See other bills
under the
same topic
PRIOR PRINTER'S NOS. 569, 1949
PRINTER'S NO. 2658
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
530
Session of
2015
INTRODUCED BY REESE, CAUSER, DIAMOND, GROVE, KRIEGER, MILLARD,
O'NEILL, SAYLOR, DUNBAR, MOUL, CUTLER, BAKER AND GABLER,
FEBRUARY 18, 2015
SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED, DECEMBER
10, 2015
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in terms and courses of study,
further providing for agreements with institutions of higher
education; in opportunities for educational excellence,
further providing for definitions and for concurrent
enrollment agreements; and extensively revising and adding
charter school provisions. IN PRELIMINARY PROVISIONS, FURTHER
PROVIDING FOR CRIMINAL HISTORY OF EMPLOYEES AND PROSPECTIVE
EMPLOYEES AND CONVICTION OF CERTAIN OFFENSES AND FOR KEYSTONE
EXAMS; PROVIDING FOR POWERS AND DUTIES OF THE SECRETARY OF
EDUCATION; IN DUTIES AND POWERS OF BOARDS OF SCHOOL
DIRECTORS, PROVIDING FOR PUBLICATION OF POLICIES; PROVIDING
FOR POWERS AND DUTIES OF THE SECRETARY OF EDUCATION;
PROVIDING FOR SCHOOL WATCH, AND FOR STATE OPPORTUNITY
SCHOOLS; IN GROUNDS AND BUILDINGS, PROVIDING FOR POSTING OF
INFORMATION AND FURTHER PROVIDING FOR LIMITATIONS ON APPROVAL
OF PUBLIC SCHOOL BUILDING PROJECTS; AND ESTABLISHING THE
PUBLIC SCHOOL BUILDING CONSTRUCTION AND RECONSTRUCTION
ADVISORY COMMITTEE; IN PROFESSIONAL EMPLOYEES; FURTHER
PROVIDING FOR PAYMENT OF SALARIES IN CASES OF SICKNESS,
INJURY OR DEATH; IN CERTIFICATION OF TEACHERS, FURTHER
PROVIDING FOR GRANTING PROVISIONAL COLLEGE CERTIFICATES AND
PROVIDING FOR PROVISIONAL VOCATIONAL EDUCATION; IN PUPILS AND
ATTENDANCE, FURTHER PROVIDING FOR EDUCATION AND TRAINING OF
EXCEPTIONAL CHILDREN; AND FOR COST OF TUITION AND MAINTENANCE
OF CERTAIN EXPECTATIONAL CHILDREN IN APPROVED INSTITUTIONS;
IN SCHOOL HEALTH SERVICES, FURTHER PROVIDING FOR DEFINITIONS;
PROVIDING FOR EDUCATION OF SCHOOL EMPLOYEES IN DIABETES CARE
AND MANAGEMENT, FOR DIABETES CARE IN SCHOOLS, FOR POSSESSION
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AND USE OF DIABETES MEDICATION AND MONITORING EQUIPMENT, FOR
LIABILITY, FOR COORDINATING, SUPERVISING OR EDUCATING NOT
CONSIDERED DELEGATION AND FOR DIABETES CARE IN NONPUBLIC
SCHOOLS; IN TERMS AND COURSES OF STUDY, FURTHER PROVIDING FOR
AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION; IN
EDUCATION SUPPORT SERVICES AND EDUCATIONAL ASSISTANCE
PROGRAMS, PROVIDING FOR SUPPLEMENTAL ONLINE MATHEMATICS
SUPPORT; IN OPPORTUNITIES FOR EDUCATIONAL EXCELLENCE, FURTHER
PROVIDING FOR DEFINITIONS, FOR RESPONSIBILITIES OF SCHOOL
ENTITIES AND FOR CONCURRENT ENROLLMENT AGREEMENTS; IN CHARTER
SCHOOLS, EXTENSIVELY REVISING AND ADDING CHARTER SCHOOL
PROVISIONS; IN VOCATIONAL EDUCATION, FURTHER PROVIDING FOR
VOCATIONAL EDUCATION EQUIPMENT GRANTS; IN COMMUNITY COLLEGES,
