Regular Session 2015-2016 Senate Bill 0856 P.N. 0968

PRINTER'S NO. 968

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

856

Session of

2015

INTRODUCED BY PILEGGI, SMUCKER, VANCE, AUMENT AND MENSCH,

MAY 28, 2015

REFERRED TO EDUCATION, MAY 28, 2015

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 terms and courses of study,

further providing for agreements with institutions of higher

education; in opportunities for educational excellence,

further providing for definitions and for concurrent

enrollment agreements; and extensively revising charter

school provisions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1525 of the act of March 10, 1949

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

July 4, 2004 (P.L.536, No.70), is amended to read:

Section 1525. Agreements with Institutions of Higher

Education.--Notwithstanding any other provision of law to the

contrary, a school district, charter school, regional charter

school, cyber charter school or area vocational-technical school

may enter into an agreement with one or more institutions of

higher education approved to operate in this Commonwealth in

order to allow [resident] students to attend such institutions

of higher education while the [resident] students are enrolled

in the school district, charter school, regional charter school,

cyber charter school or area vocational-technical school. The

agreement may be structured so that high school students may

receive credits toward completion of courses at the school

district, charter school, regional charter school, cyber charter

school or area vocational-technical school and at institutions

of higher education approved to operate in this Commonwealth.

Section 2. The definitions of "concurrent student" and

"school entity" in section 1602-B of the act, added July 13,

2005 (P.L.226, No.46), are amended to read:

Section 1602-B. Definitions.

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:

* * *

"Concurrent student." A student who is enrolled in a school

district, a charter school, a regional charter school, a cyber

charter school, an area vocational-technical school, a nonpublic

school, a private school or a home education program under

section 1327.1 and who takes a concurrent course through a

concurrent enrollment program.

* * *

"School entity." A school district, a charter school, a

regional charter school, a cyber charter school or an area

vocational-technical school.

* * *

Section 3. Section 1613-B of the act is amended by adding a

subsection to read:

Section 1613-B. Concurrent enrollment agreements.

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* * *

charter schools.--Charter schools, regional charter schools and

cyber charter schools shall have the power and authority to

enter into a concurrent enrollment agreement with an institution

of higher education and appropriate credit shall be awarded to

students concurrently enrolled under the agreement.

Section 4. Section 1703-A of the act, amended June 29, 2002

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

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.

"Appeal board" shall mean the State Charter School Appeal

Board established by this article.

"Assessment" shall mean the Pennsylvania System of School

Assessment test, the Keystone Exam or another test established

by the State board to meet the requirements of section 2603-

B(d) (10)(i) and required under the No Child Left Behind Act of

2001 (Public Law 107-110, 115 Stat. 1425) or its successor

Federal statute.

"Associated nonprofit foundation" shall mean an entity

organized as a Pennsylvania nonprofit corporation under 15

Pa.C.S. § 5306 (relating to articles of incorporation),

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operating exclusively for the support and benefit of a

Pennsylvania charter school entity organized under this

article. The term shall include an associated nonprofit

corporation.

"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

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.

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

charter school or cyber charter school.

"Charter school foundation" shall mean a nonprofit

organization, as defined 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.

["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.]

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"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 for-

profit education management organization, nonprofit charter

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.

"Immediate family member" shall mean a parent, spouse, child,

brother or sister.

"Local board of school directors" shall mean the board of

directors [of], a school reform commission or other governing

authority of a school district or a financial recovery school

district in which a proposed or an approved charter school is

located.

"Nonrelated" shall mean an individual who is not an immediate

family member.

"Regional charter school" shall mean an independent public

school established and operated under a charter from more than

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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.

"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.

Section 5. Section 1715-A of the act, amended or added June

19, 1997 (P.L.225, No.22) and July 9, 2008 (P.L.846, No.61), is

amended to read:

Section 1715-A. Charter School Entity Requirements.--(a)

Charter [schools] school entities shall be required to comply

with the following provisions:

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

school entity 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

charter [schools] school entities. Charter [schools] school

entities are not exempt from statutes applicable to public

schools other than this act.

(2) A charter school entity shall be accountable to the

parents, the public and the Commonwealth, with the delineation

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of that accountability reflected in the charter. Strategies for

meaningful parent and community involvement shall be developed

and implemented by each school.

(3) A charter school entity shall not unlawfully

discriminate in admissions, hiring or operation.

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

operations.

(5) (i) [A] Subject to subparagraph (ii), a charter school

entity shall not provide any religious instruction, nor shall it

display religious objects and symbols on the premises of the

charter school[.] entity.

(ii) It shall not be a violation of this paragraph for a

charter school entity to utilize a sectarian facility:

(A) if the charter school entity provides for discrete and

separate entrances to buildings utilized for school purposes

only;

(B) if the religious objects and symbols within the portions

of the facility utilized by the school are covered or removed to

the extent reasonably feasible; or

common areas contain religious symbols and objects.

(6) A charter school entity shall not advocate unlawful

behavior.

(7) A charter school or regional charter school shall only

be subject to the laws and regulations as provided for in

section 1732-A, or as otherwise provided for in this [article]

act.

(7.1) A cyber charter school shall only be subject to the

laws and regulations as provided for in section 1749-A or as

otherwise provided for in this act.

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(8) A charter school entity shall participate in [the

Pennsylvania State Assessment System as provided for in 22 Pa.

Code Ch. 5 (relating to curriculum), or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 5,] assessments in the

manner in which the school district in which the charter school

entity is located is scheduled to participate.

(9) A charter school entity shall provide a minimum of one

hundred eighty (180) days of instruction or nine hundred (900)

hours per year of instruction at the elementary level, or nine

hundred ninety (990) hours per year of instruction at the

secondary level. Nothing in this clause shall preclude the use

of computer and satellite linkages for delivering instruction to

students.

(10) Boards of trustees and contractors of charter [schools]

school entities shall be subject to the following statutory

requirements governing construction projects and construction-

related work:

(i) The following provisions of this act:

(A) Sections 751 and 751.1.

(B) Sections 756 and 757 insofar as they are consistent with

the act of December 20, 1967 (P.L.869, No.385), known as the

"Public Works Contractors' Bond Law of 1967."

(ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104),

entitled "An act regulating the letting of certain contracts for

the erection, construction, and alteration of public buildings."

(iii) The act of August 11, 1961 (P.L.987, No.442), known as

the "Pennsylvania Prevailing Wage Act."

(iv) The "Public Works Contractors' Bond Law of 1967."

(v) The act of March 3, 1978 (P.L.6, No.3), known as the

"Steel Products Procurement Act."

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(11) Trustees of a charter school entity shall be public

officials[.] for the purposes of 65 Pa.C.S. Ch. 11 (relating to

ethics standards and financial disclosure) and shall file a

statement of financial interests for the preceding calendar year

with both the State Ethics Commission and either, in the case of

a charter school or regional charter school, the local board of

school directors or, in the case of a cyber charter school, the

department, not later than May 1 of each year that members hold

the position and of the year after a member leaves the position.

All members of the board of trustees of a charter school entity

shall take the oath of office as required under section 321

before entering upon the duties of their office.

[(12) A person who serves as an administrator for a charter

school shall not receive compensation from another charter

school or from a company that provides management or other

services to another charter school. The term "administrator"

shall include the chief executive officer of a charter school

and all other employes of a charter school who by virtue of

their positions exercise management or operational oversight

responsibilities. A person who serves as an administrator for a

charter school shall be a public official under 65 Pa.C.S. Ch.

11 (relating to ethics standards and financial disclosure). A

violation of this clause shall constitute a violation of 65

Pa.C.S. § 1103(a) (relating to restricted activities), and the

violator shall be subject to the penalties imposed under the

jurisdiction of the State Ethics Commission.]

(b) An individual who serves as an administrator for a

charter school entity shall be a public employe for the purposes

of 65 Pa.C.S. Ch. 11 and shall file a statement of financial

interests for the preceding calendar year with the board of

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trustees not later than May 1 of each year that the person holds

the position and of the year after the person leaves the

position.

charter school entity may receive compensation from another

charter school entity or from an educational management service

provider, unless:

(i) The administrator has submitted a sworn statement to the

board of trustees of the charter school entity and the sworn

statement details the work for the other entity and includes the

projected number of hours, rate of compensation and projected

duration.

(ii) The board of trustees of the charter school entity has

reviewed the sworn statement under subclause (i) and agreed, by

resolution, to grant permission to the administrator.

(2) A copy of the sworn statement under clause (1)(i) and

the resolution by the board of trustees of the charter school

entity granting the permission under clause (1)(ii) shall be

provided to and kept on file with the charter school entity and

the board of local school directors or, in the case of a cyber

charter school, the department.

(3) No administrator of a charter school entity or immediate

family member may serve as a voting member of the board of

trustees of the charter school entity that employs the

administrator.

