PRINTER'S NO. 187
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
198
Session of
2017
INTRODUCED BY HUGHES, FONTANA, COSTA, TARTAGLIONE AND BREWSTER,
JANUARY 26, 2017
REFERRED TO EDUCATION, JANUARY 26, 2017
AN ACT
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 charter schools, further providing
for establishment of charter school, for enrollment, for
funding for charter schools and for causes for nonrenewal or
termination.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1717-A(e)(2) and 1723-A(a) and (d) of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, are amended to read:
Section 1717-A. Establishment of Charter School.--* * *
(e) * * *
(2) A charter school application submitted under this
article shall be evaluated by the local board of school
directors based on criteria, including, but not limited to, the
following:
(i) The demonstrated, sustainable support for the charter
school plan by teachers, parents, other community members and
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students, including comments received at the public hearing held
under subsection (d).
(ii) The capability of the charter school applicant, in
terms of support and planning, to provide comprehensive learning
experiences to students pursuant to the adopted charter.
(iii) The extent to which the application considers the
information requested in section 1719-A and conforms to the
legislative intent outlined in section 1702-A.
(iv) The extent to which the charter school may serve as a
model for other public schools.
(v) The financial impact the charter school will have on the
school district.
* * *
Section 1723-A. Enrollment.--(a) All resident children in
this Commonwealth qualify for admission to a charter school
within the provisions of subsection (b). If more students apply
to the charter school than the number of attendance slots
available in the school, then students must be selected on a
random basis from a pool of qualified applicants meeting the
established eligibility criteria and submitting an application
by the deadline established by the charter school, except that
the charter school may give preference in enrollment to a child
of a parent who has actively participated in the development of
the charter school and to siblings of students presently
enrolled in the charter school. First preference shall be given
to students who reside in the district or districts. At any time
during a school year, when an attendance slot becomes available
at a charter school, the charter school must enroll students
from the existing pool of qualified applicants.
* * *
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(d) (1) Enrollment of students in a charter school or cyber
charter school shall [not] be subject to a cap or otherwise
limited by any [past or future] action of a board of school
directors, a board of control established under Article XVII-B,
[a special board of control established under section 692] a
School Reform Commission established under section 696, a chief
recovery officer or a receiver authorized under Article VI-A or
any other governing authority[, unless agreed to by the charter
school or cyber charter school as part of a written charter
pursuant to section 1720-A].
(2) The provisions of this subsection shall apply to a
charter school or cyber charter school regardless of whether the
charter was approved prior to or is approved subsequent to the
effective date of this subsection.
Section 2. Section 1725-A(a)(3) of the act is amended and
the subsection is amended by adding clauses to read:
Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school shall be provided in the following manner:
* * *
(3) For the 1997-1998 school year through the 2017-2018
school year, for special education students, the charter school
shall receive for each student enrolled the same funding as for
each non-special education student as provided in clause (2),
plus an additional amount determined by dividing the district of
residence's total special education expenditure by the product
of multiplying the combined percentage of section 2509.5(k)
times the district of residence's total average daily membership
for the prior school year. This amount shall be paid by the
district of residence of each student.
(3.1) (i) For the 2018-2019 school year and each school
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year thereafter, subject to the provisions in clauses (3.2) and
(3.3) which provide for the transition to the new student-based
funding methodology established in this clause, for special
education students, the charter school shall receive for each
student enrolled an amount which shall be paid by the district
of residence of each student to be determined as follows:
(A) For each student enrolled in the charter school for
which the annual expenditure for special education programs and
services is less than twenty-five thousand dollars ($25,000),
which shall be known as Category 1, multiply the same funding as
for each nonspecial education student as provided in clause (2)
by one and fifty-one hundredths (1.51).
(B) For each student enrolled in the charter school for
which the annual expenditure for special education programs and
services is equal to or greater than twenty-five thousand
dollars ($25,000) and less than fifty thousand dollars
($50,000), which shall be known as Category 2, multiply the same
funding as for each nonspecial education student as provided in
clause (2) by three and seventy-seven hundredths (3.77).
(C) For each student enrolled in the charter school for
which the annual expenditure for special education programs and
services is equal to or greater than fifty thousand dollars
($50,000), which shall be known as Category 3, multiply the same
funding as for each nonspecial education student as provided in
clause (2) by seven and forty-six hundredths (7.46).
