PRIOR PRINTER'S NO. 1033 PRINTER'S NO. 1036
No. 891 Session of 2001
INTRODUCED BY RHOADES, CONTI, TOMLINSON, TILGHMAN, CORMAN,
ERICKSON, D. WHITE, COSTA, BODACK, MURPHY, SCARNATI, GERLACH,
HOLL, M. WHITE, ROBBINS, MOWERY, BELL, MADIGAN, THOMPSON,
SCHWARTZ, BOSCOLA, LEMMOND, KUKOVICH AND HUGHES, MAY 21, 2001
SENATOR RHOADES, EDUCATION, AS AMENDED, MAY 22, 2001
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," providing for cyber or on-line
6 education; further providing for compulsory school attendance
7 and charter school funding.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1327 of the act of March 10, 1949
11 (P.L.30, No.14), known as the Public School Code of 1949, is
12 amended by adding a subsection to read:
13 Section 1327. Compulsory School Attendance.--* * *
14 (e) Enrollment or participation in a program of "cyber" or
15 "on-line" education as defined by this subsection shall not be
16 regarded as school attendance in compliance with this section
17 unless such enrollment or program is established in accordance
18 with an agreement or agreements entered into between a provider
19 as defined in this subsection and the school district of
1 residence of each child who is enrolled or participating in a
2 program of cyber or on-line education. Such agreements shall set
3 forth all terms and conditions of such enrollment or
4 participation, including the cost of or charge for such program,
5 if any, that will be paid by the school district, and such
6 programmatic guidelines as the board of school directors may
7 require.
8 (1) For purposes of this subsection, a program of "cyber" or
9 "on-line" education shall mean any educational program in which
10 academic instruction is delivered entirely or predominantly
11 through the Internet or other computer linkages to students
12 participating in or receiving such instruction at a location
13 other than a classroom operated by a school district and
14 supervised by onsite instructional staff. This subsection shall
15 not be construed to apply to or restrict the use of on-line or
16 other computer-based courses, instruction or other curricular
17 materials to enhance, enrich or supplement educational programs
18 or courses the majority of which are otherwise taught in a
19 classroom setting supervised onsite by instructional staff of a
20 charter school or other public or nonpublic school, nor to limit
21 or restrict the use of such courses, instruction or curricular
22 materials in a home education program conducted in compliance
23 with section 1327.1.
24 (2) For the purposes of this subsection, a "provider" shall
25 mean any public school entity OR charter school, non-public <--
26 school or for-profit or not-for-profit corporation.
27 (3) The agreement or agreements entered into by a provider
28 and a school district shall be considered in a public meeting
29 pursuant to the requirements of 65 Pa.C.S. Ch. 7, known as the
30 Sunshine Act.
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1 (4) A PROVIDER SHALL NOT ENROLL A STUDENT IN A PROGRAM OF <--
2 CYBER OR ON-LINE EDUCATION WHO RESIDES IN A SCHOOL DISTRICT THAT
3 HAS NOT ENTERED INTO AN AGREEMENT WITH THE PROVIDER.
4 (5) A PROVIDER THAT HAS NOT ENTERED INTO AN AGREEMENT WITH
5 THE RESIDENT SCHOOL DISTRICT OF ANY ENROLLED STUDENT SHALL
6 NOTIFY THE PARENTS OR GUARDIANS OF THE ENROLLED STUDENT THAT
7 ENROLLMENT IN THE PROGRAM OF CYBER OR ON-LINE EDUCATION DOES NOT
8 MEET THE COMPULSORY SCHOOL ATTENDANCE REQUIREMENTS OF THIS
9 SECTION.
10 (4) (6) The State Board of Education shall promulgate <--
11 regulations establishing minimum standards for cyber and on-line
12 education programs delivered pursuant to agreements under this
13 subsection.
14 Section 2. Section 1725-A(a) of the act is amended to read:
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 or 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
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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 (6) Notwithstanding any other provision of this article, no
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1 school district shall be obligated to pay for the participation
2 of any resident student enrolled in a charter school operating
3 under the authority of a charter that has not been approved by a
4 majority vote of its board of school directors AND THAT PROVIDES <--
5 A PROGRAM OF CYBER OR ON-LINE EDUCATION AS DEFINED BY SECTION
6 1327(E), except to the extent and in the amounts set forth in an
7 agreement between the school district and such charter school
8 providing for the enrollment of such resident student or
9 students and the terms and conditions, in addition to other
10 requirements of this article, governing such enrollment.
11 * * *
12 Section 3. This act shall take effect immediately JULY 1, <--
13 2001.
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