PRIOR PRINTER'S NO. 494 PRINTER'S NO. 2951
No. 446 Session of 2007
INTRODUCED BY BEYER, O'NEILL, BELFANTI, BOYD, BUXTON, CAPPELLI, CURRY, GRUCELA, KING, LEVDANSKY, MACKERETH, MANN, McILHATTAN, R. MILLER, MUNDY, MUSTIO, PICKETT, SANTONI, STAIRS, STERN, R. STEVENSON, J. TAYLOR, WATSON, MENSCH, FLECK, BAKER, HANNA, EVERETT, GOODMAN, BROOKS, M. KELLER, HORNAMAN, SIPTROTH, CAUSER, VITALI, SONNEY, PASHINSKI, J. WHITE, HELM, BRENNAN, SAYLOR, VULAKOVICH, J. EVANS, SURRA AND MAHONEY, FEBRUARY 22, 2007
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 6, 2007
AN ACT 1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 2 act relating to the public school system, including certain 3 provisions applicable as well to private and parochial 4 schools; amending, revising, consolidating and changing the 5 laws relating thereto," amending, adding and deleting <-- 6 provisions relating to cyber charter schools. PROVIDING FOR <-- 7 THE DEFINITIONS OF "CYBER CHARTER SCHOOL FUND BALANCE LIMIT," 8 "CYBER EDUCATION REAL COST LEVEL," "CYBER SPECIAL EDUCATION 9 REAL COST LEVEL," "EMPLOYMENT COST INDEX" AND "STATEWIDE 10 AVERAGE WEEKLY WAGE"; AND FURTHER PROVIDING FOR SCHOOL STAFF, 11 FOR FUNDING FOR CHARTER SCHOOLS, FOR CAUSES FOR NONRENEWAL OR 12 TERMINATION, FOR POWERS AND DUTIES OF DEPARTMENT, FOR 13 ASSESSMENT AND EVALUATION, FOR CYBER CHARTER SCHOOL 14 REQUIREMENTS AND PROHIBITIONS, FOR SCHOOL DISTRICT AND 15 INTERMEDIATE UNIT RESPONSIBILITIES, FOR CYBER CHARTER SCHOOL 16 APPLICATION, FOR ENROLLMENT AND NOTIFICATION AND FOR 17 APPLICABILITY. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Section 102 of the act of March 10, 1949 (P.L.30, <-- 21 No.14), known as the Public School Code of 1949, amended 22 December 23, 2003 (P.L.304, No.48), is amended by adding a
1 definition to read: 2 Section 102. Definitions.--When used in this act the 3 following words and phrases shall have the following meanings: 4 * * * 5 "Beginners." Any child that should enter the lowest grade of 6 the primary school or the lowest primary class above the 7 kindergarten level. 8 * * * 9 Section 2. Section 1304 of the act, amended January 14, 1970 10 (1969 P.L.468, No.192), is amended to read: 11 Section 1304. Admission of Beginners.--The admission of 12 beginners to the public schools shall be confined to the first 13 two weeks of the annual school term in districts operating on an 14 annual promotion basis, and to the first two weeks of either the 15 first or the second semester of the school term in districts 16 operating on a semi-annual promotion basis. Admission shall be 17 limited to beginners who have attained the age of five years and 18 seven months before the first day of September if they are to be 19 admitted in the fall, and to those who have attained the age of 20 five years and seven months before the first day of February if 21 they are to be admitted at the beginning of the second semester. 22 The board of school directors of any school district may admit 23 beginners who are less than five years and seven months of age, 24 in accordance with standards prescribed by the State Board of 25 Education. The board of school directors may refuse to accept or 26 retain beginners who have not attained a mental age of five 27 years, as determined by the supervisor of special education or a 28 properly certificated public school psychologist in accordance 29 with standards prescribed by the State Board of Education. 30 [The term "beginners," as used in this section, shall mean 20070H0446B2951 - 2 -
1 any child that should enter the lowest grade of the primary 2 school or the lowest primary class above the kindergarten 3 level.] 4 Section 3. Section 1725-A of the act, amended or added June 5 19, 1997 (P.L.225, No.22), June 22, 2001 (P.L.530, No.35) and 6 June 29, 2002 (P.L.524, No.88), is amended to read: 7 Section 1725-A. Funding for Charter Schools.--(a) Funding 8 for a charter school established under this article shall be 9 provided in the following manner: 10 (1) There shall be no tuition charge for a resident or 11 nonresident student attending a charter school. 12 (2) For non-special education students, the charter school 13 shall receive for each student enrolled no less than the 14 budgeted total expenditure per average daily membership of the 15 prior school year, as defined in section 2501(20), minus the 16 budgeted expenditures of the district of residence for nonpublic 17 school programs; adult education programs; community/junior 18 college programs; student transportation services; for special 19 education programs; facilities acquisition, construction and 20 improvement services; and other financing uses, including debt 21 service and fund transfers as provided in the Manual of 22 Accounting and Related Financial Procedures for Pennsylvania 23 School Systems established by the department. This amount shall 24 be paid by the district of residence of each student. 25 (3) For special education students, the charter school shall 26 receive for each student enrolled the same funding as for each 27 non-special education student as provided in clause (2), plus an 28 additional amount determined by dividing the district of 29 residence's total special education expenditure by the product 30 of multiplying the combined percentage of section 2509.5(k) 20070H0446B2951 - 3 -
1 times the district of residence's total average daily membership 2 for the prior school year. This amount shall be paid by the 3 district of residence of each student. 4 (4) A charter school may request the intermediate unit in 5 which the charter school is located to provide services to 6 assist the charter school to address the specific needs of 7 exceptional students. The intermediate unit shall assist the 8 charter school and bill the charter school for the services. The 9 intermediate unit may not charge the charter school more for any 10 service than it charges the constituent districts of the 11 intermediate unit. 12 (5) Payments shall be made to the charter school in twelve 13 (12) equal monthly payments, by the fifth day of each month, 14 within the operating school year. A student enrolled in a 15 charter school shall be included in the average daily membership 16 of the student's district of residence for the purpose of 17 providing basic education funding payments and special education 18 funding pursuant to Article XXV. If a school district fails to 19 make a payment to a charter school as prescribed in this clause, 20 the secretary shall deduct the estimated amount, as documented 21 by the charter school, from any and all State payments made to 22 the district after receipt of documentation from the charter 23 school. 24 (6) Within thirty (30) days after the secretary makes the 25 deduction described in clause (5), a school district may notify 26 the secretary that the deduction made from State payments to the 27 district under this subsection is inaccurate. The secretary 28 shall provide the school district with an opportunity to be 29 heard concerning whether the charter school documented that its 30 students were enrolled in the charter school, the period of time 20070H0446B2951 - 4 -
1 during which each student was enrolled, the school district of 2 residence of each student and whether the amounts deducted from 3 the school district were accurate. 4 (7) A school district shall not be required to provide per 5 pupil funding to charter schools for any student who does not 6 meet the minimum requirement for the age of beginners 7 established by the board of school directors in the student's 8 school district of residence. 9 (b) The Commonwealth shall provide temporary financial 10 assistance to a school district due to the enrollment of 11 students in a charter school established under this article who 12 attended a nonpublic school in the prior school year in order to 13 offset the additional costs directly related to the enrollment 14 of those students in a public charter school. The Commonwealth 15 shall pay the school district of residence of a student enrolled 16 in a nonpublic school in the prior school year who is attending 17 a charter school an amount equal to the school district of 18 residence's basic education subsidy for the current school year 19 divided by the district's average daily membership for the prior 20 school year. This payment shall occur only for the first year of 21 the attendance of the student in a charter school, starting with 22 school year 1997-1998. Total payments of temporary financial 23 assistance to school districts on behalf of a student enrolling 24 in a charter school who attended a nonpublic school in the prior 25 school year shall be limited to funds appropriated for this 26 program in a fiscal year. If the total of the amount needed for 27 all students enrolled in a nonpublic school in the prior school 28 year who enroll in a charter school exceeds the appropriation 29 for the temporary financial assistance program, the amount paid 30 to a school district for each qualifying student shall be pro 20070H0446B2951 - 5 -
1 rata reduced. Receipt of funds under this subsection shall not 2 preclude a school district from applying for a grant under 3 subsection (c). 4 (c) The Commonwealth shall create a grant program to provide 5 temporary transitional funding to a school district due to the 6 budgetary impact relating to any student's first-year attendance 7 at a charter school established under this article. The 8 department shall develop criteria which shall include, but not 9 be limited to, the overall fiscal impact on the budget of the 10 school district resulting from students of a school district 11 attending a charter school. The criteria shall be published in 12 the Pennsylvania Bulletin. This subsection shall not apply to a 13 public school converted to a charter school under section 1717- 14 A(b). Grants shall be limited to funds appropriated for this 15 purpose. 16 (d) It shall be lawful for any charter school established 17 under this article to receive, hold, manage and use, absolutely 18 or in trust, any devise, bequest, grant, endowment, gift or 19 donation of any property, real or personal and/or mixed, which 20 shall be made to the charter school for any of the purposes of 21 this article. 22 (e) It shall be unlawful for any trustee of a charter school 23 or any board of trustees of a charter school or any other person 24 affiliated in any way with a charter school to demand or 25 request, directly or indirectly, any gift, donation or 26 contribution of any kind from any parent, teacher, employe or 27 any other person affiliated with the charter school as a 28 condition for employment or enrollment and/or continued 29 attendance of any pupil. Any donation, gift or contribution 30 received by a charter school shall be given freely and 20070H0446B2951 - 6 -
1 voluntarily. 2 Section 4. Sections 1741-A, 1742-A, 1743-A, 1744-A, 1745-A, 3 1746-A, 1747-A, 1748-A, 1749-A, 1750-A and 1751-A of the act, 4 added June 29, 2002 (P.L.524, No.88), are repealed: 5 [Section 1741-A. Powers and duties of department. 6 (a) Powers and duties.--The department shall: 7 (1) Receive, review and act on applications for the 8 creation of a cyber charter school and have the power to 9 request further information from applicants, obtain input 10 from interested persons or entities and hold hearings 11 regarding applications. 12 (2) Renew the charter of cyber charter school and renew 13 the charter of a charter school approved under section 1717-A 14 or 1718-A which provides instruction through the Internet or 15 other electronic means. Upon renewal of a charter of a 16 charter school approved under section 1717-A or 1718-A, the 17 charter school shall qualify as a cyber charter school under 18 this subdivision and shall be subject to the provisions of 19 this subdivision. 20 (3) Revoke or deny renewal of a cyber charter school's 21 charter under the provisions of section 1729-A. 22 (i) Notwithstanding the provisions of section 1729- 23 A(i), when the department has revoked or denied renewal 24 of a charter, the cyber charter school shall be 25 dissolved. After the disposition of the liabilities and 26 obligations of the cyber charter school, any remaining 27 assets of the cyber charter school shall be given over to 28 the intermediate unit in which the cyber charter school's 29 administrative office was located for distribution to the 30 school districts in which the students enrolled in the 20070H0446B2951 - 7 -
1 cyber charter school reside at the time of dissolution. 2 (ii) Notwithstanding any laws to the contrary, the 3 department may, after notice and hearing, take immediate 4 action to revoke a charter if: 5 (A) a material component of the student's 6 education as required under this subdivision is not 7 being provided; or 8 (B) the cyber charter school has failed to 9 maintain the financial ability to provide services as 10 required under this subdivision. 11 (4) Execute charters after approval. 12 (5) Develop forms, including the notification form under 13 section 1748-A(b), necessary to carry out the provisions of 14 this subdivision. 15 (b) Hearings.--Hearings conducted by the department shall be 16 conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings). 17 (c) Documents.--Documents of the appeal board shall be 18 subject to the act of June 21, 1957 (P.L.390, No.212), referred 19 to as the Right-to-Know Law. 20 Section 1742-A. Assessment and evaluation. 21 The department shall: 22 (1) Annually assess whether each cyber charter school is 23 meeting the goals of its charter and is in compliance with 24 the provisions of the charter and conduct a comprehensive 25 review prior to granting a five-year renewal of the charter. 26 (2) Annually review each cyber charter school's 27 performance on the Pennsylvania System of School Assessment 28 test, standardized tests and other performance indicators to 29 ensure compliance with 22 Pa. Code Ch. 4 (relating to 30 academic standards and assessment) or subsequent regulations 20070H0446B2951 - 8 -
1 promulgated to replace 22 Pa. Code Ch. 4. 2 (3) Have ongoing access to all records, instructional 3 materials and student and staff records of each cyber charter 4 school and to every cyber charter school facility to ensure 5 the cyber charter school is in compliance with its charter 6 and this subdivision. 7 Section 1743-A. Cyber charter school requirements and 8 prohibitions. 9 (a) Special financial requirements prohibited.--A cyber 10 charter school shall not: 11 (1) provide discounts to a school district or waive 12 payments under section 1725-A for any student; 13 (2) except as provided for in subsection (e), provide 14 payments to parents or guardians for the purchase of 15 instructional materials; or 16 (3) except as compensation for the provision of specific 17 services, enter into agreements to provide funds to a school 18 entity. 19 (b) Enrollment.--A cyber charter school shall report to the 20 department an increase or a decrease of 30% or more in its 21 anticipated enrollment set forth in the application under 22 section 1747-A(11). 23 (c) School district.--A cyber charter school shall make 24 available upon request, either in writing or electronically, to 25 each student's school district of residence the following: 26 (1) A copy of the charter. 27 (2) A copy of the cyber charter school application. 28 (3) A copy of all annual reports prepared by the cyber 29 charter school. 30 (4) A list of all students from that school district 20070H0446B2951 - 9 -
1 enrolled in the cyber charter school. 2 (d) Parent or guardian.--Upon request and prior to the 3 student's first day in a cyber charter school, the cyber charter 4 school shall, either in writing or electronically, provide to 5 the parent or guardian of a student the following: 6 (1) A list and brief description of the courses of 7 instruction the student will receive. The list shall be 8 updated annually for each grade level in which the student is 9 enrolled. 10 (2) A description of the lessons and activities to be 11 offered both online and offline. 12 (3) The manner in which attendance will be reported and 13 work will be authenticated. 14 (4) A list of all standardized tests the student will be 15 required to take during the school year and the place where 16 the test will be administered, if available. 17 (5) The meetings to be held during the school year 18 between a parent or guardian and a teacher and among other 19 school officials or parents or guardians and the manner in 20 which the parent or guardian will be notified of the time and 21 place for the meeting. 22 (6) The address of the cyber charter school and the 23 name, telephone number and e-mail address of the school 24 administrator and other school personnel. 25 (7) A list of any extracurricular activities provided by 26 the cyber charter school. 27 (8) The names of the student's teachers, if available, 28 and the manner in which each teacher can be contacted by the 29 student or the parent or guardian. 30 (9) A list of all services that will be provided to the 20070H0446B2951 - 10 -
