PRIOR PRINTER'S NO. 3371 PRINTER'S NO. 4017
No. 2401 Session of 2002
INTRODUCED BY SCHULER, NAILOR, ROBINSON, HERMAN, RUBLEY,
PISTELLA, MUNDY, MARSICO, FLICK, FAIRCHILD, WATSON, SATHER,
SURRA, TIGUE, NICKOL, J. EVANS, CREIGHTON, ZUG, CURRY,
ZIMMERMAN, STURLA, BOYES, B. SMITH, SHANER, THOMAS, SEMMEL,
YOUNGBLOOD, HARHAI, STEELMAN, COY, MAHER AND R. STEVENSON,
MARCH 11, 2002
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 12, 2002
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," providing for a Statewide system of
6 licensing and oversight of cyber schools and for payments.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding an
11 article to read:
12 ARTICLE XVII-C
13 CYBER SCHOOLS
14 Section 1701-C. Short title.
15 This article shall be known and may be cited as the
16 Pennsylvania Cyber School Act.
17 Section 1702-C. Legislative findings and purposes.
1 The General Assembly finds and declares as follows:
2 (1) Since the enactment of the Charter School Law,
3 charter school applicants have sought and received charters
4 to operate cyber charter schools wherein academic instruction
5 is delivered entirely or predominantly via the Internet or
6 other computer linkages to students situated in their own
7 homes.
8 (2) Because technology readily enables cyber charter
9 schools to serve students residing in all of the school
10 districts throughout this Commonwealth, many cyber charter
11 schools have operated with a charter from a single school
12 district without any significant interaction with the school
13 districts from which their students have been drawn.
14 (3) Pennsylvania's charter school law does not
15 contemplate the creation of cyber charter schools, and that
16 law does not provide an adequate framework for curriculum
17 evaluation, operations and finances of cyber charter schools
18 nor does it authorize cyber education as a legal method of
19 education.
20 (4) The General Assembly, in enacting this article,
21 intends to authorize cyber education through the creation of
22 a Statewide system of licensing and oversight by the
23 Department of Education and by allowing public school
24 entities to create their own cyber education programs.
25 (5) By this article the General Assembly intends to
26 increase the opportunities for parents and students to
27 participate in high quality cyber education programs while
28 ensuring fiscal accountability to the taxpayers of this
29 Commonwealth.
30 Section 1703-C. Definitions.
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1 The following words and phrases when used in this article
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Charter School Law." Article XVII-A.
5 "Compulsory attendance." The requirement for school-aged
6 children to attend a legally recognized school as contained in
7 section 1327.
8 "Correction service." The procedure for receiving and
9 correcting all tests and other student work in a timely manner,
10 providing appropriate comments and suggestions for correction of
11 errors and apparent weaknesses, promptly returning the corrected
12 tests and other student work to the student concerned and
13 recommending other assignments and areas of inquiry.
14 "Cyber education program." A program of instruction offered
15 by a cyber school or school entity for school-aged children
16 delivered entirely or predominantly via the Internet or other
17 computer linkages.
18 "Cyber education provider." A cyber school or school entity
19 that provides a cyber education program.
20 "Cyber school." A school that provides a cyber education
21 program.
22 "Department." The Department of Education of the
23 Commonwealth.
24 "PSSA." The Pennsylvania System of School Assessment.
25 "School-aged child." A child residing within this
26 Commonwealth eligible for free school privileges pursuant to
27 section 1301.
28 "School entity." A school district, vocational-technical
29 school, intermediate unit, charter school or independent school. <--
30 SCHOOL OR INTERMEDIATE UNIT. <--
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1 "Secretary." The Secretary of Education of the Commonwealth.
2 "State board." The State Board of Education.
3 Section 1704-C. License required.
4 (a) General rule.--A cyber school shall not enroll school-
5 aged children within this Commonwealth unless the cyber school
6 has obtained from the secretary a license issued in the manner
7 and form prescribed by this article.
