Regular Session 2021-2022 Senate Bill 0001 P.N. 0839

PRINTER'S NO. 839

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2021

INTRODUCED BY MARTIN, DiSANTO, CORMAN, ARGALL, MENSCH, SCAVELLO,

STEFANO, REGAN, AUMENT AND HUTCHINSON, JUNE 4, 2021

REFERRED TO EDUCATION, JUNE 4, 2021

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 preliminary provisions, providing

for advertising and for mandate waiver program; in pupils and

attendance, providing for transfer of attendance records to

another school entity or nonpublic school; 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; in charter schools,

further providing for definitions, for powers of charter

schools, for charter school requirements and for powers of

board of trustees, providing for duties of administrators,

further providing for establishment of charter school,

establishing the Public Charter School Commission and

providing for application process, further providing for

regional charter school, for contents of application, for

term and form of charter, for State Charter School Appeal

Board, for facilities, for enrollment, for school staff and

for funding for charter schools, providing for fee

prohibition, further providing for tort liability, for causes

for nonrenewal or termination, for multiple charter school

organizations, for charter school grants, for provisions

applicable to charter schools, for powers and duties of

department, for cyber charter school requirements and

prohibitions, for school district and intermediate unit

responsibilities, for establishment of cyber charter school,

for State Charter School Appeal Board review and for

applicability of other provisions of this act and of other

acts and regulations; and, in educational tax credits,

further providing for definitions, for qualification and

application by organizations, for application by business

firms, for tax credits, for limitations and for opportunity

scholarships.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

to read:

Section 129. Advertising.--(a) A paid media advertisement

by a public school entity that refers to the cost of tuition or

other services, including transportation, computers, Internet or

other electronic devices, may not advertise the expenses as

free, and any reference to tuition or other services, including

transportation, computers, Internet or other electronic device

costs, must stipulate that the cost is covered by taxpayer

dollars. A paid media advertisement shall include a television,

radio or movie theater advertisement, billboard, bus poster,

newspaper, magazine, publicly accessible Internet website or any

other commercial method that may promote enrollment in a public

school entity.

(b) For the purposes of this section, the term "public

school entity" shall mean a school district, charter school,

cyber charter school, regional charter school, intermediate unit

or area career and technical school.

Section 130. Mandate Waiver Program.--(a) Except as

otherwise provided in this section, a governing body may adopt a

resolution to apply to the department for a waiver of one or

more provisions of this act, regulations of the State Board,

standards of the secretary, policies or guidance of the

department or any other provisions of law permitted to be waived

under this section to enable the school entity to improve

instructional programs or operate in a more effective, efficient

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or economical manner.

(b) The application for a waiver shall be submitted in a

manner and on a form established by the department. The

application may only require an applicant to:

(1) Specify the provisions of this act, regulations of the

State Board, standards of the secretary or policies or guidance

of the department for which the applicant is seeking a waiver.

(2) Include the reasons why the waiver is being requested.

(3) Provide supporting data or information to explain the

benefits expected to be obtained as a result of the waiver.

resolution of a governing body at a regularly scheduled meeting

of the governing body. Approval from the department shall be

required prior to implementing the waiver.

(d) The department, in considering each waiver application:

(1) May not impose additional requirements on the waiver

applicant other than the requirements specified in this section.

(2) Shall approve a waiver application that:

(i) Complies with the application process and provides the

information required in the application form developed by the

department under subsection (b).

(ii) Does not conflict with a provision of Federal law or

regulation or other law or regulation that is not permitted to

be waived under this section.

(e) The department shall have thirty (30) days from receipt

of the waiver application to issue a written approval or

disapproval or request modifications to the application. If the

department fails to act within the time period, the waiver

application shall be deemed to be approved.

(f) The following shall apply:

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(1) If the department requests modification to or

disapproves the waiver application, the specific reasons for the

department's request or disapproval shall be transmitted to the

waiver applicant.

(2) If the department denies an application, the response to

the applicant shall include an explanation of any provision of

law, regulation of the State Board, standard of the secretary or

policies or guidance of the department that is not subject to

waiver under this section and would be violated if the

application were granted.

(3) The waiver applicant may submit a revised application

for a waiver in accordance with subsection (c).

(4) A waiver applicant may appeal a disapproval to the

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

procedure) and 7 (relating to judicial review). A waiver

applicant may not be required to revise and resubmit the waiver

application prior to appealing a disapproval.

(g) A waiver shall remain in effect permanently unless

rescinded by the governing body or found by a court of competent

jurisdiction to be in violation of subsection (d)(2)(ii).

(h) The following shall not be subject to waiver under this

section:

(1) The following provisions of this act: sections 106, 108,

110, 111, 111.1, 321, 322, 323, 324, 325, 326, 327, 328, 431,

436, 437, 440.1, 443, 513, 518, 527, 701.1, 708, 740, 741, 751,

752, 753, 771, 776, 785, 808, 809, 810, 1073, 1073.1, 1076,

1077, 1080, 1302, 1303, 1310, 1310.1, 1317, 1317.2, 1318, 1327,

1327.1, 1327.2, 1330, 1332, 1361, 1366, 1501, 1502, 1513, 1517,

1518, 1521, 1523, 1526, 1546 and 1547, provisions prohibiting

discrimination, Articles VI, VI-A, XI, XI-A, XII, XIII-A, XIII-

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B, XIII-C, XIII-D, XIII-E, XIV, XVII-A and this section.

(2) The following provisions of 22 Pa. Code (relating to

education):

Chapter 4 (relating to academic standards and assessment).

Chapter 10 (relating to safe schools).

Chapter 11 (relating to student attendance).

Chapter 12 (relating to students and student services).

Chapter 14 (relating to special education services and

programs).

Chapter 15 (relating to protected handicapped students).

Chapter 16 (relating to special education for gifted

students).

Chapter 235 (relating to Code of Professional Practice and

Conduct for Educators).

Chapter 711 (relating to charter school and cyber charter

school services and programs for children with disabilities).

(3) For intermediate units, Article IX-A and 22 Pa. Code

Ch. 17 (relating to intermediate units).

(4) For area career and technical schools, Article XVIII and

22 Pa. Code Ch. 339 (related to vocational education).

(i) The department shall maintain and annually update a

listing of all approved waiver applications on the department's

publicly accessible Internet website. The listing shall include

the name of the school entity and the provisions of law,

regulation, standard of the secretary or policies or guidance of

the department for which waivers were granted.

(j) Nothing in this section shall be construed to supersede

or preempt a provision of a collective bargaining agreement in

effect on the effective date of this subsection.

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

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shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

"Governing body." A board of school directors or other

governing authority of a school entity.

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

charter school, regional charter school, area career and

technical school or intermediate unit.

"Secretary." The Secretary of Education of the Commonwealth.

"State Board." The State Board of Education.

"Waiver applicant." A school entity that applies for a

waiver under this section.

Section 1313.2. Transfer of Attendance Records to Another

School Entity or Nonpublic School.--(a) The following shall

apply:

(1) If a student transfers to another school entity or

nonpublic school within this Commonwealth, a copy of the

student's attendance record shall be transmitted to the school

entity or nonpublic school to which the student has transferred.

(2) The school entity or nonpublic school to which the

student has transferred shall request the attendance record.

(3) The sending school entity or nonpublic school shall have

ten (10) days from the receipt of the request to provide a copy

of the student's attendance record.

(b) For a student transferring during the course of a school

term, the student's unexcused absences shall be included in the

student's attendance record at the school entity or nonpublic

school to which the student has transferred for that school

term.

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means a school district, charter school, cyber charter school,

regional charter school, intermediate unit or area career and

technical school.

Section 2. Section 1525 of the act 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 career and 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 career and 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 career and technical school and at institutions

of higher education approved to operate in this Commonwealth.

Section 3. The definitions of "concurrent student" and

"school entity" in section 1602-B of the act 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

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charter school, an area career and 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, charter school, regional

charter school, cyber charter school or an area career and

technical school.

* * *

Section 4. Section 1613-B of the act is amended by adding a

subsection to read:

Section 1613-B. Concurrent enrollment agreements.

* * *

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. Appropriate credit shall be awarded to

students concurrently enrolled under an agreement under this

subsection.

Section 5. Sections 1703-A, 1714-A, 1715-A and 1716-A of the

act are 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

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where the official action has an economic impact of greater than

a de minimis nature on the interests of any person.

"Aid ratio" and "market value/income aid ratio" shall be:

(1) the aid ratio and market value/income aid ratio for the

school district that granted a charter to the charter school;

(2) for a regional charter school, the aid ratio and market

value/income aid ratio shall be a composite, as determined by

the department, based on the school districts that granted the

charter; or

(3) for a cyber charter school, the aid ratio and market

value/income aid ratio shall be that of the school district in

which the administrative offices of the cyber charter school are

located.

"Appeal board" shall mean the State Charter School Appeal

Board established by this article.

"Assessment" shall mean the Pennsylvania System of School

Assessment test, the Keystone Exam or another test established

or approved by the State board or the General Assembly to meet

the requirements of section 2603-B or 2604-B or 22 Pa. Code §

4.51 (relating to State assessment system) or required under the

Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802)

or its successor Federal statute.

"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

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corporation. Charters may not be granted to any for-profit

entity.

["Chief executive officer" shall mean an individual appointed

by the board of trustees to oversee and manage the operation of

the charter school, but who shall not be deemed a professional

staff member under this article.]

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

charter school or cyber charter school.

"Charter school foundation" shall mean a nonprofit

organization under section 501(c)(3) of the Internal Revenue

Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), that

provides funding, resources or otherwise serves to support a

charter school entity.

"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.

"Commission" shall mean the Public Charter School Commission

established under section 1717.1-A.

"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.

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"Educational management service provider" shall mean a

nonprofit charter management organization, for-profit education

management organization, school design provider or business

manager 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.

"Family member" shall mean a parent, child, stepchild,

spouse, brother or sister.

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

directors or other governing authority of a school district in

which a proposed or an approved charter school is located.

"Nonrelated" shall mean an individual who is not a family

member.

"Regional charter school" shall mean an independent public

school established and operated under a charter from more than

one local board of school directors and in which students are

enrolled or attend. A regional charter school must be organized

as a public, nonprofit corporation. Charters may not be granted

to any for-profit entity.

"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 career and technical school.

"Secretary" shall mean the Secretary of Education of the

Commonwealth.

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"State board" shall mean the State Board of Education of the

Commonwealth.

Section 1714-A. Powers of Charter [Schools] School

Entities.--(a) A charter school entity established under this

act is a body corporate and shall have all powers necessary or

desirable for carrying out its charter, including, but not

limited to, the power to:

(1) Adopt a name and corporate seal; however, any name

selected shall include the words "charter school."