FURTHER PROVIDING FOR ELECTION OR APPOINTMENT AND TERM AND
ORGANIZATION OF BOARD OF TRUSTEES, FINANCIAL PROGRAM AND
PAYMENT REIMBURSEMENT; IN DISRUPTIVE STUDENT PROGRAMS,
FURTHER PROVIDING FOR APPLICATIONS; IN PRIVATE ALTERNATIVE
EDUCATION INSTITUTIONS FOR DISRUPTIVE STUDENTS, FURTHER
PROVIDING FOR CONTRACTS WITH PRIVATE ALTERNATIVE EDUCATION
INSTITUTIONS; PROVIDING FOR RURAL REGIONAL COLLEGE FOR
UNDERSERVED COUNTIES; IN FUNDING FOR PUBLIC LIBRARIES,
PROVIDING FOR STATE AID FOR FISCAL YEAR 2015-2016; IN
REIMBURSEMENTS BY COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS,
PROVIDING FOR STUDENT-WEIGHTED BASIC EDUCATION FUNDING, FOR
TRANSITION TO STUDENT-WEIGHTED BASIC EDUCATION FUNDING FOR
2014-2015 SCHOOL YEAR AND FOR CAREER AND TECHNICAL EDUCATION
CAREER PREPARATION; FURTHER PROVIDING FOR PAYMENTS TO
INTERMEDIATE UNITS, FOR SPECIAL EDUCATION PAYMENTS TO SCHOOL
DISTRICTS AND FOR EXTRAORDINARY SPECIAL EDUCATION PROGRAM
EXPENSES; REPEALING PROVISIONS RELATING TO SPECIAL EDUCATION
FUNDING FOR ELIGIBLE STUDENTS WITH DISABILITIES IN COST
CATEGORY 3; FURTHER PROVIDING FOR ASSISTANCE TO SCHOOL
DISTRICTS DECLARED TO BE IN FINANCIAL RECOVERY STATUS OR
IDENTIFIED FOR FINANCIAL WATCH STATUS; PROVIDING FOR
REIMBURSEMENT FOR SCHOOL DISTRICTS NOT SUBMITTING REQUIRED
DOCUMENTATION, FOR PUBLIC SCHOOL BUILDING LEASE AND DEBT
SERVICE REIMBURSEMENTS FOR FISCAL YEAR 2015-2016 AND FOR
READY-TO-LEARN BLOCK GRANTS; PROVIDING FOR SCHOOL DISTRICT
DEBT REFINANCING BONDS; IN THE STATE BOARD OF EDUCATION,
FURTHER PROVIDING FOR POWERS AND DUTIES OF THE BOARD; AND
REPEALING PROVISIONS OF THE FISCAL CODE RELATING TO RURAL
REGIONAL COLLEGE FOR UNDERSERVED COUNTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1525 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, added
July 4, 2004 (P.L.536, No.70), is amended to read:
Section 1525. Agreements with Institutions of Higher
Education.--Notwithstanding any other provision of law to the
contrary, a school district, charter school, regional charter
school, cyber charter school or area vocational-technical school
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may enter into an agreement with one or more institutions of
higher education approved to operate in this Commonwealth in
order to allow [resident] students to attend such institutions
of higher education while the [resident] students are enrolled
in the school district, charter school, regional charter school,
cyber charter school or area vocational-technical school. The
agreement may be structured so that high school students may
receive credits toward completion of courses at the school
district, charter school, regional charter school, cyber charter
school or area vocational-technical school and at institutions
of higher education approved to operate in this Commonwealth.