8 (b) Exception.--Notwithstanding subsection (a), no license
9 shall be required and the provisions of this article shall not
10 apply to the delivery of a cyber education program by a school
11 entity exclusively to resident school-aged children enrolled
12 within the school entity.
13 Section 1705-C. Application for license.
14 (a) General rule.--Before any license is issued to a cyber
15 school, a verified application shall be submitted to the
16 secretary in writing and on a form prepared and furnished by the
17 department.
18 (b) Name.--An application for a license shall be submitted
19 by and in the name of a nonsectarian corporation not-for-profit,
20 as defined in 15 Pa.C.S. § 102 (relating to definitions) or by
21 and in the name of a school entity.
22 (c) Contents.--The application for a license shall include
23 all of the following:
24 (1) The name, mailing address and telephone number of
25 the proposed cyber school.
26 (2) The name, mailing address and telephone number of
27 the contact person for the application.
28 (3) If the application is submitted by a nonsectarian
29 corporation not-for-profit, a copy of the filed articles of
30 incorporation for the proposed cyber school.
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1 (4) If the application is submitted by a nonsectarian
2 corporation not-for-profit, the governance structure of the
3 proposed cyber school, including the bylaws.
4 (5) The grade or age levels and total student enrollment
5 to be served by the proposed cyber school.
6 (6) The mission and educational goals of the proposed
7 cyber school; the curriculum to be offered; the equipment,
8 material, instructional staff, correction service and support
9 services that will be made available to students; and the
10 methods of assessing student achievement, including
11 participation in the PSSA as provided for in 22 Pa. Code Ch.
12 4 (relating to academic standards and assessment) or in any
13 successor to that chapter.
14 (7) The enrollment policy and criteria for evaluating
15 applications for enrollment in the proposed cyber school.
16 (8) The procedures that the proposed cyber school will
17 use to suspend or expel students and to notify the school
18 district in which a student resides that the student has been
19 suspended or expelled from the cyber school or is otherwise
20 no longer enrolled in the cyber school.
21 (9) The financial resources that will be utilized to
22 equip, maintain and operate the proposed cyber school, the
23 projected annual budget for the school and the provisions
24 that will be made for auditing the school under section 437.
25 (10) The procedures that will be established to review
26 complaints from parents regarding the operation of the
27 proposed cyber school.
28 (11) The place or places at which tests will be given
29 and face-to-face interaction between teachers and students
30 will occur.
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1 (12) An explanation of how the proposed cyber school
2 will assure that each student receives a minimum of 180 days
3 of instruction per year, 900 hours of instruction at the
4 elementary level per year, 990 hours of instruction at the
5 secondary level per year, or an explanation of how the
6 proposed cyber school will assure that each student receives
7 equivalent instruction sufficient to be deemed by the
8 secretary as in compliance with section 1327.
9 (13) The number and professional qualifications of the
10 employees of the proposed cyber school.
11 (14) Any agreements that have been entered into or plans
12 that have been developed with school districts regarding
13 participation of the proposed cyber school's students in
14 extracurricular activities.
15 (15) A report of the criminal history record, pursuant
16 to section 111, for all trustees, officers and employees of
17 the proposed cyber school.
18 (16) An official clearance statement regarding child
19 injury or abuse from the Department of Public Welfare as
20 required by 23 Pa.C.S. Ch. 63 Subch. C.2 (relating to
21 background checks for employment in schools) for all
22 trustees, officers and employees of the proposed cyber
23 school.
24 (17) An explanation of how the proposed cyber school
25 will provide adequate liability and other appropriate
26 insurance.
27 (18) Any additional information the secretary may deem
28 necessary in order to determine the adequacy of the program
29 of instruction and the financial integrity of the proposed
30 cyber school.
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1 (d) Notice.--The department shall publish notice of the
2 license application in the Pennsylvania Bulletin and shall
3 provide for a period of at least 30 days for the submission of
4 public comments on the license application.
