Regular Session 2021-2022 House Bill 0272 P.N. 0662

PRINTER'S NO. 662

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

272

Session of

2021

INTRODUCED BY CIRESI, THOMAS, HILL-EVANS, McCLINTON, ISAACSON,

SNYDER, SANCHEZ, SCHLOSSBERG, McNEILL, D. WILLIAMS, NEILSON,

LONGIETTI, DELLOSO, BENHAM, PENNYCUICK, WEBSTER, DEASY,

DALEY, A. DAVIS, SHUSTERMAN, ZABEL, O'MARA, STRUZZI,

GALLOWAY, PISCIOTTANO, PASHINSKI, FRANKEL, VITALI, MULLINS,

MARKOSEK, INNAMORATO, BURNS, BRADFORD, STURLA, ROZZI, DeLUCA,

KIM, CARROLL, BRIGGS, HANBIDGE, FREEMAN, N. NELSON, MALAGARI,

FRITZ, T. DAVIS, SOLOMON, KULIK, KINKEAD, HARKINS, GAINEY,

BIZZARRO, FITZGERALD, POLINCHOCK, BROOKS, HOWARD, YOUNG,

KRUEGER AND OTTEN, MARCH 1, 2021

REFERRED TO COMMITTEE ON EDUCATION, MARCH 1, 2021

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in preliminary provisions, providing

for advertising; in terms and courses of study, further

providing for agreements with institutions of higher

education; in opportunities for educational excellence,

further providing for responsibilities of school entities; in

charter schools, further providing for short title, for

legislative intent, for definitions and for powers of charter

schools, providing for powers of authorizers, further

providing for charter school requirements, for powers of

board of trustees, for establishment of charter school, for

regional charter school, for contents of application and for

term and form of charter, providing for charter amendments,

further providing for State Charter School Appeal Board, for

facilities, for enrollment, for school staff and for funding

for charter schools, providing for funding for cyber charter

schools, further providing for transportation, for tort

liability, for annual reports and assessments, for causes for

nonrenewal or termination, for multiple charter school

organizations, for desegregation orders and for charter

school grants, providing for accountability matrix, further

providing for provisions applicable to charter schools, for

powers and duties of department, for assessment and

evaluation, for cyber charter school requirements and

prohibitions, for school district and intermediate unit

responsibilities and for establishment of cyber charter

school, providing for cyber charter amendments, further

providing for State Charter School Appeal Board review, for

cyber charter school application and for enrollment and

notification, providing for enrollment parameters, further

providing for applicability of other provisions of this act

and of other acts and regulations, for effect on certain

existing charter schools, and for regulations, and providing

for cyber charter school moratorium; and, in reimbursements

by Commonwealth and between school districts, further

providing for approved reimbursable annual rental for leases

of buildings or portions of buildings for charter school use;

and providing for applicability.

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

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

technology, transportation or other expenses shall not advertise

those expenses as free, and any reference to tuition,

technology, transportation or other expenses must indicate that

the cost is covered by taxpayer dollars. A paid media

advertisement shall include a television, radio, newspaper,

magazine or movie theater advertisement, billboard, bus poster

or Internet-based or other commercial method that may promote

enrollment in a public school entity.

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

shall mean a public school district, charter school entity,

intermediate unit or area career and technical school.

Section 2. Section 1525 of the act is amended to read:

Section 1525. Agreements with Institutions of Higher

Education.--(a) Notwithstanding any other provision of law to

the contrary, a school district, charter school, regional

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charter school, cyber charter school or area career and

technical school may enter into an agreement with one or more

institutions of higher education approved to operate in this

Commonwealth in order to allow [resident] students to attend

such institutions of higher education while the [resident]

students are enrolled in the school district, charter school,

regional charter school, cyber charter school or area career and

technical school. The agreement may be structured so that high

school students may receive credits toward completion of courses

at the school district, charter school, regional charter school,

cyber charter school or area career and technical school and at

institutions of higher education approved to operate in this

Commonwealth.

(b) Charter schools, regional charter schools and cyber

charter schools that offer students enrollment at an institution

of higher education as part of the high school program and pay

the costs of the tuition, fees and textbooks on behalf of

students shall continue to receive tuition as calculated under

section 1725-A or 1725.1-A for the students.

textbooks are paid by the student of any charter school,

regional charter school or cyber charter school, the amount paid

for the tuition, fees and textbooks shall be deducted from the

school district of residence's payment under section 1725-A or

1725.1-A to the charter school, regional charter school or cyber

charter school.

(d) School districts shall make no payment to charter

schools, regional charter schools or cyber charter schools if

the student pays the cost of full-time enrollment to the

institution of higher education.

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(e) Notwithstanding any provision of law to the contrary, if

a school district's payment to a charter school, regional

charter school or cyber charter school under section 1725-A or

1725.1-A is greater than the cost of tuition, fees and textbooks

paid by the charter school, regional charter school or cyber

charter school multiplied by the number of higher education

courses a student is enrolled in, the school district's payment

under section 1725-A or 1725.1-A shall be reduced by the

difference.

Section 3. Section 1611-B of the act is amended by adding a

subsection to read:

Section 1611-B. Responsibilities of school entities.

* * *

(g) Revenue received by school district.--Notwithstanding

any provision of law to the contrary, the expenditures of

revenues received by a school district under section 1603-B

shall not be included in the school district's total expenditure

per average daily membership used to calculate the amount to be

paid to a charter school entity under section 1725-A or 1725.1-

Section 4. Sections 1701-A and 1702-A of the act are amended

to read:

Section 1701-A. Short Title.--This article shall be known

and may be cited as the "Charter School Law."

Section 1702-A. Legislative Intent.--It is the intent of the

General Assembly, in enacting this article, to provide pupils

and community members to establish and maintain schools that

operate independently from the existing school district

structure as a method to accomplish all of the following:

(1) Improve pupil learning.

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(2) Increase learning opportunities for all pupils.

(3) Encourage the use of different and innovative teaching

methods.

(4) Create new professional opportunities for teachers,

including the opportunity to be responsible for the learning

program at the school site.

(5) Provide parents and pupils with expanded choices in the

types of educational opportunities that are available within the

public school system.

(6) Hold the schools established under this act accountable

for meeting measurable academic standards and provide the school

with a method to establish accountability systems.

Section 5. Section 1703-A of the act, amended October 30,

2019 (P.L.460, No.76), is amended to read:

Section 1703-A. Definitions.--[As] Unless the context

clearly indicates otherwise, as used in this article,

"Accountability matrix" shall mean an annual report by the

department to evaluate the academic performance, operations,

governance and financial management of charter school entities.

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

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

school district that granted a charter to the charter school;

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

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

the department, based on the school districts that granted the

charter; or

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

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

which the administrative offices of the cyber charter school are

located.

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"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.

"Authorizer" shall mean one of the following with the powers

under section 1714.1-A:

(1) A board of school directors.

(2) A board of education of a school district.

(3) The department, for a cyber charter school.

"Charter school" shall mean an independent public school

established and operated under a charter from the local board of

school directors or board of education 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, cyber charter school or multiple charter school

organization.

"Charter school foundation" shall mean a nonprofit

organization qualified as Federally tax exempt 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 or resources

or otherwise serves to support a charter school entity, either

directly or through an affiliated 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.

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"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

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.

"Compensation" shall include money or other remuneration

received from a charter school entity.

"Department" shall mean the Department of Education of the

Commonwealth.

"Educational management service provider" shall mean a

nonprofit or for-profit charter management organization,

education management organization, school design provider,

business manager or any other entity or individual that enters

into a contract or agreement with a charter school entity 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.

"Emergency" shall mean a fire, flood, environmental hazard or

other major disruption that impacts or could impact the health

or safety of students or staff or renders all or part of a

charter school facility unfit for use or occupation.

"Family member" shall mean a parent, guardian, stepparent,

child, stepchild, spouse, domestic partner, brother, sister,

stepbrother, stepsister, grandparent, grandchild, parent-in-law,

brother-in-law, sister-in-law, aunt, uncle, or first cousin.

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

directors of a school district in which a proposed or an

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approved charter school is located.

"Material term" for purposes of amendments to a charter,

shall mean the following:

(1) Name change of a charter school or cyber charter school.

(2) Change in building location or addition of a new

facility.

(3) Change in charter management organization or education

management service provider.

(4) Change to curriculum provider.

(5) Change to mission or educational plan.

(6) Change to grade levels served.

(7) Enrollment expansion based on the maximum authorized

enrollment for the term of the charter.

(8) Any information as required by sections 1717-A, 1719-A

or 1747-A from an applicant, as specifically relevant to the

component of the charter that the school seeks to amend.

"Multiple charter school organization" shall mean a public,

nonprofit corporation under the oversight of a single board of

trustees and a chief administrator that operates two (2) or more

charter schools under section 1729.1-A.

"Regional charter school" shall mean an independent public

school established and operated under a charter from more than

one local board of school directors and in which students are

enrolled or attend. A regional charter school must be organized

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

to any for-profit entity.

"School district of residence" shall mean the school district

in this Commonwealth in which the parents or guardians of a

child reside.

"School entity" shall mean a school district, intermediate

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unit, joint school or area career and 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 6. Section 1714-A of the act is amended to read:

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

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

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

desirable for carrying out its charter, including, but not

limited to, the power to:

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

selected shall include the words "charter school."

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

the same condition that political subdivisions and local

agencies can be sued.

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

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

use as a charter school facility.

(4) Receive and disburse funds for charter school purposes

only.

(5) Make contracts and leases for the procurement of

services, equipment and supplies.

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

funds.

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

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

school purposes.

(8) Establish plans, policies and practices consistent with

its charter, this article and Federal and State laws.

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

are necessary to fulfill its charter and which are not

inconsistent with this article.

the exercise of the powers specified in this section shall not

impose any liability or legal obligation upon a school entity or

upon the Commonwealth.

Section 7. The act is amended by adding a section to read:

Section 1714.1-A. Powers of Authorizers.--(a) An authorizer

of a charter school shall have all powers necessary for granting

or denying new charter applications; for executing, amending,

renewing, revoking or nonrenewing charter agreements; and for

overseeing and monitoring charter schools that the authorizer or

the State Charter School Appeal Board has authorized, including,

but not limited to, the following powers:

(1) Annually assess and evaluate the academic performance,

accepted standards of fiscal management and audit requirements,

governance and operations of a charter school to determine if

the charter school is meeting the requirements of its charter

and all applicable Federal, State and local laws.

(2) Conduct a comprehensive review and evaluation of the

academic performance, accepted standards of fiscal management

and audit requirements, governance and operations of a charter

school for purposes of renewal or nonrenewal or revocation to

determine if the charter school is meeting the requirements of

its charter and all applicable Federal, State and local laws.

(3) Access documents, systems and facilities of the charter

school and any related charter school foundation or education

management service provider promptly after requests concerning

documents, systems and facilities are submitted to the charter

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school, charter school foundation or education management

service provider.

(4) Develop or supplement model charter school application

forms and model charter school renewal application forms to

address local concerns specific to the authorizer, such as

student populations, current charter school entity performance

and facility locations.

(b) An authorizer of a cyber charter school shall have all

of the following powers:

(1) Grant or deny new charter applications.

(2) Execute, amend, renew, revoke or nonrenew charter

agreements.

(3) Oversee and monitor cyber charter schools as set forth

in subsection (a).

Section 8. Sections 1715-A and 1716-A of the act are amended

to read:

Section 1715-A. Charter School Entity Requirements.--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, guardians, families, the public, the authorizer of the

charter school and the Commonwealth, with the delineation of

that accountability reflected in the [charter] charters.

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Strategies for meaningful parent, guardian, family and community

involvement shall be developed and implemented by each [school]

charter school or cyber charter school.

(3) A charter school entity shall not unlawfully

discriminate in admissions, hiring or operation.

(4) A charter school entity shall be nonsectarian in all

operations.

(5) A charter school entity shall not provide any religious

instruction, nor shall it display religious objects and symbols

on the premises of the charter school entity.

(6) A charter school entity shall not advocate unlawful

behavior.

[(7) A 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.]

(8) A charter school entity shall participate in the

Pennsylvania State Assessment System as provided for in 22 Pa.

Code Ch. [5 (relating to curriculum)] 4 (relating to academic

standards and assessment), or subsequent regulations promulgated

to replace 22 Pa. Code Ch. [5] 4, in the manner in which the

school district in which [the] each charter school is located is

scheduled to participate.

(9) A charter school entity shall provide a minimum of one

hundred eighty (180) days of instruction or nine hundred (900)

hours per year of instruction at the elementary level, or nine

hundred ninety (990) hours per year of instruction at the

secondary level. Nothing in this clause shall preclude the use

of computer and satellite linkages for delivering instruction to

students.

(10) Boards of trustees and contractors of charter [schools]

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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

"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 each trustee

shall file a statement of financial interests for the preceding

calendar year with the board of trustees of the charter school

entity, the State Ethics Commission and the authorizer of the

charter school or 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. In the event that the trustee was

appointed or selected after May 1, the trustee shall file a

statement of financial interests in accordance with this clause

within thirty (30) days of appointment or selection. 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

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upon the duties of their office.

(12) (i) A person who serves as an administrator for a

charter school entity shall be an employe of the charter school

entity and shall not receive compensation from another charter

school entity, from an educational management service provider,

from a charter school foundation or from a company that provides

management or other services to another charter school entity.

The term "administrator" shall include the chief executive

officer of a charter school entity and all other employes of a

charter school entity who by virtue of their positions exercise

management or operational oversight responsibilities.

(ii) A person who serves as an administrator for a charter

school entity shall be a public official under 65 Pa.C.S. Ch. 11

[(relating to ethics standards and financial disclosure).] and

shall file a statement of financial interest for the preceding

calendar year with the board of trustees of the charter sc hool

entity, the State Ethics Commission and the authorizer of the

charter school or cyber charter school not later than May 1 of

each year that the person holds the position and of the year

after the person leaves the position . In the event that the

administrator was appointed after May 1, the administrator shall

file a statement of financial interest in accordance with this

clause within thirty (30) days of appointment. 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.

Section 1716-A. Powers and Composition of Board of

Trustees.--(a) The board of trustees of a charter school entity

shall have the authority to decide matters related to the

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operation of the school, including, but not limited to,

budgeting, curriculum and operating procedures, subject to the

school's charter. The board shall have the authority to employ,

discharge and contract with necessary professional and

nonprofessional employes subject to the school's charter and the

provisions of this article.

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

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

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

3, 1986 (P.L.388, No.84), known as the "Sunshine Act."] 65

Pa.C.S. Ch. 7 (relating to open meetings), and the following

shall apply to its meetings:

(1) No more than ten (10) days after the minutes of any

prior public meeting of the board of trustees are approved,

copies of the meeting minutes and agenda for charter school

entities shall be:

(i) Made available for inspection and copying upon request.

(ii) Provided to the charter school entity authorizer or, in

the case of a multiple charter school organization, to the

authorizer for each charter school.

(iii) Posted on its publicly accessible Internet website, if

one is maintained.

(2) The meeting agendas and the meeting minutes required

under clause (1) shall remain posted on the charter school

entity's publicly accessible Internet website, if one is

maintained, for at least two (2) years after the meeting agendas

and the meeting minutes were first posted. Nothing in this

section shall be construed to limit the charter school entity's

obligations to comply with the act of February 14, 2008 (P.L.6,

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No.3), known as "the Right-to-Know Law," or any other Federal or

State law requiring public disclosure.

(3) The requirements of this subsection shall not apply to

matters discussed in executive sessions of the board of

trustees, provided that the meeting agenda and meeting minutes

shall identify that an executive session was planned or held and

the general purpose of the executive session, including

identification of legal proceedings under 65 Pa.C.S. Ch. 7.

