Regular Session 2019-2020 House Bill 0357 P.N. 2108

PRIOR PRINTER'S NO. 1746

PRINTER'S NO. 2108

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

357

Session of

2019

INTRODUCED BY TOPPER, DOWLING, HICKERNELL, KAIL, MARSHALL,

MASSER, MILLARD, REESE, ROTHMAN AND SAYLOR, MAY 7, 2019

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 11, 2019

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 pupils and attendance, providing

for transfer of attendance records to another school entity

or nonpublic school; in charter schools, further providing

FOR DEFINITIONS, for establishment of charter school, for

contents of application and for term and form of charter,

providing for amendments and further providing for

enrollment, for cyber charter school requirements and

prohibitions, FOR TORT LIABILITY and for establishment of

cyber charter school.

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 1313.2. Transfer of Attendance Records to Another

School Entity or Nonpublic School.--(a) (1) Whenever 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

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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) In the case of 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.

means a public school district, charter school, cyber charter

school, regional charter school, intermediate unit or area

vocational-technical school.

Section 2. Sections 1703-A, 1717-A(c), (d), (e) and (f),

1719-A and 1720-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

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;

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(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.

"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.

["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

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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.

"CYBER CHARTER SCHOOL" SHALL MEAN AN INDEPENDENT PUBLIC

SCHOOL ESTABLISHED AND OPERATED UNDER A CHARTER FROM THE

DEPARTMENT OF EDUCATION AND IN WHICH THE SCHOOL USES TECHNOLOGY,

INCLUDING ELECTRONIC OR DIGITAL BOOKS, IN ORDER TO PROVIDE A

SIGNIFICANT PORTION OF ITS CURRICULUM AND TO DELIVER A

SIGNIFICANT PORTION OF INSTRUCTION TO ITS STUDENTS THROUGH THE

INTERNET OR OTHER ELECTRONIC MEANS. A CYBER CHARTER SCHOOL MUST

BE ORGANIZED AS A PUBLIC, NONPROFIT CORPORATION. A CHARTER MAY

NOT BE GRANTED TO A FOR-PROFIT ENTITY.

"DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"EDUCATIONAL MANAGEMENT SERVICE PROVIDER" SHALL MEAN A

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.

"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.

"REGIONAL CHARTER SCHOOL" SHALL MEAN AN INDEPENDENT PUBLIC

SCHOOL ESTABLISHED AND OPERATED UNDER A CHARTER FROM MORE THAN

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ONE LOCAL BOARD OF SCHOOL DIRECTORS AND IN WHICH STUDENTS ARE

ENROLLED OR ATTEND. A REGIONAL CHARTER SCHOOL MUST BE ORGANIZED

AS A PUBLIC, NONPROFIT CORPORATION. CHARTERS MAY NOT BE GRANTED

TO ANY FOR-PROFIT ENTITY.

"SCHOOL DISTRICT OF RESIDENCE" SHALL MEAN THE SCHOOL DISTRICT

IN THIS COMMONWEALTH IN WHICH [THE PARENTS OR GUARDIANS OF A

CHILD RESIDE.] A CHILD RESIDES AS DETERMINED UNDER SECTION 1302

AND 22 PA. CODE § 11.11(A)(1) (RELATING TO ENTITLEMENT OF

RESIDENT CHILDREN TO ATTEND PUBLIC SCHOOLS).

"SCHOOL ENTITY" SHALL MEAN A SCHOOL DISTRICT, INTERMEDIATE

UNIT, JOINT SCHOOL OR AREA VOCATIONAL-TECHNICAL SCHOOL.

"SECRETARY" SHALL MEAN THE SECRETARY OF EDUCATION OF THE

COMMONWEALTH.

"STATE BOARD" SHALL MEAN THE STATE BOARD OF EDUCATION OF THE

COMMONWEALTH.

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

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,

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

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

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

public hearing and the final decision of the board on the

charter application except that for a charter school beginning

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

transpire between the first public hearing and the final

decision of the board.

