Regular Session 2021-2022 Senate Bill 0001 P.N. 0911

PRIOR PRINTER'S NO. 839

PRINTER'S NO. 911

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2021

INTRODUCED BY MARTIN, DiSANTO, CORMAN, ARGALL, MENSCH, STEFANO,

REGAN, AUMENT AND HUTCHINSON, JUNE 4, 2021

SENATOR MARTIN, EDUCATION, RE-REPORTED AS AMENDED, JUNE 15, 2021

AN ACT

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

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in preliminary provisions, providing

for advertising and for mandate waiver program; in pupils and

attendance, providing for transfer of attendance records to

another school entity or nonpublic school; in terms and

courses of study, further providing for agreements with

institutions of higher education; in opportunities for

educational excellence, further providing for definitions and

for concurrent enrollment agreements; in charter schools,

further providing for definitions, for powers of charter

schools, for charter school requirements and for powers of

board of trustees, providing for duties of administrators,

further providing for establishment of charter school,

establishing the Public Charter School Commission and

providing for application process, further providing for

regional charter school, for contents of application, for

term and form of charter, for State Charter School Appeal

Board, for facilities, for enrollment, for school staff and

for funding for charter schools, providing for fee

prohibition, further providing for tort liability, for causes

for nonrenewal or termination, for multiple charter school

organizations, for charter school grants, for provisions

applicable to charter schools, for powers and duties of

department, for cyber charter school requirements and

prohibitions, for school district and intermediate unit

responsibilities, for establishment of cyber charter school,

AND for State Charter School Appeal Board review and,

PROVIDING FOR PAYMENTS TO CYBER CHARTER SCHOOLS AND FURTHER

PROVIDING for applicability of other provisions of this act

and of other acts and regulations; and, in educational tax

credits, further providing for definitions, for qualification

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and application by organizations, for application by business

firms, for tax credits, for limitations and for opportunity

scholarships.

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 sections

to read:

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

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

other services, including transportation, computers, Internet or

other electronic devices, may not advertise the expenses as

free, and any reference to tuition or other services, including

transportation, computers, Internet or other electronic device

costs, must stipulate that the cost is covered by taxpayer

dollars. A paid media advertisement shall include a television,

radio or movie theater advertisement, billboard, bus poster,

newspaper, magazine, publicly accessible Internet website or any

other commercial method that may promote enrollment in a public

school entity.

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

school entity" shall mean a school district, charter school,

cyber charter school, regional charter school, intermediate unit

or area career and technical school.

Section 130. Mandate Waiver Program.--(a) Except as

otherwise provided in this section, a governing body may adopt a

resolution to apply to the department for a waiver of one or

more provisions of this act, regulations of the State Board,

standards of the secretary, policies or guidance of the

department or any other provisions of law permitted to be waived

under this section to enable the school entity to improve

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instructional programs or operate in a more effective, efficient

or economical manner.

(b) The application for a waiver shall be submitted in a

manner and on a form established by the department. The

application may only require an applicant to:

(1) Specify the provisions of this act, regulations of the

State Board, standards of the secretary or policies or guidance

of the department for which the applicant is seeking a waiver.

(2) Include the reasons why the waiver is being requested.

(3) Provide supporting data or information to explain the

benefits expected to be obtained as a result of the waiver.

resolution of a governing body at a regularly scheduled meeting

of the governing body. Approval from the department shall be

required prior to implementing the waiver.

(d) The department, in considering each waiver application:

(1) May not impose additional requirements on the waiver

applicant other than the requirements specified in this section.

(2) Shall approve a waiver application that:

(i) Complies with the application process and provides the

information required in the application form developed by the

department under subsection (b).

(ii) Does not conflict with a provision of Federal law or

regulation or other law or regulation that is not permitted to

be waived under this section.

(e) The department shall have thirty (30) days from receipt

of the waiver application to issue a written approval or

disapproval or request modifications to the application. If the

department fails to act within the time period, the waiver

application shall be deemed to be approved.

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(f) The following shall apply:

(1) If the department requests modification to or

disapproves the waiver application, the specific reasons for the

department's request or disapproval shall be transmitted to the

waiver applicant.

(2) If the department denies an application, the response to

the applicant shall include an explanation of any provision of

law, regulation of the State Board, standard of the secretary or

policies or guidance of the department that is not subject to

waiver under this section and would be violated if the

application were granted.

(3) The waiver applicant may submit a revised application

for a waiver in accordance with subsection (c).