(2) Sue and be sued, but only to the same extent and upon

the same condition that political subdivisions and local

agencies can be sued.

(3) Acquire real property from public or private sources by

purchase, lease, lease with an option to purchase or gift for

use as a charter school entity facility.

(4) Receive and disburse funds for charter school entity

purposes only.

(5) Make contracts and leases for the procurement of

services, equipment and supplies.

(6) Incur temporary debts in anticipation of the receipt of

funds.

(6.1) Incur debt for the construction of school facilities.

(7) Solicit and accept any gifts or grants for charter

school entity purposes.

(b) A charter school entity shall have such other powers as

are necessary to fulfill its charter and which are not

inconsistent with this article.

the exercise of the powers specified in this section shall not

impose any liability or legal obligation upon a school entity or

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upon the Commonwealth.

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

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) [A charter school shall not provide any religious

instruction, nor shall it display religious objects and symbols

on the premises of the charter school.] The following shall

apply:

(i) Subject to subparagraph (ii), a charter school entity

may not provide religious instruction and may not 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:

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(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 do not contain religious symbols and objects.

(6) A charter school entity shall not advocate unlawful

behavior.

(7) A charter school entity shall only be subject to the

laws and regulations as provided for in section 1732-A, or as

otherwise provided for in this article.

(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, 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] Charter school entities, 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:

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(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."

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

officials.

(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) A charter school entity shall form an independent audit

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committee of its board of trustees members which shall review at

the close of each fiscal year a complete certified audit of the

operations 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 Commonwealth.

(2) Full review of expense reimbursements for members of the

board of trustees and administrators, including sampling of each

reimbursement.

(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 each related schedule

and appendix 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 each

contract publicly bid pursuant to section 751.

(7) Review of each board policy and procedure 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), finances, budgeting, audits, public bidding and

bonding.

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

required by Federal law or this act.

(d) A charter school entity shall annually provide the

department and, for 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 . A

charter school entity authorized by the commission under section

1717.2-A shall annually provide the department and the

commission with a copy of the annual budget for the operation of

the charter school entity. A copy of the annual budget under

this subsection shall identify all of the following:

(1) The source of funding for each expenditure.

(2) If 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 each administrator of the charter school

entity.

(4) Each expenditure to an educational management service

provider.

(e) The annual budgets under subsection (d) are public

documents and shall be made available on the charter school

entity's publicly accessible Internet website, if available,

and, for a charter school or regional charter school, on the

school district's publicly accessible Internet website.

(f) The charter school foundation shall make copies of its

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

the charter school entity's publicly accessible Internet website

within thirty (30) days of the close of the charter school

foundation's fiscal year. The annual budget shall include the

salaries of each employe of the charter school foundation.

Section 1716-A. Powers and Duties of Board of Trustees.--(a)

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The board of trustees of a charter school entity shall have the

authority to decide matters related to the operation of the

school, including, but not limited to, budgeting, curriculum and

operating procedures, subject to the school's charter. The board

shall have the authority to employ, discharge and contract with

necessary professional and nonprofessional employes subject to

the school's charter and the provisions of this article.

(b) No member of a local board of school directors of a

school entity shall serve on the board of trustees of a charter

school entity that is located in the member's district.

(b.1) (1) An individual may not serve as a voting member of

the board of trustees of the charter school or regional charter

school if the individual or a 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 a

charter school or 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) A member 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.

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

entity shall be considered a public official subject to the

provisions of 65 Pa.C.S. Ch. 11 (relating to ethics standards

and financial disclosures).

(b.4) A member of the board of trustees of a charter school

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entity may not be compensated for duties on the board of

trustees.

(b.5) A member of the board of trustees of a charter school

entity shall be automatically disqualified and immediately

removed from the board of trustees 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 the member's official capacity as a member

of the board of trustees 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) The board of trustees of a charter school entity

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

members.

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

nonrelated voting members serving on its board of trustees on

the effective date of this subsection, the charter school entity

shall, within sixty (60) days, appoint additional members to the

board of trustees to meet the minimum requirements of this

section.

(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 of the voting

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

required in order to take official action on the subjects

enumerated under subsection (a).

Section 6. The act is amended by adding a section to read:

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Section 1716.2-A. Duties of Administrators.--(a) An

individual who serves as an administrator for a charter school

entity shall be considered a public employe subject to the

provisions of 65 Pa.C.S. Ch. 11 (relating to ethics standards

and financial disclosures).

(b) (1) An administrator for a charter school entity may

not 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 granting the permission

under clause (1)(ii) shall be provided to, and kept on file

with, the charter school entity and the local board of school

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

department or, in the case of a charter school entity authorized

under section 1717.2-A, the commission.

member of the administrator may not serve as a voting member of

the board of trustees of the charter school entity that employs

the administrator.

(d) 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

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funds or any crime involving moral turpitude.

Section 7. Section 1717-A of the act is amended to read:

Section 1717-A. Establishment of Charter School.--(a) A

charter school may be established by an individual; one or more

teachers who will teach at the proposed charter school; parents

or guardians of students who will attend the charter school; any

nonsectarian college, university or museum located in this

Commonwealth; any nonsectarian corporation not-for-profit, as

defined in 15 Pa.C.S. (relating to corporations and

unincorporated associations); any corporation, association or

partnership; or any combination thereof. A charter school may be

established by creating a new school or by converting an

existing public school or a portion of an existing public

school. No charter school shall be established or funded by and

no charter shall be granted to any sectarian school, institution

or other entity. No funds allocated or disbursed under this

article shall be used to directly support instruction pursuant

to section 1327.1.

(b) (1) The conversion of an existing public school or

portion of an existing public school to a charter school may be

initiated by any individual or entity authorized to establish a

charter school under subsection (a).

(2) In order to convert an existing public school to a

charter school, the applicants must show that:

(i) More than fifty per centum of the teaching staff in the

public school have signed a petition in support of the public

school becoming a charter school; and

(ii) More than fifty per centum of the parents or guardians

of pupils attending that public school have signed a petition in

support of the school becoming a charter school.

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(3) In no event shall the board of school directors serve as

the board of trustees of an existing school which is converted

to a charter school pursuant to this subsection.

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.

(c.1) Notwithstanding subsection (c), an individual under

subsection (a) may submit an application for the establishment

of a charter school to the commission for consideration under

section 1717.2-A.

(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

20210SB0001PN0839 - 22 -

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] subsection (c) shall be evaluated by the local board of

school directors based on criteria, including, but not limited

to, the following:

(i) The demonstrated, sustainable support for the charter

school plan by teachers, parents, other community members and

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

20210SB0001PN0839 - 23 -

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.

(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.

(g) Notwithstanding the provisions of subsection (e)(5),

failure by the local board of directors to hold a public hearing

and to grant or deny the application for a charter school within

the time periods specified in subsections (d), (e) and (f) shall

20210SB0001PN0839 - 24 -

permit the applicant for a charter to file its application as an

appeal to the appeal board. In such case, the appeal board shall

meet within thirty (30) days to review the application and make

a decision to grant or deny a charter based on the criteria

established in subsection (e)(2)[.] within sixty (60) days

following the review. Failure by the appeal board to meet the

time periods s pecified under this subsection shall deem the

charter application approved.

(h) In the case of a review by the appeal board of an

application that is revoked or is not renewed, the appeal board

shall make its decision based on the criteria established in

subsection (e)(2). A decision by the appeal board under this

subsection, subsection (g) or section 1717.2-A(c) to grant, to

renew or not to revoke a charter shall serve as a requirement

for the commission or local board of directors of a school

district or school districts, as appropriate, to sign the

written charter of the charter school as provided for in section

1717.2-A or 1720-A. Should the commission or local board of

directors fail to grant the application and sign the charter

within ten (10) days of notice of reversal of the decision of

the commission or local board of directors, the charter shall be

deemed to be approved and shall be signed by the chairman of the

appeal board.

(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

the commission or a local board of directors not to grant a

charter as provided in this section or section 1717.2-A.

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

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

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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

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:

20210SB0001PN0839 - 26 -

(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.

(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[.] and the appeal board shall give notice of

acceptance of the appeal to the applicant within thirty (30)

days following receipt of the decree.

(6) In any appeal, the decision made by the commission or

local board of directors shall be reviewed by the appeal board

20210SB0001PN0839 - 27 -

on the record as certified by the commission or local board of

directors. The appeal board shall give due consideration to the

findings of the commission or 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 commission or local board

of directors and the charter school applicant to 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 commission or local board

of directors, notice shall be provided to [both parties.] the

charter school applicant and either the commission or local

board of directors, as appropriate.

(8.1) Failure by the appeal board to satisfy the time

periods specified under clauses (7) and (8) shall deem the

charter application approved, renewe d or not revoked.

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

of the commission or local board of directors shall serve as a

requirement for the commission or 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 1717.2-A or 1720-A. Should the

commission or local board of directors fail to grant the

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

20210SB0001PN0839 - 28 -

of the reversal of the decision of the commission or 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.

(11) In the case of a charter school applicant appealing the

denial of a charter by the commission, clauses (2), (3), (4) and

(5) shall also apply.

Section 7.1. The act is amended by adding sections to read:

Section 1717.1-A. Public Charter School Commission.-- (a)

The Public Charter School Commission is established within the

Commonwealth. The purpose of the commission shall be to act as

an authorizer of high-quality public charter schools throughout

this Commonwealth.

(b) The commission shall consist of citizens of this

Commonwealth who shall be appointed as follows:

(1) One (1) member who shall be appointed by the Governor by

and with the consent of a majority of the members of the Senate.

(2) Six (6) members who shall be appointed by the General

Assembly as follows:

(i) The President pro tempore of the Senate shall appoint

two (2) members.

(ii) The Minority Leader of the Senate shall appoint one (1)

member.

(iii) The Speaker of the House of Representatives shall

appoint two (2) members.

(iv) The Minority Leader of the House of Representatives

shall appoint one (1) member.

(3) Members appointed to the commission shall collectively

possess strong experience and expertise in public and nonprofit

20210SB0001PN0839 - 29 -

governance, management and finance, public school leadership,

assessment, curriculum and instruction and public education law.

(1) To establish staggered terms of office, the appointment

of the Governor, the first appointment of the President pro

tempore of the Senate and the first appointment of the Speaker

of the House shall serve an initial term of four (4) years.

(2) The appointment of the Minority Leader of the Senate and

the Minority Leader of the House of Representatives shall serve

an initial term of two (2) years.

(3) All remaining and subsequent appointments shall be for

terms of three (3) years.

(4) Initial appointments shall be made no later than thirty

(30) days after the effective date of this section. Members may

be reappointed, except that no member shall serve more than

three (3) consecutive terms.