5 (e) Public records.--The license application, any document
6 submitted in support of the license application, any public
7 comment on the license application and any document prepared by
8 the department with regard to the license application shall be a
9 public record for purposes of the act of June 21, 1957 (P.L.390,
10 No.212), referred to as the Right-to-Know Law.
11 (f) Hearing.--After completion of the public comment period
12 and a review of the license application, including any public
13 hearing the secretary deems necessary and any public comments,
14 the secretary shall issue a written decision approving or
15 disapproving the application. Notice shall be provided and such
16 hearing shall be conducted in accordance with 65 Pa.C.S. Ch. 7
17 (relating to open meetings).
18 (g) Approval.--The secretary shall not approve the license
19 application unless the secretary determines that the proposed
20 cyber school:
21 (1) Has submitted an application that fully complies
22 with subsections (a), (b) and (c).
23 (2) Is capable of providing an adequate program of
24 instruction that will increase learning opportunities.
25 (3) Will be accountable for meeting measurable academic
26 standards and for demonstrating gains in student achievement.
27 (4) Will be viable and accountable from a financial
28 standpoint.
29 Section 1706-C. Issuance of license.
30 (a) General rule.--Upon approval of a license application
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1 pursuant to section 1705-C, the secretary shall issue a license
2 to the proposed cyber school for a term of no less than three
3 years and no more than five years. The license shall incorporate
4 the license application with any revisions therein required by
5 the secretary and shall set forth any conditions imposed by the
6 secretary on the cyber school's operation.
7 (b) Amended license.--The cyber school shall not deviate
8 materially from the license issued pursuant to subsection (a)
9 unless the cyber school applies for and receives an amended
10 license. The procedure for obtaining an amended license shall be
11 the same as the procedure prescribed under section 1705-C for
12 obtaining a license.
13 Section 1707-C. Renewal of license.
14 (a) General rule.--A cyber school may apply for renewal of
15 its license for a term of five years.
16 (b) Application.--Not later than one year prior to the
17 expiration of the term of its current license, a cyber school
18 that seeks to renew that license shall submit a license renewal
19 application to the secretary that includes all of the following:
20 (1) All of the information required by section 1705-C(c)
21 for an initial application, as updated or otherwise revised.
22 (2) Such additional information as the secretary may
23 require in order to assess the performance of the cyber
24 school during the term of the expiring license.
25 (c) Notice.--The department shall publish notice of the
26 license renewal application in the Pennsylvania Bulletin and
27 shall provide for a period of at least 30 days for the
28 submission of public comments on the license renewal
29 application.
30 (d) Public record.--The license renewal application, any
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1 document submitted in support of the license renewal
2 application, any public comment on the license renewal
3 application and any document prepared by the department with
4 regard to the license renewal application shall be a public
5 record for purposes of the act of June 21, 1957 (P.L.390,
6 No.212), referred to as the Right-to-Know Law.
7 (e) Public hearing.--After completion of the public comment
8 period and a review of the license renewal application,
9 including any public hearing the secretary deems necessary and
10 any public comments, the secretary shall issue a written
11 decision approving or disapproving renewal of the license.
12 Notice shall be provided and such hearing shall be conducted in
13 accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).
14 (f) Approval.--The secretary shall not approve renewal of
15 the license unless the secretary determines that the cyber
16 school:
17 (1) has submitted a license renewal application that
18 fully complies with subsection (b);
19 (2) has provided and is capable of continuing to provide
20 an adequate program of instruction that will increase
21 learning opportunities;
22 (3) has been and will continue to be accountable for
23 meeting measurable academic standards and for demonstrating
24 gains in student achievement;
25 (4) has been and will continue to be viable and
26 accountable from a financial standpoint; and
27 (5) has operated and will continue to operate in
28 accordance with its license.
29 (g) Revisions and conditions.--If the secretary approves the
30 renewal of the license, the secretary may require revisions in
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1 or impose conditions on the license previously issued pursuant
2 to section 1706-C or 1713-C.
