PRIOR PRINTER'S NOS. 120, 1125, 1131, PRINTER'S NO. 1174
1169
No. 123 Session of 1997
INTRODUCED BY MOWERY, SALVATORE, HART, TOMLINSON, JUBELIRER,
AFFLERBACH, THOMPSON, MUSTO, KASUNIC, RHOADES, HELFRICK, DELP
AND PICCOLA, JANUARY 21, 1997
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 11, 1997
AN ACT
1 Providing for a feasibility study relating to the establishment <--
2 of a Pennsylvania Science Partnership Program; providing for
3 a program of residential education for at-risk secondary
4 students; establishing the Pennsylvania Residential Education
5 Board and the Residential Education Support Fund; and making
6 appropriations.
7 The General Assembly finds and declares as follows:
8 (1) A well-trained and well-educated work force is
9 essential to the economic well-being of this Commonwealth.
10 (2) Many of the fastest growing sectors of the economy
11 are in areas which require technical competence and an
12 educational background that includes a solid foundation in
13 the chemical, physical, biological and earth sciences.
14 (3) Sharing resources is a cost-effective and proven
15 method of ensuring that all of this Commonwealth's school
16 children have access to a high-quality science curriculum
17 that provides hand-on experience with modern and
18 sophisticated scientific and technical equipment to prepare
19 students for the high technology demands of the 21st century.
1 (4) Significant opportunities exist for collaboration
2 between the basic education and higher education systems of
3 this Commonwealth to enhance the education of this
4 Commonwealth's school children.
5 (5) Students need the opportunity to learn science by
6 practicing science. This Commonwealth must graduate students
7 who are more scientifically literate and who are better able
8 to pursue careers and jobs in fields that require such
9 literacy.
10 (6) Teachers who are the only physics or chemistry
11 teacher in their school need not work in isolation.
12 (7) Teachers require greater opportunities for
13 professional development in science, including training to
14 incorporate new science equipment into the teaching
15 curricula.
16 (8) It is therefore the intent of the General Assembly
17 and a purpose of this act to direct the Department of
18 Education to examine the feasibility of establishing the
19 Pennsylvania Science Partnership Program to provide enhanced
20 educational opportunities in the fields of science to this
21 Commonwealth's school children, especially children attending
22 schools that do not have the financial resources to provide
23 an enriched science curriculum.
24 (9) A substantial proportion of the children of this
25 Commonwealth in low-income families are growing up under the
26 threat of having their futures blighted by the scourges of
27 drugs and violent crime, particularly in our urban school
28 districts.
29 (10) At-risk children may stand a better chance of
30 becoming productive and well-adjusted citizens if they have
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1 the opportunity to be educated at an alternative facility
2 that offers a residential program, since such a program will
3 provide a secure and nurturing environment that promotes
4 learning.
5 (11) A residential school program can succeed only with
6 the cooperation and support of the child's parents.
7 (12) Public funding may encourage private providers to
8 create new residential education or open up existing
9 residential education to at-risk children.
10 AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN <--
11 ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
12 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
13 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
14 LAWS RELATING THERETO," PROVIDING FOR THE ESTABLISHMENT OF
15 CHARTER SCHOOLS; PROVIDING FOR POWERS AND DUTIES OF THE
16 SECRETARY OF EDUCATION; ESTABLISHING AN APPEALS PROCESS AND A
17 STATE CHARTER SCHOOL APPEAL BOARD; PROVIDING FOR PAYMENTS TO
18 CHARTER SCHOOLS; REQUIRING CERTAIN REPORTS AND
19 RECOMMENDATIONS; PROVIDING FOR A FEASIBILITY STUDY RELATING
20 TO THE ESTABLISHMENT OF A PENNSYLVANIA SCIENCE PARTNERSHIP
21 PROGRAM; AND MAKING APPROPRIATIONS.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 CHAPTER 1 <--
25 FEASIBILITY STUDY OF PENNSYLVANIA
26 SCIENCE PARTNERSHIP PROGRAM
27 Section 1. Definitions.
28 Section 2. Reports.
29 Section 1. Definitions.
30 The following words and phrases when used in this chapter
31 shall have the meanings given to them in this section unless the
32 context clearly indicates otherwise:
33 "Department." The Department of Education of the
34 Commonwealth.
35 "Higher education institution." Any public or private two-
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1 year or four-year or higher postsecondary institution in this
2 Commonwealth that has been accredited at the college level by an
3 accrediting agency recognized by the United States Secretary of
4 Education, or equivalent.
5 Section 2. Reports.
6 The department shall file a report with the Governor and with
7 the chairman and minority chairman of the Education Committee of
8 the Senate and the chairman and minority chairman of the
9 Education Committee of the House of Representatives on the
10 feasibility of establishing a Pennsylvania Science Partnership
11 Program by January 1, 1998. The report shall describe the types
12 of science partnerships created in selected communities of this
13 Commonwealth, to be determined by the Secretary of Education. At
14 a minimum, programs of this type in Philadelphia, Pittsburgh and
15 at Juniata College and Lebanon Valley College shall be examined.
16 The department shall consider the benefits of the partnership
17 and the involvement of school districts, higher education
18 institutions and science museums. The department shall survey
19 school districts to determine the number of elementary and
20 secondary education students participating in various science
21 programs, a detailed breakdown of the costs of these programs
22 and the impact of the programs on the level of scientific
23 knowledge of school children.
24 CHAPTER 2
25 RESIDENTIAL EDUCATION
26 Section 11. Short title of chapter.
27 Section 12. Definitions.
28 Section 13. Legislative purpose.
29 Section 14. Pennsylvania Residential Education Board.
30 Section 15. Powers and duties.
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1 Section 16. Eligibility and applications.
2 Section 17. Residential education programs.
3 Section 18. Award of contracts.
4 Section 19. Residential Education Support Fund.
5 Section 20. Tuition charges.
6 Section 21. Reports.
7 Section 22. Appointments.
8 Section 23. Appropriation.
9 Section 24. Effective date.
10 Section 11. Short title of chapter.
11 This chapter shall be known and may be cited as the
12 Residential Education Act.
13 Section 12. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "AFDC." The aid to families with dependent children
18 provisions of Title IV of the Social Security Act (49 Stat. 620,
19 42 U.S.C. § 601 et seq.).
20 "Board." The Pennsylvania Residential Education Board
21 established by this chapter.
22 "Disruptive student." A student who poses a clear threat to
23 the safety and welfare of other students or the school staff,
24 who creates an unsafe school environment or whose behavior
25 materially interferes with the learning of other students or
26 disrupts the overall education process. The disruptive student
27 exhibits to a marked degree any or all of the following
28 conditions:
29 (1) Disregard of school authority, including persistent
30 violation of school policy and rules.
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1 (2) Display of or use of controlled substances on school
2 property or during school-affiliated activities.
3 (3) Violent or threatening behavior.
4 (4) Possession of a weapon on school property, as
5 defined under 18 Pa.C.S. § 912 (relating to possession of
6 weapon on school property).
7 (5) Commission of a criminal act on school property.
8 (6) Misconduct that would merit suspension or expulsion
9 under school policy.
10 (7) Habitual truancy.
11 No student who is eligible for special education services
12 pursuant to the Individuals with Disabilities Education Act
13 (Public Law 91-230, 20 U.S.C. § 1400 et seq.) shall be deemed a
14 disruptive student for the purposes of this chapter, except as
15 provided for by the Department of Education by applicable
16 regulations.
17 "Eligible student." A student accepted into the program
18 established by this chapter pursuant to section 16.
19 "Fund." The Residential Education Support Fund established
20 by section 19.
21 "High school tuition charge." The amount computed under
22 section 2561(3) of the Public School Code, applicable to pupils
23 attending junior and senior high school.
24 "Independent agency." As defined in 42 Pa.C.S. § 102
25 (relating to definitions).
26 "Parent." Includes a guardian or person in loco parentis.
27 "Public School Code." The provisions of the act of March 10,
28 1949 (P.L.30, No.14), known as the Public School Code of 1949.
29 "Residential school." A school that offers a program of
30 secondary education to students who reside on school property.
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1 The term does not include a home education program provided
2 pursuant to section 1327.1 of the Public School Code.
3 "School." Any public or nonpublic secondary school located
4 within this Commonwealth where a Commonwealth resident may
5 legally fulfill the compulsory school attendance requirements
6 and which meets the applicable requirements of Title VI of the
7 Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
8 "Secretary." The Secretary of Education of the Commonwealth.
9 Section 13. Legislative purpose.
10 The purpose of this chapter is to facilitate the
11 establishment of residential secondary schools in which at-risk
12 children may obtain their education in a safe, healthy and
13 nurturing environment.
14 Section 14. Pennsylvania Residential Education Board.
15 (a) Establishment.--There is hereby established an
16 independent agency which shall be known as the Pennsylvania
17 Residential Education Board.
18 (b) Purpose.--The purpose of the board shall be to provide
19 for the education of the eligible students.
20 (c) Board of directors.--The board shall be governed and its
21 corporate powers shall be exercised by a board of directors,
22 which shall consist of 15 members, including the secretary and
23 the Secretary of Public Welfare, five members appointed by the
24 Governor, two members appointed by the President pro tempore of
25 the Senate, two members appointed by the Minority Leader of the
26 Senate, two members appointed by the Speaker of the House of
27 Representatives and two members appointed by the Minority Leader
28 of the House of Representatives. The term of office for each
29 member other than the secretary and the Secretary of Public
30 Welfare shall be four years from his or her appointment or until
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1 a successor has been duly appointed and qualified, but no longer
2 than six months beyond the four-year period. Three of the
3 members appointed by the Governor and one of the members
4 appointed by each of the officers of the General Assembly shall
5 serve initial terms of two years. No member may serve more than
6 two consecutive terms, except that members appointed for an
7 initial term of two years may serve two consecutive four-year
8 terms immediately after the initial term. The board shall elect
9 from its own members each year a chair and vice chair who shall
10 serve for terms of one year and who shall be eligible for
11 reelection for successive terms. Vacancies shall be filled for
12 the unexpired terms in the same manner as the original
13 appointments.
14 (d) Expenses.--Directors shall receive no compensation for
15 their services, but shall be reimbursed for their expenses
16 actually and reasonably incurred by them in the performance of
17 their duties.
18 (e) Meetings.--The board of directors shall provide for
19 general and special meetings. Seven directors attending shall
20 constitute a quorum for the transaction of any business and,
21 unless a greater number is required by the bylaws of the board,
22 the act of a majority of the members present at any meeting
23 shall be deemed the act of the board. The board shall adopt
24 bylaws for the board and may appoint such officers and employees
25 as it deems advisable and may fix their compensation and
26 prescribe their duties.
27 (f) Administrative support of board.--Administrative support
28 for the board shall be provided by the department. The
29 department shall periodically consult with the board regarding
30 the administrative needs of the board.
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1 (g) Absences.--An appointed member who fails to attend three
2 consecutive board meetings shall forfeit membership on the board
3 unless the chair, upon written request of the member, determines
4 that the member shall be excused from a meeting or meetings for
5 reasonable cause.
6 Section 15. Powers and duties.
7 The board shall have the following powers and duties, in
8 addition to any others provided by this chapter:
9 (1) To select, fund and supervise providers of
10 residential education programs in accordance with the
11 provisions of this chapter.
12 (2) To enter into contracts with the providers in
13 accordance with section 18 with respect to residential
14 education programs.
15 (3) To select the students eligible to participate in
16 the residential education program pursuant to section 16.
17 (4) To place eligible students in residential schools
18 that agree to accept them.
19 (5) To provide technical and financial assistance to
20 public and nonpublic schools that wish to establish
21 residential schools for at-risk children.
22 (6) To solicit and accept gifts, grants, loans and other
23 aid from any person or from Federal, State or local
24 government.
25 (7) To promulgate rules and regulations and adopt
26 administrative guidelines relating to its activities,
27 including rules regarding the selection of providers and of
28 eligible students and verification of performance by
29 providers.
30 (8) To develop a research design that will enable the
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1 public to evaluate the results of residential education of
2 at-risk children and to collect data from residential schools
3 in accordance with that design. The research design must
4 provide for the collection of data concerning the
5 socioeconomic characteristics of the students, the
6 instruction given and follow-up study of graduates of the
7 program, including their educational attainment, employment
8 history, income, marital status and criminal record.
9 (9) To perform such other acts as may be necessary or
10 appropriate to carry out effectively the objectives and
11 purposes of the board as specified in this chapter.
12 Section 16. Eligibility and applications.
13 (a) Eligible students.--A student is eligible to participate
14 in the residential education program if all of the following
15 criteria are met:
16 (1) The student must have been a resident of this
17 Commonwealth for at least two years before application.
18 (2) The family of the student must be eligible to
19 receive assistance under either AFDC or the Food Stamp Act of
20 1977 (Public Law 88-525, 7 U.S.C. § 2011 et seq.), or both,
21 or the annual family income must meet Federal poverty income
22 guidelines.
23 (3) The student must reside in one of the 167 school
24 districts identified by the department as having the highest
25 percentage of children of families eligible to receive
26 assistance under AFDC when measured as a percentage of the
27 district's average daily membership.
28 (4) The student must reside in a municipal corporation
29 that has a rate of violent crime more than twice the
30 Statewide average rate as reported to the department under
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1 section 21(b).
2 (5) The student must be of an age such that he or she
3 would be eligible to enter grade seven, eight, nine or ten in
4 the school district of residence, but in no event older than
5 17 years of age.
6 (6) The student must not be brain damaged, mentally
7 retarded, socially and emotionally disturbed, learning
8 disabled, speech and language impaired, visually impaired,
9 deaf or hearing impaired or a disruptive student.
10 (7) An application must be submitted to the board under
11 subsection (b).
12 (8) The student must be accepted into the program under
13 subsection (c).
14 (b) Submission of application.--The parents of the student
15 must submit an application to the board on a form prescribed by
16 the board by the deadline set by the board. The application must
17 include all of the following:
18 (1) Information showing that the student is eligible
19 under subsection (a)(1), (2), (3), (4), (5) and (6).
20 (2) The school grade that the student intends to enter.
21 (3) A release allowing the board to verify the
22 information provided on the application.
23 (4) Such other information as the board may require by
24 regulation.
25 (c) Approval of applications.--The board shall approve
26 applications in a number that is within the number of placements
27 in residential schools under contract with or otherwise
28 available to the board. No more than 3% of the average daily
29 membership in grades seven through ten of a school district may
30 be selected from the applicants residing in that district,
19970S0123B1174 - 11 -
1 unless the number of eligible students would otherwise be fewer
2 than the number of available placements. If the applications
3 from a school district exceed the limitations of this
4 subsection, the board shall select the eligible students from
5 among the applicants by random selection. However, if the
6 applications from all the school districts exceed the number of
7 available placements, the board shall approve applicants by
8 random selection from each school district in the proportion
9 that the number of placements bears to the total applications.
10 The board shall determine the assignment of the students to the
11 residential schools and shall so notify the parents of the
12 student.
13 (d) Loss of eligibility.--A student shall no longer be
14 eligible for the program established by this chapter if the
15 student has:
16 (1) voluntarily withdrawn from the residential school
17 program; or
18 (2) violated behavioral standards as promulgated by the
19 board.
20 An eligible student may not be dismissed from the program on the
21 grounds that the student's municipal corporation or school
22 district of residence does not qualify under subsection (a)(3)
23 or (4).
24 Section 17. Residential education programs.
25 (a) Contracts.--The board shall award contracts pursuant to
26 this chapter to providers who demonstrate the ability to operate
27 and administer a residential school program that provides a
28 suitable secondary education program for eligible students.
29 (b) Proposals for contracts.--The proposal submitted by the
30 prospective provider must include the following:
19970S0123B1174 - 12 -
1 (1) The title or name and the address or location of the
2 school or classes, together with the name of the owners and
3 controlling officers.
4 (2) The general and specific fields of instruction that
5 will be offered and the purposes of such instruction.
6 (3) The place or places where instruction will be given.
7 (4) The place or places where the students will reside.
