"Striving to preserve and ensure cyber charter schools as an educational choice for parents desiring more control and freedom in the design and delivery of their children's education."
Charter School Law
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.
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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.
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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."
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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
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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
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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.
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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
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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.
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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
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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
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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:
Citizens for Cyber Charter Choice 