(d) A member of the commission shall be automatically

disqualified and immediately removed from the commission upon

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

an offense pertaining to fraud, theft or mismanagement of public

funds, an offense pertaining to the member's official capacity

as a member of the commission or a crime involving moral

turpitude.

(e) A member of the commission shall be considered a public

official subject to 65 Pa.C.S. Ch.11 (relating to ethics

standards and financial disclosures).

(f) A member of the commission shall serve without pay

except that the member may receive reimbursement for any

reasonable and necessary expenses incurred by reason of service

on the commission.

20210SB0001PN0839 - 30 -

(g) If a vacancy occurs on the commission by death,

resignation or removal, the original appointing authority shall

appoint a qualifying individual to serve as a member of the

commission for the balance of the unexpired term.

(h) The following shall apply to operations:

(1) The members of the commission shall annually elect from

among the membership one (1) individual to serve as chairperson.

For death, resignation or removal of the member selected to be

chairperson, another member shall be selected from among the

membership to serve as chairperson for the remainder of the

annual term.

(2) A majority of the members of the commission, except for

a position that may be vacant, shall constitute a quorum

sufficient for conducting the business of the commission.

(3) The commission shall meet at the call of the

chairperson, or by a request of the majority of the members, and

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

(i) The following shall apply to personnel and resources:

(1) Subject to rules as may be made by the commission, the

chairperson shall have the power to appoint, terminate and fix

the pay of an executive director and other personnel deemed

necessary to fulfill the purpose of the commission.

(2) The chairperson, on behalf of the commission, shall

submit an annual budget request to the Governor, the chairperson

and minority chairperson of the Appropriations Committee of the

Senate and the chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives no

later than November 1, 2021, and November 1 each year

thereafter.

(3) The General Assembly shall consider the budget request

20210SB0001PN0839 - 31 -

and make an annual appropriation to the commission for the

salary and benefits of the executive director and other

necessary expenses.

(4) The department shall provide administrative support,

office space, meeting space and any other assistance required by

the commission to carry out its duties under this section.

(j) The following shall apply:

(1) As an authorizer of charter school entities, the

commission shall:

(i) Receive and evaluate applications to ensure the

applications meet the requirements under this article and make

approval or denial decisions.

(ii) Execute charters, consistent with approved

applications, between the commission and charter school entities

detailing the rights and responsibilities of the commission and

the charter school entity and setting forth the academic and

operational performance expectations and measures by which the

charter school entity will be judged. The commission may choose

to make the approved application the charter.

(2) Monitor on a regular basis the performance of the

charter school entities the commission oversees. The commission

shall have ongoing access to the records and facilities of the

charter school entity to ensure the charter school entity is in

compliance with its charter and this act and that requirements

for testing, civil rights and student health and safety are

being met.

Section 1717.2-A. Application Process.--(a) In reviewing

and evaluating charter applications, the commission shall employ

procedures, practices and criteria consistent with this article

and shall adopt approval criteria by resolution at a public

20210SB0001PN0839 - 32 -

meeting of the commission pursuant to 65 Pa.C.S. Ch. 7 (relating

to open meetings). The application review process shall include

thorough evaluation of each written charter application and an

opportunity in a public hearing under 65 Pa.C.S. Ch.7 for local

residents to learn about and provide input on each application.

At least thirty (30) days prior to the hearing, the commission

shall transmit notice of the hearing and the purpose of the

application to the Legislative Reference Bureau for publication

in the Pennsylvania Bulletin. The commission shall grant the

applicant a reasonable time to provide additional materials and

amendments to its application to address any identified

deficiencies.

(b) In deciding whether to approve charter applications, the

commission shall:

(1) Grant charters only to applicants that have demonstrated

competence in each element of the commission's published

approval criteria and which are likely to open and operate a

successful charter school entity.

(2) Base decisions on documented evidence collected through

the application review process.

(3) Follow charter-granting policies and practices that are

transparent, based on merit and are void of a conflict of

interest or an appearance of a conflict of interest.

a charter application, the commission shall approve or deny the

charter application. The commission shall adopt by resolution

each charter approval or denial decision in a public meeting

pursuant to 65 Pa.C.S. Ch. 7. Failure to approve or deny the

charter within seventy-five (75) days of receiving the charter

application shall permit the applicant to file its application

20210SB0001PN0839 - 33 -

as an appeal to the appeal board. The appeal board shall review

the application within thirty (30) days of receipt and make a

decision to grant or deny a charter based on the criteria

established under subsection (a) within sixty (60) days

following the review. Failure by the appeal board to meet the

time periods specified under this subsection shall deem the

charter application approved .

(c.1) Upon approval of a charter application under

subsection (c), a written charter shall be developed containing

the provisions of the charter application. This written charter

may not contain any provision requiring a charter school entity

to forfeit the charter school entity's due process rights under

this article to appeal with the appeal board. The written

charter shall be signed by the commission or the chair of the

appeal board in accordance with sections 1717-A(i)(9) or 1746-

A(b)(4) and the charter school entity's board of trustees. The

written charter, when duly signed, shall act as legal

authorization for the establishment of the charter school entity

and shall be legally binding on the commission and the charter

school entity's board of trustees.

(d) An approval decision may include, if appropriate,

reasonable conditions, excluding enrollment caps, that the

charter applicant must meet before a charter may be executed. An

initial charter executed under this subsection shall be for a

period of no less than three (3) years and no more than five (5)

years.

(e) For a charter denial, the commission shall clearly state

in the resolution adopted under subsection (c) the commission's

reasons for denial. A denied applicant may reapply to the

commission or appeal the decision to the appeal board for

20210SB0001PN0839 - 34 -

consideration under se ction 1717-A(i) or 1746-A .

(f) Within fifteen (15) days of taking action to approve or

deny a charter application, the commission shall provide a copy

of the resolution adopted under subsection (c) to the

department.

(g) The following shall apply to renewals, revocations and

nonrenewals:

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

reauthorization by the commission. Notwithstanding this

paragraph, the commission may renew a charter for a period of

one (1) year based on the performance, demonstrated capacities

and particular circumstances of the applicant. The commission

may grant renewal with specific conditions for necessary

improvements to a charter school renewal applicant, except that

the commission may not impose conditions inconsistent with this

article.

(2) By November 1 of the final year of the charter approved

under subsection (c), a charter school entity seeking renewal

shall submit a renewal application to the commission. The

commission shall approve or deny the renewal application by

resolution at a public meeting by March 31 of the ensuing year.

(3) During the term of the charter or at the end of the term

of the charter, the commission may choose to revoke or not to

renew the charter based on any of the following:

(i) A material violation of a condition, standard or

procedure contained in the charter signed under subsection

(c.1).

(ii) A failure to meet or make progress toward the

performance expectations under 22 Pa. Code Ch. 5 (relating to

curriculum) or subsequent regulations promulgated to replace 22

20210SB0001PN0839 - 35 -

Pa. Code Ch. 5 or performance standards in an approved charter.

(iii) A failure to meet generally accepted standards of

fiscal management or audit requirements.

(iv) A violation of this article.

(v) A violation of a provision of law from which the charter

school entity has not been exempted, including Federal laws and

regulations governing children with disabilities.

(vi) A conviction of fraud of the charter school entity.

(4) A notice of revocation or nonrenewal of a charter by the

commission shall state the grounds for the action with

reasonable specificity and give reasonable notice to the

governing board of the charter school entity of the date on

which a public hearing concerning the revocation or nonrenewal

shall be held. The commission shall conduct a hearing, present

evidence in support of the grounds for revocation or nonrenewal

stated in its notice and give the charter school entity

reasonable opportunity to offer testimony before taking final

action.

(5) Formal action by the commission to revoke or not renew a

charter shall be adopted by resolution at a public meeting under

65 Pa.C.S. Ch. 7 after the public has had at least thirty (30)

days to provide comments to the commission.

(6) The commission shall clearly state in the resolution

approved under paragraph (5) the commission's reasons to revoke

or not renew the charter.

(7) The charter school entity may appeal the decision of the

commission to revoke or not renew the charter to the appeal

board under section 1729-A(d).

(8) Within fifteen (15) days of taking action to revoke or

not to renew a charter, the commission shall provide a copy of

20210SB0001PN0839 - 36 -

the resolution adopted under paragraph (5) to the department.

(9) If the health or safety of the school's pupils, staff or

both is at serious risk, the commission may take immediate

action to revoke a charter.

(10) If a charter is revoked, not renewed, forfeited,

surrendered or ceases to operate, the charter school entity

shall be dissolved. The following shall apply:

(i) After the disposition of liabilities and obligations of

the charter school or regional charter school, real and personal

remaining assets of the charter school or regional charter

school shall be distributed on a proportional basis to the

school entities with students enrolled in the charter school or

regional charter school for the last full or partial school year

of the charter school or regional charter school. A school

entity or the Commonwealth may not be liable for an outstanding

liability or obligation of the charter school or regional

charter school.

(ii) After the disposition of liabilities and obligations of

the cyber charter school, any remaining assets of the cyber

charter school shall be transferred to the intermediate unit in

which the cyber charter school's administrative office was

located for distribution to the school districts in which the

students enrolled in the cyber charter school reside at the time

of dissolution.

Section 8. Sections 1718-A(b) and (c), 1719-A, 1720-A, 1721-

A, 1722-A, 1723-A, 1724-A and 1725-A of the act are amended to

read:

Section 1718-A. Regional Charter School.--* * *

(b) The commission or boards of school directors of one or

more school districts may act jointly to receive and consider an

20210SB0001PN0839 - 37 -

application for a regional charter school, except that any

action to approve an application for a charter or to sign a

written charter of an applicant shall require an affirmative

vote of a majority of all the members of the commission or

directors of each of the school districts involved. The

applicant shall apply for a charter to the commission or board

of directors of any school district in which the charter school

will be located.

charter schools and the powers and duties of the local board of

school directors of a school district and the appeal board shall

apply to regional charter schools, except as provided in

subsections (a) and (b) or as otherwise clearly stated in this

article.

Section 1719-A. Contents of Application.--An application to

establish a charter school shall include all of the following

information:

(1) The identification of the charter school entity

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.

(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.

20210SB0001PN0839 - 38 -

(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 437.] 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

professional development and continuing education plan for the

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

20210SB0001PN0839 - 39 -

the requirements of participation in such activity and the

charter school entity does not provide the same extracurricular

activity.

(15) [A report] Reports of criminal history [record,

pursuant to section 111] records and employment history reviews,

under sections 111 and 111.1, for all individuals who shall have

direct contact with students[.] and a plan for satisfying the

proper criminal history record clearances and employment history

reviews required for all other staff.

