PRIOR PRINTER'S NO. 3670 PRINTER'S NO. 3934
No. 2479 Session of 2008
INTRODUCED BY HARKINS, ROEBUCK, McCALL, GRUCELA, WALKO, K. SMITH, SAYLOR, McILVAINE SMITH, MYERS, MANN, KULA, JOSEPHS, HERSHEY, HARHAI, BISHOP, BRENNAN, BUXTON, CALTAGIRONE, DALLY, FRANKEL, MELIO, GODSHALL, BARRAR AND SIPTROTH, MAY 2, 2008
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 11, 2008
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," further providing PROVIDING FOR THE <-- 6 DEFINITIONS OF "CYBER CHARTER SCHOOL FUND BALANCE LIMIT," 7 "CYBER EDUCATION REAL COST LEVEL," "CYBER SPECIAL EDUCATION 8 REAL COST LEVEL," "EMPLOYMENT COST INDEX" AND "STATEWIDE 9 AVERAGE WEEKLY WAGE"; AND FURTHER PROVIDING FOR SCHOOL STAFF, 10 FOR FUNDING FOR CHARTER SCHOOLS, FOR CAUSES FOR NONRENEWAL OR 11 TERMINATION, FOR POWERS AND DUTIES OF DEPARTMENT, FOR 12 ASSESSMENT AND EVALUATION, FOR CYBER CHARTER SCHOOL 13 REQUIREMENTS AND PROHIBITIONS, FOR SCHOOL DISTRICT AND 14 INTERMEDIATE UNIT RESPONSIBILITIES, FOR CYBER CHARTER SCHOOL 15 APPLICATION, FOR ENROLLMENT AND NOTIFICATION, FOR 16 APPLICABILITY AND for State reimbursements for charter and 17 cyber charter schools. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Section 2591.1 of the act of March 10, 1949 <-- 21 (P.L.30, No.14), known as the Public School Code of 1949, 22 amended December 23, 2003 (P.L.304, No.48) and July 20, 2007 23 (P.L.278, No.45), is amended to read:
1 SECTION 1. SECTION 1703-A OF THE ACT OF MARCH 10, 1949 <-- 2 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS 3 AMENDED BY ADDING DEFINITIONS TO READ: 4 SECTION 1703-A. DEFINITIONS.--AS USED IN THIS ARTICLE, 5 * * * 6 "CYBER CHARTER SCHOOL FUND BALANCE LIMIT" SHALL MEAN THE 7 AMOUNT DETERMINED UNDER SECTION 1725-A. 8 "CYBER EDUCATION REAL COST LEVEL" SHALL MEAN THE AMOUNT 9 ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1725-A. 10 "CYBER SPECIAL EDUCATION REAL COST LEVEL" SHALL MEAN THE 11 AMOUNT ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1725-A. 12 * * * 13 "EMPLOYMENT COST INDEX" SHALL HAVE THE SAME MEANING AS GIVEN 14 TO IT IN SECTION 302 OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS., 15 P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT. 16 * * * 17 "STATEWIDE AVERAGE WEEKLY WAGE" SHALL HAVE THE SAME MEANING 18 AS GIVEN TO IT IN SECTION 302 OF THE ACT OF JUNE 27, 2006 (1ST 19 SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT. 20 SECTION 2. SECTION 1724-A(G) AND (I) OF THE ACT, ADDED JUNE 21 19, 1997 (P.L.225, NO.22), ARE AMENDED TO READ: 22 SECTION 1724-A. SCHOOL STAFF.--* * * 23 (G) [PROFESSIONAL] EXCEPT AS PROVIDED UNDER SECTION 1743- 24 A(K), PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL TEACHING OR 25 ADMINISTRATIVE CERTIFICATE MAY, AT THEIR OPTION, HAVE THE TIME 26 COMPLETED IN SATISFACTORY SERVICE IN A CHARTER SCHOOL APPLIED TO 27 THE LENGTH OF SERVICE REQUIREMENTS FOR THE NEXT LEVEL OF 28 CERTIFICATION. 29 * * * 30 (I) ALL INDIVIDUALS WHO SHALL HAVE DIRECT CONTACT WITH 20080H2479B3934 - 2 -
1 STUDENTS OR CONTACT THROUGH ELECTRONIC MEANS VIA THE INTERNET OR 2 E-MAIL WITH STUDENTS SHALL BE REQUIRED TO SUBMIT A REPORT OF 3 CRIMINAL HISTORY RECORD INFORMATION AS PROVIDED FOR IN SECTION 4 111 PRIOR TO ACCEPTING A POSITION WITH THE CHARTER SCHOOL. THIS 5 SUBSECTION SHALL ALSO APPLY TO ANY INDIVIDUAL WHO VOLUNTEERS TO 6 WORK ON A FULL-TIME OR PART-TIME BASIS AT THE CHARTER SCHOOL. 7 * * * 8 SECTION 3. SECTION 1725-A(A) OF THE ACT, AMENDED JUNE 29, 9 2002 (P.L.524, NO.88), IS AMENDED TO READ: 10 SECTION 1725-A. FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING 11 FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER: 12 (1) THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT OR 13 NONRESIDENT STUDENT ATTENDING A CHARTER SCHOOL. 