8 (5) A specific listing of the equipment and staff
9 available for instruction and residential supervision.
10 (6) The maximum enrollment that can be accommodated by
11 the educational and residential facilities available.
12 (7) The qualifications of instructors, administrators
13 and supervisors.
14 (8) Financial resources available to equip and maintain
15 the school and the residence.
16 (9) An agreement to abide by reasonable service and
17 business ethics prescribed by the board.
18 (10) A research and performance verification plan
19 consistent with the research design prescribed under section
20 15(8).
21 (11) Any additional information the board may deem
22 necessary to enable it to determine the adequacy of the
23 program of instruction, the business integrity, the social
24 support services and related matters.
25 (c) Certain exemptions.--The board may exempt residential
26 schools under contract with the board from the Public School
27 Code except for the provisions of the Public School Code
28 applicable to nonpublic nonlicensed schools. This subsection
29 shall not exempt residential schools from requirements otherwise
30 applicable under the act of December 15, 1986 (P.L.1585,
19970S0123B1174 - 13 -
1 No.174), known as the Private Licensed Schools Act, or the act
2 of January 28, 1988 (P.L.24, No.11), known as the Private
3 Academic Schools Act.
4 (d) Awards to nonpublic schools.--No contract may be awarded
5 to a nonpublic school unless the proposal includes adequate
6 assurances that the residential school will not be pervasively
7 sectarian and that its secular character can be maintained
8 without excessive entanglement between the provider and the
9 Commonwealth.
10 Section 18. Award of contracts.
11 (a) General rule.--Contracts for the operation,
12 administration and funding of residential schools shall be
13 awarded through a process of competitive sealed proposals, which
14 the board shall solicit through a request for proposals. The
15 contract relating to each residential school shall be let
16 pursuant to a separate request for proposals.
17 (b) Public notice.--Adequate public notice of the request
18 for proposals shall be given a reasonable time prior to the date
19 set for the opening of proposals. Notice in the Pennsylvania
20 Bulletin is sufficient for all purposes under this section.
21 (c) Pre-award discussions and negotiations.--Discussions and
22 negotiations may be conducted with responsible offerors who
23 submit proposals determined to be reasonably susceptible of
24 being selected for award. Offerors shall be accorded fair and
25 equal treatment with respect to any opportunity for discussion,
26 negotiation and revision of proposals. Revision may be permitted
27 after submissions and prior to award for the purpose of
28 obtaining best and final offers. Discussions shall not disclose
29 any information derived from proposals submitted by other
30 offerors.
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1 (d) Award.--Award shall be made to the offeror whose
2 proposal is determined in writing by the board to be the most
3 advantageous to the Commonwealth based on the criteria
4 determined by the board.
5 Section 19. Residential Education Support Fund.
6 (a) Establishment.--There is hereby established a special
7 nonlapsing fund in the State Treasury to be known as the
8 Residential Education Support Fund. Moneys received by the board
9 shall be paid into the State Treasury and shall be credited to
10 the fund and are hereby appropriated to the board on a
11 continuing basis to assist in funding activities necessary to
12 meet the requirements of this chapter. The fund shall consist of
13 the following:
14 (1) Any moneys appropriated to the fund by general
15 appropriations.
16 (2) Contributions to the fund.
17 (3) The tuition charges required by section 710.
18 (b) Tax credits.--
19 (1) Any business firm which contributes to the fund may
20 receive a tax credit against any tax due under Article IV,
21 VI, VII, VII-A, VIII, VIII-A, IX, X or XV of the act of March
22 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971,
23 or any tax substituted in lieu thereof. The credit shall not
24 exceed $250,000 annually. Any tax credit not used in the
25 calendar or fiscal year the donation is made may be carried
26 over for the next five succeeding calendar or fiscal years
27 until the full credit has been allowed.
28 (2) The total amount of all tax credits allowed pursuant
29 to this section shall not exceed $10,000,000 in any one
30 fiscal year of the Commonwealth, unless a greater amount is
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1 provided for in the general appropriation act. If the total
2 amount of tax credits claimed under this section exceeds the
3 amount permitted under this paragraph, the tax credit allowed
4 each business firm shall be ratably reduced under regulations
5 promulgated by the Department of Revenue.
6 (c) Charitable donations.--Any charitable donations made by
7 persons to the board shall also be deposited in the fund.
8 (d) Definition.--As used in this section, the term "business
9 firm" means any business entity authorized to do business in
10 this Commonwealth and subject to taxes imposed by Article IV,
11 VI, VII, VII-A, VIII, VIII-A, IX, X or XV of the Tax Reform Code
12 of 1971.
13 Section 20. Tuition charges.
14 (a) General rule.--For each eligible student who attends a
15 residential school that is not administered and operated by the
16 school district of residence, the department shall pay to the
17 fund the high school tuition charge attributable to the district
18 and shall continue to pay the fund so long as the eligible
19 student attends a residential school. Payments shall be deducted
20 from the reimbursements otherwise due the school district of
21 residence under Article XXV of the Public School Code.
22 (b) Definition.--As used in this section, the term "school
23 district of residence" means the school district in which the
24 eligible student resided immediately before his or her
25 attendance in a residential school.
26 Section 21. Reports.
27 (a) Board report.--No later than January 31 of each year,
28 the board shall submit a report to the Governor, the
29 Appropriations Committee and the Education Committee of the
30 Senate and the Appropriations Committee and the Education
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1 Committee of the House of Representatives, which shall include
2 the following:
3 (1) The names of the providers, the names and addresses
4 of the residential schools operated pursuant to this chapter
5 and the number of eligible students enrolled in each school,
6 analyzed by grade level and gender.
7 (2) The socioeconomic characteristics of the eligible
8 students, with a separate analysis of those most recently
9 enrolled.
10 (3) The number of students who have withdrawn from the
11 residential schools and the number who have graduated from
12 the program.
13 (4) The amount of financial support provided under this
14 chapter to the residential schools, broken down by contract
15 payments, amounts paid from the fund and amounts paid from
16 Commonwealth appropriations.
17 (5) Evaluation of the program and suggestions for
18 improvement, including suggestions for legislative action.
19 In no case shall the names of eligible students or their parents
20 be furnished as part of this report.
21 (b) Report by Pennsylvania State Police.--The Pennsylvania
22 State Police shall annually submit to the board a list of all
23 municipal corporations that have a rate of violent crime equal
24 to or greater than twice the Statewide average rate of violent
25 crime.
26 Section 22. Appointments.
27 The respective appointing authorities set forth in section
28 4(c) shall appoint the members of the Pennsylvania Residential
29 Education Board within 120 days of the effective date of this
30 act.
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1 Section 23. Appropriation.
2 The sum of $3,000,000, or as much thereof as may be
3 necessary, is hereby appropriated to the Pennsylvania
4 Residential Education Board for the fiscal year July 1, 1997, to
5 June 30, 1998, to administer the provisions of Chapter 2.
6 Section 24. Effective date.
7 This act shall take effect immediately.
8 SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN <--
9 AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING AN
10 ARTICLE TO READ:
11 ARTICLE XVII-A.
12 CHARTER SCHOOLS.
13 (A) PRELIMINARY PROVISIONS.
14 SECTION 1701-A. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN
15 AND MAY BE CITED AS THE "CHARTER SCHOOL LAW."
16 SECTION 1702-A. LEGISLATIVE INTENT.--IT IS THE INTENT OF THE
17 GENERAL ASSEMBLY, IN ENACTING THIS ARTICLE, TO PROVIDE PUPILS
18 AND COMMUNITY MEMBERS TO ESTABLISH AND MAINTAIN SCHOOLS THAT
19 OPERATE INDEPENDENTLY FROM THE EXISTING SCHOOL DISTRICT
20 STRUCTURE, AS A METHOD TO ACCOMPLISH ALL OF THE FOLLOWING:
21 (1) IMPROVE PUPIL LEARNING.
22 (2) INCREASE LEARNING OPPORTUNITIES FOR ALL PUPILS.
23 (3) ENCOURAGE THE USE OF DIFFERENT AND INNOVATIVE TEACHING
24 METHODS.
25 (4) CREATE NEW PROFESSIONAL OPPORTUNITIES FOR TEACHERS,
26 INCLUDING THE OPPORTUNITY TO BE RESPONSIBLE FOR THE LEARNING
27 PROGRAM AT THE SCHOOL SITE.
28 (5) PROVIDE PARENTS AND PUPILS WITH EXPANDED CHOICES IN THE
29 TYPES OF EDUCATIONAL OPPORTUNITIES THAT ARE AVAILABLE WITHIN THE
30 PUBLIC SCHOOL SYSTEM.
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1 (6) HOLD THE SCHOOLS ESTABLISHED UNDER THIS ACT ACCOUNTABLE
2 FOR MEETING MEASURABLE ACADEMIC STANDARDS AND PROVIDE THE SCHOOL
3 WITH A METHOD TO ESTABLISH ACCOUNTABILITY SYSTEMS.
4 SECTION 1703-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
5 "APPEAL BOARD" SHALL MEAN THE STATE CHARTER SCHOOL APPEAL
6 BOARD ESTABLISHED BY THIS ARTICLE.
7 "CHARTER SCHOOL" SHALL MEAN AN INDEPENDENT PUBLIC SCHOOL
8 ESTABLISHED AND OPERATED UNDER A CHARTER FROM THE LOCAL BOARD OF
9 SCHOOL DIRECTORS AND IN WHICH STUDENTS ARE ENROLLED OR ATTEND. A
10 CHARTER SCHOOL MUST BE ORGANIZED AS A PUBLIC, NONPROFIT
11 CORPORATION. CHARTERS MAY NOT BE GRANTED TO ANY FOR-PROFIT
12 ENTITY.
13 "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF THE
14 COMMONWEALTH.
15 "LOCAL BOARD OF SCHOOL DIRECTORS" SHALL MEAN THE BOARD OF
16 DIRECTORS OF A SCHOOL DISTRICT IN WHICH A PROPOSED OR AN
17 APPROVED CHARTER SCHOOL IS LOCATED.
18 "REGIONAL CHARTER SCHOOL" SHALL MEAN AN INDEPENDENT PUBLIC
19 SCHOOL ESTABLISHED AND OPERATED UNDER A CHARTER FROM MORE THAN
20 ONE LOCAL BOARD OF SCHOOL DIRECTORS AND IN WHICH STUDENTS ARE
21 ENROLLED OR ATTEND. A REGIONAL CHARTER SCHOOL MUST BE ORGANIZED
22 AS A PUBLIC, NONPROFIT CORPORATION. CHARTERS MAY NOT BE GRANTED
23 TO ANY FOR-PROFIT ENTITY.
24 "SCHOOL ENTITY" SHALL MEAN A SCHOOL DISTRICT, INTERMEDIATE
25 UNIT, JOINT SCHOOL OR AREA VOCATIONAL-TECHNICAL SCHOOL.
26 "SECRETARY" SHALL MEAN THE SECRETARY OF EDUCATION OF THE
27 COMMONWEALTH.
28 "STATE BOARD" SHALL MEAN THE STATE BOARD OF EDUCATION OF THE
29 COMMONWEALTH.
30 (B) CHARTER SCHOOLS.
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1 SECTION 1714-A. POWERS OF CHARTER SCHOOLS.--(A) A CHARTER
2 SCHOOL ESTABLISHED UNDER THIS ACT IS A BODY CORPORATE AND SHALL
3 HAVE ALL POWERS NECESSARY OR DESIRABLE FOR CARRYING OUT ITS
4 CHARTER, INCLUDING, BUT NOT LIMITED TO, THE POWER TO:
5 (1) ADOPT A NAME AND CORPORATE SEAL; HOWEVER, ANY NAME
6 SELECTED SHALL INCLUDE THE WORDS "CHARTER SCHOOL."
7 (2) SUE AND BE SUED, BUT ONLY TO THE SAME EXTENT AND UPON
8 THE SAME CONDITION THAT POLITICAL SUBDIVISIONS AND LOCAL
9 AGENCIES CAN BE SUED.
10 (3) ACQUIRE REAL PROPERTY FROM PUBLIC OR PRIVATE SOURCES BY
11 PURCHASE, LEASE, LEASE WITH AN OPTION TO PURCHASE OR GIFT FOR
12 USE AS A CHARTER SCHOOL FACILITY.
13 (4) RECEIVE AND DISBURSE FUNDS FOR CHARTER SCHOOL PURPOSES
14 ONLY.
15 (5) MAKE CONTRACTS AND LEASES FOR THE PROCUREMENT OF
16 SERVICES, EQUIPMENT AND SUPPLIES.
17 (6) INCUR TEMPORARY DEBTS IN ANTICIPATION OF THE RECEIPT OF
18 FUNDS.
19 (7) SOLICIT AND ACCEPT ANY GIFTS OR GRANTS FOR CHARTER
20 SCHOOL PURPOSES.
21 (B) A CHARTER SCHOOL SHALL HAVE SUCH OTHER POWERS AS ARE
22 NECESSARY TO FULFILL ITS CHARTER AND WHICH ARE NOT INCONSISTENT
23 WITH THIS ARTICLE.
24 SECTION 1715-A. CHARTER SCHOOL REQUIREMENTS.--CHARTER
25 SCHOOLS SHALL BE REQUIRED TO COMPLY WITH THE FOLLOWING
26 PROVISIONS:
27 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, A CHARTER
28 SCHOOL IS EXEMPT FROM STATUTORY REQUIREMENTS ESTABLISHED IN THIS
29 ACT, FROM REGULATIONS OF THE STATE BOARD AND THE STANDARDS OF
30 THE SECRETARY NOT SPECIFICALLY APPLICABLE TO CHARTER SCHOOLS.
19970S0123B1174 - 20 -
1 CHARTER SCHOOLS ARE NOT EXEMPT FROM STATUTES APPLICABLE TO
2 PUBLIC SCHOOLS OTHER THAN THIS ACT.
3 (2) A CHARTER SCHOOL SHALL BE ACCOUNTABLE TO THE PARENTS,
4 THE PUBLIC AND THE COMMONWEALTH, WITH THE DELINEATION OF THAT
5 ACCOUNTABILITY REFLECTED IN THE CHARTER. STRATEGIES FOR
6 MEANINGFUL PARENT AND COMMUNITY INVOLVEMENT SHALL BE DEVELOPED
7 AND IMPLEMENTED BY EACH SCHOOL.
8 (3) A CHARTER SCHOOL SHALL NOT UNLAWFULLY DISCRIMINATE IN
9 ADMISSIONS, HIRING OR OPERATION.
10 (4) A CHARTER SCHOOL SHALL BE NONSECTARIAN IN ALL
11 OPERATIONS.
12 (5) A CHARTER SCHOOL SHALL NOT PROVIDE ANY RELIGIOUS
13 INSTRUCTION, NOR SHALL IT DISPLAY RELIGIOUS OBJECTS AND SYMBOLS
14 ON THE PREMISES OF THE CHARTER SCHOOL.
15 (6) A CHARTER SCHOOL SHALL NOT ADVOCATE UNLAWFUL BEHAVIOR.
16 (7) A CHARTER SCHOOL SHALL ONLY BE SUBJECT TO THE LAWS AND
17 REGULATIONS AS PROVIDED FOR IN SECTION 1732-A, AS OTHERWISE
18 PROVIDED FOR IN THIS ARTICLE.
19 (8) A CHARTER SCHOOL SHALL PARTICIPATE IN THE PENNSYLVANIA
20 STATE ASSESSMENT SYSTEM AS PROVIDED FOR IN 22 PA. CODE CH. 5
21 (RELATING TO CURRICULUM), OR SUBSEQUENT REGULATIONS PROMULGATED
22 TO REPLACE 22 PA.CODE CH. 5, IN THE MANNER IN WHICH THE SCHOOL
23 DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED IS SCHEDULED TO
24 PARTICIPATE.
25 (9) A CHARTER SCHOOL SHALL PROVIDE A MINIMUM OF ONE HUNDRED
26 EIGHTY (180) DAYS OF INSTRUCTION OR NINE HUNDRED (900) HOURS PER
27 YEAR OF INSTRUCTION AT THE ELEMENTARY LEVEL, OR NINE HUNDRED
28 NINETY (990) HOURS PER YEAR OF INSTRUCTION AT THE SECONDARY
29 LEVEL. NOTHING IN THIS CLAUSE SHALL PRECLUDE THE USE OF COMPUTER
30 AND SATELLITE LINKAGES FOR DELIVERING INSTRUCTION TO STUDENTS.
19970S0123B1174 - 21 -
1 (10) BOARDS OF TRUSTEES AND CONTRACTORS OF CHARTER SCHOOLS
2 SHALL BE SUBJECT TO THE FOLLOWING STATUTORY REQUIREMENTS
3 GOVERNING CONSTRUCTION PROJECTS AND CONSTRUCTION-RELATED WORK:
4 (I) THE FOLLOWING PROVISIONS OF THIS ACT:
5 (A) SECTIONS 751 AND 751.1.
