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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FLECK, O'NEILL, BAKER, BARBIN, BENNINGHOFF, CAUSER, CREIGHTON, EVERETT, GROVE, HALUSKA, HARKINS, HUTCHINSON, M. K. KELLER, MILLER, MOUL, OBERLANDER, PICKETT, REED, REESE, SCAVELLO, SONNEY, STERN, STURLA, SWANGER, TOBASH AND VULAKOVICH, DECEMBER 6, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, DECEMBER 6, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in charter schools, further providing |
6 | for definitions, for charter school requirements, for powers |
7 | of board of trustees, for powers and duties of department, |
8 | for assessment and evaluation, for cyber charter school |
9 | requirements and prohibitions, for school district and |
10 | intermediate unit responsibilities, for establishment of |
11 | cyber charter school, for cyber charter school application, |
12 | for enrollment and notification and for applicability of |
13 | other provisions of this act and of other acts and |
14 | regulations. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Section 1703-A of the act of March 10, 1949 |
18 | (P.L.30, No.14), known as the Public School Code of 1949, is |
19 | amended by adding definitions to read: |
20 | Section 1703-A. Definitions.--As used in this article, |
21 | * * * |
22 | "Closely related business entity" shall mean an organization |
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1 | with a management or operational relationship with a charter |
2 | school involving either shared or overlapping aspects of |
3 | corporate identity such as ownership, board of directors or |
4 | trustees membership, capital or profits. |
5 | "Cyber charter education real cost level" shall mean the |
6 | amount established by the department under section 1741-A (a)(7) |
7 | (i). |
8 | * * * |
9 | "Cyber charter school fund balance limit" shall mean the |
10 | amount determined under section 1741-A. |
11 | "Cyber charter special education real cost level" shall mean |
12 | the amount established by the department under section 1741-A |
13 | (a)(7)(ii). |
14 | * * * |
15 | "Employment cost index" shall have the same meaning as given |
16 | to it in section 302 of the act of June 27, 2006 (1st Sp.Sess., |
17 | P.L.1873, No.1), known as the Taxpayer Relief Act. |
18 | "Immediate relative" shall mean a grandparent, parent, |
19 | spouse, former spouse, child, grandchild, brother, sister or |
20 | cousin; a child of a spouse, former spouse, brother, sister or |
21 | cousin; or a spouse or former spouse of a grandparent, parent, |
22 | child, grandchild, brother, sister, cousin, nephew or niece. |
23 | Family members in these categories of relationship shall include |
24 | first degree, in-law, half, adopted and step-relatives. |
25 | * * * |
26 | Section 2. Section 1715-A heading, introductory paragraph |
27 | and (12) of the act, added June 19, 1997 (P.L.225, No.22) and |
28 | July 9, 2008 (P.L.846, No.61), are amended and the section is |
29 | amended by adding clauses to read: |
30 | Section 1715-A. Charter and Cyber Charter School |
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1 | Requirements.--Charter schools and, as indicated, cyber charter |
2 | schools shall be required to comply with the following |
3 | provisions: |
4 | * * * |
5 | (12) A person who serves as an administrator for a charter |
6 | or cyber charter school or any immediate relative thereof shall |
7 | not receive compensation, travel benefits or a gift of any value |
8 | from another charter school or from a company that provides |
9 | management or other services to another charter or cyber charter |
10 | school. The term "administrator" shall include the chief |
11 | executive officer of a charter or cyber charter school and all |
12 | other employes of a charter or cyber charter school who by |
13 | virtue of their positions exercise management or operational |
14 | oversight responsibilities. A person who serves as an |
15 | administrator for a charter or cyber charter school shall be a |
16 | public official under 65 Pa.C.S. Ch. 11 (relating to ethics |
17 | standards and financial disclosure). A violation of this clause |
18 | shall constitute a violation of 65 Pa.C.S. § 1103(a) (relating |
19 | to restricted activities), and the violator shall be subject to |
20 | the penalties imposed under the jurisdiction of the State Ethics |
21 | Commission. |
22 | (13) Members of the board of trustees and administrators of |
23 | a cyber charter school shall be deemed to be public officials |
24 | and subject to the provisions of 65 Pa.C.S. Chs. 7 (relating to |
