Regular Session 2021-2022 House Bill 2289 P.N. 2677

PRINTER'S NO. 2677

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2289

Session of

2022

INTRODUCED BY KAIL, ORTITAY, BERNSTINE, GLEIM, KEEFER, ROTHMAN,

ROWE, SAYLOR, SMITH AND ZIMMERMAN, JANUARY 27, 2022

REFERRED TO COMMITTEE ON EDUCATION, JANUARY 27, 2022

AN ACT

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

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in charter schools, further providing

for term and form of charter and for multiple charter school

organizations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1720-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding a subsection to read:

Section 1720-A. Term and Form of Charter.--* * *

renewal shall provide written notice of intent to renew a

charter to the authorizing local board of school directors no

later than November 1 of the final year of an existing term. The

following shall apply:

(1) If the authorizing local board of school directors

elects to not renew the charter, the authorizing local board of

school directors shall commence proceedings to revoke or not

renew a charter within thirty (30) days of receipt of the notice

of intent to renew the charter submitted by the charter school

or regional charter school seeking renewal.

(2) If the authorizing local board of school directors does

not commence proceedings under paragraph (1), the charter shall

be deemed renewed for a period of five (5) years without further

proceedings.

Section 2. Section 1729.1-A(a), (b) and (c) of the act are

amended and the section is amended by adding a subsection to

read:

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

(a) Establishment shall be as follows:

(1) Subject to the requirements of this section and 15

Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations),

two (2) or more charter schools may consolidate into a multiple

charter school organization if [both] either of the following

apply:

(i) The department approves the consolidation as proposed in

the application form submitted to the department pursuant to

subsection (c). If the department does not approve or disapprove

the proposed consolidation within forty-five (45) days after

receipt of the application, the department will be deemed to

have approved the consolidation, regardless of action or

inaction under subparagraph (ii).

(ii) Each school district that granted the initial charter

of any charter school included in the proposed consolidation

approves, by a majority vote of the local board of school

directors, a resolution approving the consolidation as proposed

in the application submitted to the local board of school

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directors pursuant to subsection (c). If a local board of school

directors does not adopt a resolution under this clause

approving or rejecting the proposed consolidation within forty-

five (45) days after receipt of the application, the school

district will be deemed to have approved the consolidation,

regardless of action or inaction under subparagraph (i).

(1.1) The application for formation of a multiple charter

school organization may be submitted to the department and the

school districts simultaneously.

(2) The multiple charter school organization shall be:

(i) granted legal authority to operate two (2) or more

individual charter schools under the oversight of a single board

of trustees and a chief administrator who shall oversee and

manage the operation of the individual charter schools under its

organization; and

(ii) subject to all of the requirements of this article

unless otherwise provided for under this section.

(3) Nothing under this section shall be construed to affect

or change the terms or conditions of any individual charter

previously granted that is consolidated under this section,

including, but not limited to, any obligation of a school

district to provide transportation for students enrolled in an

individual charter school within a multiple charter school

organization.

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

recent two (2) school years prior to the date of application,

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).

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(ii) Accepted standards of fiscal management or audit

requirements.

[(iii) A school performance profile score that is among the

top twenty-fifth percentile of Pennsylvania charter schools as

measured by the school performance profile for the most recent

year for which a school performance profile score is available.]

(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.

(b.1) The eligibility of a charter school to consolidate

with another charter school shall be determined using the

following information or data gathered from the charter schools:

(1) As of the date of the application; or

(2) As indicated by the two most recent school years.

section, the department shall develop and issue a standard

application form that multiple charter school organization

applicants must submit to the department and to the local board

of school directors of each school district that granted the

initial charter of any charter school included in the proposed

consolidation. The application form shall contain the following

information:

(1) The name of the multiple charter school organization.

(2) The names of the charter schools seeking consolidation

under this section.

(3) A copy of the approved charter of each charter school

seeking to consolidate under this section.

(4) An organizational chart clearly presenting the proposed

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governance structure of the multiple charter school

organization, including lines of authority and reporting between

the board of trustees, chief administrator, administrators,

staff and any educational management service provider that will

play a role in providing management services to the charter

schools under its jurisdiction.

(5) A clear description of the roles and responsibilities

for the board of trustees, chief administrator, administrators

and any other entities, including a charter school foundation,

shown in the organizational chart.

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

election of members of the board of trustees.

(7) Standards for board of trustees performance, including

compliance with all applicable laws, regulations and terms of

the charter.

(8) Enrollment procedures for each individual charter school

included in its charter.

[(9) Any other information as deemed necessary by the

department.]

* * *

Section 2. This act shall take effect in 90 days.

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