(16) An official clearance statement regarding child injury

or abuse from the Department of [Public Welfare] Human Services

as required by 23 Pa.C.S. Ch. 63 Subch. [C.2 (relating to

background checks for employment in schools) for all individuals

who shall have direct contact with students.] C (relating to

powers and duties of department) and section 111 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.

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

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

written charter shall be developed which shall contain the

provisions of the charter application and which shall be signed

by the local board of school directors [of a school district],

by the local boards of school directors [of a school district]

in the case of a regional charter school or by the chairman of

20210SB0001PN0839 - 40 -

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 may not contain any

provision requiring a charter school or regional charter school

to forfeit the due process rights of the charter school or

regional charter school under this article to appeal with the

appeal board. 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 when the charter

is approved. A charter will be granted only for a school

organized as a public, nonprofit corporation.

(b) (1) Notwithstanding subsection [(a)] (c), 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

20210SB0001PN0839 - 41 -

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

class does not have the authority to renew a charter for

successive one (1) year periods.

local board of school directors:

(1) An initial charter executed pursuant to subsection (a)

shall be for a period of no less than three (3) years and no

more than five (5) years.

(2) For charter schools and regional charter schools, a

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

reauthorization by the local board of school directors or the

appeal board.

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

submit a renewal application as provided in section 1719-A(a)

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

final year of the charter.

(2) The local board of school directors shall vote to renew

or not renew the charter submitted for renewal under paragraph

(1) by March 31 of the ensuing year.

(3) A decision by the appeal board under this section to

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

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

appropriate, to sign the renewal of the charter for a charter

20210SB0001PN0839 - 42 -

school or regional charter school as provided for in subsection

(a). If the local board of school directors fails to sign the

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

signed by the chairman of the appeal board.

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) 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:

(1) A parent of a school-aged child.

(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.

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. Any appointment to fill any vacancy shall be for the

period of the unexpired term or until a successor is appointed

and qualified.

(b) The appeal board shall meet as needed to fulfill the

20210SB0001PN0839 - 43 -

purposes provided in this subsection. A majority of the members

of the appeal board shall constitute a quorum, and a majority of

the members of the appeal board shall have authority to act upon

any matter properly before the appeal board. The appeal board is

authorized to establish rules for its operation.

Members who are not employes of State government shall be

reimbursed for expenses incurred in the course of their official

duties from funds appropriated for the general government

operations of the department.

(d) The department shall provide assistance and staffing for

the appeal board. The Governor, through the Governor's General

Counsel, shall provide such legal advice and assistance as the

appeal board may require.

(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.] act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

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.

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

20210SB0001PN0839 - 44 -

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

permit a charter school to operate its school at more than one

location.

(e) (1) Notwithstanding the provisions of section 204 of

the act of May 22, 1933 (P.L.853, No.155), known as The General

County Assessment Law, all school property, real and personal,

owned by any charter school[, cyber charter school] entity or an

associated nonprofit foundation, or owned by a nonprofit

corporation or nonprofit foundation and leased to a charter

school[, cyber charter school] entity or associated nonprofit

foundation at or below fair market value, that is occupied and

used by any charter school [or cyber charter school] entity for

public school, recreation or any other purposes provided for by

this act, shall be made exempt from every kind of State, county,

city, borough, township or other real estate tax, including

payments in lieu of taxes established through agreement with the

Commonwealth or any local taxing authority, as well as from all

costs or expenses for paving, curbing, sidewalks, sewers or

other municipal improvements, Provided, That any charter school

[or cyber charter school] entity or owner of property leased to

a charter school [or cyber charter] entity school may make a

municipal improvement in a street on which its school property

abuts or may contribute a sum toward the cost of the

improvement.

(2) Any agreement entered into by a charter school[, cyber

charter school] entity or associated nonprofit foundation with

the Commonwealth or a local taxing authority for payments in

lieu of taxes prior to December 31, 2009, shall be null and

void.

(3) This subsection shall apply retroactively to all charter

20210SB0001PN0839 - 45 -

[schools, cyber charter schools] school entities and associated

nonprofit foundations that filed an appeal from an assessment,

as provided in Article V of The General County Assessment Law,

prior to the effective date of this subsection.

(4) For purposes of this subsection, "local taxing

authority" shall include, but not be limited to, a county, city,

borough, incorporated town, township or school district.

(f) School districts, intermediate units, community colleges

and institutions under Article XX-A shall provide a cyber

charter school with reasonable access to their facilities for

the administration of standardized testing as follows:

(1) A cyber charter school shall provide an intermediate

unit, school district, community college or institution under

Article XX-A with at least sixty (60) days' notice of the need

for facilities to be used for the administration of standardized

tests.

(2) Within thirty (30) days of the cyber charter school's

request, the intermediate unit, school district, community

college or institution under Article XX-A shall notify the cyber

charter school of the location of the facilities that will be

provided, which shall be a quiet, separate location in which

cyber charter school students will not be commingled with

students of the intermediate unit, school district, community

college or institution under Article XX-A .

(3) An intermediate unit, school district of residence,

community college or institution under Article XX-A may not be

required to make facilities available to a cyber charter school

on dates and at times that may cause undue interference with the

educational programs of the intermediate unit, school district,

community college or institution under Article XX-A .

20210SB0001PN0839 - 46 -

(4) A facilities rental fee charged to the cyber charter

school and the payment of the fee shall be in compliance with

the facility rental policy of the intermediate unit, school

district, community college or institution under Article XX-A

that applies generally to all organizations and community groups

that are given access to their facilities under a rental

agreement.

(g) As used in this section, "charter school entity" shall

mean a charter school, regional charter school or cyber charter

school.

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 paragraphs (3) and (4) qualify for admission to

a charter school entity within the provisions of subsection (b).

[If] For a charter school or regional charter school, if more

students apply to the charter school or regional 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 paragraphs

(3) and (4) by the deadline established by the charter school or

regional charter school, except that the charter school or

regional 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] or regional charter

school to siblings of students presently enrolled in the charter

school or regional charter school and to siblings of students

selected for enrollment during the lottery process. First

20210SB0001PN0839 - 47 -

preference shall be given to students who reside in the district

or districts[.] in which the charter school is physically

located or in which the regional charter school is chartered.

(2) If a charter school or regional charter school has a

waiting list following its initial selection of eligible

applicants under paragraph (1), the charter school or regional

charter school shall select and enroll eligible applicants from

the waiting list as spaces become available. Each child shall be

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

and enrolling eligible applicants from the waiting list, a

charter school or regional charter school shall give first

preference to students as provided under paragraph (1) and to

students who reside in a district in which the charter school is

physically located or in which the regional charter school is

chartered until the charter school or regional charter school

again reaches its maximum capacity of students. If a charter

school or regional charter school has a waiting list, once the

charter school or regional charter school has exhausted the

waiting list of resident children, the charter school or

regional charter school may enroll children on the waiting list

who reside outside of the district. Nonresident children shall

be selected and enrolled on a random basis.

(3) The department, in consultation with representatives of

charter school entities, shall develop a standard enrollment

form in both paper and electronic formats 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,

20210SB0001PN0839 - 48 -

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 Internet website of each charter school entity, if

available. A charter school entity may accept the enrollment

form via paper or electronic means.

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

charter school entity may not require or request information

beyond the contents of the standard enrollment form developed by

the department.

(6) Nothing in this subsection 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, and has

indicated an intent to enroll in, the 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 entity 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

20210SB0001PN0839 - 49 -

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, a targeted

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

concentration of the school such as mathematics, science or the

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. A performing

arts charter school entity may establish reasonable artistic

criteria for admission for grades nine through twelve, which

must be outlined in the school's charter to evaluate prospective

students for enrollment.

or regional charter school may enroll nonresident students on a

space-available basis, and the student's district of residence

shall permit the student to attend the charter school. The terms

and conditions of the enrollment shall be outlined in the

school's charter.

(d) (1) Enrollment of students in a charter school [or

cyber charter school] entity shall not be subject to a cap or

otherwise limited by any past or future action of a board of

school directors, a board of control established under Article

XVII-B, a special board of control established under section 692

or any other governing authority, unless agreed to by the

charter school [or cyber charter school] entity as part of a

written charter pursuant to section 1720-A.

(2) The provisions of this subsection shall apply to a

20210SB0001PN0839 - 50 -

charter school [or cyber charter school] entity regardless of

whether the charter was approved prior to or is approved

subsequent to the effective date of this subsection.

Section 1724-A. School Staff.--(a) The board of trustees

shall determine the level of compensation and all terms and

conditions of employment of the staff except as may otherwise be

provided in this article. At least seventy-five per centum of

the professional staff members of a charter school entity shall

hold appropriate State certification. Employes of a charter

school entity may organize under the act of July 23, 1970

(P.L.563, No.195), known as the "Public Employe Relations Act."

The board of trustees of a charter school entity shall be

considered an employer for the purposes of Article XI-A. Upon

formation of one or more collective bargaining units at the

school, the board of trustees shall bargain with the employes

based on the provisions of this article, Article XI-A and the

"Public Employe Relations Act." Collective bargaining units at a

charter school entity shall be separate from any collective

bargaining unit of the school district in which the charter

school entity is located and shall be separate from any other

collective bargaining unit. A charter school entity shall be

considered a school entity as provided for in section 1161-A for

the purpose of the secretary seeking an injunction requiring the

charter school entity to meet the minimum requirements for

instruction as provided for in this article.

(b) Each charter application shall list the general

qualifications needed to staff any noncertified positions.

Professional employes who do not hold appropriate Pennsylvania

certification must present evidence that they:

(i) Meet the qualifications in sections 1109 and 1209.

20210SB0001PN0839 - 51 -

(ii) Have demonstrated satisfactorily a combination of

experience, achievement and qualifications as defined in the

charter school entity application in basic skills, general

knowledge, professional knowledge and practice and subject

matter knowledge in the subject area where an individual will

teach.

enrolled in the Public School Employees' Retirement System in

the same manner as set forth in 24 Pa.C.S. § 8301(a) (relating

to mandatory and optional membership) unless at the time of the

application for the charter school entity the sponsoring

district or the board of trustees of the charter school entity

has a retirement program which covers the employes or the

employe is currently enrolled in another retirement program. The

charter school entity shall be considered a public school as

defined in 24 Pa.C.S. § 8102 (relating to definitions) and shall

make quarterly payments by employers to the Public School

Employees' Retirement System and monthly payments on account of

Social Security as established under 24 Pa.C.S. Pt. IV (relating

to retirement for school employees). Except as otherwise

provided, employes of a charter school entity shall make regular

member contributions as required for active members under 24

Pa.C.S. Pt. IV. If the employes of the charter school entity

participate in another retirement plan, then those employes

shall have no concurrent claim on the benefits provided to

public school employes under 24 Pa.C.S. Pt. IV. Notwithstanding

any other provision of law to the contrary, nothing in this

article shall be construed to require the Commonwealth to make

payments to charter [schools] school entities or contributions

on behalf of charter school entity employes from appropriated

20210SB0001PN0839 - 52 -

funds, as provided in 24 Pa.C.S. §§ 8326 (relating to

contributions by the Commonwealth) and 8535 (relating to

payments to school entities by Commonwealth) on account of

charter school entity employes enrolled in the Public School

Employees' Retirement System and 24 Pa.C.S. § 8329(a) (relating

to payments on account of social security deductions from

appropriations) on account of Social Security payments made by a

charter school entity.

