Regular Session 2021-2022 House Bill 1685 P.N. 1904

PRINTER'S NO. 1904

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1685

Session of

2021

INTRODUCED BY TOPPER, GLEIM, HAMM, JAMES, PICKETT, RYAN, SMITH

AND THOMAS, JUNE 23, 2021

REFERRED TO COMMITTEE ON EDUCATION, JUNE 23, 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 pupils and attendance, providing

for transfer of attendance records to another school entity

or nonpublic school; in charter schools, further providing

for definitions, for powers of charter schools, for charter

school requirements, for powers of board of trustees, for

establishment of charter school, for contents of application,

for term and form of charter, providing for amendments and

further providing for State Charter School Appeal Board, for

facilities, for enrollment, for multiple charter school

organizations, for cyber charter school requirements and

prohibitions, for school district and intermediate unit

responsibilities, for establishment of cyber charter school

and for cyber charter school application; and, in

reimbursements by Commonwealth and between school districts,

further providing for Commonwealth reimbursements for charter

schools and cyber charter schools.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 1313.2. Transfer of Attendance Records to Another

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

transfers to another school entity or nonpublic school within

this Commonwealth, a copy of the student's attendance record

shall be transmitted to the school entity or nonpublic school to

which the student has transferred.

(2) The school entity or nonpublic school to which the

student has transferred shall request the attendance record.

(3) The sending school entity or nonpublic school shall have

ten (10) days from the receipt of the request to provide a copy

of the student's attendance record.

(b) In the case of a student transferring during the course

of a school term, the student's unexcused absences shall be

included in the student's attendance record at the school entity

or nonpublic school to which the student has transferred for

that school term.

means a public school district, charter school, cyber charter

school, regional charter school, intermediate unit or area

vocational-technical school.

Section 2. Section 1703-A of the act is amended to read:

Section 1703-A. Definitions.--As used in this article,

"Administrator" shall include an employe of a charter school

entity, including the chief administrator of a charter school

entity and any other employe, who by virtue of the employe's

position is responsible for taking official action of a

nonministerial nature with regard to contracting or procurement,

administering or monitoring grants or subsidies, managing or

regulating staff, student and school activities or any activity

where the official action has an economic impact of greater than

a de minimis nature on the interests of any person.

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

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(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.

"Appeal board" shall mean the State Charter School Appeal

Board established by this article.

"Assessment" shall mean the Pennsylvania System of School

Assessment test, the Keystone Exam or another test established

or approved by the State board or the General Assembly to meet

the requirements of section 2603-B or 2604-B or 22 Pa. Code §

4.51 (relating to State assessment system) or required under t he

Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802)

or its successor Federal statute.

"At-risk student" shall mean a student at risk of educational

failure because of limited English proficiency, poverty,

community factors, truancy, academic difficulties or economic

disadvantage.

"Charter school" shall mean an independent public school

established and operated under a charter from the local board of

school directors and in which students are enrolled or attend. A

charter school must be organized as a public, nonprofit

corporation. Charters may not be granted to any for-profit

entity.

["Chief executive officer" shall mean an individual appointed

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by the board of trustees to oversee and manage the operation of

the charter school, but who shall not be deemed a professional

staff member under this article.]

"Charter school entity" shall mean a charter school, regional

charter school or cyber charter school.

"Charter school foundation" shall mean a nonprofit

organization under section 501(c)(3) of the Internal Revenue

Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), that

provides funding, resources or otherwise serves to support a

charter school entity, either directly or through an affiliated

entity.

"Chief administrator" shall mean an individual appointed by a

board of trustees to oversee and manage the operation of a

charter school entity. The term shall not include a professional

staff member under this article.

"Community college" shall mean a community college

established under Article XIX-A.

"Cyber charter school" shall mean an independent public

school established and operated under a charter from the

Department of Education and in which the school uses technology,

including electronic or digital books, in order to provide a

significant portion of its curriculum and to deliver a

significant portion of instruction to its students through the

Internet or other electronic means. A cyber charter school must

be organized as a public, nonprofit corporation. A charter may

not be granted to a for-profit entity.

"Department" shall mean the Department of Education of the

Commonwealth.

"Educational management service provider" shall mean a

nonprofit or for-profit entity with which a board of trustees of

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a charter school entity contracts to provide management or

operation of all or substantially all of the charter school's

functions, or all or substantially all of the charter school's

instructional, curricular or administrative functions. The term

shall not include a charter school foundation.

"Family member" shall mean a parent, 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 or other governing authority of a school district in

which a proposed or an approved charter school is located.

"Nonrelated" shall mean an individual who is not a family

member.

"Regional charter school" shall mean an independent public

school established and operated under a charter from more than

one local board of school directors and in which students are

enrolled or attend. A regional charter school must be organized

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

to any for-profit entity.

"School district of residence" shall mean the school district

in this Commonwealth in which [the parents or guardians of a

child reside.] a child resides as determined under section 1302

and 22 Pa. Code § 11.11(a)(1) (relating to entitlement of

resident children to attend public schools).

"School entity" shall mean a school district, intermediate

unit, joint school or area 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

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Commonwealth.

Section 3. Section 1714-A(a) of the act is amended by adding

a paragraph to read:

Section 1714-A. Powers of Charter Schools.--(a) A charter

school 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:

* * *

(8) Offer instruction via the Internet or other electronic

means, except that the instruction shall not be recognized as a

cyber charter school under this article unless the charter

school or regional charter school establishes a cyber charter

school under section 1745-A. The decision by a charter school to

offer instruction via the Internet or other electronic means

shall not be subject to section 1720.1-A or approval of the

local board of school directors.

* * *

Section 4. Sections 1715-A, 1716-A, 1717-A, 1719-A and 1720-

A of the act are amended to read:

Section 1715-A. Charter School Entity Requirements.--(a)

Charter [schools] school entities shall be required to comply

with the following provisions:

(1) Except as otherwise provided in this article, a charter

school entity is exempt from statutory requirements established

in this act, from regulations of the State board and the

standards of the secretary not specifically applicable to

charter [schools] school entities. Charter [schools] school

entities are not exempt from statutes applicable to public

schools other than this act.

(2) A charter school entity shall be accountable to the

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parents, the public and the Commonwealth, with the delineation

of that accountability reflected in the charter. Strategies for

meaningful parent and community involvement shall be developed

and implemented by each school.

(3) A charter school entity shall not unlawfully

discriminate in admissions, hiring or operation.

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

operations.

(5) [A] (i) Subject to subparagraph (ii), a charter school

entity shall not provide any religious instruction, nor shall it

display religious objects and symbols on the premises of the

charter school entity.

(ii) It shall not be a violation of this paragraph for a

charter school entity to utilize a sectarian facility:

(A) if the charter school entity provides for discrete and

separate entrances to buildings utilized for school purposes

only;

(B) if the religious objects and symbols within the portions

of the facility utilized by the school are covered or removed to

the extent reasonably feasible; or

common areas contain religious symbols and objects.

(6) A charter school entity shall not advocate unlawful

behavior.

(7) A charter school entity shall only be subject to the

laws and regulations as provided for in section 1732-A, or as

otherwise provided for in this [article] act.

(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), or subsequent regulations

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promulgated to replace 22 Pa. Code Ch. 5, in the manner in which

the school district in which the charter school entity is

located is scheduled to participate.

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

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

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

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

secondary level. Nothing in this clause shall preclude the use

of computer and satellite linkages for delivering instruction to

students.

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

school entities shall be subject to the following statutory

requirements governing construction projects and construction-

related work:

(i) The following provisions of this act:

(A) Sections 751 and 751.1.

(B) Sections 756 and 757 insofar as they are consistent with

the act of December 20, 1967 (P.L.869, No.385), known as the

"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[.