25 | open meetings) and 11 (relating to ethics standards and |
26 | financial disclosure). A violation of this clause shall |
27 | constitute a violation of 65 Pa.C.S. § 1103(a) (relating to |
28 | restricted activities) and the violator shall be subject to the |
29 | penalties imposed under the jurisdiction of the State Ethics |
30 | Commission. |
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1 | (14) Members of the board of trustees and administrators of |
2 | a cyber charter school shall be subject to the following |
3 | statutory requirements: |
4 | (i) The act of July 19, 1957 (P.L.1017, No.451), known as |
5 | the "State Adverse Interest Act." |
6 | (ii) The act of February 14, 2008 (P.L.6, No.3), known as |
7 | the "Right-to-Know Law." |
8 | (15) Notwithstanding section 322, an administrator, |
9 | supervisor, principal, teacher or employe of a cyber charter |
10 | school shall not serve on a local board of school directors |
11 | which granted or renewed the cyber charter school's charter. |
12 | This clause shall not prevent an administrator, supervisor, |
13 | teacher or employe of a cyber charter school from being a school |
14 | director in a district other than a district that granted or |
15 | renewed the cyber charter school's charter. Such school director |
16 | shall not participate in any board action affecting or impacting |
17 | the cyber charter school in which the school director is an |
18 | administrator, supervisor, principal, teacher or employe. |
19 | (16) All members of the board of trustees and administrators |
20 | of a cyber charter school shall take the oath of office as |
21 | required by section 321 before entering upon the duties of their |
22 | respective offices. Elected officials, their families, their |
23 | staffs and their relatives shall not serve as trustees for the |
24 | cyber charter school or any related foundation. |
25 | Section 3. Section 1716-A(b) of the act, added June 19, 1997 |
26 | (P.L.225, No.22), is amended and the section is amended by |
27 | adding subsections to read: |
28 | Section 1716-A. Powers of Board of Trustees.--* * * |
29 | (b) No member of a local board of school directors of a |
30 | school entity, nor an employe or family member shall serve on |
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1 | the board of trustees of a charter school [that is located in |
2 | the member's district] or on the board of a closely related |
3 | business entity. |
4 | * * * |
5 | (d) An elected official and such official's immediate family |
6 | and compensated or volunteer staff may not serve as trustees for |
7 | a cyber charter school or any related or associated foundation. |
8 | (e) No public employe, as defined by the act of October 4, |
9 | 1978 (P.L.883, No.170), referred to as the Public Official and |
10 | Employee Ethics Law, including the immediate staff, employes or |
11 | family members of a public official or public employe, shall |
12 | serve on the board of trustees of a charter school. |
13 | (f) No member of the board of trustees of a cyber charter |
14 | school or an immediate family member of any such trustee shall |
15 | be employed by: |
16 | (1) the cyber charter school or have any contract with the |
17 | cyber charter school; |
18 | (2) any entity that has a contract with the cyber charter |
19 | school; or |
20 | (3) any entity that has a contract or a subcontract |
21 | to perform any services for or on behalf of the cyber charter |
22 | school. |
23 | (g) No member of a cyber charter school board of trustees or |
24 | any such trustee's immediate family member shall be employed by, |
25 | have an equitable or beneficial ownership interest in or have a |
26 | contract or subcontract with an educational management service |
27 | provider or closely related business entity which is under |
28 | contract with or otherwise, directly or indirectly, performs |
29 | services for or on behalf of the cyber charter school or any |
30 | foundation related to or associated with the cyber charter |
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1 | school. |
2 | (h) No member of the board of trustees of a cyber charter |
3 | school nor an administrator of a cyber charter school shall |
4 | convert to his or her own use, by way of investment or contract, |
5 | any portion of the cyber charter school funds or property or |
6 | deposit any of the funds of the cyber charter school in any name |
7 | other than that of the cyber charter school. |
8 | (i) No business or other entity with which a member of the |
9 | board of trustees of a cyber charter school, an administrator or |