(4) A waiver applicant may appeal a disapproval to the

secretary pursuant to 2 Pa.C.S. Chs. 5 (relating to practice and

procedure) and 7 (relating to judicial review). A waiver

applicant may not be required to revise and resubmit the waiver

application prior to appealing a disapproval.

(g) A waiver shall remain in effect permanently unless

rescinded by the governing body or found by a court of competent

jurisdiction to be in violation of subsection (d)(2)(ii).

(h) The following shall not be subject to waiver under this

section:

(1) The following provisions of this act: sections 106, 108,

110, 111, 111.1, 321, 322, 323, 324, 325, 326, 327, 328, 431,

436, 437, 440.1, 443, 513, 518, 527, 701.1, 708, 740, 741, 751,

752, 753, 771, 776, 785, 808, 809, 810, 1073, 1073.1, 1076,

1077, 1080, 1302, 1303, 1310, 1310.1, 1317, 1317.2, 1318, 1327,

1327.1, 1327.2, 1330, 1332, 1361, 1366, 1501, 1502, 1513, 1517,

1518, 1521, 1523, 1526, 1546 and 1547, provisions prohibiting

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discrimination, Articles VI, VI-A, XI, XI-A, XII, XIII-A, XIII-

B, XIII-C, XIII-D, XIII-E, XIV, XVII-A and this section.

(2) The following provisions of 22 Pa. Code (relating to

education):

Chapter 4 (relating to academic standards and assessment).

Chapter 10 (relating to safe schools).

Chapter 11 (relating to student attendance).

Chapter 12 (relating to students and student services).

Chapter 14 (relating to special education services and

programs).

Chapter 15 (relating to protected handicapped students).

Chapter 16 (relating to special education for gifted

students).

Chapter 235 (relating to Code of Professional Practice and

Conduct for Educators).

Chapter 711 (relating to charter school and cyber charter

school services and programs for children with disabilities).

(3) For intermediate units, Article IX-A and 22 Pa. Code

Ch. 17 (relating to intermediate units).

(4) For area career and technical schools, Article XVIII and

22 Pa. Code Ch. 339 (related to vocational education).

(i) The department shall maintain and annually update a

listing of all approved waiver applications on the department's

publicly accessible Internet website. The listing shall include

the name of the school entity and the provisions of law,

regulation, standard of the secretary or policies or guidance of

the department for which waivers were granted.

(j) Nothing in this section shall be construed to supersede

or preempt a provision of a collective bargaining agreement in

effect on the effective date of this subsection.

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(k) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Department." The Department of Education of the

Commonwealth.

"Governing body." A board of school directors or other

governing authority of a school entity.

"School entity." A school district, charter school, cyber

charter school, regional charter school, area career and

technical school or intermediate unit.

"Secretary." The Secretary of Education of the Commonwealth.

"State Board." The State Board of Education.

"Waiver applicant." A school entity that applies for a

waiver under this section.

Section 1313.2. Transfer of Attendance Records to Another

School Entity or Nonpublic School.--(a) The following shall

apply:

(1) If 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) For 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

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term.

means a school district, charter school, cyber charter school,

regional charter school, intermediate unit or area career and

technical school.

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

Section 1525. Agreements with Institutions of Higher

Education.--Notwithstanding any other provision of law to the

contrary, a school district, charter school, regional charter

school, cyber charter school or area career and technical school

may enter into an agreement with one or more institutions of

higher education approved to operate in this Commonwealth in

order to allow [resident] students to attend such institutions

of higher education while the [resident] students are enrolled

in the school district, charter school, regional charter school,

cyber charter school or area career and technical school. The

agreement may be structured so that high school students may

receive credits toward completion of courses at the school

district, charter school, regional charter school, cyber charter

school or area career and technical school and at institutions

of higher education approved to operate in this Commonwealth.

Section 3. The definitions of "concurrent student" and

"school entity" in section 1602-B of the act are amended to

read:

Section 1602-B. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Concurrent student." A student who is enrolled in a school

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district, a charter school, a regional charter school, a cyber

charter school, an area career and technical school, a nonpublic

school, a private school or a home education program under

section 1327.1 and who takes a concurrent course through a

concurrent enrollment program.

* * *

"School entity." A school district, charter school, regional

charter school, cyber charter school or an area career and

technical school.

* * *

Section 4. Section 1613-B of the act is amended by adding a

subsection to read:

Section 1613-B. Concurrent enrollment agreements.