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

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school shall not receive compensation from another charter

school or from a company that provides management or other

services to another charter school. The term "administrator"

shall include the chief executive officer of a charter school

and all other employes of a charter school who by virtue of

their positions exercise management or operational oversight

responsibilities. A person who serves as an administrator for a

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

11 (relating to ethics standards and financial disclosure). A

violation of this clause shall constitute a violation of 65

Pa.C.S. § 1103(a) (relating to restricted activities), and the

violator shall be subject to the penalties imposed under the

jurisdiction of the State Ethics Commission.] for the purposes

of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial

disclosure) and shall file a statement of financial interests

for the preceding calendar year with the State Ethics Commission

and either the local board of school directors in the case of a

charter school or regional charter school, or the department in

the case of a cyber charter school, not later than May 1 of each

year that members hold the position and of the year after a

member leaves the position. All members of the board of trustees

of a charter school entity shall take the oath of office as

required under section 321 before entering upon the duties of

their office.

(b) An individual who serves as an administrator for a

charter school entity shall be a public employe for the purposes

of 65 Pa.C.S. Ch. 11 and shall file a statement of financial

interests for the preceding calendar year with the board of

trustees not later than May 1 of each year that the person holds

the position and of the year after the person leaves the

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position.

charter school entity may receive compensation from another

charter school entity or from an educational management service

provider, unless:

(i) The administrator has submitted a sworn statement to the

board of trustees of the charter school entity and the sworn

statement details the work for the other entity and includes the

projected number of hours, rate of compensation and projected

duration.

(ii) The board of trustees of the charter school entity has

reviewed the sworn statement under subparagraph (i) and agreed,

by resolution, to grant permission to the administrator.

(2) A copy of the sworn statement under paragraph (1)(i) and

the resolution by the board of trustees granting the permission

under paragraph (1)(ii) shall be provided to, and kept on file

with, the charter school entity and the local board of school

directors or, in the case of a cyber charter school, the

department.

(3) No administrator of a charter school entity or family

member of the administrator may serve as a voting member of the

board of trustees of the charter school entity that employs the

administrator.

(4) (i) No administrator of a charter school entity may

participate in the selection, award or administration of a

contract if the person has a conflict of interest as that term

is defined in 65 Pa.C.S. § 1102 (relating to definitions).

(ii) An administrator who knowingly violates this paragraph

commits a violation of 65 Pa.C.S. § 1103(a) (relating to

restricted activities) and shall be subject to the penalties

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imposed under the jurisdiction of the State Ethics Commission.

(iii) Any contract made in violation of this paragraph shall

be voidable by the board of trustees of the charter school

entity.

(5) An administrator shall be immediately dismissed upon

conviction for an offense graded as a felony, an infamous crime,

an offense pertaining to fraud, theft or mismanagement of public

funds or any crime involving moral turpitude.

(d) As used in this section, "charter school entity" shall

mean a charter school, regional charter school or cyber charter

school.

Section 1716-A. Powers of Board of Trustees.--(a) The board

of trustees of a charter school shall have the authority to

decide matters related to the 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 that is located in the member's district.

(b.1) (1) For a charter school or regional charter school

chartered after the effective date of this subsection, an

individual shall be prohibited from serving as a voting member

of the board of trustees of the charter school or regional

charter school if the individual or a family member receives

compensation from or is employed by or is a member of the local

board of school directors who participated in the initial

review, approval, oversight, evaluation or renewal process of

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the charter school or regional charter school chartered by that

board.

(b.2) (1) No member of the board of trustees of a charter

school entity may participate in the selection, award or

administration of any contract if the member has a conflict of

interest as that term is defined in 65 Pa.C.S. § 1102 (relating

to definitions).

(2) Any member of the board of trustees of a charter school

entity who in the discharge of the person's official duties

would be required to vote on a matter that would result in a

conflict of interest shall abstain from voting and follow the

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

restricted activities).

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

entity who knowingly violates this subsection commits a

violation of 65 Pa.C.S. § 1103(a) and shall be subject to the

penalties imposed under the jurisdiction of the State Ethics

Commission.

(4) A contract made in violation of this subsection shall be

voidable by a court of competent jurisdiction if the suit is

commenced within ninety (90) days of the discovery of the

violation.

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

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

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

entity shall be automatically disqualified and immediately

removed from the board of trustees upon conviction for an

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

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of the board of trustees or any crime involving moral turpitude.

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

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

(d) (1) (i) The board of trustees of a charter school

entity shall consist of a minimum of five (5) nonrelated voting

members.

(ii) If a charter school entity has fewer than five (5)

nonrelated voting members serving on its board of trustees on

the effective date of this subsection, the charter school entity

shall, within one hundred eighty (180) days, appoint additional

members to the board of trustees to meet the minimum

requirements of this section.

(2) Within one (1) year of the effective date of this

subsection, at least one member of the board of trustees of a

charter school entity shall be a parent of a child currently

attending the charter school entity. The board of trustees

member provided for under this paragraph shall be eligible to

serve only so long as the child attends the charter school

entity. This paragraph shall not apply to a charter school that

primarily serves adjudicated youth.

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

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

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

meeting.

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

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

required in order to take official action on the subjects

enumerated under subsection (a).

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

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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 entity. 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 include the following:

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

enrollment and reporting to the Commonwealth.

(2) Full review of expense reimbursements for board of

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 and 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, code of ethics, conflicts of interest,

whistle-blower protections, complaints from parents or the

public, compliance with 65 Pa.C.S. Ch. 7, finances, budgeting,

audits, public bidding and bonding.

(g) The certified audit under subsection (f) and the annual

budget under subsection (i) are public documents and shall be

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made available on the charter school entity's publicly

accessible Internet website, if available, and, in the case of a

charter school or regional charter school, on the school

district's publicly accessible Internet website.

(h) A charter school entity may be subject to an annual

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

required by Federal law or this act.

(i) A charter school entity shall annually provide the

department and, in the case of a charter school or regional

charter school, shall annually provide the school district with

a copy of the annual budget for the operation of the charter

school entity that identifies the following:

(1) The source of funding for all expenditures.

(2) Where funding is provided by a charter school

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

the funds.

(3) The salaries of all administrators of the charter school

entity.

(4) All expenditures to an educational management service

provider.

(j) (1) Notwithstanding any other provision of law, a

charter school entity and any affiliated charter school

foundation shall make copies of its annual Federal and State tax

filings available upon request and on the charter school

entity's or foundation's publicly accessible Internet website,

if available, including the Internal Revenue Service Form 990,

Return of Organization Exempt from Income Tax and all related

schedules and appendices.

(2) The charter school foundation shall also make copies of

its annual budget available upon request and on the foundation's

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or the charter school entity's publicly accessible Internet

website within thirty (30) days of the close of the foundation's

fiscal year.

(3) The annual budget shall include the salaries of all

employes of the charter school foundation.

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

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

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(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

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

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school directors shall grant or deny the application. For a

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

board of school directors shall grant or deny the application no

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

(2) A charter school application submitted under this

article shall be evaluated by the local board of school

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

following:

(i) The demonstrated, sustainable support for the charter

school plan by teachers, parents, other community members and

students, including comments received at the public hearing held

under subsection (d).

(ii) The capability of the charter school applicant, in

terms of support and planning, to provide comprehensive learning

experiences to students pursuant to the adopted charter.

(iii) The extent to which the application considers the

information requested in section 1719-A and conforms to the

legislative intent outlined in section 1702-A.

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

model for other public schools and share best practices.

(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,

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

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

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

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

description of deficiencies in the application, shall be clearly

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

to the charter school applicant.