10 | an immediate family member is associated as defined in 65 |
11 | Pa.C.S. § 1102 (relating to definitions) shall contract with the |
12 | cyber charter school unless the cyber charter school complies |
13 | with the requirements of 65 Pa.C.S. § 1103(f) (relating to |
14 | restricted activities). |
15 | (j) No member of the board of trustees, an administrator or |
16 | an immediate family member of a member of the board of trustees |
17 | or an administrator of a cyber charter school shall act as an |
18 | agent for any vendor, subvendor or closely related business |
19 | entity with the local board of school directors or cyber charter |
20 | school. |
21 | (k) No member of the board of trustees of a cyber charter |
22 | school nor any administrator of a cyber charter school shall |
23 | commingle or allow the commingling of any portion of the cyber |
24 | charter school funds or property or deposit any of the funds of |
25 | the cyber charter school in accounts unrelated to the cyber |
26 | charger school. |
27 | (l) No member of the board of trustees of a cyber charter |
28 | school nor any administrator of a cyber charter school shall be |
29 | employed by a cyber charter school foundation or any entity |
30 | affiliated with a charter or cyber charter school foundation. No |
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1 | immediate family member of a member of the board of trustees, |
2 | nor an administrator of the cyber charter school shall serve on, |
3 | receive compensation from or be employed by a charter or cyber |
4 | charter school foundation or any entity affiliated with a |
5 | charter or cyber charter school foundation. |
6 | Section 4. Section 1741-A(a) of the act is amended by adding |
7 | paragraphs to read: |
8 | Section 1741-A. Powers and duties of department. |
9 | (a) Powers and duties.--The department shall: |
10 | * * * |
11 | (6) Promulgate regulations in accordance with the act of |
12 | June 25, 1982 (P.L.633, No.181), known as the Regulatory |
13 | Review Act, that provide all of the following with regard to |
14 | cyber charter schools: |
15 | (i) The minimum number of hours that students shall |
16 | receive instruction by the cyber charger school through |
17 | the Internet or other electronic means or engaged in |
18 | educational activities of the cyber charter school in |
19 | order to meet the attendance requirements of 22 Pa. Code |
20 | Ch. 11 (relating to student attendance). |
21 | (ii) The requirements that the cyber charter school |
22 | shall meet to demonstrate in its annual report to the |
23 | department, due by August 1 of each year under section |
24 | 1743-A(f), that the minimum number of online and offline |
25 | hours have been attained by each student. |
26 | (7) For the 2011-2012 school year and each school year |
27 | thereafter, the department shall establish a cyber charter |
28 | education real cost level and a cyber charter special |
29 | education real cost level as follows: |
30 | (i) The department shall establish the cyber charter |
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1 | education real cost level for the 2012-2013 school year |
2 | by determining the actual instruction expense as defined |
3 | in section 2501. The amount shall be certified by the |
4 | department and adjusted annually by the employment cost |
5 | index. |
6 | (ii) The department shall establish the cyber |
7 | charter special education real cost level for the |
8 | 2012-2013 school year by calculating the sum of the |
9 | amount determined under subparagraph (i) and the lowest |
10 | 2011-2012 expenditures for special education per special |
11 | education student of all cyber charter schools that |
12 | achieved adequate yearly progress in the 2011-2012 school |
13 | year. The amount shall be certified by the department and |
14 | adjusted annually by the percentage increase in the |
15 | average of the Statewide average weekly wage and the |
16 | employment cost index. |
17 | (8) In the 2012-2013 school year and each school year |
18 | thereafter, the cyber charter school shall receive for each |
19 | nonspecial education student enrolled not less than an amount |
20 | equal to the cyber charter education real cost as determined |
21 | by the department under paragraph (7)(i). This amount shall |
22 | be paid by the department. |
23 | (9) In the 2012-2013 school year and each school year |
24 | thereafter, the cyber charter school shall receive for each |
25 | special education student enrolled not less than an amount |
26 | equal to the cyber charter special education real cost as |