6 (B) SECTIONS 756 AND 757 INSOFAR AS THEY ARE CONSISTENT WITH
7 THE ACT OF DECEMBER 20, 1967 (P.L.869, NO.385), KNOWN AS THE
8 "PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967."
9 (II) SECTION 1 OF THE ACT OF MAY 1, 1913 (P.L.155, NO.104)
10 ENTITLED "AN ACT REGULATING THE LETTING OF CERTAIN CONTRACTS FOR
11 THE ERECTION, CONSTRUCTION, AND ALTERATION OF PUBLIC BUILDINGS."
12 (III) THE ACT OF AUGUST 11, 1961 (P.L.987, NO.442), KNOWN AS
13 THE "PENNSYLVANIA PREVAILING WAGE ACT."
14 (IV) THE "PUBLIC WORKS CONTRACTORS' BOND LAW OF 1967."
15 (V) THE ACT OF MARCH 3, 1978 (P.L.6, NO.3), KNOWN AS THE
16 "STEEL PRODUCTS PROCUREMENT ACT".
17 (11) TRUSTEES OF A CHARTER SCHOOL SHALL BE PUBLIC OFFICIALS.
18 SECTION 1716-A. POWERS OF BOARD OF TRUSTEES.--(A) THE BOARD
19 OF TRUSTEES OF A CHARTER SCHOOL SHALL HAVE THE AUTHORITY TO
20 DECIDE MATTERS RELATED TO THE OPERATION OF THE SCHOOL,
21 INCLUDING, BUT NOT LIMITED TO, BUDGETING, CURRICULUM AND
22 OPERATING PROCEDURES, SUBJECT TO THE SCHOOL'S CHARTER. THE BOARD
23 SHALL HAVE THE AUTHORITY TO EMPLOY, DISCHARGE AND CONTRACT WITH
24 NECESSARY PROFESSIONAL AND NONPROFESSIONAL EMPLOYES SUBJECT TO
25 THE SCHOOL'S CHARTER AND THE PROVISIONS OF THIS ARTICLE.
26 (B) NO MEMBER OF A LOCAL BOARD OF SCHOOL DIRECTORS OF A
27 SCHOOL ENTITY SHALL SERVE ON THE BOARD OF TRUSTEES OF A CHARTER
28 SCHOOL THAT IS LOCATED IN THE MEMBER'S DISTRICT.
29 (C) THE BOARD OF TRUSTEES SHALL COMPLY WITH THE ACT OF JULY
30 3, 1986 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE ACT."
19970S0123B1174 - 22 -
1 SECTION 1717-A. ESTABLISHMENT OF CHARTER SCHOOL.--(A) A
2 CHARTER SCHOOL MAY BE ESTABLISHED BY AN INDIVIDUAL; ONE OR MORE
3 TEACHERS WHO WILL TEACH AT THE PROPOSED CHARTER SCHOOL; PARENTS
4 OR GUARDIANS OF STUDENTS WHO WILL ATTEND THE CHARTER SCHOOL; ANY
5 NONSECTARIAN COLLEGE, UNIVERSITY OR MUSEUM LOCATED IN THIS
6 COMMONWEALTH; ANY NONSECTARIAN CORPORATION NOT-FOR-PROFIT, AS
7 DEFINED IN 15 PA.C.S. (RELATING TO CORPORATIONS AND
8 UNINCORPORATED ASSOCIATIONS); ANY CORPORATION; ASSOCIATION;
9 PARTNERSHIP; OR ANY COMBINATION THEREOF. A CHARTER SCHOOL MAY BE
10 ESTABLISHED BY CREATING A NEW SCHOOL OR BY CONVERTING AN
11 EXISTING PUBLIC SCHOOL OR A PORTION OF AN EXISTING PUBLIC
12 SCHOOL. NO CHARTER SCHOOL SHALL BE ESTABLISHED OR FUNDED BY AND
13 NO CHARTER SHALL BE GRANTED TO ANY SECTARIAN SCHOOL, INSTITUTION
14 OR OTHER ENTITY. NO FUNDS ALLOCATED OR DISBURSED UNDER THIS
15 ARTICLE SHALL BE USED TO DIRECTLY SUPPORT INSTRUCTION PURSUANT
16 TO SECTION 1327.1.
17 (B) (1) THE CONVERSION OF AN EXISTING PUBLIC SCHOOL OR
18 PORTION OF AN EXISTING PUBLIC SCHOOL TO A CHARTER SCHOOL MAY BE
19 INITIATED BY ANY INDIVIDUAL OR ENTITY AUTHORIZED TO ESTABLISH A
20 CHARTER SCHOOL UNDER SUBSECTION (A).
21 (2) IN ORDER TO CONVERT AN EXISTING PUBLIC SCHOOL TO A
22 CHARTER SCHOOL, THE APPLICANTS MUST SHOW THAT:
23 (I) MORE THAN FIFTY PER CENTUM OF THE TEACHING STAFF IN THE
24 PUBLIC SCHOOL HAVE SIGNED A PETITION IN SUPPORT OF THE PUBLIC
25 SCHOOL BECOMING A CHARTER SCHOOL; AND
26 (II) MORE THAN FIFTY PER CENTUM OF THE PARENTS OR GUARDIANS
27 OF PUPILS ATTENDING THAT PUBLIC SCHOOL HAVE SIGNED A PETITION IN
28 SUPPORT OF THE SCHOOL BECOMING A CHARTER SCHOOL.
29 (3) IN NO EVENT SHALL THE BOARD OF SCHOOL DIRECTORS SERVE AS
30 THE BOARD OF TRUSTEES OF AN EXISTING SCHOOL WHICH IS CONVERTED
19970S0123B1174 - 23 -
1 TO A CHARTER SCHOOL PURSUANT TO THIS SUBSECTION.
2 (C) AN APPLICATION TO ESTABLISH A CHARTER SCHOOL SHALL BE
3 SUBMITTED TO THE LOCAL BOARD OF SCHOOL DIRECTORS OF THE DISTRICT
4 WHERE THE CHARTER SCHOOL WILL BE LOCATED BY NOVEMBER 15 OF THE
5 SCHOOL YEAR PRECEDING THE SCHOOL YEAR IN WHICH THE CHARTER
6 SCHOOL WILL BE ESTABLISHED EXCEPT THAT FOR A CHARTER SCHOOL
7 BEGINNING IN THE 1997-1998 SCHOOL YEAR, AN APPLICATION MUST BE
8 RECEIVED BY JULY 15, 1997. IN THE 1997-1998 SCHOOL YEAR ONLY,
9 APPLICATIONS SHALL BE LIMITED TO RECIPIENTS OF FISCAL YEAR 1996-
10 1997 DEPARTMENT OF EDUCATION CHARTER SCHOOL PLANNING GRANTS.