3 Section 1708-C. Operation of cyber school.
4 (a) Not-for-profit.--Except as provided in subsection (c), a
5 cyber school shall be organized and operated as a corporation
6 not-for-profit in accordance with 15 Pa.C.S. (relating to
7 corporations and unincorporated associations).
8 (b) Board of trustees.--Except as provided in subsection
9 (c), a cyber school shall be governed by a board of trustees
10 that shall have the powers and duties of the board of directors
11 of a corporation not-for-profit in accordance with 15 Pa.C.S.
12 All meetings of the board of trustees shall be held within this
13 Commonwealth and in accordance with 65 Pa.C.S. Ch. 7 (relating
14 to open meetings).
15 (c) Exceptions.--
16 (1) Subsections (a) and (b) shall not apply to a cyber
17 school if the cyber school's license application was
18 submitted by and in the name of a school entity.
19 (2) A cyber school to which subsections (a) and (b) do
20 not apply shall be organized and operated as part of a school
21 entity in the same manner as an additional school established
22 under section 502 is operated by a school district.
23 (3) PARAGRAPH (1) SHALL NOT APPLY TO A CYBER SCHOOL <--
24 ORGANIZED AND OPERATED AS PART OF A SCHOOL ENTITY. A CYBER
25 SCHOOL ORGANIZED AND OPERATED AS PART OF A SCHOOL ENTITY MAY
26 CONTRACT FOR ANY SERVICE ONLY TO THE EXTENT AND IN THE MANNER
27 THE SCHOOL ENTITY OF WHICH IT IS A PART MAY CONTRACT FOR THAT
28 SERVICE.
29 (4) PARAGRAPHS (14), (15), (16) AND (17) SHALL NOT APPLY
30 TO A CYBER SCHOOL ORGANIZED AND OPERATED AS A PART OF A
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1 SCHOOL ENTITY. EMPLOYEES OF A CYBER SCHOOL ORGANIZED AND
2 OPERATED AS PART OF A SCHOOL ENTITY:
3 (I) SHALL BE EMPLOYEES OF THE SCHOOL ENTITY.
4 (II) SHALL HAVE THE SAME RIGHTS UNDER THE ACT OF
5 JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE PUBLIC
6 EMPLOYE RELATIONS ACT, THIS ACT AND ANY OTHER PROVISION
7 OF LAW AS OTHER EMPLOYEES OF THE SCHOOL ENTITY.
8 (III) SHALL BE COVERED BY THE APPROPRIATE COLLECTIVE
9 BARGAINING AGREEMENT OR AGREEMENTS APPLICABLE TO OTHER
10 EMPLOYEES OF THAT SCHOOL ENTITY.
11 (d) Powers and duties.--A cyber school:
12 (1) May contract for management, administrative or
13 curriculum services to be provided by an entity that is a
14 corporation, partnership or limited liability company under
15 15 Pa.C.S. only if, after reviewing the negotiated contract,
16 the secretary determines that:
17 (i) the contractual relationship will be consistent
18 with the cyber school's license and with the fiduciary
19 obligation of the cyber school's board of trustees under
20 15 Pa.C.S. § 5712 (relating to standard of care and
21 justifiable reliance); and
22 (ii) the cyber school's board of trustees will have
23 real and substantial authority and responsibility for the
24 educational decisions.
25 (2) Shall be nonsectarian in all operations and shall
26 not provide any religious instruction.
27 (3) May sue and be sued only to the same extent and upon
28 the same condition that political subdivisions and local
29 agencies may sue and be sued.
30 (4) Shall not unlawfully discriminate in any matter.
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1 (5) Shall comply with 65 Pa.C.S. Ch. 7.
2 (6) Shall provide the department with ongoing access to
3 the cyber school's records and facilities.
4 (7) Shall submit an annual report to the department
5 sufficient to demonstrate that the cyber school is operating
6 in accordance with its license.