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

first public hearing on the application, the local board of

school directors shall grant or deny the application. For a

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

board of school directors shall grant or deny the application no

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

(2) A charter school application submitted under this

article shall be evaluated by the local board of school

directors based on criteria, including, but not limited to, the

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 and share best practices.

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

existing school being converted to a charter school, shall

establish the alternative arrangements for current students who

choose not to attend the charter school.

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

local board of school directors [of a school district] upon

affirmative vote by a majority of all the directors. Formal

action approving or denying the application shall be taken by

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

notice or consideration of the application given by the board,

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

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

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

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

description of deficiencies in the application, shall be clearly

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

to the charter school applicant.

(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

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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.

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

department shall create a standard application form for charter

school applicants seeking to establish a charter school entity

and a standard application form for existing charter school

entities seeking renewal of their charters. The department shall

transmit notice of the forms to the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin, and the forms

shall be posted on the department's publicly accessible Internet

website. The forms shall include all of the following

information:

(1) The identification of the charter school applicant.

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

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

(4) [The proposed governance structure of the charter

school, including a description and method for the appointment

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

organization chart clearly presenting the proposed governance

structure of the school, including lines of authority and

reporting between the board of trustees, administrators, staff

and any educational management service provider that will

provide management services to the charter school entity.

(4.1) A clear description of the roles and responsibilities

of the board of trustees, administrators and any other entities,

including a charter school foundation, shown in the organization

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chart.

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

or election of members of the board of trustees.

(4.3) Standards for board of trustees' performance,

including compliance with all applicable laws, regulations and

terms of the charter.

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

an educational management service provider for services, all of

the following shall apply:

(i) Evidence of the educational management service

provider's record in serving student populations, including

demonstrated academic achievement and demonstrated management of

nonacademic school functions, including proficiency with public-

school-based accounting, if applicable.

(ii) A draft contract, if the educational management service

provider has been engaged by the charter school entity, stating

all of the following:

(A) The officers, chief administrator and administrators of

the educational management service provider.

(B) The proposed duration of the service contract.

school staff and the educational management service provider.

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

provided by the educational management service provider.

(E) Performance evaluation measures and timelines.

(F) The compensation structure, including clear

identification of all fees to be paid to the educational

management service provider.

(G) Methods of contract oversight and enforcement.

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

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educational management service provider on behalf of the charter

school entity.

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

(iii) Disclosure and explanation of any existing or

potential conflicts of interest between the members of the board

of trustees and the proposed educational management service

provider or any affiliated business entities, including a

charter school foundation qualified as a support organization

under the Internal Revenue Code of 1986 (Public Law 99-514, 26

U.S.C. § 1 et seq.).

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

entity, the curriculum to be offered and the methods of

assessing whether students are meeting educational goals.

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

evaluating the admission of students] which shall comply with

the requirements of section 1723-A.

(7) Procedures which will be used regarding the suspension

or expulsion of pupils. Said procedures shall comply with

section 1318.

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

be involved in the charter school entity planning process.

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

provisions which will be made for auditing the school under

[section 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

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

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

developed with the local school district regarding participation

of the charter school entity students in extracurricular

activities within the school district. Notwithstanding any

provision to the contrary, no school district of residence shall

prohibit a student of a charter school entity from participating

in any extracurricular activity of that school district of

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

the requirements of participation in such activity and the

charter school entity does not provide the same extracurricular

activity.

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

and employment history reviews, pursuant to [section 111]

sections 111 and 111.1, for all individuals identified in the

application who shall have direct contact with students[.] and a

plan for satisfying the proper criminal history record

clearances 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)] C (relating to

powers and duties of department) and section 111 for all

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individuals identified in the application who shall have direct

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

official clearance statement regarding child injury or abuse

required for all other staff.

(17) How the charter school entity will provide adequate

liability and other appropriate insurance for the charter school

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

school entity.

(18) Policies regarding truancy, absences and withdrawal of

students, including the manner in which the charter school

entity will monitor attendance consistent with section 1715-A(9)

and the truancy provisions under Article XIII.