(4) (i) No administrator of a charter school entity may

participate in the selection, award or administration of a

contract if the person has a conflict of interest as that term

is defined in 65 Pa.C.S. § 1102 (relating to definitions).

(ii) An administrator who knowingly violates this clause

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commits a violation of 65 Pa.C.S. § 1103(a) (relating to

restricted activities) and shall be subject to the penalties

imposed under the jurisdiction of the State Ethics Commission.

(iii) Any contract made in violation of this clause shall be

voidable by the board of trustees of the charter school entity.

(5) An administrator shall be immediately dismissed upon

conviction for an offense graded as a felony, an infamous crime,

an offense pertaining to fraud, theft or mismanagement of public

funds or any crime involving moral turpitude.

Section 6. Section 1716-A(c) of the act, added June 19, 1997

(P.L.225, No.22), is amended and the section is amended by

adding subsections to read:

Section 1716-A. Powers of Board of Trustees.--* * *

(b.1) (1) For a charter school or regional charter school

chartered after the effective date of this subsection, an

individual shall be prohibited from serving as a voting member

of the board of trustees of the charter school or regional

charter school if the individual or an immediate family member

receives compensation from or is employed by or is a member of

the local board of school directors who participated in the

initial review, approval, oversight, evaluation or renewal

process of the charter school or regional charter school

chartered by that board.

(2) An employe of the school district that chartered the

charter school or the regional charter school may serve as a

member of the board of trustees of the charter school or

regional charter school without voting privileges.

(b.2) (1) No member of the board of trustees of a charter

school entity may participate in the selection, award or

administration of any contract if the member has a conflict of

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interest as that term is defined in 65 Pa.C.S. § 1102 (relating

to definitions).

(2) Any member of the board of trustees of a charter school

entity who in the discharge of the person's official duties

would be required to vote on a matter that would result in a

conflict of interest shall abstain from voting and follow the

procedures required under 65 Pa.C.S. § 1103(j) (relating to

restricted activities).

(3) A member of the board of trustees of a charter school

entity who knowingly violates this subsection commits a

violation of 65 Pa.C.S. § 1103(a) and shall be subject to the

penalties imposed under the jurisdiction of the State Ethics

Commission.

(4) A contract made in violation of this subsection shall be

voidable by a court of competent jurisdiction, if the suit is

commenced within ninety (90) days of the making of the contract.

(5) No member of the board of trustees of a charter school

entity shall be compensated for duties on the board of trustees.

(b.3) A member of the board of trustees of a charter school

entity shall be automatically disqualified and immediately

removed from the board upon conviction for an offense graded as

a felony, an infamous crime, an offense pertaining to fraud,

theft or mismanagement of public funds, any offense pertaining

to his official capacity as a board member or any crime

involving moral turpitude.

3, 1986 (P.L.388, No.84), known as the "Sunshine Act."] 65

Pa.C.S. Ch. 7 (relating to open meetings).

(d) (1) (i) The board of trustees of a charter school

entity shall consist of a minimum of five (5) nonrelated voting

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members.

(ii) If a charter school entity has fewer than five (5)

nonrelated voting members serving on its board on the effective

date of this subsection, the charter school entity shall, within

sixty (60) days, appoint additional members to the board to meet

the minimum requirements of this section.

(2) Within one (1) year of the effective date of this

subsection, at least one (1) member of the board of trustees of

a charter school entity shall be a parent of a child currently

attending the charter school entity. The board member shall be

eligible to serve only so long as the child attends the charter

school entity.

(e) (1) A majority of the voting members of the board of

trustees shall constitute a quorum. If less than a majority is

present at any meeting, no business may be transacted at the

meeting.

(2) The affirmative vote of a majority of all the voting

members of the board of trustees, duly recorded, shall be

required in order to take action on the subjects enumerated

under subsection (a).

Section 7. The act is amended by adding sections to read:

Section 1716.1-A. (Reserved).

Section 1716.2-A. Fund Balance Limits.--Fund balance limits

shall be as follows:

(1) For the 2015-2016 school year and each school year

thereafter, a charter school entity shall not accumulate an

unassigned fund balance greater than the charter school entity

unassigned fund balance limit, which will be determined as

follows:

Maximum Unassigned Fund

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Charter School Entity

Total Budgeted Expenditures

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%

Between $16,000,000 and $16,999,999 9.5%

Between $17,000,000 and $17,999,999 9%

Between $18,000,000 and $18,999,999 8.5%

Greater Than or Equal to $19,000,000 8%

(2) Any unassigned fund balance in place on June 30, 2017 ,

that exceeds the charter school entity unassigned fund balance

limit shall be refunded on a pro rata basis within ninety (90)

days to all school districts that paid tuition to the charter

school entity on behalf of students enrolled in the 2015-2016

and 2016-2017 school years.

(3) For the 2017-2018 school year and each school year

thereafter, any unassigned fund balance in place on June 30 of

that school year in excess of the charter school entity

unassigned fund balance limit shall be refunded on a pro rata

basis within ninety (90) days to all school districts that paid

tuition to the charter school entity in the prior school year.

(4) By September 30, 2017 , and August 15 of each year

thereafter, each charter school entity shall provide the

department and all school districts that paid tuition to the

charter school entity in the prior school year with information

certifying compliance with this section. The information shall

be provided in a form and manner prescribed by the department

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and shall include information on the charter school entity's

estimated ending unassigned fund balance expressed as a dollar

amount and as a percentage of the charter school entity's total

budgeted expenditures for that school year.

(5) Unassigned funds of the charter school entity in excess

of the unassigned fund balance limit may not be used to pay

bonuses to any administrator, board of trustees member, employe,

staff member or contractor and may not be transferred to a

charter school foundation. If a charter school entity uses funds

in excess of the unassigned fund balance limit to pay bonuses to

any administrator, board of trustees member, employe, staff

member or contractor or transfers such funds to a charter school

foundation, the value of the bonus payment or fund transfer

shall be refunded by the charter school entity on a pro rata

basis to all school districts that paid tuition to the charter

school entity on behalf of students enrolled in the charter

school entity in the immediately preceding school year.

(6) As used in this section, "unassigned fund balance" shall

mean that portion of the fund balance of a charter school entity

that provides funding or resources or otherwise serves to

support the charter school entity that is:

(i) available for expenditure or not legally or otherwise

segregated for a specific or tentative future use; and

(ii) held in the general fund accounts of the charter school

entity.

Section 8. Section 1717-A(c), (d), (e), (f) and (i) of the

act, added June 19, 1997 (P.L.225, No.22), are amended and the

section is amended by adding subsections to read:

Section 1717-A. Establishment of Charter School.--* * *

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submitted to the local board of school directors of the district

where the charter school will be located by [November 15]

October 1 of the school year preceding the school year in which

the charter school will be established except that for a charter

school beginning in the 1997-1998 school year, an application

must be received by July 15, 1997. In the 1997-1998 school year

only, applications shall be limited to recipients of fiscal year

1996-1997 Department of Education charter school planning

grants.

(d) Within forty-five (45) days of receipt of an

application, the local board of school directors in which the

proposed charter school is to be located shall hold at least one

public hearing on the provisions of the charter application,

under [the act of July 3, 1986 (P.L.388, No.84), known as the

"Sunshine Act."] 65 Pa.C.S. Ch. 7 (relating to open meetings).

At least forty-five (45) days must transpire between the first

public hearing and the final decision of the board on the

charter application except that for a charter school beginning

in the 1997-1998 school year, only thirty (30) days must

transpire between the first public hearing and the final

decision of the board.

(e) (1) Not later than seventy-five (75) days after the

first public hearing on the application, the local board of

school directors shall grant or deny the application. For a

charter school beginning in the 1997-1998 school year, the local

board of school directors shall grant or deny the application no

later than sixty (60) days after the first public hearing.

(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

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following:

(i) The demonstrated, sustainable support for the charter

school plan by teachers, parents, other community members and

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.

(3) The local board of school directors, in the case of an

existing school being converted to a charter school, shall

establish the alternative arrangements for current students who

choose not to attend the charter school.

(4) A charter application shall be deemed approved by the

local board of school directors of a school district upon

affirmative vote by a majority of all the directors. Formal

action approving or denying the application shall be taken by

the local board of school directors at a public meeting, with

notice or consideration of the application given by the board,

under [the "Sunshine Act."] 65 Pa.C.S. Ch. 7.

(5) Written notice of the board's action shall be sent to

the applicant, the department and the appeal board. If the

application is denied, the reasons for the denial, including a

description of deficiencies in the application, shall be clearly

stated in the notice sent by the local board of school directors

to the charter school applicant.