1 student by the cyber charter school. 2 (10) Copies of policies relating to computer security 3 and privacy, truancy, absences, discipline and withdrawal or 4 expulsion of students. 5 (11) Information on: 6 (i) The cyber charter school's professional staff, 7 including the number of staff personnel, their education 8 level and experience. 9 (ii) The cyber charter school's performance on the 10 PSSA and other standardized test scores. 11 (12) Information regarding the proper usage of equipment 12 and materials and the process for returning equipment and 13 materials supplied to the students by the cyber charter 14 school. A parent or guardian shall acknowledge, either in 15 writing or electronically, the receipt of this information. 16 (13) A description of the school calendar, including, 17 but not limited to, the time frame that will constitute a 18 school year and a school week, holidays and term breaks. 19 (e) Students.--For each student enrolled, a cyber charter 20 school shall: 21 (1) provide all instructional materials; 22 (2) provide all equipment, including, but not limited 23 to, a computer, computer monitor and printer; and 24 (3) provide or reimburse for all technology and services 25 necessary for the on-line delivery of the curriculum and 26 instruction. 27 The Commonwealth shall not be liable for any reimbursement owed 28 to students, parents or guardians by a cyber charter school 29 under paragraph (3). 30 (f) Annual report.--A cyber charter school shall submit an 20070H0446B2951 - 11 -
1 annual report no later than August 1 of each year to the 2 department in the form prescribed by the department. 3 (g) Records and facilities.--A cyber charter school shall 4 provide the department with ongoing access to all records and 5 facilities necessary for the department to assess the cyber 6 charter school in accordance with the provisions of this 7 subdivision. 8 (h) Offices and facilities.--A cyber charter school shall 9 maintain an administrative office within this Commonwealth where 10 all student records shall be maintained at all times and shall 11 provide the department with the addresses of all offices and 12 facilities of the cyber charter school, the ownership thereof 13 and any lease arrangements. The administrative office of the 14 cyber charter school shall be considered as the principal place 15 of business for service of process for any action brought 16 against the cyber charter school or cyber charter school staff 17 members. The cyber charter school shall notify the department of 18 any changes in this information within ten days of the change. 19 (i) Applicable law.--Any action taken against the cyber 20 charter school, its successors or assigns or its employees, 21 including any cyber charter school staff member as defined in 22 the act of December 12, 1973 (P.L.397, No.141), known as the 23 Professional Educator Discipline Act, shall be governed by the 24 laws of this Commonwealth. If the department initiates an 25 investigation or pursues an action pursuant to the Professional 26 Educator Discipline Act involving any current or former charter 27 school staff member outside this Commonwealth, any reasonable 28 expenses incurred by the department in such investigation or 29 action shall be paid by the cyber charter school which employed 30 that staff member at the time of the alleged misconduct. 20070H0446B2951 - 12 -
1 Section 1744-A. School district and intermediate unit 2 responsibilities. 3 An intermediate unit or a school district in which a student 4 enrolled in a cyber charter school resides shall do all of the 5 following: 6 (1) Provide the cyber charter school within ten days of 7 receipt of the notice of the admission of the student under 8 section 1748-A(a) with all records relating to the student, 9 including transcripts, test scores and a copy of any 10 individualized education program for that student. 11 (2) Provide the cyber charter school with reasonable 12 access to its facilities for the administration of 13 standardized tests required under this subdivision. 14 (3) Upon request, provide assistance to the cyber 15 charter school in the delivery of services to a student with 16 disabilities. The school district or intermediate unit shall 17 not charge the cyber charter school more for a service than 18 it charges a school district. 19 (4) Make payments to the cyber charter school under 20 section 1725-A. 21 Section 1745-A. Establishment of cyber charter school. 22 (a) Establishment.--A cyber charter school may be 23 established by an individual; one or more teachers who will 24 teach at the proposed cyber charter school; parents or guardians 25 of students who will enroll in the cyber charter school; a 26 nonsectarian college, university or museum located in this 27 Commonwealth; a nonsectarian corporation not-for-profit as 28 defined in 15 Pa.C.S. § 5103 (relating to definitions); a 29 corporation, association or partnership; or any combination of 30 the foregoing. Section 1327.1 shall not apply to a cyber charter 20070H0446B2951 - 13 -
1 school established under this subdivision. 2 (b) Sectarian entities.--No cyber charter school shall be 3 established or funded by and no charter shall be granted to a 4 sectarian school, institution or other entity. 5 (c) Attendance.--Attendance at a cyber charter school shall 6 satisfy requirements for compulsory attendance. 7 (d) Application.--An application to establish a cyber 8 charter school shall be submitted to the department by October 1 9 of the school year preceding the school year in which the cyber 10 charter school proposes to commence operation. 11 (e) Grant or denial.--Within 120 days of receipt of an 12 application, the department shall grant or deny the application. 13 The department shall review the application and shall hold at 14 least one public hearing under 65 Pa.C.S. Ch. 7 (relating to 15 open meetings). At least 30 days prior to the hearing, the 16 department shall publish in the Pennsylvania Bulletin and on the 17 department's World Wide Web site notice of the hearing and the 18 purpose of the application. 19 (f) Evaluation criteria.-- 20 (1) A cyber charter school application submitted under 21 this subdivision shall be evaluated by the department based 22 on the following criteria: 23 (i) The demonstrated, sustainable support for the 24 cyber charter school plan by teachers, parents or 25 guardians and students. 26 (ii) The capability of the cyber charter school 27 applicant, in terms of support and planning, to provide 28 comprehensive learning experiences to students under the 29 charter. 30 (iii) The extent to which the programs outlined in 20070H0446B2951 - 14 -
1 the application will enable students to meet the academic 2 standards under 22 Pa. Code Ch. 4 (relating to academic 3 standards and assessment) or subsequent regulations 4 promulgated to replace 22 Pa. Code Ch. 4. 5 (iv) The extent to which the application meets the 6 requirements of section 1747-A. 7 (v) The extent to which the cyber charter school may 8 serve as a model for other public schools. 9 (2) Written notice of the action of the department shall 10 be sent by certified mail to the applicant and published on 11 the department's World Wide Web site. If the application is 12 denied, the reasons for denial, including a description of 13 deficiencies in the application, shall be clearly stated in 14 the notice. 15 (3) Upon approval of a cyber charter school application, 16 a written charter shall be developed which shall contain the 17 provisions of the charter application and be signed by the 18 secretary and each member of the board of trustees of the 19 cyber charter school. The charter, when duly signed, shall 20 act as legal authorization of the establishment of a cyber 21 charter school. The charter shall be legally binding on the 22 department, the cyber charter school and its board of 23 trustees. The charter shall be for a period of no less than 24 three years nor more than five years and may be renewed for a 25 period of five years by the department. 26 (4) The decision of the department to deny an 27 application may be appealed to the appeal board. 28 (g) Denied application.--A cyber charter school applicant 29 may revise and resubmit a denied application to the department. 30 The department shall grant or deny the revised application 20070H0446B2951 - 15 -
1 within 60 days after its receipt. 2 (h) Appeal.--If the department fails to hold the required 3 public hearing or to approve or disapprove the charter, the 4 applicant may file its application as an appeal to the appeal 5 board. The appeal board shall review the application and make a 6 decision to approve or disapprove the charter based on the 7 criteria in subsection (f). 8 Section 1746-A. State Charter School Appeal Board review. 9 (a) Jurisdiction.--The appeal board shall have the exclusive 10 review of an appeal by a cyber charter school applicant or by 11 the board of trustees of a cyber charter school on the decisions 12 of the department, including: 13 (1) The denial of an application for a charter. 14 (2) The denial of a renewal of a charter. 15 (3) The revocation of a charter. 16 (4) An appeal under section 1745-A(h). 17 (b) Procedure.--The appeal board shall: 18 (1) Review the decision made by the department under 19 subsection (a) on the record as certified by the department. 20 The secretary shall recuse himself from all cyber charter 21 school appeals and shall not participate in a hearing, 22 deliberation or vote on a cyber charter school appeal. The 23 appeal board may allow the department, the cyber charter 24 school applicant or the board of trustees of a cyber charter 25 school to supplement the record if the supplemental 26 information was previously unavailable. 27 (2) Meet to officially review the certified record no 28 later than 30 days after the date of filing the appeal. 29 (3) Issue a written decision affirming or denying the 30 appeal no later than 60 days following its review. 20070H0446B2951 - 16 -
1 (4) In the case of a decision by the department to deny 2 a cyber charter application, make its decision based on 3 section 1745-A(f)(1). A decision by the appeal board to 4 reverse the decision of the department and grant a charter 5 shall serve as a requirement for the secretary to sign the 6 written charter of the cyber charter school. 7 (5) In the case of a decision by the department to 8 revoke or deny renewal of a cyber school charter in 9 accordance with section 1741-A(a)(3), make its decision based 10 on section 1729-A(a). A decision of the appeal board to 11 reverse the decision of the department to not revoke or deny 12 renewal of a charter shall serve as a requirement of the 13 department to not revoke or to not deny renewal of the 14 charter of the cyber charter school. 15 (c) Stay.--If the department appeals the decision of the 16 appeal board, the appeal board's decision shall be stayed only 17 upon order of the appeal board, the Commonwealth Court or the 18 Pennsylvania Supreme Court. 19 (d) Review.--All decisions of the appeal board shall be 20 subject to appellate review by the Commonwealth Court. 21 Section 1747-A. Cyber charter school application. 22 In addition to the provisions of section 1719-A, an 23 application to establish a cyber charter school shall also 24 include the following: 25 (1) The curriculum to be offered and how it meets the 26 requirements of 22 Pa. Code Ch. 4 (relating to academic 27 standards and assessment) or subsequent regulations 28 promulgated to replace 22 Pa. Code Ch. 4. 29 (2) The number of courses required for elementary and 30 secondary students. 20070H0446B2951 - 17 -
1 (3) An explanation of the amount of on-line time 2 required for elementary and secondary students. 3 (4) The manner in which teachers will deliver 4 instruction, assess academic progress and communicate with 5 students to provide assistance. 6 (5) A specific explanation of any cooperative learning 7 opportunities, meetings with students, parents and guardians, 8 field trips or study sessions. 9 (6) The technology, including types of hardware and 10 software, equipment and other materials which will be 11 provided by the cyber charter school to the student. 12 (7) A description of how the cyber charter school will 13 define and monitor a student's school day, including the 14 delineation of on-line and off-line time. 15 (8) A description of commercially prepared standardized 16 achievement tests that will be used by the cyber charter 17 school in addition to the Pennsylvania System of School 18 Assessment test, including the grade levels that will be 19 tested and how the data collected from the tests will be used 20 to improve instruction. 21 (9) The technical support that will be available to 22 students and parents or guardians. 23 (10) The privacy and security measures to ensure the 24 confidentiality of data gathered online. 25 (11) The level of anticipated enrollment during each 26 school year of the proposed charter, including expected 27 increases due to the addition of grade levels. 28 (12) The methods to be used to insure the authenticity 29 of student work and adequate proctoring of examinations. 30 (13) The provision of education and related services to 20070H0446B2951 - 18 -
1 students with disabilities, including evaluation and the 2 development and revision of individualized education 3 programs. 4 (14) Policies regarding truancy, absences and withdrawal 5 of students, including the manner in which the cyber charter 6 school will monitor attendance consistent with the provisions 7 of section 1715-A(9). 8 (15) The types and frequency of communication between 9 the cyber charter school and the student and the manner in 10 which the cyber charter school will communicate with parents 11 and guardians. 12 (16) The addresses of all facilities and offices of the 13 cyber charter school, the ownership thereof and any lease 14 arrangements. 15 Section 1748-A. Enrollment and notification. 16 (a) Notice to school district.-- 17 (1) Within 15 days of the enrollment of a student to a 18 cyber charter school, the parent or guardian and the cyber 19 charter school shall notify the student's school district of 20 residence of the enrollment through the use of the 21 notification form under subsection (b). 22 (2) If a school district which has received notice under 23 paragraph (1) determines that a student is not a resident of 24 the school district, the following apply: 25 (i) Within seven days of receipt of the notice under 26 paragraph (1), the school district shall notify the cyber 27 charter school and the department that the student is not 28 a resident of the school district. Notification of 29 nonresidence shall include the basis for the 30 determination. 20070H0446B2951 - 19 -
1 (ii) Within seven days of notification under 2 subparagraph (i), the cyber charter school shall review 3 the notification of nonresidence, respond to the school 4 district and provide a copy of the response to the 5 department. If the cyber charter school agrees that a 6 student is not a resident of the school district, it 7 shall determine the proper district of residence of the 8 student before requesting funds from another school 9 district. 10 (iii) Within seven days of receipt of the response 11 under subparagraph (ii), the school district shall notify 12 the cyber charter school that it agrees with the cyber 13 charter school's determination or does not agree with the 14 cyber charter school's determination. 15 (iv) A school district that has notified the cyber 16 charter school that it does not agree with the cyber 17 charter school's determination under subparagraph (iii) 18 shall appeal to the department for a final determination. 19 (v) All decisions of the department regarding the 20 school district of residence of a student shall be 21 subject to review by the Commonwealth Court. 22 (vi) A school district shall continue to make 23 payments to a cyber charter school under section 1725-A 24 during the time in which the school district of residence 25 of a student is in dispute. 26 (vii) If a final determination is made that a 27 student is not a resident of an appealing school 28 district, the cyber charter school shall return all funds 29 provided on behalf of that student to the school district 30 within 30 days. 20070H0446B2951 - 20 -