(f) At the option of the charter school applicant, a denied

application may be revised and resubmitted to the local board of

school directors. Following the appointment and confirmation of

the Charter School Appeal Board under section 1721-A, the

decision of the local board of school directors may be appealed

to the appeal board pursuant to section 1721-A. When an

application is revised and resubmitted to the local board of

school directors, the board may schedule additional public

hearings on the revised application. The board shall consider

the revised and resubmitted application at the first board

meeting occurring at least forty-five (45) days after receipt of

the revised application by the board. For a revised application

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

consider the application at the first board meeting occurring at

least thirty (30) days after its receipt. The board shall

provide notice of consideration of the revised application under

[the "Sunshine Act."] 65 Pa.C.S. Ch. 7. No appeal from a

decision of a local school board may be taken until July 1,

1999.

(g) (1) Notwithstanding the provisions of subsection (e)

(5), failure by the local board of school directors to hold a

public hearing and to grant or deny the application for a

charter school within the time periods specified in subsections

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(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 review the application and make a

decision to grant or deny a charter based on the criteria

established in subsection (e)(2).] shall cause the charter

application to be deemed approved for a term of five (5) years

beginning in the school year proposed in the application, the

school year beginning immediately subsequent to approval or the

following school year, as determined at the charter school's

sole and absolute discretion.

(2) Upon a determination under paragraph (1), the charter

school shall provide written notice of the beginning of the

charter term to the local board of directors of a school

district or school districts, as appropriate. The charter

school's provision of written notice of the beginning of the

charter term to the local board of directors of a school

district or school districts 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.

(3) If the local board of directors fails to grant the

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

of the beginning of the charter term, the charter shall be

deemed to be approved and shall be signed by the chairman of the

appeal board.

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

application that is revoked or is not renewed, the appeal board

shall make its decision based on the criteria established in

subsection (e)(2). A decision by the appeal board under this

20210HB1685PN1904 - 20 -

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 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 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. The appeal process shall be conducted pursuant to

section 1721-A.

(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

20210HB1685PN1904 - 21 -

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

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

20210HB1685PN1904 - 22 -

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

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 and specifically articulate its reasons for

agreeing or disagreeing with those findings in its 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

20210HB1685PN1904 - 23 -

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

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 of the appeal board.

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

appellate review by the Commonwealth Court.] A charter school

applicant whose charter application has been denied shall file a

notice of appeal to the appeal board within ninety (90) days

after receipt by the application of the written notice of the

local board of school directors action denying the application

and the reasons for the denial. The appeal process shall proceed

pursuant to section 1721-A.

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

department shall create a standard application form for charter

school applicants seeking to establish a charter school entity

and a standard application form for existing charter school

entities seeking renewal of their charters. The department shall

transmit notice of the forms to the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin, and the forms

shall be posted on the department's publicly accessible Internet

website.

(b) The standard application shall include [all of] only the

20210HB1685PN1904 - 24 -

following information:

(1) The identification of the charter school applicant.

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

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

(4) [The proposed governance structure of the charter

school, including a description and method for the appointment

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

organization chart clearly presenting the proposed governance

structure of the school, including lines of authority and

reporting between the board of trustees, administrators, staff

and any educational management service provider that will

provide management services to the charter school entity.

(4.1) A clear description of the roles and responsibilities

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

including a charter school foundation, shown in the organization

chart.

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

or election of members of the board of trustees.

(4.3) Standards for board of trustees' performance,

including compliance with all applicable laws, regulations and

terms of the charter.

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

an educational management service provider for services, all of

the following shall apply:

(i) Evidence of the educational management service

provider's record in serving student populations, including

demonstrated academic achievement and demonstrated management of

nonacademic school functions, including proficiency with public

school-based accounting, if applicable.

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

20210HB1685PN1904 - 25 -

provider has been engaged by the charter school entity, stating

all of the following:

(A) The officers, chief administrator and administrators of

the educational management service provider.

(B) The proposed duration of the service contract.

school staff and the educational management service provider.

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

provided by the educational management service provider.

(E) Performance evaluation measures and timelines.

(F) The compensation structure, including clear

identification of all fees to be paid to the educational

management service provider.

(G) Methods of contract oversight and enforcement.

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

educational management service provider on behalf of the charter

school entity.

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

(iii) Disclosure and explanation of any existing or

potential conflicts of interest between the members of the board

of trustees and the proposed educational management service

provider or any affiliated business entities, including a

charter school foundation qualified as a support organization

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

U.S.C. § 1 et seq.).

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

entity, the curriculum to be offered and the methods of

assessing whether students are meeting educational goals.

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

evaluating the admission of students] which shall comply with

20210HB1685PN1904 - 26 -

the requirements of section 1723-A.

(7) Procedures which will be used regarding the suspension

or expulsion of pupils. Said procedures shall comply with

section 1318.

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

be involved in the charter school entity planning process.

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

provisions which will be made for auditing the school under

[section 437] sections 437, 1716-A and 1728-A, including the

role of any charter school foundation.

(10) Procedures which shall be established to review

complaints of parents regarding the operation of the charter

school entity.

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

in which the charter school entity will be located and the

ownership thereof and any lease arrangements.

(12) Information on the proposed school calendar for the

charter school entity, including the length of the school day

and school year consistent with the provisions of section 1502.

(13) The proposed faculty, if already determined, and a

professional development and continuing education plan for the

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

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

developed with the local school district regarding participation

of the charter school entity students in extracurricular

activities within the school district. Notwithstanding any

provision to the contrary, no school district of residence shall

prohibit a student of a charter school entity from participating

in any extracurricular activity of that school district of

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

20210HB1685PN1904 - 27 -

the requirements of participation in such activity and the

charter school entity does not provide the same extracurricular

activity.

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

and employment history reviews, pursuant to [section 111]

sections 111 and 111.1, for all individuals identified in the

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

plan for satisfying the proper criminal history record

clearances and employment history reviews required for all other

staff.

(16) An official clearance statement regarding child injury

or abuse from the Department of [Public Welfare] Human Services

as required by 23 Pa.C.S. Ch. 63 Subch. [C.2 (relating to

background checks for employment in schools)] C (relating to

powers and duties of department) and section 111 for all

individuals identified in the application who shall have direct

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

official clearance statement regarding child injury or abuse

required for all other staff.

(17) How the charter school entity will provide adequate

liability and other appropriate insurance for the charter school

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

school[.] entity.

(18) Policies regarding truancy, absences and withdrawal of

students, including the manner in which the charter school

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

and the truancy provisions under Article XIII.

(19) Indicate whether the charter school entity will seek

accreditation by a nationally recognized accreditation agency,

including the Middle States Association of Colleges and Schools

20210HB1685PN1904 - 28 -

or another regional institutional accrediting agency recognized

by the United States Department of Education or an equivalent

federally recognized body for charter school education.

information:

(1) The name of the charter school entity.

(2) The name and contact information for the chief

administrator.

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

entity.

(4) The physical location of the charter school entity and

the ownership thereof and any lease arrangements.

(5) An organization chart clearly presenting the governance

structure of the charter school entity, including lines of

authority and reporting between the board of trustees,

administrators, staff and any educational management service

provider that will provide management services to the charter

school entity.

(6) A clear description of the roles and responsibilities of

the board of trustees, administrators and any other entities,

including a charter school foundation, shown in the organization

chart.

(7) A clear description of the method for the appointment or

election of members of the board of trustees.

(8) Standards for board of trustees' performance, including

compliance with all applicable laws, regulations and terms of

the charter.

(9) If the charter school entity contracts with an

educational management service provider for services, all of the

following shall apply:

20210HB1685PN1904 - 29 -

(i) Evidence of the educational management service

provider's record in serving student populations, including

demonstrated academic achievement and demonstrated management of

nonacademic school functions, including proficiency with public

school-based accounting, if applicable.