(d) Every employe of a charter school entity shall be

provided the same 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

entity to provide the same 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 entity 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.

(e) Any public school employe of a school entity may request

a leave of absence for up to five (5) years in order to work in

a charter school located in the district of employment or in a

regional charter school in which the employing school district

is a participant. Approval for a leave shall not be unreasonably

withheld.

(f) Temporary professional employes on leave from a school

district may accrue tenure in the non-charter public school

system at the discretion of the local board of school directors,

the same as they would under Article XI if they had continued to

20210SB0001PN0839 - 53 -

be employed by that district. Professional employes on leave

from a school district shall retain their tenure rights, as

defined in Article XI, in the school entity from which they

came. No temporary professional employe or professional employe

shall have tenure rights as against a charter school. Both

temporary professional employes and professional employes shall

continue to accrue seniority in the school entity from which

they came if they return to that school entity when the leave

ends.

(g) Professional employes who hold a first level teaching or

administrative certificate may, at their option, have the time

completed in satisfactory service in a charter school applied to

the length of service requirements for the next level of

certification.

(h) (1) Any temporary professional employe or professional

employe who leaves employment at a charter school shall have the

right to return to a comparable position for which the person is

properly certified in the school entity which granted the leave

of absence. In the case where a teacher has been dismissed by

the charter school, the school entity which granted the leave of

absence is to be provided by the charter school with the reasons

for such dismissal at the time it occurs, a list of any

witnesses who were relied on by the charter school in moving for

dismissal, a description of and access to any physical evidence

used by the charter school in moving for dismissal and a copy of

any record developed at any dismissal proceeding conducted by

the charter school. The record of any such hearing may be

admissible in a hearing before the school entity which granted

the leave of absence. Nothing in this section shall affect the

authority of the board of school directors to initiate

20210SB0001PN0839 - 54 -

proceedings under Article XI if the board determines that

occurrences at the charter school leading to dismissal of a

teacher constitute adequate and independent grounds for

discipline under section 1122.

(2) No temporary employe or professional employe who is

leaving employment at a charter school shall be returned to a

position in the public school district which granted his leave

of absence until such public school district is in receipt of a

current criminal history record under [section 111] sections 111

and 111.1 and the 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)] C (relating to

powers and duties of department).

(i) All individuals who shall have direct contact with

students shall be required to submit a report of criminal

history record information as provided for in [section 111]

sections 111 and 111.1 prior to accepting a position with the

charter school. This subsection shall also apply to any

individual who volunteers to work on a full-time or part-time

basis at the charter school entity.

(j) All applicants for a position as a school employe shall

be required to submit the 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] C. This section shall

also apply to any individual who volunteers to work on a full-

time or part-time basis at a charter school.

Section 1725-A. Funding for Charter [Schools] School

Entities.--(a) Funding for a charter school entity shall be

provided in the following manner:

20210SB0001PN0839 - 55 -

(1) There shall be no tuition charge for a resident or

nonresident student attending a charter school entity.

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

entity 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

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; 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.

(3) For special education students, the charter school

entity shall receive for each student enrolled the same funding

as for each non-special education student as provided in clause

(2), plus an additional amount determined by dividing the

district of residence's total special education expenditure by

the product of multiplying the combined percentage of section

2509.5(k) times the district of residence's total average daily

membership for the prior school year. This amount shall be paid

by the district of residence of each student.

(4) A charter school entity may request the intermediate

unit in which the charter school entity is located to provide

services to assist the charter school entity to address the

specific needs of exceptional students. The intermediate unit

shall assist the charter school entity and bill the charter

school for the services. The intermediate unit may not charge

20210SB0001PN0839 - 56 -

the charter school entity more for any service than it charges

the constituent districts of the intermediate unit.

(5) Payments shall be made to the charter school entity in

twelve (12) equal monthly payments, by the fifth day of each

month, within the operating school year. A student enrolled in a

charter school entity shall be included in the average daily

membership of the student's district of residence for the

purpose of providing basic education funding payments and

special education funding pursuant to Article XXV. If a school

district fails to make a payment to a charter school as

prescribed in this clause, the secretary shall deduct the

estimated amount, as documented by the charter school entity,

from any and all State payments made to the district after

receipt of documentation from the charter school. No later than

October 1 of each year, a charter school entity shall submit to

the school district of residence of each student final

documentation of payment to be made based on the average daily

membership for the students enrolled in the charter school

entity from the school district for the previous school year. If

a school district fails to make payment to the charter school

entity, the secretary shall deduct and pay the amount as

documented by the charter school entity from any and all State

payments made to the district after receipt of documentation

from the charter school entity from the appropriations for the

fiscal year in which the final documentation of payment was

submitted to the school district of residence.

(6) Within thirty (30) days after the secretary makes the

deduction described in clause (5), a school district may notify

the secretary that the deduction made from State payments to the

district under this subsection is inaccurate. The secretary

20210SB0001PN0839 - 57 -

shall provide the school district with an opportunity to be

heard concerning whether the charter school entity documented

that its students were enrolled in the charter school entity,

the period of time during which each student was enrolled, the

school district of residence of each student and whether the

amounts deducted from the school district were accurate.

(b) The Commonwealth shall provide temporary financial

assistance to a school district due to the enrollment of

students in a charter school entity who attended a nonpublic

school in the prior school year in order to offset the

additional costs directly related to the enrollment of those

students in a [public] charter school entity. The Commonwealth

shall pay the school district of residence of a student enrolled

in a nonpublic school in the prior school year who is attending

a charter school entity an amount equal to the school district

of residence's basic education subsidy for the current school

year divided by the district's average daily membership for the

prior school year. This payment shall occur only for the first

year of the attendance of the student in a charter school

entity, starting with school year 1997-1998. Total payments of

temporary financial assistance to school districts on behalf of

a student enrolling in a charter school entity who attended a

nonpublic school in the prior school year shall be limited to

funds appropriated for this program in a fiscal year. If the

total of the amount needed for all students enrolled in a

nonpublic school in the prior school year who enroll in a

charter school entity exceeds the appropriation for the

temporary financial assistance program, the amount paid to a

school district for each qualifying student shall be pro rata

reduced. Receipt of funds under this subsection shall not

20210SB0001PN0839 - 58 -

preclude a school district from applying for a grant under

subsection (c).

temporary transitional funding to a school district due to the

budgetary impact relating to any student's first-year attendance

at a charter school. The department shall develop criteria which

shall include, but not be limited to, the overall fiscal impact

on the budget of the school district resulting from students of

a school district attending a charter school. The criteria shall

be published in the Pennsylvania Bulletin. This subsection shall

not apply to a public school converted to a charter school under

section 1717-A(b). Grants shall be limited to funds appropriated

for this purpose.

(d) It shall be lawful for any charter school entity to

receive, hold, manage and use, absolutely or in trust, any

devise, bequest, grant, endowment, gift or donation of any

property, real or personal and/or mixed, which shall be made to

the charter school entity for any of the purposes of this

article.

(e) It shall be unlawful for any trustee of a charter school

entity or any board of trustees of a charter school entity or

any other person affiliated in any way with a charter school

entity to demand or request, directly or indirectly, any gift,

donation or contribution of any kind from any parent, teacher,

employe or any other person affiliated with the charter school

entity as a condition for employment or enrollment and/or

continued attendance of any pupil. Any donation, gift or

contribution received by a charter school entity shall be given

freely and voluntarily.

Section 9. The act is amended by adding a section to read:

20210SB0001PN0839 - 59 -

Section 1725.1-A. Fee Prohibition.--Notwithstanding the

authority granted under section 1 of the act of April 2, 1925

(P.L.122, No.87), entitled "An act to authorize the

Superintendent of Public Instruction to fix and to collect

reasonable fees for certain services rendered by that

Department," the secretary may not charge a fee for any service

or act performed by the department under this article unless

otherwise expressly permitted in this article.

Section 10. Sections 1727-A, 1729-A, 1729.1-A(c), (d) and

(f) and 1731-A of the act are amended to read:

Section 1727-A. Tort Liability.--For purposes of tort

liability, employes of the charter school entity shall be

considered public employes and the board of trustees shall be

considered the public employer in the same manner as political

subdivisions and local agencies. The board of trustees of a

charter school entity and the charter school entity shall be

solely liable for any and all damages of any kind resulting from

any legal challenge involving the operation of a charter school

entity. Notwithstanding this requirement, the local board of

directors of a school entity, the commission or the department

shall not be held liable for any activity or operation related

to the program of the charter school entity.

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 signed and approved under section 1720-A, the local

board of school directors or, for a cyber charter school, the

department 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

20210SB0001PN0839 - 60 -

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

or failure to meet any performance standard set forth in the

written charter signed pursuant to section 1716-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 entity has been convicted of fraud.

(a.1) When a charter school located in a school district of

the first class is in corrective action status and seeks renewal

of its charter, if the governing body of the school district of

the first class renews the charter, it may place specific

conditions in the charter that require the charter school to

meet specific student performance targets within stated periods

of time subject to the following:

(i) The performance targets and the periods of time in which

the performance targets must be met shall be reasonable.

(ii) The placement of conditions in a charter as specified

in this subsection shall not be considered an adjudication and

may not be appealed to the State Charter School Appeal Board.

(iii) If the charter school entity fails to meet the

performance targets within the stated period of time, such

failure shall be sufficient cause for revocation of the charter.

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

felony or any crime involving moral turpitude shall be

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immediately disqualified from serving on the board of trustees.

given by the local board of school directors [of a school

district] or the department shall state the grounds for such

action with reasonable specificity and give reasonable notice to

the governing board of the charter school entity of the date on

which a public hearing concerning the revocation or nonrenewal

will be held. The local board of school directors or the

department shall conduct such hearing, present evidence in

support of the grounds for revocation or nonrenewal stated in

its notice and give the charter school entity 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 or the department 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 meetings) after the public has had thirty (30) days to

provide comments to the board. All proceedings of the local

board or the department 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 or the department shall not

be subject to 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial

review of local agency action).

(d) Following the appointment and confirmation of the appeal

board, but not before July 1, 1999, the charter school entity

may appeal the decision of the local board of school directors,

the commission or the department to revoke or not renew the

charter to the appeal board. The appeal board shall have the

exclusive review of a decision not to renew or revoke a charter.