14 (1.1) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 15 THEREAFTER, THE DEPARTMENT SHALL ESTABLISH A CYBER EDUCATION 16 REAL COST LEVEL AND A CYBER SPECIAL EDUCATION REAL COST LEVEL AS 17 FOLLOWS: 18 (I) THE DEPARTMENT SHALL ESTABLISH THE CYBER EDUCATION REAL 19 COST LEVEL FOR THE 2008-2009 SCHOOL YEAR BY DETERMINING THE 20 LOWEST 2006-2007 TOTAL EXPENDITURES PER AVERAGE DAILY 21 MEMBERSHIP, AFTER HAVING SUBTRACTED ALL EXPENDITURES FOR SPECIAL 22 EDUCATION, OF ALL CYBER CHARTER SCHOOLS THAT ACHIEVED ADEQUATE 23 YEARLY PROGRESS IN THE 2006-2007 SCHOOL YEAR. THE AMOUNT SHALL 24 BE CERTIFIED BY THE DEPARTMENT AND ADJUSTED ANNUALLY BY THE 25 PERCENTAGE INCREASE IN THE AVERAGE OF THE STATEWIDE AVERAGE 26 WEEKLY WAGE AND THE EMPLOYMENT COST INDEX. 27 (II) THE DEPARTMENT SHALL ESTABLISH THE CYBER SPECIAL 28 EDUCATION REAL COST LEVEL FOR THE 2008-2009 SCHOOL YEAR BY 29 CALCULATING THE SUM OF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH 30 (I) AND THE LOWEST 2006-2007 EXPENDITURES FOR SPECIAL EDUCATION 20080H2479B3934 - 3 -
1 PER SPECIAL EDUCATION STUDENT OF ALL CYBER CHARTER SCHOOLS THAT 2 ACHIEVED ADEQUATE YEARLY PROGRESS IN THE 2006-2007 SCHOOL YEAR. 3 THE AMOUNT SHALL BE CERTIFIED BY THE DEPARTMENT AND ADJUSTED 4 ANNUALLY BY THE PERCENTAGE INCREASE IN THE AVERAGE OF THE 5 STATEWIDE AVERAGE WEEKLY WAGE AND THE EMPLOYMENT COST INDEX. 6 (2) (I) FOR NON-SPECIAL EDUCATION STUDENTS ENROLLED IN A 7 CHARTER SCHOOL THAT IS NOT A CYBER CHARTER SCHOOL, THE CHARTER 8 SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED NO LESS THAN THE 9 BUDGETED TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP OF THE 10 PRIOR SCHOOL YEAR, AS DEFINED IN SECTION 2501(20), MINUS THE 11 BUDGETED EXPENDITURES OF THE DISTRICT OF RESIDENCE FOR NONPUBLIC 12 SCHOOL PROGRAMS; ADULT EDUCATION PROGRAMS; COMMUNITY/JUNIOR 13 COLLEGE PROGRAMS; STUDENT TRANSPORTATION SERVICES; FOR SPECIAL 14 EDUCATION PROGRAMS; FACILITIES ACQUISITION, CONSTRUCTION AND 15 IMPROVEMENT SERVICES; AND OTHER FINANCING USES, INCLUDING DEBT 16 SERVICE AND FUND TRANSFERS AS PROVIDED IN THE MANUAL OF 17 ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR PENNSYLVANIA 18 SCHOOL SYSTEMS ESTABLISHED BY THE DEPARTMENT. THIS AMOUNT SHALL 19 BE PAID BY THE DISTRICT OF RESIDENCE OF EACH STUDENT. 20 (II) (A) IN THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 21 THEREAFTER, FOR NON-SPECIAL EDUCATION STUDENTS ENROLLED IN A 22 CYBER CHARTER SCHOOL, THE CYBER CHARTER SCHOOL SHALL RECEIVE FOR 23 EACH STUDENT ENROLLED THE LESSER OF: 24 (I) AN AMOUNT EQUAL TO THE CYBER EDUCATION REAL COST LEVEL. 25 (II) THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I). 26 (B) THE AMOUNT UNDER THIS SUBPARAGRAPH SHALL BE PAID BY THE 27 DISTRICT OF RESIDENCE OF EACH STUDENT. 28 (3) (I) FOR SPECIAL EDUCATION STUDENTS ENROLLED IN A 29 CHARTER SCHOOL THAT IS NOT A CYBER CHARTER SCHOOL, THE CHARTER 30 SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED THE SAME FUNDING 20080H2479B3934 - 4 -