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(f) At the option of the charter school applicant, a denied

application may be revised and resubmitted to the local board of

school directors. Following the appointment and confirmation of

the Charter School Appeal Board under section 1721-A, the

decision of the local board of school directors may be appealed

to the appeal board. When an application is revised and

resubmitted to the local board of school directors, the board

may schedule additional public hearings on the revised

application. The board shall consider the revised and

resubmitted application at the first board meeting occurring at

least forty-five (45) days after receipt of the revised

application by the board. For a revised application resubmitted

for the 1997-1998 school year, the board shall consider the

application at the first board meeting occurring at least thirty

(30) days after its receipt. The board shall provide notice of

consideration of the revised application under [the "Sunshine

Act."] 65 Pa.C.S. Ch. 7. No appeal from a decision of a local

school board may be taken until July 1, 1999.

* * *

(i) (1) The appeal board shall have the exclusive review of

an appeal by a charter school applicant, or by the board of

trustees of an existing charter school, of a decision made by a

local board of directors not to grant a charter as provided in

this section.

[(2) In order for a charter school applicant to be eligible

to appeal the denial of a charter by the local board of

directors, the applicant must obtain the signatures of at least

two per centum of the residents of the school district or of one

thousand (1,000) residents, whichever is less, who are over

eighteen (18) years of age. For a regional charter school, the

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applicant must obtain the signatures of at least two per centum

of the residents of each school district granting the charter or

of one thousand (1,000) residents from each of the school

districts granting the charter, whichever is less, who are over

eighteen (18) years of age. The signatures shall be obtained

within sixty (60) days of the denial of the application by the

local board of directors in accordance with clause (3).

(3) Each person signing a petition to appeal denial of a

charter under clause (2) shall declare that he or she is a

resident of the school district which denied the charter

application and shall include his or her printed name;

signature; address, including city, borough or township, with

street and number, if any; and the date of signing. All pages

shall be bound together. Additional pages of the petition shall

be numbered consecutively. There shall be appended to the

petition a statement that the local board of directors rejected

the petition for a charter school, the names of all applicants

for the charter, the date of denial by the board and the

proposed location of the charter school. No resident may sign

more than one petition relating to the charter school

application within the sixty (60) days following denial of the

application. The department shall develop a form to be used to

petition for an appeal.

(4) Each petition shall have appended thereto the affidavit

of some person, not necessarily a signer, setting forth all of

the following:

(i) That the affiant is a resident of the school district

referred to in the petition.

(ii) The affiant's residence, giving city, borough or

township, with street and number, if any.

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(iii) That the signers signed with full knowledge of the

purpose of the petition.

(iv) That the signers' respective residences are correctly

stated in the petition.

(v) That the signers all reside in the school district.

(vi) That each signer signed on the date set forth opposite

the signer's name.

(vii) That to the best of the affiant's knowledge and

belief, the signers are residents of the school district.

(5) If the required number of signatures are obtained within

sixty (60) days of the denial of the application, the applicant

may present the petition to the court of common pleas of the

county in which the charter school would be situated. The court

shall hold a hearing only on the sufficiency of the petition.

The applicant and local board of school directors shall be given

seven (7) days' notice of the hearing. The court shall issue a

decree establishing the sufficiency or insufficiency of the

petition. If the petition is sufficient, the decree shall be

transmitted to the State Charter School Appeal Board for review

in accordance with this section. Notification of the decree

shall be given to the applicant and the local board of

directors.]

(6) In any appeal, the decision made by the local board of

directors shall be reviewed by the appeal board on the record as

certified by the local board of directors. 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. The appeal board shall have the discretion to allow

the local board of directors and the charter school applicant to

20150SB0856PN0968 - 20 -

supplement the record if the supplemental information was

previously unavailable.

(7) Not later than thirty (30) days after the date of notice

of the acceptance of the appeal, the appeal board shall meet to

officially review the certified record.

(8) Not later than sixty (60) days following the review

conducted pursuant to clause (6), the appeal board shall issue a

written decision affirming or denying the appeal. If the appeal

board has affirmed the decision of the local board of directors,

notice shall be provided to both parties.

(9) A decision of the appeal board to reverse the decision

of the local board of directors shall serve as a requirement for

the local board of directors of a school district or school

districts, as appropriate, to grant the application and sign the

written charter of the charter school as provided for in section

1720-A. Should the local board of directors fail to grant the

application and sign the charter within ten (10) days of notice

of the reversal of the decision of the local board of directors,

the charter shall be deemed to be approved and shall be signed

by the chairman of the appeal board.

(10) All decisions of the appeal board shall be subject to

appellate review by the Commonwealth Court.

(j) Notwithstanding the provisions of section 696(i) or any

other provision of law to the contrary, a school reform

commission considering an application to establish a charter

school in a school district of the first class shall comply with

subsection (e)(5).

(k) Notwithstanding the provisions of section 696(i) or any

other provision of law to the contrary, a charter school

applicant may appeal a decision of a school reform commission to

20150SB0856PN0968 - 21 -

deny an application to establish a charter school in a school

district of the first class to the appeal board. Subsections

(g), (h) and (i) shall apply to an appeal under this subsection.

Section 9. Section 1719-A of the act, added June 19, 1997

(P.L.225, No.22), is amended to read:

Section 1719-A. Contents of Application.--[An] (a) The

department shall create a standard application form for charter

school applicants seeking to establish a charter school entity

and for existing charter school entities seeking renewal of

their charters. The form shall be published in the Pennsylvania

Bulletin and posted on the department's publicly accessible

Internet website. The form shall include all of the following

information:

(1) The identification of the charter school applicant.

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

(3) The grade or age levels served by the school.

(4) [The proposed governance structure of the charter

school, including a description and method for the appointment

or election of members of the board of trustees.] An

organizational chart clearly presenting the proposed governance

structure of the school, including lines of authority and

reporting between the board of trustees, administrators, staff

and any educational management service provider that will

provide management services to the charter school entity.

(4.1) A clear description of the roles and responsibilities

for the board of trustees, administrators and any other

entities, including a charter school foundation, shown in the

organizational chart.

(4.2) A clear description of and method for the appointment

or election of members of the board of trustees.

20150SB0856PN0968 - 22 -

(4.3) Standards for board of trustees performance, including

compliance with all applicable laws, regulations and terms of

the charter.

(4.4) If the charter school entity intends to contract with

an educational management service provider for services, all of

the following:

(i) Evidence of the educational management service

provider's record in serving student populations, including

demonstrated academic achievement and demonstrated management of

nonacademic school functions, including proficiency with public

school-based accounting, if applicable.

(ii) A draft contract 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.

school staff and the educational management service provider.

(D) The scope of services, personnel and resources to be

provided by the educational management service provider.

(E) Performance evaluation measures and timelines.

(F) The compensation structure, including clear

identification of all fees to be paid to the educational

management service provider.

(G) Methods of contract oversight and enforcement.

(H) Investment disclosure or the advance of moneys by the

educational management service provider on behalf of the charter

school entity.

(I) Conditions for renewal and termination of the contract.

(iii) Disclosure and explanation of any existing or

potential conflicts of interest between the members of the board

20150SB0856PN0968 - 23 -

of trustees and the proposed educational management service

provider or any affiliated business 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.).

(5) The mission and education goals of the charter school

entity, the curriculum to be offered and the methods of

assessing whether students are meeting educational goals.

(6) The admission and enrollment policy [and criteria for

evaluating the admission of students] which shall comply with

the requirements of section 1723-A.

(7) Procedures which will be used regarding the suspension

or expulsion of pupils. Said procedures shall comply with

section 1318.

(8) Information on the manner in which community groups will

be involved in the charter school entity planning process.

(9) The financial plan for the charter school entity and the

provisions which will be made for auditing the school under

[section] sections 437 and 1728-A, including the role of any

charter school foundation.

(10) Procedures which shall be established to review

complaints of parents regarding the operation of the charter

school entity.

(11) A description of and address of the physical facility

in which the charter school entity will be located and the

ownership thereof and any lease arrangements.

(12) Information on the proposed school calendar for the

charter school entity, including the length of the school day

and school year consistent with the provisions of section 1502.

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

20150SB0856PN0968 - 24 -

professional development and continuing education plan for the

faculty and professional staff of [a] the charter school entity.

(14) Whether any agreements have been entered into or plans

developed with the local school district regarding participation

of the charter school entity's students in extracurricular

activities within the school district. Notwithstanding any

provision to the contrary, no school district of residence shall

prohibit a student of a charter school entity from participating

in any extracurricular activity of that school district of

residence: Provided, That the student is able to fulfill all of

the requirements of participation in such activity and the

charter school entity does not provide the same extracurricular

activity.

(15) A report of criminal history record, pursuant to

section 111, for all individuals identified in the application

who shall have direct contact with students and a plan for

satisfying the proper criminal history record clearances

required for all other staff.