11 (D) WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF AN
12 APPLICATION, THE LOCAL BOARD OF SCHOOL DIRECTORS IN WHICH THE
13 PROPOSED CHARTER SCHOOL IS TO BE LOCATED SHALL HOLD AT LEAST ONE
14 PUBLIC HEARING ON THE PROVISIONS OF THE CHARTER APPLICATION,
15 UNDER THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE
16 "SUNSHINE ACT." AT LEAST FORTY-FIVE (45) DAYS MUST TRANSPIRE
17 BETWEEN THE FIRST PUBLIC HEARING AND THE FINAL DECISION OF THE
18 BOARD ON THE CHARTER APPLICATION EXCEPT THAT FOR A CHARTER
19 SCHOOL BEGINNING IN THE 1997-1998 SCHOOL YEAR, ONLY THIRTY (30)
20 DAYS MUST TRANSPIRE BETWEEN THE FIRST PUBLIC HEARING AND THE
21 FINAL DECISION OF THE BOARD.
22 (E) (1) NOT LATER THAN SEVENTY-FIVE (75) DAYS AFTER THE
23 FIRST PUBLIC HEARING ON THE APPLICATION, THE LOCAL BOARD OF
24 SCHOOL DIRECTORS SHALL GRANT OR DENY THE APPLICATION. FOR A
25 CHARTER SCHOOL BEGINNING IN THE 1997-1998 SCHOOL YEAR, THE LOCAL
26 BOARD OF SCHOOL DIRECTORS SHALL GRANT OR DENY THE APPLICATION NO
27 LATER THAN SIXTY (60) DAYS AFTER THE FIRST PUBLIC HEARING.
28 (2) A CHARTER SCHOOL APPLICATION SUBMITTED UNDER THIS
29 ARTICLE SHALL BE EVALUATED BY THE LOCAL BOARD OF SCHOOL
30 DIRECTORS BASED ON CRITERIA, INCLUDING, BUT NOT LIMITED TO, THE
19970S0123B1174 - 24 -
1 FOLLOWING:
2 (I) THE DEMONSTRATED, SUSTAINABLE SUPPORT FOR THE CHARTER
3 SCHOOL PLAN BY TEACHERS, PARENTS, OTHER COMMUNITY MEMBERS AND
4 STUDENTS, INCLUDING COMMENTS RECEIVED AT THE PUBLIC HEARING HELD
5 UNDER SUBSECTION (D).
6 (II) THE CAPABILITY OF THE CHARTER SCHOOL APPLICANT, IN
7 TERMS OF SUPPORT AND PLANNING, TO PROVIDE COMPREHENSIVE LEARNING
8 EXPERIENCES TO STUDENTS PURSUANT TO THE ADOPTED CHARTER.
9 (III) THE EXTENT TO WHICH THE APPLICATION CONSIDERS THE
10 INFORMATION REQUESTED IN SECTION 1719-A AND CONFORMS TO THE
11 LEGISLATIVE INTENT OUTLINED IN SECTION 1702-A.
12 (IV) THE EXTENT TO WHICH THE CHARTER SCHOOL MAY SERVE AS A
13 MODEL FOR OTHER PUBLIC SCHOOLS.
14 (3) THE LOCAL BOARD OF SCHOOL DIRECTORS, IN THE CASE OF AN
15 EXISTING SCHOOL BEING CONVERTED TO A CHARTER SCHOOL, SHALL
16 ESTABLISH THE ALTERNATIVE ARRANGEMENTS FOR CURRENT STUDENTS WHO
17 CHOOSE NOT TO ATTEND THE CHARTER SCHOOL.
18 (4) A CHARTER APPLICATION SHALL BE DEEMED APPROVED BY THE
19 LOCAL BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT UPON
20 AFFIRMATIVE VOTE BY A MAJORITY OF ALL THE DIRECTORS. FORMAL
21 ACTION APPROVING OR DENYING THE APPLICATION SHALL BE TAKEN BY
22 THE LOCAL BOARD OF SCHOOL DIRECTORS AT A PUBLIC MEETING, WITH
23 NOTICE OR CONSIDERATION OF THE APPLICATION GIVEN BY THE BOARD,
24 UNDER THE "SUNSHINE ACT."
25 (5) WRITTEN NOTICE OF THE BOARD'S ACTION SHALL BE SENT TO
26 THE APPLICANT, THE DEPARTMENT AND THE APPEAL BOARD. IF THE
27 APPLICATION IS DENIED, THE REASONS FOR THE DENIAL INCLUDING A
28 DESCRIPTION OF DEFICIENCIES IN THE APPLICATION SHALL BE CLEARLY
29 STATED IN THE NOTICE SENT BY THE LOCAL BOARD OF SCHOOL DIRECTORS
30 TO THE CHARTER SCHOOL APPLICANT.
19970S0123B1174 - 25 -
1 (F) AT THE OPTION OF THE CHARTER SCHOOL APPLICANT A DENIED
2 APPLICATION MAY BE REVISED AND RESUBMITTED TO THE LOCAL BOARD OF
3 SCHOOL DIRECTORS. FOLLOWING THE APPOINTMENT AND CONFIRMATION OF
4 THE CHARTER SCHOOL APPEAL BOARD UNDER SECTION 1721-A, THE
5 DECISION OF THE LOCAL BOARD OF SCHOOL DIRECTORS MAY BE APPEALED
6 TO THE APPEAL BOARD. WHEN AN APPLICATION IS REVISED AND
7 RESUBMITTED TO THE LOCAL BOARD OF SCHOOL DIRECTORS, THE BOARD
8 MAY SCHEDULE ADDITIONAL PUBLIC HEARINGS ON THE REVISED
9 APPLICATION. THE BOARD SHALL CONSIDER THE REVISED AND
10 RESUBMITTED APPLICATION AT THE FIRST BOARD MEETING OCCURRING AT
11 LEAST FORTY-FIVE (45) DAYS AFTER RECEIPT OF THE REVISED
12 APPLICATION BY THE BOARD. FOR A REVISED APPLICATION RESUBMITTED
13 FOR THE 1997-1998 SCHOOL YEAR, THE BOARD SHALL CONSIDER THE
14 APPLICATION AT THE FIRST BOARD MEETING OCCURRING AT LEAST THIRTY
15 (30) DAYS AFTER ITS RECEIPT. THE BOARD SHALL PROVIDE NOTICE OF
16 CONSIDERATION OF THE REVISED APPLICATION UNDER THE "SUNSHINE
17 ACT." NO APPEAL FROM A DECISION OF A LOCAL SCHOOL BOARD MAY BE
18 TAKEN UNTIL JULY 1, 1999.
19 (G) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (E)(5),
20 FAILURE BY THE LOCAL BOARD OF DIRECTORS TO HOLD A PUBLIC HEARING
21 AND TO GRANT OR DENY THE APPLICATION FOR A CHARTER SCHOOL WITHIN
22 THE TIME PERIODS SPECIFIED IN SUBSECTIONS (D), (E) AND (F) SHALL
23 PERMIT THE APPLICANT FOR A CHARTER TO FILE ITS APPLICATION AS AN
24 APPEAL TO THE APPEAL BOARD. IN SUCH CASE, THE APPEAL BOARD SHALL
25 REVIEW THE APPLICATION AND MAKE A DECISION TO GRANT OR DENY A
26 CHARTER BASED ON THE CRITERIA ESTABLISHED IN SUBSECTION (E)(2).
27 (H) IN THE CASE OF A REVIEW BY THE APPEAL BOARD OF AN
28 APPLICATION THAT IS REVOKED OR IS NOT RENEWED THE APPEAL BOARD
29 SHALL MAKE ITS DECISION BASED ON THE CRITERIA ESTABLISHED IN
30 SUBSECTION (E)(2). A DECISION BY THE APPEAL BOARD UNDER THIS
19970S0123B1174 - 26 -
1 SUBSECTION OR SUBSECTION (G) TO GRANT, TO RENEW OR NOT TO REVOKE
2 A CHARTER SHALL SERVE AS A REQUIREMENT FOR THE LOCAL BOARD OF
3 DIRECTORS OF A SCHOOL DISTRICT OR SCHOOL DISTRICTS, AS
4 APPROPRIATE, TO SIGN THE WRITTEN CHARTER OF THE CHARTER SCHOOL
5 AS PROVIDED FOR IN SECTION 1720-A. SHOULD THE LOCAL BOARD OF
6 DIRECTORS FAIL TO GRANT THE APPLICATION AND SIGN THE CHARTER
7 WITHIN TEN (10) DAYS OF NOTICE OF REVERSAL OF THE DECISION OF
8 THE LOCAL BOARD OF DIRECTORS, THE CHARTER SHALL BE DEEMED TO BE
9 APPROVED AND SHALL BE SIGNED BY THE CHAIRMAN OF THE APPEAL
10 BOARD.
11 (I) (1) THE APPEAL BOARD SHALL HAVE THE EXCLUSIVE REVIEW OF
12 AN APPEAL BY A CHARTER SCHOOL APPLICANT, OR BY THE BOARD OF
13 TRUSTEES OF AN EXISTING CHARTER SCHOOL, OF A DECISION MADE BY A
14 LOCAL BOARD OF DIRECTORS NOT TO GRANT A CHARTER AS PROVIDED IN
15 THIS SECTION.
16 (2) IN ORDER FOR A CHARTER SCHOOL APPLICANT TO BE ELIGIBLE
17 TO APPEAL THE DENIAL OF A CHARTER BY THE LOCAL BOARD OF
18 DIRECTORS, THE APPLICANT MUST OBTAIN THE SIGNATURES OF AT LEAST
19 TWO PER CENTUM OF THE RESIDENTS OF THE SCHOOL DISTRICT OR OF ONE
20 THOUSAND (1,000) RESIDENTS, WHICHEVER IS LESS, WHO ARE OVER
21 EIGHTEEN (18) YEARS OF AGE. FOR A REGIONAL CHARTER SCHOOL, THE
22 APPLICANT MUST OBTAIN THE SIGNATURES OF AT LEAST TWO PER CENTUM
23 OF THE RESIDENTS OF EACH SCHOOL DISTRICT GRANTING THE CHARTER OR
24 OF ONE THOUSAND (1,000) RESIDENTS FROM EACH OF THE SCHOOL
25 DISTRICTS GRANTING THE CHARTER, WHICHEVER IS LESS, WHO ARE OVER
26 EIGHTEEN (18) YEARS OF AGE. THE SIGNATURES SHALL BE OBTAINED
27 WITHIN SIXTY (60) DAYS OF THE DENIAL OF THE APPLICATION BY THE
28 LOCAL BOARD OF DIRECTORS IN ACCORDANCE WITH CLAUSE (3).
29 (3) EACH PERSON SIGNING A PETITION TO APPEAL DENIAL OF A
30 CHARTER UNDER CLAUSE (2) SHALL DECLARE THAT HE OR SHE IS A
19970S0123B1174 - 27 -
1 RESIDENT OF THE SCHOOL DISTRICT WHICH DENIED THE CHARTER
2 APPLICATION AND SHALL INCLUDE HIS OR HER PRINTED NAME;
3 SIGNATURE; ADDRESS, INCLUDING CITY, BOROUGH OR TOWNSHIP, WITH
4 STREET AND NUMBER, IF ANY; AND THE DATE OF SIGNING. ALL PAGES
5 SHALL BE BOUND TOGETHER. ADDITIONAL PAGES OF THE PETITION SHALL
6 BE NUMBERED CONSECUTIVELY. THERE SHALL BE APPENDED TO THE
7 PETITION A STATEMENT THAT THE LOCAL BOARD OF DIRECTORS REJECTED
8 THE PETITION FOR A CHARTER SCHOOL, THE NAMES OF ALL APPLICANTS
9 FOR THE CHARTER, THE DATE OF DENIAL BY THE BOARD AND THE
10 PROPOSED LOCATION OF THE CHARTER SCHOOL. NO RESIDENT MAY SIGN
11 MORE THAN ONE PETITION RELATING TO THE CHARTER SCHOOL
12 APPLICATION WITHIN THE SIXTY (60) DAYS FOLLOWING DENIAL OF THE
13 APPLICATION. THE DEPARTMENT SHALL DEVELOP A FORM TO BE USED TO
14 PETITION FOR AN APPEAL.
15 (4) EACH PETITION SHALL HAVE APPENDED THERETO THE AFFIDAVIT
16 OF SOME PERSON, NOT NECESSARILY A SIGNER, SETTING FORTH ALL OF
17 THE FOLLOWING:
18 (I) THAT THE AFFIANT IS A RESIDENT OF THE SCHOOL DISTRICT
19 REFERRED TO IN THE PETITION.
20 (II) THE AFFIANT'S RESIDENCE, GIVING CITY, BOROUGH OR
21 TOWNSHIP, WITH STREET AND NUMBER, IF ANY.
22 (III) THAT THE SIGNERS SIGNED WITH FULL KNOWLEDGE OF THE
23 PURPOSE OF THE PETITION.
24 (IV) THAT THE SIGNERS' RESPECTIVE RESIDENCES ARE CORRECTLY
25 STATED IN THE PETITION.
26 (V) THAT THE SIGNERS ALL RESIDE IN THE SCHOOL DISTRICT.
27 (VI) THAT EACH SIGNER SIGNED ON THE DATE SET FORTH OPPOSITE
28 THE SIGNER'S NAME.
29 (VII) THAT, TO THE BEST OF THE AFFIANT'S KNOWLEDGE AND
30 BELIEF, THE SIGNERS ARE RESIDENTS OF THE SCHOOL DISTRICT.
19970S0123B1174 - 28 -
1 (5) IF THE REQUIRED NUMBER OF SIGNATURES ARE OBTAINED WITHIN
2 SIXTY (60) DAYS OF THE DENIAL OF THE APPLICATION, THE APPLICANT
3 MAY PRESENT THE PETITION TO THE COURT OF COMMON PLEAS OF THE
4 COUNTY IN WHICH THE CHARTER SCHOOL WOULD BE SITUATED. THE COURT
5 SHALL HOLD A HEARING ONLY ON THE SUFFICIENCY OF THE PETITION.
6 THE APPLICANT AND LOCAL BOARD OF SCHOOL DIRECTORS SHALL BE GIVEN
7 SEVEN (7) DAYS' NOTICE OF THE HEARING. THE COURT SHALL ISSUE A
8 DECREE ESTABLISHING THE SUFFICIENCY OR INSUFFICIENCY OF THE
9 PETITION. IF THE PETITION IS SUFFICIENT, THE DECREE SHALL BE
10 TRANSMITTED TO THE STATE CHARTER SCHOOL APPEAL BOARD FOR REVIEW
11 IN ACCORDANCE WITH THIS SECTION. NOTIFICATION OF THE DECREE
12 SHALL BE GIVEN TO THE APPLICANT AND THE LOCAL BOARD OF
13 DIRECTORS.
14 (6) IN ANY APPEAL, THE DECISION MADE BY THE LOCAL BOARD OF
15 DIRECTORS SHALL BE REVIEWED BY THE APPEAL BOARD ON THE RECORD AS
16 CERTIFIED BY THE LOCAL BOARD OF DIRECTORS. THE APPEAL BOARD
17 SHALL GIVE DUE CONSIDERATION TO THE FINDINGS OF THE LOCAL BOARD
18 OF DIRECTORS AND SPECIFICALLY ARTICULATE ITS REASONS FOR
19 AGREEING OR DISAGREEING WITH THOSE FINDINGS IN ITS WRITTEN
20 DECISION. THE APPEAL BOARD SHALL HAVE THE DISCRETION TO ALLOW
21 THE LOCAL BOARD OF DIRECTORS AND THE CHARTER SCHOOL APPLICANT TO
22 SUPPLEMENT THE RECORD IF THE SUPPLEMENTAL INFORMATION WAS
23 PREVIOUSLY UNAVAILABLE.
24 (7) NOT LATER THAN THIRTY (30) DAYS AFTER THE DATE OF NOTICE
25 OF THE ACCEPTANCE OF THE APPEAL, THE APPEAL BOARD SHALL MEET TO
26 OFFICIALLY REVIEW THE CERTIFIED RECORD.
27 (8) NOT LATER THAN SIXTY (60) DAYS FOLLOWING THE REVIEW
28 CONDUCTED PURSUANT TO CLAUSE (6), THE APPEAL BOARD SHALL ISSUE A
29 WRITTEN DECISION AFFIRMING OR DENYING THE APPEAL. IF THE APPEAL
30 BOARD HAS AFFIRMED THE DECISION OF THE LOCAL BOARD OF DIRECTORS,
19970S0123B1174 - 29 -
1 NOTICE SHALL BE PROVIDED TO BOTH PARTIES.
2 (9) A DECISION OF THE APPEAL BOARD TO REVERSE THE DECISION
3 OF THE LOCAL BOARD OF DIRECTORS SHALL SERVE AS A REQUIREMENT FOR
4 THE LOCAL BOARD OF DIRECTORS OF A SCHOOL DISTRICT OR SCHOOL
5 DISTRICTS, AS APPROPRIATE, TO GRANT THE APPLICATION AND SIGN THE
6 WRITTEN CHARTER OF THE CHARTER SCHOOL AS PROVIDED FOR IN SECTION
7 1720-A. SHOULD THE LOCAL BOARD OF DIRECTORS FAIL TO GRANT THE
8 APPLICATION AND SIGN THE CHARTER WITHIN TEN (10) DAYS OF NOTICE
9 OF THE REVERSAL OF THE DECISION OF THE LOCAL BOARD OF DIRECTORS,
10 THE CHARTER SHALL BE DEEMED TO BE APPROVED AND SHALL BE SIGNED
11 BY THE CHAIRMAN OF THE APPEAL BOARD.
12 (10) ALL DECISIONS OF THE APPEAL BOARD SHALL BE SUBJECT TO
13 APPELLATE REVIEW BY THE COMMONWEALTH COURT.
14 SECTION 1718-A. REGIONAL CHARTER SCHOOL.--(A) A REGIONAL
15 CHARTER SCHOOL MAY BE ESTABLISHED BY AN INDIVIDUAL, ONE OR MORE
16 TEACHERS WHO WILL TEACH AT THE PROPOSED CHARTER SCHOOL; PARENTS
17 OR GUARDIANS OF STUDENTS WHO WILL ATTEND THE CHARTER SCHOOL; ANY
18 NONSECTARIAN COLLEGE, UNIVERSITY OR MUSEUM LOCATED IN THIS
19 COMMONWEALTH; ANY NONSECTARIAN CORPORATION NOT-FOR-PROFIT, AS
20 DEFINED IN 15 PA.C.S. (RELATING TO CORPORATIONS AND
21 UNINCORPORATED ASSOCIATIONS); ANY CORPORATION; ASSOCIATION;
22 PARTNERSHIP; OR ANY COMBINATION THEREOF. A REGIONAL CHARTER
23 SCHOOL MAY BE ESTABLISHED BY CREATING A NEW SCHOOL OR BY
24 CONVERTING AN EXISTING PUBLIC SCHOOL OR A PORTION OF AN EXISTING
25 PUBLIC SCHOOL. CONVERSION OF AN EXISTING PUBLIC SCHOOL TO A
26 REGIONAL CHARTER SCHOOL SHALL BE ACCOMPLISHED IN ACCORDANCE WITH
27 SECTION 1714-A(B). NO REGIONAL CHARTER SCHOOL SHALL BE
28 ESTABLISHED OR FUNDED BY AND NO CHARTER SHALL BE GRANTED TO ANY
29 SECTARIAN SCHOOL, INSTITUTION OR OTHER ENTITY.
30 (B) THE BOARDS OF SCHOOL DIRECTORS OF ONE OR MORE SCHOOL
19970S0123B1174 - 30 -
1 DISTRICTS MAY ACT JOINTLY TO RECEIVE AND CONSIDER AN APPLICATION
2 FOR A REGIONAL CHARTER SCHOOL, EXCEPT THAT ANY ACTION TO APPROVE
3 AN APPLICATION FOR A CHARTER OR TO SIGN A WRITTEN CHARTER OF AN
4 APPLICANT SHALL REQUIRE AN AFFIRMATIVE VOTE OF A MAJORITY OF ALL
5 THE DIRECTORS OF EACH OF THE SCHOOL DISTRICTS INVOLVED. THE
6 APPLICANT SHALL APPLY FOR A CHARTER TO THE BOARD OF DIRECTORS OF
7 ANY SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL WILL BE LOCATED.
8 (C) THE PROVISIONS OF THIS ARTICLE AS THEY PERTAIN TO
9 CHARTER SCHOOLS AND THE POWERS AND DUTIES OF THE LOCAL BOARD OF
10 SCHOOL DIRECTORS OF A SCHOOL DISTRICT AND THE APPEAL BOARD SHALL
11 APPLY TO REGIONAL CHARTER SCHOOLS, EXCEPT AS PROVIDED IN
12 SUBSECTIONS (A) AND (B) OR AS OTHERWISE CLEARLY STATED IN THIS
13 ARTICLE.
14 SECTION 1719-A. CONTENTS OF APPLICATION.--AN APPLICATION TO
15 ESTABLISH A CHARTER SCHOOL SHALL INCLUDE ALL OF THE FOLLOWING
16 INFORMATION:
17 (1) THE IDENTIFICATION OF THE CHARTER APPLICANT.
18 (2) THE NAME OF THE PROPOSED CHARTER SCHOOL.
19 (3) THE GRADE OR AGE LEVELS SERVED BY THE SCHOOL.
20 (4) THE PROPOSED GOVERNANCE STRUCTURE OF THE CHARTER SCHOOL,
21 INCLUDING A DESCRIPTION AND METHOD FOR THE APPOINTMENT OR
22 ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES.