(19) Indicate whether the charter school entity will seek

accreditation by a nationally recognized accreditation agency,

including the Middle States Association of Colleges and Schools

or another regional institutional accrediting agency recognized

by the United States Department of Education or an equivalent

federally recognized body for charter school education.

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

additional terms, develop its own application or require

additional information outside the standard application forms

required under subsection (a). The department shall review the

REQUIRED UNDER SUBSECTION (A).

forms every three (3) years and shall submit any recommended

revisions in writing to the Education Committee of the Senate

and the Education Committee of the House of Representatives

STATE BOARD . No such recommended revisions shall be made to the

standard application forms unless the revisions are enacted

APPROVED by the General Assembly. STATE BOARD. REVISIONS UNDER

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THIS SUBSECTION SHALL BE AS FOLLOWS:

(1) THE STATE BOARD SHALL TRANSMIT NOTICE OF THE

DEPARTMENT'S PROPOSED REVISIONS TO THE STANDARD APPLICATION

FORMS TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE

PENNSYLVANIA BULLETIN. THE STATE BOARD SHALL GIVE AT LEAST

THIRTY (30) DAYS FOR THE SUBMISSION OF PUBLIC COMMENT AND SHALL

HOLD AT LEAST ONE PUBLIC HEARING ON THE PROPOSED REVISIONS.

(2) AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD AND THE

PUBLIC HEARING, THE STATE BOARD SHALL SUBMIT ALL PUBLIC COMMENTS

AND THE TRANSCRIPT OF THE PUBLIC HEARING TO THE EDUCATION

COMMITTEE OF THE SENATE AND THE EDUCATION C OMMITTEE OF THE HOUSE

OF REPRESENTATIVES.

(3) PRIOR TO THE STATE BOARD APPROVING ANY REVISIONS, TIMELY

AND MEANINGFUL CONSULTATION WITH THE CHAIR AND MINORITY CHAIR OF

THE EDUCATION C OMMITTEE OF THE SENATE AND THE CHAIR AND MINORITY

CHAIR OF THE EDUCATION C OMMITTEE OF THE HOUSE OF

REPRESENTATIVES, WITH THE OPPORTUNITY FOR INPUT, MUST BE GIVEN.

THE DEPARTMENT SHALL PRESENT THE PROPOSED REVISIONS AT A JOINT

HEARING OF THE EDUCATION COMMITTEE OF THE SENATE AND THE

EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES, IF

REQUESTED, WITHIN 60 DAYS OF SUBMISSION OF PUBLIC COMMENTS AND

THE TRANSCRIPT OF THE PUBLIC HEARING UNDER PARAGRAPH (2).

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 standard charter application under section

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

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

directors [of a school district] in the case of a regional

charter school or by the chairman of the appeal board pursuant

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

of the charter school or regional charter school. This written

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

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

directors [of a school district] in the case of a regional

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

charter school 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 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

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.

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(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 under section 1719-A(a)

with the local board of school directors by December OCTOBER 1

of the final year of the charter.

(2) Within ninety (90) days of receipt of the ONE HUNDRED

TWENTY (120) DAYS OF THE RECEIPT OF THE COMPLETE renewal

application, the local board of school directors shall vote to

renew or not renew the charter.

(3) A decision by the appeal board under this subsection 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

school or regional charter school as provided for in subsection

(a)(2). If the local board of school directors fails to sign the

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

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signed by the chairman of the appeal board.

Section 3. The act is amended by adding a section to read:

Section 1720.1-A. Amendments.--(a) Subject to subsection

(a.1) SUBSECTIONS (A.1) AND (A.2) , a charter school or regional

charter school may request amendments to its approved written

charter by filing a written document describing the requested

amendment with the local board of school directors no later than

December OCTOBER 15 of the school year prior to the school year

in which the amendment would take effect.