7 (8) May enroll students who reside anywhere within this
8 Commonwealth.
9 (9) May limit enrollment to a particular grade level or
10 levels or to a particular area or areas of concentration as
11 set forth in the license application.
12 (10) Except as provided in paragraph (9), shall not
13 discriminate in its enrollment policies or practices on the
14 basis of intellectual ability, measures of achievement or
15 aptitude, status as a person with a disability, proficiency
16 in the English language or any other basis that would be
17 unlawful if the cyber school were a school entity.
18 (11) Shall comply with Federal laws and regulations
19 governing children with disabilities.
20 (12) Shall comply with all provisions of 22 Pa. Code Ch.
21 4 (relating to academic standards and assessment) or any
22 successor to 22 Pa. Code Ch. 4, that are applicable to a
23 charter school under the Charter School Law, provided that to
24 the extent an applicable provision of this article, or an
25 applicable regulation promulgated under this article,
26 conflicts with a provision of 22 Pa. Code Ch. 4, or any
27 successor to 22 Pa. Code Ch. 4, the cyber school shall comply
28 with the provision of this article or the regulation
29 promulgated under this article.
30 (13) SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT <--
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1 SUFFICIENT TO DEMONSTRATE THAT THE CYBER SCHOOL IS OPERATING
2 IN ACCORDANCE WITH ITS LICENSE.
3 (14) SHALL HIRE, ASSIGN, EVALUATE, DISCIPLINE AND
4 DISCHARGE ALL EMPLOYEES OF THE CYBER SCHOOL AND SHALL
5 DETERMINE THE LEVEL OF THEIR COMPENSATION AND THE TERMS AND
6 CONDITIONS OF THEIR EMPLOYMENT, PROVIDED THAT EMPLOYEES SHALL
7 HAVE THE RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY UNDER THE
8 PROVISIONS OF THE PUBLIC EMPLOYE RELATIONS ACT AND ARTICLE
9 XI-A.
10 (15) NOTWITHSTANDING PARAGRAPH (1), SHALL ASSURE THAT NO
11 PERSON IS PERMITTED TO TEACH IN THE CYBER SCHOOL UNLESS THE
12 PERSON:
13 (I) HAS THE APPROPRIATE STATE CERTIFICATION REQUIRED
14 UNDER ARTICLE XII FOR A PERSON TO TEACH IN THE PUBLIC
15 SCHOOLS OF THIS COMMONWEALTH.
16 (II) MEETS THE QUALIFICATIONS IN SECTIONS 1109 AND
17 1209.
18 (III) IS AN EMPLOYEE OF THE CYBER SCHOOL.
19 (16) SHALL BE CONSIDERED A PUBLIC EMPLOYER FOR THE
20 PURPOSES OF THE PUBLIC EMPLOYE RELATIONS ACT AND, UPON
21 FORMATION OF ONE OR MORE COLLECTIVE BARGAINING UNITS, SHALL
22 BARGAIN WITH ITS EMPLOYEES BASED ON THE PROVISIONS OF THAT
23 ACT AND ARTICLE XI-A.
24 (17) SHALL ENROLL ALL EMPLOYEES IN THE PUBLIC SCHOOL
25 EMPLOYEES' RETIREMENT SYSTEM IN THE MANNER SET FORTH IN 24
26 PA.C.S. § 8301(A) (RELATING TO MANDATORY AND OPTIONAL
27 MEMBERSHIP), PROVIDED, IF THE CYBER SCHOOL FAILS TO MAKE
28 PAYMENTS TO THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM,
29 THE SECRETARY SHALL MAKE THOSE PAYMENTS AND DEDUCT THE
30 PAYMENTS FROM THE AMOUNT THE CYBER SCHOOL WOULD OTHERWISE
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1 RECEIVE UNDER SECTION 1711-C.
2 Section 1709-C. Standards REGULATIONS for cyber education <--
3 programs.