23 (5) THE MISSION AND EDUCATION GOALS OF THE CHARTER SCHOOL,
24 THE CURRICULUM TO BE OFFERED AND THE METHODS OF ASSESSING
25 WHETHER STUDENTS ARE MEETING EDUCATIONAL GOALS.
26 (6) THE ADMISSION POLICY AND CRITERIA FOR EVALUATING THE
27 ADMISSION OF STUDENTS WHICH SHALL COMPLY WITH THE REQUIREMENTS
28 OF SECTION 1723-A.
29 (7) PROCEDURES WHICH WILL BE USED REGARDING THE SUSPENSION
30 OR EXPULSION OF PUPILS. SAID PROCEDURES SHALL COMPLY WITH
19970S0123B1174 - 31 -
1 SECTION 1318.
2 (8) INFORMATION ON THE MANNER IN WHICH COMMUNITY GROUPS WILL
3 BE INVOLVED IN THE CHARTER SCHOOL PLANNING PROCESS.
4 (9) THE FINANCIAL PLAN FOR THE CHARTER SCHOOL AND THE
5 PROVISIONS WHICH WILL BE MADE FOR AUDITING THE SCHOOL UNDER
6 SECTION 437.
7 (10) PROCEDURES WHICH SHALL BE ESTABLISHED TO REVIEW
8 COMPLAINTS OF PARENTS REGARDING THE OPERATION OF THE CHARTER
9 SCHOOL.
10 (11) A DESCRIPTION OF AND ADDRESS OF THE PHYSICAL FACILITY
11 IN WHICH THE CHARTER SCHOOL WILL BE LOCATED AND THE OWNERSHIP
12 THEREOF AND ANY LEASE ARRANGEMENTS.
13 (12) INFORMATION ON THE PROPOSED SCHOOL CALENDAR FOR THE
14 CHARTER SCHOOL, INCLUDING THE LENGTH OF THE SCHOOL DAY AND
15 SCHOOL YEAR CONSISTENT WITH THE PROVISIONS OF SECTION 1502.
16 (13) THE PROPOSED FACULTY AND A PROFESSIONAL DEVELOPMENT
17 PLAN FOR THE FACULTY OF A CHARTER SCHOOL.
18 (14) WHETHER ANY AGREEMENTS HAVE BEEN ENTERED INTO OR PLANS
19 DEVELOPED WITH THE LOCAL SCHOOL DISTRICT REGARDING PARTICIPATION
20 OF THE CHARTER SCHOOL STUDENTS IN EXTRACURRICULAR ACTIVITIES
21 WITHIN THE SCHOOL DISTRICT. NOTWITHSTANDING ANY PROVISION TO THE
22 CONTRARY, NO SCHOOL DISTRICT OF RESIDENCE SHALL PROHIBIT A
23 STUDENT OF A CHARTER SCHOOL FROM PARTICIPATING IN ANY
24 EXTRACURRICULAR ACTIVITY OF THAT SCHOOL DISTRICT OF RESIDENCE:
25 PROVIDED, THAT THE STUDENT IS ABLE TO FULFILL ALL OF THE
26 REQUIREMENTS OF PARTICIPATION IN SUCH ACTIVITY AND THE CHARTER
27 SCHOOL DOES NOT PROVIDE THE SAME EXTRACURRICULAR ACTIVITY.
28 (15) A REPORT OF CRIMINAL HISTORY RECORD, PURSUANT TO
29 SECTION 111, FOR ALL INDIVIDUALS WHO SHALL HAVE DIRECT CONTACT
30 WITH STUDENTS.
19970S0123B1174 - 32 -
1 (16) AN OFFICIAL CLEARANCE STATEMENT REGARDING CHILD INJURY
2 OR ABUSE FROM THE DEPARTMENT OF PUBLIC WELFARE AS REQUIRED BY 23
3 PA.C.S. CH. 63 SUBCH. C.2 (RELATING TO BACKGROUND CHECKS FOR
4 EMPLOYMENT IN SCHOOLS) FOR ALL INDIVIDUALS WHO SHALL HAVE DIRECT
5 CONTACT WITH STUDENTS.
6 (17) HOW THE CHARTER SCHOOL WILL PROVIDE ADEQUATE LIABILITY
7 AND OTHER APPROPRIATE INSURANCE FOR THE CHARTER SCHOOL, ITS
8 EMPLOYES AND THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL.
9 SECTION 1720-A. TERM AND FORM OF CHARTER.--UPON APPROVAL OF
10 A CHARTER APPLICATION UNDER SECTION 1717-A, A WRITTEN CHARTER
11 SHALL BE DEVELOPED WHICH SHALL CONTAIN THE PROVISIONS OF THE
12 CHARTER APPLICATION AND WHICH SHALL BE SIGNED BY THE LOCAL BOARD
13 OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT, BY THE LOCAL BOARDS OF
14 SCHOOL DIRECTORS OF A SCHOOL DISTRICT IN THE CASE OF A REGIONAL
15 CHARTER SCHOOL, OR BY THE CHAIRMAN OF THE APPEAL BOARD PURSUANT
16 TO SECTION 1717-A(I)(5) AND THE BOARD OF TRUSTEES OF THE CHARTER
17 SCHOOL. THIS WRITTEN CHARTER, WHEN DULY SIGNED BY THE LOCAL
18 BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT, OR BY THE LOCAL
19 BOARDS OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT IN THE CASE OF A
20 REGIONAL CHARTER SCHOOL, AND THE CHARTER SCHOOL'S BOARD OF
21 TRUSTEES SHALL ACT AS LEGAL AUTHORIZATION FOR THE ESTABLISHMENT
22 OF A CHARTER SCHOOL. THIS WRITTEN CHARTER SHALL BE LEGALLY
23 BINDING ON BOTH THE LOCAL BOARD OF SCHOOL DIRECTORS OF A SCHOOL
24 DISTRICT AND THE CHARTER SCHOOL'S BOARD OF TRUSTEES. THE CHARTER
25 SHALL BE FOR A PERIOD OF NO LESS THAN THREE (3), NOR MORE THAN
26 FIVE (5) YEARS, AND MAY BE RENEWED FOR FIVE (5) YEAR PERIODS
27 UPON REAUTHORIZATION BY THE LOCAL BOARD OF SCHOOL DIRECTORS OF A
28 SCHOOL DISTRICT OR THE APPEAL BOARD. A CHARTER WILL BE GRANTED
29 ONLY FOR A SCHOOL ORGANIZED AS A PUBLIC, NONPROFIT CORPORATION.
30 SECTION 1721-A. STATE CHARTER SCHOOL APPEAL BOARD.--(A) THE
19970S0123B1174 - 33 -
1 STATE CHARTER SCHOOL APPEAL BOARD SHALL CONSIST OF THE SECRETARY
2 OF EDUCATION AND SIX (6) MEMBERS WHO SHALL BE APPOINTED BY THE
3 GOVERNOR BY AND WITH THE CONSENT OF A MAJORITY OF ALL THE
4 MEMBERS OF THE SENATE. APPOINTMENTS BY THE GOVERNOR SHALL NOT
5 OCCUR PRIOR TO JANUARY 1, 1999. THE GOVERNOR SHALL SELECT THE
6 CHAIRMAN OF THE APPEAL BOARD TO SERVE AT THE PLEASURE OF THE
7 GOVERNOR. THE MEMBERS SHALL INCLUDE:
8 (1) A PARENT OF A SCHOOL-AGED CHILD.
9 (2) A SCHOOL BOARD MEMBER.
10 (3) A CERTIFIED TEACHER ACTIVELY EMPLOYED IN A PUBLIC
11 SCHOOL.
12 (4) A FACULTY MEMBER OR ADMINISTRATIVE EMPLOYE OF AN
13 INSTITUTION OF HIGHER EDUCATION.
14 (5) A MEMBER OF THE BUSINESS COMMUNITY.
15 (6) A MEMBER OF THE STATE BOARD OF EDUCATION.
16 THE TERM OF OFFICE OF MEMBERS OF THE APPEAL BOARD, OTHER THAN
17 THE SECRETARY, SHALL BE FOR A PERIOD OF FOUR (4) YEARS OR UNTIL
18 A SUCCESSOR IS APPOINTED AND QUALIFIED EXCEPT THAT OF THE
19 INITIAL APPOINTEES, THE GOVERNOR SHALL DESIGNATE TWO (2) MEMBERS
20 TO SERVE TERMS OF TWO (2) YEARS, TWO (2) MEMBERS TO SERVE TERMS
21 OF THREE (3) YEARS AND TWO (2) MEMBERS TO SERVE TERMS OF FOUR
22 (4) YEARS. ANY APPOINTMENT TO FILL ANY VACANCY SHALL BE FOR THE
23 PERIOD OF THE UNEXPIRED TERM OR UNTIL A SUCCESSOR IS APPOINTED
24 AND QUALIFIED.
25 (B) THE APPEAL BOARD SHALL MEET AS NEEDED TO FULFILL THE
26 PURPOSES PROVIDED IN THIS SUBSECTION. A MAJORITY OF THE MEMBERS
27 OF THE APPEAL BOARD SHALL CONSTITUTE A QUORUM, AND A MAJORITY OF
28 THE MEMBERS OF THE APPEAL BOARD SHALL HAVE AUTHORITY TO ACT UPON
29 ANY MATTER PROPERLY BEFORE THE APPEAL BOARD. THE APPEAL BOARD IS
30 AUTHORIZED TO ESTABLISH RULES FOR ITS OPERATION.
19970S0123B1174 - 34 -
1 (C) THE MEMBERS SHALL RECEIVE NO PAYMENT FOR THEIR SERVICES.