(16) An official clearance statement regarding child injury

or abuse from the Department of Public Welfare as required by 23

Pa.C.S. Ch. 63 Subch. C.2 (relating to background checks for

employment in schools) for all individuals identified in the

application who shall have direct contact with students and a

plan for satisfying the proper official clearance statement

regarding child injury or abuse required for all other staff.

(17) How the charter school entity will provide adequate

liability and other appropriate insurance for the charter school

entity, its employes and the board of trustees of the charter

school entity.

(18) Policies regarding truancy, absences and withdrawal of

20150SB0856PN0968 - 25 -

students, including the manner in which the charter school

entity will monitor attendance consistent with section 1715-A(a)

(9). The charter school entity's policy shall establish, to the

satisfaction of the local board of school directors or, in the

case of cyber charter school, to the satisfaction of the

department, that the charter school entity will comply with

sections 1332 and 1333, including the institution of truancy

proceedings when required under section 1333.

(19) How the charter school entity will meet the standards

included in the performance matrix developed by the department

under section 1731.1-A.

(20) Indicate whether or not the charter school entity will

seek 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.

(b) A local board of school directors may not impose

additional terms, develop its own application or require

additional information outside the standard application form

required under subsection (a).

Section 10. Section 1720-A of the act, amended July 9, 2008

(P.L.846, No.61), is amended to read:

Section 1720-A. Term and Form of Charter.--(a) (1) Upon

approval of a charter application under section 1717-A, a

written charter shall be developed which shall contain the

provisions of the standardized charter application under section

1719-A and which shall be signed by the local board of school

directors of a school district, by the local boards of school

20150SB0856PN0968 - 26 -

directors of a school district in the case of a regional charter

school or by the chairman of the appeal board pursuant to

section [1717-A(i)(5)] 1717-A(i)(9) and the board of trustees of

the charter school or regional charter school. This written

charter, when duly signed by the local board of school directors

of a school district, [or] by the local boards of school

directors of a school district in the case of a regional charter

school or by the chairman of the appeal board, and the charter

school's or regional charter school's board of trustees, shall

act as legal authorization for the establishment of a charter

school or regional charter school. This written charter shall be

legally binding on both the local board of school directors of a

school district and the charter school's or regional charter

school's board of trustees. [Except as otherwise provided in

subsection (b), the charter shall be for a period of no less

than three (3) nor more than five (5) years and may be renewed

for five (5) year periods upon reauthorization by the local

board of school directors of a school district or the appeal

board.] If the charter school or regional charter school

contracts with an educational management service provider, a

contract shall be executed once the charter is approved. A

charter will be granted only for a school organized as a public,

nonprofit corporation.

(2) The following shall apply to all charters granted by a

school district:

(i) An initial charter executed pursuant to section

1720- A(a)(1) shall be for a period of five (5) years.

(ii) Prior to the effective date of the regulations

implementing the performance matrix as required under section

1731.1-A, a charter may be renewed for five (5) year periods

20150SB0856PN0968 - 27 -

upon reauthorization by the local board of school directors or

other governing body of a school district or the appeal board.

(iii) Upon the effective date of the regulations

implementing the performance matrix as required pursuant to

section 1731.1-A, the following shall apply:

(A) For charter schools and regional charter schools that

have satisfied the academic quality benchmark established by the

State Board of Education pursuant to section 1731.1-A, a charter

may be renewed for ten (10) year periods upon reauthorization by

the local board of school directors or other governing body of a

school district or the appeal board.

(B) For charter schools and regional charter schools that

have not satisfied the academic quality benchmark established by

the State Board of Education pursuant to section 1731.1-A, a

charter may be renewed for five (5) year periods upon

reauthorization by the local board of school directors or other

governing body of a school district or the appeal board.

(b) (1) Notwithstanding subsection (a), a governing board

of a school district of the first class may renew a charter for

a period of one (1) year if the board of school directors

determines that there is insufficient data concerning the

charter school's academic performance to adequately assess that

performance and determines that an additional year of

performance data would yield sufficient data to assist the

governing board in its decision whether to renew the charter for

a period of five (5) years.

(2) A one-year renewal pursuant to paragraph (1) shall not

be considered an adjudication and may not be appealed to the

State Charter School Appeal Board.

(3) A governing board of a school district of the first

20150SB0856PN0968 - 28 -

class does not have the authority to renew a charter for

successive one (1) year periods.

request amendments to its approved written charter by filing a

written document describing the requested amendment with the

local board of school directors.

(2) Within thirty-five (35) days of its receipt of the

request for an amendment, the local board of school directors

shall hold a public hearing on the requested amendment under 65

Pa.C.S. Ch. 7 (relating to open meetings).

(3) Within thirty-five (35) days after the hearing, the

local board of school directors shall grant or deny the

requested amendment. Failure by the local board of school

directors to hold a public hearing and to grant or deny the

amendments within the time period specified in this subsection

shall be deemed an approval.

(4) An applicant for an amendment to a local board of school

directors shall have the right to appeal the denial of a

requested amendment to the appeal board provided for under

section 1721-A.

Section 11. Section 1721-A(a) and (e) of the act, added June

19, 1997 (P.L.225, No.22), are amended to read:

Section 1721-A. State Charter School Appeal Board.--(a) The

State Charter School Appeal Board shall consist of the Secretary

of Education and [six (6)] the following members who shall be

appointed by the Governor by and with the consent of a majority

of all the members of the Senate. [Appointments by the Governor

shall not occur prior to January 1, 1999.] The Governor shall

select the chairman of the appeal board to serve at the pleasure

of the Governor. The members shall include:

20150SB0856PN0968 - 29 -

(1) A parent of a school-aged child enrolled in a charter

school entity.

(2) A school board member.

(3) A certified teacher actively employed in a public

school.

(4) A faculty member or administrative employe of an

institution of higher education.

(5) A member of the business community.

(6) A member of the State Board of Education.

(7) An administrator of a charter school entity.

(8) A member of the board of trustees of a charter school

entity.

The term of office of members of the appeal board, other than

the secretary, shall be for a period of four (4) years or until

a successor is appointed and qualified, except that, of the

initial appointees, the Governor shall designate two (2) members

to serve terms of two (2) years, two (2) members to serve terms

of three (3) years and two (2) members to serve terms of four

(4) years. A parent member appointed under paragraph (1) shall

serve a term of four (4) years, provided the member's child

remains enrolled in the charter school entity. Any appointment

to fill any vacancy shall be for the period of the unexpired

term or until a successor is appointed and qualified.

* * *

(e) Meetings of the appeal board shall be conducted under

[the act of July 3, 1986 (P.L.388, No.84), known as the

"Sunshine Act."] 65 Pa.C.S. Ch. 7 (relating to open meetings).

Documents of the appeal board shall be subject to the act of

[June 21, 1957 (P.L.390, No.212), referred to as the Right-to-

Know Law.] February 14, 2008 (P.L.6, No.3), known as the "Right-

20150SB0856PN0968 - 30 -

to-Know Law."

Section 12. Section 1722-A(a), (b) and (d) of the act,

amended November 17, 2010 (P.L.996, No.104), are amended and the

section is amended by adding subsections to read:

Section 1722-A. Facilities.--(a) A charter school entity

may be located in an existing public school building, in a part

of an existing public school building, in space provided on a

privately owned site, in a public building or in any other

suitable location.

(b) The charter school entity facility shall be exempt from

public school facility regulations except those pertaining to

the health or safety of [the pupils] students.

(b.1) (1) A charter school entity shall have the right of

first refusal to purchase or lease, for educational purposes

only, a public school building or a part of a public school

building which is no longer in active use by the property

titleholder, at the price of one of the following:

(i) The last best offer above fair market value received in

the ninety (90) days preceding the charter school entity's

offer.

(ii) Fair market value, if no offer has been received in the

ninety (90) days preceding the charter school entity's offer.

(iii) Below fair market value, upon the mutual agreement of

the school entity and the charter school entity.

(2) Subject to paragraph (4), a school entity shall accept

an offer from a charter school entity that conforms to the

provisions of paragraph (1).

(3) The department shall provide a page on its publicly

accessible Internet website on which school entities are

required to post a notice for each public school building or

20150SB0856PN0968 - 31 -

part of a public school building that is available for purchase

or lease. A school entity shall submit a notice to the

department on a form to be developed by the department. The

department shall post the notice within five (5) days of

receiving the form.

(4) The following shall apply to the sale or lease of a

public school building or a part of a public school building by

a school entity:

(i) A school entity may not enter a contract to sell or

lease a building or part of a building until at least thirty

(30) days after the posting of a notice as required under

paragraph (3).

(ii) Where two (2) or more charter school entities make

offers on the same building or part of a building that conform

to the provisions of this subsection, the school entity shall:

(A) Accept the first offer where all the offers are equal.

(B) Accept the best offer where the offers differ.

(d) Notwithstanding any other provision of this act, a

school district [of the first class] may, in its discretion,

permit a charter school or regional charter school to operate

its school at more than one location.