4 (a) Minimum standards REGULATIONS.--No later than 12 months <--
5 after the effective date of this article, the State board shall
6 promulgate minimum standards REGULATIONS regarding the <--
7 curriculum content, operation and supervision of cyber education
8 programs offered by cyber schools. The regulations shall contain
9 provisions that ensure the following:
10 (1) That all academic instruction is aligned with
11 regulations under 22 Pa. Code Ch. 4 (relating to academic
12 standards and assessment) and the PSSA.
13 (2) That appropriate course delivery systems and
14 technologies are used.
15 (3) That privacy and security measures to ensure that
16 data gathered online adheres to confidentiality requirements
17 under applicable Federal and State laws.
18 (4) That programs adequately address the issue of
19 accountability for student authenticity of work, including
20 homework, tests, essays and demonstration projects.
21 (5) That school-aged children participating in cyber
22 education are properly supervised by an adult.
23 (6) That all programs allow for appropriate amounts of
24 online time for elementary, middle and high school students.
25 (7) That all programs specify the type and frequency of
26 communication between the cyber education provider and the
27 student to ensure academic integrity of the program.
28 (8) That programs provide for and deliver proper
29 services to students identified as special education or
30 gifted as required by Federal and State law.
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1 (b) Interim guidelines.--The department shall promulgate
2 interim guidelines consistent with the requirements of this
3 section. Such guidelines shall be void upon the promulgation of
4 final regulations by the State board as required in subsection
5 (a).
6 Section 1710-C. Enrollment in cyber schools.
7 (a) General rule.--Notwithstanding the restrictions in
8 subsection (b), enrollment in a cyber school shall be open to
9 all school-aged children residing in this Commonwealth.
10 (b) Restriction on enrollment.--No school-aged child may
11 enroll in a cyber school during the period for which the child
12 has been suspended or expelled from a public school entity
13 unless authorized to do so by the student's school district of
14 residence.
15 (c) Verification of enrollment.--Before any student is
16 enrolled in a cyber school, the cyber school shall verify by
17 appropriate documentation to the school district of residence
18 that the student has actually enrolled in its cyber education
19 program. For purposes of this subsection, "appropriate
20 documentation" includes an affidavit signed by a student's
21 parent or guardian that enrollment in the school's cyber
22 education program has taken place. No student shall be enrolled
23 in a cyber school without the verification required by this
24 section.
25 (d) Verification of residency.--Before any student is
26 enrolled in a cyber school, the cyber school shall verify by
27 appropriate documentation to the student's school district of
28 residence that the student is a resident. For purposes of this
29 subsection, "appropriate documentation" includes a deed, title
30 or other legal document establishing that the student's parent
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1 or guardian is a resident of the district.
2 Section 1711-C. Payments on account of students enrolled in
3 cyber schools.
4 (a) Payments for tuition of students enrolled in cyber
5 schools.--
6 (1) The student's school district of residence shall be
7 responsible for a payment to a cyber school of $1,500 per
8 student.
9 (2) The school district of residence shall be
10 responsible for $750 per student on account of any resident
11 student in the student's first year of participation in a
12 cyber school who was not enrolled in the school district of
13 residence in the immediately preceding school year.
14 (3) The department shall pay for any and all additional
15 costs for cyber school students.
16 (4) A SCHOOL DISTRICT SHALL NOT BE REQUIRED TO PAY FOR A <--
17 RESIDENT STUDENT TO ATTEND A CYBER SCHOOL IF THE SCHOOL
18 DISTRICT OPERATES ITS OWN FULL-TIME CYBER SCHOOL PROGRAM AT
19 THE STUDENT'S GRADE OR ABILITY LEVEL UNLESS APPROVED BY THE
20 BOARD OF SCHOOL DIRECTORS.
21 (b) Limitation on school district payments.--Notwithstanding
22 the provisions of subsection (a), no school district shall be
23 responsible for payments to cyber schools that exceed $1,500
24 times the product of .008 multiplied by a school district's
25 average daily membership for the 2001-2002 school year. School
26 districts of the first class and first class A shall not be
27 responsible for payments to cyber schools that exceed $1,500
28 times the product of .0015 multiplied by the school district's
29 2001-2002 average daily membership. The limitations established
30 in this subsection shall take into account all students
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1 participating in a cyber school, regardless of enrollment in the
2 immediately preceding school year.