2 MEMBERS WHO ARE NOT EMPLOYES OF STATE GOVERNMENT SHALL BE
3 REIMBURSED FOR EXPENSES INCURRED IN THE COURSE OF THEIR OFFICIAL
4 DUTIES FROM FUNDS APPROPRIATED FOR THE GENERAL GOVERNMENT
5 OPERATIONS OF THE DEPARTMENT.
6 (D) THE DEPARTMENT SHALL PROVIDE ASSISTANCE AND STAFFING FOR
7 THE APPEAL BOARD. THE GOVERNOR, THROUGH THE GOVERNOR'S GENERAL
8 COUNSEL, SHALL PROVIDE SUCH LEGAL ADVICE AND ASSISTANCE AS THE
9 APPEAL BOARD MAY REQUIRE.
10 (E) MEETINGS OF THE APPEAL BOARD SHALL BE CONDUCTED UNDER
11 THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS THE "SUNSHINE
12 ACT." DOCUMENTS OF THE APPEAL BOARD SHALL BE SUBJECT TO THE ACT
13 OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-
14 KNOW LAW.
15 SECTION 1722-A. FACILITIES.--(A) A CHARTER SCHOOL MAY BE
16 LOCATED IN AN EXISTING PUBLIC SCHOOL BUILDING, IN A PART OF AN
17 EXISTING PUBLIC SCHOOL BUILDING, IN SPACE PROVIDED ON A
18 PRIVATELY OWNED SITE, IN A PUBLIC BUILDING OR IN ANY OTHER
19 SUITABLE LOCATION.
20 (B) THE CHARTER SCHOOL FACILITY SHALL BE EXEMPT FROM PUBLIC
21 SCHOOL FACILITY REGULATIONS, EXCEPT THOSE PERTAINING TO THE
22 HEALTH OR SAFETY OF THE PUPILS.
23 (C) A CHARTER SCHOOL SHALL NOT CONSTRUCT A FACILITY WITH
24 PUBLIC FUNDS RECEIVED FROM THE DEPARTMENT OR A LOCAL SCHOOL
25 DISTRICT.
26 SECTION 1723-A. ENROLLMENT.--(A) ALL RESIDENT CHILDREN IN
27 THIS COMMONWEALTH QUALIFY FOR ADMISSION TO A CHARTER SCHOOL
28 WITHIN THE PROVISIONS OF SUBSECTION (B). IF MORE STUDENTS APPLY
29 TO THE CHARTER SCHOOL THAN THE NUMBER OF ATTENDANCE SLOTS
30 AVAILABLE IN THE SCHOOL, THEN STUDENTS MUST BE SELECTED ON A
19970S0123B1174 - 35 -
1 RANDOM BASIS FROM A POOL OF QUALIFIED APPLICANTS MEETING THE
2 ESTABLISHED ELIGIBILITY CRITERIA AND SUBMITTING AN APPLICATION
3 BY THE DEADLINE ESTABLISHED BY THE CHARTER SCHOOL, EXCEPT THAT
4 THE CHARTER SCHOOL MAY GIVE PREFERENCE IN ENROLLMENT TO A CHILD
5 OF A PARENT WHO HAS ACTIVELY PARTICIPATED IN THE DEVELOPMENT OF
6 THE CHARTER SCHOOL AND TO SIBLINGS OF STUDENTS PRESENTLY
7 ENROLLED IN THE CHARTER SCHOOL. FIRST PREFERENCE SHALL BE GIVEN
8 TO STUDENTS WHO RESIDE IN THE DISTRICT OR DISTRICTS.
9 (B) (1) A CHARTER SCHOOL SHALL NOT DISCRIMINATE IN ITS
10 ADMISSION POLICIES OR PRACTICES ON THE BASIS OF INTELLECTUAL
11 ABILITY, EXCEPT AS PROVIDED IN PARAGRAPH (2), OR ATHLETIC
12 ABILITY, MEASURES OF ACHIEVEMENT OR APTITUDE, STATUS AS A PERSON
13 WITH A DISABILITY, PROFICIENCY IN THE ENGLISH LANGUAGE OR ANY
14 OTHER BASIS THAT WOULD BE ILLEGAL IF USED BY A SCHOOL DISTRICT.
15 (2) A CHARTER SCHOOL MAY LIMIT ADMISSION TO A PARTICULAR
16 GRADE LEVEL OR AREAS OF CONCENTRATION OF THE SCHOOL SUCH AS
17 MATHEMATICS, SCIENCE OR THE ARTS. A CHARTER SCHOOL MAY ESTABLISH
18 REASONABLE CRITERIA TO EVALUATE PROSPECTIVE STUDENTS WHICH SHALL
19 BE OUTLINED IN THE SCHOOL'S CHARTER.
20 (C) IF AVAILABLE CLASSROOM SPACE PERMITS, A CHARTER SCHOOL
21 MAY ENROLL NONRESIDENT STUDENTS ON A SPACE-AVAILABLE BASIS, AND
22 THE STUDENT'S DISTRICT OF RESIDENCE SHALL PERMIT THE STUDENT TO
23 ATTEND THE CHARTER SCHOOL. THE TERMS AND CONDITIONS OF THE
24 ENROLLMENT SHALL BE OUTLINED IN THE SCHOOL'S CHARTER.
25 SECTION 1724-A. SCHOOL STAFF.--(A) THE BOARD OF TRUSTEES
26 SHALL DETERMINE THE LEVEL OF COMPENSATION AND ALL TERMS AND
27 CONDITIONS OF EMPLOYMENT OF THE STAFF, EXCEPT AS MAY OTHERWISE
28 BE PROVIDED IN THIS ARTICLE. AT LEAST SEVENTY-FIVE PER CENTUM OF
29 THE PROFESSIONAL STAFF MEMBERS OF A CHARTER SCHOOL SHALL HOLD
30 APPROPRIATE STATE CERTIFICATION. EMPLOYES OF A CHARTER SCHOOL
19970S0123B1174 - 36 -
1 MAY ORGANIZE UNDER THE ACT OF JULY 23, 1970 (P.L.563, NO.195),
2 KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT." THE BOARD OF
3 TRUSTEES OF A CHARTER SCHOOL SHALL BE CONSIDERED AN EMPLOYER FOR
4 THE PURPOSES OF ARTICLE XI-A. UPON FORMATION OF ONE OR MORE
5 COLLECTIVE BARGAINING UNITS AT THE SCHOOL, THE BOARD OF TRUSTEES
6 SHALL BARGAIN WITH THE EMPLOYES BASED ON THE PROVISIONS OF THIS
7 ARTICLE, ARTICLE XI-A AND THE "PUBLIC EMPLOYE RELATIONS ACT."
8 COLLECTIVE BARGAINING UNITS AT A CHARTER SCHOOL SHALL BE
9 SEPARATE FROM ANY COLLECTIVE BARGAINING UNIT OF THE SCHOOL
10 DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED AND SHALL BE
11 SEPARATE FROM ANY OTHER COLLECTIVE BARGAINING UNIT. A CHARTER
12 SCHOOL SHALL BE CONSIDERED A SCHOOL ENTITY AS PROVIDED FOR IN
13 SECTION 1161-A FOR PURPOSE OF THE SECRETARY SEEKING AN
14 INJUNCTION REQUIRING THE CHARTER SCHOOL TO MEET THE MINIMUM
15 REQUIREMENTS FOR INSTRUCTION AS PROVIDED FOR IN THIS ARTICLE.
16 (B) EACH CHARTER APPLICATION SHALL LIST THE GENERAL
17 QUALIFICATIONS NEEDED TO STAFF ANY NONCERTIFIED POSITIONS.
18 PROFESSIONAL EMPLOYEES WHO DO NOT HOLD APPROPRIATE PENNSYLVANIA
19 CERTIFICATION MUST PRESENT EVIDENCE THAT THEY:
20 (I) MEET THE QUALIFICATIONS IN SECTIONS 1109 AND 1209 OF THE
21 PUBLIC SCHOOL CODE.
22 (II) HAVE DEMONSTRATED SATISFACTORILY A COMBINATION OF
23 EXPERIENCE, ACHIEVEMENT AND QUALIFICATIONS AS DEFINED IN THE
24 CHARTER SCHOOL APPLICATION IN BASIC SKILLS, GENERAL KNOWLEDGE,
25 PROFESSIONAL KNOWLEDGE AND PRACTICE AND SUBJECT MATTER KNOWLEDGE
26 IN THE SUBJECT AREA WHERE AN INDIVIDUAL WILL TEACH.
27 (C) ALL EMPLOYES OF A CHARTER SCHOOL SHALL BE ENROLLED IN
28 THE PUBLIC SCHOOL EMPLOYEE'S RETIREMENT SYSTEM IN THE SAME
29 MANNER AS SET FORTH IN 24 PA.C.S. § 8301(A) (RELATING TO
30 MANDATORY AND OPTIONAL MEMBERSHIP) UNLESS AT THE TIME OF THE
19970S0123B1174 - 37 -
1 APPLICATION FOR THE CHARTER SCHOOL THE SPONSORING DISTRICT OR
2 THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL HAS A RETIREMENT
3 PROGRAM WHICH COVERS THE EMPLOYES OR THE EMPLOYE IS CURRENTLY
4 ENROLLED IN ANOTHER RETIREMENT PROGRAM. THE COMMONWEALTH SHALL
5 MAKE CONTRIBUTIONS ON BEHALF OF CHARTER SCHOOL EMPLOYES AND THE
6 CHARTER SCHOOL SHALL BE CONSIDERED A SCHOOL DISTRICT AND SHALL
7 MAKE PAYMENTS BY EMPLOYERS AND PAYMENTS ON ACCOUNT OF SOCIAL
8 SECURITY AS ESTABLISHED UNDER 24 PA.C.S. PT. IV (RELATING TO
9 RETIREMENT FOR SCHOOL EMPLOYEES). FOR PURPOSES OF PAYMENTS BY
10 EMPLOYERS A CHARTER SCHOOL SHALL BE CONSIDERED A SCHOOL DISTRICT
11 UNDER 24 PA.C.S. § 8329(A)(1) (RELATING TO PAYMENTS ON ACCOUNT
12 OF SOCIAL SECURITY DEDUCTIONS FROM APPROPRIATIONS). THE MARKET
13 VALUE/INCOME AID RATIO USED IN CALCULATING PAYMENTS AS
14 PRESCRIBED IN THIS SUBSECTION SHALL BE THE MARKET VALUE/INCOME
15 AID RATIO FOR THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS
16 LOCATED OR, IN THE CASE OF A REGIONAL CHARTER SCHOOL, SHALL BE A
17 COMPOSITE MARKET VALUE/INCOME AID RATIO FOR THE PARTICIPATING
18 SCHOOL DISTRICTS AS DETERMINED BY THE DEPARTMENT. EXCEPT AS
19 OTHERWISE PROVIDED, EMPLOYES OF A CHARTER SCHOOL SHALL MAKE
20 REGULAR MEMBER CONTRIBUTIONS AS REQUIRED FOR ACTIVE MEMBERS
21 UNDER 24 PA.C.S. PT. IV. IF THE EMPLOYES OF THE CHARTER SCHOOL
22 PARTICIPATE IN ANOTHER RETIREMENT PLAN, THEN THOSE EMPLOYES
23 SHALL HAVE NO CONCURRENT CLAIM ON THE BENEFITS PROVIDED TO
24 PUBLIC SCHOOL EMPLOYES UNDER 24 PA.C.S. PT. IV. FOR PURPOSES OF
25 THIS SUBSECTION, A CHARTER SCHOOL SHALL BE DEEMED TO BE A
26 "PUBLIC SCHOOL" AS DEFINED IN 24 PA.C.S. § 8102 (RELATING TO
27 DEFINITIONS).
28 (D) EVERY EMPLOYE OF A CHARTER SCHOOL SHALL BE PROVIDED THE
29 SAME HEALTH CARE BENEFITS AS THE EMPLOYE WOULD BE PROVIDED IF HE
30 OR SHE WERE AN EMPLOYE OF THE LOCAL DISTRICT. THE LOCAL BOARD OF
19970S0123B1174 - 38 -
1 SCHOOL DIRECTORS MAY REQUIRE THE CHARTER SCHOOL TO PROVIDE THE
2 SAME TERMS AND CONDITIONS WITH REGARD TO HEALTH INSURANCE AS THE
3 COLLECTIVE BARGAINING AGREEMENT OF THE SCHOOL DISTRICT TO
4 INCLUDE EMPLOYE CONTRIBUTIONS TO THE DISTRICT'S HEALTH BENEFITS
5 PLAN. THE CHARTER SCHOOL SHALL MAKE ANY REQUIRED EMPLOYER'S
6 CONTRIBUTION TO THE DISTRICT'S HEALTH PLAN TO AN INSURER, A
7 LOCAL BOARD OF SCHOOL DIRECTORS OR A CONTRACTUAL REPRESENTATIVE
8 OF SCHOOL EMPLOYES, WHICHEVER IS APPROPRIATE TO PROVIDE THE
9 REQUIRED COVERAGE.
10 (E) ANY PUBLIC SCHOOL EMPLOYE OF A SCHOOL ENTITY MAY REQUEST
11 A LEAVE OF ABSENCE FOR UP TO FIVE (5) YEARS IN ORDER TO WORK IN
12 A CHARTER SCHOOL LOCATED IN THE DISTRICT OF EMPLOYMENT OR IN A
13 REGIONAL CHARTER SCHOOL IN WHICH THE EMPLOYING SCHOOL DISTRICT
14 IS A PARTICIPANT. APPROVAL FOR A LEAVE SHALL NOT BE UNREASONABLY
15 WITHHELD.
16 (F) TEMPORARY PROFESSIONAL EMPLOYES ON LEAVE FROM A SCHOOL
17 DISTRICT MAY ACCRUE TENURE IN THE NON-CHARTER PUBLIC SCHOOL
18 SYSTEM AT THE DISCRETION OF THE LOCAL BOARD OF SCHOOL DIRECTORS,
19 THE SAME AS THEY WOULD UNDER ARTICLE XI IF THEY HAD CONTINUED TO
20 BE EMPLOYED BY THAT DISTRICT. PROFESSIONAL EMPLOYES ON LEAVE
21 FROM A SCHOOL DISTRICT SHALL RETAIN THEIR TENURE RIGHTS, AS
22 DEFINED IN ARTICLE XI, IN THE SCHOOL ENTITY FROM WHICH THEY
23 CAME. NO TEMPORARY PROFESSIONAL EMPLOYE OR PROFESSIONAL EMPLOYE
24 SHALL HAVE TENURE RIGHTS AS AGAINST A CHARTER SCHOOL. BOTH
25 TEMPORARY PROFESSIONAL EMPLOYES AND PROFESSIONAL EMPLOYES SHALL
26 CONTINUE TO ACCRUE SENIORITY IN THE SCHOOL ENTITY FROM WHICH
27 THEY CAME IF THEY RETURN TO THAT SCHOOL ENTITY WHEN THE LEAVE
28 ENDS.
29 (G) PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL TEACHING OR
30 ADMINISTRATIVE CERTIFICATE MAY, AT THEIR OPTION, HAVE THE TIME
19970S0123B1174 - 39 -
1 COMPLETED IN SATISFACTORY SERVICE IN A CHARTER SCHOOL APPLIED TO
2 THE LENGTH OF SERVICE REQUIREMENTS FOR THE NEXT LEVEL OF
3 CERTIFICATION.
4 (H) (1) ANY TEMPORARY PROFESSIONAL EMPLOYE OR PROFESSIONAL
5 EMPLOYE WHO LEAVES EMPLOYMENT AT A CHARTER SCHOOL SHALL HAVE THE
6 RIGHT TO RETURN TO A COMPARABLE POSITION FOR WHICH THE PERSON IS
7 PROPERLY CERTIFIED IN THE SCHOOL ENTITY WHICH GRANTED THE LEAVE
8 OF ABSENCE. IN THE CASE WHERE A TEACHER HAS BEEN DISMISSED BY
9 THE CHARTER SCHOOL, THE SCHOOL ENTITY WHICH GRANTED THE LEAVE OF
10 ABSENCE IS TO BE PROVIDED BY THE CHARTER SCHOOL WITH THE REASONS
11 FOR SUCH DISMISSAL AT THE TIME IT OCCURS, A LIST OF ANY
12 WITNESSES WHO WERE RELIED ON BY THE CHARTER SCHOOL IN MOVING FOR
13 DISMISSAL, A DESCRIPTION OF AND ACCESS TO ANY PHYSICAL EVIDENCE
14 USED BY THE CHARTER SCHOOL IN MOVING FOR DISMISSAL AND A COPY OF
15 ANY RECORD DEVELOPED AT ANY DISMISSAL PROCEEDING CONDUCTED BY
16 THE CHARTER SCHOOL. THE RECORD OF ANY SUCH HEARING MAY BE
17 ADMISSIBLE IN A HEARING BEFORE THE SCHOOL ENTITY WHICH GRANTED
18 THE LEAVE OF ABSENCE. NOTHING IN THIS SECTION SHALL AFFECT THE
19 AUTHORITY OF THE BOARD OF SCHOOL DIRECTORS TO INITIATE
20 PROCEEDINGS UNDER ARTICLE XI IF THE BOARD DETERMINES THAT
21 OCCURRENCES AT THE CHARTER SCHOOL LEADING TO DISMISSAL OF A
22 TEACHER CONSTITUTE ADEQUATE AND INDEPENDENT GROUNDS FOR
23 DISCIPLINE UNDER SECTION 1122.
24 (2) NO TEMPORARY EMPLOYE OR PROFESSIONAL EMPLOYE WHO IS
25 LEAVING EMPLOYMENT AT A CHARTER SCHOOL SHALL BE RETURNED TO A
26 POSITION IN THE PUBLIC SCHOOL DISTRICT WHICH GRANTED HIS LEAVE
27 OF ABSENCE, UNTIL SUCH PUBLIC SCHOOL DISTRICT IS IN RECEIPT OF A
28 CURRENT CRIMINAL HISTORY RECORD UNDER SECTION 111 AND THE
29 OFFICIAL CLEARANCE STATEMENT REGARDING CHILD INJURY OR ABUSE
30 FROM THE DEPARTMENT OF PUBLIC WELFARE AS REQUIRED BY 23 PA.C.S.
19970S0123B1174 - 40 -
1 CH. 63 SUBCH. C.2 (RELATING TO BACKGROUND CHECKS FOR EMPLOYMENT
2 IN SCHOOLS).
3 (I) ALL INDIVIDUALS WHO SHALL HAVE DIRECT CONTACT WITH
4 STUDENTS SHALL BE REQUIRED TO SUBMIT A REPORT OF CRIMINAL
5 HISTORY RECORD INFORMATION AS PROVIDED FOR IN SECTION 111 PRIOR
6 TO ACCEPTING A POSITION WITH THE CHARTER SCHOOL. THIS SUBSECTION
7 SHALL ALSO APPLY TO ANY INDIVIDUAL WHO VOLUNTEERS TO WORK ON A
8 FULL-TIME OR PART-TIME BASIS AT THE CHARTER SCHOOL.
9 (J) ALL APPLICANTS FOR A POSITION AS A SCHOOL EMPLOYE SHALL
10 BE REQUIRED TO SUBMIT THE OFFICIAL CLEARANCE STATEMENT REGARDING
11 CHILD INJURY OR ABUSE FROM THE DEPARTMENT OF PUBLIC WELFARE AS
12 REQUIRED BY 23 PA.C.S. CH. 63 SUBCH. C.2. THIS SECTION SHALL
13 ALSO APPLY TO ANY INDIVIDUAL WHO VOLUNTEERS TO WORK ON A FULL-