* * *

charter schools.--Charter schools, regional charter schools and

cyber charter schools shall have the power and authority to

enter into a concurrent enrollment agreement with an institution

of higher education. Appropriate credit shall be awarded to

students concurrently enrolled under an agreement under this

subsection.

Section 5. Sections 1703-A, 1714-A, 1715-A and 1716-A of the

act are amended to read:

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

"Administrator" shall include an employe of a charter school

entity, including the chief administrator of a charter school

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

position is responsible for taking official action of a

nonministerial nature with regard to contracting or procurement,

administering or monitoring grants or subsidies, managing or

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regulating staff, student and school activities or any activity

where the official action has an economic impact of greater than

a de minimis nature on the interests of any person.

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

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

school district that granted a charter to the charter school;

(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 the

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

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charter school must be organized as a public, nonprofit

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

entity.

["Chief executive officer" shall mean an individual appointed

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

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

staff member under this article.]

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

charter school or cyber charter school.

"Charter school foundation" shall mean a nonprofit

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

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

provides funding, resources or otherwise serves to support a

charter school 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.

"Commission" shall mean the Public Charter School Commission

established under section 1717.1-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

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Commonwealth.

"Educational management service provider" shall mean a

nonprofit charter management organization, for-profit education

management organization, school design provider or business

manager with which a board of trustees of a charter school

entity contracts to provide educational design, business

services, comprehensive management or personnel functions or to

implement the charter. The term shall not include a charter

school foundation.

"Family member" shall mean a parent, child, stepchild,

spouse, brother or sister.

"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

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Commonwealth.

"State board" shall mean the State Board of Education of the

Commonwealth.

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

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

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

desirable for carrying out its charter, including, but not

limited to, the power to:

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

selected shall include the words "charter school."

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

the same condition that political subdivisions and local

agencies can be sued.

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

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

use as a charter school entity facility.

(4) Receive and disburse funds for charter school entity

purposes only.

(5) Make contracts and leases for the procurement of

services, equipment and supplies.

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

funds.

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

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

school entity purposes.

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

are necessary to fulfill its charter and which are not

inconsistent with this article.

the exercise of the powers specified in this section shall not

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impose any liability or legal obligation upon a school entity or

upon the Commonwealth.

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

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 charter school shall not provide any religious

instruction, nor shall it display religious objects and symbols

on the premises of the charter school.] The following shall

apply:

(i) Subject to subparagraph (ii), a charter school entity

may not provide religious instruction and may not 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

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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 do not 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.

(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

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] Charter school entities, boards of trustees

and contractors of charter [schools] school entities shall be

subject to the following statutory requirements governing

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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 shall be public

officials.

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

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.]

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

committee of its board of trustees members which shall review at

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

operations of the charter school 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 members of the

board of trustees and administrators, including sampling of each

reimbursement.

(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 each related schedule

and appendix 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 each

contract publicly bid pursuant to section 751.

(7) Review of each board policy and procedure 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 (relating to open

meetings), finances, budgeting, audits, public bidding and

bonding.

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

required by Federal law or this act.

(d) A charter school entity shall annually provide the

department and, for 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 . A

charter school entity authorized by the commission under section

1717.2-A shall annually provide the department and the

commission with a copy of the annual budget for the operation of

the charter school entity. A copy of the annual budget under

this subsection shall identify all of the following:

(1) The source of funding for each expenditure.

(2) If 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 each administrator of the charter school

entity.

(4) Each expenditure to an educational management service

provider.

(e) The annual budgets under subsection (d) are public

documents and shall be made available on the charter school

entity's publicly accessible Internet website, if available,

and, for a charter school or regional charter school, on the

school district's publicly accessible Internet website.

(f) The charter school foundation shall make copies of its

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

the charter school entity's publicly accessible Internet website

within thirty (30) days of the close of the charter school

foundation's fiscal year. The annual budget shall include the

salaries of each employe of the charter school foundation.

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Section 1716-A. Powers and Duties of Board of Trustees.--(a)

The board of trustees of a charter school entity 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 entity that is located in the member's district.

(b.1) (1) An individual may not serve 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

the charter school or regional charter school chartered by that

board.

(2) An employe of the school district that chartered a

charter school or regional charter school may serve as a member

of the board of trustees of the charter school or regional

charter school without voting privileges.

(b.2) A member 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.3) A member of the board of trustees of a charter school

entity shall be considered a public official subject to the

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

and financial disclosures).