3 (c) Notification of enrollments.--A school district of
4 residence shall not be liable for payment of the tuition of any
5 student enrolled in a cyber school unless notification is made
6 to the school district by March 31 of the immediately preceding
7 school year.
8 (d) Other payments.--The payment of tuition for students
9 enrolled in a cyber education program operated by a public
10 school entity shall be subject to negotiation between the school
11 district of residence and the cyber education provider.
12 Section 1712-C. Sharing of information.
13 (a) Cyber education program.--A school district that is
14 paying any portion of a student's tuition to a cyber education
15 provider shall have access to information on the cyber education
16 program being provided, including information on assessments and
17 financial records.
18 (b) Student progress records.--A school district that is
19 paying any portion of a student's tuition to a cyber education
20 provider shall have access to any records regarding a student's
21 progress, provided such access is not prohibited by applicable
22 Federal or State law.
23 (c) Changes in residence.--When a student who is enrolled in
24 a cyber school changes the student's district of residence, the
25 cyber school provider shall notify, within ten business days,
26 both the district from which the student moved and the district
27 into which the student is moving. The cyber school shall be
28 responsible for providing the required documentation verifying
29 enrollment and residency to the school district into which the
30 student moves.
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1 (d) Information not provided.--A school district shall not
2 be liable for the payment of tuition to a cyber education
3 provider for any student for whom the information required under
4 subsection (a), (b) or (c) is not provided within 30 days of the
5 receipt of a request. All requests for information shall be made
6 directly to the cyber education provider.
7 SECTION 1713-C. REVOCATION. <--
8 (A) GENERAL RULE.--DURING THE TERM OF A LICENSE ISSUED OR
9 RENEWED IN ACCORDANCE WITH THIS ACT, THE SECRETARY MAY REVOKE
10 THE LICENSE IF, AFTER NOTICE AND PUBLIC HEARING IN ACCORDANCE
11 WITH 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS) AND AFTER
12 CONSIDERATION OF ANY PUBLIC COMMENTS, THE SECRETARY DETERMINES
13 THAT:
14 (1) THE CYBER SCHOOL HAS FAILED TO OPERATE IN ACCORDANCE
15 WITH ITS LICENSE OR ANY CONDITIONS IMPOSED ON THE LICENSE;
16 (2) THE CYBER SCHOOL HAS FAILED TO OPERATE IN ACCORDANCE
17 WITH ANY CONDITIONS, STANDARDS OR PROCEDURES CONTAINED IN THE
18 CHARTER IT SURRENDERED PURSUANT TO SECTION 1715-C;
19 (3) THE CYBER SCHOOL HAS FAILED TO MEET THE REQUIREMENTS
20 FOR STUDENT PERFORMANCE SET FORTH IN 22 PA. CODE CH. 4
21 (RELATING TO ACADEMIC STANDARDS AND ASSESSMENTS) OR ANY
22 SUCCESSOR TO 22 PA. CODE CH. 4;
23 (4) THE CYBER SCHOOL HAS FAILED TO MEET GENERALLY
24 ACCEPTED AUDITING REQUIREMENTS;
25 (5) THE CYBER SCHOOL HAS BEEN CONVICTED OF FRAUD;