14 TIME OR PART-TIME BASIS AT A CHARTER SCHOOL.
15 SECTION 1725-A. FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING
16 FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER:
17 (1) THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT OR
18 NONRESIDENT STUDENT ATTENDING A CHARTER SCHOOL.
19 (2) FOR NON-SPECIAL EDUCATION STUDENTS, THE CHARTER SCHOOL
20 SHALL RECEIVE FOR EACH STUDENT ENROLLED NO LESS THAN THE
21 BUDGETED TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP OF THE
22 PRIOR SCHOOL YEAR, AS DEFINED IN SECTION 2501(20) MINUS THE
23 BUDGETED EXPENDITURES OF THE DISTRICT OF RESIDENCE FOR NONPUBLIC
24 SCHOOL PROGRAMS; ADULT EDUCATION PROGRAMS; COMMUNITY/JUNIOR
25 COLLEGE PROGRAMS; STUDENT TRANSPORTATION SERVICES; FOR SPECIAL
26 EDUCATION PROGRAMS; FACILITIES ACQUISITION, CONSTRUCTION AND
27 IMPROVEMENT SERVICES AND OTHER FINANCING USES, INCLUDING DEBT
28 SERVICE AND FUND TRANSFERS AS PROVIDED IN THE MANUAL OF
29 ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR PENNSYLVANIA
30 SCHOOL SYSTEMS ESTABLISHED BY THE DEPARTMENT. THIS AMOUNT SHALL
19970S0123B1174 - 41 -
1 BE PAID BY THE DISTRICT OF RESIDENCE OF EACH STUDENT.
2 (3) FOR SPECIAL EDUCATION STUDENTS, THE CHARTER SCHOOL SHALL
3 RECEIVE FOR EACH STUDENT ENROLLED THE SAME FUNDING AS FOR EACH
4 NON-SPECIAL EDUCATION STUDENT AS PROVIDED IN CLAUSE (2) PLUS AN
5 ADDITIONAL AMOUNT DETERMINED BY DIVIDING THE DISTRICT OF
6 RESIDENCE'S TOTAL SPECIAL EDUCATION EXPENDITURE BY THE PRODUCT
7 OF MULTIPLYING THE COMBINED PERCENTAGE OF SECTION 2509.5(K)
8 TIMES THE DISTRICT OF RESIDENCE'S TOTAL AVERAGE DAILY MEMBERSHIP
9 FOR THE PRIOR SCHOOL YEAR. THIS AMOUNT SHALL BE PAID BY THE
10 DISTRICT OF RESIDENCE OF EACH STUDENT.
11 (4) A CHARTER SCHOOL MAY REQUEST THE INTERMEDIATE UNIT IN
12 WHICH THE CHARTER SCHOOL IS LOCATED TO PROVIDE SERVICES TO
13 ASSIST THE CHARTER SCHOOL TO ADDRESS THE SPECIFIC NEEDS OF
14 EXCEPTIONAL STUDENTS. THE INTERMEDIATE UNIT SHALL ASSIST THE
15 CHARTER SCHOOL AND BILL THE CHARTER SCHOOL FOR THE SERVICES. THE
16 INTERMEDIATE UNIT MAY NOT CHARGE THE CHARTER SCHOOL MORE FOR ANY
17 SERVICE THAN IT CHARGES THE CONSTITUENT DISTRICTS OF THE
18 INTERMEDIATE UNIT.
19 (5) PAYMENTS SHALL BE MADE TO THE CHARTER SCHOOL IN TWELVE
20 (12) EQUAL MONTHLY PAYMENTS, BY THE FIFTH DAY OF EACH MONTH,
21 WITHIN THE OPERATING SCHOOL YEAR. A STUDENT ENROLLED IN A
22 CHARTER SCHOOL SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP
23 OF THE STUDENT'S DISTRICT OF RESIDENCE FOR THE PURPOSE OF
24 PROVIDING BASIC EDUCATION FUNDING PAYMENTS AND SPECIAL EDUCATION
25 FUNDING PURSUANT TO ARTICLE XXV. IF A SCHOOL DISTRICT FAILS TO
26 MAKE A PAYMENT TO A CHARTER SCHOOL AS PRESCRIBED IN THIS CLAUSE
27 THE SECRETARY SHALL DEDUCT THE AMOUNT, AS DOCUMENTED BY THE
28 CHARTER SCHOOL, FROM ANY AND ALL STATE PAYMENTS MADE TO THE
29 DISTRICT AFTER RECEIPT OF DOCUMENTATION FROM THE CHARTER SCHOOL.
30 (B) THE COMMONWEALTH SHALL PROVIDE TEMPORARY FINANCIAL
19970S0123B1174 - 42 -
1 ASSISTANCE TO A SCHOOL DISTRICT DUE TO THE ENROLLMENT OF
2 STUDENTS IN A CHARTER SCHOOL WHO ATTENDED A NONPUBLIC SCHOOL IN
3 THE PRIOR SCHOOL YEAR IN ORDER TO OFFSET THE ADDITIONAL COSTS
4 DIRECTLY RELATED TO THE ENROLLMENT OF THOSE STUDENTS IN A PUBLIC
5 CHARTER SCHOOL. THE COMMONWEALTH SHALL PAY THE SCHOOL DISTRICT
6 OF RESIDENCE OF A STUDENT ENROLLED IN A NONPUBLIC SCHOOL IN THE
7 PRIOR SCHOOL YEAR WHO IS ATTENDING A CHARTER SCHOOL AN AMOUNT
8 EQUAL TO THE SCHOOL DISTRICT OF RESIDENCE'S BASIC EDUCATION
9 SUBSIDY FOR THE CURRENT SCHOOL YEAR DIVIDED BY THE DISTRICT'S
10 AVERAGE DAILY MEMBERSHIP FOR THE PRIOR SCHOOL YEAR. THIS PAYMENT
11 SHALL OCCUR ONLY FOR THE FIRST YEAR OF THE ATTENDANCE OF THE
12 STUDENT IN A CHARTER SCHOOL STARTING WITH SCHOOL YEAR 1997-1998.
13 TOTAL PAYMENTS OF TEMPORARY FINANCIAL ASSISTANCE TO SCHOOL
14 DISTRICTS ON BEHALF OF A STUDENT ENROLLING IN A CHARTER SCHOOL
15 WHO ATTENDED A NONPUBLIC SCHOOL IN THE PRIOR SCHOOL YEAR SHALL
16 BE LIMITED TO FUNDS APPROPRIATED FOR THIS PROGRAM IN A FISCAL
17 YEAR. IF THE TOTAL OF THE AMOUNT NEEDED FOR ALL STUDENTS
18 ENROLLED IN A NONPUBLIC SCHOOL IN THE PRIOR SCHOOL YEAR WHO
19 ENROLL IN A CHARTER SCHOOL EXCEEDS THE APPROPRIATION FOR THE
20 TEMPORARY FINANCIAL ASSISTANCE PROGRAM, THE AMOUNT PAID TO A
21 SCHOOL DISTRICT FOR EACH QUALIFYING STUDENT SHALL BE PRO RATA
22 REDUCED. RECEIPT OF FUNDS UNDER THIS SUBSECTION SHALL NOT
23 PRECLUDE A SCHOOL DISTRICT FROM APPLYING FOR A GRANT UNDER
24 SUBSECTION (C).
25 (C) THE COMMONWEALTH SHALL CREATE A GRANT PROGRAM TO PROVIDE
26 TEMPORARY TRANSITIONAL FUNDING TO A SCHOOL DISTRICT DUE TO THE
27 BUDGETARY IMPACT RELATING TO ANY STUDENT ATTENDING A CHARTER
28 SCHOOL. A SCHOOL DISTRICT THAT APPROVES ONE OR MORE CHARTER
29 SCHOOLS MAY APPLY FOR A GRANT UNDER THIS SUBSECTION. THE
30 DEPARTMENT SHALL DEVELOP CRITERIA WHICH SHALL INCLUDE, BUT NOT
19970S0123B1174 - 43 -
1 BE LIMITED TO, THE OVERALL FISCAL IMPACT ON THE BUDGET OF THE
2 SCHOOL DISTRICT RESULTING FROM STUDENTS OF A SCHOOL DISTRICT
3 ATTENDING A CHARTER SCHOOL. THE CRITERIA SHALL BE PUBLISHED IN
4 THE PENNSYLVANIA BULLETIN. PAYMENTS UNDER THIS SUBSECTION SHALL
5 BE MADE FOR THE FIRST YEAR OF OPERATION OF THE CHARTER SCHOOL.
6 THE AUTHORITY TO MAKE GRANTS UNDER THIS SUBSECTION SHALL EXPIRE
7 ON JUNE 30, 1999. THIS SUBSECTION SHALL NOT APPLY TO A PUBLIC
8 SCHOOL CONVERTED TO A CHARTER SCHOOL UNDER SECTION 1717-A(B).
9 (D) IT SHALL BE LAWFUL FOR ANY CHARTER SCHOOL TO RECEIVE,
10 HOLD, MANAGE AND USE, ABSOLUTELY OR IN TRUST, ANY DEVISE,
11 BEQUEST, GRANT, ENDOWMENT, GIFT OR DONATION OF ANY PROPERTY,
12 REAL OR PERSONAL AND/OR MIXED, WHICH SHALL BE MADE TO THE
13 CHARTER SCHOOL FOR ANY OF THE PURPOSES OF THIS ARTICLE.
14 (E) IT SHALL BE UNLAWFUL FOR ANY TRUSTEE OF A CHARTER
15 SCHOOL, OR ANY BOARD OF TRUSTEES OF A CHARTER SCHOOL, OR ANY
16 OTHER PERSON AFFILIATED IN ANY WAY WITH A CHARTER SCHOOL TO
17 DEMAND OR REQUEST, DIRECTLY OR INDIRECTLY, ANY GIFT, DONATION OR
18 CONTRIBUTION OF ANY KIND FROM ANY PARENT, TEACHER, EMPLOYE OR
19 ANY OTHER PERSON AFFILIATED WITH THE CHARTER SCHOOL AS A
20 CONDITION FOR EMPLOYMENT OR ENROLLMENT AND/OR CONTINUED
21 ATTENDANCE OF ANY PUPIL. ANY DONATION, GIFT OR CONTRIBUTION
22 RECEIVED BY A CHARTER SCHOOL SHALL BE GIVEN FREELY AND
23 VOLUNTARILY.
24 SECTION 1726-A. TRANSPORTATION.--STUDENTS WHO RESIDE IN THE
25 SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED, OR WHO
26 ARE RESIDENTS OF A SCHOOL DISTRICT WHICH IS PART OF A REGIONAL
27 CHARTER SCHOOL, SHALL BE PROVIDED TRANSPORTATION TO THE CHARTER
28 SCHOOL ON THE SAME TERMS AND CONDITIONS AS TRANSPORTATION IS
29 PROVIDED TO STUDENTS ATTENDING THE SCHOOLS OF THE DISTRICT.
30 NONRESIDENT STUDENTS SHALL BE PROVIDED TRANSPORTATION UNDER
19970S0123B1174 - 44 -
1 SECTION 1361. DISTRICTS PROVIDING TRANSPORTATION TO A CHARTER
2 SCHOOL OUTSIDE THE DISTRICT SHALL BE ELIGIBLE FOR PAYMENTS UNDER
3 SECTION 2509.3 FOR EACH PUBLIC SCHOOL STUDENT TRANSPORTED.
4 SECTION 1727-A. TORT LIABILITY.--FOR PURPOSES OF TORT
5 LIABILITY, EMPLOYES OF THE CHARTER SCHOOL SHALL BE CONSIDERED
6 PUBLIC EMPLOYES AND THE BOARD OF TRUSTEES SHALL BE CONSIDERED
7 THE PUBLIC EMPLOYER IN THE SAME MANNER AS POLITICAL SUBDIVISIONS
8 AND LOCAL AGENCIES. THE BOARD OF TRUSTEES OF A CHARTER SCHOOL
9 AND THE CHARTER SCHOOL SHALL BE SOLELY LIABLE FOR ANY AND ALL
10 DAMAGES OF ANY KIND RESULTING FROM ANY LEGAL CHALLENGE INVOLVING
11 THE OPERATION OF A CHARTER SCHOOL. NOTWITHSTANDING THIS
12 REQUIREMENT, THE LOCAL BOARD OF DIRECTORS OF A SCHOOL ENTITY
13 SHALL NOT BE HELD LIABLE FOR ANY ACTIVITY OR OPERATION RELATED
14 TO THE PROGRAM OF THE CHARTER SCHOOL.
15 SECTION 1728-A. ANNUAL REPORTS AND ASSESSMENTS.--(A) THE
16 LOCAL BOARD OF SCHOOL DIRECTORS SHALL ANNUALLY ASSESS WHETHER
17 EACH CHARTER SCHOOL IS MEETING THE GOALS OF ITS CHARTER AND
18 SHALL CONDUCT A COMPREHENSIVE REVIEW PRIOR TO GRANTING A FIVE
19 (5) YEAR RENEWAL OF THE CHARTER. THE LOCAL BOARD OF SCHOOL
20 DIRECTORS SHALL HAVE ONGOING ACCESS TO THE RECORDS AND
21 FACILITIES OF THE CHARTER SCHOOL TO ENSURE THAT THE CHARTER
22 SCHOOL IS IN COMPLIANCE WITH ITS CHARTER AND THIS ACT AND THAT
23 REQUIREMENTS FOR TESTING, CIVIL RIGHTS AND STUDENT HEALTH AND
24 SAFETY ARE BEING MET.
25 (B) IN ORDER TO FACILITATE THE LOCAL BOARD'S REVIEW AND
26 SECRETARY'S REPORT, EACH CHARTER SCHOOL SHALL SUBMIT AN ANNUAL
27 REPORT NO LATER THAN AUGUST 1 OF EACH YEAR TO THE LOCAL BOARD OF
28 SCHOOL DIRECTORS AND THE SECRETARY IN THE FORM PRESCRIBED BY THE
29 SECRETARY.
30 (C) FIVE (5) YEARS FOLLOWING THE EFFECTIVE DATE OF THIS
19970S0123B1174 - 45 -
1 ARTICLE, THE SECRETARY SHALL CONTRACT WITH AN INDEPENDENT
2 PROFESSIONAL CONSULTANT WITH EXPERTISE IN PUBLIC AND PRIVATE
3 EDUCATION. THE CONSULTANT SHALL RECEIVE INPUT FROM MEMBERS OF
4 THE EDUCATIONAL COMMUNITY AND THE PUBLIC ON THE CHARTER SCHOOL
5 PROGRAM. THE CONSULTANT SHALL SUBMIT A REPORT TO THE SECRETARY,
6 THE GOVERNOR AND THE GENERAL ASSEMBLY AND AN EVALUATION OF THE
7 CHARTER SCHOOL PROGRAM, WHICH SHALL INCLUDE A RECOMMENDATION ON
8 THE ADVISABILITY OF THE CONTINUATION, MODIFICATION, EXPANSION OR
9 TERMINATION OF THE PROGRAM AND ANY RECOMMENDATIONS FOR CHANGES
10 IN THE STRUCTURE OF THE PROGRAM.
11 SECTION 1729-A. CAUSES FOR NONRENEWAL OR TERMINATION.--(A)
12 DURING THE TERM OF THE CHARTER OR AT THE END OF THE TERM OF THE
13 CHARTER, THE LOCAL BOARD OF SCHOOL DIRECTORS MAY CHOOSE TO
14 REVOKE OR NOT TO RENEW THE CHARTER BASED ON ANY OF THE
15 FOLLOWING:
16 (1) ONE OR MORE MATERIAL VIOLATIONS OF ANY OF THE
17 CONDITIONS, STANDARDS OR PROCEDURES CONTAINED IN THE WRITTEN
18 CHARTER SIGNED PURSUANT TO SECTION 1720-A.
19 (2) FAILURE TO MEET THE REQUIREMENTS FOR STUDENT PERFORMANCE
20 SET FORTH IN 22 PA.CODE CH. 5 (RELATING TO CURRICULUM) OR
21 SUBSEQUENT REGULATIONS PROMULGATED TO REPLACE 22 PA.CODE CH. 5
22 OR FAILURE TO MEET ANY PERFORMANCE STANDARD SET FORTH IN THE
23 WRITTEN CHARTER SIGNED PURSUANT TO SECTION 1716-A.
24 (3) FAILURE TO MEET GENERALLY ACCEPTED STANDARDS OF FISCAL
25 MANAGEMENT OR AUDIT REQUIREMENTS.
26 (4) VIOLATION OF PROVISIONS OF THIS ARTICLE.
27 (5) VIOLATION OF ANY PROVISION OF LAW FROM WHICH THE CHARTER
28 SCHOOL HAS NOT BEEN EXEMPTED, INCLUDING FEDERAL LAWS AND
29 REGULATIONS GOVERNING CHILDREN WITH DISABILITIES.
30 (6) THE CHARTER SCHOOL HAS BEEN CONVICTED OF FRAUD.
19970S0123B1174 - 46 -
1 (B) A MEMBER OF THE BOARD OF TRUSTEES WHO IS CONVICTED OF A
2 FELONY OR ANY CRIME INVOLVING MORAL TURPITUDE SHALL BE
3 IMMEDIATELY DISQUALIFIED FROM SERVING ON THE BOARD OF TRUSTEES.
4 (C) ANY NOTICE OF REVOCATION OR NONRENEWAL OF A CHARTER
5 GIVEN BY THE LOCAL BOARD OF SCHOOL DIRECTORS OF A SCHOOL
6 DISTRICT SHALL STATE THE GROUNDS FOR SUCH ACTION WITH REASONABLE
7 SPECIFICITY AND GIVE REASONABLE NOTICE TO THE GOVERNING BOARD OF
8 THE CHARTER SCHOOL OF THE DATE ON WHICH A PUBLIC HEARING
9 CONCERNING THE REVOCATION OR NONRENEWAL WILL BE HELD. THE LOCAL
10 BOARD OF SCHOOL DIRECTORS SHALL CONDUCT SUCH HEARING, PRESENT
11 EVIDENCE IN SUPPORT OF THE GROUNDS FOR REVOCATION OR NONRENEWAL
12 STATED IN ITS NOTICE AND GIVE THE CHARTER SCHOOL REASONABLE
13 OPPORTUNITY TO OFFER TESTIMONY BEFORE TAKING FINAL ACTION.
14 FORMAL ACTION REVOKING OR NOT RENEWING A CHARTER SHALL BE TAKEN
15 BY THE LOCAL BOARD OF SCHOOL DIRECTORS AT A PUBLIC MEETING
16 PURSUANT TO THE ACT OF JULY 3, 1986 (P.L.388, NO.84), KNOWN AS
17 THE "SUNSHINE ACT," AFTER THE PUBLIC HAS HAD THIRTY (30) DAYS TO
18 PROVIDE COMMENTS TO THE BOARD. ALL PROCEEDINGS OF THE LOCAL
19 BOARD PURSUANT TO THIS SUBSECTION SHALL BE SUBJECT TO 2 PA.C.S.
20 CH. 5 SUBCH. B (RELATING TO PRACTICE AND PROCEDURE OF LOCAL
21 AGENCIES). EXCEPT AS PROVIDED IN SUBSECTION (D), THE DECISION OF
22 THE LOCAL BOARD SHALL NOT BE SUBJECT TO 2 PA.C.S. CH. 7 SUBCH. B
23 (RELATING TO JUDICIAL REVIEW OF LOCAL AGENCY ACTION).