1 AS FOR EACH NON-SPECIAL EDUCATION STUDENT AS PROVIDED IN CLAUSE 2 (2), PLUS AN ADDITIONAL AMOUNT DETERMINED BY DIVIDING THE 3 DISTRICT OF RESIDENCE'S TOTAL SPECIAL EDUCATION EXPENDITURE BY 4 THE PRODUCT OF MULTIPLYING THE COMBINED PERCENTAGE OF SECTION 5 2509.5(K) TIMES THE DISTRICT OF RESIDENCE'S TOTAL AVERAGE DAILY 6 MEMBERSHIP FOR THE PRIOR SCHOOL YEAR. THIS AMOUNT SHALL BE PAID 7 BY THE DISTRICT OF RESIDENCE OF EACH STUDENT. 8 (II) (A) IN THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 9 THEREAFTER, FOR SPECIAL EDUCATION STUDENTS ENROLLED IN A CYBER 10 CHARTER SCHOOL, THE CYBER CHARTER SCHOOL SHALL RECEIVE FOR EACH 11 STUDENT ENROLLED THE LESSER OF: 12 (I) AN AMOUNT EQUAL TO THE COST OF THE CYBER SPECIAL 13 EDUCATION REAL COST LEVEL. 14 (II) THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I). 15 (B) THE AMOUNT UNDER THIS SUBPARAGRAPH SHALL BE PAID BY THE 16 DISTRICT OF RESIDENCE OF EACH STUDENT. 17 (4) A CHARTER SCHOOL MAY REQUEST THE INTERMEDIATE UNIT IN 18 WHICH THE CHARTER SCHOOL IS LOCATED TO PROVIDE SERVICES TO 19 ASSIST THE CHARTER SCHOOL TO ADDRESS THE SPECIFIC NEEDS OF 20 EXCEPTIONAL STUDENTS. THE INTERMEDIATE UNIT SHALL ASSIST THE 21 CHARTER SCHOOL AND BILL THE CHARTER SCHOOL FOR THE SERVICES. THE 22 INTERMEDIATE UNIT MAY NOT CHARGE THE CHARTER SCHOOL MORE FOR ANY 23 SERVICE THAN IT CHARGES THE CONSTITUENT DISTRICTS OF THE 24 INTERMEDIATE UNIT. 25 (5) PAYMENTS SHALL BE MADE TO THE CHARTER SCHOOL IN TWELVE 26 (12) EQUAL MONTHLY PAYMENTS, BY THE FIFTH DAY OF EACH MONTH, 27 WITHIN THE OPERATING SCHOOL YEAR. A STUDENT ENROLLED IN A 28 CHARTER SCHOOL SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP 29 OF THE STUDENT'S DISTRICT OF RESIDENCE FOR THE PURPOSE OF 30 PROVIDING BASIC EDUCATION FUNDING PAYMENTS AND SPECIAL EDUCATION 20080H2479B3934 - 5 -
1 FUNDING PURSUANT TO ARTICLE XXV. IF A SCHOOL DISTRICT FAILS TO 2 MAKE A PAYMENT TO A CHARTER SCHOOL AS PRESCRIBED IN THIS CLAUSE, 3 THE SECRETARY SHALL DEDUCT THE ESTIMATED AMOUNT, AS DOCUMENTED 4 BY THE CHARTER SCHOOL, FROM ANY AND ALL STATE PAYMENTS MADE TO 5 THE DISTRICT AFTER RECEIPT OF DOCUMENTATION FROM THE CHARTER 6 SCHOOL. IN THE CASE OF PAYMENT OWED TO A CYBER CHARTER SCHOOL, A 7 PENALTY OF THREE PER CENTUM SHALL BE ADDED TO THE AMOUNT AND 8 FORWARDED TO THE CYBER CHARTER SCHOOL. 9 (6) WITHIN THIRTY (30) DAYS AFTER THE SECRETARY MAKES THE 10 DEDUCTION DESCRIBED IN CLAUSE (5), A SCHOOL DISTRICT MAY NOTIFY 11 THE SECRETARY THAT THE DEDUCTION MADE FROM STATE PAYMENTS TO THE 12 DISTRICT UNDER THIS SUBSECTION IS INACCURATE. THE SECRETARY 13 SHALL PROVIDE THE SCHOOL DISTRICT WITH AN OPPORTUNITY TO BE 14 HEARD CONCERNING WHETHER THE CHARTER SCHOOL DOCUMENTED THAT ITS 15 STUDENTS WERE ENROLLED IN THE CHARTER SCHOOL, THE PERIOD OF TIME 16 DURING WHICH EACH STUDENT WAS ENROLLED, THE SCHOOL DISTRICT OF 17 RESIDENCE OF EACH STUDENT AND WHETHER THE AMOUNTS DEDUCTED FROM 18 THE SCHOOL DISTRICT WERE ACCURATE. THE SECRETARY SHALL RESCIND 19 ANY PENALTY PAID TO A CYBER CHARTER SCHOOL UNDER CLAUSE (5) ON 20 BEHALF OF A STUDENT FOR WHOM BILLING WAS INACCURATE AS 21 DETERMINED UNDER THIS CLAUSE. 22 (7) (I) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 23 THEREAFTER, NO CYBER CHARTER SCHOOL SHALL ACCUMULATE AN 24 UNRESERVED, UNDESIGNATED FUND BALANCE GREATER THAN THE CYBER 25 CHARTER FUND BALANCE LIMIT, WHICH SHALL BE DETERMINED AS 26 FOLLOWS: 27 CYBER CHARTER SCHOOL TOTAL MAXIMUM UNRESERVED, 28 BUDGETED EXPENDITURES UNDESIGNATED FUND 29 BALANCE AS PERCENTAGE 30 OF TOTAL BUDGETED 20080H2479B3934 - 6 -
1 EXPENDITURES 2 LESS THAN OR EQUAL TO $11,999,999 12% 3 BETWEEN $12,000,000 AND $12,999,999 11.5% 4 BETWEEN $13,000,000 AND $13,999,999 11% 5 BETWEEN $14,000,000 AND $14,999,999 10.5% 6 BETWEEN $15,000,000 AND $15,999,999 10% 7 BETWEEN $16,000,000 AND $16,999,999 9.5% 8 BETWEEN $17,000,000 AND $17,999,999 9% 9 BETWEEN $18,000,000 AND $18,999,999 8.5% 10 GREATER THAN OR EQUAL TO $19,000,000 8% 11 (II) ANY UNRESERVED, UNDESIGNATED FUND BALANCE IN PLACE ON 12 JUNE 30, 2008, THAT EXCEEDS THE CYBER CHARTER FUND BALANCE LIMIT 13 SHALL BE DISTRIBUTED