1 (b) Notification form.--The department shall develop a 2 notification form for use under subsection (a). The notification 3 shall include: 4 (1) The name, home address and mailing address of the 5 student. 6 (2) The grade in which the student is being enrolled. 7 (3) The date the student will be enrolled. 8 (4) The name and address of the cyber charter school and 9 the name and telephone number of a contact person able to 10 provide information regarding the cyber charter school. 11 (5) The signature of the parent or guardian and an 12 authorized representative of the cyber charter school. 13 (c) Withdrawal.--The cyber charter school and the parent or 14 guardian of a student enrolled in a cyber charter school shall 15 provide written notification to the student's school district of 16 residence within 15 days following the withdrawal of a student 17 from the cyber charter school. 18 Section 1749-A. Applicability of other provisions of this act 19 and of other acts and regulations. 20 (a) General requirements.--Cyber charter schools shall be 21 subject to the following: 22 (1) Sections 108, 110, 111, 321, 325, 326, 327, 431, 23 436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777, 24 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301, 25 1302, 1310, 1317.2, 1318, 1330, 1332, 1303-A, 1518, 1521, 26 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A, 27 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A, 28 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and 2014-A and 29 Articles XII-A, XIII-A and XIV. 30 (2) The act of July 17, 1961 (P.L.776, No.341), known as 20070H0446B2951 - 21 -
1 the Pennsylvania Fair Educational Opportunities Act. 2 (3) The act of July 19, 1965 (P.L.215, No.116), entitled 3 "An act providing for the use of eye protective devices by 4 persons engaged in hazardous activities or exposed to known 5 dangers in schools, colleges and universities." 6 (4) Section 4 of the act of January 25, 1966 (1965 7 P.L.1546, No.541), entitled "An act providing scholarships 8 and providing funds to secure Federal funds for qualified 9 students of the Commonwealth of Pennsylvania who need 10 financial assistance to attend postsecondary institutions of 11 higher learning, making an appropriation, and providing for 12 the administration of this act." 13 (5) The act of July 12, 1972 (P.L.765, No.181) entitled 14 "An act relating to drugs and alcohol and their abuse, 15 providing for projects and programs and grants to educational 16 agencies, other public or private agencies, institutions or 17 organizations." 18 (6) The act of December 15, 1986 (P.L.1595, No.175), 19 known as the Antihazing Law. 20 (b) Regulations.--Cyber charter schools shall be subject to 21 the following provisions of 22 Pa. Code (relating to education): 22 (1) Chapter 4 (relating to academic standards and 23 assessment). 24 (2) Chapter 11 (relating to pupil attendance). 25 (3) Chapter 12 (relating to students). 26 (4) Section 32.3 (relating to assurances). 27 (5) Section 121.3 (relating to discrimination 28 prohibited). 29 (6) Section 235.4 (relating to practices). 30 (7) Section 235.8 (relating to civil rights). 20070H0446B2951 - 22 -
1 (8) Chapter 711 (relating to charter school services and 2 programs for children with disabilities). 3 (c) Existing charter schools.-- 4 (1) The charter of a charter school approved under 5 section 1717-A or 1718-A which provides instruction through 6 the Internet or other electronic means shall remain in effect 7 for the duration of the charter and shall be subject to the 8 provisions of Subdivision (b). 9 (2) In addition to subsections (a) and (b), the 10 following provisions of this subdivision shall apply to a 11 charter school approved under section 1717-A or 1718-A which 12 provides instruction through the Internet or other electronic 13 means: 14 (i) Section 1743-A(c), (d), (e), (h) and (i). 15 (ii) Section 1744-A. 16 (iii) Section 1748-A. 17 Section 1750-A. Effect on certain existing charter schools. 18 (a) Determination.--For a charter school approved under 19 section 1717-A or 1718-A which provides instruction through the 20 Internet or other electronic means, prior to August 15, 2002, 21 the department shall determine: 22 (1) whether the charter school is in compliance with 23 this subdivision; 24 (2) whether the charter school has provided notification 25 of the enrollment of each existing student to the school 26 district of residence; and 27 (3) how the charter school plans to comply with section 28 1743-A(d). 29 (b) Notification of compliance.--Prior to August 15, 2002, 30 the department shall: 20070H0446B2951 - 23 -
1 (1) Notify each charter school and the chartering school 2 district of the department's determination under subsection 3 (a). The notification shall include specific requirements 4 with which the charter school has failed to comply. 5 (2) Publish a copy of the notification on the 6 department's World Wide Web site. 7 (c) Charter school requirement.--A charter school subject to 8 the requirements of this section shall, either in writing or 9 electronically, provide the parent or guardian of any student 10 enrolled in the charter school a copy of the department's 11 determination under subsection (b). 12 (d) School districts.--A school district shall not renew the 13 charter of a charter school approved under section 1717-A or 14 1718-A which provides instruction through the Internet or other 15 electronic means or approve a charter for a cyber charter 16 school. 17 (e) Renewal of charter for certain existing charter 18 schools.--Upon the expiration of its charter, a charter school 19 approved under section 1717-A or 1718-A which provides 20 instruction through the Internet or other electronic means shall 21 seek renewal of its charter from the department under this 22 subdivision. The charter shall be amended as needed to reflect 23 the requirements of this subdivision. 24 Section 1751-A. Regulations. 25 The department may issue regulations to implement this 26 subdivision.] 27 Section 5. The act is amended by adding an article to read: 28 ARTICLE XVII-C 29 CHARTER CYBER SCHOOLS 30 (a) Preliminary Provisions 20070H0446B2951 - 24 -
1 Section 1701-C. Scope. 2 This article deals with charter cyber schools. 3 Section 1702-C. Definitions. 4 The following words and phrases when used in this article 5 shall have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 "Appeal board." The State Charter School Appeal Board 8 established by Article XVII-A. 9 "At-risk student." A student at risk of educational failure 10 because of limited English proficiency, poverty, community 11 factors, truancy, academic difficulties or economic 12 disadvantage. 13 "Charter cyber school." An independent public school 14 established and operated under a charter from the Department of 15 Education and in which the school uses technology in order to 16 provide a significant portion of its curriculum and to deliver a 17 significant portion of instruction to its students through the 18 Internet or other electronic means. A charter cyber school must 19 be organized as a public, nonprofit corporation. A charter may 20 not be granted to a for-profit entity. 21 "Chief executive officer." An individual appointed by the 22 board of trustees to oversee and manage the operation of the 23 charter cyber school, but who shall not be deemed a professional 24 staff member under this article. 25 "Department." The Department of Education of the 26 Commonwealth. 27 "School district of residence." The school district in this 28 Commonwealth in which the parents or guardians of a child 29 reside. 30 "Secretary." The Secretary of Education of the Commonwealth. 20070H0446B2951 - 25 -
1 "State board." The State Board of Education. 2 (b) Governance 3 Section 1711-C. Powers of charter cyber schools. 4 (a) General powers.--A charter cyber school established 5 under this article is a body corporate and shall have all powers 6 necessary or desirable for carrying out its charter, including, 7 but not limited to, the power to: 8 (1) Adopt a name and corporate seal; however, any name 9 selected shall include the words "charter cyber school." 10 (2) Sue and be sued, but only to the same extent and 11 upon the same condition that political subdivisions and local 12 agencies can be sued. 13 (3) Acquire real property from public or private sources 14 by lease or gift for use as a charter cyber school facility. 15 (4) Receive and disburse budgeted funds for charter 16 school purposes only. The funds shall not be used for any 17 other purpose, or transferred, except by resolution of the 18 board of trustees receiving the affirmative vote of two- 19 thirds of the members thereof. Whenever Federal or State 20 funds are made available to charter cyber schools, the funds 21 may be expended by the board of trustees for the purposes for 22 which they are made available even though the provisions 23 therefor were not made in the annual estimates or budget of 24 the charter cyber entity. 25 (5) Make contracts and leases for the procurement of 26 services, equipment and supplies. 27 (6) Incur temporary debts in anticipation of the receipt 28 of funds. 29 (7) Solicit and accept any gifts or grants for charter 30 cyber school purposes. 20070H0446B2951 - 26 -
1 (b) Additional powers.--A charter cyber school shall have 2 such other powers as are necessary to fulfill its charter and 3 which are not inconsistent with this article. 4 (c) Indebtedness.--Any indebtedness incurred by a charter 5 cyber school in the exercise of the powers specified in this 6 section shall not impose any liability or legal obligation upon 7 the Commonwealth. 8 Section 1712-C. Powers of board of trustees. 9 (a) General powers.--The board of trustees of a charter 10 cyber school shall have the authority to decide matters related 11 to the operation of the school, including, but not limited to, 12 budgeting, except as set forth in sections 2528 and 2529, 13 curriculum and operating procedures, subject to the school's 14 charter. The board shall have the authority to employ, discharge 15 and contract with necessary professional and nonprofessional 16 employees subject to the school's charter and the provisions of 17 this article. 18 (b) Compliance with Sunshine Act.--The board of trustees 19 shall comply with 65 Pa.C.S. Ch. 7 (relating to open meetings). 20 (c) Conflict of interest.--No member of the board of 21 trustees or employee of the charter cyber school may do business 22 with the school or the management of the school nor may a person 23 affiliated with the management of the school sit on the board of 24 trustees. 25 Section 1713-C. Term and form of charter. 26 (a) Written charter.--Upon approval of a charter application 27 under section 1727-C, a written charter shall be developed which 28 shall contain the provisions of the charter application and 29 which shall be signed by the department or by the chairman of 30 the appeal board pursuant to section 1727-C(j) and the board of 20070H0446B2951 - 27 -
1 trustees of the charter cyber school. This written charter, when 2 duly signed by the department and the charter cyber school's 3 board of trustees, shall act as legal authorization for the 4 establishment of a charter cyber school. This written charter 5 shall be legally binding on both the department and the charter 6 cyber school's board of trustees. 7 (b) Term.--The charter shall be for a period of no less than 8 three nor more than five years and may be renewed for five-year 9 periods upon reauthorization by the department or the appeal 10 board. 11 (c) Organization.--A charter will be granted only for a 12 school organized as a public, nonprofit corporation. 13 Section 1714-C. Facilities. 14 (a) Location.--A charter cyber school may be located in any 15 suitable location. 16 (b) Exemption from regulation.--The charter cyber school 17 facility shall be exempt from public school facility regulations 18 except those pertaining to the health or safety of the pupils. 19 Section 1715-C. School staff. 20 (a) Requirements.--The board of trustees shall determine the 21 level of compensation and all terms and conditions of employment 22 of the staff except as may otherwise be provided in this 23 article. At least 75% of the professional staff members of a 24 charter cyber school shall hold appropriate State certification. 25 Employees of a charter cyber school may organize under the act 26 of July 23, 1970 (P.L.563, No.195), known as the Public Employe 27 Relations Act. The board of trustees of a charter cyber school 28 shall be considered an employer for the purposes of Article XI- 29 A. Upon formation of one or more collective bargaining units at 30 the school, the board of trustees shall bargain with the 20070H0446B2951 - 28 -
1 employees based on the provisions of this article, Article XI-A 2 and the Public Employe Relations Act. Collective bargaining 3 units at a charter cyber school shall be separate from any 4 collective bargaining unit of the school district in which the 5 charter cyber school is located and shall be separate from any 6 other collective bargaining unit. A charter cyber school shall 7 be considered a school entity as provided for in section 1161-A 8 for the purpose of the secretary seeking an injunction requiring 9 the charter cyber school to meet the minimum requirements for 10 instruction as provided for in this article. 11 (b) Qualifications.--Each charter application shall list the 12 general qualifications needed to staff any noncertified 13 positions. Professional employees who do not hold appropriate 14 Pennsylvania certification must present evidence that they: 15 (1) Meet the qualifications in sections 1109 and 1209. 16 (2) Have demonstrated satisfactorily a combination of 17 experience, achievement and qualifications as defined in the 18 charter cyber school application in basic skills, general 19 knowledge, professional knowledge and practice and subject 20 matter knowledge in the subject area where an individual will 21 teach. 22 (c) Retirement and social security.--All employees of a 23 charter cyber school shall be enrolled in the Public School 24 Employees' Retirement System in the same manner as set forth in 25 24 Pa.C.S. § 8301(a) (relating to mandatory and optional 26 membership). The Commonwealth shall make contributions on behalf 27 of charter cyber school employees, and the charter cyber school 28 shall be considered a school district and shall make payments by 29 employers and payments on account of Social Security as 30 established under 24 Pa.C.S. Pt. IV (relating to retirement for 20070H0446B2951 - 29 -
1 school employees). For purposes of payments by employers, a 2 charter cyber school shall be considered a school district under 3 24 Pa.C.S. § 8329(a)(1) (relating to payments on account of 4 social security deductions from appropriations). The market 5 value/income aid ratio used in calculating payments as 6 prescribed in this subsection shall be a composite market 7 value/income aid ratio for the participating school districts as 8 determined by the department. Except as otherwise provided, 9 employees of a charter cyber school shall make regular member 10 contributions as required for active members under 24 Pa.C.S. 11 Pt. IV. For purposes of this subsection, a charter cyber school 12 shall be deemed to be a "public school" as defined in 24 Pa.C.S. 13 § 8102 (relating to definitions). 14 (d) Health care benefits.--Every employee of a charter cyber 15 school shall be provided the same health care benefits as the 16 employee would be provided if the employee were an employee of 17 the local district. The charter school shall make any required 18 employer's contribution to the district's health plan to an 19 insurer, a local board of school directors or a contractual 20 representative of school employees, whichever is appropriate to 21 provide the required coverage. 22 (e) Certification.--Professional employees who hold a first 23 level teaching or administrative certificate may, at their 24 option, have the time completed in satisfactory service in a 25 charter cyber school applied to the length of service 26 requirements for the next level of certification. 27 (f) Criminal history.--All applicants for a position as a 28 charter cyber school employee who shall have direct contact or 29 electronic contact via the Internet or e-mail with students 30 shall be required to submit a report of criminal history record 20070H0446B2951 - 30 -