24 (D) FOLLOWING THE APPOINTMENT AND CONFIRMATION OF THE APPEAL
25 BOARD, BUT NOT BEFORE JULY 1, 1999, THE CHARTER SCHOOL MAY
26 APPEAL THE DECISION OF THE LOCAL BOARD OF SCHOOL DIRECTORS TO
27 REVOKE OR NOT RENEW THE CHARTER TO THE APPEAL BOARD. THE APPEAL
28 BOARD SHALL HAVE THE EXCLUSIVE REVIEW OF A DECISION NOT TO RENEW
29 OR REVOKE A CHARTER. THE APPEAL BOARD SHALL REVIEW THE RECORD
30 AND SHALL HAVE THE DISCRETION TO SUPPLEMENT THE RECORD IF THE
19970S0123B1174 - 47 -
1 SUPPLEMENTAL INFORMATION WAS PREVIOUSLY UNAVAILABLE. THE APPEAL
2 BOARD MAY CONSIDER THE CHARTER SCHOOL PLAN, ANNUAL REPORTS,
3 STUDENT PERFORMANCE AND EMPLOYE AND COMMUNITY SUPPORT FOR THE
4 CHARTER SCHOOL IN ADDITION TO THE RECORD. THE APPEAL BOARD SHALL
5 GIVE DUE CONSIDERATION TO THE FINDINGS OF THE LOCAL BOARD OF
6 DIRECTORS AND SPECIFICALLY ARTICULATE ITS REASONS FOR AGREEING
7 OR DISAGREEING WITH THOSE FINDINGS IN ITS WRITTEN DECISION
8 (E) IF THE APPEAL BOARD DETERMINES THAT THE CHARTER SHOULD
9 NOT BE REVOKED OR SHOULD BE RENEWED, THE APPEAL BOARD SHALL
10 ORDER THE LOCAL BOARD OF DIRECTORS TO RESCIND ITS REVOCATION OR
11 NONRENEWAL DECISION.
12 (F) EXCEPT AS PROVIDED IN SUBSECTION (G), THE CHARTER SHALL
13 REMAIN IN EFFECT UNTIL FINAL DISPOSITION BY THE APPEAL BOARD.
14 (G) IN CASES WHERE THE HEALTH OR SAFETY OF THE SCHOOL'S
15 PUPILS, STAFF OR BOTH IS AT SERIOUS RISK, THE LOCAL BOARD OF
16 SCHOOL DIRECTORS MAY TAKE IMMEDIATE ACTION TO REVOKE A CHARTER.
17 (H) ALL DECISIONS OF THE CHARTER SCHOOL APPEAL BOARD SHALL
18 BE SUBJECT TO APPELLATE REVIEW BY THE COMMONWEALTH COURT.
19 (I) WHEN A CHARTER IS REVOKED OR IS NOT RENEWED, THE CHARTER
20 SCHOOL SHALL BE DISSOLVED. AFTER THE DISPOSITION OF ANY
21 LIABILITIES AND OBLIGATIONS OF THE CHARTER SCHOOL, ANY REMAINING
22 ASSETS OF THE CHARTER SCHOOL SHALL BE DISTRIBUTED ON A
23 PROPORTIONAL BASIS TO THE SCHOOL ENTITIES WITH STUDENTS ENROLLED
24 IN THE CHARTER SCHOOL FOR THE LAST FULL OR PARTIAL SCHOOL YEAR
25 OF THE CHARTER SCHOOL.
26 (J) WHEN A CHARTER IS REVOKED OR IS NOT RENEWED, A STUDENT
27 WHO ATTENDED THE CHARTER SCHOOL SHALL APPLY TO ANOTHER PUBLIC
28 SCHOOL IN THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE. NORMAL
29 APPLICATION DEADLINES WILL BE DISREGARDED UNDER THESE
30 CIRCUMSTANCES. ALL STUDENT RECORDS MAINTAINED BY THE CHARTER
19970S0123B1174 - 48 -
1 SCHOOL SHALL BE FORWARDED TO THE STUDENT'S DISTRICT OF
2 RESIDENCE.
3 SECTION 1730-A. DESEGREGATION ORDERS.--THE LOCAL BOARD OF
4 SCHOOL DIRECTORS OF A SCHOOL DISTRICT WHICH IS OPERATING UNDER A
5 DESEGREGATION PLAN APPROVED BY THE PENNSYLVANIA HUMAN RELATIONS
6 COMMISSION OR A DESEGREGATION ORDER BY A FEDERAL OR STATE COURT
7 SHALL NOT APPROVE A CHARTER SCHOOL APPLICATION IF SUCH CHARTER
8 SCHOOL WOULD PLACE THE SCHOOL DISTRICT IN NONCOMPLIANCE WITH ITS
9 DESEGREGATION ORDER.
10 SECTION 1731-A. CHARTER SCHOOL GRANTS.--(A) THE SECRETARY
11 SHALL ALLOCATE GRANTS FOR PLANNING AND START-UP FUNDING TO
12 ELIGIBLE APPLICANTS UNDER SECTION 1717-A FROM FUNDS APPROPRIATED
13 FOR THE IMPLEMENTATION OF THIS ACT.
14 (1) PLANNING GRANT APPLICATIONS SHALL BE FILED ON A FORM AND
15 BY A DATE DETERMINED BY THE SECRETARY. THE AMOUNT OF A GRANT MAY
16 VARY DEPENDING ON THE SIZE AND SCOPE OF THE PLANNING NEEDED BY
17 THE APPLICANT. THE APPLICATION SHALL ADDRESS THE MANNER IN WHICH
18 THE APPLICANT PLANS TO ADDRESS THE CRITERIA ESTABLISHED FOR
19 CHARTER SCHOOLS IN SECTIONS 1715-A AND 1717-A.
20 (2) START-UP FUNDING GRANT APPLICATIONS SHALL BE FILED ON A
21 FORM AND BY A DATE DETERMINED BY THE SECRETARY. THE APPLICANT
22 FOR THE CHARTER SCHOOL SHALL SUBMIT ITS APPLICATION FOR A
23 CHARTER WHEN APPLYING FOR THE GRANT. A GRANT FOR START-UP
24 FUNDING MAY VARY DEPENDING ON THE SIZE AND SPECIAL
25 CHARACTERISTICS OF THE CHARTER SCHOOL. A START-UP GRANT MAY BE
26 USED TO MEET THE EXPENSES OF THE CHARTER SCHOOL AS ESTABLISHED
27 IN THEIR CHARTER AND AS AUTHORIZED IN THE PROVISION OF THIS
28 ARTICLE.
29 (B) THE APPLICANT SHALL INCLUDE A COPY OF A LETTER INFORMING
30 THE LOCAL BOARD OF SCHOOL DIRECTORS OF THE SCHOOL DISTRICT OF
19970S0123B1174 - 49 -
1 THE APPLICATION FOR THE PLANNING GRANT IF THE LOCATION OF THE
2 PROPOSED CHARTER SCHOOL IS KNOWN. AN APPLICANT RECEIVING A
3 START-UP FUNDING GRANT SHALL NOTIFY THE SCHOOL DISTRICT OR
4 DISTRICTS SIGNING THE CHARTER OF RECEIPT OF THIS GRANT.
5 SECTION 1732-A. PROVISIONS APPLICABLE TO CHARTER SCHOOLS.--
6 (A) CHARTER SCHOOLS SHALL BE SUBJECT TO THE FOLLOWING:
7 SECTIONS 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
8 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755,
9 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(A), 1310, 1317,
10 1317.1, 1317.2, 1318, 1327, 1330, 1332, 1303-A, 1513, 1517,
11 1518, 1521, 1523, 1547, 2014-A, ARTICLE XIII-A AND ARTICLE XIV.
12 ACT OF JULY 17, 1961 (P.L.776, NO.341), KNOWN AS THE
13 "PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT."
14 ACT OF JULY 19, 1965 (P.L.215, NO.116), ENTITLED "AN ACT
15 PROVIDING FOR THE USE OF EYE PROTECTIVE DEVICES BY PERSONS
16 ENGAGED IN HAZARDOUS ACTIVITIES OR EXPOSED TO KNOWN DANGERS IN
17 SCHOOLS, COLLEGES AND UNIVERSITIES."
18 SECTION 4 OF THE ACT OF JANUARY 25, 1966 (1965 P.L.1546,
19 NO.541), ENTITLED "AN ACT PROVIDING SCHOLARSHIPS AND PROVIDING
20 FUNDS TO SECURE FEDERAL FUNDS FOR QUALIFIED STUDENTS OF THE
21 COMMONWEALTH OF PENNSYLVANIA WHO NEED FINANCIAL ASSISTANCE TO
22 ATTEND POSTSECONDARY INSTITUTIONS OF HIGHER LEARNING, MAKING AN
23 APPROPRIATION, AND PROVIDING FOR THE ADMINISTRATION OF THIS
24 ACT."
25 ACT OF JULY 12, 1972 (P.L.765, NO.181), ENTITLED "AN ACT
26 RELATING TO DRUGS AND ALCOHOL AND THEIR ABUSE, PROVIDING FOR
27 PROJECTS AND PROGRAMS AND GRANTS TO EDUCATIONAL AGENCIES, OTHER
28 PUBLIC OR PRIVATE AGENCIES, INSTITUTIONS OR ORGANIZATIONS."
29 ACT OF DECEMBER 15, 1986 (P.L.1595, NO.175), KNOWN AS THE
30 "ANTIHAZING LAW."
19970S0123B1174 - 50 -
1 (B) CHARTER SCHOOLS SHALL BE SUBJECT TO THE FOLLOWING
2 PROVISIONS OF 22 PA. CODE:
3 SECTION 5.216 (RELATING TO ESOL)
4 SECTION 5.4 (RELATING TO GENERAL POLICIES)
5 CHAPTER 11 (RELATING TO PUPIL ATTENDANCE)
6 CHAPTER 12 (RELATING TO STUDENTS)
7 SECTION 32.3 (RELATING TO ASSURANCES)
8 SECTION 121.3 (RELATING TO DISCRIMINATION PROHIBITED)
9 SECTION 235.4 (RELATING TO PRACTICES)
10 SECTION 235.8 (RELATING TO CIVIL RIGHTS)
11 (C) (1) THE SECRETARY MAY PROMULGATE ADDITIONAL REGULATIONS
12 RELATING TO CHARTER SCHOOLS.
13 (2) THE SECRETARY SHALL HAVE THE AUTHORITY AND THE
14 RESPONSIBILITY TO ENSURE THAT CHARTER SCHOOLS COMPLY WITH
15 FEDERAL LAWS AND REGULATIONS GOVERNING CHILDREN WITH
16 DISABILITIES. THE SECRETARY SHALL PROMULGATE REGULATIONS TO
17 IMPLEMENT THIS PROVISION.
18 SECTION 2. (A) THE GENERAL ASSEMBLY FINDS AND DECLARES AS
19 FOLLOWS:
20 (1) A WELL-TRAINED AND WELL-EDUCATED WORK FORCE IS
21 ESSENTIAL TO THE ECONOMIC WELL-BEING OF THIS COMMONWEALTH.
22 (2) MANY OF THE FASTEST GROWING SECTORS OF THE ECONOMY
23 ARE IN AREAS WHICH REQUIRE TECHNICAL COMPETENCE AND AN
24 EDUCATIONAL BACKGROUND THAT INCLUDES A SOLID FOUNDATION IN
25 THE CHEMICAL, PHYSICAL, BIOLOGICAL AND EARTH SCIENCES.
26 (3) SHARING RESOURCES IS A COST-EFFECTIVE AND PROVEN
27 METHOD OF ENSURING THAT ALL OF THIS COMMONWEALTH'S SCHOOL
28 CHILDREN HAVE ACCESS TO A HIGH-QUALITY SCIENCE CURRICULUM
29 THAT PROVIDES HAND-ON EXPERIENCE WITH MODERN AND
30 SOPHISTICATED SCIENTIFIC AND TECHNICAL EQUIPMENT TO PREPARE
19970S0123B1174 - 51 -
1 STUDENTS FOR THE HIGH TECHNOLOGY DEMANDS OF THE 21ST CENTURY.
2 (4) SIGNIFICANT OPPORTUNITIES EXIST FOR COLLABORATION
3 BETWEEN THE BASIC EDUCATION AND HIGHER EDUCATION SYSTEMS OF
4 THIS COMMONWEALTH TO ENHANCE THE EDUCATION OF THIS
5 COMMONWEALTH'S SCHOOL CHILDREN.
6 (5) STUDENTS NEED THE OPPORTUNITY TO LEARN SCIENCE BY
7 PRACTICING SCIENCE. THIS COMMONWEALTH MUST GRADUATE STUDENTS
8 WHO ARE MORE SCIENTIFICALLY LITERATE AND WHO ARE BETTER ABLE
9 TO PURSUE CAREERS AND JOBS IN FIELDS THAT REQUIRE SUCH
10 LITERACY.
11 (6) TEACHERS WHO ARE THE ONLY PHYSICS OR CHEMISTRY
12 TEACHER IN THEIR SCHOOL NEED NOT WORK IN ISOLATION.
13 (7) TEACHERS REQUIRE GREATER OPPORTUNITIES FOR
14 PROFESSIONAL DEVELOPMENT IN SCIENCE, INCLUDING TRAINING TO
15 INCORPORATE NEW SCIENCE EQUIPMENT INTO THE TEACHING
16 CURRICULA.
17 (8) IT IS THEREFORE THE INTENT OF THE GENERAL ASSEMBLY
18 AND A PURPOSE OF THIS ACT TO DIRECT THE DEPARTMENT OF
19 EDUCATION TO EXAMINE THE FEASIBILITY OF ESTABLISHING THE
20 PENNSYLVANIA SCIENCE PARTNERSHIP PROGRAM TO PROVIDE ENHANCED
21 EDUCATIONAL OPPORTUNITIES IN THE FIELDS OF SCIENCE TO THIS
22 COMMONWEALTH'S SCHOOL CHILDREN, ESPECIALLY CHILDREN ATTENDING
23 SCHOOLS THAT DO NOT HAVE THE FINANCIAL RESOURCES TO PROVIDE
24 AN ENRICHED SCIENCE CURRICULUM.
25 (B) THE DEPARTMENT SHALL FILE A REPORT WITH THE GOVERNOR AND
26 WITH THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION
27 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN
28 OF THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON
29 THE FEASIBILITY OF ESTABLISHING A PENNSYLVANIA SCIENCE
30 PARTNERSHIP PROGRAM BY JANUARY 1, 1998. THE REPORT SHALL
19970S0123B1174 - 52 -
1 DESCRIBE THE TYPES OF SCIENCE PARTNERSHIPS CREATED IN SELECTED
2 COMMUNITIES OF THIS COMMONWEALTH, TO BE DETERMINED BY THE
3 SECRETARY OF EDUCATION. AT A MINIMUM, PROGRAMS OF THIS TYPE IN
4 PHILADELPHIA, PITTSBURGH AND AT JUNIATA COLLEGE AND LEBANON
5 VALLEY COLLEGE SHALL BE EXAMINED. THE DEPARTMENT SHALL CONSIDER
6 THE BENEFITS OF THE PARTNERSHIP AND THE INVOLVEMENT OF SCHOOL
7 DISTRICTS, HIGHER EDUCATION INSTITUTIONS AND SCIENCE MUSEUMS.
8 THE DEPARTMENT SHALL SURVEY SCHOOL DISTRICTS TO DETERMINE THE
9 NUMBER OF ELEMENTARY AND SECONDARY EDUCATION STUDENTS
10 PARTICIPATING IN VARIOUS SCIENCE PROGRAMS, A DETAILED BREAKDOWN
11 OF THE COSTS OF THESE PROGRAMS AND THE IMPACT OF THE PROGRAMS ON
12 THE LEVEL OF SCIENTIFIC KNOWLEDGE OF SCHOOL CHILDREN.
13 (C) THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS
14 SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION
15 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
16 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
17 COMMONWEALTH.
18 "HIGHER EDUCATION INSTITUTION." ANY INSTITUTION OF HIGHER
19 EDUCATION IN THIS COMMONWEALTH AUTHORIZED TO GRANT COLLEGIATE
20 LEVEL DEGREES AND WHICH HAS RECEIVED TOTAL INSTITUTIONAL
21 ACCREDITATION BY AN ACCREDITING AGENCY RECOGNIZED BY THE FEDERAL
22 GOVERNMENT, THE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF
23 EDUCATION.
24 SECTION 3. (A) THE SUM OF $1,000,000, OR AS MUCH THEREOF AS
25 MAY BE NECESSARY, IS HEREBY APPROPRIATED FOR THE FISCAL YEAR
26 JULY 1, 1997, TO JUNE 30, 1998, FROM THE GENERAL FUND TO THE
27 DEPARTMENT OF EDUCATION TO PAY FOR TEMPORARY FINANCIAL
28 ASSISTANCE UNDER SECTION 1725-A(B) TO SCHOOL DISTRICTS ON BEHALF
29 OF STUDENTS ENROLLED IN CHARTER SCHOOLS WHO ATTENDED A NONPUBLIC
30 SCHOOL IN THE PRIOR FISCAL YEAR.
19970S0123B1174 - 53 -
1 (B) THE SUM OF $7,500,000, OR AS MUCH THERE OF AS MAY BE
2 NECESSARY, IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO THE
3 DEPARTMENT OF EDUCATION TO PAY FOR TRANSITIONAL FUNDING GRANTS
4 UNDER SECTION 1725-A(C) TO SCHOOL DISTRICTS. THESE FUNDS SHALL
5 LAPSE JUNE 30, 1999.
6 (C) THE SUM OF $4,000,000 OF FEDERAL FUNDS AVAILABLE UNDER
7 THE IMPROVING AMERICA'S SCHOOLS ACT OF 1994 (PUBLIC LAW 103-382,
8 108 STAT. 3518) IS HEREBY APPROPRIATED TO THE DEPARTMENT OF
9 EDUCATION FOR PURPOSES OF IMPLEMENTING THE PROVISIONS OF THIS
10 ACT. THESE FUNDS SHALL LAPSE JUNE 30, 1998.
11 SECTION 4. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR
12 AS THEY ARE INCONSISTENT WITH THIS ACT.
13 SECTION 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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