(d) (1) An individual shall be prohibited from serving as a

voting member of the board of trustees of a charter school

entity under any of the following conditions:

(i) If the individual or a family member of the individual

is employed by or receives money or remuneration from the

charter school entity.

(ii) If the individual is employed by either:

(A) the board of trustees or directors of a charter school

foundation that supports the charter school entity; or

(B) the board of trustees or directors of an educational

management service provider that contracts with the charter

school entity.

(iii) If the individual is employed by or is a member of the

local board of school directors of the authorizer of the charter

school.

(2) 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).

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

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interest shall abstain from voting and follow the procedures

required under 65 Pa.C.S. § 1103(j) (relating to restricted

activities). 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. A contract made in violation of this subsection

shall be voidable by a court of competent jurisdiction .

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

entity or family member of a member of a board of trustees of a

charter school entity shall not, directly or through any other

individual, entity, partnership or corporation in which the

member holds stock or has a financial interest or other

organization, provide a loan, forbearance or forgiveness of a

loan or other debt, service or product or lease property to the

charter school entity. A member of the board of trustees of a

charter school entity who 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. A contract made in violation of this subsection

shall be voidable by a court of competent jurisdiction.

(e) No member of the board of trustees of a charter school

entity shall be compensated for duties on the board of trustees,

except that the charter school entity may reimburse the members

for reasonable expenses incurred in the performance of their

duties. A report detailing the reasons for and amounts of

reimbursements paid to each member of the board of trustees

shall be made available upon request of any person, including in

response to a request under the "Right-to-Know Law."

(f) (1) A majority of the voting members of the board of

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trustees shall constitute a quorum. If less than a majority is

present at any meeting, no business may be transacted at the

meeting. Members of the board may participate in a meeting by

telephone conference or other electronic technology by means of

which all individuals participating in the meeting can hear each

other.

(2) The affirmative vote of a majority of all the voting

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

required in order to take official action.

( g ) (1) The board of trustees of a charter school entity

shall consist of a minimum of seven (7) nonrelated voting

members who are not family members. If a charter school entity

has fewer than seven (7) members, who are not family members,

serving on its board of trustees on the effective date of this

subsection, the charter school entity shall, within sixty (60)

days, appoint or select additional members to the board of

trustees to meet the minimum requirements of this section.

(2) The board of trustees shall include at least one of each

of the following:

(i) A certified public school educator not employed by the

charter school entity.

(ii) A parent, guardian or family member of a student

enrolled in the charter school entity or an alumnus of the

charter school entity.

(iii) A member of the community served by the charter school

entity.

(3) At least half of the members of the board of trustees

shall be appointed or selected through a procedure that provides

for the appointment and selection of the members by the

residents of the community served by the charter school entity.

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(4) 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 or upon a

plea of guilty or nolo contendere for an offense graded as a

felony, an infamous crime, an offense pertaining to fraud, theft

or mismanagement of public funds, any offense pertaining to the

member's official capacity as a member of the board of trustees,

an offense listed in section 111(e) or any crime involving moral

turpitude. A member of the board of trustees may also be removed

from the board of trustees for violation of the st andards for

board of trustees' performance, including compliance with all

applicable laws, regulations and terms of the charter.

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

Section 1716.2-A. Agreements or Contracts with Educational

Management Service Providers.--(a) A board of trustees of a

charter school entity may enter into an agreement or contract

with an educational management service provider to provide

educational design, business services, comprehensive management

or personnel functions or to implement its charter or charters.

The following apply:

(1) The board of trustees of the charter school entity shall

retain ultimate and actual authority for the operation of the

charter school, and the charter school shall be independent of

the educational management service provider.

(2) The educational management service provider may not

provide business services to the charter school entity if it is

also providing other services to the charter school entity under

the agreement or contract unless the board of trustees has

established procedures to ensure that all individual payments to

the educational management service provider are reviewed and

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authorized by an administrator of the charter school entity and

the board of trustees of the charter school entity.

(3) The educational management service provider shall not

provide a loan or other funding to a charter school entity

unless the loan or other funding is an arms-length transaction

that is documented in writing with repayment, term, interest,

termination and other customary provisions.

(4) No employe of a charter school entity may be supervised

by an employe or contractor of the educational management

service provider unless the contract or agreement provides that

the employe may appeal the terms of supervision to the board of

trustees of the charter school entity.

(5) The educational management service provider shall not

lease property to the charter school entity.

(6) Each service provided by the educational management

service provider and the cost for the service must be separately

identified in the charter school entity's agreement or contract

with the educational management service provider and in the

associated invoice or billing statement, or the equivalent.

(7) Each service provided by the educational management

service provider must be severable so that the board of trustees

of the charter school entity may terminate or make revisions to

one service without termination or revision by the educational

management service provider of any other service, except by

express agreement of the board of trustees of the charter school

entity.

(8) An educational management service provider agreement or

contract must provide that the educational management service

provider may not terminate the agreement or contract without

providing at least one (1) year's notice to the charter school

20210HB0272PN0662 - 20 -

entity. The agreement or contract shall provide that the

educational management service provider may terminate the

agreement or contract earlier only if expressly agreed to by the

board of trustees of the charter school entity following the

educational management service provider's notice of intent to

terminate the agreement or contract.

(9) The charter school entity shall be permitted to

terminate the agreement or contract with no more than thirty

(30) days' notice.

(10) If a charter school entity applicant has entered into

an agreement or contract before applying for or receiving a

charter, the charter school entity's application must include

evidence that the board of trustees has reviewed each service to

be provided and determined, through competitive bidding or at

least three quotes for professional services, that each service

to be provided by the educational management service provider is

provided at fair market value.

(11) The agreement or contract shall terminate upon closure

of the charter school entity unless the board of trustees of the

charter school entity and the educational management service

provider agree in writing that the educational service provider

will provide services related to the dissolution of the charter

school entity.

(12) The educational management service provider shall not

charge a percentage or contingency fee for services.

(13) Any employe or contractor assigned to the charter

school entity by the educational management service provider

must be individually identified, along with the employe's or

contractor's job functions, in the agreement or contract and in

any invoice or billing statement, or the equivalent.

20210HB0272PN0662 - 21 -

(14) The educational management service provider shall

provide to the board of trustees of the charter school entity,

upon request, a copy of any record relating to the services

provided under the agreement or contract.

(b) Any educational management service provider that

provides any service to a charter school entity:

(1) Is a local agency for the purpose of the act of February

14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(2) Shall maintain a publicly accessible Internet website

detailing the salaries and other compensation and titles of its

employes, officers and directors.

that provides any service to a charter school entity are public

employes for purpose of 65 Pa.C.S. Ch. 11 (relating to ethics

standards and financial disclosure).

Section 10. Sections 1717-A, 1718-A, 1719-A and 1720-A of

the act are amended to read:

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

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

teachers who will teach at the proposed charter school; parents

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

nonsectarian college, university or museum located in this

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

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

unincorporated associations); any corporation, association or

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

established by creating a new school or by converting an

existing public school or a portion of an existing public

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

no charter shall be granted to any sectarian school, institution

20210HB0272PN0662 - 22 -

or other entity. No funds allocated or disbursed under this

article shall be used to directly support instruction pursuant

to section 1327.1.

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

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

initiated by any individual or entity authorized to establish a

charter school under subsection (a).

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

charter school, the applicants must show that:

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

public school have signed a petition in support of the public

school becoming a charter school; and

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

of pupils attending that public school have signed a petition in

support of the school becoming a charter school.

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

the board of trustees of an existing school which is converted

to a charter school pursuant to this subsection.

submitted to the local board of school directors of the district

where the charter school will be located by [November 15]

October 1 of the school year preceding the school year in which

the charter school will be established except that for a charter

school beginning in the 1997-1998 school year, an application

must be received by July 15, 1997. In the 1997-1998 school year

only, applications shall be limited to recipients of fiscal year

1996-1997 Department of Education charter school planning

grants.

(d) Within forty-five (45) days of receipt of an

application, the local board of school directors in which the

20210HB0272PN0662 - 23 -

proposed charter school is to be located shall hold at least one

public hearing on the provisions of the charter application,

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

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

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

public hearing and the final decision of the board on the

charter application [except that for a charter school beginning

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

transpire between the first public hearing and the final

decision of the board.].

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

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.

20210HB0272PN0662 - 24 -

(iv) The extent to which the charter school may serve as a

model for other public schools.

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

existing school being converted to a charter school, shall

establish the alternative arrangements for current students who

choose not to attend the charter school.

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

local board of school directors of a school district upon

affirmative vote by a majority of all the directors. Formal

action approving or denying the application shall be taken by

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

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] 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

20210HB0272PN0662 - 25 -

application by the board. For a revised application resubmitted

for the 1997-1998 school year, the board shall consider the

application at the first board meeting occurring at least thirty

(30) days after its receipt. The board shall provide notice of

consideration of the revised application under [the "Sunshine

Act." No appeal from a decision of a local school board may be

taken until July 1, 1999] 65 Pa.C.S. Ch. 7.

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

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

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

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

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

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

provide notice of the appeal to the local board of directors and

may allow the local board of directors to be heard on the

application. If the local board of directors fails to respond

within ten (10) days, the appeal board shall review the

application and make a decision to grant or deny a charter based

on the criteria established in subsection (e)(2).

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

application], a charter that is revoked or is not renewed, the

appeal board shall [make its decision based on the criteria

established in subsection (e)(2).] determine whether the

decision to revoke or not renew the charter by the local board

of directors was arbitrary and capricious. If the appeal board

finds that the decision was arbitrary and capricious, the appeal

board shall rev erse the decision of the local board of

directors. A decision by the appeal board under this subsection

or subsection (g) to grant, to renew or not to revoke a charter

shall serve as a requirement for the local board of directors of

20210HB0272PN0662 - 26 -

a school district or school districts, as appropriate, to sign

the written charter of the charter school as provided for in

section 1720-A. Should the local board of directors fail to

grant the application and sign the charter within ten (10) days

of notice of reversal of the decision of the local board of

directors, the charter shall be deemed to be approved and shall

be signed by the [chairman] chairperson of the appeal board.

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

an appeal by a charter school applicant, or by the board of

trustees of an existing charter school, of a decision made by a

local board of directors not to grant a charter as provided in

this section.

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

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

directors, the applicant must obtain the signatures of at least

two per centum of the residents of the school district or of one

thousand (1,000) residents, whichever is less, who are over

eighteen (18) years of age. For a regional charter school, the

applicant must obtain the signatures of at least two per centum

of the residents of each school district granting the charter or

of one thousand (1,000) residents from each of the school

districts granting the charter, whichever is less, who are over

eighteen (18) years of age. The signatures shall be obtained

within sixty (60) days of the denial of the application by the

local board of directors in accordance with clause (3).

(3) Each person signing a petition to appeal denial of a

charter under clause (2) shall declare that he or she is a

resident of the school district which denied the charter

application and shall include his or her printed name;

signature; address, including city, borough or township, with

20210HB0272PN0662 - 27 -

street and number, if any; and the date of signing. All pages

shall be bound together. Additional pages of the petition shall

be numbered consecutively. There shall be appended to the

petition a statement that the local board of directors rejected

the petition for a charter school, the names of all applicants

for the charter, the date of denial by the board and the

proposed location of the charter school. No resident may sign

more than one petition relating to the charter school

application within the sixty (60) days following denial of the

application. The department shall develop a form to be used to

petition for an appeal.

(4) Each petition shall have appended thereto the affidavit

of some person, not necessarily a signer, setting forth all of

the following:

(i) That the affiant is a resident of the school district

referred to in the petition.

(ii) The affiant's residence, giving city, borough or

township, with street and number, if any.

(iii) That the signers signed with full knowledge of the

purpose of the petition.

(iv) That the signers' respective residences are correctly

stated in the petition.

(v) That the signers all reside in the school district.

(vi) That each signer signed on the date set forth opposite

the signer's name.

(vii) That to the best of the affiant's knowledge and

belief, the signers are residents of the school district.

(5) If the required number of signatures are obtained within

sixty (60) days of the denial of the application, the applicant

may present the petition to the court of common pleas of the

20210HB0272PN0662 - 28 -

county in which the charter school would be situated. The court

shall hold a hearing only on the sufficiency of the petition.

The applicant and local board of school directors shall be given

seven (7) days' notice of the hearing. The court shall issue a

decree establishing the sufficiency or insufficiency of the

petition. If the petition is sufficient, the decree shall be

transmitted to the State Charter School Appeal Board for review

in accordance with this section. Notification of the decree

shall be given to the applicant and the local board of

directors.

(6) In any appeal, the decision made by the local board of

directors shall be reviewed by the appeal board on the record as

certified by the local board of directors. The appeal board

shall [give due consideration to the findings of the local board

of directors] determine whether the decision of the local board

of directors was arbitrary and capricious and specifically

articulate its reasons for [agreeing or disagreeing with those]

its findings in [its] a written decision. The appeal board shall

have the discretion to allow the local board of directors and

the charter school applicant to supplement the record if the

supplemental information was previously unavailable.

(7) Not later than thirty (30) days after the date of notice

of the acceptance of the appeal, the appeal board shall meet to

officially review the certified record.

(8) Not later than sixty (60) days following the review

conducted pursuant to clause (6), the appeal board shall issue a

written decision affirming or denying the appeal. If the appeal

board has affirmed the decision of the local board of directors,

notice shall be provided to both parties.

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

20210HB0272PN0662 - 29 -

of the local board of directors shall serve as a requirement for

the local board of directors of a school district or school

districts, as appropriate, to grant the application and sign the

written charter of the charter school as provided for in section

1720-A. Should the local board of directors fail to grant the

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

of the reversal of the decision of the local board of directors,

the charter shall be deemed to be approved and shall be signed

by the [chairman] chairperson of the appeal board.

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

appellate review by the Commonwealth Court.

Section 1718-A. Regional Charter School.--(a) A regional

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

teachers who will teach at the proposed charter school; parents

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

nonsectarian college, university or museum located in this

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

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

unincorporated associations); any corporation, association or

partnership; or any combination thereof. A regional charter

school may be established by creating a new school or by

converting an existing public school or a portion of an existing

public school. Conversion of an existing public school to a

regional charter school shall be accomplished in accordance with

section 1714-A(b). No regional charter school shall be

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

sectarian school, institution or other entity.

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

districts may act jointly to receive and consider an application

for a regional charter school, except that any action to approve

20210HB0272PN0662 - 30 -

an application for a charter or to sign a written charter of an

applicant shall require an affirmative vote of a majority of all

the directors of each of the school districts involved. The

applicant shall apply for a charter to the board of directors of

any school district in which the charter school will be located.

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

school directors of a school district and the appeal board shall

apply to regional charter schools, except as provided in

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

article.

Section 1719-A. Contents of Application.--[An application]

(a) The department shall create and publish a model application

form, in paper and electronic formats, that an applicant seeking

to establish a charter school shall, at a minimum, complete as

part of its application. The forms shall be published in the

Pennsylvania Bulletin and posted on the department's publicly

accessible Internet website. The forms shall include all of the

following information:

(1) The identification of the charter applicant.

(2) The name of the proposed charter school.

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

(4) The proposed governance structure of the charter school,

including a description and method for the appointment or

[election] selection of members of the board of trustees[.]; a

copy of the articles of incorporation filed with the Department

of State; a copy of the by-laws, operating agreement or

equivalent document adopted by the applicant for the general

governance of the charter school; and an organization chart

clearly presenting the proposed governance structure of the

20210HB0272PN0662 - 31 -

charter school, including lines of authority and reporting

between the board of trustees, administrators, staff and any

educational management service provider that will provide

services to the charter school.