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The appeal board shall review the record within thirty (30) days

of receipt and shall have the discretion to supplement the

record if the supplemental information was previously

unavailable. The appeal board may consider the charter school

entity plan, annual reports, student performance and employe and

community support for the charter school in addition to the

record. The appeal board shall give due consideration to the

findings of the local board of directors, the commission or the

department and specifically articulate its reasons for agreeing

or disagreeing with those findings in its written decision[.]

within sixty (60) days following the review. Failure by the

appeal board to meet the time periods specified under this

subsection shall deem the charter application renewed or not

revoked.

(e) If the appeal board determines that the charter should

not be revoked or should be renewed, the appeal board shall

order the local board of directors, the commission or the

department to rescind its revocation or nonrenewal decision.

(f) Except as provided in subsection (g), the charter shall

remain in effect until final disposition by the appeal board.

(g) In cases where the health or safety of the school's

pupils, staff or both is at serious risk, the local board of

school directors may take immediate action to revoke a charter.

(h) All decisions of the charter school appeal board shall

be subject to appellate review by the Commonwealth Court.

(i) When a charter is revoked, not renewed, forfeited,

surrendered or otherwise ceases to operate, the charter school

shall be dissolved. After the disposition of any liabilities and

obligations of the charter school, any remaining assets of the

charter school, both real and personal, shall be distributed on

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a proportional basis to the school entities with students

enrolled in the charter school for the last full or partial

school year of the charter school. In no event shall such school

entities or the Commonwealth be liable for any outstanding

liabilities or obligations of the charter school.

(j) When a charter is revoked or is not renewed, a student

who attended the charter school shall apply to another public

school in the student's school district of residence. Normal

application deadlines will be disregarded under these

circumstances. All student records maintained by the charter

school shall be forwarded to the student's district of

residence.

Section 1729.1-A. Multiple Charter School Organizations.--*

* * *

section, the department shall develop and issue a standard

application form that multiple charter school organization

applicants must submit to the department and to the commission

or the local board of school directors of each school district

that granted the initial charter of any charter school included

in the proposed consolidation. The application form shall

contain the following information:

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

(2) The names of the charter schools seeking consolidation

under this section.

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

seeking to consolidate under this section.

(4) An organizational chart clearly presenting the proposed

governance structure of the multiple charter school

organization, including lines of authority and reporting between

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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 under its jurisdiction.

(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.

(7) Standards for board of trustees performance, including

compliance with all applicable laws, regulations and terms of

the charter.

(8) Enrollment procedures for each individual charter school

included in its charter.

(9) Any other information as deemed necessary by the

department.

(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 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 within school districts.

Nothing in this paragraph shall alter the manner in which

charter school performance on assessments is measured as

required under the Every Student Succeeds Act (Public Law 114-

95, 129 Stat. 1802), or its successor Federal statute.

(2) Add existing charter schools to its organization by

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obtaining the approval of the department and [of] the commission

or the local board of school directors that granted the initial

charter of each charter school proposed to be added under

subsection (a)(1).

(3) Allow students enrolled in an individual charter school

to matriculate to another individual charter school under its

oversight 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.

* * *

(f) Appeals shall be as follows:

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

appeal by an applicant for consolidation, with respect to the

rejection of a proposed consolidation by either the department

or a school district.

(2) In considering an appeal under this section, the appeal

board shall:

(i) Review the decision made by [either] the department,

commission or [the] school district on the record as certified

by the entity that made the decision being appealed, provided

that the appeal board may allow the department, the commission,

a school district or the applicant for consolidation to

supplement the record if the supplemental information was

previously unavailable.

(ii) Meet to officially review the certified record no later

than thirty (30) days after the date of filing the appeal.

(iii) Issue a written decision affirming or denying the

appeal no later than sixty (60) days following its review of the

certified record.

(iv) Make its decision based on whether the proposed

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consolidation satisfies the requirements of subsections (b) and

(c).

(3) The secretary shall recuse himself from all appeals of

decisions by the department and shall not participate in a

hearing, deliberation or vote on any appeal of a decision made

by the department.

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

appellate review by the Commonwealth Court. In the event of an

appeal of a decision by the appeal board to the Commonwealth

Court, the decision of the appeal board shall be stayed only

upon order of the appeal board, the Commonwealth Court or the

Pennsylvania Supreme Court.

* * *

Section 1731-A. Charter School Grants.--(a) The secretary

shall allocate grants for planning and start-up funding to

eligible applicants under section 1717-A from funds appropriated

for the implementation of this act.

(1) Planning grant applications shall be filed on a form and

by a date determined by the secretary. The amount of a grant may

vary depending on the size and scope of the planning needed by

the applicant. The application shall address the manner in which

the applicant plans to address the criteria established for

charter schools in sections 1715-A and 1717-A.

(2) Start-up funding grant applications shall be filed on a

form and by a date determined by the secretary. The applicant

for the charter school shall submit its application for a

charter when applying for the grant. A grant for start-up

funding may vary depending on the size and special

characteristics of the charter school. A start-up grant may be

used to meet the expenses of the charter school as established

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in their charter and as authorized in the provisions of this

article.

(b) The applicant shall include a copy of a letter informing

the local board of school directors of the school district of

the application for the planning grant if the location of the

proposed charter school is known. An applicant receiving a

start-up funding grant shall notify the school district or

districts signing the charter of receipt of this grant.

Section 11. Sections 1732-A, 1741-A, 1743-A, 1744-A, 1745-A

and 1746-A of the act are amended to read:

Section 1732-A. Provisions Applicable to Charter Schools.--

(a) 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, 742, 752, 753,

[755,] 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301,

1310, 1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1329,

1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1303-A, 1333.4, 1341,

1342, 1343, 1344, 1345, 1513, 1517, 1518, 1521, 1523, 1531,

1547, 2014-A, Article XIII-A and Article XIV.

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

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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."

(b) 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 11 (relating to pupil attendance).

Chapter 12 (relating to students).

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.

(2) The secretary shall have the authority and the

responsibility to ensure that charter schools comply with

Federal laws and regulations governing children with

disabilities. The secretary shall promulgate regulations to

implement this provision.

Section 1741-A. Powers and duties of department.

(a) Powers and duties.--The department shall:

(1) Receive, review and act on applications for the

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creation of a cyber charter school and have the power to

request further information from applicants, obtain input

from interested persons or entities and hold hearings

regarding applications.

(2) Renew the charter of cyber charter school and renew

the charter of a charter school approved under section 1717-A

or 1718-A which provides instruction through the Internet or

other electronic means. Upon renewal of a charter of a

charter school approved under section 1717-A or 1718-A, the

charter school shall qualify as a cyber charter school under

this subdivision and shall be subject to the provisions of

this subdivision.

(3) Revoke or deny renewal of a cyber charter school's

charter under the provisions of section 1729-A.

(i) Notwithstanding the provisions of section

1717.2-A or 1729-A(i), when the department has revoked or

denied renewal of a charter, the cyber charter school

shall be dissolved. After the disposition of the

liabilities and obligations of the cyber charter school,

any remaining assets of the cyber charter school shall be

given over to the intermediate unit in which the cyber

charter school's administrative office was located for

distribution to the school districts in which the

students enrolled in the cyber charter school reside at

the time of dissolution.

(ii) Notwithstanding any laws to the contrary, the

department may, after notice and hearing, take immediate

action to revoke a charter if:

(A) a material component of the student's

education as required under this subdivision is not

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being provided; or

(B) the cyber charter school has failed to

maintain the financial ability to provide services as

required under this subdivision.

(4) Execute charters after approval.

(5) Develop forms, including the notification form under

section 1748-A(b), necessary to carry out the provisions of

this subdivision.

(b) Hearings.--Hearings conducted by the department shall be

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

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

to as the Right-to-Know Law] act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law.

Section 1743-A. Cyber charter school requirements and

prohibitions.

(a) Special financial requirements prohibited.--A cyber

charter school shall not:

(1) provide discounts to a school district or waive

payments under section 1725-A for any student;

(2) except as provided for in subsection (e), provide

payments to parents or guardians for the purchase of

instructional materials; or

(3) except as compensation for the provision of specific

services, enter into agreements to provide funds to a school

entity.

(b) Enrollment.--A cyber charter school shall report to the

department an increase or a decrease of 30% or more in its

anticipated enrollment set forth in the application under

section 1747-A(11).

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available upon request, either in writing or electronically, to

each student's school district of residence the following:

(1) A copy of the charter.

(2) A copy of the cyber charter school application.

(3) A copy of all annual reports prepared by the cyber

charter school.

(4) A list of all students from that school district

enrolled in the cyber charter school.

(d) Parent or guardian.--Upon request and prior to the

student's first day in a cyber charter school, the cyber charter

school shall, either in writing or electronically, provide to

the parent or guardian of a student the following:

(1) A list and brief description of the courses of

instruction the student will receive. The list shall be

updated annually for each grade level in which the student is

enrolled.

(2) A description of the lessons and activities to be

offered both online and offline.

(3) The manner in which attendance will be reported and

work will be authenticated.

(4) A list of all standardized tests the student will be

required to take during the school year and the place where

the test will be administered, if available.

(5) The meetings to be held during the school year

between a parent or guardian and a teacher and among other

school officials or parents or guardians and the manner in

which the parent or guardian will be notified of the time and

place for the meeting.

(6) The address of the cyber charter school and the

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name, telephone number and e-mail address of the school

administrator and other school personnel.

(7) A list of any extracurricular activities provided by

the cyber charter school.

(8) The names of the student's teachers, if available,

and the manner in which each teacher can be contacted by the

student or the parent or guardian.

(9) A list of all services that will be provided to the

student by the cyber charter school.

(10) Copies of policies relating to computer security

and privacy, truancy, absences, discipline and withdrawal or

expulsion of students.

(11) Information on:

(i) The cyber charter school's professional staff,

including the number of staff personnel, their education

level and experience.

(ii) The cyber charter school's performance on the

PSSA and other standardized test scores.

(12) Information regarding the proper usage of equipment

and materials and the process for returning equipment and

materials supplied to the students by the cyber charter

school. A parent or guardian shall acknowledge, either in

writing or electronically, the receipt of this information.

(13) A description of the school calendar, including,

but not limited to, the time frame that will constitute a

school year and a school week, holidays and term breaks.

(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;

20210SB0001PN0839 - 73 -

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

to, a computer, computer monitor and printer, except that a

parent or guardian of more than one child who is enrolled in

the same cyber charter school may elect not to receive a

separate printer for each enrolled child; 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).

(f) Annual report.--A cyber charter school shall submit an

annual report no later than August 1 of each year to the

department in the form prescribed by the department.