27 | determined by the department under paragraph (7)(ii). This |
28 | amount shall be paid by the department. |
29 | (10) Payments shall be made to the cyber charter school |
30 | in 12 equal monthly payments, by the fifth day of each month, |
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1 | within the operating school year. A student enrolled in a |
2 | cyber charter school shall be included in the average daily |
3 | membership of the cyber charter school and not in the average |
4 | daily membership of the school district of residence. |
5 | * * * |
6 | Section 5. Section 1742-A(1) of the act, added June 29, 2002 |
7 | (P.L.524, No.88), is amended to read: |
8 | Section 1742-A. Assessment and evaluation. |
9 | The department shall: |
10 | (1) [Annually] No later than October 1 of each year, |
11 | assess whether each cyber charter school is meeting the goals |
12 | of its charter and is in compliance with the provisions of |
13 | the charter and conduct a comprehensive review prior to |
14 | granting a five-year renewal of the charter. The department |
15 | shall provide each cyber charter school with the results of |
16 | the school's annual assessment in the form of a written |
17 | report to be submitted both through United States mail and |
18 | electronically by no later than November 1 of each year. The |
19 | report shall be posted on the department's publicly |
20 | accessible Internet website for not less than a five-year |
21 | period or until the expiration of the cyber charter school's |
22 | current charter, which ever occurs first. |
23 | * * * |
24 | Section 6. Section 1743-A(a), (b), (c) and (f) of the act, |
25 | added June 29, 2002 (P.L.524, No.88), are amended and the |
26 | section is amended by adding subsections to read: |
27 | Section 1743-A. Cyber charter school requirements and |
28 | prohibitions. |
29 | (a) Special financial requirements prohibited.--A cyber |
30 | charter school shall not engage in any of the following: |
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1 | (1) [provide] Provide discounts to a school district or |
2 | waive payments under section 1725-A for any student[;]. |
3 | (2) [except] Except as provided for in subsection (e), |
4 | provide payments to parents or guardians for the purchase of |
5 | instructional materials[; or]. |
6 | (3) [except] Except as compensation for the provision of |
7 | specific services, enter into agreements to provide funds to |
8 | a school entity. |
9 | (4) (i) For the 2011-2012 school year and each school |
10 | year thereafter, accumulate an unreserved, undesignated |
11 | fund balance greater than the cyber charter fund balance |
12 | limit, which shall be determined as follows: |
13 14 15 16 17 | Cyber Charter School Total Budgeted Expenditures | Maximum Unreserved, Undesignated Fund Balance as Percentage of Total Budgeted Expenditures |
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18 | Less than or equal to $11,999,999 | 12% | 19 | Between $12,000,000 and $12,999,999 | 11.5% | 20 | Between $13,000,000 and $13,999,999 | 11% | 21 | Between $14,000,000 and $14,999,999 | 10.5% | 22 | Between $15,000,000 and $15,999,999 | 10% | 23 | Between $16,000,000 and $16,999,999 | 9.5% | 24 | Between $17,000,000 and $17,999,999 | 9% | 25 | Between $18,000,000 and $18,999,999 | 8.5% | 26 | Greater than or equal to $19,000,000 | 8% |
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27 | (ii) Any unreserved, undesignated fund balance in |
28 | place on June 30, 2011, that exceeds the cyber charter |
29 | fund balance limit shall be refunded on a pro rata basis |
30 | within 90 days of the effective date of this paragraph to |
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1 | school districts that serve as the resident school |
2 | district for the student enrolled in the cyber charter |
3 | school. |
4 | (5) Utilize funding received in accordance with section |
5 | 1741-A for: |
6 | (i) any paid media advertisement, including |
7 | television, radio, movie theater, billboard, bus poster, |
8 | newspaper, magazine, the Internet or any other commercial |
9 | method that may promote the enrollment of a cyber charter |
10 | school; |
11 | (ii) any lobbying, legislative advocacy consulting |
12 | or any effort to influence Federal or State legislation |
13 | or policy affecting that cyber charter school or cyber |
14 | charter schools in general; or |
15 | (iii) any bonuses or additional compensation beyond |
16 | what is documented in section 1747-A(17). |
17 | (b) Enrollment.--A cyber charter school shall [report to the |