(a.1) Notwithstanding the notice requirements of subsection

(a), in the event of the impossibility of a charter school's or

regional charter school's compliance with the terms of a charter

due to its inability to acquire services or products outlined in

a charter or facility damage, the charter school or regional

charter school shall immediately notify the local board of

school directors of the necessity for an emergency amendment,

which shall be effective immediately as a temporary amendment

pending completion of the processes set forth in subsections (b)

and (c).

(A.2) FOR A FIVE-YEAR CHARTER, A CHARTER SCHOOL OR REGIONAL

CHARTER SCHOOL MAY ONLY REQUEST AMENDMENTS IN YEAR TWO, THREE OR

FOUR OF THE CHARTER TERM. FOR A THREE-YEAR CHARTER, A CHARTER

SCHOOL OR REGIONAL CHARTER SCHOOL MAY ONLY REQUEST AMENDMENTS IN

YEAR TWO OF THE CHARTER TERM.

(b) Within sixty (60) days of receipt of the charter

amendment request, the local board of school directors shall

hold a public hearing on the requested amendment pursuant to 65

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

subsection (b), the local board of school directors shall grant

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or deny the requested amendment. Failure by the local board of

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

the requested amendment within the time periods specified in

this section shall be deemed an approval, after which the

amended charter shall be legally binding on both the local board

of school directors and the board of trustees of the charter

school or regional charter school.

(d) Notwithstanding subsection (a), a charter school or

regional charter school also may request amendments to its

approved written charter at the time of renewal. Charter

amendment requests made at the time of renewal shall be

considered distinct requests that shall be subject to

independent approval or denial by the local board of school

directors, in accordance with the provisions of this section.

(RESERVED).

(e) An applicant for an amendment may appeal the denial of a

requested amendment under this section to the appeal board

provided for under section 1721-A . EXCEPT THAT AN APPLICANT MAY

NOT APPEAL A DENIAL OF AN AMENDMENT RELATED TO ENROLLMENT GROWTH

OR GRADE EXPANSION.

(f) Except in the case of an emergency, a A charter school

or regional charter school which has no restrictions on

enrollment expansion shall notify the local board of school

directors if it intends to expand enrollment by more than ten

per centum no later than December 15 of the school year prior to

the school year in which enrollment would be expanded . EXCEPT

NOTICE MAY BE GIVEN AT ANY TIME IN THE CASE OF AN EMERGENCY

WHICH REQUIRES INCREASED ENROLLMENT. The notification shall

include the following:

(1) The planned enrollment levels for each grade for the

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following school year.

(2) If applicable, a description of any CHANGES TO AN

EXISTING facility changes needed to accommodate the planned

enrollment levels.

(g) Except in the case of an emergency, a A charter school

or regional charter school which has no OTHER restrictions on

enrollment expansion IN ITS CHARTER shall notify the local board

of school directors if it intends to change the location of a

facility or facilities no later than December 15 of the school

year prior to the school year in which the facility change would

take place EXCEPT NOTICE MAY BE GIVEN AT ANY TIME IN THE CASE OF

AN EMERGENCY RELATED TO THE FACILITY . The notification shall

include the following:

(1) A description of the proposed new facility.

(2) Information showing that the proposed new facility is

suitable in accordance with the applicable school facility

requirements, including zoning, license and certification of

occupancy requirements.

THIS SUBSECTION SHALL NOT APPLY TO A CHARTER SCHOOL OR

REGIONAL CHARTER SCHOOL SEEKING TO OPERATE A SCHOOL AT MORE THAN

ONE LOCATION, WHICH MUST BE REQUESTED THROUGH THE AMENDMENT

PROCESS SET FORTH IN SECTION 1720.1-A. A CHARTER SCHOOL OR

REGIONAL CHARTER SCHOOL MAY OPERATE AT MORE THAN ONE LOCATION

WITHIN THE DISTRICT OR DISTRICTS THAT AUTHORIZED THE CHARTER

WITHOUT REQUESTING AN AMENDMENT IF OPERATION IN MORE THAN ONE

LOCATION IS PERMITTED BY THE TERMS OF THE CHARTER.