Section 2. The definitions of "concurrent student" and
"school entity" in section 1602-B of the act, added July 13,
2005 (P.L.226, No.46), are amended to read:
Section 1602-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Concurrent student." A student who is enrolled in a school
district, a charter school, a regional charter school, a cyber
charter school, an area vocational-technical school, a nonpublic
school, a private school or a home education program under
section 1327.1 and who takes a concurrent course through a
concurrent enrollment program.
* * *
"School entity." A school district, a charter school, a
regional charter school, a cyber charter school or an area
vocational-technical school.
* * *
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Section 3. Section 1613-B of the act is amended by adding a
subsection to read:
Section 1613-B. Concurrent enrollment agreements.
* * *
(c) Charter schools, regional charter schools and cyber
charter schools.--Charter schools, regional charter schools and
cyber charter schools shall have the power and authority to
enter into a concurrent enrollment agreement with an institution
of higher education, and appropriate credit shall be awarded to
students concurrently enrolled under the agreement.
Section 4. Section 1703-A of the act, amended June 29, 2002
(P.L.524, No.88), is amended to read:
Section 1703-A. Definitions.--As used in this article,
"Administrator" shall include an employe of a charter school
entity, including the chief administrator of a charter school
entity and any other employe, who by virtue of the employe's
position is responsible for taking official action of a
nonministerial nature with regard to contracting or procurement,
administering or monitoring grants or subsidies, managing or
regulating staff, student and school activities or any activity
where the official action has an economic impact of greater than
a de minimis nature on the interests of any person.
"Appeal board" shall mean the State Charter School Appeal
Board established by this article.
"Assessment" shall mean the Pennsylvania System of School
Assessment test, the Keystone Exam or another test established
by the State board to meet the requirements of section 2603-
B(d) (10)(i) and required under the No Child Left Behind Act of
2001 (Public Law 107-110, 115 Stat. 1425) or its successor
Federal statute.
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"At-risk student" shall mean a student at risk of educational
failure because of limited English proficiency, poverty,
community factors, truancy, academic difficulties or economic
disadvantage.
"Charter school" shall mean an independent public school
established and operated under a charter from the local board of
school directors and in which students are enrolled or attend. A
charter school must be organized as a public, nonprofit
corporation. Charters may not be granted to any for-profit
entity.
"Charter school entity" shall mean a charter school, regional
charter school or cyber charter school.
"Charter school foundation" shall mean a nonprofit
organization under section 501(c)(3) of the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), that
provides funding, resources or otherwise serves to support a
charter school entity, either directly or through an affiliated
entity.
"Chief administrator" shall mean an individual appointed by a
board of trustees to oversee and manage the operation of a
charter school entity. The term shall not include a professional
staff member under this article.
["Chief executive officer" shall mean an individual appointed
by the board of trustees to oversee and manage the operation of
the charter school, but who shall not be deemed a professional
staff member under this article.]
"Community college" shall mean a community college
established under Article XIX-A.
"Cyber charter school" shall mean an independent public
school established and operated under a charter from the
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Department of Education and in which the school uses technology,
including electronic or digital books, in order to provide a
significant portion of its curriculum and to deliver a
significant portion of instruction to its students through the
Internet or other electronic means. A cyber charter school must
be organized as a public, nonprofit corporation. A charter may
not be granted to a for-profit entity.
"Department" shall mean the Department of Education of the
Commonwealth.
"Educational management service provider" shall mean a
nonprofit charter management organization, for-profit education
management organization, school design provider, business
manager or any other partner entity with which a board of
trustees of a charter school entity contracts to provide
educational design, business services, comprehensive management
or personnel functions or to implement the charter. The term
shall not include a charter school foundation.
"Immediate family member" shall mean a parent, spouse, child,
brother or sister.
"Local board of school directors" shall mean the board of
directors, School Reform Commission 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 an immediate
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
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to any for-profit entity.
"School district of residence" shall mean the school district
in this Commonwealth in which [the parents or guardians of a
child reside] a child resides as determined under section 1302
and 22 Pa. Code § 11.11(a)(1) (relating to entitlement of
resident children to attend public schools).