BY THE CYBER CHARTER SCHOOL AS FOLLOWS: 14 (A) THE CYBER CHARTER SCHOOL MAY EXPEND UP TO FORTY PER 15 CENTUM OF THE FUND BALANCE IN EXCESS OF THE LIMIT, BUT NO MORE 16 THAN $1,000,000, ON PROFESSIONAL DEVELOPMENT, STUDENT SUPPLIES, 17 TECHNOLOGY, INSTRUCTIONAL ACTIVITIES DIRECTLY AFFECTING STUDENT 18 PERFORMANCE, TO PROVIDE A DISCOUNT TO THE CYBER EDUCATION REAL 19 COST LEVEL AND CYBER SPECIAL EDUCATION REAL COST LEVEL TO ALL 20 SCHOOL DISTRICTS ON BEHALF OF ENROLLED STUDENTS OR OTHER 21 ACTIVITIES AS APPROVED BY THE SECRETARY UPON APPLICATION BY THE 22 CYBER CHARTER SCHOOL. THE FUNDS MAY NOT BE USED TO PAY BONUSES 23 TO ANY EMPLOYE OR CONTRACTOR. 24 (B) THE REMAINDER SHALL BE REFUNDED ON A PRO RATA BASIS 25 WITHIN NINETY (90) DAYS TO ALL SCHOOL DISTRICTS THAT PAID 26 TUITION TO THE CYBER CHARTER SCHOOL ON BEHALF OF STUDENTS 27 ENROLLED IN THE 2006-2007 AND 2007-2008 SCHOOL YEARS. 28 (III) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR 29 THEREAFTER, ANY UNRESERVED, UNDESIGNATED FUND BALANCE IN EXCESS 30 OF THE CYBER CHARTER FUND BALANCE LIMIT SHALL BE REFUNDED ON A 20080H2479B3934 - 7 -
1 PRO RATA BASIS TO ALL SCHOOL DISTRICTS THAT PAID TUITION TO THE 2 CYBER CHARTER SCHOOL IN THE PRIOR SCHOOL YEAR. 3 (8) EXCEPT IN THE CASE OF ANY STUDENT ENROLLED IN A CYBER 4 CHARTER SCHOOL ON THE EFFECTIVE DATE OF THIS SECTION, A SCHOOL 5 DISTRICT SHALL NOT BE REQUIRED TO PROVIDE PER PUPIL FUNDING TO 6 CYBER CHARTER SCHOOLS FOR A STUDENT WHO DOES NOT MEET THE 7 MINIMUM REQUIREMENT FOR THE AGE OF KINDERGARTEN OR BEGINNER 8 ESTABLISHED BY THE BOARD OF SCHOOL DIRECTORS IN THE STUDENT'S 9 SCHOOL DISTRICT OF RESIDENCE. THE TERM "BEGINNERS," AS USED IN 10 THIS CLAUSE, SHALL MEAN ANY CHILD THAT SHOULD ENTER THE LOWEST 11 GRADE OF THE PRIMARY SCHOOL OR THE LOWEST PRIMARY CLASS ABOVE 12 THE KINDERGARTEN LEVEL. 13 (9) IF A STUDENT'S SCHOOL DISTRICT OF RESIDENCE DOES NOT 14 OFFER FULL-DAY KINDERGARTEN, THE SCHOOL DISTRICT OF RESIDENCE 15 SHALL ONLY BE REQUIRED TO PAY A CYBER CHARTER SCHOOL ONE-HALF OF 16 THE AMOUNT CALCULATED UNDER CLAUSE (2)(II) OR (3)(II) FOR ANY 17 STUDENT WHO IS ENROLLED IN KINDERGARTEN IN A CYBER CHARTER 18 SCHOOL. 19 * * * 20 SECTION 4. SECTION 1729-A(J) OF THE ACT, ADDED JUNE 19, 1997 21 (P.L.225, NO.22), IS AMENDED TO READ: 22 SECTION 1729-A. CAUSES FOR NONRENEWAL OR TERMINATION.--* * * 23 (J) WHEN A CHARTER IS REVOKED OR IS NOT RENEWED, A STUDENT 24 WHO ATTENDED THE CHARTER SCHOOL SHALL APPLY TO ANOTHER PUBLIC 25 SCHOOL IN THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE. NORMAL 26 APPLICATION DEADLINES WILL BE DISREGARDED UNDER THESE 27 CIRCUMSTANCES. ALL STUDENT RECORDS MAINTAINED BY THE CHARTER 28 SCHOOL SHALL BE FORWARDED TO THE STUDENT'S DISTRICT OF RESIDENCE 29 WITHIN TEN (10) DAYS OF THE REVOCATION OR NONRENEWAL OF THE 30 CHARTER. 20080H2479B3934 - 8 -
1 SECTION 5. SECTION 1741-A(A) OF THE ACT IS AMENDED BY ADDING 2 A CLAUSE TO READ: 3 SECTION 1741-A. POWERS AND DUTIES OF DEPARTMENT. 4 (A) POWERS AND DUTIES.--THE DEPARTMENT SHALL: 5 * * * 6 (6) PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ACT OF 7 JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE "REGULATORY 8 REVIEW ACT," THAT PROVIDE ALL OF THE FOLLOWING WITH REGARD TO 9 CYBER CHARTER SCHOOLS: 10 (I) THE MINIMUM NUMBER OF HOURS THAT STUDENTS MUST 11 BE ONLINE AND OFFLINE ENGAGED IN EDUCATIONAL ACTIVITIES 12 IN ORDER TO MEET THE ATTENDANCE REQUIREMENTS OF 22 PA. 13 CODE CH. 11 (RELATING TO STUDENT ATTENDANCE). 14 (II) THE REQUIREMENTS THAT EACH CYBER CHARTER SCHOOL 15 MUST MEET TO BE ABLE TO DEMONSTRATE IN ITS ANNUAL REPORT 16 TO THE DEPARTMENT DUE BY AUGUST 1 OF EACH YEAR UNDER 17 SECTION 1743-A(F) THAT THE MINIMUM NUMBER OF ONLINE AND 18 OFFLINE HOURS HAVE BEEN ATTAINED BY EACH STUDENT. 