FOR PURPOSES OF THIS SECTION, AN "EMERGENCY" SHALL MEAN A

MANMADE OR NATURAL DISASTER, INCLUDING, BUT NOT LIMITED TO,

DAMAGE TO A SCHOOL BUILDING, ANOTHER CIRCUMSTANCE RENDERING A

SCHOOL BUILDING UNFIT OR UNSAFE FOR USE, A DISEASE EPIDEMIC OR A

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HAZARDOUS WEATHER CONDITION. IF ANOTHER EMERGENCY ARISES THAT

REQUIRES EXPANDED ENROLLMENT OR A CHANGE IN FACILITY, THE

CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL MUST CONSULT WITH THE

AUTHORIZING SCHOOL DISTRICT OR SCHOOL DISTRICTS.

Section 4. Section 1723-A(a) and (b) of the act are amended

and the section is amended by adding a subsection SUBSECTIONS to

read:

Section 1723-A. [Enrollment] Admission and Enrollment

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

Commonwealth who submit a completed enrollment form in

accordance with clause s (3) and (4) qualify for admission to a

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

[If] In the case of 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 clause s (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 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

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chartered .

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

waiting list following its initial selection of eligible

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

charter school shall select and enroll eligible applicants from

the waiting list as spaces become available. All children shall

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

selecting and enrolling eligible applicants from the waiting

list, a charter school or regional charter school shall give

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

those who reside in the district or districts in which the

charter school is physically located 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, it may then

enroll children on the waiting list who reside outside of the

district. Nonresident children shall also 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,

age, birth date and current grade level.

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

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

charter school entity shall not require or request information

beyond the contents of the standard enrollment form developed by

the department.

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

entity from requesting the submission of additional records and

information that public schools are entitled to receive after a

student is accepted for admission to, and has indicated an

intent to enroll in, the charter school entity.

(7) As used in this sub section , "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

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

with a disability, proficiency in the English language or any

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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.

* * *

(e) A school district's obligation to make payments for

students enrolled in a charter school entity shall be governed

by section 1725-A or, in the case of students who are below a

school district's age of enrollment, by the terms of any charter

or service contract between a school district and a charter

school entity. Notwithstanding the above, absent language to the

contrary in a charter or service contract between a school

district and a charter school entity, a school district shall

not be obligated to fund a four-year-old kindergarten program if

the school district has exercised its discretion not to offer

such a program in its own schools.

(F) UPON NOTIFICATION OF THE NONRENEWAL OR TERMINATION OF A

CHARTER UNDER SECTION 1729-A, A CHARTER SCHOOL MAY NOT ENROLL

NEW STUDENTS UNLESS THE CHARTER SCHOOL FILES AN APPEAL TO THE

CHARTER SCHOOL APPEAL BOARD. IF THE CHARTER SCHOOL'S APPEAL IS

DENIED BY THE CHARTER SCHOOL APPEAL BOARD, THE CHARTER SCHOOL

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MUST IMMEDIATELY STOP ENROLLING NEW STUDENTS.

Section 5. Sections 1727-A, 1743-A(e) and 1745-A of the act

are amended to read:

SECTION 1727-A. [TORT LIABILITY] LIABILITY AND SECURITY.--

(A) FOR PURPOSES OF TORT LIABILITY, EMPLOYES OF THE CHARTER

SCHOOL 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 AND THE CHARTER SCHOOL SHALL BE

SOLELY LIABLE FOR ANY AND ALL DAMAGES OF ANY KIND RESULTING FROM

ANY LEGAL CHALLENGE INVOLVING THE OPERATION OF A CHARTER SCHOOL.

NOTWITHSTANDING THIS REQUIREMENT, THE LOCAL BOARD OF DIRECTORS

OF A SCHOOL ENTITY SHALL NOT BE HELD LIABLE FOR ANY ACTIVITY OR

OPERATION RELATED TO THE PROGRAM OF THE CHARTER SCHOOL.