18 | department an increase or a decrease of 30% or more in its |
19 | anticipated enrollment] request approval from the department in |
20 | order to increase its enrollment beyond the enrollment set forth |
21 | in the application under section 1747-A(11). |
22 | (c) [School district.--A cyber charter school] Department.-- |
23 | The department shall make available upon request without cost to |
24 | the requestor, either in writing or electronically, [to each |
25 | student's school district of residence] the following: |
26 | (1) A copy of the charter. |
27 | (2) A copy of the cyber charter school application. |
28 | (3) A copy of all annual reports prepared by the cyber |
29 | charter school. |
30 | [(4) A list of all students from that school district |
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1 | enrolled in the cyber charter school.] |
2 | (c.1) School district.--A cyber charter school shall, |
3 | without cost to the requestor, make available upon request, |
4 | either in writing or electronically, to each student's school |
5 | district of residence a list of all students from that school |
6 | district currently enrolled in the cyber charter school. |
7 | * * * |
8 | (e.1) Ownership of property.--All computers, software and |
9 | Internet connections purchased by the cyber charter school shall |
10 | be the property of the cyber charter school. If a student |
11 | discontinues enrollment in a cyber charter school, the student |
12 | shall return the school's property in useable condition or pay a |
13 | civil penalty in the form of fair market value for the property. |
14 | (f) Annual report.--A cyber charter school shall submit an |
15 | annual report no later than August 1 of each year to the |
16 | department in the form prescribed by the department. The annual |
17 | report shall include disclosure of itemized compensation as |
18 | provided in section 1747-A(17). |
19 | * * * |
20 | (j) Employees.-- |
21 | (1) Professional employees who hold a first level |
22 | teaching or administrative certificate may petition the |
23 | department to have the time completed in satisfactory service |
24 | in a cyber charter school applied to the length of service |
25 | requirements for the next level of certification. Such |
26 | service shall not be credited for the purpose of salary |
27 | schedule placement for other public school entities. |
28 | (2) The department shall establish guidelines governing |
29 | acceptable criteria for approval of a petition under this |
30 | subsection. |
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1 | (k) Out-of-State students.--A cyber charter school may not |
2 | expend any funds, including funds provided by the Commonwealth |
3 | or by a school district, on the education of any student who is |
4 | not a resident of a Pennsylvania school district. |
5 | Section 7. Section 1744-A(3) and (4) of the act, added Jun |
6 | 29, 2002 (P.L.524, No.88), are amended to read: |
7 | Section 1744-A. School district and intermediate unit |
8 | responsibilities. |
9 | An intermediate unit or a school district in which a student |
10 | enrolled in a cyber charter school resides shall do all of the |
11 | following: |
12 | * * * |
13 | (3) Upon request and subject to agreement between a |
14 | cyber charter school and an intermediate unit or school |
15 | district, provide assistance to the cyber charter school in |
16 | the delivery of services to a student with disabilities. The |
17 | school district or intermediate unit shall not charge the |
18 | cyber charter school more for a service than it charges a |
19 | school district. |
20 | [(4) Make payments to the cyber charter school under |
21 | section 1725-A.] |
22 | Section 8. Section 1745-A(f) of the act is amended by adding |
23 | a paragraph to read: |
24 | Section 1745-A. Establishment of cyber charter school. |
25 | * * * |
26 | (f) Evaluation criteria.-- |
27 | * * * |
28 | (3.1) If a cyber charter school fails to comply with 22 |
29 | Pa. Code § 4.51 (relating to State assessment system) for |
30 | more than four consecutive years, the management of the cyber |
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1 | charter school, including all officers, trustees and other |
2 | identified associates in section 1719-A, shall immediately be |
3 | suspended, following the last day of the fourth school year, |
4 | and the implementation of all or some of the following |
5 | strategies shall be conducted by the resident school district |
6 | for a majority of the students enrolled in the cyber charter |
7 | school and the department: |