26 (6) A TRUSTEE, OFFICER OR EMPLOYEE OF THE CYBER SCHOOL
27 HAS BEEN CONVICTED OF FRAUD RELATING TO THE CYBER SCHOOL'S
28 LICENSE APPLICATION OR THE CYBER SCHOOL'S OPERATION;
29 (7) THE CYBER SCHOOL HAS ENGAGED IN FALSE, DECEPTIVE OR
30 MISLEADING REPRESENTATIONS IN RECRUITING OR ENROLLING
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1 STUDENTS; OR
2 (8) THE CYBER SCHOOL HAS VIOLATED ANY PROVISIONS OF THIS
3 ACT OR REGULATIONS PROMULGATED UNDER THIS ACT, ANY PROVISIONS
4 OF ANY OTHER LAWS OR REGULATIONS OF THIS COMMONWEALTH OR ANY
5 OTHER LAWS OR REGULATIONS OF THIS COMMONWEALTH OR ANY
6 PROVISIONS OF ANY RELEVANT FEDERAL LAWS OR REGULATIONS.
7 (B) NOTICE.--THE DEPARTMENT SHALL PUBLISH NOTICE OF ANY
8 HEARING PURSUANT TO SUBSECTION (A) IN THE PENNSYLVANIA BULLETIN
9 AND SHALL PROVIDE FOR A PERIOD OF AT LEAST 30 DAYS FOR THE
10 SUBMISSION OF PUBLIC COMMENTS ON WHETHER OR NOT THE CYBER
11 SCHOOL'S LICENSE SHOULD BE REVOKED.
12 (C) PUBLIC RECORD.--ANY DOCUMENT SUBMITTED REGARDING THE
13 REVOCATION OF A CYBER SCHOOL'S LICENSE, ANY PUBLIC COMMENT ON
14 WHETHER OR NOT SUCH LICENSE SHOULD BE REVOKED AND ANY DOCUMENT
15 PREPARED BY THE DEPARTMENT WITH REGARD TO THE REVOCATION OR
16 POSSIBLE REVOCATION OF SUCH LICENSE SHALL BE A PUBLIC RECORD FOR
17 PURPOSES OF THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED
18 TO AS THE RIGHT-TO-KNOW LAW.
19 SECTION 1714-C. ADJUDICATION.
20 ANY DECISION BY THE SECRETARY TO APPROVE OR DISAPPROVE A
21 CYBER SCHOOL LICENSE APPLICATION, TO APPROVE OR DISAPPROVE THE
22 RENEWAL OF SUCH LICENSE OR TO REVOKE OR REFUSE TO REVOKE SUCH
23 LICENSE SHALL BE AN ADJUDICATION UNDER 2 PA.C.S. (RELATING TO
24 ADMINISTRATIVE LAW AND PROCEDURE). ANY PERSON AGGRIEVED BY SUCH
25 ADJUDICATION MAY APPEAL THAT ADJUDICATION IN ACCORDANCE WITH 2
26 PA.C.S.
27 Section 1713-C 1715-C. Transition. <--
28 (a) Surrender of charter.--Any cyber school that on the
29 effective date of this article has a charter to operate as a
30 charter school pursuant to the Charter School Law shall
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1 surrender that charter at the end of the then-current school
2 year. In lieu of its surrendered charter, the cyber school shall
3 receive from the secretary a license under this article without
4 the necessity of submitting an application pursuant to section
5 1705-C. Before issuing a license under this subsection, the
6 secretary shall investigate any complaints that a cyber school
7 is not providing the services provided for in its charter and
8 take proper action to begin procedures for the revocation of the
9 school's license if a finding is made that the cyber school has
10 violated its charter.
11 (b) Term of license.--A license issued by the secretary in
12 accordance with this subsection, shall be valid for the
13 remainder of the term of the surrendered charter and may be
14 renewed in accordance with this article. During the term of any
15 license issued in accordance with this subsection, the cyber
16 school shall adhere to the conditions, standards or procedures
17 contained in the surrendered charter and to the provisions of
18 this article and to the regulations promulgated under this
19 article.
20 (b) (C) Prohibition.--Beginning on the effective date of <--
21 this article, no charter to operate as a charter school shall be
22 approved, granted, signed, renewed or otherwise issued for a
23 cyber school pursuant to the Charter School Law.
24 Section 2. This act shall take effect July 1, 2002, or
25 immediately, whichever is later.
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