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(b.4) A member of the board of trustees of a charter school

entity may not be compensated for duties on the board of

trustees.

(b.5) 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

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) The board of trustees of a charter school entity

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

members.

(2) 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 sixty (60) days, appoint additional members to the

board of trustees to meet the minimum requirements of this

section.

(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 of 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).

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Section 6. The act is amended by adding a section to read:

Section 1716.2-A. Duties of Administrators.--(a) An

individual who serves as an administrator for a charter school

entity shall be considered a public employe subject to the

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

and financial disclosures).

(b) (1) An administrator for a charter school entity may

not 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 subclause (i) and agreed, by

resolution, to grant permission to the administrator.

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

the resolution by the board of trustees granting the permission

under clause (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 or, in the case of a charter school entity authorized

under section 1717.2-A, the commission .

member of the administrator may not serve as a voting member of

the board of trustees of the charter school entity that employs

the administrator.

(d) An administrator shall be immediately dismissed upon

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

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an offense pertaining to fraud, theft or mismanagement of public

funds or any crime involving moral turpitude.

Section 7. Section 1717-A of the act is amended to read:

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

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

teachers who will teach at the proposed charter school; parents

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

nonsectarian college, university or museum located in this

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

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

unincorporated associations); any corporation, association or

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

established by creating a new school or by converting an

existing public school or a portion of an existing public

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

no charter shall be granted to any sectarian school, institution

or other entity. No funds allocated or disbursed under this

article shall be used to directly support instruction pursuant

to section 1327.1.

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

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

initiated by any individual or entity authorized to establish a

charter school under subsection (a).

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

charter school, the applicants must show that:

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

public school have signed a petition in support of the public

school becoming a charter school; and

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

of pupils attending that public school have signed a petition in

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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.

(c.1) Notwithstanding subsection (c), an individual under

subsection (a) may submit an application for the establishment

of a charter school to the commission for consideration under

section 1717.2-A.

(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.

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

first public hearing on the application, the local board of

school directors shall grant or deny the application. For a

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

board of school directors shall grant or deny the application no

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

(2) A charter school application submitted under [this

article] subsection (c) 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.

(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

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

notice or consideration of the application given by the board,

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

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

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

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

description of deficiencies in the application, shall be clearly

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

to the charter school applicant.

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

application may be revised and resubmitted to the local board of

school directors. Following the appointment and confirmation of

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

decision of the local board of school directors may be appealed

to the appeal board. When an application is revised and

resubmitted to the local board of school directors, the board

may schedule additional public hearings on the revised

application. The board shall consider the revised and

resubmitted application at the first board meeting occurring at

least forty-five (45) days after receipt of the revised

application by the board. For a revised application resubmitted

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

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

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

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

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

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

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

meet within thirty (30) days to review the application and make

a decision to grant or deny a charter based on the criteria

established in subsection (e)(2)[.] within sixty (60) days

following the review. Failure by the appeal board to meet the

time periods s pecified under this subsection shall deem the

charter application approved.

(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

subsection, OR subsection (g) or section 1717.2-A(c) to grant,

to renew or not to revoke a charter shall serve as a requirement

for the commission or 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

1717.2-A or 1720-A. Should the commission or 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 commission or 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

the commission or a local board of directors not to grant a

charter as provided in this section or section 1717.2-A.

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

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

directors, the applicant must obtain the signatures of at least

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

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

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

applicant must obtain the signatures of at least two per centum

of the residents of each school district granting the charter or

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

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

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

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

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

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

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

resident of the school district which denied the charter

application and shall include his or her printed name;

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

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

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the following:

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

referred to in the petition.

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

township, with street and number, if any.

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

purpose of the petition.

(iv) That the signers' respective residences are correctly

stated in the petition.

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

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

the signer's name.

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

belief, the signers are residents of the school district.

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

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

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

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[.] and the appeal board shall give notice of

acceptance of the appeal to the applicant within thirty (30)

days following receipt of the decree.

(6) In any appeal, the decision made by the commission or

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local board of directors shall be reviewed by the appeal board

on the record as certified by the commission or local board of

directors. The appeal board shall give due consideration to the

findings of the commission or 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 commission or local board

of directors and the charter school applicant to supplement the

record if the supplemental information was previously

unavailable.

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

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

officially review the certified record.

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

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

written decision affirming or denying the appeal. If the appeal

board has affirmed the decision of the commission or local board

of directors, notice shall be provided to [both parties.] the

charter school applicant and either the commission or local

board of directors, as appropriate.