19 * * * 20 SECTION 6. SECTION 1742-A OF THE ACT, ADDED JUNE 29, 2002 21 (P.L.524, NO.88), IS AMENDED TO READ: 22 SECTION 1742-A. ASSESSMENT AND EVALUATION. 23 THE DEPARTMENT SHALL: 24 (1) [ANNUALLY] NO LATER THAN OCTOBER 1 OF EACH YEAR, 25 ASSESS WHETHER EACH CYBER CHARTER SCHOOL IS MEETING THE GOALS 26 OF ITS CHARTER AND IS IN COMPLIANCE WITH THE PROVISIONS OF 27 THE CHARTER AND CONDUCT A COMPREHENSIVE REVIEW PRIOR TO 28 GRANTING A FIVE-YEAR RENEWAL OF THE CHARTER. THE DEPARTMENT 29 SHALL PROVIDE EACH CYBER CHARTER SCHOOL WITH THE RESULTS OF 30 THAT SCHOOL'S ANNUAL ASSESSMENT IN THE FORM OF A WRITTEN 20080H2479B3934 - 9 -
1 REPORT TO BE SUBMITTED BOTH THROUGH UNITED STATES MAIL AND 2 ELECTRONICALLY BY NO LATER THAN NOVEMBER 1 OF EACH YEAR. THE 3 REPORT SHALL BE POSTED ON THE DEPARTMENT'S INTERNET WEBSITE 4 FOR NO LESS THAN A FIVE-YEAR PERIOD OR UNTIL THE EXPIRATION 5 OF THE CYBER CHARTER SCHOOL'S CURRENT CHARTER, WHICHEVER 6 OCCURS FIRST. 7 (2) ANNUALLY REVIEW EACH CYBER CHARTER SCHOOL'S 8 PERFORMANCE ON THE PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT 9 TEST, STANDARDIZED TESTS AND OTHER PERFORMANCE INDICATORS TO 10 ENSURE COMPLIANCE WITH 22 PA. CODE CH. 4 (RELATING TO 11 ACADEMIC STANDARDS AND ASSESSMENT) OR SUBSEQUENT REGULATIONS 12 PROMULGATED TO REPLACE 22 PA. CODE CH. 4. 13 (3) HAVE ONGOING ACCESS TO ALL RECORDS, INSTRUCTIONAL 14 MATERIALS AND STUDENT AND STAFF RECORDS OF EACH CYBER CHARTER 15 SCHOOL AND TO EVERY CYBER CHARTER SCHOOL FACILITY TO ENSURE 16 THE CYBER CHARTER SCHOOL IS IN COMPLIANCE WITH ITS CHARTER 17 AND THIS SUBDIVISION. 18 SECTION 7. SECTION 1743-A(B), (C) AND (E) OF THE ACT, ADDED 19 JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED AND THE SECTION IS 20 AMENDED BY ADDING SUBSECTIONS TO READ: 21 SECTION 1743-A. CYBER CHARTER SCHOOL REQUIREMENTS AND 22 PROHIBITIONS. 23 * * * 24 (B) ENROLLMENT.--A CYBER CHARTER SCHOOL SHALL [REPORT TO THE 25 DEPARTMENT AN INCREASE OR A DECREASE OF 30% OR MORE IN ITS 26 ANTICIPATED ENROLLMENT] REQUEST APPROVAL FROM THE DEPARTMENT IN 27 ORDER TO INCREASE ITS ENROLLMENT BEYOND THAT SET FORTH IN THE 28 APPLICATION UNDER SECTION 1747-A(11). 29 (C) [SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL] DEPARTMENT.-- 30 THE DEPARTMENT SHALL MAKE AVAILABLE UPON REQUEST, EITHER IN 20080H2479B3934 - 10 -
1 WRITING OR ELECTRONICALLY, [TO EACH STUDENT'S SCHOOL DISTRICT OF 2 RESIDENCE] THE FOLLOWING: 3 (1) A COPY OF THE CHARTER. 4 (2) A COPY OF THE CYBER CHARTER SCHOOL APPLICATION. 5 (3) A COPY OF ALL ANNUAL REPORTS PREPARED BY THE CYBER 6 CHARTER SCHOOL. 7 [(4) A LIST OF ALL STUDENTS FROM THAT SCHOOL DISTRICT 8 ENROLLED IN THE CYBER CHARTER SCHOOL.] 9 (C.1) SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL SHALL MAKE 10 AVAILABLE UPON REQUEST, EITHER IN WRITING OR ELECTRONICALLY, TO 11 EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE A LIST OF ALL 12 STUDENTS FROM THAT SCHOOL DISTRICT ENROLLED IN THE CYBER CHARTER 13 SCHOOL. 14 * * * 15 (E) STUDENTS.--FOR EACH STUDENT ENROLLED, A CYBER CHARTER 16 SCHOOL SHALL: 17 (1) PROVIDE ALL INSTRUCTIONAL MATERIALS; 18 (2) PROVIDE ALL EQUIPMENT, INCLUDING, BUT NOT LIMITED 19 TO, A COMPUTER, COMPUTER MONITOR AND PRINTER; AND 20 (3) PROVIDE OR REIMBURSE FOR ALL TECHNOLOGY AND SERVICES 21 NECESSARY FOR THE ON-LINE DELIVERY OF THE CURRICULUM AND 22 INSTRUCTION. 23 THE COMMONWEALTH SHALL NOT BE LIABLE FOR ANY REIMBURSEMENT OWED 24 TO STUDENTS, PARENTS OR GUARDIANS BY A CYBER CHARTER SCHOOL 25 UNDER PARAGRAPH (3). ALL COMPUTERS, SOFTWARE AND INTERNET 26 CONNECTIONS PURCHASED BY THE CYBER CHARTER SCHOOL SHALL BE THE 27 PROPERTY OF THE CYBER CHARTER SCHOOL. IF A STUDENT DISCONTINUES 28 ENROLLMENT IN A CYBER CHARTER SCHOOL, THE STUDENT MUST RETURN 29 THE SCHOOL'S PROPERTY IN USABLE CONDITION OR PAY A CIVIL PENALTY 30 IN THE FORM OF FAIR MARKET VALUE FOR THE PROPERTY. 20080H2479B3934 - 11 -
