"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.
19970S0123B1174 - 18 -
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.
19970S0123B1174 - 19 -
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
Citizens for Cyber Charter Choice 