(g) Records and facilities.--A cyber charter school shall

provide the department with ongoing access to all records and

facilities necessary for the department to assess the cyber

charter school in accordance with the provisions of this

subdivision.

(h) Offices and facilities.--A cyber charter school shall

maintain an administrative office within this Commonwealth where

all student records shall be maintained at all times and shall

provide the department with the addresses of all offices and

facilities of the cyber charter school, the ownership thereof

and any lease arrangements. The administrative office of the

cyber charter school shall be considered as the principal place

of business for service of process for any action brought

against the cyber charter school or cyber charter school staff

members. The cyber charter school shall notify the department of

any changes in this information within ten days of the change.

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(i) Applicable law.--Any action taken against the cyber

charter school, its successors or assigns or its employees,

including any cyber charter school staff member as defined in

the act of December 12, 1973 (P.L.397, No.141), known as the

Professional Educator Discipline Act, shall be governed by the

laws of this Commonwealth. If the department initiates an

investigation or pursues an action pursuant to the Professional

Educator Discipline Act involving any current or former charter

school staff member outside this Commonwealth, any reasonable

expenses incurred by the department in such investigation or

action shall be paid by the cyber charter school which employed

that staff member at the time of the alleged misconduct.

Section 1744-A. School district and intermediate unit

responsibilities.

An intermediate unit or a school district in which a student

enrolled in a cyber charter school resides shall do all of the

following:

(1) Provide the cyber charter school within ten days of

receipt of the notice of the admission of the student under

section 1748-A(a) with all records relating to the student,

including transcripts, test scores and a copy of any

individualized education program for that student.

(2) Provide the cyber charter school with reasonable

access to its facilities for the administration of

standardized tests required under this subdivision.

(3) Upon request, provide assistance to the cyber

charter school in the delivery of services to a student with

disabilities. The school district or intermediate unit shall

not charge the cyber charter school more for a service than

it charges a school district.

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(4) Make payments to the cyber charter school under

section 1725-A.

Section 1745-A. Establishment of cyber charter school.

(a) Establishment.--A cyber charter school may be

established by an individual; one or more teachers who will

teach at the proposed cyber charter school; parents or guardians

of students who will enroll in the cyber charter school; a

nonsectarian college, university or museum located in this

Commonwealth; a nonsectarian corporation not-for-profit as

defined in 15 Pa.C.S. § 5103 (relating to definitions); a

corporation, association or partnership; or any combination of

the foregoing. Section 1327.1 shall not apply to a cyber charter

school established under this subdivision.

(b) Sectarian entities.--No cyber charter school shall be

established or funded by and no charter shall be granted to a

sectarian school, institution or other entity.

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

unit.--

(1) 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 may not be recognized as a

cyber charter school under this article unless the school

district or intermediate unit establishes a cyber charter

school under subsection (a) and paragraph (2).

(2) 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.

satisfy requirements for compulsory attendance.

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(d) Application.--An application to establish a cyber

charter school shall be submitted to the department by October 1

of the school year preceding the school year in which the cyber

charter school proposes to commence operation.

(d.1) Notwithstanding subsection (d), an individual under

subsection (a) may submit an application for the establishment

of a cyber charter school to the commission for consideration

under section 1717.2-A.

(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] shall transmit notice of

the hearing and the purpose of the application to the

Legislative Reference Bureau for publication in the Pennsylvania

Bulletin and shall publish notice of the hearing and the purpose

of the application on the department's publicly accessible

Internet website.

(f) Evaluation criteria.--

(1) A cyber charter school application under section

1719-A 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

20210SB0001PN0839 - 77 -

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

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. This written charter may not contain

any provision requiring a cyber charter school to forfeit the

cyber charter school's due process rights under this article

to appeal with the appeal board. 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

20210SB0001PN0839 - 78 -

shall be as follows:

(i) An initial charter granted under this section

shall be for a period of no less than three (3) years and

no more than five (5) years.

(ii) For cyber charter schools, a charter may be

renewed for five-year (5) periods upon reauthorization by

the department.

(4) (i) A cyber charter school shall submit a renewal

application with the department by October 1 of the final

year of the charter.

(ii) Within 120 days of its receipt of the renewal

application, the department shall renew or not renew the

charter.

[(4)] (5) The decision of the department to deny an

application may be appealed to the appeal board.

(g) Denied application.--A cyber charter school applicant

may revise and resubmit a denied application to the department.

The department shall grant or deny the revised application

within 60 days after its receipt.

(h) Appeal.--If the department fails to hold the required

public hearing or to approve or disapprove the charter, the

applicant may file its application as an appeal to the appeal

board. The appeal board shall review the application and make a

decision to approve or disapprove the charter based on the

criteria in subsection (f).

Section 1746-A. State Charter School Appeal Board review.

(a) Jurisdiction.--The appeal board shall have the exclusive

review of an appeal by a cyber charter school applicant or by

the board of trustees of a cyber charter school on the decisions

of the commission or department, including:

20210SB0001PN0839 - 79 -

(1) The denial of an application for a charter.

(2) The denial of a renewal of a charter.

(3) The revocation of a charter.

(4) An appeal under section 1717.2-A or 1745-A(h).

(b) Procedure.--The appeal board shall:

(1) Review the decision made by the commission or

department under subsection (a) on the record as certified by

the commission or department. The secretary shall recuse

himself from all cyber charter school appeals and shall not

participate in a hearing, deliberation or vote on a cyber

charter school appeal. The appeal board may allow the

commission, the department, the cyber charter school

applicant or the board of trustees of a cyber charter school

to supplement the record if the supplemental information was

previously unavailable.

(2) Meet to officially review the certified record no

later than 30 days after the date of filing the appeal.

(3) Issue a written decision affirming or denying the

appeal no later than 60 days following its review. Failure by

the appeal board to satisfy the time periods specified under

paragraph (2) and this paragraph shall deem the charter

application approved, renewed or not revoked.

(4) In the case of a decision by the department to deny

a cyber charter application, make its decision based on

section 1745-A(f)(1)[.] or in the case of a decision made by

the commission to deny a cyber charter application, make its

decision based on section 1717.2-A. A decision by the appeal

board to reverse the decision of the commission or department

and grant a charter shall serve as a requirement for the

commission or secretary to sign the written charter of the

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cyber charter school. If the commission or the secretary

fails to sign the charter within ten (10) days of notice, the

charter shall be signed by the chairman of the appeal board.

(5) In the case of a decision by the department to

revoke or deny renewal of a cyber school charter in

accordance with section 1741-A(a)(3), make its decision based

on section 1729-A(a)[.] or in the case of a decision made by

the commission to revoke or deny renewal of a cyber charter

application, make its decision based on section 1717.2-A. A

decision of the appeal board to reverse the decision of the

commission or department to not revoke or deny renewal of a

charter shall serve as a requirement of the commission or

department to not revoke or to not deny renewal of the

charter of the cyber charter school.

decision of the appeal board, the appeal board's decision shall

be stayed only upon order of the appeal board, the Commonwealth

Court or the Pennsylvania Supreme Court.

(d) Review.--All decisions of the appeal board shall be

subject to appellate review by the Commonwealth Court.

Section 12. Section 1749-A of the act, amended October 29,

2020 (P.L.722, No.84), is amended to read:

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

and of other acts and regulations.

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

subject to the following:

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

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

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

1302, 1310, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330,

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1332, 1333, 1333.1, 1333.2, 1333.3, [1303-A,] 1333.4, 1518,

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

1716-A, 1716.1-A, 1719-A, 1721-A,] 1722-A, [1723-A(a) and

(b), 1724-A,] 1725-A, [1727-A,] 1729-A[, 1730-A, 1731-A(a)(1)

and (b)] and 2014-A and Articles XII-A, XIII-A and XIV.

(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

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.

(b) Regulations.--Cyber charter schools shall be subject to

the following provisions of 22 Pa. Code (relating to education):

(1) Chapter 4 (relating to academic standards and

assessment).

(2) Chapter 11 (relating to pupil attendance).

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(3) Chapter 12 (relating to students).

(4) Section 32.3 (relating to assurances).

(5) Section 121.3 (relating to discrimination

prohibited).

(6) Section 235.4 (relating to practices).

(7) Section 235.8 (relating to civil rights).

(8) Chapter 711 (relating to charter school services and

programs for children with disabilities).

(1) The charter of a charter school approved under

section 1717-A or 1718-A which provides instruction through

the Internet or other electronic means shall remain in effect

for the duration of the charter and shall be subject to the

provisions of Subdivision (b).

(2) In addition to subsections (a) and (b), the

following provisions of this subdivision shall apply to a

charter school approved under section 1717-A or 1718-A which

provides instruction through the Internet or other electronic

means:

(i) Section 1743-A(c), (d), (e), (h) and (i).

(ii) Section 1744-A.

(iii) Section 1748-A.

Section 13. The definitions of "economically disadvantaged

school" and "school-related fees" in section 2002-B of the act

are amended and the section is amended by adding definitions to

read:

Section 2002-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:

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* * *

"Economically disadvantaged school." Any school within this

Commonwealth at which at least [75%] 65% of the students

attending the school in the immediately preceding school year

received a scholarship of at least $1,000 pursuant to this

article.

* * *

"Fiscal year." The Commonwealth's fiscal year beginning July

1 and ending June 30.

* * *

"School-related fees." Fees charged by a school to all

students for books, instructional materials, technology

equipment and services, uniforms [and], activities and

concurrent enrollment programs under Article XVI-B.

* * *

"Taxable year." A taxpayer's annual accounting period or, if

a return is made for a period of less than 12 months, the period

for which the return is made.

Section 14. Sections 2003-B(d.3) and 2004-B(a)(2) of the act

are amended to read:

Section 2003-B. Qualification and application by organizations.

* * *

(d.3) [Opportunity scholarship] Scholarship organization for

economically disadvantaged schools.--

(1) [In] Effective July 1, 2021, in addition to the

other requirements of this article, [an opportunity] a

scholarship organization that intends to provide

[opportunity] scholarship awards to applicants of

economically disadvantaged schools must demonstrate a history

of serving schools throughout this Commonwealth and the

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capacity to distribute [opportunity] scholarships Statewide

to applicants of economically disadvantaged schools.

(2) [An opportunity] A scholarship organization must

agree to distribute [opportunity] scholarships to applicants

of economically disadvantaged schools not later than

[December] February 1 of the applicable school year.

(3) Notwithstanding any other provision of this article

to the contrary, the department may not for any school year

qualify more than one [opportunity] scholarship organization

for the provision of [opportunity] scholarships to applicants

of economically disadvantaged schools.

* * *

Section 2004-B. Application by business firms.

