PRINTER'S NO. 1700
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1494
Session of
2023
INTRODUCED BY FRIEL, JUNE 22, 2023
REFERRED TO COMMITTEE ON EDUCATION, JUNE 22, 2023
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 charter schools, providing for
funding for cyber charter schools; and imposing penalties.
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 a
section to read:
Section 1725.1-A. Funding for Cyber Charter Schools.--(a)
Funding for a cyber charter school shall be provided in the
following manner:
(1) A cyber charter school may not charge tuition for a
student attending a cyber charter school. Beginning in the 2023-
2024 school year, each cyber charter school shall be paid by a
student's school district of residence using the Statewide cyber
charter school tuition rate specified under clause (2).
(2) Beginning in the 2023-2024 school year and each school
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year thereafter, each cyber charter school shall receive for
each non-special education student enrolled eight thousand
dollars ($8,000) , which shall be known as the Statewide cyber
charter school tuition rate.
(3) Beginning in the 2023-2024 school year and each school
year thereafter, each cyber charter school shall receive for
each special education student enrolled the Statewide cyber
charter school tuition rate specified under 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 cyber charter school may request the intermediate unit
in which the cyber charter school is located to provide services
to assist the cyber charter school to address the specific needs
of exceptional students. The intermediate unit shall assist the
cyber charter school and bill the cyber charter school for the
services. The intermediate unit may not charge the cyber charter
school more for any service than it charges the constituent
districts of the intermediate unit.
(5) Payments shall be made to the cyber charter school in
twelve (12) equal monthly payments, by the fifth day of each
month, within the operating school year. The following apply:
(i) A student enrolled in a cyber charter school 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 in
accordance with Article XXV.
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(ii) If a school district fails to make a payment to a cyber
charter school as prescribed in this clause, the secretary shall
deduct the estimated amount, as documented by the cyber charter
school, from any State payments made to the district after
receipt of documentation from the cyber charter school.
(iii) No later than October 1 of each year, a cyber charter
school 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 cyber
charter school from the school district for the previous school
year.
(iv) If a school district fails to make payment to the cyber
charter school, the secretary shall deduct and pay the amount as
documented by the cyber charter school from any State payments
made to the district after receipt of documentation from the
cyber charter school 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 a
deduction described in clause (5), a school district may notify
the secretary that the deduction made from State payments to the
school district under this subsection is inaccurate. The
following apply:
(i) The secretary shall provide the school district with an
opportunity to be heard concerning whether the cyber charter
school documented that its students were enrolled in the cyber
charter school, the period of time during which each student was
enrolled and the school district of residence of each student
and whether the amounts deducted from the school district were
accurate.
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(ii) If the secretary determines that a school district or
cyber charter school has engaged in arbitrary, dilatory,
obdurate or vexatious conduct with respect to any matter heard
under this subsection, the secretary may impose against the
party the costs incurred by the department in hearing the matter
and may also impose reasonable counsel fees and other taxable
costs against the party and in favor of the appropriate
prevailing party in the proceeding.
(7) The secretary shall not process a request unless the
student count reflected in any cyber charter school's request is
consistent with terms of the charter agreement signed in
accordance with section 1741-A.
(8) The secretary shall not process a request for a closed
cyber charter school.
(b) It shall be lawful for a cyber charter school to
receive, hold, manage and use, absolutely or in trust, a devise,
bequest, grant, endowment, gift or donation of property, whether
real, personal or mixed, which shall be made to the cyber
charter school for any of the purposes of this article.
(c) It shall be unlawful for a trustee of a cyber charter
school or a board of trustees of a cyber charter school or any
other person affiliated in any way with a cyber charter school
to demand or request, directly or indirectly, a gift, donation
or contribution of any kind from a parent, teacher, employe or
any other person affiliated with the cyber charter school as a
condition for employment, enrollment or continued attendance of
a pupil. A donation, gift or contribution received by a cyber
charter school shall be given freely and voluntarily.
(d) The following apply to penalties:
(1) Notwithstanding any other provision of law, the
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department may initiate disciplinary action before the
Professional Standards and Practices Commission in accordance
with the act of December 12, 1973 (P.L.397, No.141), known as
the "Educator Discipline Act," against a chief school
administrator of a cyber charter school who:
(i) intentionally fails to submit the information required
in accordance with section 218, 1372(8) or 2552.1; or
(ii) intentionally falsifies a report submitted under
section 218, 1372(8) or 2552.1.
(2) In addition to any other disciplinary action specified
in the "Educator Discipline Act," a chief school administrator
of a cyber charter school who intentionally fails to submit the
information required in accordance with section 218, 1372(8) or
2552.1 or who intentionally falsifies a report submitted under
section 218, 1372(8) or 2552.1 shall be subject to prosecution
for violation of 18 Pa.C.S. ยง 4904 (relating to unsworn
falsification to authorities).
(3) The following civil penalties may be imposed by the
department for violations of clause (2):
(i) For a first violation, no more than two thousand five
hundred dollars ($2,500).
(ii) For a second violation, no more than three thousand
five hundred dollars ($3,500).
(iii) For a third or subsequent violation, no more than five
thousand dollars ($5,000).
(4) A penalty imposed under clause (3) shall be paid to the
department.
Section 2. This act shall take effect in 60 days.
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