1 * * * 2 (J) BOARD OF TRUSTEES.--A MEMBER OF THE BOARD OF TRUSTEES 3 SHALL BE CONSIDERED A PUBLIC OFFICIAL UNDER THE ACT OF OCTOBER 4 4, 1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL 5 AND EMPLOYEE ETHICS LAW. NO MEMBER OF THE BOARD OF TRUSTEES MAY 6 DO BUSINESS WITH THE SCHOOL OR THE MANAGEMENT OF THE SCHOOL NOR 7 MAY A PERSON AFFILIATED WITH THE MANAGEMENT OF THE SCHOOL SIT ON 8 THE BOARD OF TRUSTEES. 9 (K) EMPLOYES.--PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL 10 TEACHING OR ADMINISTRATIVE CERTIFICATE MAY PETITION THE 11 DEPARTMENT TO HAVE THE TIME COMPLETED IN SATISFACTORY SERVICE IN 12 A CYBER CHARTER SCHOOL APPLIED TO THE LENGTH OF SERVICE 13 REQUIREMENTS FOR THE NEXT LEVEL OF CERTIFICATION. THE DEPARTMENT 14 SHALL ESTABLISH GUIDELINES GOVERNING ACCEPTABLE CRITERIA FOR 15 APPROVAL OF A PETITION UNDER THIS SUBSECTION. 16 (L) OUT-OF-STATE STUDENTS.--A CYBER CHARTER SCHOOL MAY NOT 17 EXPEND ANY FUNDS, INCLUDING FUNDS PROVIDED BY THE COMMONWEALTH 18 OR BY A SCHOOL DISTRICT, ON THE EDUCATION OF ANY STUDENT WHO IS 19 NOT A RESIDENT OF A PENNSYLVANIA SCHOOL DISTRICT. 20 SECTION 8. SECTIONS 1744-A AND 1747-A(11) OF THE ACT, ADDED 21 JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED TO READ: 22 SECTION 1744-A. SCHOOL DISTRICT AND INTERMEDIATE UNIT 23 RESPONSIBILITIES. 24 AN INTERMEDIATE UNIT OR A SCHOOL DISTRICT IN WHICH A STUDENT 25 ENROLLED IN A CYBER CHARTER SCHOOL RESIDES SHALL DO ALL OF THE 26 FOLLOWING: 27 (1) PROVIDE THE CYBER CHARTER SCHOOL WITHIN TEN DAYS OF 28 RECEIPT OF THE NOTICE OF THE ADMISSION OF THE STUDENT UNDER 29 SECTION 1748-A(A) WITH ALL RECORDS RELATING TO THE STUDENT, 30 INCLUDING TRANSCRIPTS, TEST SCORES AND A COPY OF ANY 20080H2479B3934 - 12 -
1 INDIVIDUALIZED EDUCATION PROGRAM FOR THAT STUDENT. 2 (2) PROVIDE THE CYBER CHARTER SCHOOL WITH REASONABLE 3 ACCESS TO ITS FACILITIES FOR THE ADMINISTRATION OF 4 STANDARDIZED TESTS REQUIRED UNDER THIS SUBDIVISION. 5 (3) UPON REQUEST AND SUBJECT TO AGREEMENT BETWEEN A 6 CYBER CHARTER SCHOOL AND AN INTERMEDIATE UNIT OR SCHOOL 7 DISTRICT, PROVIDE ASSISTANCE TO THE CYBER CHARTER SCHOOL IN 8 THE DELIVERY OF SERVICES TO A STUDENT WITH DISABILITIES. THE 9 SCHOOL DISTRICT OR INTERMEDIATE UNIT SHALL NOT CHARGE THE 10 CYBER CHARTER SCHOOL MORE FOR A SERVICE THAN IT CHARGES A 11 SCHOOL DISTRICT. 12 (4) MAKE PAYMENTS TO THE CYBER CHARTER SCHOOL UNDER 13 SECTION 1725-A. 14 SECTION 1747-A. CYBER CHARTER SCHOOL APPLICATION. 15 IN ADDITION TO THE PROVISIONS OF SECTION 1719-A, AN 16 APPLICATION TO ESTABLISH A CYBER CHARTER SCHOOL SHALL ALSO 17 INCLUDE THE FOLLOWING: 18 * * * 19 (11) THE MAXIMUM LEVEL OF [ANTICIPATED] ENROLLMENT 20 DURING EACH SCHOOL YEAR OF THE PROPOSED CHARTER, INCLUDING 21 EXPECTED INCREASES DUE TO THE ADDITION OF GRADE LEVELS. 22 * * * 23 SECTION 9. SECTION 1748-A(A) OF THE ACT, ADDED JUNE 29, 2002 24 (P.L.524, NO.88), IS AMENDED AND THE SECTION IS AMENDED BY 25 ADDING A SUBSECTION TO READ: 26 SECTION 1748-A. ENROLLMENT AND NOTIFICATION. 27 (A) NOTICE TO SCHOOL DISTRICT.-- 28 (1) WITHIN [15] TEN DAYS OF THE ENROLLMENT OF A STUDENT 29 TO A CYBER CHARTER SCHOOL, THE PARENT OR GUARDIAN AND THE 30 CYBER CHARTER SCHOOL SHALL NOTIFY THE STUDENT'S SCHOOL 20080H2479B3934 - 13 -