(a) Scholarship organization, pre-kindergarten scholarship

organization or opportunity scholarship organization.--

* * *

(2) A business firm that intends to apply to the

department for a tax credit for contributions [to the

opportunity scholarship organization that qualifies under

section 2003-B(d.3)] for students attending an economically

disadvantaged school must submit an application separate from

an application for tax credits to a scholarship organization,

pre-kindergarten scholarship organization or [other]

opportunity scholarship organization. The contribution shall

be made to the designated scholarship organization for the

economically disadvantaged schools and shall be separately

accounted for and distributed by the designated scholarship

organization.

* * *

Section 15. Section 2005-B(b), (c)(2), (d), (i)(5) and (j)

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(1) and (2) of the act are amended and subsection (i) is amended

by adding a paragraph to read:

Section 2005-B. Tax credits.

* * *

(b) Additional amount.--In accordance with section 2006-B,

the Department of Revenue shall grant a tax credit of up to 90%

of the total amount contributed during the taxable year if the

business firm provides a written commitment to provide the

scholarship organization, educational improvement organization

or opportunity scholarship organization with the same amount of

contribution for two consecutive [tax] taxable years. The

business firm must provide the written commitment under this

subsection to the department at the time of application.

accordance with section 2006-B, the Department of Revenue shall

grant a tax credit against any applicable tax to a business firm

providing proof of a contribution to a pre-kindergarten

scholarship organization in the taxable year in which the

contribution is made in accordance with the following:

* * *

(2) [The] For each fiscal year, the tax credit shall not

exceed $200,000 annually per business firm for contributions

made to pre-kindergarten scholarship organizations, except as

provided in subsection (i).

(d) Combination of tax credits.--In accordance with section

2006-B, a business firm may receive tax credits from the

Department of Revenue in any [tax] fiscal year for any

combination of contributions under subsection (a), (a.1), (b) or

(c). Except as provided in subsection (i), in no case may a

business firm receive tax credits in any [tax] fiscal year in

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excess of the following:

(1) $750,000 for combined contributions to scholarship

and educational improvement organizations under subsections

(a) and (b).

(2) $750,000 for contributions to opportunity

scholarship organizations under subsections (a.1) and (b).

(3) $200,000 for contributions to pre-kindergarten

scholarship organizations under subsection (c).

* * *

(i) Temporary increase in maximum tax credits available.--

* * *

(4.1) If all tax credits authorized under this article

for contributions to the category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations have not been awarded

as of November 30 of any fiscal year, then for applications

accepted by the department from December 1 through the end of

the fiscal year, the limitations set forth in subsections

(a), (a.1), (c) and (d) relating to the maximum amount of tax

credits a business firm can receive during a fiscal year for

contributions to each such category of organizations shall

not apply. Under this paragraph, the department may accept

applications under section 2004-B from December 1 through the

end of the fiscal year and shall award tax credits under this

article for contributions to the category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations on a first-come,

first-served basis until all tax credits available for the

fiscal year have been exhausted.

(5) Notwithstanding a temporary increase in maximum tax

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credits available under this subsection, the limitations set

forth in subsections (a), (a.1), (c) and (d) relating to the

maximum amount of tax credits a business firm can receive

during a year for contributions to a category of scholarship

organizations, opportunity scholarship organizations or pre-

kindergarten scholarship organizations shall be reinstated

for all applications accepted by the department [on or] after

[December 1] June 30 of the fiscal year.

(j) Reallocation of tax credits.--

(1) Beginning on January 1 of any fiscal year, if any

tax credits authorized under this article for contributions

to any of the categories of scholarship organizations,

opportunity scholarship organizations or pre-kindergarten

scholarship organizations remain unawarded, such unawarded

tax credits may be reallocated to any of the categories of

scholarship organizations, opportunity scholarship

organizations or pre-kindergarten scholarship organizations

for which all available tax credits have been awarded. The

department shall, within 10 business days, inform each

business firm on the waiting list maintained by the

department under subsection (h) that tax credits remain

available under another category for which the business firm

has not yet applied. If a business firm notified under this

paragraph elects, the department shall reallocate available

tax credits for award to the business firm in the business

firm's preferred tax credit category, notwithstanding the

limitations contained in section 2006-B(a). [The amount of

tax credits to be awarded to a business firm under this

paragraph shall not exceed the amount of tax credits

available for reallocation or the maximum amount of tax

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credits for which a business firm is eligible under

subsections (a), (a.1), (c) and (d).] Each business firm

shall have 10 business days from the date of the department's

notice to elect a reallocation of tax credits under this

paragraph. The department shall award tax credits on a first-

come, first-served basis.

(2) After the department has awarded tax credits under

paragraph (1), the department shall accept new applications

for reallocation of tax credits from any of the categories of

scholarship organizations, opportunity scholarship

organizations or pre-kindergarten scholarship organizations

for which tax credits remain available to the applicant's

preferred category of scholarship organizations, opportunity

scholarship organizations or pre-kindergarten scholarship

organizations for which all available tax credits have been

awarded, notwithstanding any limitations contained in section

2006-B(a)[. The amount of tax credits to be awarded to a

business firm under this paragraph shall not exceed the

amount of tax credits available for reallocation or the

maximum amount of tax credits for which a business firm is

eligible under] or the limitations in subsections (a), (a.1),

first-come, first-served basis.

* * *

Section 16. Section 2006-B(a) of the act is amended and the

section is amended by adding a subsection to read:

Section 2006-B. Limitations.

(a) Amount.--

(1) The total aggregate amount of all tax credits

approved for contributions from business firms to scholarship

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organizations, educational improvement organizations and pre-

kindergarten scholarship organizations shall not exceed

$185,000,000 in a fiscal year, or $300,000,000 beginning in

fiscal year 2021-2022.

(i) No less than [$135,000,000] $185,000,000 or

61.66% of the total aggregate amount shall be used to

provide tax credits for contributions from business firms

to scholarship organizations.

(ii) No less than [$37,500,000] $50,000,000 or

16.67% of the total aggregate amount shall be used to

provide tax credits for contributions from business firms

to educational improvement organizations.

(iii) The total aggregate amount of all tax credits

approved for contributions from business firms to pre-

kindergarten scholarship organizations shall not exceed

[$12,500,000] $15,000,000 or 5% in a fiscal year.

(iv) No more than $50,000,000 or 16.67% of the total

aggregate amount shall be used to provide tax credits for

contributions from business firms to increase the

scholarship or pre-kindergarten scholarship by $2,000 or,

in the case of a scholarship for a student attending a

secondary school, by $4,000, for a student attending an

economically disadvantaged school, to the extent that the

total amount of scholarships, pre-kindergarten

scholarships and opportunity scholarships will not exceed

the lesser of $7,500 of the school's tuition.

(2) The total aggregate amount of all tax credits

approved for contributions from business firms to opportunity

scholarship organizations shall not exceed [$55,000,000]

$100,000,000. [in a fiscal year and no less than $5,000,000

20210SB0001PN0839 - 90 -

of the total aggregate amount shall be used to provide tax

credits for contributions from business firms to increase the

scholarship amount to students attending an economically

disadvantaged school by up to $1,000 more than the amount

provided during the immediately preceding school year.]

(a.1) Increases.--

(1) Beginning in fiscal year 2022-2023, in any fiscal

year in which the total aggregate amount of tax credits

approved under subsection (a)(1) for the prior fiscal year is

equal to or greater than 90% of the total aggregate amount of

tax credits available under subsection (a)(1) for the prior

fiscal year, the total aggregate amount of tax credits

available under subsection (a)(1) shall increase by 25%. The

department shall publish on its publicly accessible Internet

website the total aggregate amount of tax credits available

if the amount is increased under this paragraph.

(2) Beginning in fiscal year 2022-2023, in any fiscal

year in which the total aggregate amount of tax credits

approved under subsection (a)(2) for the prior fiscal year is

equal to or greater than 90% of the total aggregate amount of

tax credits available under subsection (a)(2) for the prior

fiscal year, the total aggregate amount of tax credits

available under subsection (a)(2) shall increase by 25%. The

department shall publish on its publicly accessible Internet

website the total aggregate amount of tax credits available

if the amount is increased under this paragraph.

* * *

Section 17. Section 2009-B(e) and (f)(1) and (5) of the act

are amended to read:

Section 2009-B. Opportunity scholarships.

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* * *

(e) Amount.--

(1) [(i) Except as otherwise provided in subparagraph

(ii), the] The maximum amount of an opportunity scholarship

awarded to an applicant without a disability shall be

[$8,500] $7,500.

[(ii) For a student attending an economically

disadvantaged school, the maximum amount of an

opportunity scholarship awarded to an applicant without a

disability shall be $9,500.]

(2) [(i) Except as otherwise provided in subparagraph

(ii), the] The maximum amount of an opportunity scholarship

awarded to an applicant with a disability shall be $15,000.

[(ii) For a student attending an economically

disadvantaged school, the maximum amount of an

opportunity scholarship awarded to an applicant with a

disability shall be $16,000.]

(3) In no case shall the combined amount of the

opportunity scholarship awarded to a recipient and any

additional financial assistance provided to the recipient

exceed the tuition rate and school-related fees for the

participating public school or participating nonpublic school

that the recipient will attend.

(f) Designation, reports and notices.--For purposes of

section 2006-B(d.2):

(1) Each school that desires to be designated as an

economically disadvantaged school for a school year shall

report the following information to the department by the

January 1 preceding the applicable school year:

(i) The total number of students who attend the

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school as of the date of the report and are the

recipients of a scholarship under this article.

(ii) The total number of students attending the

school as of the date of the report.

* * *

(5) (i) Each school that has been designated by the

department as an economically disadvantaged school for an

applicable school year shall notify the department by no

later than October 15 of the applicable school year of

the following information for each recipient of a

scholarship registered to attend the school for the

applicable school year:

(A) The recipient's name and address.

(B) The grade of the recipient for the school

year with respect to which the scholarship and

tuition grant shall be received.

scholarships under this article entitled to

educational tax credits that were received by the

recipient.

(D) The names and address of the recipient's

parents or guardians.

(E) The amount of tuition charged.

(ii) The information submitted in this paragraph

shall be provided to the [opportunity] scholarship

organization for economically disadvantaged schools who

shall distribute the money in accordance with section

2006-B(d.2).

(iii) Information submitted by a school designated

by the department as an economically disadvantaged school

20210SB0001PN0839 - 93 -

shall remain confidential and shall not be subject to the

act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law. The information can be used for

administration of the program.

Section 18. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The addition of section 129 of the act shall take

effect in 180 days.

(3) The amendment of sections 1725-A, 2002-B, 2003-B,

2004-B, 2005-B, 2006-B and 2009-B of the act shall take

effect July 1, 2021, or immediately, whichever is later.

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

days.

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