(8.1) Failure by the appeal board to satisfy the time

periods specified under clauses (7) and (8) shall deem the

charter application approved, renewe d or not revoked.

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

of the commission or local board of directors shall serve as a

requirement for the commission or 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 1717.2-A or 1720-A. Should the

commission or local board of directors fail to grant the

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

of the reversal of the decision of the commission or 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.

(11) In the case of a charter school applicant appealing the

denial of a charter by the commission, clauses (2), (3), (4) and

(5) shall also apply.

Section 7.1. The act is amended by adding sections to read:

Section 1717.1-A. Public Charter School Commission.-- (a)

The Public Charter School Commission is established within the

Commonwealth. The purpose of the commission shall be to act as

an authorizer of high-quality public charter schools throughout

this Commonwealth.

(b) The commission shall consist of citizens of this

Commonwealth who shall be appointed as follows:

(1) One (1) member who shall be appointed by the Governor by

and with the consent of a majority of the members of the Senate.

(2) Six (6) members who shall be appointed by the General

Assembly as follows:

(i) The President pro tempore of the Senate shall appoint

two (2) members.

(ii) The Minority Leader of the Senate shall appoint one (1)

member.

(iii) The Speaker of the House of Representatives shall

appoint two (2) members.

(iv) The Minority Leader of the House of Representatives

shall appoint one (1) member.

(3) Members appointed to the commission shall collectively

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possess strong experience and expertise in public and nonprofit

governance, management and finance, public school leadership,

assessment, curriculum and instruction and public education law.

(1) To establish staggered terms of office, the appointment

of the Governor, the first appointment of the President pro

tempore of the Senate and the first appointment of the Speaker

of the House shall serve an initial term of four (4) years.

(2) The appointment of the Minority Leader of the Senate and

the Minority Leader of the House of Representatives shall serve

an initial term of two (2) years.

(3) All remaining and subsequent appointments shall be for

terms of three (3) years.

(4) Initial appointments shall be made no later than thirty

(30) days after the effective date of this section. Members may

be reappointed, except that no member shall serve more than

three (3) consecutive terms.

(d) A member of the commission shall be automatically

disqualified and immediately removed from the commission upon

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

an offense pertaining to fraud, theft or mismanagement of public

funds, an offense pertaining to the member's official capacity

as a member of the commission or a crime involving moral

turpitude.

(e) A member of the commission shall be considered a public

official subject to 65 Pa.C.S. Ch.11 (relating to ethics

standards and financial disclosures).

(f) A member of the commission shall serve without pay

except that the member may receive reimbursement for any

reasonable and necessary expenses incurred by reason of service

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on the commission.

(g) If a vacancy occurs on the commission by death,

resignation or removal, the original appointing authority shall

appoint a qualifying individual to serve as a member of the

commission for the balance of the unexpired term.

(h) The following shall apply to operations:

(1) The members of the commission shall annually elect from

among the membership one (1) individual to serve as chairperson.

For death, resignation or removal of the member selected to be

chairperson, another member shall be selected from among the

membership to serve as chairperson for the remainder of the

annual term.

(2) A majority of the members of the commission, except for

a position that may be vacant, shall constitute a quorum

sufficient for conducting the business of the commission.

(3) The commission shall meet at the call of the

chairperson, or by a request of the majority of the members, and

shall comply with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(i) The following shall apply to personnel and resources:

(1) Subject to rules as may be made by the commission, the

chairperson shall have the power to appoint, terminate and fix

the pay of an executive director and other personnel deemed

necessary to fulfill the purpose of the commission.

(2) The chairperson, on behalf of the commission, shall

submit an annual budget request to the Governor, the chairperson

and minority chairperson of the Appropriations Committee of the

Senate and the chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives no

later than November 1, 2021, and November 1 each year

thereafter.

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(3) The General Assembly shall consider the budget request

and make an annual appropriation to the commission for the

salary and benefits of the executive director and other

necessary expenses.

(4) The department shall provide administrative support,

office space, meeting space and any other assistance required by

the commission to carry out its duties under this section.

(j) The following shall apply:

(1) As an authorizer of charter school entities, the

commission shall:

(i) Receive and evaluate applications to ensure the

applications meet the requirements under this article and make

approval or denial decisions.