(ii) The executed contract between the charter school entity

and the educational management service provider, which shall

include all of the following:

(A) The officers, chief administrator and administrators of

the educational management service provider.

(B) The duration of the service contract.

school staff and the educational management service provider.

(D) The scope of services, personnel and resources provided

by the educational management service provider.

(E) Performance evaluation measures and timelines.

(F) The compensation structure, including clear

identification of all fees to be paid to the educational

management service provider.

(G) Methods of contract oversight and enforcement.

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

educational management service provider on behalf of the charter

school entity.

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

(iii) Disclosure and explanation of any existing conflicts

of interest between the members of the board of trustees and the

educational management service provider or any affiliated

business entities, including a charter school foundation

qualified as a support organization under the Internal Revenue

Code of 1986.

20210HB1685PN1904 - 30 -

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

entity, the curriculum to be offered and the methods of

assessing whether students are meeting educational goals.

(11) The admission and enrollment policy which shall comply

with the requirements of section 1723-A.

(12) Procedures used regarding the suspension or expulsion

of pupils. Said procedures shall comply with section 1318.

(13) Information on the manner in which community groups are

involved in the charter school entity.

(14) The annual audits conducted under section 1716-A(f) and

the annual budget under section 1716-A(i) for the years since

the charter school entity was approved or renewed.

(15) Procedures established to review complaints of parents

regarding the operation of the charter school entity.

(16) Information on the school calendar for the charter

school entity, including the length of the school day and school

year consistent with the provisions of section 1502.

(17) The faculty and the professional development and

continuing education plan for the faculty and professional staff

of the charter school entity.

(18) Whether any agreements have been entered into with the

local school district regarding participation of the charter

school entity students in extracurricular activities within the

school district. Notwithstanding any provision to the contrary,

no school district of residence shall prohibit a student of a

charter school entity from participating in an extracurricular

activity of the school district of residence if:

(i) the student is able to fulfill all of the requirements

of participation in the activity; and

(ii) the charter school entity does not provide the same

20210HB1685PN1904 - 31 -

activity.

(19) Reports of criminal history records and employment

history reviews, pursuant to sections 111 and 111.1, for all

individuals who shall have direct contact with students and the

plan for satisfying the proper criminal history record

clearances and employment history reviews required for all other

staff.

(20) An official clearance statement regarding child injury

or abuse from the Department of Human Services as required by 23

Pa.C.S. Ch. 63 Subch. C and section 111 for all individuals 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.

(21) How the charter school entity provides adequate

liability and other appropriate insurance for the charter school

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

school entity.

(22) Policies regarding truancy, absences and withdrawal of

students, including the manner in which the charter school

entity monitors attendance consistent with section 1715-A(9) and

the truancy provisions under Article XIII.

(23) An indication whether the charter school entity is or

will seek accreditation by a nationally recognized accreditation

agency, including the Middle States Association of Colleges and

Schools or another regional institutional accrediting agency

recognized by the United States Department of Education or an

equivalent federally recognized body for charter school

education.

(d) A local board of school directors shall not impose

additional terms, develop its own application or require

20210HB1685PN1904 - 32 -

additional information outside the standard application forms

required under subsection (a).

(e) The department shall review the standard application and

renewal application form every three (3) years and shall submit

any recommended revisions in writing to the Education Committee

of the Senate and the Education Committee of the House of

Representatives. No such recommended revisions shall be made to

the standard application forms unless the revisions are enacted

by the General Assembly.

(f) Pursuant to subsection (a), the department shall post

the standard application and renewal application on its publicly

accessible Internet website no later than August 1, 2021.

(g) The standard application and renewal application shall

be used by charter school applicants and charter school

operators beginning in the 2022-2023 school year.

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

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

written charter shall be developed which shall contain the

provisions of the standard charter application under section

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

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

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

charter school or by the chairman of the appeal board pursuant

to [section 1717-A(i)(5)] sections 1717-A(g) and (i)(9) and

1721-A and the board of trustees of the charter school or

regional charter school. This written charter, when duly signed

by the local board of school directors [of a school district,

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

district] in the case of a regional charter school or by the

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

20210HB1685PN1904 - 33 -

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

authorization for the establishment of a charter school or

regional charter school. This written charter shall be legally

binding on both the local board of school directors [of a school

district] and the charter school or regional charter school's

board of trustees. [Except as otherwise provided in subsection

(b), the charter shall be for a period of no less than three (3)

nor more than five (5) years and may be renewed for five (5)

year periods upon reauthorization by the local board of school

directors of a school district or the appeal board.] If the

charter school or regional charter school contracts with an

educational management service provider, a contract shall be

executed when the charter is approved. A charter will be granted

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

(b) (1) Notwithstanding subsection [(a)] (c), a governing

board of a school district of the first class may renew a

charter for a period of one (1) year if the board of school

directors determines that there is insufficient data concerning

the charter school's academic performance to adequately assess

that performance and determines that an additional year of

performance data would yield sufficient data to assist the

governing board in its decision whether to renew the charter for

a period of five (5) years.

(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.

20210HB1685PN1904 - 34 -

local board of school directors and the State Charter School

Appeal Board:

(1) An initial charter executed pursuant to subsection (a)

shall be for a period of five (5) years.

(2) For charter schools and regional charter schools, a

charter may be renewed for ten (10) year periods upon

reauthorization by the local board of school directors or the

appeal board.

(d) (1) A charter school or regional charter school shall

submit a renewal application as provided under section 1719-A(a)

with the local board of school directors by October 1 of the

final year of the charter.

(2) Within one hundred twenty (120) days of the receipt of

the complete renewal application, the local board of school

directors shall vote to renew or not renew the charter.

(3) Failure by the local board of school directors to adhere

to paragraph (2) shall result in the charter being renewed for

ten (10) years, subject to the provisions of section 1723-A

regarding enrollment.

(4) A renewal under this subsection shall serve as a

requirement for the local board of school directors to sign the

written charter of the charter school as provided for in section

1720-A. Should the district fail to sign the charter within ten

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

to be approved and shall be signed by the chairman of the appeal

board.

(5) Unless otherwise provided in this article, for any

period in which the charter school operates without a duly

signed written charter, the terms and conditions contained in

the charter school's most recent written charter shall continue

20210HB1685PN1904 - 35 -

in force and in effect.

(e) A written charter shall terminate only in accordance

with the provisions of section 1729-A. Any provision of a

written charter purporting to waive or limit a charter school's

rights of appeal to the appeal board shall be null and void.

Section 5. The act is amended by adding a section to read:

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

(b) and (c), a charter school or regional charter school may

request amendments to its approved written charter by filing a

standard amendment application describing the requested

amendment with the local board of school directors no later than

October 15 of the school year prior to the school year in which

the amendment would take effect. Approval from the local board

of school directors is required only for material changes to the

written charter.

(b) Notwithstanding the notice requirements of subsection

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

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

due to its inability to acquire services or products outlined in

a charter or facility damage, the charter school or regional

charter school shall immediately notify the local board of

school directors of the necessity for an emergency amendment,

which shall be effective immediately as a temporary amendment

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

and (g).

charter school may only request amendments in years two through

nine of the charter term. For a five-year charter, a charter

school or regional charter school may only request amendments in

year two, three or four of the charter term.

20210HB1685PN1904 - 36 -

(d) The department shall create a standard amendment

application form for a charter school entity seeking to amend

its approved written charter agreement. The department shall

transmit notice of the form to the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin, and the forms

shall be posted on the department's publicly accessible Internet

website.

(1) The standard amendment application shall include only

the following information:

(i) The name of the charter school entity.

(ii) The name and contact information for the chief

administrator.

(iii) The physical location of the charter school entity and

the ownership thereof and any lease arrangements.