"School entity" shall mean a school district, intermediate
unit, joint school or area vocational-technical school.
"School performance profile" shall mean the Pennsylvania
School Performance Profile developed by the department under
section 1123.
"Secretary" shall mean the Secretary of Education of the
Commonwealth.
"State board" shall mean the State Board of Education of the
Commonwealth.
"State System institution" shall mean a member institution of
the State System of Higher Education established under Article
XX-A.
Section 5. The act is amended by adding a section to read:
Section 1704-A. Charter School Funding Advisory
Commission.--(1) The chairman of the State board shall
immediately convene a Statewide advisory commission, to be known
as the Charter A CHARTER School Funding Advisory Commission, to
IS ESTABLISHED. THE COMMISSION SHALL examine the financing of
charter school entities in the public education system and
related issues. The commission shall examine how charter school
entity finances affect opportunities for teachers, parents,
pupils and community members to establish and maintain schools
that operate independently from the existing school district
structure as a method to accomplish the requirements of section
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1702-A. The department GENERAL ASSEMBLY shall provide
administrative support, meeting space and any other assistance
required by the commission to carry out its duties under this
section.
(2) The commission shall consist of the following members:
(i) Four members of the Senate appointed by the President
pro tempore of the Senate, in consultation with the Majority
Leader of the Senate and the Minority Leader of the Senate, with
two appointees from the majority party , ONE OF WHOM SHALL BE THE
MAJORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE SENATE, and
two appointees from the minority party.
(ii) Four members of the House of Representatives appointed
by the Speaker of the House of Representatives, in consultation
with the Majority Leader of the House of Representatives and the
Minority Leader of the House of Representatives, with two
appointees from the majority party , ONE OF WHOM SHALL BE THE
MAJORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE HOUSE OF
REPRESENTATIVES, and two appointees from the minority party.
(iii) The secretary or a designee.
(iv) The chairman of the State board or a designee. AN AT-
LARGE MEMBER CHOSEN BY THE GOVERNOR, THE PRESIDENT PRO TEMPORE
OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
(v) To represent the interests of charter school entities,
the following members, who shall be appointed by the chairman of
the State board, subject to the approval of a majority of the
members of the State board SECRETARY FROM A LIST PROVIDED BY T HE
PENNSYLVANIA COALITION OF PUBLIC CHARTER SCHOOLS AND THE
KEYSTONE ALLIANCE :
(A) One member who shall represent charter schools BE A
BUSINESS MANAGER OF A CHARTER SCHOOL .
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(B) One member who shall represent regional charter schools.
(C) (B) One member who shall represent cyber charter schools
BE A BUSINESS MANAGER OF A CYBER CHARTER SCHOOL .
(D) One member who shall be a teacher in a charter school
entity.
(E) One member who shall be a parent of a child attending a
charter school entity.
(vi) To represent the interests of school districts, the
following members, who shall be appointed by the chairman of the
State board, subject to the approval of a majority of the
members of the State board SECRETARY FROM A LIST PROVIDED BY THE
PENNSYLVANIA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS :
(A) One member who shall be a teacher in a public school
that is not a charter school entity BUSINESS MANAGER OF A RURAL
SCHOOL DISTRICT .
(B) One member who shall represent school administrators.
(C) Two members who shall represent school board members.
(D) (B) One member who shall be a business manager of a AN
URBAN school district.
(3) Members of the commission shall be appointed within
twenty (20) days of the effective date of this section. Any
vacancy on the commission shall be filled by the original
appointing authority. The commission shall select a chairman and
vice chairman from among its membership at an organizational
meeting BE CO-CHAIRED BY THE CHAIRMAN OF THE EDUCATION COMMITTEE
OF THE SENATE AND CHAIRMAN OF THE EDUCATION COMMITTEE OF THE
HOUSE OF REPRESENTATIVES . The organizational meeting shall take
place not later than forty-five (45) days following the
effective date of this section.
