Amendment 2449 to House Bill 97 P.N. 1503, Regular Session 2017-2018

H0097B1503A02449 BIL:NLG 06/28/17 #90 A02449

AMENDMENTS TO HOUSE BILL NO. 97

Sponsor: SENATOR EICHELBERGER

Printer's No. 1503

Amend Bill, page 1, line 14, by inserting after "provisions"

and establishing the Charter School Funding Advisory Commission

Amend Bill, page 2, line 2, by striking out "SHALL NOT

ADVERTISE THOSE EXPENSES"

Amend Bill, page 2, line 2, by striking out "AND" and

inserting

Amend Bill, page 2, line 3, by striking out "STIPULATE" and

inserting

state clearly and audibly, where applicable,

Amend Bill, page 2, line 16, by striking out "CERTIFIED"

Amend Bill, page 2, line 23, by striking out "CERTIFIED"

Amend Bill, page 8, lines 17 through 30; pages 9 through 12,

lines 1 through 30; page 13, lines 1 through 7; by striking out

all of said lines on said pages and inserting

Section 1704-A. Charter School Funding Advisory

Commission.--(a) The Charter School Funding Advisory Commission

is established.

(b) The commission shall examine all current laws,

regulations and executive policy statements which determine

funding for charter schools, regional charter schools and cyber

charter schools in this Commonwealth.

(1) The secretary or a designee.

(2) One member appointed by the President pro tempore of the

Senate.

(3) One member appointed by the Minority Leader of the

Senate.

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(4) One member appointed by the Speaker of the House of

Representatives.

(5) One member appointed by the Minority Leader of the House

of Representatives.

(6) The chairperson and minority chairperson of the

Appropriations Committee of the Senate and the chairperson and

minority chairperson of the Appropriations Committee of the

House of Representatives.

(7) The chairperson and minority chairperson of the

Education Committee of the Senate and the chairperson and

minority chairperson of the Education Committee of the House of

Representatives.

(8) One member jointly appointed by the President pro

tempore of the Senate and the Speaker of the House of

Representatives.

(d) The commission shall hold its organizational meeting not

later than sixty (60) days following the effective date of this

section. All members shall be appointed within thirty (30) days

of the effective date of this section. Any vacancy on the

commission shall be filled by the original appointing authority.

(e) The commission shall elect two commission chairpersons,

one from the Senate and one from the House of Representatives.

(f) The commission shall hold meetings at the call of the

chairpersons. The commission shall hold six (6) or more public

hearings on the matters to be considered by the commission. All

meetings and public hearings of the commission shall be deemed

public meetings for the purpose of 65 Pa.C.S. Ch. 7 (relating to

open meetings). Seven (7) members of the commission shall

constitute a quorum at any meeting.

(g) The commission members shall receive no compensation for

their services but shall be reimbursed for all necessary travel

and other reasonable expenses incurred in connection with the

performance of their duties as members.

(h) The commission shall have the following powers and

duties:

(1) To meet with current charter school entity operators and

personnel, school district personnel and other representatives

of public education.

(2) To review charter school entity financing laws in

operation throughout the United States.

(3) To assess the actual cost of educating a child in a

charter school, a regional charter school, a cyber charter

school and a school district or intermediate unit utilizing

cyber classes.

(4) To evaluate and make recommendations on the following:

(i) The process by which charter schools, regional charter

schools and cyber charter schools are funded.

(ii) Appropriate funding for charter school, regional

charter school and cyber charter school operations.

(iii) Appropriate funding for charter school, regional

charter school and cyber charter school facilities and

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management.

(iv) Appropriate funding for regular and special education

transportation.

(v) Other funding issues raised in the course of public

hearings.

(vi) The appropriateness of a school district deduction for

programs and services to the extent that they are funded from

the proceeds of competitive grants from private or public

resources or from contributions or donations from private

sources.

(vii) The appropriate manner of funding a charter school

that primarily serves adjudicated youth.

(viii) Appropriate funding for athletic programs and extra-

curricular activities offered to a student enrolled in a charter

school, regional charter school or cyber charter school.

(ix) The appropriate manner of implementing the

recommendations of the Special Education Funding Commission with

respect to charter schools, regional charter schools and cyber

charter schools.

(i) The General Assembly shall provide administrative

support, meeting space and any other assistance required by the

commission to carry out its duties under this section. Whenever

possible, the commission shall utilize the services and

expertise of existing personnel and staff of State government.

