school shall not require or request

information beyond the contents of the standard enrollment

form developed by the department.

(4) Nothing in this subsection shall be construed to

prohibit a cyber charter school from requesting the

submission of additional records and information that public

schools are entitled to receive after a student is accepted

for admission to, and has indicated an intent to enroll in,

the cyber charter school.

the provisions of the charter and conduct a comprehensive

review prior to granting a five-year renewal of the charter.

(2) Annually review each cyber charter school's

performance on the Pennsylvania System of School Assessment

test, standardized tests and other performance indicators to

ensure compliance with 22 Pa. Code Ch. 4 (relating to

academic standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4.

(3) Have ongoing access to all records, instructional

materials and student and staff records of each cyber charter

(1) Annually assess and evaluate whether each cyber

charter school is meeting the goals of its charter. This may

include, but not be limited to, a review of academic

performance, financial management, audit results, governance

and operation, and compliance with state and federal laws and

regulations.

(2) Conduct a comprehensive review prior to granting a

renewal of the charter. This may include, but not be limited

to, a review of academic performance, financial management,

audit results, governance and operation, and compliance with

provider to facilitate the annual and comprehensive reviews

required in this subsection and to ensure that the cyber

charter school is in compliance with its charter and this

article and that requirements for testing, civil rights and

student health and safety are being met.

(b) Report.--In order to facilitate the department's review

under subsection (a), each cyber charter school shall submit an

annual report no later than August 1 of each year to the

department and all local boards of school directors that have a

student enrolled in the cyber charter school in the form

(B) REPORT.--IN ORDER TO FACILITATE THE DEPARTMENT'S REVIEW

UNDER SUBSECTION (A), EACH CYBER CHARTER SCHOOL SHALL SUBMIT AN

ANNUAL REPORT NO LATER THAN AUGUST 1 OF EACH YEAR TO THE

DEPARTMENT AND ALL LOCAL BOARDS OF SCHOOL DIRECTORS THAT HAVE A

STUDENT ENROLLED IN THE CYBER CHARTER SCHOOL IN THE FORM

PRESCRIBED BY THE DEPARTMENT. THE FOLLOWING SHALL APPLY TO THE

REPORT:

(1) THE ANNUAL REPORT SUBMITTED UNDER THIS SUBSECTION

SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF STUDENTS

WHO ENROLL IN THE CYBER CHARTER SCHOOL AND THE NUMBER OF

SUBSECTION, INCLUDING ALL EXHIBITS AND ATTACHMENTS TO THE

REPORT, SHALL ALSO BE MAINTAINED AT EACH FACILITY OF THE

CYBER CHARTER SCHOOL AND BE MADE AVAILABLE FOR PUBLIC

INSPECTION AND COPYING AND SHALL BE POSTED ON THE CYBER

CHARTER SCHOOL'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(c) Compliance.--Cyber charter schools shall comply fully

with the requirements of the Family Educational Rights and

Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and

associated regulations in all public reporting.

(d) Annual audit.--A cyber charter school shall form an

conducted under generally accepted audit standards of the

Governmental Accounting Standards Board and shall at a minimum

include the following:

(1) An enrollment audit to verify the accuracy of

student enrollment, including the enrollment, withdrawal and

residency of students and the reporting of the enrollment

information to the department and the school district of

residence.

(2) Full review of expense reimbursements for board of

trustees members and administrators, including sampling of

including the Internal Revenue Service Form 990, Return of

Organization Exempt from Income Tax and all related schedules

and appendices for the cyber charter school, the educational

management service provider and the charter school

foundation, if applicable.

(5) Review of the financial statements of any charter

school foundation.

(6) Review of the selection and acceptance process of

all contracts publicly bid pursuant to sections 751 and

807.1.

(e) Audit.--A cyber charter school may be subject to an

annual audit by the Auditor General, the department, or any

other entity granted authority to audit cyber charter schools in

addition to any other audits required by Federal or State law or

this act.

(f) Budget .--

(1) A cyber charter school shall annually, not later

than June 30 of each year, adopt and provide the department

and any school district which has a student enrolled with a

copy of the annual budget on a form prepared by the

make available for public inspection a copy of the proposed

annual budget to all persons at least 20 days prior to the

date set for the adoption of the final budget. A copy of the

annual budget shall also be posted on the cyber charter

school's publicly accessible Internet website.