1 DISTRICT OF RESIDENCE OF THE ENROLLMENT THROUGH THE USE OF
2 THE NOTIFICATION FORM UNDER SUBSECTION (B).
3 (2) IF A SCHOOL DISTRICT WHICH HAS RECEIVED NOTICE UNDER
4 PARAGRAPH (1) DETERMINES THAT A STUDENT IS NOT A RESIDENT OF
5 THE SCHOOL DISTRICT, THE FOLLOWING APPLY:
6 (I) WITHIN [SEVEN] 20 DAYS OF RECEIPT OF THE NOTICE
7 UNDER PARAGRAPH (1), THE SCHOOL DISTRICT SHALL NOTIFY THE
8 CYBER CHARTER SCHOOL AND THE DEPARTMENT THAT THE STUDENT
9 IS NOT A RESIDENT OF THE SCHOOL DISTRICT. NOTIFICATION OF
10 NONRESIDENCE SHALL INCLUDE THE BASIS FOR THE
11 DETERMINATION.
12 (II) WITHIN SEVEN DAYS OF NOTIFICATION UNDER
13 SUBPARAGRAPH (I), THE CYBER CHARTER SCHOOL SHALL REVIEW
14 THE NOTIFICATION OF NONRESIDENCE, RESPOND TO THE SCHOOL
15 DISTRICT AND PROVIDE A COPY OF THE RESPONSE TO THE
16 DEPARTMENT. IF THE CYBER CHARTER SCHOOL AGREES THAT A
17 STUDENT IS NOT A RESIDENT OF THE SCHOOL DISTRICT, IT
18 SHALL DETERMINE THE PROPER DISTRICT OF RESIDENCE OF THE
19 STUDENT BEFORE REQUESTING FUNDS FROM ANOTHER SCHOOL
20 DISTRICT.
21 (III) WITHIN SEVEN DAYS OF RECEIPT OF THE RESPONSE
22 UNDER SUBPARAGRAPH (II), THE SCHOOL DISTRICT SHALL NOTIFY
23 THE CYBER CHARTER SCHOOL THAT IT AGREES WITH THE CYBER
24 CHARTER SCHOOL'S DETERMINATION OR DOES NOT AGREE WITH THE
25 CYBER CHARTER SCHOOL'S DETERMINATION.
26 (IV) A SCHOOL DISTRICT THAT HAS NOTIFIED THE CYBER
27 CHARTER SCHOOL THAT IT DOES NOT AGREE WITH THE CYBER
28 CHARTER SCHOOL'S DETERMINATION UNDER SUBPARAGRAPH (III)
29 SHALL APPEAL TO THE DEPARTMENT FOR A FINAL DETERMINATION.
30 (V) ALL DECISIONS OF THE DEPARTMENT REGARDING THE
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1 SCHOOL DISTRICT OF RESIDENCE OF A STUDENT SHALL BE 2 SUBJECT TO REVIEW BY THE COMMONWEALTH COURT. 3 (VI) A SCHOOL DISTRICT SHALL CONTINUE TO MAKE 4 PAYMENTS TO A CYBER CHARTER SCHOOL UNDER SECTION 1725-A 5 DURING THE TIME IN WHICH THE SCHOOL DISTRICT OF RESIDENCE 6 OF A STUDENT IS IN DISPUTE. 7 (VII) IF A FINAL DETERMINATION IS MADE THAT A 8 STUDENT IS NOT A RESIDENT OF AN APPEALING SCHOOL 9 DISTRICT, THE CYBER CHARTER SCHOOL SHALL RETURN ALL FUNDS 10 PROVIDED ON BEHALF OF THAT STUDENT TO THE SCHOOL DISTRICT 11 WITHIN 30 DAYS. 12 * * * 13 (D) TRUANCY.--IF A SCHOOL DISTRICT RECEIVES A NOTIFICATION 14 OF ENROLLMENT FORM, AS REQUIRED UNDER PARAGRAPH (A)(1), THAT A 15 RESIDENT STUDENT WHO IS A TRUANT FROM THE SCHOOL DISTRICT 16 SCHOOLS HAS ENROLLED IN A CYBER CHARTER SCHOOL, THE SCHOOL 17 DISTRICT SHALL NOTIFY THE CYBER CHARTER SCHOOL IN WRITING ABOUT 18 THE STUDENT'S TRUANCY. THE FOLLOWING SHALL APPLY: 19 (1) UPON RECEIPT OF NOTICE BY THE RESIDENT SCHOOL 20 DISTRICT OF A STUDENT'S TRUANCY AT THE SCHOOL DISTRICT 21 SCHOOLS, THE CYBER CHARTER SCHOOL SHALL PROVIDE TO THE 22 STUDENT'S RESIDENT SCHOOL DISTRICT EVIDENCE DURING THE FIRST 23 THREE MONTHS THAT THE STUDENT IS ENROLLED IN THE CYBER 24 CHARTER SCHOOL, THAT THE STUDENT IS RECEIVING EDUCATIONAL 25 INSTRUCTION AND COMPLETING ASSIGNMENTS AS REQUIRED BY THE 26 CYBER CHARTER SCHOOL. THE EVIDENCE SHALL BE PROVIDED BY THE 27 CYBER CHARTER SCHOOL WHEN IT BILLS THE SCHOOL DISTRICT FOR 28 PAYMENT DURING THE FIRST THREE MONTHS OF THE STUDENT'S 29 ENROLLMENT. 30 (2) IF THE CYBER CHARTER SCHOOL FAILS TO COMPLY WITH THE 20080H2479B3934 - 15 -
1 REQUIREMENTS OF PARAGRAPH (1), THE STUDENT'S RESIDENT SCHOOL 2 DISTRICT SHALL NOT BE REQUIRED TO PAY THE CYBER CHARTER 3 SCHOOL FOR THAT STUDENT DURING THAT TIME. 4 (3) IF ANY STUDENT ENROLLED IN THE CYBER CHARTER SCHOOL 5 ACCRUES THREE OR MORE DAYS OF UNLAWFUL ABSENCES, THE CYBER 6 CHARTER SCHOOL HAS THE AUTHORITY TO AND SHALL BE RESPONSIBLE 7 FOR INSTITUTING TRUANCY PROCEEDINGS UNDER SECTION 1333. 8 SECTION 10. SECTION 1749-A(A) OF THE ACT, ADDED JUNE 29, 9 2002 (P.L.524, NO.88), IS AMENDED TO READ: 10 SECTION 1749-A. APPLICABILITY OF OTHER PROVISIONS OF THIS ACT 11 AND OF OTHER ACTS AND REGULATIONS. 12 (A) GENERAL REQUIREMENTS.--CYBER CHARTER SCHOOLS SHALL BE 13 SUBJECT TO THE FOLLOWING: 14 (1) SECTIONS 108, 110, 111, 321, 325, 326, 327, 431, 15 436, 443, 510, 518, 527, 609, 687(A), (B), (C), (D), (H) AND 16 (J), 708, 752, 753, [755,] 771, 776, 777, 807.1, 808, 809, 17 810, 1109, 1111, 1112(A), 1205.1, 1205.2, 1301, 1302, 1310, 18 1317.2, 1318, 1330, 1332, 1333, 1354, 1355, 1303-A, 1518, 19 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716- 20 A, 1719-A, 1721-A, 1722-A, 1723-A(A) AND (B), 1724-A, 1725-A, 21 1727-A, 1729-A, 1730-A, 1731-A(A)(1) AND (B) AND 2014-A AND 22 ARTICLES XII-A, XIII-A AND XIV. 23 (2) THE ACT OF JULY 17, 1961 (P.L.776, NO.341), KNOWN AS 24 THE PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT. 25 (3) THE ACT OF JULY 19, 1965 (P.L.215, NO.116), ENTITLED 26 "AN ACT PROVIDING FOR THE USE OF EYE PROTECTIVE DEVICES BY 27 PERSONS ENGAGED IN HAZARDOUS ACTIVITIES OR EXPOSED TO KNOWN 28 DANGERS IN SCHOOLS, COLLEGES AND UNIVERSITIES." 29 (4) SECTION 4 OF THE ACT OF JANUARY 25, 1966 (1965 30 P.L.1546, NO.541), ENTITLED "AN ACT PROVIDING SCHOLARSHIPS 20080H2479B3934 - 16 -