* * *

(f) (1) Alcoholic beverages shall not be available for

consumption, purchase or sale in any charter school entity

facility.

(2) If , in the case of a charter school or regional charter

school, the local board of school directors reasonably believes

that alcoholic beverages have been made available for

consumption, purchase or sale in the charter school or regional

charter school facility, the local board of school directors

20150SB0856PN0968 - 32 -

shall notify the department.

(3) If alcoholic beverages have been made available for

consumption, purchase or sale in a charter school entity

facility, the secretary shall order the following forfeitures

against the charter school entity:

(i) A fine of $1,000 for the first violation.

(ii) A fine of $5,000 for the second or subsequent

violation.

(4) The charter school entity may appeal the order of the

secretary under 2 Pa.C.S. Chs. 5 (relating to practice and

procedure) and 7 (relating to judicial review).

Section 13. Section 1723-A(a) and (b) of the act, amended

June 26, 1999 (P.L.394, No.36) are amended to read:

Section 1723-A. [Enrollment] Admission and Enrollment

Requirements.--(a) (1) All resident children in this

Commonwealth who submit a completed enrollment form in

accordance with clause (3) qualify for admission to a charter

school entity within the provisions of subsection (b). [If] In

the case of a charter school, 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] eligible

applicants who have submitted an enrollment form in accordance

with clauses (3) and (4) 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

and to siblings of students selected for enrollment during the

20150SB0856PN0968 - 33 -

lottery process. First preference shall be given to students who

reside in the district or districts[.] in which the charter

school is physically located .

(2) If a charter school has a waiting list following its

initial selection of eligible applicants under clause (1), the

charter school shall select eligible applicants from the waiting

list as spaces become available. All children shall be assigned

to the waiting list on a random basis. When selecting eligible

applicants from the waiting list, a charter school shall give

first preference to students as provided under clause (1) and to

those who reside in the district or districts in which the

charter school is physically located until the charter school

again reaches its maximum capacity of students. If a charter

school has a waiting list, once the charter school has exhausted

the waiting list of resident children, it may then enroll

children on the waiting list who reside outside of the district.

Nonresident children shall also be selected on a random basis.

(3) The department, in consultation with representatives of

charter school entities, shall develop a standard enrollment

form that shall be used by all eligible applicants to apply to a

charter school entity. The standard enrollment form shall only

request information necessary to allow the charter school entity

to identify the student, grade level and residency, including:

(i) The student's name, physical address, telephone number,

age, birth date and current grade level.

(ii) The name, physical address, telephone number and e-mail

address of the student's parent or guardian.

(4) The standard enrollment form shall be made physically

available at each charter school entity, in a form that complies

with Federal and State law and posted on the publicly accessible

20150SB0856PN0968 - 34 -

Internet website of each charter school entity, if available. A

charter school entity may accept the enrollment form via

electronic means.

(5) When a student applies to a charter school entity, a

charter school entity shall not require or request information

beyond the contents of the standard enrollment form developed by

the department.

(6) Nothing in this section shall prohibit a charter school

entity from requesting the submission of additional records and

information that public schools are entitled to receive after a

student is accepted for admission to a charter school entity.

(7) As used in this subsection "eligible applicant" shall

mean a student who is seeking to enter a grade level offered by

the charter school 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.

(b) (1) A charter school entity shall not discriminate in

its admission policies or practices on the basis of intellectual

ability, [except as provided in paragraph (2), or] athletic

ability, measures of achievement or aptitude, status as a person

with a disability, proficiency in the English language or any

other basis that would be illegal if used by a school district.

(2) A charter school entity may limit [admission] its

academic focus to a particular grade level[,] or a targeted

population group composed of at-risk students[, or areas of

concentration of the school such as mathematics, science or the

20150SB0856PN0968 - 35 -

arts. A charter school may establish reasonable criteria to

evaluate prospective students which shall be outlined in the

school's charter.] or a specialized area or accelerated program

of study, such as mathematics, science or the arts.

* * *

Section 14. Section 1724-A(d) of the act, added June 19,

1997 (P.L.225, No.22), is reenacted and amended to read:

Section 1724-A. School Staff.--* * *

(d) Every employe of a charter school shall be provided [the

same] similar health care benefits as the employe would be

provided if he or she were an employe of the local district. The

local board of school directors may require the charter school

to provide [the same] similar terms and conditions with regard

to health insurance as the collective bargaining agreement of

the school district to include employe contributions to the

district's health benefits plan. The charter school shall make

any required employer's contribution to the district's health

plan to an insurer, a local board of school directors or a

contractual representative of school employes, whichever is

appropriate to provide the required coverage.

* * *

Section 15. Section 1725-A(a)(2) of the act, amended June

29, 2002 (P.L.524, No.88), is amended to read:

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

for a charter school shall be provided in the following manner:

* * *

(2) For non-special education students, the charter school

shall receive for each student enrolled no less than the

budgeted total expenditure per average daily membership of the

prior school year, as defined in section 2501(20), minus the

20150SB0856PN0968 - 36 -

budgeted expenditures of the district of residence for nonpublic

school programs; adult education programs; community/junior

college programs; student transportation services; for special

education programs; facilities acquisition, construction and

improvement services; programs and services to the extent they

are funded from the proceeds of competitive grants from private

or public resources or from contributions or donations from

private sources; and other financing uses, including debt

service and fund transfers as provided in the Manual of

Accounting and Related Financial Procedures for Pennsylvania

School Systems established by the department. This amount shall

be paid by the district of residence of each student.

* * *

Section 16. Section 1728-A(a) of the act, added June 19,

1997 (P.L.225, No.22), is amended to read:

Section 1728-A. Annual Reports and Assessments.--(a) (1)

The local board of school directors shall annually assess

whether each charter school or regional charter school is

meeting the goals of its charter and shall conduct a

comprehensive review prior to granting a [five (5) year] renewal

of the charter under section 1720-A(a)(2). The local board of

school directors shall have ongoing access to the records and

facilities of the charter school or regional charter school to

ensure that the charter school or regional charter school is in

compliance with its charter and this act and that requirements

for testing, civil rights and student health and safety are

being met.

(2) Ongoing access to a charter school's or regional charter

school's records shall mean that the local board of school

directors shall have access to records such as financial

20150SB0856PN0968 - 37 -

reports, financial audits, aggregate standardized test scores

without student-identifying information and teacher

certification and personnel records.

(3) Charter schools and regional 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. No personally identifiable

information from education records shall be provided by the

charter school or regional charter school to the school district

except in compliance with the Family Educational Rights and

Privacy Act of 1974.

(b) In order to facilitate the local board's review and

secretary's report, each charter school or regional charter

school shall submit an annual report no later than August 1 of

each year to the local board of school directors and the

secretary in the form prescribed by the secretary.

[(c) Five (5) years following the effective date of this

article, the secretary shall contract with an independent

professional consultant with expertise in public and private

education. The consultant shall receive input from members of

the educational community and the public on the charter school

program. The consultant shall submit a report to the secretary,

the Governor and the General Assembly and an evaluation of the

charter school program, which shall include a recommendation on

the advisability of the continuation, modification, expansion or

termination of the program and any recommendations for changes

in the structure of the program.]

(d) A charter school entity shall form an independent audit

committee of its board members which shall review at the close

of each fiscal year a complete certified audit of the operations

20150SB0856PN0968 - 38 -

of the charter school entity. The audit shall be conducted by a

qualified independent certified public accountant. The audit

shall be conducted under generally accepted audit standards of

the Governmental Accounting Standards Board and shall include

the following:

(1) An enrollment test to verify the accuracy of student

enrollment and reporting to the State.

(2) Full review of expense reimbursements for board members

and administrators, including sampling of all reimbursements.

(3) Review of internal controls, including review of

receipts and disbursements.

(4) Review of annual Federal and State tax filings,

including the Internal Revenue Service Form 990, Return of

Organization Exempt from Income Tax and all related schedules

and appendices for the charter school entity and 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 under section 751.

(7) Review of all board policies and procedures with regard

to internal controls, code of ethics, conflicts of interest,

whistle-blower protections, complaints from parents or the

public, compliance with 65 Pa.C.S. Ch. 7 (relating to open

meetings), compliance with the "Right-to-Know Law," finances,

budgeting, audits, public bidding and bonding.

(e) The certified audit under subsection (d) and the annual

budget under subsection (g) are public documents and shall be

made available on the charter school entity's publicly

accessible Internet website, if available, and in the case of a

20150SB0856PN0968 - 39 -

charter school or regional charter school, on the school

district's publicly accessible Internet website.

(f) A charter school entity may be subject to an annual

audit by the Auditor General, in addition to any other audits

required by Federal law or this article.