1 information as provided for in section 111 prior to accepting a 2 position with the charter cyber school. This subsection shall 3 also apply to any individual who volunteers to work on a full- 4 time or part-time basis at the charter cyber school. 5 (g) Child abuse clearance.--All applicants for a position as 6 a school employee shall be required to submit the official 7 clearance statement regarding child injury or abuse from the 8 Department of Public Welfare as required by 23 Pa.C.S. Ch. 63 9 Subch. C.2 (relating to background checks for employment in 10 schools). This section shall also apply to any individual who 11 volunteers to work on a full-time or part-time basis at a 12 charter cyber school. 13 Section 1716-C. Tort liability. 14 For purposes of tort liability, employees of the charter 15 cyber school shall be considered public employees and the board 16 of trustees shall be considered the public employer in the same 17 manner as political subdivisions and local agencies. The board 18 of trustees of a charter cyber school and the charter cyber 19 school shall be solely liable for any and all damages of any 20 kind resulting from any legal challenge involving the operation 21 of a charter cyber school. Notwithstanding this requirement, the 22 local board of directors of a school entity shall not be held 23 liable for any activity or operation related to the program of 24 the charter cyber school. 25 Section 1717-C. Causes for nonrenewal or termination. 26 (a) Revocation.--During the term of the charter or at the 27 end of the term of the charter, the department may choose to 28 revoke or not to renew the charter based on any of the 29 following: 30 (1) One or more material violations of any of the 20070H0446B2951 - 31 -
1 conditions, standards or procedures contained in the written 2 charter signed pursuant to section 1713-C. 3 (2) Failure to meet the requirements for student 4 performance set forth in 22 Pa. Code Ch. 4 (relating to 5 academic standards and assessment) or subsequent regulations 6 promulgated to replace 22 Pa. Code Ch. 4 or failure to meet 7 any performance standard set forth in the written charter 8 signed pursuant to section 1713-C. 9 (3) Failure to meet generally accepted standards of 10 fiscal management or audit requirements. 11 (4) Violation of provisions of this article. 12 (5) Violation of any provision of law from which the 13 charter cyber school has not been exempted, including Federal 14 laws and regulations governing children with disabilities. 15 (6) The charter cyber school has been convicted of 16 fraud. 17 (b) Disqualification.--A member of the board of trustees who 18 is convicted of a felony or any crime involving moral turpitude 19 shall be immediately disqualified from serving on the board of 20 trustees. 21 (c) Notice.--Any notice of revocation or nonrenewal of a 22 charter given by the department shall state the grounds for the 23 action with reasonable specificity and give reasonable notice to 24 the governing board of the charter cyber school of the date on 25 which a public hearing concerning the revocation or nonrenewal 26 will be held. The department shall conduct the hearing, present 27 evidence in support of the grounds for revocation or nonrenewal 28 stated in its notice and give the charter cyber school 29 reasonable opportunity to offer testimony before taking final 30 action. Formal action revoking or not renewing a charter shall 20070H0446B2951 - 32 -
1 be taken by the department at a public meeting pursuant to 65 2 Pa.C.S. Ch. 7 (relating to open meetings) after the public has 3 had 30 days to provide comments to the department. All 4 proceedings of the department pursuant to this subsection shall 5 be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and 6 procedure of Commonwealth agencies). Except as provided in 7 subsection (d), the decision of the department shall not be 8 subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review 9 of Commonwealth agency action). 10 (d) Appeal.--The charter cyber school may appeal the 11 decision of the department to revoke or not renew the charter to 12 the appeal board. The appeal board shall have the exclusive 13 review of a decision not to renew or revoke a charter. The 14 appeal board shall review the record and shall have the 15 discretion to supplement the record if the supplemental 16 information was previously unavailable. The appeal board may 17 consider the charter cyber school plan, annual reports, student 18 performance and employee and community support for the charter 19 cyber school in addition to the record. The appeal board shall 20 give due consideration to the findings of the department and 21 specifically articulate its reasons for agreeing or disagreeing 22 with those findings in its written decision. 23 (e) Determination.--If the appeal board determines that the 24 charter should not be revoked or should be renewed, the appeal 25 board shall order the department to rescind its revocation or 26 nonrenewal decision. 27 (f) Status of charter.--Except as provided in subsection 28 (g), the charter shall remain in effect until final disposition 29 by the appeal board. 30 (g) Special circumstances.--In cases where the health or 20070H0446B2951 - 33 -
1 safety of the school's pupils, staff or both is at serious risk, 2 the department may take immediate action to revoke a charter. 3 (h) Review by Commonwealth Court.--All decisions of the 4 appeal board shall be subject to appellate review by the 5 Commonwealth Court. 6 (i) Dissolution.--When a charter is revoked, not renewed, 7 forfeited, surrendered or otherwise ceases to operate, the 8 charter cyber school shall be dissolved. After the disposition 9 of any liabilities and obligations of the charter cyber school, 10 any remaining assets of the charter cyber school, both real and 11 personal, shall be distributed on a proportional basis to the 12 school entities with students enrolled in the charter cyber 13 school for the last full or partial school year of the charter 14 cyber school. In no event shall such school entities or the 15 Commonwealth be liable for any outstanding liabilities or 16 obligations of the charter cyber school. 17 (j) Students.--When a charter is revoked or is not renewed, 18 a student who attended the charter cyber school shall apply to 19 another public school in the student's school district of 20 residence. Normal application deadlines will be disregarded 21 under these circumstances. All student records maintained by the 22 charter cyber school shall be forwarded within ten days to the 23 student's district of residence. 24 (c) Establishment and Operation 25 Section 1721-C. Powers and duties of department. 26 (a) Powers and duties.--The department shall: 27 (1) Receive, review and act on applications for the 28 creation of a charter cyber school and have the power to 29 request further information from applicants, obtain input 30 from interested persons or entities and hold hearings 20070H0446B2951 - 34 -
1 regarding applications. 2 (2) Renew the charter of a charter cyber school and 3 renew the charter of a charter school approved under section 4 1717-A or 1718-A which provides instruction through the 5 Internet or other electronic means. Upon renewal of a charter 6 of a charter school approved under section 1717-C or 1718-C, 7 the charter school shall qualify as a charter cyber school 8 under this article and shall be subject to the provisions of 9 this article. 10 (3) Revoke or deny renewal of a charter cyber school's 11 charter under the provisions of section 1717-C. 12 (i) Notwithstanding the provisions of section 1717- 13 C(i), when the department has revoked or denied renewal 14 of a charter, the charter cyber school shall be 15 dissolved. After the disposition of the liabilities and 16 obligations of the charter cyber school, any remaining 17 assets of the charter cyber school shall be given over to 18 the department. Upon the transfer of assets from the 19 charter cyber school to the department, the department 20 shall equally distribute any remaining funds of the 21 charter cyber school to the school entities that enroll 22 the former charter cyber school students. 23 (ii) Notwithstanding any laws to the contrary, the 24 department may, after notice and hearing, take immediate 25 action to revoke a charter if: 26 (A) a material component of the student's 27 education as required under this article is not being 28 provided; or 29 (B) the charter cyber school has failed to 30 maintain the financial ability to provide services as 20070H0446B2951 - 35 -
1 required under this article. 2 (4) Execute charters after approval. 3 (5) Develop forms, including the notification form under 4 section 1731-C(c), necessary to carry out the provisions of 5 this article. 6 (6) Provide for funding at charter cyber schools in 7 accordance with section 2527. 8 (b) Hearings.--Hearings conducted by the department shall be 9 conducted under 65 Pa.C.S. Ch. 7 (relating to open meetings). 10 (c) Documents.--Documents of the appeal board shall be 11 subject to the act of June 21, 1957 (P.L.390, No.212), referred 12 to as the Right-to-Know Law. 13 Section 1722-C. Assessment and evaluation. 14 The department shall: 15 (1) Annually assess whether each charter cyber school is 16 meeting the goals of its charter as required under section 17 1726-C(5) and is in compliance with the provisions of the 18 charter and conduct a comprehensive review prior to granting 19 a five-year renewal of the charter. 20 (2) Annually review each charter cyber school's 21 performance on the Pennsylvania System of School Assessment 22 test, standardized tests and other performance indicators to 23 ensure compliance with 22 Pa. Code Ch. 4 (relating to 24 academic standards and assessment) or subsequent regulations 25 promulgated to replace 22 Pa. Code Ch. 4. 26 (3) Have ongoing access to all records, instructional 27 materials and student and staff records of each charter cyber 28 school and to every charter cyber school facility to ensure 29 the charter cyber school is in compliance with its charter 30 and this article. 20070H0446B2951 - 36 -
1 Section 1723-C. Charter cyber school requirements and 2 prohibitions. 3 (a) Special financial requirements prohibited.--A charter 4 cyber school shall not: 5 (1) except as provided for in subsection (e), provide 6 payments to parents or guardians for the purchase of 7 instructional materials; or 8 (2) except as compensation for the provision of specific 9 services, enter into agreements to provide funds to a school 10 entity. 11 (b) Enrollment.--A charter cyber school shall report to the 12 department an increase or a decrease of 15% or more in its 13 anticipated enrollment set forth in the application under 14 section 1729-C(11). 15 (c) Department.--A charter cyber school shall make available 16 upon request, either in writing or electronically, to the 17 department the following: 18 (1) A copy of the charter. 19 (2) A copy of the charter cyber school application. 20 (3) A copy of all annual reports prepared by the charter 21 cyber school. 22 (c.1) School district.--A charter cyber school shall make 23 available upon request, either in writing or electronically, to 24 each student's school district of residence, a list of all 25 students from that school district enrolled in the charter cyber 26 school. 27 (d) Parent or guardian.--Upon request and prior to the 28 student's first day in a charter cyber school, the charter cyber 29 school shall, either in writing or electronically, provide to 30 the parent or guardian of a student the following: 20070H0446B2951 - 37 -
1 (1) A list and brief description of the courses of 2 instruction the student will receive. The list shall be 3 updated annually for each grade level in which the student is 4 enrolled. 5 (2) A description of the lessons and activities to be 6 offered both online and off-line. 7 (3) The manner in which attendance will be reported and 8 work will be authenticated. 9 (4) A list of all standardized tests the student will be 10 required to take during the school year and the place where 11 the test will be administered, if available. 12 (5) The meetings to be held during the school year 13 between a parent or guardian and a teacher and among other 14 school officials or parents or guardians and the manner in 15 which the parent or guardian will be notified of the time and 16 place for the meeting. 17 (6) The address of the charter cyber school and the 18 name, telephone number and e-mail address of the school 19 administrator and other school personnel. 20 (7) A list of any extracurricular activities provided by 21 the charter cyber school. 22 (8) The names of the student's teachers, if available, 23 and the manner in which each teacher can be contacted by the 24 student or the parent or guardian. 25 (9) A list of all services that will be provided to the 26 student by the charter cyber school. 27 (10) Copies of policies relating to computer security 28 and privacy, truancy, absences, discipline and withdrawal or 29 expulsion of students. 30 (11) Information on: 20070H0446B2951 - 38 -
1 (i) The charter cyber school's professional staff, 2 including the number of staff personnel, their education 3 level and experience. 4 (ii) The charter cyber school's performance on the 5 PSSA test and other standardized test scores. 6 (12) Information regarding the proper usage of equipment 7 and materials and the process for returning equipment and 8 materials supplied to the students by the charter cyber 9 school. A parent or guardian shall acknowledge, either in 10 writing or electronically, the receipt of this information. 11 (13) A description of the school calendar, including, 12 but not limited to, the time frame that will constitute a 13 school year and a school week, holidays and term breaks. 14 (e) Students.--For each student enrolled, a charter cyber 15 school shall: 16 (1) provide all instructional materials; 17 (2) provide all equipment, including, but not limited 18 to, a computer, computer monitor and printer; and 19 (3) provide or reimburse for all technology and services 20 necessary for the online delivery of the curriculum and 21 instruction. 22 The Commonwealth shall not be liable for any reimbursement owed 23 to students, parents or guardians by a charter cyber school 24 under paragraph (3). 25 (f) Annual report.--A charter cyber school shall submit an 26 annual report no later than August 1 of each year to the 27 department in the form prescribed by the department. 28 (g) Records and facilities.--A charter cyber school shall 29 provide the department with ongoing access to all records and 30 facilities necessary for the department to assess the charter 20070H0446B2951 - 39 -
1 cyber school in accordance with the provisions of this article. 2 (h) Offices and facilities.--A charter cyber school shall 3 maintain an administrative office within this Commonwealth where 4 all student records shall be maintained at all times and shall 5 provide the department with the addresses of all offices and 6 facilities of the charter cyber school, the ownership thereof 7 and any lease arrangements. The administrative office of the 8 charter cyber school shall be considered as the principal place 9 of business for service of process for any action brought 10 against the charter cyber school or charter cyber school staff 11 members. The charter cyber school shall notify the department of 12 any changes in this information within ten days of the change. 13 (i) Applicable law.--Any action taken against the charter 14 cyber school, its successors or assigns or its employees, 15 including any charter cyber school staff member as defined in 16 the act of December 12, 1973 (P.L.397, No.141), known as the 17 Professional Educator Discipline Act, shall be governed by the 18 laws of this Commonwealth. If the department initiates an 19 investigation or pursues an action pursuant to the Professional 20 Educator Discipline Act involving any current or former charter 21 cyber school staff member outside this Commonwealth, any 22 reasonable expenses incurred by the department in such 23 investigation or action shall be paid by the charter cyber 24 school which employed that staff member at the time of the 25 alleged misconduct. 26 Section 1724-C. Charter cyber school requirements. 27 Charter cyber schools shall be required to comply with the 28 following provisions: 29 (1) Except as otherwise provided in this article, a 30 charter cyber school is exempt from statutory requirements 20070H0446B2951 - 40 -