(4) The commission shall hold meetings at the call of the
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chairman. The commission may also hold NO MORE THAN SIX public
hearings on the matters to be considered by the commission at
locations throughout this Commonwealth. All meetings and public
hearings of the commission shall be deemed public meetings for
the purpose of 65 Pa.C.S. Ch. 7 (relating to open meetings). Ten
(10) EIGHT (8) members of the commission shall constitute a
quorum at any meeting. Each member of the commission may
designate another person to represent that member at meetings of
the commission.
(5) Commission members shall receive no compensation for
their services but shall be reimbursed by the department for all
necessary travel and other reasonable expenses incurred in
connection with the performance of their duties as members.
Whenever possible, the commission shall utilize the services and
expertise of existing personnel and staff of State government.
The department may utilize undistributed funds not expended,
encumbered or committed from appropriations for grants and
subsidies made to the department, not to exceed three hundred
thousand dollars ($300,000), to carry out this section.
(6) The commission shall have the following powers and
duties:
(i) Meet with current charter school entity operators and
school district personnel.
(ii) Review charter school entity financing laws in
operation throughout the United States.
(iii) Explore the actual cost of educating a child in a
cyber charter school.
(iv) Evaluate and make recommendations on the following:
(A) Consideration of establishing an independent State level
board to authorize charter school entities and support charter
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school quality and accountability through performance monitoring
and technical assistance.
(B) The process by which charter school entities are funded
under section 1725-A, including addressing potential funding
inequities, to include consideration of disallowing a school
district food services deduction in the case of cyber charter
schools that provide food services to their students, and
consideration of continuing the school district deduction for
cyber charter school tuition costs.
(C) Appropriate funding for charter school entity
facilities.
(D) A process by which the performance matrix established
under section 1731.2-A may SHALL compare the academic
performance of each charter school entity with the academic
performance of the school district of residence of each student
enrolled in the charter school entity.
(E) SPECIAL EDUCATION TRANSPORTATION.
(F) OTHER FUNDING ISSUES RAISED IN THE COURSE OF PUBLIC
HEARINGS.
(G) CONSIDERATION OF A SCHOOL DISTRICT DEDUCTION FOR
PROGRAMS AND SERVICES TO THE EXTENT THEY ARE FUNDED FROM THE
PROCEEDS OF COMPETITIVE GRANTS FROM PRIVATE OR PUBLIC RESOURCES
OR FROM CONTRIBUTIONS OR DONATIONS FROM PRIVATE SOURCES.
(H) THE APPROPRIATE MANNER OF FUNDING A CHARTER SCHOOL THAT
PRIMARILY SERVES ADJUDICATED YOUTH.
(I) FUNDING AND ALL COSTS ASSOCIATED WITH ATHLETIC PROGRAMS
PROVIDED BY CHARTER SCHOOL ENTITIES.
(v) Issue a report pursuant to paragraph (7).
(7) The commission shall, no later than one year from the
effective date of this section, issue a report of its findings
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and recommendations to the Governor, the President pro tempore
of the Senate, the Majority Leader of the Senate, the Minority
Leader of the Senate, the chairman and minority chairman of the
Appropriations Committee of the Senate, the chairman and
minority chairman of the Education Committee of the Senate, the
Speaker of the House of Representatives, the Majority Leader of
the House of Representatives, the Minority Leader of the House
of Representatives, the chairman and minority chairman of the
Appropriations Committee of the House of Representatives and the
chairman and minority chairman of the Education Committee of the
House of Representatives. The recommendations of the commission
shall not take effect unless the recommendations are approved by
an act of the General Assembly enacted after the effective date
of this section.