(3) On the date of adoption of the proposed budget

required under this subsection, the president or chair of the

cyber charter school's board of trustees shall certify to the

department that the proposed budget has been prepared,

presented and made available for public inspection using the

(4) The annual budget adopted and submitted under this

subsection shall not exceed the amount of funds available to

the cyber charter school.

(g) Accessibility.--Notwithstanding any other provision of

law, a cyber charter school and an affiliated charter school

foundation shall make copies of the following available upon

request and on the cyber charter school's or charter school

foundation's publicly accessible Internet website, if one is

maintained:

(1) Annual budgets for the cyber charter school, as

foundation.

(2) Annual Federal and State tax filings, including

Internal Revenue Service Form 990, Return of Organization

Exempt from Income Tax and all related schedules and

appendices for the cyber charter school and charter school

foundation for the previous five school years.

(3) Certified audits under subsection (d) and any

Federal and State audits provided under subsection (e) for

the cyber charter school and charter school foundation for

the previous five school years, as available.

accumulate an unassigned fund balance greater than 10% of its

total budgeted expenditures. THAT EXCEEDS THE FOLLOWING:

CYBER CHARTER SCHOOL

TOTAL BUDGETED

EXPENDITURES

ESTIMATED ENDING UNASSIGNED FUND

BALANCE AS PERCENTAGE OF TOTAL

BUDGETED EXPENDITURES

LESS THAN OR EQUAL TO $11,999,999 12%

BETWEEN $12,000,000 AND $12,999,999 11.5%

BETWEEN $13,000,000 AND $13,999,999 11%

BETWEEN $14,000,000 AND $14,999,999 10.5%

BETWEEN $15,000,000 AND $15,999,999 10%

action shall be paid by the cyber charter school which employed

that staff member at the time of the alleged misconduct.

(j) Agreements.--Notwithstanding any other provision of law,

a cyber charter school may enter into agreements with school

districts, intermediate units, career and technical centers or

any other public or private school entities located within this

Commonwealth for the provision of programs, courses or other

educational services.

Section 1744-A. School district and intermediate unit

responsibilities.

student, including transcripts, test scores and a copy of any

individualized education program for that student.

[(2) Provide the cyber charter school with reasonable

access to its facilities for the administration of

standardized tests required under this subdivision.]

(3) Upon request, provide assistance to the cyber

charter school in the delivery of services to a student with

disabilities. The school district or intermediate unit shall

not charge the cyber charter school more for a service than

it charges a school district.

transportation to students with an individualized education

program to the extent required by the individualized education

program.

(C) SERVIC ES.--AN INTERMEDIATE UNIT IN WHICH A STUDENT

ENROLLED IN A CYBER CHARTER SCHOOL RESIDES MAY NOT REFUSE TO

PROVIDE ANY SERVICE TO A CYBER CHARTER SCHOOL THAT REQUESTS

SERVICES FOR A STUDENT.

Section 8. The act is amended by adding a section to read:

(a) Access.--A school district, intermediate unit, community

college under Article XIX-A or institution under Article XX-A

shall provide a cyber charter school with reasonable access to

facilities of the school district, intermediate unit, community

college or institution for the administration of standardized

request, the school district, intermediate unit, community

college or institution shall notify the cyber charter school

of the location of the facilities that will be provided,

which shall be a quiet, separate location in which cyber

charter school students will not be commingled with students

of the school district, intermediate unit, community college

at times that may cause undue interference with the

educational programs or assessment schedule of the school

district, intermediate unit, community college or

institution.

(4) Any rental fee for the facilities charged to the

cyber charter school and the payment of the fee shall be in

compliance with the rental policy of the school district,

intermediate unit, community college or institution that

applies generally to other organizations and community

groups.

of students who will enroll in the cyber charter school; a

nonsectarian college, university or museum located in this

Commonwealth; a nonsectarian corporation not-for-profit as

defined in 15 Pa.C.S. § 5103 (relating to definitions); a

corporation, association or partnership; or any combination of

the foregoing. Section 1327.1 shall not apply to a cyber charter

(c) Attendance.--Attendance at a cyber charter school shall

(C) ATTENDANCE.--

(1) ATTENDANCE AT A CYBER CHARTER SCHOOL SHALL satisfy

requirements for compulsory attendance.

(2) ON A FORM DEVELOPED BY THE DEPARTMENT AND BEGINNING

IN THE 2023-2024 SCHOOL YEAR, A CYBER CHARTER SCHOOL SHALL

REPORT, ON A WEEKLY BASIS, THE ATTENDANCE OF EACH STUDENT FOR

THE PRECEDING WEEK TO THE SCHOOL DISTRICT OF RESIDENCE.