(g) A charter school entity shall annually provide the

department and, in the case of a charter school or regional

charter school, shall annually provide the school district, with

a copy of the annual budget for the operation of the charter

school entity that identifies the following:

(1) The source of funding for all expenditures as part of

its reporting under subsection (a).

(2) Where funding is provided by a charter school

foundation, the amount of funds and a description of the use of

the funds.

(3) The salaries of all administrators of the charter school

entity.

(4) All expenditures to an educational management service

provider.

(h) (1) Notwithstanding any other provision of law, a

charter school entity and any affiliated charter school

foundation shall make copies of its annual Federal and State tax

filings available upon request and on the foundation's or

charter school entity's publicly accessible Internet website, if

applicable, including Internal Revenue Service Form 990, Return

of Organization Exempt from Income Tax and all related schedules

and appendices.

(2) The charter school foundation shall also make copies of

its annual budget available upon request and on the foundation's

or the charter school entity's publicly accessible Internet

20150SB0856PN0968 - 40 -

website within thirty (30) days of the close of the foundation's

fiscal year.

(3) The annual budget shall include the salaries of all

employes of the charter school foundation.

Section 17. The act is amended by adding a section to read:

Section 1728.2-A. Charter Authorizer Accountability.--(a)

Each local board of school directors shall be required to submit

to the department an annual report summarizing:

(1) The strategic vision for chartering and progress toward

achieving that vision.

(2) The academic and financial performance of all operating

public charter schools and regional charter schools overseen by

the local board of school directors according to the performance

expectations for public charter schools set forth in this act.

(3) The status of the local board of school directors'

charter school and regional charter school portfolio,

identifying all public charter schools in each of the following

categories: (i) approved, but not open; (ii) open and operating;

and (iii) closed, including the year closed and the reason for

closure.

(4) The authorizing functions provided by the local board of

school directors to the public charter schools and regional

charter schools under its purview, including the authorizer's

operating costs and expenses detailed in annual audited

financial statements that conform to generally accepted

accounting principles.

(b) The department shall be responsible for the following:

(1) Oversight of the performance of each established local

board of school directors.

(2) Formal evaluation of the overall State charter school

20150SB0856PN0968 - 41 -

program and outcomes every five years.

(3) For each local board of school directors an annual

review, based on objective data, to determine how well it is

exercising its duties and maintaining a portfolio of high-

performing charter schools.

(4) In reviewing or evaluating the performance of each local

board of school directors, the department shall apply nationally

recognized principles and standards of quality charter school

authorizing including, but not limited to, those of the National

Association of Charter School Authorizers.

publicly accessible Internet website and submit a summary report

regarding performance to the Governor and the General Assembly.

(d) (1) By November 30, 2016, the department shall develop

a plan for sanctioning local boards of school directors that

maintain portfolios with persistently low-performing charter

schools and regional charter schools and fail to provide

adequate oversight or intervention that may include a corrective

action plan and other sanctions deemed necessary by the

department.

(2) The department must issue its plan for sanctioning local

boards of school directors to the President pro tempore of the

Senate, the Majority Leader and Minority Leader of the Senate,

the Education Committee of the Senate, the Speaker of the House

of Representatives, the Majority Leader and Minority Leader of

the House of Representatives and the Education Committee of the

House of Representatives.

(3) The plan for sanctioning local boards of school

directors developed by the department shall not go into effect

unless the plan for sanctioning local boards of school directors

20150SB0856PN0968 - 42 -

is approved by an act of the General Assembly.

Section 18. Section 1729-A(a), (b) and (c) of the act, added

June 19, 1997 (P.L.225, No.22), are amended to read:

Section 1729-A. Causes for Nonrenewal or Termination.--(a)

During the term of the charter or at the end of the term of the

charter, the local board of school directors may choose to

revoke or not to renew the charter based on any of the

following:

(1) One or more material violations of any of the

conditions, standards or procedures contained in the written

charter signed pursuant to section 1720-A.

(2) Failure to meet the requirements for student performance

[set forth in 22 Pa. Code Ch. 5 (relating to curriculum) or

subsequent regulations promulgated to replace 22 Pa. Code Ch. 5]

on assessments or failure to meet any performance standard set

forth in the written charter signed pursuant to section [1716-A]

1720-A.

(3) Failure to meet generally accepted standards of fiscal

management or audit requirements.

(4) Violation of provisions of this article.

(5) Violation of any provision of law from which the charter

school entity has not been exempted, including Federal laws and

regulations governing children with disabilities.

[(6) The charter school has been convicted of fraud.]

* * *

(b) [A member of the board of trustees who is convicted of a

felony or any crime involving moral turpitude shall be

immediately disqualified from serving on the board of trustees.]

If, after a hearing under this section, a local board of school

directors or, in the case of a cyber charter school, the

20150SB0856PN0968 - 43 -

department proves by a preponderance of the evidence that an

administrator or board member of a charter school entity has

violated this article, the terms and conditions of the charter

or any other law, the local board of school directors or, in the

case of a cyber charter school, the department may require the

charter school entity to replace the administrator or board of

trustees member in order to obtain renewal of the charter. The

local board of school directors or, in the case of a cyber

charter school, the department may refer its findings to the

district attorney with jurisdiction or to the Office of Attorney

General for prosecution if the local board of school directors

or, in the case of a cyber charter school, the department

discovers or receives information about possible violations of

law by any person affiliated with or employed by a charter

school entity.

given by the local board of school directors of a school

district shall state the grounds for such action with reasonable

specificity and give reasonable notice to the [governing] board

of trustees of the charter school or regional charter school of

the date on which a public hearing concerning the revocation or

nonrenewal will be held. The local board of school directors

shall conduct such hearing, present evidence in support of the

grounds for revocation or nonrenewal stated in its notice and

give the charter school or regional charter school reasonable

opportunity to offer testimony before taking final action.

Formal action revoking or not renewing a charter shall be taken

by the local board of school directors held at a public meeting

pursuant to [the act of July 3, 1986 (P.L.388, No.84), known as

the "Sunshine Act,"] 65 Pa.C.S. Ch. 7 (relating to open

20150SB0856PN0968 - 44 -

meetings) after the public has had thirty (30) days to provide

comments to the board. All proceedings of the local board

pursuant to this subsection shall be subject to 2 Pa.C.S. Ch. 5

Subch. B (relating to practice and procedure of local agencies).

Except as provided in subsection (d), the decision of the local

board shall not be subject to 2 Pa.C.S. Ch. 7 Subch. B (relating

to judicial review of local agency action).

* * *

Section 19. The act is amended by adding sections to read:

Section 1729.1-A. Evaluation of Educators.--(a) All

applications by a charter school entity for a charter or for the

renewal of a charter shall include a system of evaluation for

educators that includes:

(1) at least four (4) rating categories of educator

performance; and

(2) multiple measures of student performance which shall

include, but may not be limited to, value-added assessment

system data made available by the department under section 221

and student performance on the most recent assessments for which

results have been released by the department and may include

goals specific to the mission of the charter school entity's

charter.

(b) Nothing in this section shall preempt the powers of a

board of trustees under section 1716-A(a) nor affect the intent

of the General Assembly provided in section 1702-A(3) and (4).

include all professional employes who are certified as teachers

and noncertified staff members who teach in a charter school

entity.

Section 1729.2-A. Multiple Charter School Organizations.--

20150SB0856PN0968 - 45 -

(a) A multiple charter school organization approved by the

secretary under this section shall be:

(1) granted legal authority to operate two (2) or more

individual charter schools established under the requirements of

section 1717-A, under the management of a single board of

trustees and a chief administrator, subject to the oversight of

the authorizing school district for each charter school included

in the multiple charter school organization;

(2) subject to all of the requirements of this article,

unless otherwise provided for under this section; and

(3) the holder of the charter of each individual charter

school within the organization.

(b) Subject to the requirements of this section and 15

Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations),

two (2) or more charter schools may consolidate into a multiple

charter school organization pursuant to the following:

(1) Each charter school seeking to consolidate pursuant to

this section shall submit an application for consolidation to

the department and to the authorizing school district for each

charter school included in the proposed consolidation. The

application must be submitted to the department and to all

authorizing school districts on the same day.

(2) A school district that receives an application for

consolidation under paragraph (1) may object to the proposed

consolidation by filing a statement of its objections to the

application with the department and each charter school included

in the proposed consolidation within thirty (30) days of the

submission date. If an authorizing school district does not file

a statement of its objections within thirty (30) days of the

submission date, the authorizing school district shall be deemed

20150SB0856PN0968 - 46 -

to assent to the application.

(3) Within thirty (30) days of its receipt of a school

district's statement of its objections under paragraph (2), the

department shall conduct a hearing to consider the application

and the school district's objections. The hearing required under

this paragraph shall be conducted by an impartial hearing

officer appointed by the Governor's Office of General

Counsel. In conducting the hearing, the hearing officer may

request that the authorizing school districts and the charter

schools included in the proposed consolidation provide any

supplemental information the hearing officer deems necessary in

considering the application and the school district's

objections.