(4.1) A description of the roles and responsibilities of the

board of trustees, administrators and any other entities,

including a charter school foundation and any educational

management service provider that will provide educational

management services to the charter school, shown in the

organization chart.

(4.2) Standards for board of trustees' performance,

including compliance with all applicable laws, regulations and

terms of the charter.

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

an educational management service provider for services, the

charter school entity shall provide all of the following:

(i) Evidence of the educational management service

provider's record, including its record in the schools where the

provider provides or has provided services, in serving student

populations, including demonstrated academic achievement and

growth and demonstrated management of nonacademic school

functions, including proficiency with public school-based

accounting, if applicable.

(ii) The complete proposed contract or agreement between the

charter school and the educational management service provider

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 or

agreement.

20210HB0272PN0662 - 32 -

charter 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 time lines.

(F) The compensation structure, including clear

identification of all fees to be paid to the educational

management service provider.

(G) Methods of oversight and enforcement of the contract or

agreement.

(H) Investment disclosure or the advance of any monies by

the educational management service provider on behalf of the

charter school entity with clear repayment terms.

(I) Conditions for renewal and termination of the contract

or agreement.

(iii) Disclosure and explanation of any existing or

potential conflicts of interest between the members of the board

of trustees of the charter school or members of the board of

trustees or directors of the charter school foundation and the

proposed educational management service provider or any

affiliated 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,

the curriculum to be offered and the methods of assessing

whether students are meeting educational goals, including any

performance targets outlined in the charter.

(6) The admission and enrollment policy [and], including

criteria for evaluating the admission of students which shall

20210HB0272PN0662 - 33 -

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 planning process.

(9) The financial plan for the charter school, including

annual budgets for the first three (3) years of operation of the

charter school, 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. The

annual budgets required under this clause shall be prepared on a

uniform form made available by the department, which shall

require that the applicant provide no more information than that

provided by school districts pursuant to section 687.

(9.1) A description of funds available to the charter school

for planning and operation prior to receipt of funds pursuant to

section 1725-A or 1725.1-A.

(10) Procedures which shall be established to review

complaints of parents and guardians regarding the operation of

the charter school.

(11) A description [of] and address of the physical facility

in which the charter school will be located [and the ownership

thereof and any lease arrangements.], including information

related to the facility, its size, location, amenities,

ownership, availability for lease or purchase, projected

improvements and financing.

(12) Information on the proposed school calendar for the

charter school, including the length of the school day and

school year consistent with the provisions of section 1502.

20210HB0272PN0662 - 34 -

(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.

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

developed with the local school district regarding participation

of the charter [school] school's 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 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 does not provide the same extracurricular activity. The

school district of residence may charge the charter school

entity a reasonable amount for a charter school student's

participation in the school district's extracurricular activity,

which amount shall not exceed the actual cost incurre d by the

school district for participation by its students in the

activity. The charter school student shall not be required to

pay any costs not also paid by a student enrolled in the school

district for participation in the 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 each member of the board of trustees

of the charter school, each administrator and 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

20210HB0272PN0662 - 35 -

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 each member

of the board of trustees of the charter school, each

administrator and all individuals identified in the application

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

satisfying the proper official clearance statement regarding

child injury or abuse required for all other staff .

[(17) How the charter school will provide adequate liability

and other appropriate insurance for the charter school, its

employes and the board of trustees of the charter school.]

(18) Documentation that a charter school entity possesses

and maintains adequate and appropriate insurance, bond or other

security for the charter school entity and the charter school's

board of trustees and employes to prevent a charter school's

outstanding liabilities and obligations from being imposed upon

school entities or the Commonwealth, or otherwise affect the

rights, benefits or remedies available to the students, parents

or employes of a charter school. The department shall promulgate

final-omitted regulations setting forth minimum security

requirements sufficient to guarantee payment of the charter

school entity's liabilities in accordance with this article.

(19) Policies regarding truancy, absences and withdrawal of

students, including the manner in which the charter school

entity will monitor and enforce attendance consistent with

section 1715-A(9).

(20) Whether or not the charter school entity will seek

accreditation by a nationally recognized accreditation agency,

including the Middle States Association of Colleges and Schools

20210HB0272PN0662 - 36 -

or another regional institutional accrediting agency recognized

by the United States Department of Education or an equivalent

Federally recognized body for charter school education.

(21) Documentation that the principal and special education

teachers will be properly certified educators and evidence to

demonstrate the charter school's plan to ensure that other

professional staff are properly certified, including any plans

to contract with other public school entities for services of

professional staff for specialized courses that are not part of

the regular course offerings of the charter school.

(22) A dissolution plan and policy for the charter school

that, at a minimum, specifies all of the following:

(i) the procedures for identifying and designating a

dissolution manager to handle and oversee the dissolution of the

charter school;

(ii) a process for identifying and paying off the

liabilities and debts of the charter school and establishing an

escrow account to handle any future liabilities;

(iii) provisions for a final financial audit of the charter

school;

(iv) plans to provide student records to the school district

of residence;

(v) plans to maintain business records and employe records

of the charter school in an accessible location; and

(vi) plans to complete the dissolution of the charter

school.

(23) For applicants currently operating or managing charter

school entities in this Commonwealth or other states,

information about the academic performance, accepted standards

of fiscal management and audit requirements and governance and

20210HB0272PN0662 - 37 -

operations of the operating charter school entities for the

three most recent school years for which information is

available as well as academic performance, accepted standards of

fiscal management and audit requirements and governance and

operations for any closed charter school entities that the

applicant had operated or managed in this Commonwealth or

another state.

(b) The department shall create and publish a model renewal

application form, in paper and electronic formats, that a

charter school seeking renewal of its charter shall, at a

minimum, complete as part of its renewal application. The form

shall be published in the Pennsylvania Bulletin and posted on

the department's publicly accessible Internet website. The form

shall include information from subsection (a), as applicable.

renewal application forms at least every three years and revise

the application forms as needed.

(d) Nothing in this section shall prevent an authorizer from

requiring or evaluating additional information as permitted by

this act.

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

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

written charter shall be developed which shall contain the

provisions of the charter application, the terms and conditions

agreed to by the parties, including the maximum authorized grade

and enrollment provisions, 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]

chairperson of the appeal board pursuant to section 1717-A(i)(5)

20210HB0272PN0662 - 38 -

and the board of trustees of the 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,

and the charter school's board of trustees, shall act as legal

authorization for the establishment of a charter school. This

written charter shall be legally binding on both the local board

of school directors of a school district and the charter

school's board of trustees. Except as otherwise provided in

[subsection (b)] subsections (b) and (c), 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. A charter will be granted

only for a school organized as a public, nonprofit corporation.

(b) (1) Notwithstanding subsection (a), a governing board

of a school district [of the first class] may renew a charter

for a period of at least one (1) year, but less than five years,

if the board of school directors determines that:

(i) there is insufficient data concerning the charter

school's:

(A) academic performance to adequately assess that

performance [determines that an], including any performance

targets as outlined in the charter;

(B) governance and operations; and

requirements; and

(ii) 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.

20210HB0272PN0662 - 39 -

(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 of at least one (1) year but

less than five (5) years.

a charter may be renewed for a period of ten (10) years if the

local board of school directors determines that the charter

school primarily serves students residing in a specific

geographic area or a defined at-risk student population, which

shall be described in the written charter. The decision of the

local board of school directors to deny a ten (10) year charter

under this subsection may not be appealed.

Section 11. The act is amended by adding a section to read:

Section 1720.1-A. Charter Amendments.--(a) Except in cases

of requests for expedited consideration of a charter amendment

request as provided in subsection (h), a charter school desiring

to amend a material term of its charter shall first submit a

written proposal outlining the proposed amendment to the

authorizer. Within sixty (60) days of submission of the written

proposal, and at least ten (10) days before November 1 of the

school year preceding the school year in which the charter

school proposes to operate pursuant to the proposed amendment,

the authorizer shall provide a written response to the charter

school identifying the form and scope of the information

necessary for review of the amendment request. At a minimum, the

scope of information to be submitted shall include all that

information required when submitting a new charter application

20210HB0272PN0662 - 40 -

as specifically relevant to the component of the charter that

the school seeks to amend.

(b) A charter school shall submit a request for an amendment

to its charter in the form and containing the information

identified by the authorizer or the department under subsection

(a) no later than November 1 of the school year preceding the

school year in which the charter school proposes to operate

pursuant to the proposed amendment.

amendment request pursuant to the criteria in section 1717-A(e)

(2) and any criteria set forth in a policy adopted by the

authorizer.

(d) Within sixty (60) days of receipt by the authorizer of a

charter school's charter amendment request, the authorizer shall

publish a public notice of the requested amendment and accept

the submission of public comments for at least thirty (30)

days. In addition to publishing a public notice, the authorizer

shall hold a public hearing on the provisions of the charter

amendment request under 65 Pa.C.S. Ch. 7 (relating to open

meetings).

(e) Within one-hundred and eighty (180) days of the receipt

by the authorizer of the charter amendment request, the

authorizer shall grant or deny the request. Written notice of

the authorizer's action shall be sent to the charter school and

the department.

(f) If the amendment request is granted, the charter

school's written charter shall be supplemented or amended, as

appropriate, to contain the provisions of the amendment request,

and the amended charter shall be signed by the authorizer and

each member of the charter school's board of trustees. The

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amended charter, when duly signed, acts as legal authorization

of the operation of the charter school in accordance with the

amended charter. The amended charter is legally binding on the

authorizer and the charter school and its board of trustees. The

amended charter shall be effective for the remainder of the term

of the charter.

(g) If the amendment request is denied, the reasons for the

denial, including a description of deficiencies in the amendment

request, shall be clearly stated in the written notice sent by

the authorizer to the charter school. The denial of an amendment

pursuant to this section may not be appealed. The decision to

deny the request shall not preclude the charter school from

revising and resubmitting a request for a charter amendment in

the future in accordance with the procedures specified in this

section to address any deficiencies in the previous request as

identified by the authorizer in its written notice denying the

amendment request.

(h) (1) In the event of an emergency as defined in section

1703-A, a charter school may submit an expedited amendment

request to the authorizer that includes:

(i) a statement that the charter school is seeking expedited

review of a charter amendment request;

(ii) a written proposal outlining the amendment request; and

(iii) the reasons justifying the request for an expedited

review.

(2) The authorizer shall provide a written response to the

request for an expedited review that confirms whether an

expedited review will be conducted and, if so, the information

that must be submitted by the charter school for the

authorizer's review of the request. If the authorizer does not

20210HB0272PN0662 - 42 -

agree that an expedited review is necessary, the charter school

shall submit its request pursuant to the procedures outlined in

subsection (a). The determination to not grant an expedited

review of the proposed charter amendment request shall not be

appealable.

Section 12. Sections 1721-A, 1722-A, 1723-A, 1724-A and

1725-A of the act are amended to read:

Section 1721-A. State Charter School Appeal Board.--(a) The

State Charter School Appeal Board shall consist of the Secretary

of Education and six (6) members who shall be appointed by the

Governor by and with the consent of a majority of all the

members of the Senate. Appointments by the Governor shall not

occur prior to January 1, 1999. The Governor shall select the

[chairman] chairperson of the appeal board to serve at the

pleasure of the Governor. The members shall include:

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

(2) A school board member.

(3) A certified teacher actively employed in a public

school.

(4) A faculty member or administrative employe of an

institution of higher education.

(5) A member of the business community.

(6) A member of the State Board of Education.

The term of office of members of the appeal board, other than

the secretary, shall be for a period of four (4) years or until

a successor is appointed and qualified, except that, of the

initial appointees, the Governor shall designate two (2) members

to serve terms of two (2) years, two (2) members to serve terms

of three (3) years and two (2) members to serve terms of four

(4) years. Any appointment to fill any vacancy shall be for the

20210HB0272PN0662 - 43 -

period of the unexpired term or until a successor is appointed

and qualified.

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

purposes provided in this subsection. A majority of the members

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

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

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

authorized to establish rules for its operation.

Members who are not employes of State government shall be

reimbursed for reasonable expenses incurred in the course of

their official duties from funds appropriated for the general

government operations of the department.

(d) The department shall provide assistance and staffing for

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

Counsel, shall provide such legal advice and assistance as the

appeal board may require.

(e) Meetings of the appeal board shall be conducted under

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

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

Documents of the appeal board shall be subject to the [act of

June 21, 1957 (P.L.390, No.212), referred to as the Right-to-

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

"Right-to-Know Law."

(f) If the appeal board determines that a party to an appeal

under sections 1717-A(h) or (i), 1729-A(d), 1729.2-A(f) or 1746-

A has engaged in arbitrary, dilatory, obdurate or vexatious

conduct with respect to any application, revocation or renewal

decision, the appeal board is authorized to impose against the

party the costs incurred by the appeal board, the department and

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the Office of General Counsel in hearing the appeal and may also

impose reasonable counsel fees and other taxable costs against

the party and in favor of the appropriate prevailing party in

the appeal.

Section 1722-A. Facilities.--(a) A charter school may be

located in an existing public school building, in a part of an

existing public school building, in space provided on a

privately owned site, in a public building or in any other

suitable location.

(b) The charter school facility shall be exempt from public

school facility regulations except those pertaining to the

health or safety of the pupils.

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

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

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

location.

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

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

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

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

associated nonprofit foundation, or owned by a nonprofit

corporation or nonprofit foundation and leased to a charter

school[, cyber charter school] entity or associated nonprofit

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

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

public school, recreation or any other purposes provided for by

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

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

payments in lieu of taxes established through agreement with the

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

20210HB0272PN0662 - 45 -

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

other municipal improvements, Provided, That any charter school

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

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

municipal improvement in a street on which its school property

abuts or may contribute a sum toward the cost of the

improvement.

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

charter school] entity or associated nonprofit foundation with

the Commonwealth or a local taxing authority for payments in

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

void.

(3) This subsection shall apply retroactively to all charter

[schools, cyber charter schools] school entities and associated

nonprofit foundations that filed an appeal from an assessment,

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

prior to the effective date of this subsection.

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

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

borough, incorporated town, township or school district.

Section 1723-A. [Enrollment] Admission and Enrollment

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

Commonwealth who submit a completed enrollment form qualify for

admission to a charter school within the provisions of

subsection (b). If more students apply to the 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] through a public lottery conducted under 65 Pa.C.S.

Ch. 7 (relating to open meetings). The lottery from a pool shall

be comprised of eligible applicants meeting the established

20210HB0272PN0662 - 46 -

eligibility criteria and submitting an application by the

deadline established by the charter school, except that the

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 to siblings of students presently enrolled in

the charter school or selected for enrollment during the public

lottery. 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

chartered.

(2) After a lottery has been conducted, the charter school

shall place the names of eligible applicants who did not receive

a seat on an ordered waiting list following the charter school's

initial selection of eligible applicants under paragraph (1).

(3) A charter school shall enroll eligible applicants by

taking the next eligible student from the waiting list for an

open space in a particular grade. 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 shall follow the preferences for students as provided

under paragraph (1) until the charter school again reaches its

maximum authorized enrollment of students under the terms of the

charter school's charter.

(4) If a charter school has a waiting list, once the 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.

(b) (1) A charter school shall not discriminate in its

admission policies or practices on the basis of intellectual

20210HB0272PN0662 - 47 -

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

other basis that would be illegal if used by a school district.

(2) A charter school may limit admission 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.

may enroll nonresident students on a space-available basis, and

the student's district of residence shall permit the student to

attend the charter school. The terms and conditions of the

enrollment shall be outlined in the school's charter.