(iv) The amendments being requested to the approved written

charter agreement and the reason for requesting these

amendments.

(2) The department shall review the standard amendment

application every three (3) years and shall submit any

recommended revisions in writing to the Education Committee of

the Senate and the Education Committee of the House of

Representatives. No such recommended revisions shall be made to

the standard amendment application unless the revisions are

enacted by the General Assembly.

(e) Pursuant to subsection (b), the department shall post

the standard amendment application on its publicly accessible

Internet website no later than August 1, 2021.

(1) The standard amendment application shall be used by

charter school operators beginning in the 2022-2023 school year.

(2) A local board of school directors shall not impose any

20210HB1685PN1904 - 37 -

additional requirements for the submission, review and approval

of a charter amendment application.

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

amendment application, the local board of school directors shall

hold a public hearing on the requested amendment pursuant to 65

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

(g) Within sixty (60) days after the hearing required under

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

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

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

the requested amendment within the time periods specified in

this section shall be deemed an approval, after which the

amended charter shall be legally binding on both the local board

of school directors and the board of trustees of the charter

school or regional charter school.

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

regional charter school also may request amendments to its

approved written charter at the time of renewal. Charter

amendment requests made at the time of renewal shall be

considered distinct requests that shall be subject to

independent approval or denial by the local board of school

directors, in accordance with the provisions of this section.

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

requested amendment under this section to the appeal board

provided for under section 1721-A.

(j) The amendment process set forth in this section shall

not be required for:

(1) The enrollment expansion at a charter school or regional

charter school which has no restrictions on enrollment. Under

this paragraph, a charter school or regional charter school

20210HB1685PN1904 - 38 -

shall notify the authorizing school district or districts if it

intends to expand enrollment by more than ten per centum no

later than December 15 of the school year prior to the school

year in which enrollment would be expanded except notice may be

given at any time in the case of an emergency which requires

increased enrollment. The notification shall include the

following:

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

following school year.

(ii) If applicable, a description of any changes to an

existing facility needed to accommodate the planned enrollment

levels.

(2) A change to the location of a facility or facilities

within the boundaries of the authorizing district or districts

for a charter school or regional charter school which has no

other restrictions. Under this paragraph, a charter school or

regional charter school shall notify the authorizing school

district or districts if it intends to change the location of a

facility or facilities no later than December 15 of the school

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

take place except notice may be given at any time in the case of

an emergency related to the facility. The notification shall

include the following:

(i) A description of the proposed new facility.

(ii) Information showing that the proposed new facility is

suitable in accordance with the applicable school facility

requirements, including zoning, license and certification of

occupancy requirements.

(3) A charter school or regional charter school seeking to

operate a school at more than one location. A charter school or

20210HB1685PN1904 - 39 -

regional charter school may operate at more than one location

within the district or districts that authorized the charter

without requesting an amendment if operation in more than one

location is permitted by the terms of the charter.

(4) The addition of grade spans or grades that were included

in the approved charter application but not currently

implemented at the charter school.

(i) A charter school or regional charter school which is

implementing such grade span or grades shall notify the

authorizing school district or districts if it intends to add

such grade span or grades no later than October 1 of the school

year prior to the school year in which the grade span or grades

will be implemented.

(ii) Such notice shall include references to the charter

application which references the grade span or grades to be

implemented and a staffing plan for the subject grades.

(5) A change to the charter school's name.

(i) The charter school shall submit notice to the

authorizing district or districts that it has changed the name

of the charter school.

(ii) Such notice shall include a certification that such a

name change was approved by the charter school's board of

trustees at a public meeting and conducted in accordance with 65

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

(6) Changes to the charter school's mission statement. A

charter school is not required to provide notice to the

authorizing district or districts that it has made changes to

its mission statement.

(7) Changes to a charter school's educational programs,

curriculum and school design that do not fundamentally change

20210HB1685PN1904 - 40 -

the charter school's approved educational approach. A charter

school is not required to provide notice to the authorizing

district or districts in accordance with 1716-A(a).

(8) For purposes of this section, an "emergency" shall mean

a manmade or natural disaster, including, but not limited to,

damage to a school building, another circumstance rendering a

school building unfit or unsafe for use, a disease epidemic or a

hazardous weather condition. If another emergency arises that

requires expanded enrollment or a change in facility, the

charter school or regional charter school must consult with the

authorizing school district or school districts.

Section 6. Sections 1721-A, 1722-A, 1723-A and 1729.1-A(b)

and (f) 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 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

20210HB1685PN1904 - 41 -

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

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 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.

(f) (1) An applicant who submits a charter application under

20210HB1685PN1904 - 42 -

section 1717-A or 1745-A and whose application is denied shall

have the right to appeal the decision made by local boards of

school directors or the department not to grant the charter

application. A charter school applicant whose charter

application has been denied shall file a notice of appeal to the

appeal board within ninety (90) days after receipt by the

application of the written notice of the local board of school

directors or the department's action denying the application and

the reasons for the denial.

(2) A charter school entity shall have the option to appeal

a decision made by the authorizing district, districts or the

department in accordance with subsection (g), including, but not

limited to, a charter renewal, a charter amendment and an

application for consolidation. A charter school entity shall

file a notice of appeal to the appeal board within ninety (90)

days after receipt by the application of the written notice of

the local board of school directors or the department's action

denying the application and the reasons for the denial.

(3) A written charter shall terminate only in accordance

with the provisions of section 1729-A. Any provision of a

written charter purporting to waive or limit a charter school's

rights of appeal to the appeal board shall be null and void.

(4) Unless otherwise provided in this article, for any

period in which the charter school operates without a duly

signed written charter, the terms and conditions contained in

the charter school's most recent written charter shall continue

in force and in effect.

(g) (1) In any appeal, the decision made by the authorizing

district, districts or the department shall be reviewed by the

appeal board on the record as certified by the authorizing

20210HB1685PN1904 - 43 -

district, districts or the department. The appeal board shall

give due consideration to the findings of the authorizing

district, districts or the department and specifically

articulate its reasons for agreeing or disagreeing with those

findings in its written decision. The appeal board shall have

the discretion to allow the authorizing district, districts or

the department and the charter school applicant to supplement

the record if the supplemental information was previously

unavailable. The secretary shall recuse himself or herself 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.

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

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

publicly to officially review the appeal.

(3) Not later than thirty (30) days following the public

meeting conducted pursuant to paragraph (2), the appeal board

shall issue a written decision granting or denying the appeal.

Notice of a decision by the appeal board shall be provided to

both parties.

(4) (i) In the case of a charter application, the appeal

board shall make its decision based on the criteria provided in

section 1717-A(e)(2).

(ii) In the case of a consolidation application, the appeal

board shall make its decision based on whether the proposed

consolidation satisfies the requirements of section 1729.1-A(b)

and (c).

(5) If the appeal board fails to adhere to the time periods

specified in paragraph (2) or (3), the charter application,

charter renewal, charter amendment, consolidation or other item

20210HB1685PN1904 - 44 -

being considered will be deemed to be approved as follows:

(i) A charter application shall be deemed approved for a

term of five (5) years beginning in the school year proposed in

the application, the school year beginning immediately

subsequent to approval, or the following school year as

determined in the charter school's sole and absolute discretion.

The approved charter shall be legally binding on the authorizing

district, districts or the department and the board of trustees

of the charter school entity. Upon a determination under this

subparagraph, the charter school entity shall provide written

notice of the beginning of the charter term to the appeal board

and the authorizing district, districts or the department. The

charter school entity's provision of written notice of the

beginning of the charter term shall serve as a requirement for

the authorizing district, districts or the department to sign

the written charter of the charter school as provided for in

section 1720-A.