Section 6. Section 1715-A of the act, amended or added June
19, 1997 (P.L.225, No.22) and July 9, 2008 (P.L.846, No.61), is
amended to read:
Section 1715-A. Charter School Entity Requirements.--(a)
Charter [schools] school entities shall be required to comply
with the following provisions:
(1) Except as otherwise provided in this article, a charter
school entity is exempt from statutory requirements established
in this act, from regulations of the State board and the
standards of the secretary not specifically applicable to
charter [schools] school entities. Charter [schools] school
entities are not exempt from statutes applicable to public
schools other than this act.
(2) A charter school entity shall be accountable to the
parents, the public and the Commonwealth, with the delineation
of that accountability reflected in the charter. Strategies for
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meaningful parent and community involvement shall be developed
and implemented by each school.
(3) A charter school entity shall not unlawfully
discriminate in admissions, hiring or operation.
(4) A charter school entity shall be nonsectarian in all
operations.
(5) (i) [A] Subject to subparagraph (ii), a charter school
entity shall not provide any religious instruction, nor shall it
display religious objects and symbols on the premises of the
charter school entity.
(ii) It shall not be a violation of this paragraph for a
charter school entity to utilize a sectarian facility:
(A) if the charter school entity provides for discrete and
separate entrances to buildings utilized for school purposes
only;
(B) if the religious objects and symbols within the portions
of the facility utilized by the school are covered or removed to
the extent reasonably feasible; or
(C) in which the unused portion of the facility or its
common areas contain religious symbols and objects.
(6) A charter school entity shall not advocate unlawful
behavior.
(7) A charter school or regional charter school shall only
be subject to the laws and regulations as provided for in
section 1732-A, or as otherwise provided for in this [article]
act.
(7.1) A cyber charter school shall only be subject to the
laws and regulations as provided for in section 1749-A, or as
otherwise provided for in this act.
(8) A charter school entity shall participate in [the
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Pennsylvania State Assessment System as provided for in 22 Pa.
Code Ch. 5 (relating to curriculum), or subsequent regulations
promulgated to replace 22 Pa. Code Ch. 5,] assessments in the
manner in which the school district in which the charter school
entity is located is scheduled to participate.
(9) A charter school entity shall provide a minimum of one
hundred eighty (180) days of instruction or nine hundred (900)
hours per year of instruction at the elementary level, or nine
hundred ninety (990) hours per year of instruction at the
secondary level. Nothing in this clause shall preclude the use
of computer and satellite linkages for delivering instruction to
students.
(9.1) A CYBER CHARTER SCHOOL SHALL NOT BE PRECLUDED FROM
CONSIDERING THE USE OF IN-PERSON INTERACTION, TESTING OR
INSTRUCTION FOR ANY STUDENT PROTECTED BY THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C. § 1400
ET SEQ.) OR SECTION 504 OF THE REHABILITATION ACT OF 1973
(PUBLIC LAW 93-112, 29 U.S.C. § 794), AND A CYBER CHARTER SCHOOL
MAY USE IN-PERSON INTERACTION, TESTING OR INSTRUCTION TO THE
EXTENT CONSISTENT WITH THE CYBER CHARTER SCHOOL'S OBLIGATIONS
UNDER APPLICABLE PROVISIONS OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT AND SECTION 504 OF THE REHABILITATION ACT OF 1973.
(10) Boards of trustees and contractors of charter [schools]
school entities shall be subject to the following statutory
requirements governing construction projects and construction-
related work:
(i) The following provisions of this act:
(A) Sections 751 and 751.1.
(B) Sections 756 and 757 insofar as they are consistent with
the act of December 20, 1967 (P.L.869, No.385), known as the
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"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 entity shall be public
officials[.] for the purposes of 65 Pa.C.S. Ch. 11 (relating to
ethics standards and financial disclosure) and shall file a
statement of financial interests for the preceding calendar year
with the State Ethics Commission and either the local board of
school directors in the case of a charter school or regional
charter school, or the department in the case of a cyber charter
school, not later than May 1 of each year that members hold the
position and of the year after a member leaves the position. All
members of the board of trustees of a charter school entity
shall take the oath of office as required under section 321
before entering upon the duties of their office.