(d) Application.--An application to establish a cyber

charter school shall be submitted to the department by October 1

open meetings)]. At least 30 days prior to the hearing, the

department shall publish in the Pennsylvania Bulletin and on the

department's [World Wide Web site] publicly accessible Internet

website notice of the hearing and the purpose of the

application.

(f) Evaluation criteria.--

(1) A cyber charter school application submitted under

this subdivision shall be evaluated by the department based

on the following criteria:

(i) The demonstrated, sustainable support for the

comprehensive learning experiences to students under the

charter.

(iii) The extent to which the programs outlined in

the application will enable students to meet the academic

standards under 22 Pa. Code Ch. 4 (relating to academic

standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4.

(iv) The extent to which the application meets the

requirements of section 1747-A.

(v) The extent to which the cyber charter school may

for denial, including a description of deficiencies in the

application, shall be clearly stated in the notice.

(3) Upon approval of a cyber charter school application,

a written charter shall be developed which shall contain the

provisions of the charter application and be signed by the

secretary and each member of the board of trustees of the

cyber charter school. The charter, when duly signed, shall

act as legal authorization of the establishment of a cyber

charter school. The charter shall be legally binding on the

department, the cyber charter school and its board of

application may be appealed to the appeal board.

(g) Denied application.--A cyber charter school applicant

may revise and resubmit a denied application to the department.

The department shall grant or deny the revised application

within 60 days after its receipt.

(h) Appeal.--If the department fails to hold the required

public hearing or [to approve or disapprove] denies the

[charter] application, the applicant may file its application as

an appeal to the appeal board pursuant to section 1746-A. The

appeal board shall provide notice of the appeal to the

required to act on the application in accordance with subsection

(e) or (g), as applicable, or the date of mailing of the written

notice issued under subsection (f)(2).

Section 10. The act is amended by adding sections to read:

Section 1745.1-A. Renewals.

(a) General rule.--A cyber charter school shall submit a

renewal application as provided under section 1747-A(b) with the

department by October 1 of the final year of the charter.

(b) Action.--The department shall, no later than 120 days

after receipt of a complete renewal application, act to renew or

(d) Renewal.--Failure to adhere to subsection (b) shall

result in the charter being renewed in accordance with section

1745-A(f)(3).

(e) Appeal.--Unless otherwise provided in this article, a

cyber charter school that appeals a nonrenewal may continue

operating based on the terms and conditions contained in the

most recent charter pending the decision of the appeal board.

Section 1745.2-A. Charter amendments.

(a) Filing.--Subject to subsections (b) and (c), a cyber

charter school may request amendments to its charter by filing

subsection (a), in the event of an emergency, the cyber charter

school shall immediately notify the department of the necessity

for an emergency amendment, which shall be effective immediately

as a temporary amendment pending completion of the processes set

forth in this section.

(c) Time.--A cyber charter school may not seek an amendment

during the first and OR final year of the charter term. A cyber

charter school seeking an amendment during the final year of the

charter term shall submit the amendment application along with

the renewal application under section 1745.1.

in the next available issue of the Pennsylvania Bulletin.

published in the Pennsylvania Bulletin and posted on the

department's publicly accessible Internet website.

(1) The model amendment application shall include the

following information:

(i) The name of the cyber charter school.

(ii) The name and contact information for the chief

administrator and board of trustees president or

chairperson.

(iii) The physical location of the cyber charter

approve seeking an amendment.

(2) The department shall review the model application

and renewal application forms at least every three years with

feedback and input from stakeholders and revise the

application forms as needed.

(e) Changes.--Nothing in this section shall prevent the

department from supplementing the established model applications

or requiring additional information as permitted by this act

necessary to evaluate the application.

(f) Posting.--Pursuant to subsection (d), the department

section shall be used by charter school entities beginning in

the 2024-2025 school year.

(h) Hearing.--Within 60 days of receipt by the department of

an amendment application, the department shall hold a public

hearing on the provisions of the charter amendment request.

(i) Action.--Within 180 days of the receipt by the

department of the charter amendment request, the department

shall grant or deny the request. Written notice of the

department's action shall be sent to the cyber charter school.

(j) Approval.--If the amendment request is granted, the

of the cyber charter school in accordance with the amended

charter. The amended charter shall be legally binding on the

department and the cyber charter school and its board of

trustees and shall be effective for the remainder of the term of

the charter.