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

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

limited by any past or future action of a [board of school

directors, a board of control established under Article XVII-B,

a special board of control established under section 692 or any

other governing authority] local board of school directors,

unless agreed to by the charter school [or cyber charter school]

as part of a written charter pursuant to section 1720-A.

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

charter school [or cyber charter school] regardless of whether

the charter was approved prior to or is approved subsequent to

the effective date of this subsection.

(e) (1) A school district's obligation to make payments for

students enrolled in a charter school entity shall be governed

by section 1725-A or 1725.1-A or, in the case of students who

20210HB0272PN0662 - 48 -

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.

(2) Notwithstanding the requirements of clause (1), 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 or full-day kindergarten program if the

school district has exercised its discretion to not offer these

programs in its own schools.

(f) (1) The department 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. The

standard enrollment form shall only request information

necessary to allow the charter school to identify the student,

grade level and residency, including:

(i) The student's name, address of residence, resident

school district, telephone number, age, birth date and current

grade level.

(ii) The name, address of residence and telephone number or

e-mail address of the student's parent or guardian.

(iii) The date the student will be enrolled.

(iv) A space for the charter school to include the name of

the charter school and the name, telephone number and e-mail

address of a contact person at the charter school.

(v) The signature of the parent or guardian and an

authorized representative of the charter school.

(2) The standard enrollment form shall be made physically

available at each charter school, in a form that complies with

Federal and State law, and posted on the publicly accessible

20210HB0272PN0662 - 49 -

Internet website of each charter school entity, if one is

maintained. A charter school may accept the enrollment form via

paper or electronic means.

(3) A charter school shall maintain and make available in

paper and electronic format the enrollment forms developed by

the department under this subsection in the languages spoken by

two per centum or more individuals in the county in which any of

its facilities is located. The charter school shall ensure that

the forms are translated by a service approved by the

department.

(4) A charter school shall not require or request

information beyond the contents of the standard enrollment form

developed by the department, provided that the charter school

may request information from a student to establish preference

in enrollment to a child of a parent who has actively

participated in the development of the charter school and to

siblings of students presently enrolled in the charter school or

selected for enrollment during the lottery process if the

preference is included as part of the charter school's

enrollment procedures.

(5) Nothing in this section shall be construed to prohibit a

charter school from:

(i) 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; and

(ii) participating in a city-wide or school district-wide

charter application process with the approval of the authorizer

of the charter school.

(g) As used in this section, "eligible applicant" shall mean

20210HB0272PN0662 - 50 -

a student who is seeking to enter a grade level offered by the

charter school entity and satisfies student residency

requirements.

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

a charter school entity shall determine the level of

compensation and all terms and conditions of employment of the

staff except as may otherwise be provided in this article. At

least seventy-five per centum of the professional staff members

of a charter school entity shall hold appropriate State

certification. Employes of a charter school entity may organize

under the act of July 23, 1970 (P.L.563, No.195), known as the

"Public Employe Relations Act." The board of trustees of a

charter school entity shall be considered an employer for the

purposes of Article XI-A. Upon formation of one or more

collective bargaining units at the school, the board of trustees

shall bargain with the employes based on the provisions of this

article, Article XI-A and the "Public Employe Relations Act."

Collective bargaining units at a charter school entity shall be

separate from any collective bargaining unit of the school

district in which the charter school entity is located and shall

be separate from any other collective bargaining unit. A charter

school entity shall be considered a school entity as provided

for in section 1161-A for the purpose of the secretary seeking

an injunction requiring the charter school entity to meet the

minimum requirements for instruction as provided for in this

article.

(b) Each charter application shall list the general

qualifications needed to staff any noncertified positions.

Professional employes who do not hold appropriate Pennsylvania

certification must present evidence that they:

20210HB0272PN0662 - 51 -

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

(ii) Have demonstrated satisfactorily a combination of

experience, achievement and qualifications as defined in the

charter school application in basic skills, general knowledge,

professional knowledge and practice and subject matter knowledge

in the subject area where an individual will teach.

enrolled in the Public School Employees' Retirement System in

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

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

application for the charter school entity the sponsoring

district or the board of trustees of the charter school entity

has a retirement program which covers the employes or the

employe is currently enrolled in another retirement program. The

charter school entity shall be considered a public school as

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

make quarterly payments by employers to the Public School

Employees' Retirement System and monthly payments on account of

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

to retirement for school employees). Except as otherwise

provided, employes of a charter school entity shall make regular

member contributions as required for active members under 24

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

participate in another retirement plan, then those employes

shall have no concurrent claim on the benefits provided to

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

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

article shall be construed to require the Commonwealth to make

payments to charter [schools] school entities or contributions

on behalf of charter school entity employes from appropriated

20210HB0272PN0662 - 52 -

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

contributions by the Commonwealth) and 8535 (relating to

payments to school entities by Commonwealth) on account of

charter school entity employes enrolled in the Public School

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

to payments on account of social security deductions from

appropriations) on account of Social Security payments made by a

charter school entity.

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

provided the same health care benefits as the employe would be

provided if he or she were an employe of the local district. The

local board of school directors may require the charter school

to provide the same terms and conditions with regard to health

insurance as the collective bargaining agreement of the school

district to include employe contributions to the district's

health benefits plan. The charter school entity shall make any

required employer's contribution to the district's health plan

to an insurer, a local board of school directors or a

contractual representative of school employes, whichever is

appropriate to provide the required coverage.

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

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

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

regional charter school in which the employing school district

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

withheld.

(f) Temporary professional employes on leave from a school

district may accrue tenure in the non-charter public school

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

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

20210HB0272PN0662 - 53 -

be employed by that district. Professional employes on leave

from a school district shall retain their tenure rights, as

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

came. No temporary professional employe or professional employe

shall have tenure rights as against a charter school. Both

temporary professional employes and professional employes shall

continue to accrue seniority in the school entity from which

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

ends.

(g) Professional employes who hold a first level teaching

[or administrative certificate may, at their option,]

certificate shall have the time completed in satisfactory

service in a charter school entity applied to the length of

service requirements for the next level of certification.

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

employe who leaves employment at a charter school entity shall

have the right to return to a comparable position for which the

person is properly certified in the school entity which granted

the leave of absence. In the case where a teacher has been

dismissed by the charter school, the school entity which granted

the leave of absence is to be provided by the charter school

with the reasons for such dismissal at the time it occurs, a

list of any witnesses who were relied on by the charter school

in moving for dismissal, a description of and access to any

physical evidence used by the charter school in moving for

dismissal and a copy of any record developed at any dismissal

proceeding conducted by the charter school. The record of any

such hearing may be admissible in a hearing before the school

entity which granted the leave of absence. Nothing in this

section shall affect the authority of the board of school

20210HB0272PN0662 - 54 -

directors to initiate proceedings under Article XI if the board

determines that occurrences at the charter school leading to

dismissal of a teacher constitute adequate and independent

grounds for discipline under section 1122.

(2) No temporary employe or professional employe who is

leaving employment at a charter school entity shall be returned

to a position in the public school district which granted his

leave of absence until such public school district is in receipt

of a current criminal history record under section 111 and the

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)] Subch. C (relating

to powers and duties of department).

(i) All individuals who shall have direct contact with

students shall be required to submit a report of criminal

history record information as provided for in section 111 prior

to accepting a position with the charter school entity. This

subsection shall also apply to any individual who volunteers to

work on a full-time or part-time basis at the charter school

entity.

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

be required to submit the official clearance statement regarding

child injury or abuse from the Department of [Public Welfare]

Human Services as required by 23 Pa.C.S. Ch. 63 Subch. [C.2]

(C). This section shall also apply to any individual who

volunteers to work on a full-time or part-time basis at a

charter school entity.

(k) Charter school entities shall use the approved rating

tool required by section 1123 and published in 22 Pa. Code Ch.

20210HB0272PN0662 - 55 -

19 (relating to educator effectiveness rating tool) or an

alternative tool approved by the department under section 1123

to evaluate employes serving as principals or school leaders,

classroom teachers and nonteaching professionals.

(l) As used in this section:

"Nonteaching professionals" shall mean education specialists

and employes who provide educational or health or mental health

services other than classroom instruction.

"School leader" shall mean an assistant principal or a vice

principal.

Section 1725-A. Funding for Charter Schools.--(a) Funding

for a charter school shall be provided in the following manner:

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

nonresident student attending a charter school.

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

shall receive for each student enrolled no less than the

[budgeted] total expenditure per average daily membership of the

prior school year, as defined in section 2501(20), calculated

using the school district's annual financial report filed under

section 218, minus the [budgeted] revenues received by a school

district under section 2599.6(a)(2) and expenditures of the

school district of residence for Federal funds; prekindergarten

and early intervention programs or other programs charter

schools are ineligible to provide; payments to charter schools

under this clause; General Fund revenues for tuition from

patrons; and private grants, gifts and donations to the school

district; nonpublic school programs; adult education programs;

community/junior college programs; student transportation

services; [for] special education programs; facilities

acquisition, construction and improvement services; and other

20210HB0272PN0662 - 56 -

financing uses, including debt service and fund transfers as

provided in the Manual of Accounting and Related Financial

Procedures for Pennsylvania School Systems established by the

department. This amount shall be calculated by the department

pursuant to clause (2.1) and paid by the school district of

residence of each student.

(2.1) On or before April 30 of each school year, the

department shall calculate and post on its publicly accessible

Internet website the per-student amounts payable by a student's

school district of residence under clause (2) using the school

district's annual financial report filed under section 218 and

the school district's average daily membership calculated under

section 2501(3) and 22 Pa. Code § 329.3 (relating to

computations), for the prior school year. The department shall

also post on its publicly accessible Internet website each

school district's average daily membership and the data from

each school district's annual financial report as used to

calculate the per-student amounts under this clause. Until the

department calculates and posts the per-student amounts under

this clause, the per-student amounts payable by a student's

school district of residence shall be the per-student amounts

calculated and posted by the department for the previous school

year. The amounts calculated by the department are not subject

to clause (6).

(2.2) The average daily membership used in calculating the

amount due under clause (2) shall not include the average daily

membership of the school district's resident students enrolled

in charter schools.

(3) For special education students, the charter school shall

receive for each student enrolled the same funding as for each

20210HB0272PN0662 - 57 -

non-special education student as provided in clause (2), [plus

an additional amount determined by dividing the district of

residence's total special education expenditure by the product

of multiplying the combined percentage of section 2509.5(k)

times the district of residence's total average daily membership

for the prior school year. This] adjusted by the multiplier for

each category as set forth in section 2509.5 for each special

education student for whom the annual expenditure is in Category

1 as reported to the department under section 1372(8); for each

special education student for whom the annual expenditure is in

Category 2 as reported to the department under section 1372(8);

and for each special education student for whom the annual

expenditure is in Category 3 as reported to the department under

section 1372(8). For purposes of this clause, Category 3 shall

be the sum of students reported in Categories 3A and 3B under

section 1372(8). The per-student amount for each Category 1,

Category 2 and Category 3 student shall be calculated by the

department and posted on its publicly accessible Internet

website and shall be paid by the school district of residence of

each student. The amounts calculated by the department are not

subject to clause (6).

(4) A charter school may request the intermediate unit in

which the charter school is located to provide services to

assist the charter school to address the specific needs of

exceptional students. The intermediate unit shall assist the

charter school and bill the charter school for the services. The

intermediate unit may not charge the charter school more for any

service than it charges the constituent districts of the

intermediate unit.

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

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

month, within the operating school year.] using the most

currently available per-student amounts calculated and posted by

the department pursuant to clauses (2.1) and (3) . All payments

made during an operating school year shall be adjusted using the

most currently available per-student amounts calculated and

posted by the department pursuant to clauses (2.1) and (3). A

student enrolled in a charter school shall be included in the

average daily membership of the student's school district of

residence for the purpose of providing basic education funding

payments and special education funding pursuant to Article XXV.

If a school district fails to make a payment to a charter school

as prescribed in this clause, the secretary shall deduct and pay

the estimated amount, as documented by the charter school on

forms prescribed by the department, from any and all State

payments made to the school district after receipt of

documentation from the charter school. A charter school may only

seek deduction and payment by the secretary under this clause

for estimated amounts owed to the charter school for students

enrolled in the most current school year and due as of the date

the request is submitted to the secretary. The secretary shall

not make a deduction unless the charter school provides the

secretary with documentation demonstrating that the charter

school presented the school district with a request for payment

and that the school district did not make a payment as

prescribed by this clause within thirty (30) days of the receipt

of the information.

(ii) No later than [October 1] December 31 of each year, a

charter school shall submit to the school district of residence

of each student final documentation of payment to be made based

20210HB0272PN0662 - 59 -

on the average daily membership for the nonspecial education

students enrolled in the charter school and the information

reported to the department under section 1372(8) for the special

education students enrolled in the charter school from the

school district for the previous school year[.] and the most

currently available per-student amounts calculated and posted by

the department pursuant to clauses (2.1) and (3). All payments

made during the prior school year shall be adjusted using the

most currently available per-student amounts calculated and

posted by the department pursuant to clauses (2.1) and (3). If a

school district fails to make payment to the charter school, the

secretary shall deduct and pay the amount as documented by the

charter school from any and all State payments made to the

school district after receipt of documentation from the charter

school from the appropriations for the fiscal year in which the

final documentation of payment was submitted to the school

district of residence. The secretary shall not make a deduction

unless the charter school provides the secretary with

documentation demonstrating that the charter school presented

the school district with a request for payment, on or before

December 31, and that the school district did not make a payment

as prescribed by this clause within thirty (30) days of the

receipt of the information. If a charter school does not submit

final documentation of payment to be made to a school district

on or before December 31 as required by this clause, the

secretary shall not deduct funds from State payments to the

school district and shall proceed to adjudicate the charter

school's payment request in a proceeding under the General Rules

of Administrative Practice and Procedure, 1 Pa. Code Part II, or

other applicable regulations promulgated or adopted by the

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department, and deduction and payment may be made by the

department following issuance of a final order from any and all

State payments due to a school district in any school year. All

requests for payment under this clause must be submitted to the

department no later than April 25 of each year. The secretary

shall prioritize payments under this clause before payments

under subclause (i).

(iii) The secretary shall not process a request unless the

student count reflected in any charter school's request is

consistent with terms of the charter agreement signed pursuant

to section 1720-A(a).

(iv) The secretary shall not process a deduction for a

closed charter school.

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

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

the secretary that the deduction made from State payments to the

school district under this subsection is inaccurate. The

secretary shall provide the school district with an opportunity

to be heard concerning whether the charter school documented

that its students were enrolled in the charter school, the

period of time during which each student was enrolled, the

school district of residence of each student and whether the

amounts deducted from the school district were accurate. If the

secretary determines that a school district or charter school

has engaged in arbitrary, dilatory, obdurate or vexatious

conduct with respect to any matter heard under this clause, 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.

20210HB0272PN0662 - 61 -

(7) Notwithstanding any provision of law to the contrary,

the department may initiate disciplinary action before the

Professional Standards and Practices Commission pursuant to the

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

"Educator Discipline Act," against a chief school administrator

of a charter school who intentionally fails to submit the

information required pursuant to section 218, 1372(8) or 2552.1

or who intentionally falsifies a report submitted under section

218, 1372(8) or 2552.1. In addition to any other disciplinary

actions set forth in the "Educator Discipline Act," a chief

school administrator of a charter school who intentionally fails

to submit the information required pursuant to 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. § 4904 (relating to

unsworn falsification to authorities). The following civil

penalties may be imposed by the department for violations of

this clause:

(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); or

(iii) for a third or subsequent violation, no more than five

thousand dollars ($5,000).

