See other bills
under the
same topic
PRINTER'S NO. 1802
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1626
Session of
2021
INTRODUCED BY WHITE, STAMBAUGH, PICKETT, HAMM, TOPPER, LEWIS
DELROSSO, MILLARD AND PENNYCUICK, JUNE 14, 2021
REFERRED TO COMMITTEE ON EDUCATION, JUNE 14, 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 charter schools, further providing
for State Charter School Appeal Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1721-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1721-A. State Charter School Appeal Board.--(a)
Membership.--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 of the appeal board to serve at the pleasure
of the Governor. The members shall include:] General Assembly.
The appeal board shall consist of the following appointed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
members:
(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.] An administrator or trustee of
an institution of higher education.
(5) A member of the business community.
(6) [A member of the State Board of Education.] An
administrator or trustee of a charter school entity.
(a.1) Appointments to the appeal board.--The appointed
members to the appeal board shall be made by the following:
(1) Two (2) members shall be appointed by the President
pro tempore of the Senate.
(2) One (1) member shall be appointed by the Minority
Leader of the Senate.
(3) Two (2) members shall be appointed by the Speaker of
the House of Representatives.
(4) One (1) member shall be appointed by the Minority
Leader of the House of Representatives.
(a.2) Initial appointments to the appeal board.--The initial
terms to be served by appointees under subsection (a) shall be
as follows:
(1) Of the two (2) members appointed initially by the
President pro tempore of the Senate, one (1) shall serve a
term of two (2) years and one (1) shall serve a term of four
(4) years and one of whom must be:
(i) A certified teacher actively employed in a
public school.
20210HB1626PN1802 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) A member of the business community.
(2) The one (1) member appointed initially by the
Minority Leader of the Senate shall serve a term of three (3)
years and must be a n administrator or trustee of a charter
school entity.
(3) Of the two (2) members appointed initially by the
Speaker of the House of Representatives, one (1) shall serve
a term of two (2) years and one (1) shall serve a term of
four (4) years and one of whom must be:
(i) A school board member.
(ii) An administrator or trustee of an institution
of higher education.
(4) The one (1) member appointed initially by the
Minority Leader of the House of Representatives shall serve a
term of three (3) years and must be a parent of a school-aged
child.
(a.3) Vacancies.--Upon expiration of a term, the resignation
of an appointee or a vacancy, an appointment must be made to the
Senate within thirty (30) days. If the timeline provided in this
subsection is not met, the duty to fill the vacant appointment
shall devolve to the Governor with the consent of the majority
of all the members of the Senate.
(a.4) Term of office.--Upon the expiration of a term of a
member appointed under subsection (c), the following shall
apply:
(1) The term of office of members of the appeal board,
other than the secretary, shall be for a period of four (4)
years [or] but members shall continue to serve until a
successor is appointed and qualified.[, except that, of the
initial appointees, the Governor shall designate two (2)
20210HB1626PN1802 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 period of the unexpired term or until a
successor is appointed and qualified.]
(2) An appointment to fill a vacancy shall be for the
period of the unexpired term or until a successor is
appointed and qualified.
(a.5) Removal.--A member of the appeal board shall only be
removed from office by the appointing authority:
(1) for misconduct in office, willful neglect of duty or
conduct evidencing unfitness for office or incompetence; or
(2) upon conviction of an offense graded as a felony, an
infamous crime, an offense under this part or an equivalent
offense under Federal law or the law of another jurisdiction.
(b) [The appeal board] Meetings.--The first meeting shall
occur within 30 days of a quorum number of members appointed.
Subsequent appeal board meetings shall meet as needed, but no
fewer than at least quarterly, to fulfill the purposes provided
in this [subsection] section. 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.
[(c)] (c) Compensation.--The members shall receive no
payment for their services. Members who are not employes of
State government shall be reimbursed for expenses incurred in
the course of their official duties from funds appropriated for
the general government operations of the department.
(d) Duties of department.--The department shall provide
20210HB1626PN1802 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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) Open meetings.--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." 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.
Section 2. This act shall take effect immediately.
20210HB1626PN1802 - 5 -
1
2
3
4
5
6
7
8
9