(k) Denial.--If the amendment request is denied, the reasons

for the denial, including a description of deficiencies in the

amendment request, shall be clearly stated in the written notice

sent by the department to the cyber charter school. The denial

of an amendment pursuant to this section may be appealed to the

this section to address any deficiencies in the previous request

as identified by the department in its written notice denying

the amendment request.

(l) Request.--Notwithstanding subsection (a), a cyber

charter school may request amendments to its approved written

charter at the time of renewal. Charter amendment requests made

at the time of renewal shall be considered distinct requests

that shall be subject to independent approval or denial by the

department, in accordance with the provisions of this section.

(m) Definitions.--As used in this section, the following

(3) Change in educational management service provider.

(4) Change to curriculum provider.

(5) Change to mission or educational goals of the cyber

charter school.

(6) Change to grade levels served other than those

included in the approved charter application even if those

grades are not currently implemented.

(7) Enrollment expansion based on the maximum authorized

enrollment for the term of the charter.

Section 1745.3-A. Causes for Nonrenewal, Revocation or

requirements of 22 Pa. Code Ch. 4 (relating to academic

standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4.

(2) The number of courses required for elementary and

secondary students.]

(a) Application form.--The department shall create and

publish a model application form, in electronic format, that an

applicant seeking to establish a cyber charter school shall, at

a minimum, complete as part of its application. The model

application form shall be transmitted to the Legislative

(2) The name of the proposed charter school entity which

must include the words "cyber charter school" in the name.

(3) The grade or age levels served by the cyber charter

school and the anticipated enrollment levels during each

school year of the proposed charter, including expected

increases due to the addition of grade levels.

(4) The proposed governance structure of the cyber

charter school, including a clear description of the method

for the appointment or selection of members of the board of

trustees, a copy of the articles of incorporation filed with

structure of the cyber charter school, including lines of

authority and reporting between the board of trustees,

administrators, staff and any educational management service

provider that will provide services to the cyber charter

school.

(5) A clear description of the roles and

responsibilities of the board of trustees, administrators and

any other entities, including a charter school foundation and

any educational management service provider that will provide

educational management services to the cyber charter school,

cyber charter school shall provide all of the following:

(i) Evidence of the educational management service

provider's record, including its record in the schools

where the provider provides or has provided services, in

serving student populations, including demonstrated

academic achievement and growth and demonstrated

management of nonacademic school functions, including

proficiency with public school-based accounting, if

applicable.

(ii) Evidence that that the board of trustees has

is provided at fair market value.

(iii) The complete proposed contract or agreement

between the cyber charter school and the educational

management service provider stating all of the following:

(A) The officers, chief administrator and

administrators of the educational management service

provider.

(B) The proposed duration of the service

contract or agreement. The service contract or

agreement shall provide for the following:

(II) An agreement or contract shall

terminate upon closure of the cyber charter

school unless the board of trustees of the cyber

charter school and the educational management

service provider agree in writing that the

educational service provider will provide

services related to the dissolution of the cyber

charter school.

(C) Roles and responsibilities of the board of

trustees, the cyber charter school staff and the

provider.

(D) The scope of services, personnel and

resources to be provided by the educational

management service provider, which shall meet the

following requirements:

(I) Each service provided by the educational

management service provider and the cost for the

service shall be separately identified and

invoiced or billed separately.

(II) Each service provided by the

agreement of the board of trustees of the cyber

charter school.

(III) An educational management service

provider may not provide business services to the

cyber charter school if it is also providing

other services to the cyber charter school under

the contract or agreement unless the board of

trustees has established procedures to ensure

that individual payments to the educational

management service provider are reviewed and

timelines.

(F) The compensation structure, including clear

identification of fees to be paid to the educational

management service provider. The educational

management service provider shall not charge a

percentage or contingency fee for services.

(G) Methods of oversight and enforcement of the

contract or agreement.

(H) Investment disclosure or the advance of any

monies by the educational management service provider

the board of trustees of the cyber charter school or

members of the board of trustees or directors of the

charter school foundation and the proposed educational

management service provider or any affiliated entities,

including a charter school foundation qualified as a

support organization under the Internal Revenue Code of

1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

(v) A contract with an educational management

service provider may not be executed until the charter

agreement is signed pursuant to section 1745-A(f)(3).

are meeting educational goals, including performance targets.