(ii) Pursuant to regulations developed by the department, to
be eligible to receive funding for special education students
under subclause (i)(B) and (C), the charter school must document
the cost of providing special education programs and services to
the student and provide the documentation to the school district
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of residence and the department.
(iii) The department shall annually adjust the weights
provided in subclause (i)(A), (B) and (C) for each school
district based on the percentage difference in the school
district's annual expenditure for special education programs and
services per student when compared to the Statewide average
annual expenditure for special education programs and services
per student.
(iv) The department shall annually adjust the dollar ranges
in subclause (i)(A), (B) and (C) by the Consumer Price Index for
All Urban Consumers for the Pennsylvania, New Jersey, Delaware
and Maryland areas.
(3.2) Notwithstanding the provisions of clause (3.1), for
the 2017-2018 school year, for special education students, the
charter school shall receive for each student enrolled an amount
which shall be paid by the district of residence as follows:
(i) If the funding for each special education student in
clause (3) for the 2017-2018 school year is equal to or greater
than the funding for the same special education student in
clause (3.1) for the 2018-2019 school year, the amount shall be
determined as follows:
(A) Subtract the amount of funding for each special
education student in clause (3.1) for the 2018-2019 school year
from the amount of funding for the same special education
student in clause (3) for the 2017-2018 school year.
(B) Multiply the difference in paragraph (A) by three
hundred thirty-three thousandths (0.333).
(C) Subtract the product in paragraph (B) from the amount of
funding for the same special education student in clause (3) for
the 2017-2018 school year.
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(ii) If the funding for each special education student in
clause (3) for the 2017-2018 school year is less than the amount
of funding for the same special education student in clause
(3.1) for the 2018-2019 school year, the amount shall be
determined as follows:
(A) Subtract the amount of funding for each special
education student in clause (3) for the 2017-2018 school year
from the amount of funding for the same special education
student in clause (3.1) for the 2018-2019 school year.
(B) Multiply the difference in paragraph (A) by three
hundred thirty-three thousandths (0.333).
(C) Add the product in paragraph (B) to the amount of
funding for the same special education student in clause (3) for
the 2018-2019 school year.
(3.3) Notwithstanding the provisions of clause (3.1), for
the 2019-2020 school year, for special education students, the
charter school shall receive for each student enrolled an amount
which shall be paid by the district of residence as follows:
(i) If the funding for each special education student in
clause (3) for the 2017-2018 school year is equal to or greater
than the funding for the same special education student in
clause (3.1) for the 2019-2020 school year, the amount shall be
determined as follows:
(A) Subtract the amount of funding for each special
education student in clause (3.1) for the 2019-2020 school year
from the amount of funding for the same special education
student in clause (3) for the 2017-2018 school year.
(B) Multiply the difference in paragraph (A) by six hundred
sixty-six thousandths (0.666).
(C) Subtract the product in paragraph (B) from the amount of
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funding for the same special education student in clause (3) for
the 2017-2018 school year.
(ii) If the funding for each special education student in
clause (3) for the 2017-2018 school year is less than the
funding for the same special education student in clause (3.1)
for the 2018-2019 school year, the amount shall be determined as
follows:
(A) Subtract the amount of funding for each special
education student in clause (3) for the 2017-2018 school year
from the amount of funding for the same special education
student in clause (3.1) for the 2019-2020 school year.
(B) Multiply the difference in paragraph (A) by six hundred
sixty-six thousandths (0.666).
(C) Add the product in paragraph (B) to the amount of
funding for the same special education student in clause (3) for
the 2017-2018 school year.
* * *
Section 3. Section 1729-A(d) of the act is amended to read:
Section 1729-A. Causes for Nonrenewal or Termination.--* * *
(d) Following the appointment and confirmation of the appeal
board, but not before July 1, 1999, the charter school may
appeal the decision of the local board of school directors to
revoke or not renew the charter to the appeal board. The appeal
board shall have the exclusive review of a decision not to renew
or revoke a charter[.] based solely on whether or not the
decision of the local school board is supported by substantial
evidence or whether or not the local school board committed an
error of law. The appeal board shall review the record and shall
have the discretion to supplement the record if the supplemental
information was previously unavailable. The appeal board may
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consider the charter school plan, annual reports, student
performance and employe and community support for the charter
school in addition to the record. The appeal board shall give
due consideration to the findings of the local board of
directors and specifically articulate its reasons for agreeing
or disagreeing with those findings in its written decision.
* * *
Section 4. This act shall take effect immediately.
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