H0357B1746A01809 PWK:AAS 06/10/19 #90 A01809
AMENDMENTS TO HOUSE BILL NO. 357
Sponsor: REPRESENTATIVE TOPPER
Printer's No. 1746
Amend Bill, page 1, line 7, by inserting after "providing"
for definitions,
Amend Bill, page 1, line 11, by inserting after
"prohibitions"
, for tort liability
Amend Bill, page 2, line 15, by inserting after "Sections"
1703-A,
Amend Bill, page 2, by inserting between lines 16 and 17
Section 1703-A. Definitions.--As used in this article,
"Administrator" shall include an employe of a charter school
entity, including the chief administrator of a charter school
entity and any other employe, who by virtue of the employe's
position is responsible for taking official action of a
nonministerial nature with regard to contracting or procurement,
administering or monitoring grants or subsidies, managing or
regulating staff, student and school activities or any activity
where the official action has an economic impact of greater than
a de minimis nature on the interests of any person.
"Aid ratio" and "market value/income aid ratio" shall be:
(1) the aid ratio and market value/income aid ratio for the
school district that granted a charter to the charter school;
(2) for a regional charter school, the aid ratio and market
value/income aid ratio shall be a composite, as determined by
the department, based on the school districts that granted the
charter; or
(3) for a cyber charter school, the aid ratio and market
value/income aid ratio shall be that of the school district in
which the administrative offices of the cyber charter school are
located.
"Appeal board" shall mean the State Charter School Appeal
Board established by this article.
"At-risk student" shall mean a student at risk of educational
failure because of limited English proficiency, poverty,
community factors, truancy, academic difficulties or economic
2019/90PWK/HB0357A01809 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
disadvantage.
"Charter school" shall mean an independent public school
established and operated under a charter from the local board of
school directors and in which students are enrolled or attend. A
charter school must be organized as a public, nonprofit
corporation. Charters may not be granted to any for-profit
entity.
["Chief executive officer" shall mean an individual appointed
by the board of trustees to oversee and manage the operation of
the charter school, but who shall not be deemed a professional
staff member under this article.]
"Charter school entity" shall mean a charter school, regional
charter school or cyber charter school.
"Charter school foundation" shall mean a nonprofit
organization 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, resources or otherwise serves to support a
charter school entity, either directly or through an affiliated
entity.
"Chief administrator" shall mean an individual appointed by a
board of trustees to oversee and manage the operation of a
charter school entity. The term shall not include a professional
staff member under this article.
"Cyber charter school" shall mean an independent public
school established and operated under a charter from the
Department of Education and in which the school uses technology,
including electronic or digital books, in order to provide a
significant portion of its curriculum and to deliver a
significant portion of instruction to its students through the
Internet or other electronic means. A cyber charter school must
be organized as a public, nonprofit corporation. A charter may
not be granted to a for-profit entity.
"Department" shall mean the Department of Education of the
Commonwealth.
"Educational management service provider" shall mean a
nonprofit charter management organization, for-profit education
management organization, school design provider, business
manager or any other partner entity with which a board of
trustees of a charter school entity contracts to provide
educational design, business services, comprehensive management
or personnel functions or to implement the charter. The term
shall not include a charter school foundation.
"Local board of school directors" shall mean the board of
directors or other governing authority of a school district in
which a proposed or an approved charter school is located.
"Regional charter school" shall mean an independent public
school established and operated under a charter from more than
one local board of school directors and in which students are
enrolled or attend. A regional charter school must be organized
as a public, nonprofit corporation. Charters may not be granted
to any for-profit entity.
2019/90PWK/HB0357A01809 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
"School district of residence" shall mean the school district
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).
"School entity" shall mean a school district, intermediate
unit, joint school or area vocational-technical school.
"Secretary" shall mean the Secretary of Education of the
Commonwealth.
"State board" shall mean the State Board of Education of the
Commonwealth.
Amend Bill, page 9, line 23, by striking out all of said line
and inserting
required under subsection (a).
(c) The department shall review the
Amend Bill, page 9, lines 25 through 27, by striking out
"Education" in line 25, all of line 26 and "of Representatives"
in line 27 and inserting
State board
Amend Bill, page 9, line 29, by striking out "enacted" and
inserting
approved
Amend Bill, page 9, line 29, by striking out "General
Assembly." and inserting
State board. Revisions under this subsection shall be as
follows:
(1) The State board shall transmit notice of the
department's proposed revisions to the standard application
forms to the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin. The State board shall give at least
thirty (30) days for the submission of public comment and shall
hold at least one public hearing on the proposed revisions.
(2) After the close of the public comment period and the
public hearing, the State board shall submit all public comments
and the transcript of the public hearing to the Education
Committee of the Senate and the Education C ommittee of the House
of Representatives.
(3) Prior to the State board approving any revisions, timely
and meaningful consultation with the chair and minority chair of
the Education C ommittee of the Senate and the chair and minority
chair of the Education C ommittee of the House of
Representatives, with the opportunity for input, must be given.
2019/90PWK/HB0357A01809 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
The department shall present the proposed revisions at a joint
hearing of the Education Committee of the Senate and the
Education Committee of the House of Representatives, if
requested, within 60 days of submission of public comments and
the transcript of the public hearing under paragraph (2).
Amend Bill, page 11, line 25, by striking out "December" and
inserting
October
Amend Bill, page 11, line 27, by striking out "ninety (90)
days of receipt of the" and inserting
one hundred twenty (120) days of the receipt of the complete
Amend Bill, page 12, lines 9 and 10, by striking out
"subsection (a.1) " and inserting
subsections (a.1) and (a.2)
Amend Bill, page 12, line 13, by striking out "December" and
inserting
October
Amend Bill, page 12, by inserting between lines 25 and 26
(a.2) For a five-year charter, a charter school or regional
charter school may only request amendments in year two, three or
four of the charter term. For a three-year charter, a charter
school or regional charter school may only request amendments in
year two of the charter term.