(9) The admission and enrollment policy, including

criteria for evaluating the admission of students which shall

comply with the requirements of section 1723-A.

(10) Policies and procedures which will be used

regarding the suspension or expulsion of pupils. Said

procedures shall comply with section 1318 and 22 Pa. Code Ch.

12 (relating to students and student services).

(11) Information on the manner in which community groups

will be involved in the cyber charter school planning

foundation.

(13) A description of funds available to the cyber

charter school for planning and operation prior to receipt of

funds pursuant to section 1725.1-A.

(14) Procedures which shall be established to review

complaints of parents and guardians regarding the operation

of the cyber charter school.

(15) A description and address of any physical

facilities in which the cyber charter school will be located

or operating, including information related to each facility,

and school year consistent with the provisions of sections

1501 and 1502.

(17) The proposed faculty, if already determined, and a

professional development and continuing education plan for

the faculty and professional staff of the cyber charter

school.

(18) Whether any agreements have been entered into or

plans developed with the local school district regarding

participation of the cyber charter school's students in

extracurricular activities within the school district.

cyber charter school's board of trustees and employees to

prevent a cyber charter school's outstanding liabilities and

obligations from being imposed upon school entities or the

Commonwealth, or otherwise affect the rights, benefits or

remedies available to the students, parents or employees of

the cyber charter school. The department shall promulgate

final-omitted regulations setting forth minimum security

requirements sufficient to guarantee payment of the cyber

charter school's liabilities in accordance with this article.

(21) Policies regarding truancy, absences and withdrawal

accreditation by a nationally recognized accreditation

agency, including the Middle States Association of Colleges

and Schools or another regional institutional accrediting

agency recognized by the United States Department of

Education or an equivalent federally recognized body for

charter school education.

[(3)] (23) An explanation of the amount of [on-line]

online time required for elementary and secondary students.

[(4)] (24) The manner in which teachers will deliver

instruction, assess academic progress and communicate with

provided by the cyber charter school to the student.

[(7)] (27) A description of how the cyber charter school

will define and monitor a student's school day, including the

delineation of [on-line] online time and [off-line time] for

independent coursework.

[(8)] (28) A description of commercially prepared

standardized achievement tests that will be used by the cyber

charter school in addition to the Pennsylvania System of

School Assessment test and Keystone Exams, including the

grade levels that will be tested and how the data collected

the confidentiality of data gathered online.

[(11) The level of anticipated enrollment during each

school year of the proposed charter, including expected

increases due to the addition of grade levels.

(12)] (31) The methods to be used to [insure] ensure the

authenticity of student work and adequate proctoring of

examinations.

[(13)] (32) The provision of education and related

services to students with disabilities, including evaluation

and the development and revision of individualized education

between the cyber charter school and the student and the

manner in which the cyber charter school will communicate

with parents and guardians.

[(16) The addresses of all facilities and offices of the

cyber charter school, the ownership thereof and any lease

arrangements.]

(34) Any other information required by the department.

(a.1) Lease prohibition.-- A cyber charter school may not

enter into a lease for a facility with an educational management

service provider or charter school foundation.

district of residence if the student is able to fulfill the

requirements of participation in the activity and the charter

school does not provide the same extracurricular activity. The

school district of residence may charge the cyber charter school

a reasonable amount for a cyber charter school student's

participation in the school district's extracurricular activity,

which may not exceed the actual cost incurred by the school

district for participation by its students in the activity. A

cyber charter school student may not be required to pay any

costs not also paid by a student enrolled in the school district

publication in the next available issue of the Pennsylvania

Bulletin and posted on the department's publicly accessible

Internet website. The form shall include:

(1) Name and contact information for the chief

administrator and board of trustees president or chairperson.

(2) Whether the cyber charter school is seeking an

amendment to their current charter.

(3) Other information deemed necessary by the

department.

(c) Review.--The department shall review the model

prohibited).

(6) Section 235.4 (relating to practices).

(7) Section 235.8 (relating to civil rights).

(7.1) Section 339.31 (relating to plan).

(7.2) Section 339.32 (relating to services).

(8) Chapter 711 (relating to charter school services and

programs for children with disabilities).

[(c) Existing charter schools.--

(1) The charter of a charter school approved under

section 1717-A or 1718-A which provides instruction through

provides instruction through the Internet or other electronic

means:

(i) Section 1743-A(c), (d), (e), (h) and (i).

(ii) Section 1744-A.

(iii) Section 1748-A.]

Section 14. This act shall take effect immediately.