Any penalty imposed under this clause shall be paid to the

department.

(b) The Commonwealth shall provide temporary financial

assistance to a school district due to the enrollment of

students in a charter school who attended a nonpublic school in

the prior school year in order to offset the additional costs

20210HB0272PN0662 - 62 -

directly related to the enrollment of those students in a public

charter school. The Commonwealth shall pay the school district

of residence of a student enrolled in a nonpublic school in the

prior school year who is attending a charter school an amount

equal to the school district of residence's basic education

subsidy for the current school year divided by the district's

average daily membership for the prior school year. This payment

shall occur only for the first year of the attendance of the

student in a charter school, starting with school year 1997-

1998. Total payments of temporary financial assistance to school

districts on behalf of a student enrolling in a charter school

who attended a nonpublic school in the prior school year shall

be limited to funds appropriated for this program in a fiscal

year. If the total of the amount needed for all students

enrolled in a nonpublic school in the prior school year who

enroll in a charter school exceeds the appropriation for the

temporary financial assistance program, the amount paid to a

school district for each qualifying student shall be pro rata

reduced. Receipt of funds under this subsection shall not

preclude a school district from applying for a grant under

subsection (c).

temporary transitional funding to a school district due to the

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

at a charter school. The department shall develop criteria which

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

on the budget of the school district resulting from students of

a school district attending a charter school. The criteria shall

be published in the Pennsylvania Bulletin. This subsection shall

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

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

for this purpose.

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

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

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

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

charter school for any of the purposes of this article.

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

or any board of trustees of a charter school or any other person

affiliated in any way with a charter school to demand or

request, directly or indirectly, any gift, donation or

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

any other person affiliated with the charter school as a

condition for employment or enrollment and/or continued

attendance of any pupil. Any donation, gift or contribution

received by a charter school shall be given freely and

voluntarily.

Section 13. The act 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 calculated in the

following manner:

(1) Cyber charter schools may not charge tuition for a

student attending a cyber charter school. Beginning in the 2021-

2022 school year, cyber charter schools shall be paid by a

student's school district of residence using the Statewide Cyber

Charter School Tuition Rate.

(2) For the 2021-2022 and 2022-2023 school years, for non-

special education students, cyber charter schools shall receive

for each student enrolled nine thousand four hundred fifty-seven

dollars and fifty-nine cents ($9,457.59). This amount shall be

20210HB0272PN0662 - 64 -

the Statewide Cyber Charter School Tuition Rate.

(3) Beginning in the 2023-2024 school year and every year

thereafter, the Statewide Cyber Charter School Tuition Rate

shall be calculated using the most recently available annual

financial report filed pursuant to section 218 for the five

highest-performing cyber charter schools identified by the

department pursuant to clauses (4) and (6). For each of the five

highest-performing cyber charter schools, the department shall

calculate the total expenditure per average daily membership, as

defined for school districts in section 2501(20), less the

expenditures for special education programs; expenditures for

operation and maintenance of plant services; expenditures for

facilities acquisition, construction and improvement services;

and expenditures for other expenditures and financing uses, as

provided for in the Manual of Accounting and Related Financial

Procedures for Pennsylvania School Systems established by the

Office of the Budget. The lowest of the five per-student amounts

shall serve as the Statewide Cyber Charter School Tuition Rate

to be paid by the school district of residence of each student.

The per-student amounts calculated by the department are not

subject to subsection (c).

(4) On or before April 30, 2023, and by April 30 each year

thereafter, the department shall calculate and post on its

publicly accessible Internet website the Statewide Cyber Charter

School Tuition Rate payable by a student's school district of

residence under clause (3). The department shall also post on

its publicly accessible Internet website the average daily

membership of and the data from each of the five (5) highest

performing cyber charter schools' annual financial reports used

to calculate the Statewide Cyber Charter School Tuition Rate.

20210HB0272PN0662 - 65 -

Until the department calculates and posts the Statewide Cyber

Charter School Tuition Rate, the per-student amounts payable by

a student's school district of residence shall be the Statewide

Cyber Charter School Tuition Rate for the previous school year.

(5) For each special education student enrolled, cyber

charter schools shall receive the Statewide Cyber Charter School

Tuition Rate adjusted by the multiplier for each category as set

forth in section 2509.5 for each special education student for

whom the annual expenditure is in Category 1 as reported to the

department under section 1372(8); for each special education

student for whom the annual expenditure is in Category 2 as

reported to the department under section 1372(8); and for each

special education student for whom the annual expenditure is in

Category 3 as reported to the department under section 1372(8).

For purposes of this clause, Category 3 shall be the sum of

students reported in Categories 3A and 3B under section 1372(8).

The per-student amount for each Category 1, Category 2 and

Category 3 student shall be calculated by the department and

posted on its publicly accessible Internet website and shall be

paid by the school district of residence of each student. The

per-student amounts calculated by the department are not subject

to subsection (c).

(6) Beginning with the 2023-2024 school year and every three

(3) years thereafter, the department shall identify the five

highest-performing cyber charter schools, as determined by

identification of schools' procedures as required by section

6311(c)(4)(D) of the Elementary and Secondary Education Act of

1965 (Public Law 89-10, 20 U.S.C. § 6311(c)(4)(D)) or its

successor Federal statute.

(b) (1) Payments shall be made to a cyber charter school in

20210HB0272PN0662 - 66 -

monthly payments using the most currently available per-student

amounts calculated and posted by the department pursuant to

subsection (a). All payments made during an operating school

year shall be adjusted using the most currently available per-

student amounts calculated and posted by the department pursuant

to subsection (a). A student enrolled in a cyber charter school

shall be included in the average daily membership of the

student's school district of residence for the purpose of

providing basic education funding payments and special education

funding pursuant to Article XXV. If a school district fails to

make a payment to a cyber charter school as prescribed in this

clause, the secretary shall deduct and pay the estimated amount,

as documented by the cyber charter school on forms prescribed by

the department, from any and all State payments made to the

school district after receipt of documentation from the cyber

charter school. A cyber charter school may only seek deduction

and payment by the secretary under this clause for estimated

amounts owed to the cyber charter school for students enrolled

in the most current school year and due as of the date the

request is submitted to the secretary. The secretary shall not

make a deduction unless the cyber charter school provides the

secretary with documentation demonstrating that the cyber

charter school presented the school district with a request for

payment and that the school district did not make a payment as

prescribed by this clause within thirty (30) days of the receipt

of the information.

(2) No later than December 31 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 non-special education students

20210HB0272PN0662 - 67 -

enrolled in the cyber charter school and the information

reported to the department under section 1372(8) for the special

education students enrolled in the cyber charter school from the

school district for the previous school year and the most

currently available per-student amounts calculated and posted by

the department pursuant to subsection (a). All payments made

during the prior school year shall be adjusted using the most

currently available per-student amounts calculated and posted by

the department pursuant to subsection (a). 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 and all State payments made to the

school 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. The secretary shall not make a

deduction unless the cyber charter school provides the secretary

with documentation demonstrating that the cyber charter school

presented the school district with a request for payment on or

before December 31 and that the school district did not make a

payment as prescribed by this clause within thirty (30) days of

the receipt of the information. If a cyber charter school does

not submit final documentation of payment to be made to a school

district on or before December 31 as required by this clause,

the secretary shall not deduct funds from State payments to the

school district and shall proceed to adjudicate the cyber

charter school's payment request in a proceeding under 1 Pa.

Code Part II (relating to general rules of administrative

practice and procedure), or other applicable regulations

promulgated or adopted by the department, and deduction and

20210HB0272PN0662 - 68 -

payment may be made by the department following issuance of a

final order from any and all State payments made to a school

district in any school year. All requests for payment under this

clause must be submitted to the department no later than April

25 of each year. The secretary shall prioritize payments under

this clause before payments under clause (1).

(3) 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 pursuant

to section 1741-A.

(4) The secretary shall not process a request for a closed

cyber charter school.

deduction described in subsection (b), a school district may

notify the secretary that the deduction made from State payments

to the school district under this subsection is inaccurate. 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, the school district of residence of each student and

whether the amounts deducted from the school district were

accurate. 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.

20210HB0272PN0662 - 69 -

(d) Notwithstanding any provision of law to the contrary,

the department may initiate disciplinary action before the

Professional Standards and Practices Commission pursuant to 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 intentionally fails to submit the

information required pursuant to section 218, 1372(8) or 2552.1

or who intentionally falsifies a report submitted under section

218, 1372(8) or 2552.1. In addition to any other disciplinary

actions set forth in the "Educator Discipline Act," a chief

school administrator of a cyber charter school who intentionally

fails to submit the information required pursuant to section

218, 1372(8) or 2552.1 or who intentionally falsifies a report

submitted under sections 218, 1372(8) or 2552.1 shall be subject

to prosecution for violation of 18 Pa.C.S. § 4904 (relating to

unsworn falsification to authorities). The following civil

penalties may be imposed by the department for violations of

this clause:

(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); or

(iii) for a third or subsequent violation, no more than five

thousand dollars ($5,000).

Any penalty imposed under this clause shall be paid to the

department.

Section 14. Sections 1726-A, 1727-A, 1728-A, 1729.1-A, 1730-

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

Section 1726-A. Transportation.--(a) Students who attend a

charter school located in their school district of residence, a

20210HB0272PN0662 - 70 -

regional charter school of which the school district is a part

or a charter school located outside district boundaries at a

distance not exceeding ten (10) miles by the nearest public

highway shall be provided free transportation to the charter

school by their school district of residence on such dates and

periods that the charter school is in regular session whether or

not transportation is provided on such dates and periods to

students attending schools of the district. Transportation is

not required for elementary students, including kindergarten

students, residing within one and one-half (1.5) miles or for

secondary students residing within two (2) miles of the nearest

public highway from the charter school in which the students are

enrolled unless the road or traffic conditions are such that

walking constitutes a hazard to the safety of the students when

so certified by the Department of Transportation, except that if

the school district provides transportation to the public

schools of the school district for elementary students,

including kindergarten students, residing within one and one-

half (1.5) miles or for secondary students residing within two

(2) miles of the nearest public highway under nonhazardous

conditions, transportation shall also be provided to charter

schools under the same conditions. Districts providing

transportation to a charter school outside the district and, for

the 2007-2008 school year and each school year thereafter,

districts providing transportation to a charter school within

the district shall be eligible for payments under section 2509.3

for each public school student transported.

(a.1) In addition to any other requirements in this section,

school districts of the first class shall provide transportation

to students who attend a charter school if they are the same age

20210HB0272PN0662 - 71 -

or are enrolled in the same grade, grades or their grade

equivalents as any of the students of the school district for

whom transportation is provided under any program or policy to

the schools of the school district.

(b) In the event that the Secretary of Education determines

that a school district is not providing the required

transportation to students to the charter school, the Department

of Education shall pay directly to the charter school funds for

costs incurred in the transportation of its students. Payments

to a charter school shall be determined in the following manner:

for each eligible student transported, the charter school shall

receive a payment equal to the total expenditures for

transportation of the school district divided by the total

number of school students transported by the school district

under any program or policy.

charter school under subsection (b) from any and all payments

made to the district.

(d) A school district of the first class shall submit a copy

of its current transportation policy to the department no later

than August 1 of each year.

Section 1727-A. [Tort] Liability and Security.--(a) For

purposes of tort liability, employes of the charter school

entity shall be considered public employes and the board of

trustees of the charter school entity shall be considered the

public employer in the same manner as political subdivisions and

local agencies. The board of trustees of a charter school entity

and the charter school entity shall be solely liable for any and

all damages of any kind resulting from any legal challenge

involving the operation of a charter school. Notwithstanding

20210HB0272PN0662 - 72 -

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 entity.

(b) (1) A charter school entity shall possess and maintain

adequate and appropriate insurance, bond or other security as

provided under section 1719-A(a)(18). The insurance, bond or

other security shall be continuously maintained and shall

provide coverage during the time a charter school entity is in

operation and for sufficient time following a 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 entity 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; and salary and wage payments due to

employes, employer and employe contributions for the

Pennsylvania School Employees Retirement System and other

retirement programs.

(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 authorizer at the time of initial application

and at the time of submission of the charter renewal

application. The charter school entity shall also provide

20210HB0272PN0662 - 73 -

evidence of the insurance, bond or other security to parents or

guardians or employes of the charter school or to the authorizer

upon request. The charter school entity shall provide written

notice to the local board of school directors and to the

department within thirty (30) days of any change to the

insurance, bond or security.

(5) The department will promulgate final-omitted regulations

setting forth minimum security requirements sufficient to

guaranty payment of the charter school entity's liabilities in

accordance with this chapter.

Section 1728-A. Annual Reports, Public Reporting and

Assessments.--(a) The local board of school directors shall

annually assess whether each charter school is meeting the goals

of its charter and shall conduct a comprehensive review prior to

granting a five (5) year renewal of the charter. The local board

of school directors shall have ongoing access to the records and

facilities of the charter school entity to ensure that the

charter school is in compliance with its charter and this act

and that requirements for testing, civil rights and student

health and safety are being met.

(b) In order to facilitate the local board's review [and

secretary's report] under subsection (a), each charter school

shall submit an annual report no later than August 1 of each

year to the local board of school directors and the secretary in

the form prescribed by the secretary. A copy of the annual

report submitted under this subsection, including all exhibits

and attachments to the report, shall also be maintained at each

facility of the charter school and be made available for public

inspection and copying, and shall be posted on the charter

school's publicly accessible Internet website, if one is

20210HB0272PN0662 - 74 -

maintained.

article, the secretary shall contract with an independent

professional consultant with expertise in public and private

education. The consultant shall receive input from members of

the educational community and the public on the charter school

program. The consultant shall submit a report to the secretary,

the Governor and the General Assembly and an evaluation of the

charter school program, which shall include a recommendation on

the advisability of the continuation, modification, expansion or

termination of the program and any recommendations for changes

in the structure of the program.] Charter schools shall comply

fully with the requirements of the Family Educational Rights and

Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and

associated regulations.

(d) A charter school entity shall form an independent audit

committee of its board of trustees members, which shall review

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

the operations of the charter school. The audit shall be

conducted by a qualified independent certified public

accountant. The audit shall be conducted under generally

accepted audit standards of the Governmental Accounting

Standards Board and shall at a minimum include the following:

(1) An enrollment audit to verify the accuracy of student

enrollment, including the enrollment, withdrawal and residency

of students and the availability of current and signed

individualized educational plans for each special education

student, and the reporting of the enrollment information to the

department, the authorizer and the school district of residence.

(2) Full review of expense reimbursements for board of

20210HB0272PN0662 - 75 -

trustees members and administrators, including sampling of all

reimbursements.

(3) Review of internal controls, including review of

receipts and disbursements.

(4) Review of annual Federal and State tax filings,

including the Internal Revenue Service Form 990, Return of

Organization Exempt from Income Tax and all related schedules

and appendices for the charter school entity, the educational

management service provider and the charter school foundation,

if applicable.

(5) Review of the financial statements of any charter school

foundation.

(6) Review of the selection and acceptance process of all

contracts publicly bid pursuant to section 751.

(7) Review of all board policies and procedures with regard

to internal controls, codes of ethics, conflicts of interest,

whistle-blower protections; complaints from parents, guardians

or the public; compliance with 65 Pa.C.S. Ch. 7 (relating to

open meetings); finances; budgeting; audits; public bidding; and

bonding.

(e) A charter school may be subject to an annual audit by

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

Federal or State law or this act.