1 established in this act, from regulations of the State board 2 and the standards of the secretary not specifically 3 applicable to charter cyber schools. Charter cyber schools 4 are not exempt from statutes applicable to public schools 5 other than this act. 6 (2) A charter cyber school shall be accountable to the 7 parents, the public and the Commonwealth, with the 8 delineation of that accountability reflected in the charter. 9 Strategies for meaningful parent and community involvement 10 shall be developed and implemented by each school. 11 (3) A charter cyber school shall not unlawfully 12 discriminate in admissions, hiring or operation. 13 (4) A charter cyber school shall be nonsectarian in all 14 operations. 15 (5) A charter cyber school shall not provide any 16 religious instruction, nor shall it display religious objects 17 and symbols on the premises of the charter cyber school. 18 (6) A charter cyber school shall not advocate unlawful 19 behavior. 20 (7) A charter cyber school shall only be subject to the 21 laws and regulations as provided for in this article. 22 (8) A charter cyber school shall participate in the 23 Pennsylvania State Assessment System as provided for in 22 24 Pa. Code Ch. 4 (relating to academic standards and 25 assessment), or subsequent regulations promulgated to replace 26 22 Pa. Code Ch. 4, in the manner in which the school district 27 in which the charter cyber school is located is scheduled to 28 participate. 29 (9) A charter cyber school shall provide a minimum of 30 180 days of instruction or 900 hours per year of instruction 20070H0446B2951 - 41 -
1 at the elementary level, or 990 hours per year of instruction 2 at the secondary level. Nothing in this paragraph shall 3 preclude the use of computer and satellite linkages for 4 delivering instruction to students. 5 (10) Boards of trustees and contractors of charter cyber 6 schools shall be subject to the following statutory 7 requirements governing construction projects and 8 construction-related work: 9 (i) The following provisions of this act: 10 (A) Sections 751 and 751.1. 11 (B) Sections 756 and 757 insofar as they are 12 consistent with the act of December 20, 1967 13 (P.L.869, No.385), known as the Public Works 14 Contractors' Bond Law of 1967. 15 (ii) Section 1 of the act of May 1, 1913 (P.L.155, 16 No.104), referred to as the Separations Act. 17 (iii) The Public Works Contractors' Bond Law of 18 1967. 19 (iv) The act of March 3, 1978 (P.L.6, No.3), known 20 as the Steel Products Procurement Act. 21 (11) Trustees of a charter cyber school shall be public 22 officials. 23 Section 1725-C. School district and intermediate unit 24 responsibilities. 25 Subject to agreement between a charter cyber school and an 26 intermediate unit or school district, the intermediate unit or a 27 school district in which a student enrolled in a charter cyber 28 school resides shall do all of the following: 29 (1) Provide the charter cyber school within ten days of 30 receipt of the notice of the admission of the student under 20070H0446B2951 - 42 -
1 section 1731-C(a) with all records relating to the student, 2 including transcripts, test scores and a copy of any 3 individualized education program for that student. 4 (2) Enter into written agreements for the use of 5 intermediate units or school facilities for, but not limited 6 to, standardized testing or any program sponsored by the 7 intermediate unit or school district. 8 (3) Upon request, provide assistance to the charter 9 cyber school in the delivery of services to a student with 10 disabilities. The school district or intermediate unit shall 11 not charge the charter cyber school more for a service than 12 it charges a school district. 13 Section 1726-C. Contents of application. 14 An application to establish a charter cyber school shall 15 include all of the following information: 16 (1) The identification of the charter applicant. 17 (2) The name of the proposed charter cyber school. 18 (3) The grade or age levels served by the school. 19 (4) The proposed governance structure of the charter 20 cyber school, including a description and method for the 21 appointment or election of members of the board of trustees. 22 The board of trustees must include at least one member 23 appointed by the secretary and two members who represent the 24 intermediate unit serving that charter cyber school's region. 25 (5) The mission and education goals of the charter cyber 26 school, the curriculum to be offered and the methods of 27 assessing whether students are meeting educational goals. 28 (6) The admission policy and criteria for evaluating the 29 admission of students which shall comply with the 30 requirements of section 1730-C. 20070H0446B2951 - 43 -
1 (7) Procedures which will be used regarding the 2 suspension or expulsion of pupils. The procedures shall 3 comply with section 1318. 4 (8) Information on the manner in which community groups 5 will be involved in the charter cyber school planning 6 process. 7 (9) The financial plan for the charter cyber school and 8 the provisions which will be made for auditing the school 9 under section 437. 10 (10) Procedures which shall be established to review 11 complaints of parents regarding the operation of the charter 12 cyber school. 13 (11) A description of and address of the physical 14 facility in which the charter cyber school will be located 15 and the ownership thereof and any lease arrangements. 16 (12) Information on the proposed school calendar for the 17 charter cyber school, including the length of the school day 18 and school year consistent with the provisions of section 19 1502. 20 (13) The proposed faculty and a professional development 21 plan for the faculty of a charter cyber school. 22 (14) Whether any agreements have been entered into or 23 plans developed with the local school district regarding 24 participation of the charter cyber school students in 25 extracurricular activities within the school district. 26 (15) A report of criminal history record, pursuant to 27 section 111, for all individuals who shall have direct 28 contact or electronic contact via the Internet or e-mail with 29 students. 30 (16) An official clearance statement regarding child 20070H0446B2951 - 44 -
1 injury or abuse from the Department of Public Welfare as 2 required by 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to 3 background checks for employment in schools) for all 4 individuals who shall have direct contact with students. 5 (17) How the charter cyber school will provide adequate 6 liability and other appropriate insurance for the charter 7 cyber school, its employees and the board of trustees of the 8 charter cyber school. 9 Section 1727-C. Establishment of charter cyber school. 10 (a) Establishment.--A charter cyber school may be 11 established by: 12 (1) an individual; 13 (2) one or more teachers who will teach at the proposed 14 charter cyber school; 15 (3) parents or guardians of students who will enroll in 16 the charter cyber school; 17 (4) a nonsectarian college, university or museum located 18 in this Commonwealth; 19 (5) a nonsectarian corporation not-for-profit as defined 20 in 15 Pa.C.S. § 5103 (relating to definitions); 21 (6) a corporation, association or partnership; or 22 (7) any combination of the entities listed in paragraph 23 (1), (2), (3), (4), (5) or (6). 24 (b) Home education.--Section 1327.1 shall not apply to a 25 charter cyber school established under this article. 26 (c) Sectarian entities.--No charter cyber school shall be 27 established or funded by and no charter shall be granted to a 28 sectarian school, institution or other entity. 29 (d) Attendance.--Attendance at a charter cyber school shall 30 satisfy requirements for compulsory attendance. 20070H0446B2951 - 45 -
1 (e) Application.--An application to establish a charter 2 cyber school shall be submitted to the department by October 1 3 of the school year preceding the school year in which the 4 charter cyber school proposes to commence operation. 5 (f) Grant or denial.--Within 120 days of receipt of an 6 application, the department shall grant or deny the application. 7 The department shall review the application and shall hold at 8 least one public hearing under 65 Pa.C.S. Ch. 7 (relating to 9 open meetings). At least 30 days prior to the hearing, the 10 department shall publish in the Pennsylvania Bulletin and on the 11 department's Internet website notice of the hearing and the 12 purpose of the application. 13 (g) Evaluation criteria.-- 14 (1) A charter cyber school application submitted under 15 this article shall be evaluated by the department based on 16 the following criteria: 17 (i) The demonstrated, sustainable support for the 18 charter cyber school plan by teachers, parents or 19 guardians and students. 20 (ii) The capability of the charter cyber school 21 applicant, in terms of support and planning, to provide 22 comprehensive learning experiences to students under the 23 charter. 24 (iii) The extent to which the programs outlined in 25 the application will enable students to meet the academic 26 standards under 22 Pa. Code Ch. 4 (relating to academic 27 standards and assessment) or subsequent regulations 28 promulgated to replace 22 Pa. Code Ch. 4. 29 (iv) The extent to which the application meets the 30 requirements of section 1729-C. 20070H0446B2951 - 46 -
1 (v) The extent to which the charter cyber school may 2 serve as a model for other public schools. 3 (2) Written notice of the action of the department shall 4 be sent by certified mail to the applicant and published on 5 the department's Internet website. If the application is 6 denied, the reasons for denial, including a description of 7 deficiencies in the application, shall be clearly stated in 8 the notice. 9 (3) Upon approval of a charter cyber school application, 10 a written charter shall be developed which shall contain the 11 provisions of the charter application and be signed by the 12 secretary and each member of the board of trustees of the 13 charter cyber school. The charter, when duly signed, shall 14 act as legal authorization of the establishment of a charter 15 cyber school. The charter shall be legally binding on the 16 department, the charter cyber school and its board of 17 trustees. The charter shall be for a period of no less than 18 three years nor more than five years and may be renewed for a 19 period of five years by the department. 20 (4) The decision of the department to deny an 21 application may be appealed to the appeal board. 22 (h) Funding.--Once approved a charter cyber school is 23 eligible for funding by the department pursuant to section 2527. 24 (i) Denied application.--A charter cyber school applicant 25 may revise and resubmit a denied application to the department. 26 The department shall grant or deny the revised application 27 within 60 days after its receipt. 28 (j) Appeal.--If the department fails to hold the required 29 public hearing or to approve or disapprove the charter, the 30 applicant may file its application as an appeal to the appeal 20070H0446B2951 - 47 -
1 board. The appeal board shall review the application and make a 2 decision to approve or disapprove the charter based on the 3 criteria in subsection (g). 4 Section 1728-C. Appeal board review. 5 (a) Jurisdiction.--The appeal board shall have the exclusive 6 review of an appeal by a charter cyber school applicant or by 7 the board of trustees of a charter cyber school on the decisions 8 of the department, including: 9 (1) The denial of an application for a charter. 10 (2) The denial of a renewal of a charter. 11 (3) The revocation of a charter. 12 (4) An appeal under section 1727-C(j). 13 (b) Procedure.--The appeal board shall: 14 (1) Review the decision made by the department under 15 subsection (a) on the record as certified by the department. 16 The secretary shall recuse himself from all charter cyber 17 school appeals and shall not participate in a hearing, 18 deliberation or vote on a charter cyber school appeal. The 19 appeal board may allow the department, the charter cyber 20 school applicant or the board of trustees of a charter cyber 21 school to supplement the record if the supplemental 22 information was previously unavailable. 23 (2) Meet to officially review the certified record no 24 later than 30 days after the date of filing the appeal. 25 (3) Issue a written decision affirming or denying the 26 appeal no later than 60 days following its review. 27 (4) In the case of a decision by the department to deny 28 a charter cyber application, make its decision based on 29 section 1727-C(g)(1). A decision by the appeal board to 30 reverse the decision of the department and grant a charter 20070H0446B2951 - 48 -
1 shall serve as a requirement for the secretary to sign the 2 written charter of the charter cyber school. 3 (5) In the case of a decision by the department to 4 revoke or deny renewal of charter of a charter cyber school 5 in accordance with section 1721-C(a)(3), make its decision 6 based on section 1717-C(a). A decision of the appeal board to 7 reverse the decision of the department to not revoke or deny 8 renewal of a charter shall serve as a requirement of the 9 department to not revoke or to not deny renewal of the 10 charter of the charter cyber school. 11 (c) Stay.--If the department appeals the decision of the 12 appeal board, the appeal board's decision shall be stayed only 13 upon order of the appeal board, the Commonwealth Court or the 14 Pennsylvania Supreme Court. 15 (d) Review.--All decisions of the appeal board shall be 16 subject to appellate review by the Commonwealth Court. 17 Section 1729-C. Charter cyber school application. 18 In addition to the provisions of section 1726-C, an 19 application to establish a charter cyber school shall also 20 include the following: 21 (1) The curriculum to be offered and how it meets the 22 requirements of 22 Pa. Code Ch. 4 (relating to academic 23 standards and assessment) or subsequent regulations 24 promulgated to replace 22 Pa. Code Ch. 4. 25 (2) The number of courses required for elementary and 26 secondary students. 27 (3) An explanation of the amount of online time required 28 for elementary and secondary students. 29 (4) The manner in which teachers will deliver 30 instruction, assess academic progress and communicate with 20070H0446B2951 - 49 -
1 students to provide assistance. 2 (5) A specific explanation of any cooperative learning 3 opportunities, meetings with students, parents and guardians, 4 field trips or study sessions. 5 (6) The technology, including types of hardware and 6 software, equipment and other materials which will be 7 provided by the charter cyber school to the student. 8 (7) A description of how the charter cyber school will 9 define and monitor a student's school day, including the 10 delineation of online and off-line time. 11 (8) A description of commercially prepared standardized 12 achievement tests that will be used by the charter cyber 13 school in addition to the Pennsylvania System of School 14 Assessment test, including the grade levels that will be 15 tested and how the data collected from the tests will be used 16 to improve instruction. 17 (9) The technical support that will be available to 18 students and parents or guardians. 19 (10) The privacy and security measures to ensure the 20 confidentiality of data gathered online. 21 (11) The level of anticipated enrollment during each 22 school year of the proposed charter, including expected 23 increases due to the addition of grade levels. 24 (12) The methods to be used to insure the authenticity 25 of student work and adequate proctoring of examinations. 26 (13) The provision of education and related services to 27 students with disabilities, including evaluation and the 28 development and revision of individualized education 29 programs. 30 (14) Policies regarding truancy, absences and withdrawal 20070H0446B2951 - 50 -