(4) Within sixty (60) days of the hearing conducted pursuant

to paragraph (3), the hearing officer shall submit to the

secretary a report stating the hearing officer's recommendations

concerning the application.

(5) (i) Subject to subparagraph (ii), within sixty (60)

days following receipt of the report, the secretary shall issue

a decision and serve the decision on all charter schools

included in the proposed consolidation and the authorizing

school district for each charter school included in the proposed

consolidation. In issuing a decision, the secretary shall

consider only whether the proposed consolidation is in

compliance with subsection (c).

(ii) If no authorizing school district for any charter

included in the proposed consolidation files a statement of its

objections with the department within thirty (30) days of the

submission date, the secretary shall issue the decision required

under subparagraph (i) within sixty (60) days of the submission

20150SB0856PN0968 - 47 -

date. In issuing a decision under this subparagraph, the

secretary may request that the authorizing school districts and

the charter schools included in the proposed consolidation

provide any supplemental information the secretary deems

necessary in considering the application.

(6) A decision of the secretary under this section may be

appealed to the Commonwealth Court under 2 Pa.C.S. (relating to

administrative law and procedure).

(7) A proposed consolidation under this section shall not

require court approval under 20 Pa.C.S. Ch. 77 (relating to

trusts).

school years immediately preceding the submission date, has

failed to meet the requirements for student performance

specified in 22 Pa. Code Ch. 4 (relating to academic standards

and assessment), accepted standards of fiscal management or

audit requirements or performance standards of the matrix

established under section 1731.1-A shall not be eligible to

consolidate with another charter school, unless the

consolidation includes a charter school demonstrating that it

has satisfied the requirements for the most recent two (2)

school years.

(d) A multiple charter school organization may:

(1) Participate in the assessment system in the same manner

in which a school district participates, with its individual

charter schools within the organization participating in the

assessment system in the same manner as individual schools

within school districts. All data gathered for purposes of

evaluation shall be gathered in the same manner in which data is

gathered in the case of school districts and individual schools

20150SB0856PN0968 - 48 -

within school districts. Nothing in this paragraph shall be

construed to alter the manner in which charter school

performance on assessments is measured as required under the No

Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat.

1425), or its successor Federal statute.

(2) Allow a student enrolled in a charter school within the

organization to matriculate to another charter school within the

organization so as to complete a course of instruction in an

educational institution from kindergarten through grade twelve

or otherwise in the best interests of the student.

(3) Add existing charter schools to the organization

pursuant to the procedure specified in subsection (b). Only a

charter school already established under section 1717-A may be

added to a multiple charter school organization.

(e) The charter of each individual charter school within a

multiple charter school organization shall be subject to

nonrenewal or revocation by the authorizing school district for

the individual charter school pursuant to section 1729-A. The

nonrenewal or revocation of the charter of an individual charter

school within a multiple charter school organization shall not

affect the status of the charter of any other individual charter

school within the organization.

(f) The department shall develop and place on its publicly

accessible Internet website a standard application form that

charter schools shall use in applying for consolidation under

this section. The application form shall contain the following

information:

(1) The name of the multiple charter school organization.

(2) The names of the charter schools included in the

proposed consolidation.

20150SB0856PN0968 - 49 -

(3) A copy of the approved charter of each charter school

included in the proposed consolidation.

(4) An organizational chart clearly presenting the proposed

governance structure of the multiple charter school

organization, including lines of authority and reporting between

the board of trustees, chief administrator, administrators,

staff and any educational management service provider that will

play a role in providing management services to the charter

schools within the proposed organization.

(5) A clear description of the roles and responsibilities

for the board of trustees, chief administrator, administrators

and any other entities, including a charter school foundation,

shown in the organizational chart.

(6) A clear description of the method for the appointment or

election of members of the board of trustees of the proposed

organization.

(7) Standards for board of trustees performance which shall,

at a minimum, include compliance with all applicable laws,

regulations and terms of the charter of each charter school

included in the proposed organization.

(8) Enrollment procedures for each charter school included

in the proposed organization.

(9) Any other information as deemed necessary by the

department.

(g) Subject to subsection (a), nothing in this section shall

be construed to affect or change the terms or conditions of the

charters of any individual charter schools that are consolidated

under this section, including, but not limited to, any

obligation of a school district to provide transportation for

students enrolled in an individual charter school within a

20150SB0856PN0968 - 50 -

multiple charter school organization.

(h) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Authorizing school district." The school district that

granted the initial charter of a charter school.

"Charter school." A charter school or regional charter

school.

"Decision." The secretary's written approval or rejection of

an application for consolidation.

"Multiple charter school organization" or "organization." A

multiple charter school organization established under this

section.

"Submission date." The date on which a consolidation

application is submitted to the department and the authorizing

school district for each charter school included in a proposed

consolidation.

Section 1731.1-A Performance Matrix.--(a) Within one (1)

year of the effective date of this section, the State Board of

Education shall develop a standard performance matrix to

evaluate charter school entity performance. Within one (1) year

of the effective date of this section, the State Board of

Education shall also propose regulations under the act of June

25, 1982 (P.L.633, No.181), known as the "Regulatory Review

Act," to implement this section.

(b) The performance matrix shall assess performance by

utilizing objective criteria, including, but not limited to:

student performance on assessments; annual growth as measured by

the Pennsylvania Value-Added Assessment System; attendance;

attrition rates; graduation rates; other standardized test

20150SB0856PN0968 - 51 -

scores; school safety; parent satisfaction; 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; and other measures of school

quality, including measures for assessing teacher effectiveness.

Education shall determine an academic quality benchmark the

satisfaction of which shall qualify a charter school entity for

a ten (10) year renewal term pursuant to sections 1720-A(a)(2)

and 1745-A(f)(3). The academic quality benchmark shall be

included in the regulations required under subsection (a).

(d) In developing the performance matrix, the State Board of

Education may contract for consulting services with an entity

that has experience in developing performance matrices if the

services are procured through a competitive bidding process.

(e) Neither the department nor the local board of school

directors may develop a separate performance matrix for the

evaluation of a charter school entity.

(f) A local board of school directors shall utilize the

standard performance matrix as a primary factor in evaluating

new and renewal charter school and regional charter school

applicants and in annual monitoring and evaluation of charter

schools and regional charter schools.

(g) The department shall utilize the standard performance

matrix as a primary factor in evaluating new and renewal cyber

charter school applicants, in evaluating consolidation

applications under section 1729.2-A and in annual monitoring and

evaluation of cyber charter schools.

20150SB0856PN0968 - 52 -

(h) In developing the performance matrix and promulgating

the regulations required under subsection (a), the State Board

of Education shall convene and consult with a Statewide advisory

committee which shall consist of representatives of the

department and a minimum of seven (7) representatives from

charter schools, regional charter schools, cyber charter

schools, school district personnel and institutions of higher

education with experience in the oversight of charter schools.

Members of the committee shall be selected to be representative

of the urban, rural and suburban areas of this Commonwealth.

(i) The Statewide advisory committee required to be convened

under subsection (h) shall be convened not later than thirty

(30) days after the effective date of this section and shall

meet regularly to fulfill requirements of this paragraph.

(j) The department shall distribute the performance matrix

to all school districts and shall publish the matrix on the

department's publicly accessible Internet website.

Section 20. Section 1732-A of the act, amended June 29, 2002

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

Section 1732-A. Provisions Applicable to Charter Schools and

Regional Charter Schools.--(a) Charter schools and regional

charter schools shall be subject to the following:

Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,

510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753,

[755,] 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a),

1205.1, 1205.2, 1205.3, 1205.4, 1205.5, 1301, 1302, 1303, 1310,

1317, 1317.1, 1317.2, 1317.3, 1318, 1327, 1330, 1332, 1333,

1303-A, 1513, 1517, 1518, 1521, 1523, 1531, 1547, 2014-A,

Article XIII-A and Article XIV.

Act of July 19, 1957 (P.L.1017, No.451), known as the "State

20150SB0856PN0968 - 53 -

Adverse Interest Act."

Act of July 17, 1961 (P.L.776, No.341), known as the

"Pennsylvania Fair Educational Opportunities Act."

Act of July 19, 1965 (P.L.215, No.116), entitled "An act

providing for the use of eye protective devices by persons

engaged in hazardous activities or exposed to known dangers in

schools, colleges and universities."

Section 4 of the act of January 25, 1966 (1965 P.L.1546,

No.541), entitled "An act providing scholarships and providing

funds to secure Federal funds for qualified students of the

Commonwealth of Pennsylvania who need financial assistance to

attend postsecondary institutions of higher learning, making an

appropriation, and providing for the administration of this

act."