(ii) A charter renewal shall be deemed approved for a term

of ten (10) years, subject to the provisions of section 1723-A

regarding enrollment. The renewed charter shall be legally

binding on the authorizing district, districts or the department

and the board of trustees of the charter school entity.

(iii) A charter amendment shall be deemed approved, after

which the amended charter shall be legally binding on the

authorizing district, districts or the department and the board

of trustees of the charter school entity.

(iv) A consolidation application shall be deemed approved,

after which the consolidation application shall be legally

binding on the authorizing district, districts or the department

and the board of trustees of the charter school entity.

20210HB1685PN1904 - 45 -

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

of the authorizing district, districts or the department shall

serve as a requirement for the authorizing school district,

school districts or the department to sign the written charter

of the charter school as provided for in section 1720-A. If the

authorizing district, districts or the department fail to sign

the charter within ten (10) days of notice of the reversal of

the decision of the authorizing district, districts or the

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

be signed by the chairman of the appeal board.

(7) 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.

Section 1722-A. Facilities.--(a) A charter school entity

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 entity facility shall be exempt from

public school facility regulations except those pertaining to

the health or safety of [the pupils.] students.

(b.1) (1) A charter school entity shall have the right of

first refusal to purchase or lease, for educational purposes

only, a public school building or a part of a public school

building that is no longer in use by a school entity which is

the property titleholder, at the price of one of the following:

(i) The last best offer above fair market value received in

20210HB1685PN1904 - 46 -

the ninety (90) days preceding the charter school entity's

offer.

(ii) Fair market value, if no offer has been received in the

ninety (90) days preceding the charter school entity's offer.

(iii) Below fair market value, upon the mutual agreement of

the school entity and the charter school entity.

(2) A school entity shall accept an offer from a charter

school entity that conforms to the provisions of paragraph (1).

(3) The department shall provide a page on its publicly

accessible Internet website on which school entities are

required to post a notice for each public school building or

part of a public school building that is available for purchase

or lease. A school entity shall submit a notice to the

department on a form developed by the department. The department

shall post the notice within five (5) days of receiving the

form.

(4) The following shall apply to the sale or lease of a

public school building or a part of a public school building by

a school entity:

(i) A school entity may not enter into a contract to sell or

lease a building or part of a building until at least thirty

(30) days after the posting of a notice as required under

paragraph (3).

(ii) If two or more charter school entities make offers on

the same building or part of a building that conforms to the

provisions of this subsection, the school entity shall:

(A) Accept the first offer, if the offers are equal in

dollar amount.

(B) Accept the best offer, if the offers differ in dollar

amount.

20210HB1685PN1904 - 47 -

(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.] a charter school or regional charter school that does

not have in the written charter any limits on student enrollment

or caps is permitted to operate the school at more than one

location within the district that authorized the charter.

(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 or an

associated nonprofit foundation, or owned by a nonprofit

corporation or nonprofit foundation and leased to a charter

school, cyber charter school or associated nonprofit foundation

at or below fair market value, that is occupied and used by any

charter school or cyber charter school 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 costs or expenses

for paving, curbing, sidewalks, sewers or other municipal

improvements, Provided, That any charter school or cyber charter

school or owner of property leased to a charter school or cyber

charter school 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 or associated nonprofit foundation with the

Commonwealth or a local taxing authority for payments in lieu of

20210HB1685PN1904 - 48 -

taxes prior to December 31, 2009, shall be null and void.

(3) This subsection shall apply retroactively to all charter

schools, cyber charter schools 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.

(f) School districts, intermediate units, community

colleges and institutions under Article XX-A shall provide a

cyber charter school with reasonable access to their facilities

for the administration of standardized testing as follows:

(1) A cyber charter school shall provide an intermediate

unit, school district, community college or institution under

Article XX-A with at least sixty (60) days' notice of the need

for facilities to be used for the administration of standardized

tests.

(2) Within thirty (30) days of the cyber charter school's

request, the intermediate unit, school district, community

college or institution under Article XX-A shall notify the cyber

charter school of the location of the facilities that will be

provided, which shall be a quiet, separate location in which

cyber charter school students will not be commingled with

students of the intermediate unit, school district, community

college or institution under Article XX-A.

(3) An intermediate unit, school district, community

college or institution under Article XX-A shall not be required

to make facilities available to a cyber charter school on dates

and at times that may cause undue interference with the

20210HB1685PN1904 - 49 -

educational programs of the intermediate unit, school district,

community college or institution under Article XX-A.

(4) Any facilities rental fee charged to the cyber charter

school and the payment thereof shall be in compliance with the

facility rental policy of the intermediate unit, school

district, community college or institution under Article XX-A

that applies generally to all organizations and community

groups.

(g) As used in this section, "charter school entity" shall

mean a charter school, regional charter school or cyber charter

school.

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 entity within the provisions of

subsection (b). [If] In the case of a charter school or regional

charter school, if more students apply to the charter school or

regional charter school than the number of attendance slots

available in the school, then students must be selected on a

random basis from a pool of [qualified applicants meeting the

established eligibility criteria and submitting an application]

eligible applicants who have submitted an enrollment form by the

deadline established by the charter school or regional charter

school, except that the charter school or regional charter

school may give preference in enrollment to a child of a parent

who has actively participated in the development of the charter

school [and] or regional charter school, to siblings of students

presently enrolled in the charter school or regional charter

school and to siblings of students selected for enrollment

during the lottery process. First preference shall be given to

20210HB1685PN1904 - 50 -

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 to the extent district enrollment

has not been capped under subsection (d)(1.1) .

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

waiting list following its initial selection of eligible

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

charter school shall select and enroll eligible applicants from

the waiting list as spaces become available. All children shall

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

selecting and enrolling eligible applicants from the waiting

list, a charter school or regional charter school shall give

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

those who reside in the district or districts in which the

charter school is physically located or in which the regional

charter school is chartered until the charter school or regional

charter school again reaches its maximum capacity of students.

If a charter school or regional charter school has a waiting

list, once the charter school or regional charter school has

exhausted the waiting list of resident children, it may then

enroll children on the waiting list who reside outside of the

district. Nonresident children shall also be selected and

enrolled on a random basis.

(3) The department, in consultation with representatives of

charter school entities, shall develop a standard enrollment

form in both paper and electronic formats that shall be used by

all eligible applicants to apply to a charter school entity. The

standard enrollment form shall only request the following

information necessary to allow the charter school entity to

identify the student, grade level and residency:

20210HB1685PN1904 - 51 -

(i) The student's name, physical address, telephone number,

age, birth date and current grade level.

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

address of the student's parent or guardian.

(4) The department shall review the standard enrollment

application form every three (3) years and shall submit any

recommended revisions in writing to the Education Committee of

the Senate and the Education Committee of the House of

Representatives. No revisions shall be made to the standard

enrollment form unless the revisions are enacted by the General

Assembly.

(5) The department shall post the standard enrollment form

on its publicly accessible Internet website no later than August

1, 2021.

(6) The standard enrollment form shall be used by charter

school entities to enroll students for the 2022-2023 school

year.

(7) The standard enrollment form shall be made physically

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

with Federal and State law, and posted on the publicly

accessible Internet website of each charter school entity, if

available. A charter school entity may accept the enrollment

form via paper or electronic means.

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

charter school entity shall not require or request information

beyond the contents of the standard enrollment form developed by

the department.

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

entity from requesting the submission of additional records and

information that public schools are entitled to receive after a

20210HB1685PN1904 - 52 -

student is accepted for admission to, and has indicated an

intent to enroll in, the charter school entity.

(10) As used in this subsection, "eligible applicant" shall

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

the charter school entity and meets the requirements of 22 Pa.

