THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PALLONE, BELFANTI, BRIGGS, CALTAGIRONE, EVERETT, FLECK, GOODMAN, GRUCELA, HALUSKA, HARHAI, KORTZ, KULA, LONGIETTI, MOUL, SOLOBAY, THOMAS, WHITE AND McILVAINE SMITH, MARCH 12, 2010

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 24, 2010   

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," providing for transfer of records to

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another school entity or nonpublic school; and further

providing for cyber charter school requirements and

prohibitions, for cyber charter school enrollment and

notification and for applicability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1743-A of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding a subsection to read:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

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as the Public School Code of 1949, is amended by adding a

section to read:

Section 1313.1.  Transfer of Records to Another School Entity

or Nonpublic School.--(a)  Whenever a student transfers to

another school entity or nonpublic school within this

Commonwealth, a certified copy of the student’s attendance

record shall be transmitted to the school entity or nonpublic

school to which the student has transferred. The school entity

or nonpublic school to which the student has transferred should

request the record. The sending school entity or nonpublic

school shall have ten (10) days from the receipt of the request

to supply a certified copy of the student's attendance record.

(b)  In the case of a student transferring during the course

of a school term, the student's unexcused absences shall be

included in the student's attendance record at the school entity

or nonpublic school to which the student has transferred for

that school term.

(c)  For purposes of this section, the term "school entity"

shall mean a public school district, charter school, cyber

charter school, intermediate unit or area vocational-technical

school.

Section 2.  Section 1743-A of the act is amended by adding a

subsection to read:

Section 1743-A.  Cyber charter school requirements and

prohibitions.

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(a.1)  Truancy.--In order to enroll a student, the school

district in which the student is a resident must certify to the

cyber charter school that whether the student is in compliance

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with section 1327.

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Section 2 3.  Section 1748-A(a) of the act, added June 29,

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2002 (P.L.524, No.88), is amended and the section is amended by

adding a subsection to read:

Section 1748-A.  Enrollment and notification.

(a)  Notice to school district.--

(1)  Within 15 days of the enrollment of a student to a

cyber charter school, the parent or guardian and the cyber

charter school shall notify the student's school district of

residence of the enrollment through the use of the

notification form under subsection (b).

(2)  If a school district which has received notice under

paragraph (1) determines that a student is not a resident of

the school district, the following apply:

(i)  Within seven days of receipt of the notice under

paragraph (1), the school district shall notify the cyber

charter school and the department that the student is not

a resident of the school district. Notification of

nonresidence shall include the basis for the

determination.

(ii)  Within seven days of notification under

subparagraph (i), the cyber charter school shall review

the notification of nonresidence, respond to the school

district and provide a copy of the response to the

department. If the cyber charter school agrees that a

student is not a resident of the school district, it

shall determine the proper district of residence of the

student before requesting funds from another school

district.

(iii)  Within seven days of receipt of the response

under subparagraph (ii), the school district shall notify

the cyber charter school that it agrees with the cyber

charter school's determination or does not agree with the

cyber charter school's determination.

(iv)  A school district that has notified the cyber

charter school that it does not agree with the cyber

charter school's determination under subparagraph (iii)

shall appeal to the department for a final determination.

(v)  All decisions of the department regarding the

school district of residence of a student shall be

subject to review by the Commonwealth Court.

(vi)  A school district shall continue to make

payments to a cyber charter school under section 1725-A

during the time in which the school district of residence

of a student is in dispute.

(vii)  If a final determination is made that a

student is not a resident of an appealing school

district, the cyber charter school shall return all funds

provided on behalf of that student to the school district

within 30 days.

(3)  When a school district has received notice under

paragraph (1), the school district shall certify to the cyber

charter school whether the student is in compliance with

section 1327.

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(d)  Truancy.--

(1)  When a school district receives a notification form,

as required by subsection (a)(1), that a resident student who

is truant from the school district schools has enrolled in a

cyber charter school, the school district shall notify the

cyber charter school in writing about the student's truancy.

(2)  Upon receipt of notice from the resident school

district of a student's truancy at the school district

schools, the cyber charter school must provide to the

student's resident school district evidence during the first

three months that the student is enrolled in the cyber

charter school that the student is receiving educational

instruction and completing assignments as required by the

cyber charter school. This evidence shall be provided by the

cyber charter school monthly, when it bills the school

district for payment during the first three months of the

student's enrollment.

(3)  If the cyber charter school fails to comply with the

requirements of this subsection, the student's resident

school district shall not be required to pay the cyber

charter school for that student during that time.

(4)  If any student enrolled in the cyber charter school

accrues three or more days of unlawful absences, the cyber

charter school has the authority to, and shall be responsible

for, instituting truancy proceedings as set forth in section

1333.

(5)  Truancy proceedings shall be held in the

jurisdiction wherein the truant student resides.

Section 3 4.  Section 1749-A(a)(1) of the act, added June 29,

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2002 (P.L.524, No.88), is amended to read:

Section 1749-A.  Applicability of other provisions of this act

and of other acts and regulations.

(a)  General requirements.--Cyber charter schools shall be

subject to the following:

(1)  Sections 108, 110, 111, 321, 325, 326, 327, 431,

436, 443, 510, 518, 527, 708, 752, 753, [755,] 771, 776, 777,

808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,

1302, 1310, 1317.2, 1318, 1330, 1332, 1333, 1354, 1303-A,

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1518, 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A,

1716-A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A,

1725-A, 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and

2014-A and Articles [XII-A,] XIII-A and XIV.

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Section 4 5.  This act shall take effect in 60 days.

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