Act of July 12, 1972 (P.L.765, No.181), entitled "An act

relating to drugs and alcohol and their abuse, providing for

projects and programs and grants to educational agencies, other

public or private agencies, institutions or organizations."

Act of December 15, 1986 (P.L.1595, No.175), known as the

"Antihazing Law."

65 Pa.C.S. Ch. 7 (relating to open meetings).

65 Pa.C.S. Ch. 11 (relating to ethics standards and financial

disclosure).

(b) Charter schools and regional charter schools shall be

subject to the following provisions of 22 Pa. Code:

[Section 5.216 (relating to ESOL).

Section 5.4 (relating to general policies).]

Chapter 4 (relating to academic standards and assessments).

Chapter 11 (relating to pupil attendance).

Chapter 12 (relating to students).

20150SB0856PN0968 - 54 -

Section 32.3 (relating to assurances).

Section 121.3 (relating to discrimination prohibited).

Section 235.4 (relating to practices).

Section 235.8 (relating to civil rights).

Chapter 711 (relating to charter school services and programs

for children with disabilities).

relating to charter schools and regional charter schools.

(2) The secretary shall have the authority and the

responsibility to ensure that charter schools and regional

charter schools comply with Federal laws and regulations

governing children with disabilities. The secretary shall

promulgate regulations to implement this provision.

Section 21. The act is amended by adding a section to read:

Section 1733-A. Effect on Existing Charter School

Entities.--(a) Within one (1) year of the effective date of

this section, a charter school entity established under section

1717-A, 1718-A or 1745-A prior to the effective date of this

section shall amend the current charter through the amendment

process under sections 1720-A(c) and 1745-A(f)(5) as needed to

reflect the requirements of this article. Any renewal that takes

effect after July 15, 2015, shall be for the term specified

under sections 1720-A(a) and 1745-A(f)(3).

(b) A charter school entity approved after the effective

date of this section shall be in full compliance with this

article.

section, each charter school entity shall demonstrate to the

satisfaction of the local board of school directors or, in the

case of a cyber charter school, to the satisfaction of the

20150SB0856PN0968 - 55 -

department that the charter school entity is in compliance with

sections 1332 and 1333, including the institution of truancy

proceedings when required under section 1333.

Section 22. Sections 1741-A(c), 1742-A and 1743-A(e) of the

act, added June 29, 2002 (P.L.524, No.88), are amended to read:

Section 1741-A. Powers and duties of department.

* * *

subject to [the act of June 21, 1957 (P.L.390, No.212), referred

to as the Right-to-Know Law.] the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

Section 1742-A. Assessment and evaluation.

The department shall:

(1) Annually assess whether each cyber charter school is

meeting the goals of its charter and is in compliance with

the provisions of the charter and conduct a comprehensive

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

for the period specified in section 1745-A(f)(3).

(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

school and to every cyber charter school facility to ensure

the cyber charter school is in compliance with its charter

and this subdivision.

Section 1743-A. Cyber charter school requirements and

20150SB0856PN0968 - 56 -

prohibitions.

* * *

(e) Students.--For each student enrolled, a cyber charter

school shall:

(1) provide all instructional materials, which may

include electronic or digital books in place of textbooks;

(2) provide all equipment, including, but not limited

to, a computer, computer monitor and printer; and

(3) provide or reimburse for all technology and services

necessary for the on-line delivery of the curriculum and

instruction.

The Commonwealth shall not be liable for any reimbursement owed

to students, parents or guardians by a cyber charter school

under paragraph (3).

* * *

Section 23. Section 1745-A(c), (e) and (f) of the act, added

June 29, 2002 (P.L.524, No.88), are amended and the section is

amended by adding a subsection to read:

Section 1745-A. Establishment of cyber charter school.

* * *

(b.1) Local board of school directors or intermediate

unit.--

(1) A cyber charter school may be established by a local

board of school directors or an intermediate unit if the

procedures and requirements of this article are satisfied.

(2) Nothing in this article shall be construed to

preclude a school district or an intermediate unit from

offering instruction via the Internet or other electronic

means, except that the instruction shall not be recognized as

a cyber charter school under this article unless the school

20150SB0856PN0968 - 57 -

district or intermediate unit establishes a cyber charter

school pursuant to subsections (a) and (b.1)(1).

satisfy requirements for compulsory attendance, subject to

penalties for violations of compulsory attendance requirements

under section 1333.

* * *

(e) Grant or denial.--Within 120 days of receipt of an

application, the department shall grant or deny the application.

The department shall review the application and shall hold at

least one public hearing under 65 Pa.C.S. Ch. 7 (relating to

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

cyber charter school plan by teachers, parents [or],

guardians and students.

(ii) The capability of the cyber charter school

applicant, in terms of support and planning, to provide

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

20150SB0856PN0968 - 58 -

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

serve as a model for other public schools.

(2) Written notice of the action of the department shall

be sent by certified mail to the applicant and published on

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

Internet website. If the application is denied, the reasons

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

trustees. The charter [shall be for a period of no less than

three years nor more than five years and may be renewed for a

period of five years by the department.] term shall be as

follows:

(i) An initial charter granted pursuant to this

section shall be for a period of five years.

(ii) Prior to the effective date of the regulations

implementing the performance matrix as required pursuant

to section 1731.1-A, a charter may be renewed for five-

year periods upon reauthorization by the department.

20150SB0856PN0968 - 59 -

(iii) Upon the effective date of the regulations

implementing the performance matrix as required under

section 1731.1-A, the following shall apply:

(A) For cyber charter schools that have

satisfied the academic quality benchmark established

by the State Board of Education pursuant to section

1731.1-A, a charter may be renewed for ten-year

periods upon reauthorization by the department.

(B) For cyber charter schools that have not

satisfied the academic quality benchmark established

by the State Board of Education pursuant to section

1731.1-A, a charter may be renewed for five-year

periods upon reauthorization by the department.

(4) The decision of the department to deny an

application may be appealed to the appeal board.

(5) (i) A cyber charter school may request amendments

to its approved written charter by filing with the department

a written document describing the requested amendment.

(ii) Within 20 days of its receipt of the request

for an amendment, the department shall hold a public

hearing on the requested amendment under 65 Pa.C.S. Ch. 7

(relating to open meetings).

(iii) Within 20 days after the hearing, the

department shall grant or deny the requested amendment.

Failure by the department to hold a public hearing and to

grant or deny the amendments within the time period

specified shall be deemed an approval.

(iv) An applicant for an amendment shall have the

right to appeal the denial of a requested amendment to

the appeal board provided for under section 1721-A.

20150SB0856PN0968 - 60 -

* * *

Section 24. Section 1749-A(a) of the act, added June 29,

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, 736, 737, 738, 739, 740, 741,

752, 753, [755,] 771, 776, 777, 808, 809, 810, 1109, 1111,

1112(a), 1205.1, 1205.2, 1205.3, 1205.5, 1301, 1302, 1303,

1310, 1317, 1317.2, 1318, 1327, 1330, 1332, 1333, 1303-A,

1513, 1517, 1518, 1521, 1523, 1525, 1531, 1547, 1602-B, 1613-

B, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A, 1716.2-A, 1719-A,

1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A, 1727-A,

1728-A(d), (e), (f), (g) and (h), 1729-A, 1729.1-A, 1730-A,

1731-A(a)(1) and (b), 1731.1-A, 1733-A and 2014-A and

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

(1.1) The act of July 19, 1957 (P.L.1017, No.451), known

as the State Adverse Interest Act.

(2) The act of July 17, 1961 (P.L.776, No.341), known as

the Pennsylvania Fair Educational Opportunities Act.

(3) The act of July 19, 1965 (P.L.215, No.116), entitled

"An act providing for the use of eye protective devices by

persons engaged in hazardous activities or exposed to known

dangers in schools, colleges and universities."

(4) Section 4 of the act of January 25, 1966 (1965

P.L.1546, No.541), entitled "An act providing scholarships

and providing funds to secure Federal funds for qualified

students of the Commonwealth of Pennsylvania who need

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financial assistance to attend postsecondary institutions of

higher learning, making an appropriation, and providing for

the administration of this act."

(5) The act of July 12, 1972 (P.L.765, No.181) entitled

"An act relating to drugs and alcohol and their abuse,

providing for projects and programs and grants to educational

agencies, other public or private agencies, institutions or

organizations."

(6) The act of December 15, 1986 (P.L.1595, No.175),

known as the Antihazing Law.

(7) 65 Pa.C.S. Ch. 7 (relating to open meetings).

(8) 65 Pa.C.S. Ch. 11 (relating to ethics standards and

financial disclosure).

* * *

Section 25. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) The addition of section 1733-A of the act.

(ii) This section.

(2) The addition of section 1729.2-A of the act shall

take effect upon the effective date of regulations

implementing the performance matrix required under section

1731.1-A of the act.

(3) The remainder of this act shall take effect in 60

days.

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