(f) (1) A charter school shall annually adopt and provide

the department and the authorizer with a copy of the annual

budget on a form prepared by the department, which shall require

that the charter school provide no more information than that

provided by school districts pursuant to section 687. At the

time of submission of the annual budget form, the charter school

shall submit to the authorizer information concerning:

20210HB0272PN0662 - 76 -

(i) The source of funding for all expenditures.

(ii) Where funding is provided by a charter school

foundation, the amount of funds and a description of the use of

the funds.

(iii) The salaries of all administrators of the charter

school.

(iv) An itemized list of all expenditures to an educational

management service provider.

(2) The charter school shall print or otherwise make

available for public inspection a copy of the proposed annual

budget to all persons, which shall be made available for

duplication to any person, on request, at least twenty (20) days

prior to the date set for the adoption of the final budget. A

copy of the annual budget shall also be posted on the charter

school's publicly accessible Internet website, if one is

maintained. Fees for duplication under this clause by

photocopying, printing from electronic media, copying onto

electronic media, transmission by facsimile or other electronic

means and other means of duplication shall not exceed those that

may be charged under the act of February 14, 2008 (P.L.6, No.3),

known as the "Right-to-Know Law."

(3) On the date of adoption of the proposed budget required

under this subsection, the president or chair of the charter

school's board of trustees shall certify to the department that

the proposed budget has been prepared, presented and made

available for public inspection using the uniform form prepared

and furnished by the department. The certification shall be in a

form and manner as required by the department. Final action

shall not be taken on any proposed budget that has not been

prepared, presented and made available for public inspection

20210HB0272PN0662 - 77 -

using the uniform form prepared and furnished by the department.

(4) The annual budget adopted and submitted under this

subsection shall not exceed the amount of funds available to the

charter school.

(g) Notwithstanding any other provision of law, a charter

school and any affiliated charter school foundation shall make

copies of the following available upon request and on the

charter school's or charter school foundation's publicly

accessible Internet website, if one is maintained:

(1) Annual budgets for the charter school, as provided for

in subsection (f), and charter school foundation for the

previous five (5) school years.

(2) Annual Federal and State tax filings, including Internal

Revenue Service Form 990, Return of Organization Exempt from

Income Tax and all related schedules and appendices for the

charter school and charter school foundation for the previous

five (5) school years.

(3) Certified audits under subsection (e) and any Federal

and State audits for the charter school and charter school

foundation for the previous five (5) school years.

(4) Annual reports filed by the charter school under

subsection (b) for the previous five (5) school years.

(5) Annual financial reports filed by the charter school

under section 218 for the previous five (5) school years.

Section 1729-A. Causes for Nonrenewal, Revocation or

Termination.--(a) During the term of the charter or at the end

of the term of the charter, the local board of school directors

may choose to revoke or not to renew the charter based on any of

the following:

(1) One or more material violations of any of the

20210HB0272PN0662 - 78 -

conditions, standards or procedures contained in the written

charter signed pursuant to section 1720-A.

(2) Failure to meet the requirements for student performance

set forth in 22 Pa. Code Ch. [5 (relating to curriculum)] 4

(relating to academic standards and assessment) or subsequent

regulations promulgated to replace 22 Pa. Code Ch. [5] 4 or

failure to meet any performance [standard] targets set forth in

the written charter signed pursuant to section 1716-A.

(2.1) Failure to meet any of the following standards

established by the department pursuant to Federal or State law:

(i) student attendance;

(ii) graduation rate;

(iii) academic achievement or growth; or

(iv) English learner progress.

(3) Failure to meet generally accepted standards of fiscal

management or audit requirements.

(4) Violation of provisions of this article.

(5) Violation of any provision of law from which the charter

school has not been exempted, including Federal laws and

regulations governing children with disabilities.

(6) The charter school has been convicted of fraud.

(7) Failure to comply with public disclosure requirements,

including 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11

(relating to ethics standards and financial disclosure) and the

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

Know Law."

(8) Failure of the charter school or an administrator or

member of the board of trustees of the charter school to comply

with the conflicts of interest prohibitions in this article or

65 Pa.C.S. Ch. 11.

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(9) Failure to timely comply with auditing requirements from

which it has not been exempted.

(10) Failure to timely comply with reporting requirements

from which it has not been exempted, including the submission of

an annual budget required by section 1728-A(g), an annual

financial report required by section 218 and the annual report

required by section 1728-A(b) in the case of a charter school

and section 1743-A(f) in the case of a cyber charter school.

(11) Failure to provide ongoing access to the records and

facilities of the charter school as required by section 1728-

A(a) or the cyber charter school as required by section 1742-

A(3).

(12) Any reason to revoke or not renew a charter as provided

in regulations promulgated by the department.

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

the first class is in corrective action status and seeks renewal

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

the first class renews the charter, it may place specific

conditions in the charter that require the charter school to

meet specific student performance targets within stated periods

of time subject to the following:

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

the performance targets must be met shall be reasonable.

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

in this subsection shall not be considered an adjudication and

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

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

targets within the stated period of time, such failure shall be

sufficient cause for revocation of the charter.

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

20210HB0272PN0662 - 80 -

felony or any crime involving moral turpitude shall be

immediately disqualified from serving on the board of trustees.]

(Reserved).

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

district] school shall be in writing and state the grounds for

such action with reasonable specificity and give reasonable

notice to the governing board of the charter school of the date

on which a public hearing concerning the revocation or

nonrenewal will be held. The local board of school directors

shall conduct such hearing, present evidence in support of the

grounds for revocation or nonrenewal stated in its notice and

give the charter school reasonable opportunity to offer

testimony before taking final action. Formal action revoking or

not renewing a charter shall be taken by the local board of

school directors at a public meeting pursuant to [the act of

July 3, 1986 (P.L.388, No.84), known as the "Sunshine Act,"] 65

Pa.C.S. Ch. 7 (relating to open meetings) after the public has

had thirty (30) days to provide comments to the board. Within

sixty (60) days following the public meeting in which formal

action is taken, the decision of the local board of school

directors revoking or not renewing a charter shall be provided

to the charter school in writing. All proceedings of the local

board pursuant to this subsection shall be subject to 2 Pa.C.S.

Ch. 5 Subch. B (relating to practice and procedure of local

agencies). Except as provided in subsection (d), the decision of

the local board shall not be subject to 2 Pa.C.S. Ch. 7 Subch. B

(relating to judicial review of local agency action).

(d) [Following the appointment and confirmation of the

appeal board, but not before July 1, 1999, the] The charter

20210HB0272PN0662 - 81 -

school may appeal the decision of the local board of school

directors to revoke or not renew the charter to the appeal

board. The appeal must be filed with the appeal board no later

than thirty (30) days following issuance by the local board of

school directors of its written decision under subsection (c).

The appeal board shall have the exclusive review of a decision

not to renew or revoke a charter. The appeal board shall review

the record and shall have the discretion to supplement the

record if the supplemental information was previously

unavailable. The appeal board may consider the charter school

plan, annual reports, student performance and employe and

community support for the charter school in addition to the

record. The appeal board shall [give due consideration to the

findings of the local board of directors] determine whether the

local board of school directors' decision was arbitrary and

capricious and specifically articulate its reasons for [agreeing

or disagreeing with those] its findings in [its] a written

decision.

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

not be revoked or should be renewed] local board of school

directors' decision was arbitrary and capricious, the appeal

board shall [order] reverse the local board of [directors to

rescind its revocation or nonrenewal] school directors'

decision.

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

remain in effect until final disposition by the appeal board. If

the appeal board upholds a determination of a local board of

school directors that the charter should be revoked or not

renewed, the charter shall remain in effect until the end of the

school year or such other time as the appeal board directs.

20210HB0272PN0662 - 82 -

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

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

school directors may take immediate action to revoke a charter.

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

be subject to appellate review by the Commonwealth Court.

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

surrendered or otherwise ceases to operate, the charter school

shall be dissolved. After the disposition of any liabilities and

obligations of the charter school, any remaining assets of the

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

a proportional basis to the school entities with students

enrolled in the charter school for the last full or partial

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

entities or the Commonwealth be liable for any outstanding

liabilities or obligations of the charter school.

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

who attended the charter school shall apply to another public

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

application deadlines will be disregarded under these

circumstances. All student records maintained by the charter

school shall be forwarded to the student's district of

residence.

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

(a) Establishment shall be as follows:

(1) Subject to the requirements of this section and 15

Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations),

two (2) or more charter schools may consolidate into a multiple

charter school organization if both of the following apply:

(i) The department approves the consolidation as proposed in

the application form submitted to the department pursuant to

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subsection (c). If the department does not approve or disapprove

the proposed consolidation within [forty-five (45)] ninety (90)

days after receipt of the application, the department will be

deemed to have approved the consolidation.

(ii) Each school district that granted the initial charter

of any charter school included in the proposed consolidation

approves, by a majority vote of the local board of school

directors, a resolution approving the consolidation as proposed

in the application submitted to the local board of school

directors pursuant to subsection (c). If a local board of school

directors does not adopt a resolution under this [clause]

subclause approving or rejecting the proposed consolidation

within [forty-five (45)] ninety (90) days after receipt of the

application, the school district will be deemed to have approved

the consolidation.

(1.1) The application for approval of the consolidation

under clause (1) shall first be submitted simultaneously to the

local board of school directors of each school district that

granted the initial charter of any charter school included in

the proposed consolidation, and only after approval of the

application by each local board of school directors as set forth

in clause (1)(ii) or by the appeal board in an appeal filed

under subsection (f) shall the application be submitted to the

department for approval pursuant to clause (1)(i).

(2) The multiple charter school organization shall be:

(i) granted legal authority to operate two (2) or more

individual charter schools under the oversight of a single board

of trustees and a chief administrator who shall oversee and

manage the operation of the individual charter schools under its

organization; and

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(ii) subject to all of the requirements of this article

unless otherwise provided for under this section.

(3) Nothing under this section shall be construed to affect

or change the terms or conditions of any individual charter

previously granted that is consolidated under this section,

including, but not limited to, any obligation of a school

district to provide transportation for students enrolled in an

individual charter school within a multiple charter school

organization.

(b) [(1) A charter school that, within either of the most

recent two (2) school years, has failed to meet any of the

following shall not be eligible to consolidate with another

charter school:

(i) Requirements for student performance set forth in 22 Pa.

Code Ch. 4 (relating to academic standards and assessment).

(ii) Accepted standards of fiscal management or audit

requirements.

(iii) A school performance profile score that is among the

top twenty-fifth percentile of Pennsylvania charter schools as

measured by the school performance profile for the most recent

year for which a school performance profile score is available.]

(Reserved).

(1.1) A charter school that, within the most recent three

school years, has failed to meet accepted standards of fiscal

management or audit requirements shall not be eligible to

consolidate with another charter school.

(1.2) A charter school designated as a Comprehensive Support

and Improvement school under the Every Student Succeeds Act

(Public Law 114-95, 129 Stat. 1802) or an equivalent building

level designation under its successor Federal statute shall not

20210HB0272PN0662 - 85 -

be eligible to consolidate with another charter school.

(1.3) A charter school that does not meet the minimum

academic quality benchmark and minimum fiscal management

benchmark set pursuant to section 1731.1-A(d)(2) shall not be

eligible to consolidate with another charter school.

(2) A single charter school that has failed to meet [any of]

the requirements of [paragraph (1)] clauses (1.1) and (1.2) may

consolidate if every other charter school in the consolidation

[includes a charter school demonstrating] demonstrates that it

has satisfied such requirements for the most recent [two (2)]

three (3) school years.

section, the department shall develop and issue a standard

application form that multiple charter school organization

applicants must submit to the department and to the local board

of school directors of each school district that granted the

initial charter of any charter school included in the proposed

consolidation. The application form shall contain the following

information:

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

(2) The names of the charter schools seeking consolidation

under this section.

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

seeking to consolidate under this section.

(4) An organizational chart clearly presenting the proposed

governance structure of the multiple charter school

organization, including lines of authority and reporting between

the board of trustees, chief administrator, administrators,

staff and any educational management service provider that will

play a role in providing management services to the charter

20210HB0272PN0662 - 86 -

schools under its jurisdiction.

(5) A clear description of the roles and responsibilities

for the board of trustees, chief administrator, administrators

and any other entities, including a charter school foundation,

shown in the organizational chart.

(6) A clear description of the method for the appointment or

[election] selection of members of the board of trustees.

(7) Standards for board of trustees performance, including

compliance with all applicable laws, regulations and terms of

the charter.

(8) Enrollment procedures for each individual charter school

included in its charter.

(9) Any other information as deemed necessary by the

department.

(d) A multiple charter school organization may:

(1) Participate in the assessment system in the same manner

in which a school district participates, with its individual

charter schools participating in the assessment system in the

same manner as individual schools within school districts. All

data gathered for purposes of evaluation shall be gathered in

the same manner in which data is gathered in the case of school

districts and individual schools within school districts.

Nothing in this [paragraph] clause shall alter the manner in

which charter school performance on assessments is measured as

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

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

(2) Add existing charter schools to its organization by

obtaining the approval of the department and of the local board

of school directors that granted the initial charter of each

charter school proposed to be added under subsection (a)(1) and

20210HB0272PN0662 - 87 -

(1.1).

(3) Allow students enrolled in an individual charter school

to matriculate to another individual charter school under its

oversight so as to complete a course of instruction in an

educational institution from kindergarten through grade twelve

or otherwise in the best interests of the student[.]; provided a

school district shall not be obligated to pay tuition related to

the matriculation of a four-year-old kindergarten program or

full-day kindergarten program if the school district has

exercised its discretion to not offer these programs in the

school district's own schools.

(e) A multiple charter school organization shall be regarded

as the holder of the charter of each individual charter school

under its oversight and each previously or subsequently awarded

charter shall be subject to nonrenewal or revocation by the

local board of school directors that granted the initial charter

in accordance with this act. The nonrenewal or revocation of the

charter of an individual charter school under the oversight of a

multiple charter school organization shall not affect the status

of a charter awarded for any other individual charter school

under the oversight of the multiple charter school organization.

(f) Appeals shall be as follows:

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

appeal by an applicant for consolidation, with respect to the

rejection of a proposed consolidation by either the department

or a school district.

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

board shall:

(i) Review the decision made by either the department or the

school district on the record as certified by the entity that

20210HB0272PN0662 - 88 -

made the decision being appealed, provided that the appeal board

may allow the department, a school district or the applicant for

consolidation to supplement the record if the supplemental

information was previously unavailable.

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

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

(iii) Issue a written decision affirming or denying the

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

certified record.

(iv) Make its decision based on whether [the proposed

consolidation satisfies the requirements of subsections (b) and

(c)] the department's or the school district's decision to deny

the consolidation was arbitrary or capricious. The appeal board

shall specify its findings in a written decision.

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

decisions by the department and shall not participate in a

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

by the department.

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

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

appeal of a decision by the appeal board to the Commonwealth

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

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

Pennsylvania Supreme Court.

(g) For purposes of this section, the term "charter school"

shall include a regional charter school.

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

shall allocate grants for planning and start-up funding to

eligible applicants under section 1717-A from funds appropriated

for the implementation of this act.

20210HB0272PN0662 - 89 -

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

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

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

the applicant. The application shall address the manner in which

the applicant plans to address the criteria established for

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

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

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

for the charter school shall submit its application for a

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

funding may vary depending on the size and special

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

used to meet the expenses of the charter school as established

in their charter and as authorized in the provisions of this

article.

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

the local board of school directors of the school district of

the application for the planning grant if the location of the

proposed charter school is known. An applicant receiving a

start-up funding grant shall notify the school district or

districts signing the charter of receipt of this grant.