1 of students, including the manner in which the charter cyber 2 school will monitor attendance consistent with the provisions 3 of section 1724-C(9). 4 (15) The types and frequency of communication between 5 the charter cyber school and the student and the manner in 6 which the charter cyber school will communicate with parents 7 and guardians. 8 (16) The addresses of all facilities and offices of the 9 charter cyber school, the ownership thereof and any lease 10 arrangements. 11 Section 1730-C. Enrollment. 12 (a) General rule.--All resident children in this 13 Commonwealth qualify for admission to a charter cyber school 14 within the provisions of subsection (b). If more students apply 15 to the charter cyber school than the number of attendance slots 16 available in the school, then students must be selected on a 17 random basis from a pool of qualified applicants meeting the 18 established eligibility criteria and submitting an application 19 by the deadline established by the charter cyber school, except 20 that the charter cyber school may give preference in enrollment 21 to a child of a parent who has actively participated in the 22 development of the charter cyber school and to siblings of 23 students presently enrolled in the charter cyber school. 24 (b) Admission policy.-- 25 (1) A charter cyber school shall not discriminate in its 26 admission policies or practices on the basis of intellectual 27 ability, except as provided in paragraph (2), or athletic 28 ability, measures of achievement or aptitude, status as a 29 person with a disability, proficiency in the English language 30 or any other basis that would be illegal if used by a school 20070H0446B2951 - 51 -
1 district. 2 (2) A charter cyber school may limit admission to a 3 particular grade level, a targeted population group composed 4 of at-risk students, or areas of concentration of the school 5 such as mathematics, science or the arts. A charter cyber 6 school may establish reasonable criteria to evaluate 7 prospective students which shall be outlined in the school's 8 charter. 9 (c) Nonresident students.--If available classroom space 10 permits, a charter cyber school may enroll nonresident students 11 on a space-available basis, and the student's district of 12 residence shall permit the student to attend the charter school. 13 The terms and conditions of the enrollment shall be outlined in 14 the school's charter. 15 Section 1731-C. Enrollment and notification. 16 (a) Notice to school district.-- 17 (1) Within 15 days of the enrollment of a student to a 18 charter cyber school, the parent or guardian and the charter 19 cyber school shall notify the student's school district of 20 residence of the enrollment through the use of the 21 notification form under subsection (b). 22 (2) If a school district which has received notice under 23 paragraph (1) determines that a student is not a resident of 24 the school district, the following apply: 25 (i) Within seven days of receipt of the notice under 26 paragraph (1), the school district shall notify the 27 charter cyber school and the department that the student 28 is not a resident of the school district. Notification of 29 nonresidence shall include the basis for the 30 determination. 20070H0446B2951 - 52 -
1 (ii) Within seven days of notification under 2 subparagraph (i), the charter cyber school shall review 3 the notification of nonresidence, respond to the school 4 district and provide a copy of the response to the 5 department. 6 (iii) Within seven days of receipt of the response 7 under subparagraph (ii), the school district shall notify 8 the charter cyber school that it agrees with the charter 9 cyber school's determination or does not agree with the 10 charter cyber school's determination. 11 (iv) A school district that has notified the charter 12 cyber school that it does not agree with the charter 13 cyber school's determination under subparagraph (iii) 14 shall appeal to the department for a final determination. 15 (v) All decisions of the department regarding the 16 school district of residence of a student shall be 17 subject to review by the Commonwealth Court. 18 (vi) If a final determination is made that a student 19 is not a resident of an appealing school district, the 20 charter cyber school shall return all funds provided on 21 behalf of that student to the department within 30 days. 22 (b) Notification form.--The department shall develop a 23 notification form for use under subsection (a). The notification 24 shall include: 25 (1) The name, home address and mailing address of the 26 student. 27 (2) The grade in which the student is being enrolled. 28 (3) The date the student will be enrolled. 29 (4) The name and address of the charter cyber school and 30 the name and telephone number of a contact person able to 20070H0446B2951 - 53 -
1 provide information regarding the charter cyber school. 2 (5) The signature of the parent or guardian and an 3 authorized representative of the charter cyber school. 4 (c) Withdrawal.--The charter cyber school and the parent or 5 guardian of a student enrolled in a charter cyber school shall 6 provide written notification to the student's school district of 7 residence within 15 days following the withdrawal of a student 8 from the charter cyber school. 9 Section 1732-C. Equipment. 10 All computers, software and Internet connections are the 11 property of the charter cyber school, not the parents or the 12 students, and the disposition of the property of the school is 13 left to the school itself. If a student leaves the charter cyber 14 school, the student must return the school's property to it in 15 usable condition or pay a fine in the form of fair market value 16 for it, enforceable in a court of law. 17 Section 1733-C. Extracurricular activities. 18 (a) Prohibitions.--Notwithstanding any provision to the 19 contrary, no school district of residence shall prohibit a 20 student of a charter cyber school from participating in any 21 extracurricular activity of that school district of residence, 22 provided, that the student is able to fulfill all of the 23 requirements of participation in such activity and the charter 24 school does not provide the same extracurricular activity. 25 (b) Written agreements.--The school districts and charter 26 cyber schools shall enter into a written agreement that 27 includes, but is not limited to, the following provisions: 28 (1) Eligibility criteria that apply to charter cyber 29 school students for participation in the activity. 30 (2) Tryout criteria that apply to charter cyber school 20070H0446B2951 - 54 -
1 students for participation in the activity. 2 (3) The method by which charter cyber schools shall 3 inform school districts that the charter cyber school's 4 students meet the eligibility and tryout criteria and also 5 comply with all policies, rules and regulations, or their 6 equivalent, of the governing organization of the activity. 7 (4) Any transportation, safety or security issues that 8 the parties desire to address. 9 (c) Physical examination or medical testing.--Where the 10 activity requires completion of a physical examination or 11 medical test as a condition of participation and the school 12 district of residence offers such physical examination or 13 medical test to students enrolled in the school district, the 14 school district of residence shall permit a child who is 15 enrolled in a charter cyber school to access such physical 16 examination or medical test. The school district shall publish 17 the dates and times of such physical examination or medical test 18 on its publicly accessible Internet website. 19 Section 1734-C. Applicability of other provisions of this act 20 and of other acts and regulations. 21 (a) General requirements.--Charter cyber schools shall be 22 subject to the following: 23 (1) Sections 108, 110, 111, 321, 325, 326, 327, 431, 24 436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777, 25 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301, 26 1302, 1310, 1317.2, 1318, 1330, 1332, 1303-A, 1518, 1521, 27 1523, 1531, 1547, 1721-A, 1730-A, 1731-A(a)(1) and (b) and 28 2014-A, Articles XIII-A and XIV and former Article XII-A. 29 (2) The act of July 17, 1961 (P.L.776, No.341), known as 30 the Pennsylvania Fair Educational Opportunities Act. 20070H0446B2951 - 55 -
1 (3) The act of July 19, 1965 (P.L.215, No.116), entitled 2 "An act providing for the use of eye protective devices by 3 persons engaged in hazardous activities or exposed to known 4 dangers in schools, colleges and universities." 5 (4) Section 4 of the act of January 25, 1966 (1965 6 P.L.1546, No.541), entitled "An act providing scholarships 7 and providing funds to secure Federal funds for qualified 8 students of the Commonwealth of Pennsylvania who need 9 financial assistance to attend postsecondary institutions of 10 higher learning, making an appropriation, and providing for 11 the administration of this act." 12 (5) The act of July 12, 1972 (P.L.765, No.181), entitled 13 "An act relating to drugs and alcohol and their abuse, 14 providing for projects and programs and grants to educational 15 agencies, other public or private agencies, institutions or 16 organizations." 17 (6) The act of December 15, 1986 (P.L.1595, No.175), 18 known as the Antihazing Law. 19 (b) Regulations.--Charter cyber schools shall be subject to 20 the following provisions of 22 Pa. Code (relating to education): 21 (1) Chapter 4 (relating to academic standards and 22 assessment). 23 (2) Chapter 11 (relating to student attendance). 24 (3) Chapter 12 (relating to students and student 25 services). 26 (4) Section 32.3 (relating to assurances). 27 (5) Section 121.3 (relating to discrimination 28 prohibited). 29 (6) Section 235.4 (relating to practices). 30 (7) Section 235.8 (relating to civil rights). 20070H0446B2951 - 56 -
1 (8) Chapter 711 (relating to charter school services and 2 programs for children with disabilities). 3 (c) Bidding requirements.--Charter cyber schools are subject 4 to the same bidding requirements as school districts and other 5 governmental entities in this Commonwealth. 6 (d) Existing charter schools.-- 7 (1) The charter of a charter school approved under 8 section 1717-A or 1718-A which provides instruction through 9 the Internet or other electronic means shall remain in effect 10 for the duration of the charter and shall be subject to the 11 provisions of section 1741-C. 12 (2) In addition to subsections (a) and (b), the 13 following provisions of this article shall apply to a charter 14 school approved under section 1717-A or 1718-A which provides 15 instruction through the Internet or other electronic means: 16 (i) Section 1723-C(c), (d), (e), (h) and (i). 17 (ii) Section 1725-C. 18 (iii) Section 1731-C. 19 (d) Miscellaneous Provisions 20 Section 1741-C. Effect on certain existing charter schools. 21 (a) Determination.--For a charter school approved under 22 section 1717-A or 1718-A which provides instruction through the 23 Internet or other electronic means, the department shall 24 determine: 25 (1) whether the charter school is in compliance with 26 this article; 27 (2) whether the charter school has provided notification 28 of the enrollment of each existing student to the school 29 district of residence; and 30 (3) how the charter school plans to comply with section 20070H0446B2951 - 57 -
1 1723-C. 2 (b) Notification of compliance.--The department shall: 3 (1) Notify each charter school and the chartering school 4 district of the department's determination under subsection 5 (a). The notification shall include specific requirements 6 with which the charter school has failed to comply. 7 (2) Publish a copy of the notification on the 8 department's Internet website. 9 (c) Charter school requirement.--A charter school subject to 10 the requirements of this section shall, either in writing or 11 electronically, provide the parent or guardian of any student 12 enrolled in the charter school a copy of the department's 13 determination under subsection (b). 14 (d) School districts.--A school district shall not renew the 15 charter of a charter school approved under section 1717-A or 16 1718-A which provides instruction through the Internet or other 17 electronic means or approve a charter for a charter cyber 18 school. 19 (e) Renewal of charter for certain existing charter 20 schools.--Upon the expiration of its charter, a charter school 21 approved under section 1717-A or 1718-A which provides 22 instruction through the Internet or other electronic means shall 23 seek renewal of its charter from the department under this 24 article. The charter shall be amended as needed to reflect the 25 requirements of this article. 26 Section 1742-C. Regulations. 27 The department may issue regulations to implement this 28 article. 29 Section 6. The act is amended by adding sections to read: 30 Section 2527. Payments to Charter Cyber Schools.--(a) 20070H0446B2951 - 58 -
1 Notwithstanding any other provision of this article, each 2 charter cyber school shall be paid by the Commonwealth on 3 account of the instruction of pupils an amount as follows: 4 (1) For nonspecial education pupils: 5 (i) Five thousand dollars ($5,000) per pupil enrolled in a 6 charter cyber school enrolling one thousand (1,000) or fewer 7 pupils. 8 (ii) Four thousand dollars ($4,000) per pupil enrolled in a 9 charter cyber school enrolling between one thousand one (1,001) 10 pupils and four thousand nine hundred ninety-nine (4,999) 11 pupils. 12 (iii) Three thousand dollars ($3,000) per pupil enrolled in 13 a charter cyber school enrolling five thousand (5,000) pupils or 14 more. 15 (2) For special education pupils, the amount shall be 16 equivalent to the cost of a nonspecial education pupil as set 17 forth in paragraph (1), plus the actual cost of providing 18 special education services at the charter cyber school in 19 accordance with the pupil's individualized education program. 20 (3) Enrollments shall be determined by the number of 21 students enrolled in the charter cyber school as of May 31 of 22 the previous school year or, in the case of a new charter cyber 23 school, the enrollment as of the first day of the current school 24 year. 25 (b) A student enrolled in a charter cyber school shall not 26 be included in the average daily membership of the student's 27 district of residence for the purpose of providing basic 28 education funding payments and special education funding 29 pursuant to this article. 30 (c) The department shall not be required to provide per 20070H0446B2951 - 59 -
1 pupil funding to charter cyber schools for any student who does 2 not meet the minimum requirements for the age of beginners 3 established by the board of school directors in the student's 4 school district of residence. 5 (d) Payments to charter cyber schools shall be paid through 6 a separate line item from the department's payments to school 7 districts and shall not be deducted from a school district's 8 basic education subsidy. 9 Section 2528. Requirements for Charter Cyber School 10 Budgeting.--(a) The board of trustees of each charter cyber 11 school shall, annually, at least thirty (30) days prior to the 12 adoption of the annual budget, prepare a proposed budget of the 13 amount of funds that will be required by the charter cyber 14 school in its departments for the following fiscal year. Such 15 proposed budget shall be prepared on a uniform form, prepared 16 and furnished by the Department of Education. On the date of the 17 adoption of the proposed budget, the board of trustees shall 18 certify to the Department of Education that the proposed budget 19 has been prepared, presented and will be made available for 20 public inspection, upon request, using the uniform form prepared 21 and furnished by the department as follows: 22 (1) Upon request, the proposed budget shall be made 23 available for duplication to any person at least twenty (20) 24 days prior to the date set for the adoption of the budget. 25 (2) Fees for duplication under this paragraph by 26 photocopying, printing from electronic media, transmission by 27 facsimile or other electronic means and other means for 28 duplication must be reasonable and based on prevailing fees for 29 comparable duplication services provided by local business 30 entities. 20070H0446B2951 - 60 -