[(12) A person who serves as an administrator for a charter
school shall not receive compensation from another charter
school or from a company that provides management or other
services to another charter school. The term "administrator"
shall include the chief executive officer of a charter school
and all other employes of a charter school who by virtue of
their positions exercise management or operational oversight
responsibilities. A person who serves as an administrator for a
charter school shall be a public official under 65 Pa.C.S. Ch.
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11 (relating to ethics standards and financial disclosure). A
violation of this clause shall constitute a violation of 65
Pa.C.S. § 1103(a) (relating to restricted activities), and the
violator shall be subject to the penalties imposed under the
jurisdiction of the State Ethics Commission.]
(b) An individual who serves as an administrator for a
charter school entity shall be a public employe for the purposes
of 65 Pa.C.S. Ch. 11 and shall file a statement of financial
interests for the preceding calendar year with the board of
trustees not later than May 1 of each year that the person holds
the position and of the year after the person leaves the
position.
(c) (1) No individual who serves as an administrator for a
charter school entity may receive compensation from another
charter school entity or from an educational management service
provider, unless:
(i) The administrator has submitted a sworn statement to the
board of trustees of the charter school entity and the sworn
statement details the work for the other entity and includes the
projected number of hours, rate of compensation and projected
duration.
(ii) The board of trustees of the charter school entity has
reviewed the sworn statement under subclause (i) and agreed, by
resolution, to grant permission to the administrator.
(2) A copy of the sworn statement under clause (1)(i) and
the resolution by the board of trustees 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.
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(3) No administrator of a charter school entity or immediate
family member of the administrator may serve as a voting member
of the board of trustees of the charter school entity that
employs the administrator.
(4) (i) No administrator of a charter school entity may
participate in the selection, award or administration of a
contract if the person has a conflict of interest as that term
is defined in 65 Pa.C.S. § 1102 (relating to definitions).
(ii) An administrator who knowingly violates this clause
commits a violation of 65 Pa.C.S. § 1103(a) (relating to
restricted activities) and shall be subject to the penalties
imposed under the jurisdiction of the State Ethics Commission.
(iii) Any contract made in violation of this clause shall be
voidable by the board of trustees of the charter school entity.
(5) An administrator shall be immediately dismissed upon
conviction for an offense graded as a felony, an infamous crime,
an offense pertaining to fraud, theft or mismanagement of public
funds or any crime involving moral turpitude.
Section 7. Section 1716-A(c) of the act, added June 19, 1997
(P.L.225, No.22), is amended and the section is amended by
adding subsections to read:
Section 1716-A. Powers of Board of Trustees.--* * *
(b.1) (1) For a charter school or regional charter school
chartered after the effective date of this subsection, an
individual shall be prohibited from serving as a voting member
of the board of trustees of the charter school or regional
charter school if the individual or an immediate family member
receives compensation from or is employed by or is a member of
the local board of school directors who participated in the
initial review, approval, oversight, evaluation or renewal
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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) (1) No member of the board of trustees of a charter
school entity may participate in the selection, award or
administration of any contract if the member has a conflict of
interest as that term is defined in 65 Pa.C.S. § 1102 (relating
to definitions).
(2) Any member of the board of trustees of a charter school
entity who in the discharge of the person's official duties
would be required to vote on a matter that would result in a
conflict of interest shall abstain from voting and follow the
procedures required under 65 Pa.C.S. § 1103(j) (relating to
restricted activities).
(3) A member of the board of trustees of a charter school
entity who knowingly violates this subsection commits a
violation of 65 Pa.C.S. § 1103(a) and shall be subject to the
penalties imposed under the jurisdiction of the State Ethics
Commission.
(4) A contract made in violation of this subsection shall be
voidable by a court of competent jurisdiction, if the suit is
commenced within ninety (90) days of the making of the contract.
(5) No member of the board of trustees of a charter school
entity shall be compensated for duties on the board of trustees.