Section 15. The act is amended by adding a section to read:

Section 1731.1-A. Accountability Matrix.--(a) Within

thirty-six (36) months of the effective date of this section,

the State board shall develop an accountability matrix to

evaluate the academic performance, operations, governance,

accepted standards of fiscal management and audit requirements

of charter school entities and shall promulgate regulations to

implement this section.

(b) The accountability matrix shall assess performance by

20210HB0272PN0662 - 90 -

utilizing objective criteria, including, but not limited to, the

following:

(1) Student performance on State assessments.

(2) Growth as measured by the Pennsylvania Value-Added

Assessment System or any subsequent growth measure.

(3) Admissions and enrollment practices.

(4) Attendance, chronic absenteeism, truancy and attrition

rates.

(5) School climate, health, safety and student discipline

indicators.

(6) Graduation rates and postsecondary transitions for

graduates of charter schools with a grade twelve.

(7) Other standardized test scores.

(8) Measures of parent, guardian and family engagement.

(9) Accreditation by a nationally recognized accreditation

agency, including the Middle States Association of Colleges and

Schools, or another regional institutional accrediting agency

recognized by the United States Department of Education or an

equivalent Federally recognized body for charter school

education.

(10) Organizational governance, viability and compliance

with 65 Pa.C.S. Chs. 11 (relating to ethics standards and

financial disclosure) 7 (relating to open meetings).

(11) Accepted standards of fiscal management or audit

requirements.

(12) Educator certification and measures for assessing

educator effectiveness.

(13) Compliance with special education laws, including 22

Pa. Code Ch. 711 (relating to charter school services and

programs for children with disabilities).

20210HB0272PN0662 - 91 -

(14) Compliance with laws concerning education English

learners, including 22 Pa. Code § 4.26 (relating to ESOL).

(15) Timely submission of annual report and audited

financial statements.

(16) Mission and education program components as determined

through site visits.

parents, guardians, families and educators accurate comparisons

of school and student group performance.

(d) In developing the accountability matrix, the State board

shall:

(1) Determine a minimum academic quality benchmark and the

minimum fiscal management benchmark required to qualify a

charter school to be considered by its authorizer for a ten (10)

year renewal term pursuant to section 1720-A(a). An authorizer's

determination to not grant a ten (10) year renewal term may not

be appealed. The minimum academic quality benchmark and the

minimum fiscal management benchmark shall be included in the

regulations promulgated under this section.

(2) Determine the minimum academic quality benchmark and the

minimum fiscal management benchmark required to qualify a

charter school to be considered for consolidation in the

formation of a multiple charter school organization pursuant to

section 1729.1-A. The minimum academic quality benchmark and the

minimum fiscal management benchmark shall be included in the

regulations promulgated under this section.

(3) In addition to the causes for nonrenewal or termination

set forth in section 1729-A, determine a profile of academic,

fiscal management and other factors, the satisfaction of which

will permit authorizers of a charter school or cyber charter

20210HB0272PN0662 - 92 -

school to issue a revocation or nonrenewal of the charter. An

authorizer's determination to revoke or nonrenew the charter of

a charter school or cyber charter school based upon the profile

of academic performance, fiscal management and other factors may

not be appealed.

(e) In developing the accountability matrix, the State board

may:

(1) Contract for consulting services with an entity that has

experience in developing performance matrices if the services

are procured through a competitive bidding process.

(2) Utilize an existing database developed by the

department, including the Future Ready PA Index and Every

Student Succeeds Act State Report Card.

(f) The department shall review the accountability matrix

every five (5) years to ensure that the accountability matrix

properly measures school learning conditions and academic

performance and shall submit any recommendations in writing to

the State board, the Education Committee of the Senate and the

Education Committee of the House of Representatives. Recommended

revisions shall not take effect unless the General Assembly

enacts the revisions or the State board promulgates regulations

to adopt the revisions.

(g) The department shall utilize the standard accountability

matrix as the primary factor in evaluating renewal cyber charter

school applicants in annual monitoring and evaluation of cyber

charter schools and in evaluating consolidation applications

under section 1729.1-A. Nothing in this section shall prohibit a

school district from utilizing its own locally developed

accountability system in evaluating renewal charter school

applicants and in annual monitoring and evaluation of charter

20210HB0272PN0662 - 93 -

schools and other authorizing activities.

(h) (1) In developing the accountability matrix and

promulgating the regulations required under this section, the

State board shall convene and consult with a Statewide advisory

committee which shall consist of representatives of the

department and a minimum of ten (10) representatives, including

five (5) representatives from charter schools, regional charter

schools and cyber charter schools and five (5) representatives

from school districts. Members of the committee shall be

selected to be representative of the urban, rural and suburban

areas of this Commonwealth.

(2) The Statewide advisory committee required to be convened

under clause (1) shall be convened not later than sixty (60)

days after the effective date of this section and shall meet

regularly to fulfill requirements of this subsection.

(i) The department shall annually publish the matrix data on

the department's publicly accessible Internet website.

Section 16. Sections 1732-A, 1741-A, 1742-A, 1743-A, 1744-A

and 1745-A of the act are amended to read:

Section 1732-A. Provisions Applicable to Charter Schools and

Multiple Charter School Organizations.--(a) Charter schools and

multiple charter school organizations shall be subject to the

following:

Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,

510, 518, 527, 708, [736, 737, 738, 739,] 740, 741, 752, 753,

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

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

1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1341, 1342, 1343,

1344, 1345, 1372(8), 1303-A, 1513, 1517, 1518, 1521, 1523, 1531,

1547, 2014-A, 2552, Article XIII-A and Article XIV.

20210HB0272PN0662 - 94 -

Act of July 17, 1961 (P.L.776, No.341), known as the

"Pennsylvania Fair Educational Opportunities Act."

Act of July 19, 1965 (P.L.215, No.116), entitled "An act

providing for the use of eye protective devices by persons

engaged in hazardous activities or exposed to known dangers in

schools, colleges and universities."

Section 4 of the act of January 25, 1966 (1965 P.L.1546,

No.541), entitled "An act providing scholarships and providing

funds to secure Federal funds for qualified students of the

Commonwealth of Pennsylvania who need financial assistance to

attend postsecondary institutions of higher learning, making an

appropriation, and providing for the administration of this

act."

Act of July 12, 1972 (P.L.765, No.181), entitled "An act

relating to drugs and alcohol and their abuse, providing for

projects and programs and grants to educational agencies, other

public or private agencies, institutions or organizations."

[Act of December 15, 1986 (P.L.1595, No.175), known as the

"Antihazing Law."] 18 Pa.C.S. Ch. 28 (relating to antihazing)

and 42 Pa.C.S. § 5803(a)(3.1) (relating to asset forfeiture).

(b) Charter schools and multiple charter school

organizations shall be subject to the following provisions of 22

Pa. Code:

[Section 5.216 (relating to ESOL).

Section 5.4 (relating to general policies).]

Section 4.4 (relating to general policies).

Section 4.26 (relating to ESOL).

Chapter 11 (relating to pupil attendance).

Chapter 12 (relating to students).

Chapter 16 (relating to special education for gifted

20210HB0272PN0662 - 95 -

students).

Chapter 19 (relating to educator effectiveness rating tool).

Section 32.3 (relating to assurances).

Section 121.3 (relating to discrimination prohibited).

Section 235.4 (relating to practices).

Section 235.8 (relating to civil rights).

Section 339.31 (relating to plan).

Section 339.32 (relating to services).

Chapter 711 (relating to charter school services and programs

for children with disabilities).

relating to charter schools.

(2) The secretary shall have the authority and the

responsibility to ensure that charter schools comply with

Federal laws and regulations governing children with

disabilities. The secretary shall promulgate regulations to

implement this provision.

Section 1741-A. Powers and duties of department.

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

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

creation of a cyber charter school and have the power to

request further information from applicants, obtain input

from interested persons or entities and hold hearings

regarding applications.

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

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

or 1718-A which provides instruction through the Internet or

other electronic means. Upon renewal of a charter of a

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

charter school shall qualify as a cyber charter school under

20210HB0272PN0662 - 96 -

this subdivision and shall be subject to the provisions of

this subdivision.

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

charter under the provisions of section 1729-A.

(i) Notwithstanding the provisions of section 1729-

A(i), when the department has revoked or denied renewal

of a charter, the cyber charter school shall be

dissolved. After the disposition of the liabilities and

obligations of the cyber charter school, any remaining

assets of the cyber charter school shall be given over to

the intermediate unit in which the cyber charter school's

administrative office was located for distribution to the

school districts in which the students enrolled in the

cyber charter school reside at the time of dissolution.

(ii) Notwithstanding any laws to the contrary, the

department may, after notice and hearing, take immediate

action to revoke a charter if:

(A) a material component of the student's

education as required under this subdivision is not

being provided; or

(B) the cyber charter school has failed to

maintain the financial ability to provide services as

required under this subdivision.

(4) Execute charters after approval.

(5) Develop forms, including the notification form under

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

this subdivision.

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

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

20210HB0272PN0662 - 97 -

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

to as the Right-to-Know Law] February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

Section 1742-A. Assessment and evaluation.

The department shall:

(1) Annually assess whether each cyber charter school is

meeting the goals of its charter and is in compliance with

the provisions of the charter and conduct a comprehensive

review prior to granting a five-year renewal of the charter.

(2) Annually review each cyber charter school's

performance on the Pennsylvania System of School Assessment

test, standardized tests and other performance indicators to

ensure compliance with 22 Pa. Code Ch. 4 (relating to

academic standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4.

(3) Have ongoing access to all records, instructional

materials and student and staff records of each cyber charter

school and to every cyber charter school facility to ensure

the cyber charter school is in compliance with its charter

and this subdivision.

Section 1743-A. Cyber charter school requirements and

prohibitions.

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

charter school shall not:

(1) provide discounts to a school district or waive

payments under section [1725-A] 1725.1-A for any student;

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

payments to parents or guardians for the purchase of

instructional materials; or

(3) except as compensation for the provision of specific

20210HB0272PN0662 - 98 -

services, enter into agreements to provide funds to a school

entity.

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

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

anticipated enrollment set forth in the application under

section 1747-A(11).

available upon request] provide, either in writing or

electronically, to each student's school district of residence

the following:

(1) A copy of the charter.

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

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

charter school.

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

enrolled in the cyber charter school.

(d) Parent or guardian.--[Upon request and prior] Prior to

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

charter school shall, either in writing or electronically,

provide to the parent or guardian of a student the following:

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

instruction the student will receive. The list shall be

updated annually for each grade level in which the student is

enrolled.

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

offered both online and offline.

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

work will be authenticated.

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

required to take during the school year and the place where

20210HB0272PN0662 - 99 -

the test will be administered, if available.

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

between a parent or guardian and a teacher and among other

school officials or parents or guardians and the manner in

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

place for the meeting.

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

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

administrator and other school personnel.

(7) A list of any extracurricular activities provided by

the cyber charter school.

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

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

student or the parent or guardian.

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

student by the cyber charter school.

(10) Copies of policies relating to computer security

and privacy, truancy, absences, discipline and withdrawal or

expulsion of students.

(11) Information on:

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

including the number of staff personnel, their education

level and experience.

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

PSSA and other standardized test scores.

(12) Information regarding the proper usage of equipment

and materials and the process for returning equipment and

materials supplied to the students by the cyber charter

school. A parent or guardian shall acknowledge, either in

writing or electronically, the receipt of this information.

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

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

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

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

school shall:

(1) provide all instructional materials;

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

to, a computer, computer monitor and printer; and

(3) provide or reimburse for all technology and services

necessary for the on-line delivery of the curriculum and

instruction.

The Commonwealth shall not be liable for any reimbursement owed

to students, parents or guardians by a cyber charter school

under paragraph (3).

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

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

department in the form prescribed by the department. A copy of

the annual report submitted under this subsection shall also be

maintained at each facility of the cyber charter school and

shall be posted on the cyber charter school's publicly

accessible Internet website.

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

provide the department with ongoing access to all records and

facilities necessary for the department to assess the cyber

charter school in accordance with the provisions of this

subdivision.

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

maintain an administrative office within this Commonwealth where

all student records shall be maintained at all times and shall

provide the department with the addresses of all offices and

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facilities of the cyber charter school, the ownership thereof

and any lease arrangements. The administrative office of the

cyber charter school shall be considered as the principal place

of business for service of process for any action brought

against the cyber charter school or cyber charter school staff

members. The cyber charter school shall notify the department of

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

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

charter school, its successors or assigns or its employees,

including any cyber charter school staff member as defined in

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

Professional Educator Discipline Act, shall be governed by the

laws of this Commonwealth. If the department initiates an

investigation or pursues an action pursuant to the Professional

Educator Discipline Act involving any current or former charter

school staff member outside this Commonwealth, any reasonable

expenses incurred by the department in such investigation or

action shall be paid by the cyber charter school which employed

that staff member at the time of the alleged misconduct.

Section 1744-A. School district and intermediate unit

responsibilities.

An intermediate unit or a school district in which a student

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

following:

(1) Provide the cyber charter school within [ten] 10

days of receipt of the notice of the admission of the student

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

student, including transcripts, test scores and a copy of any

individualized education program for that student.

(2) Provide the cyber charter school with reasonable

20210HB0272PN0662 - 102 -

access to its facilities for the administration of

standardized tests required under this subdivision.

(3) Upon request, provide assistance to the cyber

charter school in the delivery of services to a student with

disabilities. The school district or intermediate unit shall

not charge the cyber charter school more for a service than

it charges a school district.

(4) Make payments to the cyber charter school under

section [1725-A] 1725.1-A.

Section 1745-A. Establishment of cyber charter school.

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

established by an individual; one or more teachers who will

teach at the proposed cyber charter school; parents or guardians

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

nonsectarian college, university or museum located in this

Commonwealth; a nonsectarian corporation not-for-profit as

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

corporation, association or partnership; or any combination of

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

school established under this subdivision.

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

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

sectarian school, institution or other entity.

shall satisfy requirements for compulsory attendance.

(2) Attendance shall be measured by the number of hours of

documented coursework a student completes within a seven-day

week. In order to satisfy the requirements for compulsory

attendance, as provided in section 1715-A(9), an elementary

student shall complete five hours of documented coursework, five

20210HB0272PN0662 - 103 -

days a week and a secondary student shall complete five and one-

half hours of documented coursework, five days a week.

(3) For the purposes of this section, "documented

coursework" shall consist of a combination of login time and

independent work offline, the later of which may be self-

reported by the student or the student's parent or guardian.

(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 submitted under

this subdivision shall be evaluated by the department based

on the following criteria:

(i) The demonstrated, sustainable support for the

cyber charter school plan by teachers, parents or

guardians and students.

(ii) The capability of the cyber charter school

applicant, in terms of support and planning, to provide

comprehensive learning experiences to students under the

charter.

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(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

one (1) year and no more than three (3) years [nor more than

five years] and may be renewed for a period of no less than

one (1) year and no more than five (5) years by the

department.

(4) The decision of the department to deny an

application may be appealed to the appeal board.

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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 provide notice of the appeal to

the department and may allow the department to be heard on the

application. If the department fails to respond within 10 days,

the appeal board shall review the application and make a

decision to approve or disapprove the charter based on the

criteria in subsection (f). An appeal must be filed no later

than 30 days following the date by which the department was

required to act on the application in accordance with subsection

(e) or (g), as applicable, or the date of mailing of the written

notice issued under subsection (f)(2).

Section 17. The act is amended by adding a section to read:

Section 1745.1-A. Cyber charter amendments.