1 (b) The board of trustees shall adopt a budget by the 2 thirtieth day of June of each year. The budget shall include the 3 State appropriation and any gifts or grants awarded to the 4 charter cyber school. Within fifteen (15) days after the 5 adoption of the budget, the board of trustees shall file a copy 6 of the same with the Department of Education and with the 7 Education Committee of the Senate and the Education Committee of 8 the House of Representatives by the fifteenth day of September 9 each year. 10 (c) The board of trustees may, during any fiscal year, make 11 additional appropriations or increase existing appropriations to 12 meet emergencies, such as epidemics, floods, fires or other 13 catastrophes. 14 (d) The board of trustees shall have the power to authorize 15 the transfer of any unencumbered balance, or any portion 16 thereof, from one class of expenditure or item to another, but 17 such action shall be taken only during the last nine (9) months 18 of the fiscal year. 19 Section 2529. Limitations on Certain Unreserved Fund 20 Balances.--(a) For the school year 2007-2008, and each school 21 year thereafter, no charter cyber school shall adopt a budget 22 that includes an estimated ending unreserved, undesignated fund 23 balance that is more than ten per centum (10%) of the charter 24 cyber school's total budgeted expenditures. If a charter cyber 25 school fails to comply with this section, the department shall 26 deduct from the department's next payment to the charter cyber 27 school the amount by which the estimated ending unreserved, 28 undesignated fund balances exceed the ten per centum (10%) 29 threshold of total budgeted expenditures. 30 (b) By August 15, 2007, and on the fifteenth day of August 20070H0446B2951 - 61 -
1 of each year thereafter, each charter cyber school shall provide 2 the Department of Education with information certifying 3 compliance with this section. Such information shall be provided 4 in a form and manner prescribed by the Department of Education 5 and shall include information on the charter cyber school's 6 estimated unreserved, undesignated fund balance as a dollar 7 amount and as a percentage of the charter cyber school's total 8 budgeted expenditures for that school year. 9 (c) As used in this section, "estimated ending unreserved, 10 undesignated fund balance" shall mean that portion of the fund 11 balance which is appropriable for a specific or tentative future 12 use, that is projected to remain in the general fund accounts of 13 the charter cyber school at the close of the school year for 14 which a charter cyber school's budget was adopted. 15 Section 2530. Auditing Requirements.--(a) The finances of 16 every charter cyber school in every department thereof, together 17 with the account of all charter cyber school treasurers, school 18 depositories, teachers' retirement funds, teachers' institute 19 funds, directors' association funds, sinking funds and other 20 funds belonging to or controlled by the charter cyber school, 21 shall be properly audited by an independent auditor who shall be 22 a certified public accountant who shall be named prior to the 23 end of the fiscal year and shall have all the powers and duties 24 of such other auditors provided for within this act, except that 25 the audit shall be made in accordance with generally accepted 26 auditing standards. The compensation of the independent auditor 27 shall be fixed by the charter cyber school's board of trustees 28 and shall be paid from the funds of the charter cyber school. 29 (b) In order that the aforesaid account may be thoroughly 30 and properly audited, it shall be the duty of all charter cyber 20070H0446B2951 - 62 -
1 schools' boards of trustees and other proper persons to furnish 2 to such auditors, whenever required by them for auditing 3 purposes, statements and accounts of all finances of the charter 4 cyber school and other funds belonging to or controlled by the 5 charter cyber school, including assets and liabilities, together 6 with access to all books, records, tax duplicates, vouchers, 7 school orders, payrolls, letters and other matters pertaining to 8 the same. 9 (c) The auditors, as provided in subsection (a), shall have 10 the power and are hereby authorized to issue subpoenas to compel 11 the attendance of charter cyber school officials or other 12 persons whom they deem necessary to examine as witnesses and to 13 compel the production of all books, records, vouchers, letters 14 and papers relating to any accounts being audited by them. The 15 auditors shall have the power to administer oaths or 16 affirmations to all persons appearing before them as witnesses, 17 and any person guilty of testifying falsely in any such 18 examination shall be guilty of perjury and be liable for and 19 subject to all the penalties provided therefor. 20 (d) In every charter cyber school, the proper auditors, 21 pursuant to subsection (a), shall audit the finances of the 22 charter cyber school by beginning their duties on the first day 23 of July of each year, and promptly, within thirty (30) days, 24 audit the accounts of the charter cyber school for which they 25 were appointed. On the completion of the audit, the auditors 26 shall make correct copies thereof, which shall contain an 27 itemized statement of all receipts, expenditures and credits, 28 whatsoever, of charter cyber school officials, and the assets 29 and liabilities of the charter cyber school. One copy shall be 30 filed with the board of trustees of the charter cyber school, 20070H0446B2951 - 63 -
1 one copy in the court of common pleas of the county in which the 2 charter cyber school is located, one copy with the board of 3 directors of the intermediate unit in which the charter cyber 4 school is located, one copy with the school board of directors 5 of the school district in which the charter cyber school is 6 located, and one copy with the Department of Education. The copy 7 shall be sent by registered mail with return receipt requested 8 to the Secretary of Education. 9 (e) The charter cyber school, upon receipt of a copy of the 10 audit, shall make the audit available for public inspection on 11 the charter cyber school's publicly accessible Internet website. 12 (f) The Secretary of Education may investigate the financial 13 records of any charter cyber school in person or by his 14 authorized representative. 15 (g) Charter cyber schools shall also be subject to sections 16 2451, 2452, 2453, 2454 and 2455. 17 Section 7. Section 2591.1(c.1) of the act, added July 4, 18 2004 (P.L.536, No.70), is amended and the section is amended by 19 adding a subsection to read: 20 Section 2591.1. Commonwealth Reimbursements for Charter 21 Schools and Cyber Charter Schools.--* * * 22 (c.1) For the 2003-2004 school year [and each school year 23 thereafter] through the 2006-2007 school year, the Commonwealth 24 shall pay to each school district with resident students 25 enrolled during the immediately preceding school year in a 26 charter school, a charter school approved under section 1717-A 27 or 1718-A which provides instruction through the Internet or 28 other electronic means or a cyber charter school as defined 29 under Article XVII-A, an amount equal to thirty percent (30%) of 30 the total funding required under section 1725-A(a). 20070H0446B2951 - 64 -
1 (c.2) For the 2007-2008 school year and each school year 2 thereafter, the Commonwealth shall pay to each school district 3 with resident students enrolled during the immediately preceding 4 school year in a charter school, an amount equal to thirty 5 percent (30%) of the total funding required under section 1725- 6 A(a). 7 * * * 8 Section 8. This act shall apply to the 2007-2008 school year 9 and thereafter. 10 Section 9. This act shall take effect immediately. 11 SECTION 1. SECTION 1703-A OF THE ACT OF MARCH 10, 1949 <-- 12 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS 13 AMENDED BY ADDING DEFINITIONS TO READ: 14 SECTION 1703-A. DEFINITIONS.--AS USED IN THIS ARTICLE, 15 * * * 16 "CYBER CHARTER SCHOOL FUND BALANCE LIMIT" SHALL MEAN THE 17 AMOUNT DETERMINED UNDER SECTION 1725-A. 18 "CYBER EDUCATION REAL COST LEVEL" SHALL MEAN THE AMOUNT 19 ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1725-A. 20 "CYBER SPECIAL EDUCATION REAL COST LEVEL" SHALL MEAN THE 21 AMOUNT ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1725-A. 22 * * * 23 "EMPLOYMENT COST INDEX" SHALL HAVE THE SAME MEANING AS GIVEN 24 TO IT IN SECTION 302 OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS., 25 P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT. 26 * * * 27 "STATEWIDE AVERAGE WEEKLY WAGE" SHALL HAVE THE SAME MEANING 28 AS GIVEN TO IT IN SECTION 302 OF THE ACT OF JUNE 27, 2006 (1ST 29 SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT. 30 SECTION 2. SECTION 1724-A(G) AND (I) OF THE ACT, ADDED JUNE 20070H0446B2951 - 65 -
1 19, 1997 (P.L.225, NO.22), ARE AMENDED TO READ: 2 SECTION 1724-A. SCHOOL STAFF.--* * * 3 (G) [PROFESSIONAL] EXCEPT AS PROVIDED UNDER SECTION 1743- 4 A(K), PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL TEACHING OR 5 ADMINISTRATIVE CERTIFICATE MAY, AT THEIR OPTION, HAVE THE TIME 6 COMPLETED IN SATISFACTORY SERVICE IN A CHARTER SCHOOL APPLIED TO 7 THE LENGTH OF SERVICE REQUIREMENTS FOR THE NEXT LEVEL OF 8 CERTIFICATION. 9 * * * 10 (I) ALL INDIVIDUALS WHO SHALL HAVE DIRECT CONTACT WITH 11 STUDENTS OR CONTACT THROUGH ELECTRONIC MEANS VIA THE INTERNET OR 12 E-MAIL WITH STUDENTS SHALL BE REQUIRED TO SUBMIT A REPORT OF 13 CRIMINAL HISTORY RECORD INFORMATION AS PROVIDED FOR IN SECTION 14 111 PRIOR TO ACCEPTING A POSITION WITH THE CHARTER SCHOOL. THIS 15 SUBSECTION SHALL ALSO APPLY TO ANY INDIVIDUAL WHO VOLUNTEERS TO 16 WORK ON A FULL-TIME OR PART-TIME BASIS AT THE CHARTER SCHOOL. 17 * * * 18 SECTION 3. SECTION 1725-A(A) OF THE ACT, AMENDED JUNE 29, 19 2002 (P.L.524, NO.88), IS AMENDED TO READ: 20 SECTION 1725-A. FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING 21 FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER: 22 (1) THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT OR 23 NONRESIDENT STUDENT ATTENDING A CHARTER SCHOOL. 24 (1.1) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 25 THEREAFTER, THE DEPARTMENT SHALL ESTABLISH A CYBER EDUCATION 26 REAL COST LEVEL AND A CYBER SPECIAL EDUCATION REAL COST LEVEL AS 27 FOLLOWS: 28 (I) THE DEPARTMENT SHALL ESTABLISH THE CYBER EDUCATION REAL 29 COST LEVEL FOR THE 2008-2009 SCHOOL YEAR BY DETERMINING THE 30 LOWEST 2006-2007 TOTAL EXPENDITURES PER AVERAGE DAILY 20070H0446B2951 - 66 -
1 MEMBERSHIP, AFTER HAVING SUBTRACTED ALL EXPENDITURES FOR SPECIAL 2 EDUCATION, OF ALL CYBER CHARTER SCHOOLS THAT ACHIEVED ADEQUATE 3 YEARLY PROGRESS IN THE 2006-2007 SCHOOL YEAR. THE AMOUNT SHALL 4 BE CERTIFIED BY THE DEPARTMENT AND ADJUSTED ANNUALLY BY THE 5 PERCENTAGE INCREASE IN THE AVERAGE OF THE STATEWIDE AVERAGE 6 WEEKLY WAGE AND THE EMPLOYMENT COST INDEX. 7 (II) THE DEPARTMENT SHALL ESTABLISH THE CYBER SPECIAL 8 EDUCATION REAL COST LEVEL FOR THE 2008-2009 SCHOOL YEAR BY 9 CALCULATING THE SUM OF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH 10 (I) AND THE LOWEST 2006-2007 EXPENDITURES FOR SPECIAL EDUCATION 11 PER SPECIAL EDUCATION STUDENT OF ALL CYBER CHARTER SCHOOLS THAT 12 ACHIEVED ADEQUATE YEARLY PROGRESS IN THE 2006-2007 SCHOOL YEAR. 13 THE AMOUNT SHALL BE CERTIFIED BY THE DEPARTMENT AND ADJUSTED 14 ANNUALLY BY THE PERCENTAGE INCREASE IN THE AVERAGE OF THE 15 STATEWIDE AVERAGE WEEKLY WAGE AND THE EMPLOYMENT COST INDEX. 16 (2) (I) FOR NON-SPECIAL EDUCATION STUDENTS ENROLLED IN A 17 CHARTER SCHOOL THAT IS NOT A CYBER CHARTER SCHOOL, THE CHARTER 18 SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED NO LESS THAN THE 19 BUDGETED TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP OF THE 20 PRIOR SCHOOL YEAR, AS DEFINED IN SECTION 2501(20), MINUS THE 21 BUDGETED EXPENDITURES OF THE DISTRICT OF RESIDENCE FOR NONPUBLIC 22 SCHOOL PROGRAMS; ADULT EDUCATION PROGRAMS; COMMUNITY/JUNIOR 23 COLLEGE PROGRAMS; STUDENT TRANSPORTATION SERVICES; FOR SPECIAL 24 EDUCATION PROGRAMS; FACILITIES ACQUISITION, CONSTRUCTION AND 25 IMPROVEMENT SERVICES; AND OTHER FINANCING USES, INCLUDING DEBT 26 SERVICE AND FUND TRANSFERS AS PROVIDED IN THE MANUAL OF 27 ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR PENNSYLVANIA 28 SCHOOL SYSTEMS ESTABLISHED BY THE DEPARTMENT. THIS AMOUNT SHALL 29 BE PAID BY THE DISTRICT OF RESIDENCE OF EACH STUDENT. 30 (II) (A) IN THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 20070H0446B2951 - 67 -
1 THEREAFTER, FOR NON-SPECIAL EDUCATION STUDENTS ENROLLED IN A 2 CYBER CHARTER SCHOOL, THE CYBER CHARTER SCHOOL SHALL RECEIVE FOR 3 EACH STUDENT ENROLLED THE LESSER OF: 4 (I) AN AMOUNT EQUAL TO THE CYBER EDUCATION REAL COST LEVEL. 5 (II) THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I). 6 (B) THE AMOUNT UNDER THIS SUBPARAGRAPH SHALL BE PAID BY THE 7 DISTRICT OF RESIDENCE OF EACH STUDENT. 8 (3) (I) FOR SPECIAL EDUCATION STUDENTS ENROLLED IN A 9 CHARTER SCHOOL THAT IS NOT A CYBER CHARTER SCHOOL, THE CHARTER 10 SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED THE SAME FUNDING 11 AS FOR EACH NON-SPECIAL EDUCATION STUDENT AS PROVIDED IN CLAUSE 12 (2), PLUS AN ADDITIONAL AMOUNT DETERMINED BY DIVIDING THE 13 DISTRICT OF RESIDENCE'S TOTAL SPECIAL EDUCATION EXPENDITURE BY 14 THE PRODUCT OF MULTIPLYING THE COMBINED PERCENTAGE OF SECTION 15 2509.5(K) TIMES THE DISTRICT OF RESIDENCE'S TOTAL AVERAGE DAILY 16 MEMBERSHIP FOR THE PRIOR SCHOOL YEAR. THIS AMOUNT SHALL BE PAID 17 BY THE DISTRICT OF RESIDENCE OF EACH STUDENT. 18 (II) (A) IN THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 19 THEREAFTER, FOR SPECIAL EDUCATION STUDENTS ENROLLED IN A CYBER 20 CHARTER SCHOOL, THE CYBER CHARTER SCHOOL SHALL RECEIVE FOR EACH 21 STUDENT ENROLLED THE LESSER OF: 22 (I) AN AMOUNT EQUAL TO THE COST OF THE CYBER SPECIAL 23 EDUCATION REAL COST LEVEL. 24 (II) THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I). 25 (B) THE AMOUNT UNDER THIS SUBPARAGRAPH SHALL BE PAID BY THE 26 DISTRICT OF RESIDENCE OF EACH STUDENT. 27 (4) A CHARTER SCHOOL MAY REQUEST THE INTERMEDIATE UNIT IN 28 WHICH THE CHARTER SCHOOL IS LOCATED TO PROVIDE SERVICES TO 29 ASSIST THE CHARTER SCHOOL TO ADDRESS THE SPECIFIC NEEDS OF 30 EXCEPTIONAL STUDENTS. THE INTERMEDIATE UNIT SHALL ASSIST THE 20070H0446B2951 - 68 -
1 CHARTER SCHOOL AND BILL THE CHARTER SCHOOL FOR THE SERVICES. THE 2 INTERMEDIATE UNIT MAY NOT CHARGE THE CHARTER SCHOOL MORE FOR ANY 3 SERVICE THAN IT CHARGES THE CONSTITUENT DISTRICTS OF THE 4 INTERMEDIATE UNIT. 5 (5) PAYMENTS SHALL BE MADE TO THE CHARTER SCHOOL IN TWELVE 6 (12) EQUAL MONTHLY PAYMENTS, BY THE FIFTH DAY OF EACH MONTH, 7 WITHIN THE OPERATING SCHOOL YEAR. A STUDENT ENROLLED IN A 8 CHARTER SCHOOL SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP 9 OF THE STUDENT'S DISTRICT OF RESIDENCE FOR THE PURPOSE OF 10 PROVIDING BASIC EDUCATION FUNDING PAYMENTS AND SPECIAL EDUCATION 11 FUNDING PURSUANT TO ARTICLE XXV. IF A SCHOOL DISTRICT FAILS TO 12 MAKE A PAYMENT TO A CHARTER SCHOOL AS PRESCRIBED IN THIS CLAUSE, 13 THE SECRETARY SHALL DEDUCT THE ESTIMATED AMOUNT, AS DOCUMENTED 14 BY THE CHARTER SCHOOL, FROM ANY AND ALL STATE PAYMENTS MADE TO 15 THE DISTRICT AFTER RECEIPT OF DOCUMENTATION FROM THE CHARTER 16 SCHOOL. IN THE CASE OF PAYMENT OWED TO A CYBER CHARTER SCHOOL, A 17 PENALTY OF THREE PER CENTUM SHALL BE ADDED TO THE AMOUNT AND 18 FORWARDED TO THE CYBER CHARTER SCHOOL. 19 (6) WITHIN THIRTY (30) DAYS AFTER THE SECRETARY MAKES THE 20 DEDUCTION DESCRIBED IN CLAUSE (5), A SCHOOL DISTRICT MAY NOTIFY 21 THE SECRETARY THAT THE DEDUCTION MADE FROM STATE PAYMENTS TO THE 22 DISTRICT UNDER THIS SUBSECTION IS INACCURATE. THE SECRETARY 23 SHALL PROVIDE THE SCHOOL DISTRICT WITH AN OPPORTUNITY TO BE 24 HEARD CONCERNING WHETHER THE CHARTER SCHOOL DOCUMENTED THAT ITS 25 STUDENTS WERE ENROLLED IN THE CHARTER SCHOOL, THE PERIOD OF TIME 26 DURING WHICH EACH STUDENT WAS ENROLLED, THE SCHOOL DISTRICT OF 27 RESIDENCE OF EACH STUDENT AND WHETHER THE AMOUNTS DEDUCTED FROM 28 THE SCHOOL DISTRICT WERE ACCURATE. THE SECRETARY SHALL RESCIND 29 ANY PENALTY PAID TO A CYBER CHARTER SCHOOL UNDER CLAUSE (5) ON 30 BEHALF OF A STUDENT FOR WHOM BILLING WAS INACCURATE AS 20070H0446B2951 - 69 -
1 DETERMINED UNDER THIS CLAUSE. 2 (7) (I) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 3 THEREAFTER, NO CYBER CHARTER SCHOOL SHALL ACCUMULATE AN 4 UNRESERVED, UNDESIGNATED FUND BALANCE GREATER THAN THE CYBER 5 CHARTER FUND BALANCE LIMIT, WHICH SHALL BE DETERMINED AS 6 FOLLOWS: 7 CYBER CHARTER SCHOOL TOTAL MAXIMUM UNRESERVED, 8 BUDGETED EXPENDITURES UNDESIGNATED FUND 9 BALANCE AS PERCENTAGE 10 OF TOTAL BUDGETED 11 EXPENDITURES 12 LESS THAN OR EQUAL TO $11,999,999 12% 13 BETWEEN $12,000,000 AND $12,999,999 11.5% 14 BETWEEN $13,000,000 AND $13,999,999 11% 15 BETWEEN $14,000,000 AND $14,999,999 10.5% 16 BETWEEN $15,000,000 AND $15,999,999 10% 17 BETWEEN $16,000,000 AND $16,999,999 9.5% 18 BETWEEN $17,000,000 AND $17,999,999 9% 19 BETWEEN $18,000,000 AND $18,999,999 8.5% 20 GREATER THAN OR EQUAL TO $19,000,000 8% 21 (II) ANY UNRESERVED, UNDESIGNATED FUND BALANCE IN PLACE ON 22 JUNE 30, 2008, THAT EXCEEDS THE CYBER CHARTER FUND BALANCE LIMIT 23 SHALL BE DISTRIBUTED BY THE CYBER CHARTER SCHOOL AS FOLLOWS: 24 (A) THE CYBER CHARTER SCHOOL MAY EXPEND UP TO FORTY PER 25 CENTUM OF THE FUND BALANCE IN EXCESS OF THE LIMIT, BUT NO MORE 26 THAN $1,000,000, ON PROFESSIONAL DEVELOPMENT, STUDENT SUPPLIES, 27 TECHNOLOGY, INSTRUCTIONAL ACTIVITIES DIRECTLY AFFECTING STUDENT 28 PERFORMANCE, TO PROVIDE A DISCOUNT TO THE CYBER EDUCATION REAL 29 COST LEVEL AND CYBER SPECIAL EDUCATION REAL COST LEVEL TO ALL 30 SCHOOL DISTRICTS ON BEHALF OF ENROLLED STUDENTS OR OTHER 20070H0446B2951 - 70 -
