H0357B1746A01765 BIL:CMD 06/09/19 #90 A01765
AMENDMENTS TO HOUSE BILL NO. 357
Sponsor: REPRESENTATIVE CARROLL
Printer's No. 1746
Amend Bill, page 1, line 10, by striking out "and" and
inserting a comma
Amend Bill, page 1, line 10, by inserting after "enrollment,"
providing for performance matrix and further providing
Amend Bill, page 17, by inserting between lines 27 and 28
Section 5. The act is amended by adding a section to read:
Section 1731.1-A. Performance Matrix.--(a) Within twenty-
four (24) months of the effective date of this section, the
State board shall develop a standard performance matrix to
evaluate charter school entity learning conditions and
performance and shall promulgate regulations under the act of
June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
Act," to implement this section.
(b) The performance matrix shall assess performance by
utilizing objective criteria, including, but not limited to, the
following:
(1) Student performance on State assessments.
(2) Annual growth as measured by the Pennsylvania value-
added assessment system.
(3) Admissions and enrollment practices.
(4) Attendance, chronic absenteeism, truancy and attrition
rates.
(5) School climate, safety and student discipline
indicators.
(6) Graduation rates and postsecondary transitions for
graduates of charter schools with a grade 12.
(7) Other standardized test scores.
(8) Parent and family satisfaction.
(9) Accreditation by a nationally recognized accreditation
agency, including the Middle States Association of Colleges and
Schools or another regional institutional accrediting agency
recognized by the United States Department of Education or an
equivalent Federally recognized body for charter school
education.
(10) Organizational governance, viability and compliance
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with 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11
(relating to ethics standards and financial disclosure).
(11) Acceptable standards of fiscal management or audit
requirements.
(12) Other measures of school quality, including educator
certification and measures for assessing educator effectiveness.
(13) Compliance with special education laws, including 22
Pa. Code Ch. 711 (relating to charter school services and
programs for children with disabilities).
(14) Compliance with laws concerning educating English
learners, including Pa. Code ยง 4.26 (relating to ESOL).
(15) Timely submission of annual report and audited
financial statements.
(c) The performance matrix shall be designed to provide
parents, families and educators accurate comparisons of school
and student group performance.
(d) In developing the performance matrix, the State board
shall:
(1) Determine a minimum academic quality benchmark and the
minimum fiscal management benchmark required to qualify a
charter school or regional charter school to be considered by
its authorizer for a ten (10) year renewal term under section
1720-A(a). An authorizer's determination to not grant a ten (10)
year renewal term shall not be considered an adjudication and
may not be appealed to the appeal board. The minimum academic
quality benchmark and the minimum fiscal management benchmark
shall be included in the regulations promulgated under
subsection (a).
(2) Determine the minimum academic quality benchmark and the
minimum fiscal management benchmark required to qualify a
charter school or regional charter school to be considered for
consolidation in the formation of a multiple charter school
organization under section 1729.1-A. The minimum academic
quality benchmark and the minimum fiscal management benchmark
shall be included in the regulations promulgated under
subsection (a).
(3) In addition to the causes for nonrenewal or termination
provided under section 1729-A, determine a profile of academic,
fiscal management and other risk factors, the satisfaction of
which shall permit authorizers of a charter school entity to
issue a revocation or nonrenewal of the charter. An authorizer's
determination to revoke or nonrenew the charter of a charter
school entity based upon the profile of academic, fiscal
management and other risk factors shall not be considered an
adjudication and may not be appealed to the appeal board.
(e) In developing the performance matrix, the State board
may:
(1) Contract for consulting services with an entity that has
experience in developing performance matrices if the services
are procured through a competitive bidding process.
(2) To the extent possible, utilize an existing database
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developed by the department, including the Future Ready PA Index
and Every Student Succeeds Act State Report Card.
(f) The department shall review the performance matrix every
five (5) years to ensure the performance matrix properly
measures school learning conditions and performance and shall
submit any recommendations in writing to the State board, the
Education Committee of the Senate and the Education Committee of
the House of Representatives. The recommended revisions shall
not take effect unless the General Assembly enacts the revisions
or the State board promulgates regulations to adopt the
revisions under the "Regulatory Review Act."
(g) The department shall utilize the standard performance
matrix as the primary factor in evaluating renewal cyber charter
school applicants, in evaluating consolidation applications
under section 1729.2-A and in annual monitoring and evaluation
of cyber charter schools.
(h) (1) In developing the performance matrix and
promulgating the regulations required under subsection (a), the
State board shall convene and consult with a Statewide advisory
committee which shall consist of representatives of the
department and a minimum of ten (10) representatives, including
five (5) representatives from charter schools, regional charter
schools and cyber charter schools and five (5) representatives
from school districts. Members of the committee shall be
selected to be representative of the urban, rural and suburban
areas of this Commonwealth.
(2) The Statewide advisory committee required to be convened
under paragraph (1) shall be convened not later than sixty (60)
days after the effective date of this section and shall meet
regularly to fulfill the requirements under paragraph (1).
(i) The department shall publish the annual calculation of
the matrix on the department's publicly accessible Internet
website.
Amend Bill, page 17, line 28, by striking out "5" and
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Amend Bill, page 23, line 11, by striking out "6" and
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