(B) (1) A CHARTER SCHOOL SHALL POSSESS AND MAINTAIN

ADEQUATE AND APPROPRIATE INSURANCE, BOND OR OTHER SECURITY AS

PROVIDED UNDER SECTION 1719-A(A)(17). THE INSURANCE, BOND OR

OTHER SECURITY SHALL BE CONTINUOUSLY MAINTAINED AND SHALL

PROVIDE COVERAGE DURING THE TIME THE CHARTER SCHOOL IS IN

OPERATION AND FOR SUFFICIENT TIME FOLLOWING THE CHARTER SCHOOL'S

CLOSURE TO MAKE PAYMENT ON ALL CLAIMS KNOWN OR WHICH COULD HAVE

BEEN KNOWN TO EXIST AT THE TIME OF THE SCHOOL'S CLOSURE.

(2) THE INSURANCE, BOND OR OTHER SECURITY SHALL PROVIDE

COVERAGE FOR EDUCATIONAL SERVICES AND FEES AND COSTS INCURRED BY

A CHARTER SCHOOL AND PREVAILING PARTIES UNDER THE INDIVIDUALS

WITH DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C. §

1400 ET SEQ.), SECTION 504 OF THE REHABILITATION ACT OF 1973

(PUBLIC LAW 93-112, 29 U.S.C. § 701 ET SEQ.) AND RELATED FEDERAL

OR STATE LAWS, SALARY AND WAGE PAYMENTS DUE TO EMPLOYES,

EMPLOYER AND EMPLOYE CONTRIBUTIONS FOR THE PENNSYLVANIA SCHOOL

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EMPLOYEES RETIREMENT SYSTEM AND OTHER RETIREMENT PROGRAMS

OFFERED TO EMPLOYES, MEDICAL AND OTHER HEALTH INSURANCE BENEFITS

OFFERED TO EMPLOYES, WORKERS COMPENSATION, UNEMPLOYMENT

COMPENSATION AND TAXES AND OTHER LIABILITIES TO FEDERAL, STATE

AND LOCAL TAX AGENCIES, SCHOOL DISTRICT OVERPAYMENTS UNDER

SECTION 1725-A AND OTHER LIABILITIES REASONABLY CONNECTED TO THE

CHARTER SCHOOL'S OPERATIONS.

(3) THE INSURANCE, BOND OR OTHER SECURITY SHALL NAME AS

ADDITIONAL INSUREDS, OR OTHERWISE PROVIDE COVERAGE FOR, THE

CHARTER AUTHORIZER AND THE COMMONWEALTH AND ITS AGENCIES AND

OFFICIALS.

(4) EVIDENCE OF ADEQUATE AND APPROPRIATE INSURANCE, BOND OR

OTHER SECURITY AS REQUIRED BY THIS SUBSECTION SHALL BE MADE

AVAILABLE TO THE LOCAL BOARD OF SCHOOL DIRECTORS AND THE

DEPARTMENT AT THE TIME OF INITIAL APPLICATION AND AT THE TIME OF

SUBMISSION OF THE CHARTER RENEWAL APPLICATION. THE CHARTER

SCHOOL SHALL ALSO PROVIDE EVIDENCE OF THE INSURANCE, BOND OR

OTHER SECURITY TO PARENTS OR EMPLOYES OF THE CHARTER SCHOOL OR

TO THE LOCAL BOARD OF SCHOOL DIRECTORS OR THE DEPARTMENT UPON

REQUEST. THE CHARTER SCHOOL SHALL PROVIDE WRITTEN NOTICE TO THE

LOCAL BOARD OF SCHOOL DIRECTORS AND TO THE DEPARTMENT WITHIN TEN

(10) DAYS OF ANY CHANGE TO THE INSURANCE, BOND OR SECURITY.

Section 1743-A. Cyber charter school requirements and

prohibitions.