8 | (i) Replacing the principal and granting the |
9 | principal sufficient operational flexibility, including |
10 | in staffing, calendars, time and budgeting, to implement |
11 | fully a comprehensive approach in order to substantially |
12 | improve student achievement outcomes and increase high |
13 | school graduation rates. |
14 | (ii) Using locally adopted competencies to measure |
15 | the effectiveness of staff who can work within the |
16 | turnaround environment to meet the needs of the students |
17 | by: |
18 | (A) Screening all existing staff and rehiring |
19 | not more than 50% of the existing staff. |
20 | (B) Selecting new staff. |
21 | (iii) Implementing the strategies as financial |
22 | incentives, increased opportunities for promotion and |
23 | career growth and more flexible work conditions that are |
24 | designed to recruit, place and retain staff with the |
25 | skills necessary to meet the needs of the students in the |
26 | school. |
27 | (iv) Providing staff with ongoing, high-quality, |
28 | job-embedded professional development that is aligned |
29 | with the school's comprehensive instructional program and |
30 | designed with school staff to ensure that staff are |
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1 | equipped to facilitate effective teaching and learning |
2 | and have the capacity to successfully implement school |
3 | reform strategies. |
4 | (v) Adopting a new governance structure, requiring |
5 | the school to report to the resident school district for |
6 | a majority of the students enrolled in the cyber charter |
7 | school, hiring a turnaround leader who reports directly |
8 | to the superintendent or chief academic officer or |
9 | entering into a multiyear contract with the school |
10 | district to obtain added flexibility in exchange for |
11 | greater accountability. |
12 | (vi) Using data to identify and implement an |
13 | instructional program that is research-based and |
14 | vertically aligned from one grade to the next as well as |
15 | aligned with the State academic standards. |
16 | (vii) Promoting the continuous use of student data |
17 | from assessments to inform and differentiate instruction |
18 | in order to meet the academic needs of individual |
19 | students. |
20 | (viii) Establishing schedules and implementing |
21 | strategies that provide increased learning time. |
22 | (ix) Providing appropriate social-emotional and |
23 | community-oriented services and supports for students. |
24 | (x) Immediate and permanent closure of the charter |
25 | or cyber charter school under the dissolution process as |
26 | provided in this article. |
27 | * * * |
28 | Section 9. Section 1747-A(11) of the act, added June 29, |
29 | 2002 (P.L.524, No.88), is amended and the section is amended by |
30 | adding a paragraph to read: |
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1 | Section 1747-A. Cyber charter school application. |
2 | In addition to the provisions of section 1719-A, an |
3 | application to establish a cyber charter school shall also |
4 | include the following: |
5 | * * * |
6 | (11) The maximum level of [anticipated] enrollment |
7 | during each school year of the proposed charter, including |
8 | expected increases due to the addition of grade levels. |
9 | * * * |
10 | (17) The annual or termed contractual compensation for |
11 | all faculty, administration and staff, including salary, |
12 | benefits and any additional compensation not specifically |
13 | enumerated. |
14 | Section 10. Section 1748-A(a)(1) and (2)(i), (vi) and (vii) |
15 | and (c) of the act, added June 29, 2002 (P.L.524, No.88), are |
16 | amended and the section is amended by adding subsections to |
17 | read: |
18 | Section 1748-A. Enrollment and notification. |
19 | (a) Notice to school district.-- |
20 | (1) Within [15] ten days of the enrollment of a student |
21 | to a cyber charter school, the parent or guardian and the |
22 | cyber charter school shall notify the student's school |
23 | district of residence of the enrollment through the use of |
24 | the notification form under subsection (b). |
25 | (2) If a school district which has received notice under |
26 | paragraph (1) determines that a student is not a resident of |
27 | the school district, the following apply: |
28 | (i) Within [seven] ten days of receipt of the notice |
29 | under paragraph (1), the school district shall notify the |
30 | cyber charter school and the department that the student |
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1 | is not a resident of the school district. Notification of |