1 ACTIVITIES AS APPROVED BY THE SECRETARY UPON APPLICATION BY THE 2 CYBER CHARTER SCHOOL. THE FUNDS MAY NOT BE USED TO PAY BONUSES 3 TO ANY EMPLOYE OR CONTRACTOR. 4 (B) THE REMAINDER SHALL BE REFUNDED ON A PRO RATA BASIS 5 WITHIN NINETY (90) DAYS TO ALL SCHOOL DISTRICTS THAT PAID 6 TUITION TO THE CYBER CHARTER SCHOOL ON BEHALF OF STUDENTS 7 ENROLLED IN THE 2006-2007 AND 2007-2008 SCHOOL YEARS. 8 (III) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 9 THEREAFTER, ANY UNRESERVED, UNDESIGNATED FUND BALANCE IN EXCESS 10 OF THE CYBER CHARTER FUND BALANCE LIMIT SHALL BE REFUNDED ON A 11 PRO RATA BASIS TO ALL SCHOOL DISTRICTS THAT PAID TUITION TO THE 12 CYBER CHARTER SCHOOL IN THE PRIOR SCHOOL YEAR. 13 (8) EXCEPT IN THE CASE OF ANY STUDENT ENROLLED IN A CYBER 14 CHARTER SCHOOL ON THE EFFECTIVE DATE OF THIS SECTION, A SCHOOL 15 DISTRICT SHALL NOT BE REQUIRED TO PROVIDE PER PUPIL FUNDING TO 16 CYBER CHARTER SCHOOLS FOR A STUDENT WHO DOES NOT MEET THE 17 MINIMUM REQUIREMENT FOR THE AGE OF KINDERGARTEN OR BEGINNER 18 ESTABLISHED BY THE BOARD OF SCHOOL DIRECTORS IN THE STUDENT'S 19 SCHOOL DISTRICT OF RESIDENCE. THE TERM "BEGINNERS," AS USED IN 20 THIS CLAUSE, SHALL MEAN ANY CHILD THAT SHOULD ENTER THE LOWEST 21 GRADE OF THE PRIMARY SCHOOL OR THE LOWEST PRIMARY CLASS ABOVE 22 THE KINDERGARTEN LEVEL. 23 (9) IF A STUDENT'S SCHOOL DISTRICT OF RESIDENCE DOES NOT 24 OFFER FULL-DAY KINDERGARTEN, THE SCHOOL DISTRICT OF RESIDENCE 25 SHALL ONLY BE REQUIRED TO PAY A CYBER CHARTER SCHOOL ONE-HALF OF 26 THE AMOUNT CALCULATED UNDER CLAUSE (2)(II) OR (3)(II) FOR ANY 27 STUDENT WHO IS ENROLLED IN KINDERGARTEN IN A CYBER CHARTER 28 SCHOOL. 29 * * * 30 SECTION 4. SECTION 1729-A(J) OF THE ACT, ADDED JUNE 19, 1997 20070H0446B2951 - 71 -
1 (P.L.225, NO.22), IS AMENDED TO READ: 2 SECTION 1729-A. CAUSES FOR NONRENEWAL OR TERMINATION.--* * * 3 (J) WHEN A CHARTER IS REVOKED OR IS NOT RENEWED, A STUDENT 4 WHO ATTENDED THE CHARTER SCHOOL SHALL APPLY TO ANOTHER PUBLIC 5 SCHOOL IN THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE. NORMAL 6 APPLICATION DEADLINES WILL BE DISREGARDED UNDER THESE 7 CIRCUMSTANCES. ALL STUDENT RECORDS MAINTAINED BY THE CHARTER 8 SCHOOL SHALL BE FORWARDED TO THE STUDENT'S DISTRICT OF RESIDENCE 9 WITHIN TEN (10) DAYS OF THE REVOCATION OR NONRENEWAL OF THE 10 CHARTER. 11 SECTION 5. SECTION 1741-A(A) OF THE ACT IS AMENDED BY ADDING 12 A CLAUSE TO READ: 13 SECTION 1741-A. POWERS AND DUTIES OF DEPARTMENT. 14 (A) POWERS AND DUTIES.--THE DEPARTMENT SHALL: 15 * * * 16 (6) PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ACT OF 17 JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE "REGULATORY REVIEW 18 ACT," THAT PROVIDE ALL OF THE FOLLOWING WITH REGARD TO CYBER 19 CHARTER SCHOOLS: 20 (I) THE MINIMUM NUMBER OF HOURS THAT STUDENTS MUST BE ONLINE 21 AND OFFLINE ENGAGED IN EDUCATIONAL ACTIVITIES IN ORDER TO MEET 22 THE ATTENDANCE REQUIREMENTS OF 22 PA. CODE CH. 11 (RELATING TO 23 STUDENT ATTENDANCE). 24 (II) THE REQUIREMENTS THAT EACH CYBER CHARTER SCHOOL MUST 25 MEET TO BE ABLE TO DEMONSTRATE IN ITS ANNUAL REPORT TO THE 26 DEPARTMENT DUE BY AUGUST 1 OF EACH YEAR UNDER SECTION 1743-A(F) 27 THAT THE MINIMUM NUMBER OF ONLINE AND OFFLINE HOURS HAVE BEEN 28 ATTAINED BY EACH STUDENT. 29 * * * 30 SECTION 6. SECTION 1742-A OF THE ACT, ADDED JUNE 29, 2002 20070H0446B2951 - 72 -
1 (P.L.524, NO.88), IS AMENDED TO READ: 2 SECTION 1742-A. ASSESSMENT AND EVALUATION. 3 THE DEPARTMENT SHALL: 4 (1) [ANNUALLY] NO LATER THAN OCTOBER 1 OF EACH YEAR, 5 ASSESS WHETHER EACH CYBER CHARTER SCHOOL IS MEETING THE GOALS 6 OF ITS CHARTER AND IS IN COMPLIANCE WITH THE PROVISIONS OF 7 THE CHARTER AND CONDUCT A COMPREHENSIVE REVIEW PRIOR TO 8 GRANTING A FIVE-YEAR RENEWAL OF THE CHARTER. THE DEPARTMENT 9 SHALL PROVIDE EACH CYBER CHARTER SCHOOL WITH THE RESULTS OF 10 THAT SCHOOL'S ANNUAL ASSESSMENT IN THE FORM OF A WRITTEN 11 REPORT TO BE SUBMITTED BOTH THROUGH UNITED STATES MAIL AND 12 ELECTRONICALLY BY NO LATER THAN NOVEMBER 1 OF EACH YEAR. THE 13 REPORT SHALL BE POSTED ON THE DEPARTMENT'S INTERNET WEBSITE 14 FOR NO LESS THAN A FIVE-YEAR PERIOD OR UNTIL THE EXPIRATION 15 OF THE CYBER CHARTER SCHOOL'S CURRENT CHARTER, WHICHEVER 16 OCCURS FIRST. 17 (2) ANNUALLY REVIEW EACH CYBER CHARTER SCHOOL'S 18 PERFORMANCE ON THE PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT 19 TEST, STANDARDIZED TESTS AND OTHER PERFORMANCE INDICATORS TO 20 ENSURE COMPLIANCE WITH 22 PA. CODE CH. 4 (RELATING TO 21 ACADEMIC STANDARDS AND ASSESSMENT) OR SUBSEQUENT REGULATIONS 22 PROMULGATED TO REPLACE 22 PA. CODE CH. 4. 23 (3) HAVE ONGOING ACCESS TO ALL RECORDS, INSTRUCTIONAL 24 MATERIALS AND STUDENT AND STAFF RECORDS OF EACH CYBER CHARTER 25 SCHOOL AND TO EVERY CYBER CHARTER SCHOOL FACILITY TO ENSURE 26 THE CYBER CHARTER SCHOOL IS IN COMPLIANCE WITH ITS CHARTER 27 AND THIS SUBDIVISION. 28 SECTION 7. SECTION 1743-A(B), (C) AND (E) OF THE ACT, ADDED 29 JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED AND THE SECTION IS 30 AMENDED BY ADDING SUBSECTIONS TO READ: 20070H0446B2951 - 73 -
1 SECTION 1743-A. CYBER CHARTER SCHOOL REQUIREMENTS AND 2 PROHIBITIONS. 3 * * * 4 (B) ENROLLMENT.--A CYBER CHARTER SCHOOL SHALL [REPORT TO THE 5 DEPARTMENT AN INCREASE OR A DECREASE OF 30% OR MORE IN ITS 6 ANTICIPATED ENROLLMENT] REQUEST APPROVAL FROM THE DEPARTMENT IN 7 ORDER TO INCREASE ITS ENROLLMENT BEYOND THAT SET FORTH IN THE 8 APPLICATION UNDER SECTION 1747-A(11). 9 (C) [SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL] DEPARTMENT.-- 10 THE DEPARTMENT SHALL MAKE AVAILABLE UPON REQUEST, EITHER IN 11 WRITING OR ELECTRONICALLY, [TO EACH STUDENT'S SCHOOL DISTRICT OF 12 RESIDENCE] THE FOLLOWING: 13 (1) A COPY OF THE CHARTER. 14 (2) A COPY OF THE CYBER CHARTER SCHOOL APPLICATION. 15 (3) A COPY OF ALL ANNUAL REPORTS PREPARED BY THE CYBER 16 CHARTER SCHOOL. 17 [(4) A LIST OF ALL STUDENTS FROM THAT SCHOOL DISTRICT 18 ENROLLED IN THE CYBER CHARTER SCHOOL.] 19 (C.1) SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL SHALL MAKE 20 AVAILABLE UPON REQUEST, EITHER IN WRITING OR ELECTRONICALLY, TO 21 EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE A LIST OF ALL 22 STUDENTS FROM THAT SCHOOL DISTRICT ENROLLED IN THE CYBER CHARTER 23 SCHOOL. 24 * * * 25 (E) STUDENTS.--FOR EACH STUDENT ENROLLED, A CYBER CHARTER 26 SCHOOL SHALL: 27 (1) PROVIDE ALL INSTRUCTIONAL MATERIALS; 28 (2) PROVIDE ALL EQUIPMENT, INCLUDING, BUT NOT LIMITED 29 TO, A COMPUTER, COMPUTER MONITOR AND PRINTER; AND 30 (3) PROVIDE OR REIMBURSE FOR ALL TECHNOLOGY AND SERVICES 20070H0446B2951 - 74 -
1 NECESSARY FOR THE ON-LINE DELIVERY OF THE CURRICULUM AND 2 INSTRUCTION. 3 THE COMMONWEALTH SHALL NOT BE LIABLE FOR ANY REIMBURSEMENT OWED 4 TO STUDENTS, PARENTS OR GUARDIANS BY A CYBER CHARTER SCHOOL 5 UNDER PARAGRAPH (3). ALL COMPUTERS, SOFTWARE AND INTERNET 6 CONNECTIONS PURCHASED BY THE CYBER CHARTER SCHOOL SHALL BE THE 7 PROPERTY OF THE CYBER CHARTER SCHOOL. IF A STUDENT DISCONTINUES 8 ENROLLMENT IN A CYBER CHARTER SCHOOL, THE STUDENT MUST RETURN 9 THE SCHOOL'S PROPERTY IN USABLE CONDITION OR PAY A CIVIL PENALTY 10 IN THE FORM OF FAIR MARKET VALUE FOR THE PROPERTY. 11 * * * 12 (J) BOARD OF TRUSTEES.--A MEMBER OF THE BOARD OF TRUSTEES 13 SHALL BE CONSIDERED A PUBLIC OFFICIAL UNDER THE ACT OF OCTOBER 14 4, 1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL 15 AND EMPLOYEE ETHICS LAW. NO MEMBER OF THE BOARD OF TRUSTEES MAY 16 DO BUSINESS WITH THE SCHOOL OR THE MANAGEMENT OF THE SCHOOL NOR 17 MAY A PERSON AFFILIATED WITH THE MANAGEMENT OF THE SCHOOL SIT ON 18 THE BOARD OF TRUSTEES. 19 (K) EMPLOYES.--PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL 20 TEACHING OR ADMINISTRATIVE CERTIFICATE MAY PETITION THE 21 DEPARTMENT TO HAVE THE TIME COMPLETED IN SATISFACTORY SERVICE IN 22 A CYBER CHARTER SCHOOL APPLIED TO THE LENGTH OF SERVICE 23 REQUIREMENTS FOR THE NEXT LEVEL OF CERTIFICATION. THE DEPARTMENT 24 SHALL ESTABLISH GUIDELINES GOVERNING ACCEPTABLE CRITERIA FOR 25 APPROVAL OF A PETITION UNDER THIS SUBSECTION. 26 (L) OUT-OF-STATE STUDENTS.--A CYBER CHARTER SCHOOL MAY NOT 27 EXPEND ANY FUNDS, INCLUDING FUNDS PROVIDED BY THE COMMONWEALTH 28 OR BY A SCHOOL DISTRICT, ON THE EDUCATION OF ANY STUDENT WHO IS 29 NOT A RESIDENT OF A PENNSYLVANIA SCHOOL DISTRICT. 30 SECTION 8. SECTIONS 1744-A AND 1747-A(11) OF THE ACT, ADDED 20070H0446B2951 - 75 -
1 JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED TO READ: 2 SECTION 1744-A. SCHOOL DISTRICT AND INTERMEDIATE UNIT 3 RESPONSIBILITIES. 4 AN INTERMEDIATE UNIT OR A SCHOOL DISTRICT IN WHICH A STUDENT 5 ENROLLED IN A CYBER CHARTER SCHOOL RESIDES SHALL DO ALL OF THE 6 FOLLOWING: 7 (1) PROVIDE THE CYBER CHARTER SCHOOL WITHIN TEN DAYS OF 8 RECEIPT OF THE NOTICE OF THE ADMISSION OF THE STUDENT UNDER 9 SECTION 1748-A(A) WITH ALL RECORDS RELATING TO THE STUDENT, 10 INCLUDING TRANSCRIPTS, TEST SCORES AND A COPY OF ANY 11 INDIVIDUALIZED EDUCATION PROGRAM FOR THAT STUDENT. 12 (2) PROVIDE THE CYBER CHARTER SCHOOL WITH REASONABLE 13 ACCESS TO ITS FACILITIES FOR THE ADMINISTRATION OF 14 STANDARDIZED TESTS REQUIRED UNDER THIS SUBDIVISION. 15 (3) UPON REQUEST AND SUBJECT TO AGREEMENT BETWEEN A 16 CYBER CHARTER SCHOOL AND AN INTERMEDIATE UNIT OR SCHOOL 17 DISTRICT, PROVIDE ASSISTANCE TO THE CYBER CHARTER SCHOOL IN 18 THE DELIVERY OF SERVICES TO A STUDENT WITH DISABILITIES. THE 19 SCHOOL DISTRICT OR INTERMEDIATE UNIT SHALL NOT CHARGE THE 20 CYBER CHARTER SCHOOL MORE FOR A SERVICE THAN IT CHARGES A 21 SCHOOL DISTRICT. 22 (4) MAKE PAYMENTS TO THE CYBER CHARTER SCHOOL UNDER 23 SECTION 1725-A. 24 SECTION 1747-A. CYBER CHARTER SCHOOL APPLICATION. 25 IN ADDITION TO THE PROVISIONS OF SECTION 1719-A, AN 26 APPLICATION TO ESTABLISH A CYBER CHARTER SCHOOL SHALL ALSO 27 INCLUDE THE FOLLOWING: 28 * * * 29 (11) THE MAXIMUM LEVEL OF [ANTICIPATED] ENROLLMENT 30 DURING EACH SCHOOL YEAR OF THE PROPOSED CHARTER, INCLUDING 20070H0446B2951 - 76 -
1 EXPECTED INCREASES DUE TO THE ADDITION OF GRADE LEVELS. 2 * * * 3 SECTION 9. SECTION 1748-A(A) OF THE ACT, ADDED JUNE 29, 2002 4 (P.L.524, NO.88), IS AMENDED AND THE SECTION IS AMENDED BY 5 ADDING A SUBSECTION TO READ: 6 SECTION 1748-A. ENROLLMENT AND NOTIFICATION. 7 (A) NOTICE TO SCHOOL DISTRICT.-- 8 (1) WITHIN [15] TEN DAYS OF THE ENROLLMENT OF A STUDENT 9 TO A CYBER CHARTER SCHOOL, THE PARENT OR GUARDIAN AND THE 10 CYBER CHARTER SCHOOL SHALL NOTIFY THE STUDENT'S SCHOOL 11 DISTRICT OF RESIDENCE OF THE ENROLLMENT THROUGH THE USE OF 12 THE NOTIFICATION FORM UNDER SUBSECTION (B). 13 (2) IF A SCHOOL DISTRICT WHICH HAS RECEIVED NOTICE UNDER 14 PARAGRAPH (1) DETERMINES THAT A STUDENT IS NOT A RESIDENT OF 15 THE SCHOOL DISTRICT, THE FOLLOWING APPLY: 16 (I) WITHIN [SEVEN] 20 DAYS OF RECEIPT OF THE NOTICE 17 UNDER PARAGRAPH (1), THE SCHOOL DISTRICT SHALL NOTIFY THE 18 CYBER CHARTER SCHOOL AND THE DEPARTMENT THAT THE STUDENT 19 IS NOT A RESIDENT OF THE SCHOOL DISTRICT. NOTIFICATION OF 20 NONRESIDENCE SHALL INCLUDE THE BASIS FOR THE 21 DETERMINATION. 22 (II) WITHIN SEVEN DAYS OF NOTIFICATION UNDER 23 SUBPARAGRAPH (I), THE CYBER CHARTER SCHOOL SHALL REVIEW 24 THE NOTIFICATION OF NONRESIDENCE, RESPOND TO THE SCHOOL 25 DISTRICT AND PROVIDE A COPY OF THE RESPONSE TO THE 26 DEPARTMENT. IF THE CYBER CHARTER SCHOOL AGREES THAT A 27 STUDENT IS NOT A RESIDENT OF THE SCHOOL DISTRICT, IT 28 SHALL DETERMINE THE PROPER DISTRICT OF RESIDENCE OF THE 29 STUDENT BEFORE REQUESTING FUNDS FROM ANOTHER SCHOOL 30 DISTRICT. 20070H0446B2951 - 77 -
1 (III) WITHIN SEVEN DAYS OF RECEIPT OF THE RESPONSE 2 UNDER SUBPARAGRAPH (II), THE SCHOOL DISTRICT SHALL NOTIFY 3 THE CYBER CHARTER SCHOOL THAT IT AGREES WITH THE CYBER 4 CHARTER SCHOOL'S DETERMINATION OR DOES NOT AGREE WITH THE 5 CYBER CHARTER SCHOOL'S DETERMINATION. 6 (IV) A SCHOOL DISTRICT THAT HAS NOTIFIED THE CYBER 7 CHARTER SCHOOL THAT IT DOES NOT AGREE WITH THE CYBER 8 CHARTER SCHOOL'S DETERMINATION UNDER SUBPARAGRAPH (III) 9 SHALL APPEAL TO THE DEPARTMENT FOR A FINAL DETERMINATION. 10 (V) ALL DECISIONS OF THE DEPARTMENT REGARDING THE 11 SCHOOL DISTRICT OF RESIDENCE OF A STUDENT SHALL BE 12 SUBJECT TO REVIEW BY THE COMMONWEALTH COURT. 13 (VI) A SCHOOL DISTRICT SHALL CONTINUE TO MAKE 14 PAYMENTS TO A CYBER CHARTER SCHOOL UNDER SECTION 1725-A 15 DURING THE TIME IN WHICH THE SCHOOL DISTRICT OF RESIDENCE 16 OF A STUDENT IS IN DISPUTE. 17 (VII) IF A FINAL DETERMINATION IS MADE THAT A 18 STUDENT IS NOT A RESIDENT OF AN APPEALING SCHOOL 19 DISTRICT, THE CYBER CHARTER SCHOOL SHALL RETURN ALL FUNDS 20 PROVIDED ON BEHALF OF THAT STUDENT TO THE SCHOOL DISTRICT 21 WITHIN 30 DAYS. 22 * * * 23 (D) TRUANCY.--IF A SCHOOL DISTRICT RECEIVES A NOTIFICATION 24 OF ENROLLMENT FORM, AS REQUIRED UNDER PARAGRAPH (A)(1), THAT A 25 RESIDENT STUDENT WHO IS A TRUANT FROM THE SCHOOL DISTRICT 26 SCHOOLS HAS ENROLLED IN A CYBER CHARTER SCHOOL, THE SCHOOL 27 DISTRICT SHALL NOTIFY THE CYBER CHARTER SCHOOL IN WRITING ABOUT 28 THE STUDENT'S TRUANCY. THE FOLLOWING SHALL APPLY: 29 (1) UPON RECEIPT OF NOTICE BY THE RESIDENT SCHOOL 30 DISTRICT OF A STUDENT'S TRUANCY AT THE SCHOOL DISTRICT 20070H0446B2951 - 78 -
1 SCHOOLS, THE CYBER CHARTER SCHOOL SHALL PROVIDE TO THE 2 STUDENT'S RESIDENT SCHOOL DISTRICT EVIDENCE DURING THE FIRST 3 THREE MONTHS THAT THE STUDENT IS ENROLLED IN THE CYBER 4 CHARTER SCHOOL, THAT THE STUDENT IS RECEIVING EDUCATIONAL 5 INSTRUCTION AND COMPLETING ASSIGNMENTS AS REQUIRED BY THE 6 CYBER CHARTER SCHOOL. THE EVIDENCE SHALL BE PROVIDED BY THE 7 CYBER CHARTER SCHOOL WHEN IT BILLS THE SCHOOL DISTRICT FOR 8 PAYMENT DURING THE FIRST THREE MONTHS OF THE STUDENT'S 9 ENROLLMENT. 10 (2) IF THE CYBER CHARTER SCHOOL FAILS TO COMPLY WITH THE 11 REQUIREMENTS OF PARAGRAPH (1), THE STUDENT'S RESIDENT SCHOOL 12 DISTRICT SHALL NOT BE REQUIRED TO PAY THE CYBER CHARTER 13 SCHOOL FOR THAT STUDENT DURING THAT TIME. 14 (3) IF ANY STUDENT ENROLLED IN THE CYBER CHARTER SCHOOL 15 ACCRUES THREE OR MORE DAYS OF UNLAWFUL ABSENCES, THE CYBER 16 CHARTER SCHOOL HAS THE AUTHORITY TO AND SHALL BE RESPONSIBLE 17 FOR INSTITUTING TRUANCY PROCEEDINGS UNDER SECTION 1333. 18 SECTION 10. SECTION 1749-A(A) OF THE ACT, ADDED JUNE 29, 19 2002 (P.L.524, NO.88), IS AMENDED TO READ: 20 SECTION 1749-A. APPLICABILITY OF OTHER PROVISIONS OF THIS ACT 21 AND OF OTHER ACTS AND REGULATIONS. 22 (A) GENERAL REQUIREMENTS.--CYBER CHARTER SCHOOLS SHALL BE 23 SUBJECT TO THE FOLLOWING: 24 (1) SECTIONS 108, 110, 111, 321, 325, 326, 327, 431, 25 436, 443, 510, 518, 527, 609, 687(A), (B), (C), (D), (H) AND 26 (J), 708, 752, 753, [755,] 771, 776, 777, 807.1, 808, 809, 27 810, 1109, 1111, 1112(A), 1205.1, 1205.2, 1301, 1302, 1310, 28 1317.2, 1318, 1330, 1332, 1333, 1354, 1355, 1303-A, 1518, 29 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716- 30 A, 1719-A, 1721-A, 1722-A, 1723-A(A) AND (B), 1724-A, 1725-A, 20070H0446B2951 - 79 -
1 1727-A, 1729-A, 1730-A, 1731-A(A)(1) AND (B) AND 2014-A AND 2 ARTICLES XII-A, XIII-A AND XIV. 3 (2) THE ACT OF JULY 17, 1961 (P.L.776, NO.341), KNOWN AS 4 THE PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT. 5 (3) THE ACT OF JULY 19, 1965 (P.L.215, NO.116), ENTITLED 6 "AN ACT PROVIDING FOR THE USE OF EYE PROTECTIVE DEVICES BY 7 PERSONS ENGAGED IN HAZARDOUS ACTIVITIES OR EXPOSED TO KNOWN 8 DANGERS IN SCHOOLS, COLLEGES AND UNIVERSITIES." 9 (4) SECTION 4 OF THE ACT OF JANUARY 25, 1966 (1965 10 P.L.1546, NO.541), ENTITLED "AN ACT PROVIDING SCHOLARSHIPS 11 AND PROVIDING FUNDS TO SECURE FEDERAL FUNDS FOR QUALIFIED 12 STUDENTS OF THE COMMONWEALTH OF PENNSYLVANIA WHO NEED 13 FINANCIAL ASSISTANCE TO ATTEND POSTSECONDARY INSTITUTIONS OF 14 HIGHER LEARNING, MAKING AN APPROPRIATION, AND PROVIDING FOR 15 THE ADMINISTRATION OF THIS ACT." 16 (5) THE ACT OF JULY 12, 1972 (P.L.765, NO.181) ENTITLED 17 "AN ACT RELATING TO DRUGS AND ALCOHOL AND THEIR ABUSE, 18 PROVIDING FOR PROJECTS AND PROGRAMS AND GRANTS TO EDUCATIONAL 19 AGENCIES, OTHER PUBLIC OR PRIVATE AGENCIES, INSTITUTIONS OR 20 ORGANIZATIONS." 21 (6) THE ACT OF DECEMBER 15, 1986 (P.L.1595, NO.175), 22 KNOWN AS THE ANTIHAZING LAW. 23 * * * 24 SECTION 11. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. A18L24JKL/20070H0446B2951 - 80 -