Code §§ 11.12 (relating to school age), 11.13 (relating to

compulsory school age), 11.14 (relating to admission to

kindergarten when provided), 11.15 (relating to admission of

beginners), 11.16 (relating to early admission of beginners) and

12.1 (relating to free education and attendance) and student

residency requirements.

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

its admission policies or practices on the basis of intellectual

ability, [except as provided in paragraph (2), or] athletic

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

with a disability, proficiency in the English language or any

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

(2) A charter school entity may limit [admission] its

academic focus to a particular grade level, a targeted

population group composed of at-risk students[, or areas of

concentration of the school such as mathematics, science or the

arts. A charter school may establish reasonable criteria to

evaluate prospective students which shall be outlined in the

school's charter.] or a specialized area or accelerated program

of study, such as mathematics, science or the arts. A performing

arts charter school entity may establish reasonable artistic

criteria for admission for grades nine through twelve, which

must be outlined in the school's charter to evaluate prospective

students for enrollment.

20210HB1685PN1904 - 53 -

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] Except as otherwise provided in this

subsection, enrollment of students in a charter school [or cyber

charter school] entity 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[, unless agreed to by the

charter school or cyber charter school as part of a written

charter pursuant to section 1720-A.] and shall not be imposed as

a condition of granting a charter or renewal of a charter. Any

provision contained in a written charter which imposes a cap or

otherwise limits enrollment at a charter school shall be valid

for the duration of the term of the written charter only. Any

provision that extends an enrollment cap beyond the term of the

written charter shall be null and void.

(1.1) Enrollment of students in a charter school or regional

charter school may be subject to a cap on 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 if agreed to by the charter school or regional charter

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

To the extent that the charter school agrees to a cap on

enrollment, the enrollment cap shall not preclude a charter

school from enrolling students from districts outside of the

physical location of the charter school or in the case of a

regional charter school, from districts outside of where the

20210HB1685PN1904 - 54 -

regional charter school is chartered.

(1.2) Except as otherwise provided in paragraph (1), nothing

in this section shall be construed to invalidate any provision

of a written charter which was duly signed and in effect prior

to the effective date of this act.

(1.3) Nothing in this section shall be construed to limit

the ability of a charter school entity to make determinations

regarding enrollment based on facility limitation, availability

of school resources to deliver educational programs, or

staffing.

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

charter school [or cyber charter school] entity regardless of

whether the charter was approved prior to or is approved

subsequent to the effective date of this subsection.

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

students enrolled in a charter school entity shall be governed

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

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

or service contract between a school district and a charter

school entity. Notwithstanding the above, absent language to the

contrary in a charter or service contract between a school

district and a charter school entity, a school district shall

not be obligated to fund a pre-kindergarten program if the

school district has exercised its discretion not to offer such a

program in its own schools.

(f) Upon notification of the nonrenewal or termination of a

charter under section 1729-A, a charter school may not enroll

new students unless the charter school files an appeal to the

charter school appeal board under section 1721-A. If the charter

school's appeal is denied by the charter school appeal board,

20210HB1685PN1904 - 55 -

the charter school must immediately stop enrolling new students.

Section 1729.1-A. Multiple Charter School Organizations.--*

* *

(b) (1) A charter school that, within either of the most

recent two (2) school years immediately preceding the date of

filing of the application for which data is available, 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] fiftieth 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.

(2) A charter school that has failed to meet any of the

requirements of paragraph (1) may consolidate if the

consolidation includes a charter school demonstrating that it

has satisfied [such requirements for the most recent two (2)

school years] the requirements of paragraph (1)(iii).

* * *

(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:

20210HB1685PN1904 - 56 -

(i) Review the decision made by either the department or the

school district on the record as certified by the entity that

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).

(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.] pursuant to section 1721-A.

* * *

Section 7. Section 1743-A(e) of the act is amended and the

section is amended by adding a subsection to read:

Section 1743-A. Cyber charter school requirements and

prohibitions.

* * *

20210HB1685PN1904 - 57 -

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

school shall:

(1) provide all instructional materials, which may

include electronic or digital books in place of textbooks;

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

to, a computer, computer monitor and printer, provided that a

parent or guardian of more than one child who is enrolled in

the same cyber charter school may elect not to receive a

separate computer, computer monitor and printer for each

enrolled child; and

(3) provide or reimburse for all technology and services

necessary for the on-line delivery of the curriculum and

instruction.

[The Commonwealth shall not be liable for any reimbursement owed

to students, parents or guardians by a cyber charter school

under paragraph (3).]

(e.1) The Commonwealth shall not be liable for any

reimbursement owed to students, parents or guardians by a cyber

charter school under subsection (e)(3).

* * *

Section 8. Sections 1744-A, 1745-A and 1747-A of the act are

amended to read:

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 days of

receipt of the notice of the admission of the student under

section 1748-A(a) with all records relating to the student,

20210HB1685PN1904 - 58 -

including transcripts, test scores and a copy of any

individualized education program for that student.

[(2) Provide the cyber charter school with reasonable

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.

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.

(a.1) Instruction.--The following shall apply:

(1) Nothing in this article shall be construed to

preclude a school district, an intermediate unit, a charter

school or a regional charter school from offering instruction

via the Internet or other electronic means, except that the

instruction shall not be recognized as a cyber charter school

under this article unless the school district, intermediate

20210HB1685PN1904 - 59 -

unit, charter school or regional charter school establishes a

cyber charter school under paragraph (3).

(2) The decision by a charter school or regional charter

school to offer instruction via the Internet or other

electronic means shall not be subject to section 1720.1-A or

approval of the local board of school directors.

(3) A cyber charter school may be established by a local

board of school directors, an intermediate unit, a charter

school or a regional charter school if the procedures and

requirements of this article are satisfied.

(4) The decision by a charter school or regional charter

school to establish a cyber charter school shall not be

subject to section 1720.1-A or approval of the local board of

school directors.

(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.

satisfy requirements for compulsory attendance.

(d) Application.--An application to establish a cyber

charter school shall be submitted to the department in

accordance with section 1747-A 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.--

(1) 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

20210HB1685PN1904 - 60 -

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.

(2) Failure by the department to adhere to paragraph (1)

shall result in the approval of the cyber charter school

application for a five-year term based on the terms proposed

in the charter application and subject to the provisions of

section 1723-A relating to enrollment limitations. An

approval under this paragraph shall serve as a requirement

for the department to sign the written charter of the charter

school as provided for under section 1720-A. If the

department fails to sign the charter within 10 days of notice

of the approval, the charter shall be deemed to be approved

and shall be signed by the chairperson of the appeal board.

(f) Evaluation criteria.--

(1) A cyber charter school application pursuant to

section 1747-A submitted under this subdivision shall be

evaluated by the department based on the following criteria:

(i) The demonstrated, sustainable support for the

cyber charter school plan by teachers, parents or

guardians and students.

(ii) The capability of the cyber charter school

applicant, in terms of support and planning, to provide

comprehensive learning experiences to students under the

charter.

(iii) The extent to which the programs outlined in

the application will enable students to meet the academic

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

standards and assessment) or subsequent regulations

20210HB1685PN1904 - 61 -

promulgated to replace 22 Pa. Code Ch. 4.

(iv) The extent to which the application meets the

requirements of section 1747-A.

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

serve as a model for other public schools.

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

be sent by certified mail to the applicant and published on

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

Internet website. If the application is denied, the reasons

for denial, including a description of deficiencies in the

application, shall be clearly stated in the notice.

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

a written charter shall be developed which shall contain the

provisions of the charter application and be signed by the

secretary and each member of the board of trustees of the

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

act as legal authorization of the establishment of a cyber

charter school. The charter shall be legally binding on the

department, the cyber charter school and its board of

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

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

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

follows:

(i) An initial charter granted under this section

shall be for a period of five years.