(a) Written proposal.--Except in cases of requests for

expedited consideration of a charter amendment request as

provided in subsection (h), a cyber charter school desiring to

amend a material term of its charter shall first submit a

written proposal outlining the proposed amendment to the

department. Within 60 days of submission of the written

proposal, the department shall provide a written response to the

cyber charter school identifying the form and scope of the

information necessary for review of the amendment request. At a

minimum, the scope of information to be submitted shall include

all that information required when submitting a new cyber

20210HB0272PN0662 - 106 -

charter application as specifically relevant to the component of

the charter that the cyber charter school seeks to amend.

(b) Due date.--A cyber charter school shall submit a request

for an amendment to its charter in the form and containing the

information identified by the department under subsection (a) no

later than November 1 of the school year preceding the school

year in which the cyber charter school proposes to operate

pursuant to the proposed amendment.

charter school's amendment request based on the criteria in

section 1745-A(f).

(d) Notice.--Within 60 days of receipt by the department of

a cyber charter school's charter amendment request, the

department shall publish public notice of the requested

amendment and accept the submission of public comments for at

least 30 days. In addition to publishing public notice, the

department may hold a public hearing on the provisions of the

charter amendment request under 65 Pa.C.S. Ch. 7 (relating to

open meetings).

(e) Determination.--Within 180 days of the receipt by the

department of the charter amendment request, the department

shall grant or deny the request. Written notice of the

department's action shall be sent to the cyber charter school.

(f) Amendment request granted.--If the amendment request is

granted, the cyber charter school's written charter shall be

supplemented or amended, as appropriate, to contain the

provisions of the amendment request, and the amended charter

shall be signed by the secretary and each member of the charter

school's board of trustees. The amended charter, when duly

signed, acts as legal authorization of the operation of the

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cyber charter school in accordance with the amended charter. The

amended charter is legally binding on the department and the

cyber charter school and its board of trustees. The amended

charter shall be effective for the remainder of the term of the

charter as was applicable prior to the amendment.

(g) Amendment request denied.--If the amendment request is

denied, the reasons for the denial, including a description of

deficiencies in the amendment request, shall be clearly stated

in the written notice sent by the department to the cyber

charter school. An amendment denied pursuant to this section may

not be appealed. The decision to deny the request shall not

preclude the cyber charter school from revising and resubmitting

a request for a charter amendment in the future in accordance

with the procedures set forth in this section to address any

deficiencies in the previous request as identified by the

department in its written notice denying the amendment request.

(h) Expedited review.--

(1) In the event a cyber charter school requires an

expedited review of a charter amendment request, the cyber

charter school shall first immediately submit to the

department a request for an expedited review that includes:

(i) a statement that a cyber charter school is

seeking expedited review of a charter amendment request;

(ii) a written proposal outlining the amendment

request; and

(iii) the reasons justifying the request for an

expedited review.

(2) The department shall provide a written response to

the request for an expedited review that confirms whether an

expedited review will be conducted and, if so, the

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information that must be submitted by the cyber charter

school for the department's review of the request. If the

department does not agree that an expedited review is

necessary, the cyber charter school shall submit its request

pursuant to the procedures outlined in subsection (a). The

determination to not grant an expedited review of the

proposed charter amendment request shall not be appealable.

Section 18. Sections 1746-A, 1747-A and 1748-A of the act

are amended to read:

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

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

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

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

of the department, including:

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

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

(3) The revocation of a charter.

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

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

(1) Review the decision made by the department under

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

The secretary shall recuse himself from all cyber charter

school appeals and shall not participate in a hearing,

deliberation or vote on a cyber charter school appeal. The

appeal board may allow the department, the cyber charter

school applicant or the board of trustees of a cyber charter

school to supplement the record if the supplemental

information was previously unavailable.

(2) Meet to officially review the certified record no

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

20210HB0272PN0662 - 109 -

(3) Issue a written decision affirming or denying the

appeal no later than 60 days following its review.

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

a cyber charter application, make its decision based on

[section 1745-A(f)(1). A decision by the appeal board to

reverse the decision of the department and grant a charter

shall serve as a requirement for the secretary to sign the

written charter of the cyber charter school.] whether the

department's decision was arbitrary and capricious. If the

appeal board finds the department's decision to deny the

cyber charter school application to be arbitrary and

capricious, the appeal board shall reverse the decision of

the department, grant the cyber charter and require the

secretary to sign the written charter of the cyber charter

school. The appeal board shall specify its findings in a

written decision.

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

revoke or deny renewal of a cyber school charter in

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

on [section 1729-A(a). A decision of the appeal board to

reverse the decision of the department to not revoke or deny

renewal of a charter shall serve as a requirement of the

department to not revoke or to not deny renewal of the

charter of the cyber charter school.] whether the

department's decision was arbitrary and capricious. If the

appeal board finds the department's decision to revoke or

deny renewal of a cyber school charter to arbitrary and

capricious, the appeal board shall reverse the decision of

the department and require the department to not revoke or

deny renewal of the charter of the cyber charter school. The

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appeal board shall specify its findings in a written

decision. If the appeal board determines that the charter

should be revoked or not renewed, the charter shall remain in

effect until the end of the school year or another time as

the appeal board directs.

appeal board, the appeal board's decision shall be stayed only

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

Pennsylvania Supreme Court.

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

subject to appellate review by the Commonwealth Court.

Section 1747-A. Cyber charter school application.

In addition to the provisions of section 1719-A, an

application to establish a cyber charter school shall also

include the following:

(1) The curriculum to be offered and how it meets the

requirements of 22 Pa. Code Ch. 4 (relating to academic

standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4.

(2) The number of courses required for elementary and

secondary students.

(3) An explanation of the amount of on-line time

required for elementary and secondary students.

(4) The manner in which teachers will deliver

instruction, assess academic progress and communicate with

students to provide assistance.

(5) A specific explanation of any cooperative learning

opportunities, meetings with students, parents and guardians,

field trips or study sessions.

(6) The technology, including types of hardware and

20210HB0272PN0662 - 111 -

software, equipment and other materials which will be

provided by the cyber charter school to the student.

(7) A description of how the cyber charter school will

define and monitor a student's school day, including the

delineation of [on-line] login time and [off-line time]

independent coursework.

(8) A description of commercially prepared standardized

achievement tests that will be used by the cyber charter

school in addition to the Pennsylvania System of School

Assessment test, including the grade levels that will be

tested and how the data collected from the tests will be used

to improve instruction.

(9) The technical support that will be available to

students and parents or guardians.

(10) The privacy and security measures to ensure the

confidentiality of data gathered online.

(11) The level of anticipated enrollment during each

school year of the proposed charter, including expected

increases due to the addition of grade levels.

(12) The methods to be used to insure the authenticity

of student work and adequate proctoring of examinations.

(13) The provision of education and related services to

students with disabilities, including evaluation and the

development and revision of individualized education

programs.

(14) Policies regarding truancy, absences and withdrawal

of students, including the manner in which the cyber charter

school will monitor and enforce attendance consistent with

the provisions of section 1715-A(9).

(15) The types and frequency of communication between

20210HB0272PN0662 - 112 -

the cyber charter school and the student and the manner in

which the cyber charter school will communicate with parents

and guardians.

(16) The addresses of all facilities and offices of the

cyber charter school, the ownership thereof and any lease

arrangements.

Section 1748-A. Enrollment and notification.

(a) Notice to school district.--

(1) Within 15 days of the enrollment of a student to a

cyber charter school, the parent or guardian and the cyber

charter school shall notify the student's school district of

residence of the enrollment through the use of the

notification form under subsection (b).

(2) If a school district which has received notice under

paragraph (1) determines that a student is not a resident of

the school district, the following apply:

(i) Within seven days of receipt of the notice under

paragraph (1), the school district shall notify the cyber

charter school and the department that the student is not

a resident of the school district. Notification of

nonresidence shall include the basis for the

determination.

(ii) Within seven days of notification under

subparagraph (i), the cyber charter school shall review

the notification of nonresidence, respond to the school

district and provide a copy of the response to the

department. If the cyber charter school agrees that a

student is not a resident of the school district, it

shall determine the proper district of residence of the

student before requesting funds from another school

20210HB0272PN0662 - 113 -

district.

(iii) Within seven days of receipt of the response

under subparagraph (ii), the school district shall notify

the cyber charter school that it agrees with the cyber

charter school's determination or does not agree with the

cyber charter school's determination.

(iv) A school district that has notified the cyber

charter school that it does not agree with the cyber

charter school's determination under subparagraph (iii)

shall appeal to the department for a final determination.

(v) All decisions of the department regarding the

school district of residence of a student shall be

subject to review by the Commonwealth Court.

(vi) A school district shall continue to make

payments to a cyber charter school under section [1725-A]

1725.1-A during the time in which the school district of

residence of a student is in dispute.

(vii) If a final determination is made that a

student is not a resident of an appealing school

district, the cyber charter school shall return all funds

provided on behalf of that student to the school district

within 30 days.

[(b) Notification form.--The department shall develop a

notification form for use under subsection (a). The notification

shall include:

(1) The name, home address and mailing address of the

student.

(2) The grade in which the student is being enrolled.

(3) The date the student will be enrolled.

(4) The name and address of the cyber charter school and

20210HB0272PN0662 - 114 -

the name and telephone number of a contact person able to

provide information regarding the cyber charter school.

(5) The signature of the parent or guardian and an

authorized representative of the cyber charter school.]

(b.1) Enrollment form.--

(1) The department shall develop a standard enrollment

form that all eligible applicants shall use to apply to a

cyber charter school. The standard enrollment form shall only

request information necessary to allow the cyber charter

school to identify the student, grade level and residency,

including:

(i) The student's name, address of residence,

resident school district, telephone number, age, birth

date and current grade level.

(ii) The name, address of residence, and telephone

number or e-mail address of the student's parent or

guardian.

(iii) The date the student will be enrolled.

(iv) A space for the cyber charter school to include

the name of the cyber charter school and the name,

telephone number and e-mail address of a contact person

at the cyber charter school.

(v) The signature of the parent or guardian and an

authorized representative of the cyber charter school.

(2) The standard enrollment form shall be made

physically available at the administrative office of the

cyber charter school, in a form that complies with Federal

and State law, and posted on the publicly accessible Internet

website of the cyber charter school. The cyber charter school

may accept the enrollment form via paper or electronic means.

20210HB0272PN0662 - 115 -

(3) A cyber charter school shall maintain and make

available in paper and electronic format the enrollment forms

developed by the department under this subsection in the

languages spoken by 0.005% or more of the Statewide public

school enrollment. The cyber charter school shall ensure that

the forms are translated by a service approved by the

department.

(4) A cyber charter school shall not require or request

information beyond the contents of the standard enrollment

form developed by the department.

(5) Nothing in this section shall prohibit a cyber

charter school 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 cyber charter school.

(6) As used in this subsection, the following words and

phrases shall have the meanings given to them in this

paragraph unless the context clearly indicates otherwise:

"Eligible applicant." A student who is seeking to enter

a grade level offered by the cyber charter school and student

residency requirements.

guardian of a student enrolled in a cyber charter school shall

provide written notification to the student's school district of

residence within 15 days following the withdrawal of a student

from the cyber charter school. The cyber charter school shall

also notify the department within 15 days of the withdrawal of

the student from the cyber charter school.

Section 19. The act is amended by adding a section to read:

Section 1748.1-A. Enrollment parameters.

20210HB0272PN0662 - 116 -

(a) General rule.--Enrollment of students in a cyber charter

school shall not be subject to a cap or enrollment parameter

unless agreed to by the cyber charter school as part of a

written charter pursuant to section 1745-A.

(b) Limitation.--Notwithstanding subsection (a), a cyber

charter school designated as a Comprehensive Support and

Improvement school under the Every Student Succeeds Act (Public

Law 114-95, 129 Stat. 1802) or an equivalent building level

designation under its successor Federal statute shall not be

eligible to expand its enrollment beyond the enrollment as

reported by the cyber charter school on the date on which it was

designated unless otherwise agreed to by the department. This

limitation shall remain in place until the cyber charter school

exits the designation.

Section 20. Section 1749-A of the act, amended October 29,

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

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

and of other acts and regulations.

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

subject to the following:

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

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

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

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

1332, 1333, 1333.1, 1333.2, 1333.3, 1341, 1342, 1343, 1344,

1345, 1372(8), 1303-A, 1518, 1521, 1523, 1531, 1547, 1702-A,

1703-A, 1714-A, 1714.1-A, 1715-A, 1716-A, 1716.1-A, 1716.2-A,

1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, [1725-A,]

1725.1-A, 1727-A, 1728-A (d), (e), (f) and (g), 1729-A, 1730-

A, 1731-A(a)(1) and (b) [and], 2014-A and 2552 and Articles

20210HB0272PN0662 - 117 -

XII-A, XIII-A and XIV.

(2) The act of July 17, 1961 (P.L.776, No.341), known as

the Pennsylvania Fair Educational Opportunities Act.

(3) The act of July 19, 1965 (P.L.215, No.116), entitled

"An act providing for the use of eye protective devices by

persons engaged in hazardous activities or exposed to known

dangers in schools, colleges and universities."

(4) Section 4 of the act of January 25, 1966 (1965

P.L.1546, No.541), entitled "An act providing scholarships

and providing funds to secure Federal funds for qualified

students of the Commonwealth of Pennsylvania who need

financial assistance to attend postsecondary institutions of

higher learning, making an appropriation, and providing for

the administration of this act."

(5) The act of July 12, 1972 (P.L.765, No.181) entitled

"An act relating to drugs and alcohol and their abuse,

providing for projects and programs and grants to educational

agencies, other public or private agencies, institutions or

organizations."

(6) [The act of December 15, 1986 (P.L.1595, No.175),

known as the Antihazing Law.] 18 Pa.C.S. Ch. 28 (relating to

antihazing) and 42 Pa.C.S. § 5803(a)(3.1) (relating to asset

forfeiture).

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

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

(1) Chapter 4 (relating to academic standards and

assessment).

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

(3) Chapter 12 (relating to students).

(3.1) Chapter 16 (relating to special education for

20210HB0272PN0662 - 118 -

gifted students).

(3.2) Chapter 19 (relating to educator effectiveness

rating tool).

(4) Section 32.3 (relating to assurances).

(5) Section 121.3 (relating to discrimination

prohibited).

(6) Section 235.4 (relating to practices).

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

(7.1) Section 339.31 (relating to plan).

(7.2) Section 339.32 (relating to services).

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

programs for children with disabilities).

(1) The charter of a charter school approved under

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

the Internet or other electronic means shall remain in effect

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

provisions of Subdivision (b).

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

following provisions of this subdivision shall apply to a

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

provides instruction through the Internet or other electronic

means:

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

(ii) Section 1744-A.

(iii) Section 1748-A.

Section 21. The act is amended by adding a section to read:

Section 1752-A. Cyber charter school moratorium.

Beginning July 1, 2021, and continuing for 10 years

thereafter, the department shall not accept or act upon any

20210HB0272PN0662 - 119 -

applications for the establishment of a new cyber charter

school.

Section 22. Section 2574.3 of the act is amended by adding a

subsection to read:

Section 2574.3. Approved Reimbursable Annual Rental for

Leases of Buildings or Portions of Buildings for Charter School

Use.--* * *

school year thereafter, a charter school shall not be eligible

to receive payments from the Commonwealth under this section

under a lease between a charter school entity and a charter

school foundation, educational management service provider or

another charter school entity. For purposes of this subsection,

the terms "charter school" and "charter school entity" shall

have the meanings provided in section 1703-A.

Section 23. For agreements or contracts between educational

management service providers and charter school entities, this

act shall apply to any agreement or contract under section

1716.2-A entered into or amended on or after the effective date

of this section.

Section 24. This act shall take effect immediately.

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