(b.3) A member of the board of trustees of a charter school
entity shall be automatically disqualified and immediately
removed from the board of trustees upon conviction for an
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offense graded as a felony, an infamous crime, an offense
pertaining to fraud, theft or mismanagement of public funds, any
offense pertaining to his official capacity as a member of the
board of trustees or any crime involving moral turpitude.
(c) The board of trustees shall comply with [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).
(d) (1) (i) The board of trustees of a charter school
entity shall consist of a minimum of five (5) nonrelated voting
members.
(ii) 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.
(2) Within one (1) year of the effective date of this
subsection, at least one member of the board of trustees of a
charter school entity shall be a parent of a child currently
attending the charter school entity OR, IN THE CASE OF A CHARTER
SCHOOL THAT PRIMARILY SERVES ADJUDICATED YOUTH, A MEMBER OF THE
JUVENILE COURT JUDGES' COMMISSION . The board of trustees member
required by PROVIDED FOR UNDER this paragraph shall be eligible
to serve only so long as the child attends the charter school
entity.
(e) (1) A majority of the voting members of the board of
trustees shall constitute a quorum. If less than a majority is
present at any meeting, no business may be transacted at the
meeting.
(2) The affirmative vote of a majority of all the voting
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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 8. The act is amended by adding a section to read:
Section 1716.1-A. Payment of Indebtedness by Charter School
Entities.--(a) The board of trustees of a charter school entity
shall supply the secretary and, in the case of a charter school
or regional charter school, the local board of school directors
a list of the amount of rental payments which are guarantees for
school building debt or bonds that become due during the fiscal
year together with the amount paid on each item of indebtedness.
Any charter school entity that elects to issue debt shall hold
in escrow an amount sufficient to pay the annual amount of the
sum of the principal maturing or subject to mandatory redemption
and interest owing by the charter school entity or sinking fund
deposit due by the charter school entity.
(b) (1) In any case where the board of trustees of a
charter school entity fails to pay or to provide for the payment
of:
(i) any indebtedness at date of maturity or date of
mandatory redemption or on any sinking fund deposit date; or
(ii) any interest due on such indebtedness on any interest
payment date or on any sinking fund deposit date in accordance
with the schedule under which the bonds were issued,
the bank or trustee for the bonds shall notify the board of
trustees of its obligation and shall immediately notify the
secretary and, in the case of a charter school or regional
charter school, the local board of school directors.
(2) The secretary shall withhold any payment due the charter
school entity in any amount necessary to fully fund the amount
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held in escrow by the charter school entity which shall be equal
to the sum of the principal amount maturing or subject to
mandatory redemption and interest owing by the charter school
entity or sinking fund deposit due by the charter school entity
and shall require payover of the amount withheld to the bank or
trustee acting as the sinking fund depositary for the bond issue
from the escrow account.
Section 9. Sections 1717-A(c), (d), (e) and (f) and 1719-A
of the act, added June 19, 1997 (P.L.225, No.22), are amended to
read:
Section 1717-A. Establishment of Charter School.--* * *
(c) An application to establish a charter school shall be
submitted to the local board of school directors of the district
where the charter school will be located by [November 15]
October 1 of the school year preceding the school year in which
the charter school will be established except that for a charter
school beginning in the 1997-1998 school year, an application
must be received by July 15, 1997. In the 1997-1998 school year
only, applications shall be limited to recipients of fiscal year
1996-1997 Department of Education charter school planning
grants.
(d) Within forty-five (45) days of receipt of an
application, the local board of school directors in which the
proposed charter school is to be located shall hold at least one
public hearing on the provisions of the charter application,
under [the act of July 3, 1986 (P.L.388, No.84), known as the
"Sunshine Act."] 65 Pa.C.S. Ch. 7 (relating to open meetings).
At least forty-five (45) days must transpire between the first
public hearing and the final decision of the board on the
charter application except that for a charter school beginning
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