* * *

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

school shall:

(1) provide all instructional materials, which may

include electronic or digital books in place of textbooks;

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

20190HB0357PN2108 - 24 -

to, a computer, computer monitor and printer, provided 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 computer, computer monitor and 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).

* * *

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

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offering instruction via the Internet or other electronic

means, except that the instruction shall not be recognized as

a cyber charter school under this article unless the school

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.

(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.

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

application, the department shall grant or deny the application.

The department shall review the application and shall hold at

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

open meetings). At least 30 days prior to the hearing, the

department shall publish in the Pennsylvania Bulletin and on the

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

website notice of the hearing and the purpose of the

application.

(f) Evaluation criteria.--

(1) A cyber charter school application pursuant to

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.

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(ii) The capability of the cyber charter school

applicant, in terms of support and planning, to provide

comprehensive learning experiences to students under the

charter.

(iii) The extent to which the programs outlined in

the application will enable students to meet the academic

standards under 22 Pa. Code Ch. 4 (relating to academic

standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4.

(iv) The extent to which the application meets the

requirements of section 1747-A.

(v) The extent to which the cyber charter school may

serve as a model for other public schools.

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

be sent by certified mail to the applicant and published on

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

Internet website. If the application is denied, the reasons

for denial, including a description of deficiencies in the

application, shall be clearly stated in the notice.

(3) Upon approval of a cyber charter school application,

a written charter shall be developed which shall contain the

provisions of the charter application and be signed by the

secretary and each member of the board of trustees of the

cyber charter school. The charter, when duly signed, shall

act as legal authorization of the establishment of a cyber

charter school. The charter shall be legally binding on the

department, the cyber charter school and its board of

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

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

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

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follows:

(i) An initial charter granted under this section

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

more than five years.

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

renewed for five-year periods upon reauthorization by the

department.

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

application as provided under section 1719-A with the

department by December OCTOBER 1 of the final year of the

charter.

(ii) Within 90 120 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.

(6) (i) Subject to subparagraph (ii), a cyber charter

school may request amendments to its approved written

charter by filing with the department a written document

describing the requested amendment no later than December

OCTOBER 15 of the school year prior to the school year in

which the amendment would take effect.

(ii) Notwithstanding the notice requirements of

subparagraph (i), in the event of the impossibility of a

cyber charter school's compliance with the terms of a

charter due to its inability to acquire services or

products outlined in a charter or facility damage, the

cyber charter school shall immediately notify the

department of the necessity for an emergency amendment,

which shall be effective immediately as a temporary

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amendment pending completion of the processes set forth

in paragraphs (7) and (8).

(III) FOR A FIVE-YEAR CHARTER, A CYBER CHARTER

SCHOOL MAY ONLY REQUEST AMENDMENTS IN YEAR TWO, THREE OR

FOUR OF THE CHARTER TERM. FOR A THREE-YEAR CHARTER, A

CYBER CHARTER SCHOOL MAY ONLY REQUEST AMENDMENTS IN YEAR

TWO.

(7) Within 60 days of its receipt of the charter

amendment request, the department shall hold a public hearing

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

(8) Within 60 days after the hearing required under

paragraph (7), the department shall grant or deny the

requested amendment. Failure by the department to hold a

public hearing and to grant or deny the requested amendment

within the time periods specified in this section shall be

deemed an approval, after which the amended charter shall be

legally binding on both the department and the board of

trustees of the cyber charter school.

(9) Notwithstanding paragraph (6), a cyber charter

school also may request amendments to its approved written

charter at the time of renewal. Charter amendment requests

made at the time of renewal shall be considered as distinct

requests that shall be subject to independent approval or

denial by the department, in accordance with the provisions

of this section.

(10) (9) An applicant for an amendment may appeal the

denial of a requested amendment under this section to the

appeal board provided for under section 1721-A . EXCEPT THAT

AN APPLICANT MAY NOT APPEAL A DENIAL RELATED TO ENROLLMENT

GROWTH OR GRADE EXPANSION.

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(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 6. This act shall take effect in 60 days.

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