1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in charter schools, further providing
6for enrollment.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1723-A heading, (a) and (b) of the act of
10March 10, 1949 (P.L.30, No.14), known as the Public School Code
11of 1949, amended June 26, 1999 (P.L.394, No.36), are amended to
12read:

13Section 1723-A. Application for Admission and Enrollment.--
14(a) (1) All resident children in this Commonwealth qualify for
15admission to a charter school within the provisions of
16subsection (b). If more students apply to the charter school
17than the number of attendance slots available in the school,
18then students must be selected on a random basis from a pool of
19[qualified applicants meeting the established eligibility
20criteria and submitting an application] resident children who
 

1have submitted an application in accordance with subsection (a)
2(3) and (4) by the deadline established by the charter school,
3except that the charter school may give preference in enrollment
4to a child of a parent who has actively participated in the
5development of the charter school and to siblings of students
6presently enrolled in the charter school. First preference shall
7be given to students who reside in the district or districts.

8(2) Resident children not selected from the initial pool
9shall be placed on a waiting list in random order. Resident
10children who apply after a waiting list has been created shall
11be placed on the waiting list in the order in which their
12applications are received. The charter school shall enroll
13additional resident children from the waiting list when space
14becomes available.

15(3) Applications for admission to a charter school shall be
16made on a form developed by the department. The application form
17developed by the department shall be made available at the
18charter school and posted on the charter school's publicly
19accessible Internet website, if the charter school has a
20publicly accessible Internet website.

21(4) Applications for admission to a charter school or
22entrance into a pool for random selection shall not require or
23include a request for any other information beyond the contents
24of the application form developed by the department unless
25delineated in the school's charter, permitted under subsection
26(b)(2) or (2.1) and approved by the local board of school
27directors, in the case of a charter school or regional charter
28school, or by the department, in the case of a cyber charter
29school.

30(5) Nothing in this section shall prohibit a charter school

1from requesting the submission of additional records and
2information that public schools are entitled to receive after a
3student acceptance for admission to a charter school.

4(b) (1) [A] Except as provided in paragraph (2) or (2.1), a
5charter school shall not discriminate in its admission policies
6or practices on the basis of intellectual ability[, except as
7provided in paragraph (2),] or athletic ability, measures of
8achievement or aptitude, status as a person with a disability,
9proficiency in the English language or any other basis that
10would be illegal if used by a school district.

11(2) A charter school may limit admission to a particular
12grade level[,] or a targeted population group composed of at-
13risk students[, or areas of concentration of the school such as
14mathematics, science or the arts. A charter school may establish
15reasonable criteria to evaluate prospective students which shall
16be outlined in the school's charter].

17(2.1) Only a charter school for students in grades nine
18through twelve with a concentrated, specialized or accelerated
19program of study in science, technology, engineering and
20mathematics (STEM) or the performing arts, as set forth in the
21school's charter, may establish reasonable criteria to evaluate
22prospective students for admission purposes. The admission
23criteria may include a test, project or audition or a review of
24the prospective student's prior school grades, and shall be made
25available at the charter school and posted on the charter
26school's publicly accessible Internet website. Every child who
27meets the admission criteria shall be eligible for admission and
28included in a pool for random selection if a pool is required
29under subsection (a)(1).

30* * *

1Section 2. This act shall take effect in 60 days.