2 | nonresidence shall include the basis for the |
3 | determination. |
4 | * * * |
5 | (vi) [A school district] The department shall |
6 | continue to make payments to a cyber charter school under |
7 | section 1725-A during the time in which the school |
8 | district of residence of a student is in dispute. |
9 | [(vii) If a final determination is made that a |
10 | student is not a resident of an appealing school |
11 | district, the cyber charter school shall return all funds |
12 | provided on behalf of that student to the school district |
13 | within 30 days.] |
14 | * * * |
15 | (c) Withdrawal.--The cyber charter school and the parent or |
16 | guardian of a student enrolled in a cyber charter school shall |
17 | provide written notification to the student's school district of |
18 | residence within [15] ten days following the withdrawal of a |
19 | student from the cyber charter school. |
20 | (d) Enrollment.--No cyber charter school shall be approved |
21 | for enrollment of students by the department until the cyber |
22 | charter school has demonstrated to the department in writing |
23 | satisfaction of a charter agreement under section 1715-A(13). |
24 | (e) Truancy.--If a school district receives a notification |
25 | of enrollment form, as required under subsection (a)(1), that a |
26 | resident student who is a truant from the school district |
27 | schools has enrolled in a cyber charter school, the school |
28 | district shall notify the cyber charter school in writing about |
29 | the student's truancy. The following shall apply: |
30 | (1) Upon receipt of notice by the resident school |
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1 | district of a student's truancy at the school district |
2 | school, the cyber charter school shall provide to the |
3 | student's resident school district evidence during the first |
4 | three months that the student is enrolled in the cyber |
5 | charter school, receiving educational instruction and |
6 | completing assignments as required by the cyber charter |
7 | school. |
8 | (2) If any student enrolled in the cyber charter school |
9 | accrues three or more days of unlawful absences, the cyber |
10 | charter school shall institute truancy proceedings under |
11 | section 1333. |
12 | Section 11. Section 1749-A(a) of the act, added June 29, |
13 | 2002 (P.L.524, No.88), is amended to read: |
14 | Section 1749-A. Applicability of other provisions of this act |
15 | and of other acts and regulations. |
16 | (a) General requirements.--Cyber charter schools shall be |
17 | subject to the following: |
18 | (1) Sections 108, 110, 111, 321, 325, 326, 327, 431, |
19 | 436, 443, 510, 518, 527, 609, 687(a), (b), (c), (d), (h) and |
20 | (j), 708, 752, 753, [755,] 771, 776, 777, 807.1, 808, 809, |
21 | 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301, 1302, 1310, |
22 | 1317.2, 1318, 1330, 1332, 1333, 1354, 1355, 1303-A, 1518, |
23 | 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716- |
24 | A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A, |
25 | 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and 2014-A and |
26 | Articles XII-A, XIII-A [and], XIV and XXIV. |
27 | (2) The act of July 17, 1961 (P.L.776, No.341), known as |
28 | the Pennsylvania Fair Educational Opportunities Act. |
29 | (3) The act of July 19, 1965 (P.L.215, No.116), entitled |
30 | "An act providing for the use of eye protective devices by |
|
1 | persons engaged in hazardous activities or exposed to known |
2 | dangers in schools, colleges and universities." |
3 | (4) Section 4 of the act of January 25, 1966 (1965 |
4 | P.L.1546, No.541), entitled "An act providing scholarships |
5 | and providing funds to secure Federal funds for qualified |
6 | students of the Commonwealth of Pennsylvania who need |
7 | financial assistance to attend postsecondary institutions of |
8 | higher learning, making an appropriation, and providing for |
9 | the administration of this act." |
10 | (5) The act of July 12, 1972 (P.L.765, No.181) entitled |
11 | "An act relating to drugs and alcohol and their abuse, |
12 | providing for projects and programs and grants to educational |
13 | agencies, other public or private agencies, institutions or |
14 | organizations." |
15 | (6) The act of December 15, 1986 (P.L.1595, No.175), |
16 | known as the Antihazing Law. |
17 | (7) The Individuals with Disabilities Education Act |
18 | (Public Law 91-230, 20 U.S.C. § 1400 et seq.). |
19 | (8) The No Child Left Behind Act of 2001. |
20 | * * * |
21 | Section 12. This act shall take effect in 60 days. |
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