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

renewed for 10-year periods upon reauthorization by the

department.

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

application as provided under section 1719-A(c) with the

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department by October 1 of the final year of the charter.

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

renewal application, the department shall hold a public

hearing on the renewal under 65 Pa.C.S. Ch. 7.

(iii) Within 60 days after the hearing required

under subparagraph (ii), the department shall make a

decision to grant or deny the renewal application.

(5) Failure by the department to adhere to paragraph (4)

(ii) or (iii) shall result in a renewal of the charter for a

10-year term based on the terms proposed in the charter

renewal application and subject to the provisions of section

1723-A relating to enrollment limitations. A renewal under

this subsection shall serve as a requirement for the

department to sign the written charter of the charter school

as provided for in section 1720-A. Should the department fail

to sign the charter within 10 days of notice of the renewal,

the charter shall be deemed to be approved and shall be

signed by the chairman of the appeal board.

[(4)] (6) The decision of the department to deny an

application may be appealed to the appeal board.

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

school may request amendments to its approved written

charter by filing a standard amendment application

pursuant to section 1720-A no later than October 15 of

the school year prior to the school year in which the

amendment would take effect.

(ii) Notwithstanding the notice requirements of

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

cyber charter school's compliance with the terms of a

charter due to its inability to acquire services or

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products outlined in a charter or facility damage, the

cyber charter school shall immediately notify the

department of the necessity for an emergency amendment,

which shall be effective immediately as a temporary

amendment pending completion of the processes set forth

in paragraphs (8) and (9).

(iii) For a 10-year charter, a cyber charter school

may only request amendments in years two through nine of

the charter term. For a five-year charter, a cyber

charter school may only request amendments in year two,

three or four of the charter term.

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

amendment request, the department shall hold a public hearing

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

(9) Within 60 days after the hearing required under

paragraph (8), the department shall grant or deny the

requested amendment. Failure by the department to hold a

public hearing and to grant or deny the requested amendment

within the time periods specified in this section shall be

deemed an approval, after which the amended charter shall be

legally binding on both the department and the board of

trustees of the cyber charter school.

(10) Notwithstanding paragraph (7)(iii), a cyber charter

school also may request amendments to its approved written

charter at the time of renewal. Charter amendment requests

made at the time of renewal shall be considered as distinct

requests that shall be subject to independent approval or

denial by the department, in accordance with the provisions

of this section.

(11) An applicant for an amendment may appeal the denial

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of a requested amendment under this section to the appeal

board pursuant to section 1721-A.

(g) Denied application.--A cyber charter school applicant

may revise and resubmit a denied application to the department.

The department shall grant or deny the revised application

within 60 days after its receipt.

(h) Appeal.--If the department fails to hold the required

public hearing or to approve or disapprove the charter, the

applicant may file its application as an appeal to the appeal

board. The appeal board shall review the application and make a

decision to approve or disapprove the charter based on the

criteria in subsection (f).

Section 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.

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(6) The technology, including types of hardware and

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 and off-line time.

(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 attendance consistent with the provisions

of section 1715-A(9).

(15) The types and frequency of communication between

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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.]

(a) General rule.--The department shall create a standard

cyber charter application form for cyber charter school

applicants seeking to establish a cyber charter school entity, a

standard cyber charter renewal form for existing cyber charter

school entities seeking renewal of the entity's charter and a

standard cyber charter amendment application for existing cyber

charter school entities seeking to amend the entity's approved

written charter agreement. The department shall transmit notice

of the forms to the Legislative Reference Bureau for publication

in the Pennsylvania Bulletin, and the forms shall be posted on

the department's publicly accessible Internet website.

(b) Establishment.--In addition to the provisions of

section 1719-A(b), a cyber charter renewal form shall only

include the following:

(1) The curriculum 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 online time required

for elementary and secondary students.

(4) The manner in which teachers deliver instruction,

assess academic progress and communicate with students to

20210HB1685PN1904 - 67 -

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

software, equipment and other materials which are provided by

the cyber charter school to the student.

(7) A description of how the cyber charter school

defines and monitors a student's school day, including the

delineation of online and offline time.

(8) A description of commercially prepared standardized

achievement tests that are used by the cyber charter school

in addition to the Pennsylvania System of School Assessment

test, including the grade levels that are tested and how the

data collected from the tests is used to improve instruction.

(9) The technical support that is 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 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

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school monitors attendance, consistent with the provisions of

section 1715-A(9).

(15) The types and frequency of communication between

the cyber charter school and the student and the manner in

which the cyber charter school communicates with parents and

guardians.

(16) The addresses of all facilities and offices of the

cyber charter school, the ownership of the school and any lease

arrangements.

1719-A(c), a cyber charter renewal form shall only include the

following:

(1) The curriculum offered and how it meets the

requirements of 22 Pa. Code Ch. 4 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 online time required

for elementary and secondary students.

(4) The manner in which teachers 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

software, equipment and other materials which are provided by

the cyber charter school to the student.

(7) A description of how the cyber charter school

defines and monitors a student's school day, including the

20210HB1685PN1904 - 69 -

delineation of online and offline time.

(8) A description of commercially prepared standardized

achievement tests that are used by the cyber charter school

in addition to the Pennsylvania System of School Assessment

test, including the grade levels that are tested and how the

data collected from the tests is used to improve instruction.

(9) The technical support that is 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 renewal term, including expected increases

due to the addition of grade levels.

(12) The methods 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 monitors attendance, consistent with the provisions of

section 1715-A(9).

(15) The types and frequency of communication between

the cyber charter school and the student and the manner in

which the cyber charter school communicates with parents and

guardians.

(16) The addresses of all facilities and offices of the

cyber charter school, the ownership of the school and any

lease arrangements.

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(d) Amendment.--The standard cyber charter amendment

application shall include only the following information:

(1) The name of the charter school entity.

(2) The name and contact information for the chief

administrator.

(3) The addresses of all facilities and offices of the

cyber charter school, the ownership of the school and any

lease arrangements.

(4) The amendments being requested to the approved

written charter agreement and the reason for requesting the

amendments.

(e) Review.--The department shall review the standard cyber

charter application, the standard cyber charter renewal form and

the standard cyber charter amendment application every three

years and shall submit any recommended revisions in writing to

the Education Committee of the Senate and the Education

Committee of the House of Representatives. No such recommended

revisions shall be made to the standard cyber charter

application, the standard cyber charter renewal form and the

standard cyber charter amendment application unless the

revisions are enacted by the General Assembly.

(f) Posting.--The department shall post the standard cyber

charter application, the standard cyber charter renewal form and

the standard cyber charter amendment application on its publicly

accessible Internet website no later than August 1, 2021.

(g) Applicability.--The standard cyber charter application,

the standard cyber charter renewal form and the standard cyber

charter amendment application shall be used by charter school

operators beginning in the 2022-2023 school year.

Section 9. Section 2591.1 of the act is amended by adding a

20210HB1685PN1904 - 71 -

subsection to read:

Section 2591.1. Commonwealth Reimbursements for Charter

Schools and Cyber Charter Schools.--* * *

(e) Beginning in the 2022-2023 school year and each school

year thereafter, the Commonwealth shall pay to each school

district with resident students enrolled in a charter school

entity an amount equal to thirty percent (30%) of the total

funding required under section 1725-A(a). The following shall

apply:

(1) For the fiscal year 2022-2023 and each fiscal year

thereafter, if insufficient funds are appropriated to make

Commonwealth reimbursements under this section, the

reimbursements shall be made on a pro rata basis.

(2) The funding provided to school districts under this

subsection shall be through the charter school reimbursement

line item in the annual State budget.

Section 10. This act shall take effect as follows:

(1) The amendment of sections 1716-A and 1722-A of the

act shall take effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

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