(j) The commission shall, no later than eighteen (18) months

from the effective date of this section, issue a report of its

findings and recommendations to the Governor, the President pro

tempore of the Senate, the Majority Leader of the Senate, the

Minority Leader of the Senate, the Speaker of the House of

Representatives, the Majority Leader of the House of

Representatives and the Minority Leader of the House of

Representatives. The recommendations of the commission shall not

take effect unless the recommendations are approved by an act of

the General Assembly enacted after the effective date of this

section.

(k) As used in this section, the term "commission" means the

Charter School Funding Advisory Commission.

Amend Bill, page 19, line 14, by striking out "making of the

contract" and inserting

discovery of the violation

Amend Bill, page 20, lines 24 through 30; page 21, lines 1

through 6; by striking out "(a) The board of trustees of a

charter school entity" in line 24, all of lines 25 through 30 on

page 20, all of lines 1 through 5 and "(b) (1)" in line 6 on

page 21 and inserting

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(a)

Amend Bill, page 21, line 9, by striking out "(i)" and

inserting

(1)

Amend Bill, page 21, line 11, by striking out "(ii)" and

inserting

(2)

Amend Bill, page 21, line 18, by striking out "(2)" and

inserting

(b)

Amend Bill, page 21, line 20, by striking out "held in

escrow" and inserting

due

Amend Bill, page 21, line 26, by striking out "from the

escrow account"

Amend Bill, page 21, line 26, by inserting after "account."

In no event shall the department withhold funds from the

incorporating school district.

Amend Bill, page 25, line 27, by inserting after "contract"

, if the educational management service provider has been

engaged by the charter school entity,

Amend Bill, page 31, by inserting after line 30

(b) (1) A charter school or regional charter school shall

submit a renewal application as provided under section 1719-A

with the local board of school directors by December 1 of the

final year of the charter.

(2) Within ninety (90) days of its receipt of the renewal

application, the local board of school directors shall vote to

renew or to not renew the charter.

(3) Failure by the local board of school directors to act on

the renewal application within the time period under clause (2)

shall permit the charter school or regional charter school to

file its renewal application with the appeal board. In such

case, the appeal board shall review the application and make a

decision to grant or deny a renewal based on the criteria

established in section 1729-A.

(4) A decision by the appeal board under this subsection to

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renew a charter shall serve as a requirement for the local board

of school directors of a school district or school districts, as

appropriate, to sign the renewal of the charter school or

regional charter school as provided for in subsection (a)(2). If

the local board of school directors fails to sign the renewal

within ten (10) days of notice, the charter shall be deemed to

be approved and shall be signed by the chairman of the appeal

board.

Amend Bill, page 34, line 13, by inserting after "by"

a school entity which is

Amend Bill, page 35, line 22, by inserting after "location"

within the district that authorized its charter

Amend Bill, page 40, line 6, by striking out the bracket

before the comma after "students"

Amend Bill, page 40, lines 6 and 7, by striking out "]:

(i) Subject to subclause (ii), a"

Amend Bill, page 40, line 18, by striking out the bracket

before "This"

Amend Bill, page 40, lines 18 and 19, by striking out "] The

amount under this subclause "

Amend Bill, page 40, lines 21 through 30; page 41, lines 1

through 9; by striking out all of said lines on said pages

Amend Bill, page 42, line 1, by striking out the bracket

before "This"

Amend Bill, page 42, line 1, by striking out "] The"

Amend Bill, page 42, lines 1 and 2, by striking out "under

this clause"

Amend Bill, page 42, lines 4 through 21, by striking out all

of said lines

Amend Bill, page 43, lines 20 and 21, by striking out "a copy

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of the student's standard enrollment form submitted to the

charter school entity" and inserting

proof of enrollment and residency

Amend Bill, page 44, line 12, by inserting after "residence."

The secretary shall not make a deduction unless the charter

school entity provides the secretary with proof that the school

district was billed for payment by the charter school entity and

that the school district did not make a payment as prescribed by

this clause. The secretary shall notify the school district

prior to making a deduction for payments to the charter school

entity and shall provide the school district with the amount of

the deduction.

Amend Bill, page 48, lines 20 through 24, by striking out "No

personally identifiable" in line 20 and all of lines 21 through

Amend Bill, page 62, line 12, by inserting after

"effectiveness."

The performance matrix shall be designed to provide parents

and educators accurate comparisons of performance by and between

traditional public school entities and charter school entities.

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