1 AND PROVIDING FUNDS TO SECURE FEDERAL FUNDS FOR QUALIFIED 2 STUDENTS OF THE COMMONWEALTH OF PENNSYLVANIA WHO NEED 3 FINANCIAL ASSISTANCE TO ATTEND POSTSECONDARY INSTITUTIONS OF 4 HIGHER LEARNING, MAKING AN APPROPRIATION, AND PROVIDING FOR 5 THE ADMINISTRATION OF THIS ACT." 6 (5) THE ACT OF JULY 12, 1972 (P.L.765, NO.181) ENTITLED 7 "AN ACT RELATING TO DRUGS AND ALCOHOL AND THEIR ABUSE, 8 PROVIDING FOR PROJECTS AND PROGRAMS AND GRANTS TO EDUCATIONAL 9 AGENCIES, OTHER PUBLIC OR PRIVATE AGENCIES, INSTITUTIONS OR 10 ORGANIZATIONS." 11 (6) THE ACT OF DECEMBER 15, 1986 (P.L.1595, NO.175), 12 KNOWN AS THE ANTIHAZING LAW. 13 * * * 14 SECTION 11. SECTION 2591.1 OF THE ACT, AMENDED DECEMBER 23, 15 2003 (P.L.304, NO.48) AND JULY 20, 2007 (P.L.278, NO.45), IS 16 AMENDED TO READ: 17 Section 2591.1. Commonwealth Reimbursements for Charter 18 Schools and Cyber Charter Schools.--(a) For the 2001-2002 19 school year, the Commonwealth shall pay to each school district 20 with resident students enrolled in a charter school, a charter 21 school approved under section 1717-A or 1718-A which provides 22 instruction through the Internet or other electronic means or a 23 cyber charter school as defined pursuant to Article XVII-A an 24 amount equal to thirty percent (30%) of the total funding 25 required under section 1725-A(a). If insufficient funds are 26 appropriated to make Commonwealth reimbursements under this 27 section, the reimbursements shall be made on a pro rata basis. 28 (b) For the 2002-2003 school year, the Commonwealth shall 29 pay to each school district that received funding under 30 subsection (a) for the 2001-2002 school year and that had 20080H2479B3934 - 17 -
1 resident students enrolled in a charter school, a charter school 2 approved under section 1717-A or 1718-A which provides 3 instruction through the Internet or other electronic means or a 4 cyber charter school as defined under Article XVII-A during the 5 2002-2003 school year an amount equal to the lesser of: 6 (1) the payment received for the 2001-2002 school year 7 pursuant to subsection (a); or 8 (2) thirty percent (30%) of the total funding required under 9 section 1725-A(a). 10 (c) For the 2002-2003 school year, the Commonwealth shall 11 pay to each school district that did not receive funding under 12 subsection (a) for the 2001-2002 school year and that had 13 resident students enrolled in a charter school, a charter school 14 approved under section 1717-A or 1718-A which provides 15 instruction through the Internet or other electronic means or a 16 cyber charter school as defined under Article XVII-A during the 17 2002-2003 school year an amount equal to thirty percent (30%) of 18 the total funding required under section 1725-A(a). 19 (c.1) (1) For the 2003-2004 school year and each school 20 year thereafter, except [for the 2006-2007 school year] as 21 provided under paragraph (2), the Commonwealth shall pay to each 22 school district with resident students enrolled during the 23 immediately preceding school year in a charter school, a charter 24 school approved under section 1717-A or 1718-A which provides 25 instruction through the Internet or other electronic means or a 26 cyber charter school as defined under Article XVII-A, an amount 27 equal to thirty percent (30%) of the total funding required 28 under section 1725-A(a). 29 (2) For the 2006-2007 and 2007-2008 school [year] years, the 30 payment required under this subsection shall be equal to thirty- 20080H2479B3934 - 18 -
1 two and forty-five hundredths percent (32.45%) of the amount 2 required under section 1725-A(a), where the school district has: 3 (i) average daily membership of resident students enrolled 4 in a charter school, a charter school approved under section 5 1717-A or 1718-A which provides instruction through the Internet 6 or other electronic means or a cyber charter school as defined 7 under Article XVII-A equal to or greater than twelve percent 8 (12%) of the school district's [2006-2007] average daily 9 membership for the school year; 10 (ii) a [2007-2008] market value/income aid ratio for the 11 school year of equal to or greater than six thousand ten 12 thousandths (.6000); and 13 (iii) made payments equal to or greater than one million 14 dollars ($1,000,000) as required under section 1725-A(a). 15 (d) (1) For the fiscal year 2003-2004 and each fiscal year 16 thereafter, if insufficient funds are appropriated to make 17 Commonwealth payments pursuant to this section, such payments 18 shall be made on a pro rata basis. 19 (2) For fiscal year 2007-2008, when determining if 20 sufficient funds are available, the Department of Education 21 shall include in the calculation two million dollars 22 ($2,000,000) in addition to the funds appropriated to the 23 Department of Education for this purpose. 24 Section 2 12. This act shall take effect July 1, 2008, or <-- 25 immediately, whichever is later. A31L24VDL/20080H2479B3934 - 19 -