Amend Bill, page 13, lines 9 through 15, by striking out
"Notwithstanding subsection (a), a charter school or" in line 9
and all of lines 10 through 15 and inserting
(Reserved).
Amend Bill, page 13, line 18, by striking out the period
after "1721-A" and inserting
except that an applicant may not appeal a denial of an
amendment related to enrollment growth or grade expansion.
Amend Bill, page 13, line 19, by striking out "Except in the
case of an emergency, a" and inserting
A
Amend Bill, page 13, line 24, by striking out the period
2019/90PWK/HB0357A01809 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
after "expanded" and inserting
except notice may be given at any time in the case of an
emergency which requires increased enrollment.
Amend Bill, page 13, line 28, by inserting after "any"
changes to an existing
Amend Bill, page 13, line 28, by striking out "changes"
Amend Bill, page 13, line 30, by striking out "Except in the
case of an emergency, a" and inserting
A
Amend Bill, page 14, line 1, by inserting after "no"
other
Amend Bill, page 14, lines 1 and 2, by striking out "on
enrollment expansion " and inserting
in its charter
Amend Bill, page 14, line 5, by inserting after "place"
except notice may be given at any time in the case of an
emergency related to the facility
Amend Bill, page 14, by inserting between lines 11 and 12
This subsection shall not apply to a charter school or
regional charter school seeking to operate a school at more than
one location, which must be requested through the amendment
process set forth in section 1720.1-A. A charter school or
regional charter school may operate at more than one location
within the district or districts that authorized the charter
without requesting an amendment if operation in more than one
location is permitted by the terms of the charter.
For purposes of this section, an "emergency" shall mean a
manmade or natural disaster, including, but not limited to,
damage to a school building, another circumstance rendering a
school building unfit or unsafe for use, a disease epidemic or a
hazardous weather condition. If another emergency arises that
requires expanded enrollment or a change in facility, the
charter school or regional charter school must consult with the
authorizing school district or school districts.
Amend Bill, page 17, line 15, by inserting after "arts."
A performing arts charter school entity may establish
reasonable artistic criteria for admission for grades nine
through twelve, which must be outlined in the school's charter
2019/90PWK/HB0357A01809 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
to evaluate prospective students for enrollment.
Amend Bill, page 17, line 28, by inserting after "Sections"
1727-A,
Amend Bill, page 17, by inserting between lines 29 and 30
Section 1727-A. [Tort Liability] Liability and Security.--
(a) For purposes of tort liability, employes of the charter
school shall be considered public employes and the board of
trustees shall be considered the public employer in the same
manner as political subdivisions and local agencies. The board
of trustees of a charter school and the charter school shall be
solely liable for any and all damages of any kind resulting from
any legal challenge involving the operation of a charter school.
Notwithstanding this requirement, the local board of directors
of a school entity shall not be held liable for any activity or
operation related to the program of the charter school.
(b) (1) A charter school shall possess and maintain
adequate and appropriate insurance, bond or other security as
provided under section 1719-A(a)(17). The insurance, bond or
other security shall be continuously maintained and shall
provide coverage during the time the charter school is in
operation and for sufficient time following the charter school's
closure to make payment on all claims known or which could have
been known to exist at the time of the school's closure.
(2) The insurance, bond or other security shall provide
coverage for educational services and fees and costs incurred by
a charter school and prevailing parties under the Individuals
with Disabilities Education Act (Public Law 91-230, 20 U.S.C. §
1400 et seq.), section 504 of the Rehabilitation Act of 1973
(Public Law 93-112, 29 U.S.C. § 701 et seq.) and related Federal
or State laws, salary and wage payments due to employes,
employer and employe contributions for the Pennsylvania School
Employees Retirement System and other retirement programs
offered to employes, medical and other health insurance benefits
offered to employes, workers compensation, unemployment
compensation and taxes and other liabilities to Federal, State
and local tax agencies, school district overpayments under
section 1725-A and other liabilities reasonably connected to the
charter school's operations.
(3) The insurance, bond or other security shall name as
additional insureds, or otherwise provide coverage for, the
charter authorizer and the Commonwealth and its agencies and
officials.
(4) Evidence of adequate and appropriate insurance, bond or
other security as required by this subsection shall be made
available to the local board of school directors and the
department at the time of initial application and at the time of
submission of the charter renewal application. The charter
school shall also provide evidence of the insurance, bond or
2019/90PWK/HB0357A01809 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
other security to parents or employes of the charter school or
to the local board of school directors or the department upon
request. The charter school shall provide written notice to the
local board of school directors and to the department within ten
(10) days of any change to the insurance, bond or security.
Amend Bill, page 21, line 17, by striking out "December" and
inserting
October
Amend Bill, page 21, line 19, by striking out "90" and
inserting
120
Amend Bill, page 21, line 27, by striking out "December" and
inserting
October
Amend Bill, page 22, by inserting between lines 9 and 10
(iii) For a five-year charter, a cyber charter
school may only request amendments in year two, three or
four of the charter term. For a three-year charter, a
cyber charter school may only request amendments in year
two.
Amend Bill, page 22, lines 21 through 28, by striking out all
of lines 21 through 27 and "(10)" in line 28 and inserting
(9)
Amend Bill, page 22, line 30, by striking out the period
after "1721-A" and inserting
except that an applicant may not appeal a denial
related to enrollment growth or grade expansion.
2019/90PWK/HB0357A01809 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27