(ii) Execute charters, consistent with approved

applications, between the commission and charter school entities

detailing the rights and responsibilities of the commission and

the charter school entity and setting forth the academic and

operational performance expectations and measures by which the

charter school entity will be judged. The commission may choose

to make the approved application the charter.

(2) Monitor on a regular basis the performance of the

charter school entities the commission oversees. The commission

shall have ongoing access to the records and facilities of the

charter school entity to ensure the charter school entity is in

compliance with its charter and this act and that requirements

for testing, civil rights and student health and safety are

being met.

Section 1717.2-A. Application Process.--(a) In reviewing

and evaluating charter applications, the commission shall employ

procedures, practices and criteria consistent with this article

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and shall adopt approval criteria by resolution at a public

meeting of the commission pursuant to 65 Pa.C.S. Ch. 7 (relating

to open meetings). The application review process shall include

thorough evaluation of each written charter application and an

opportunity in a public hearing under 65 Pa.C.S. Ch.7 for local

residents to learn about and provide input on each application.

At least thirty (30) days prior to the hearing, the commission

shall transmit notice of the hearing and the purpose of the

application to the Legislative Reference Bureau for publication

in the Pennsylvania Bulletin. The commission shall grant the

applicant a reasonable time to provide additional materials and

amendments to its application to address any identified

deficiencies.

(b) In deciding whether to approve charter applications, the

commission shall:

(1) Grant charters only to applicants that have demonstrated

competence in each element of the commission's published

approval criteria and which are likely to open and operate a

successful charter school entity.

(2) Base decisions on documented evidence collected through

the application review process.

(3) Follow charter-granting policies and practices that are

transparent, based on merit and are void of a conflict of

interest or an appearance of a conflict of interest.

a charter application, the commission shall approve or deny the

charter application. The commission shall adopt by resolution

each charter approval or denial decision in a public meeting

pursuant to 65 Pa.C.S. Ch. 7. Failure to approve or deny the

charter within seventy-five (75) days of receiving the charter

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application shall permit the applicant to file its application

as an appeal to the appeal board. The appeal board shall review

the application within thirty (30) days of receipt and make a

decision to grant or deny a charter based on the criteria

established under subsection (a) within sixty (60) days

following the review. Failure by the appeal board to meet the

time periods specified under this subsection shall deem the

charter application approved .

(c.1) Upon approval of a charter application under

subsection (c), a written charter shall be developed containing

the provisions of the charter application. This written charter

may not contain any provision requiring a charter school entity

to forfeit the charter school entity's due process rights under

this article to appeal with the appeal board. The written

charter shall be signed by the commission or the chair of the

appeal board in accordance with sections 1717-A(i)(9) or 1746-

A(b)(4) and the charter school entity's board of trustees. The

written charter, when duly signed, shall act as legal

authorization for the establishment of the charter school entity

and shall be legally binding on the commission and the charter

school entity's board of trustees.

(d) An approval decision may include, if appropriate,

reasonable conditions, excluding enrollment caps, that the

charter applicant must meet before a charter may be executed. An

initial charter executed under this subsection shall be for a

period of no less than three (3) years and no more than five (5)

years.

(e) For a charter denial, the commission shall clearly state

in the resolution adopted under subsection (c) the commission's

reasons for denial. A denied applicant may reapply to the

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commission or appeal the decision to the appeal board for

consideration under se ction 1717-A(i) or 1746-A .

(f) Within fifteen (15) days of taking action to approve or

deny a charter application, the commission shall provide a copy

of the resolution adopted under subsection (c) to the

department.

(g) The following shall apply to renewals, revocations and

nonrenewals:

(1) A charter may be renewed for five (5) year periods upon

reauthorization by the commission. Notwithstanding this

paragraph, the commission may renew a charter for a period of

one (1) year based on the performance, demonstrated capacities

and particular circumstances of the applicant. The commission

may grant renewal with specific conditions for necessary

improvements to a charter school renewal applicant, except that

the commission may not impose conditions inconsistent with this

article.

(2) By November 1 of the final year of the charter approved

under subsection (c), a charter school entity seeking renewal

shall submit a renewal application to the commission. The

commission shall approve or deny the renewal application by

resolution at a public meeting by March 31 of the ensuing year.

(3) During the term of the charter or at the end of the term

of the charter, the commission may choose to revoke or not to

renew the charter based on any of the following:

(i) A material violation of a condition, standard or

procedure contained in the charter signed under subsection

(c.1).

(ii) A failure to meet or make progress toward the

performance expectations under 22 Pa. Code Ch. 5 (relating to

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