Bill Text: PA SB610 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further providing, in charter schools, for definitions, for administration, for establishment, for regional schools, for charters, for funding, for tort liability, for nonrenewal and termination and for desegregation orders.

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Introduced - Dead) 2009-03-13 - Referred to EDUCATION [SB610 Detail]

Download: Pennsylvania-2009-SB610-Introduced.html

---

PRINTER'S NO. 659
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 610 Session of2009
INTRODUCED BY PILEGGI, WILLIAMS, PICCOLA, RAFFERTY, FOLMER, ERICKSON, WAUGH, M. WHITE, EARLL, PIPPY, DINNIMAN AND WONDERLING, MARCH 13, 2009
REFERRED TO EDUCATION, MARCH 13, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," further providing, in charter
schools, for definitions, for administration, for
establishment, for regional schools, for charters, for
funding, for tort liability, for nonrenewal and termination
and for desegregation orders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "charter school" and "regional
charter school" in section 1703-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended June 29, 2002 (P.L.524, No.88), are amended and the
section is amended by adding definitions to read:
Section 1703-A. Definitions.--As used in this article,
* * *
"Charter school" shall mean an independent public school
established and operated under a charter from [the local board
of school directors] an initial approving authority and in which
students are enrolled or attend. A charter school must be
organized as a public, nonprofit corporation. Charters may not
be granted to any for-profit entity.
* * *
"Initial approving authority" shall mean the department, a
board of school directors or the governing board of an
intermediate unit or an institution of higher education.
"Institution of higher education" for purposes of this
article shall mean an accredited college or university under 24
Pa.C.S. § 6501 (relating to applicability of chapter) or Article
XX-A of this act or a community college under Article XIX-A of
this act.
* * *
"Regional charter school" shall mean an independent public
school established and operated under a charter from more than
one [local board of school directors] initial approving
authority and in which students are enrolled or attend. A
regional charter school must be organized as a public, nonprofit
corporation. Charters may not be granted to any for-profit
entity.
* * *
Section 2. Sections 1716-A, 1717-A and 1718-A of the act,
added June 19, 1997 (P.L.225, No.22), are amended to read:
Section 1716-A. Powers of Board of Trustees.--(a) The board
of trustees of a charter school shall have the authority to
decide matters related to the operation of the school,
including, but not limited to, budgeting, curriculum and
operating procedures, subject to the school's charter. The board
shall have the authority to employ, discharge and contract with
necessary professional and nonprofessional employes subject to
20090SB0610PN0659 - 2 -
the school's charter and the provisions of this article.
(b) No member of [a local board of school directors of a
school entity] the initial approving authority which granted or
renewed a charter shall serve on the board of trustees of a
charter school that is [located in the member's district] the
subject of the granted or renewed charter.
(c) The board of trustees shall comply with [the act of July
3, 1986 (P.L.388, No.84), known as the "Sunshine Act."] the
provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).
Section 1717-A. Establishment of Charter School.--(a) A
charter school may be established by an individual; one or more
teachers who will teach at the proposed charter school; parents
or guardians of students who will attend the charter school; any
nonsectarian college, university or museum located in this
Commonwealth; any nonsectarian corporation not-for-profit, as
defined in 15 Pa.C.S. (relating to corporations and
unincorporated associations); any corporation, association or
partnership; or any combination thereof. A charter school may be
established by creating a new school or by converting an
existing public school or a portion of an existing public
school. No charter school shall be established or funded by and
no charter shall be granted to any sectarian school, institution
or other entity. No funds allocated or disbursed under this
article shall be used to directly support instruction pursuant
to section 1327.1.
(b) (1) The conversion of an existing public school or
portion of an existing public school to a charter school may be
initiated by any individual or entity authorized to establish a
charter school under subsection (a).
(2) In order to convert an existing public school to a
20090SB0610PN0659 - 3 -
charter school, the applicants must show that:
(i) More than fifty per centum of the teaching staff in the
public school have signed a petition in support of the public
school becoming a charter school; and
(ii) More than fifty per centum of the parents or guardians
of pupils attending that public school have signed a petition in
support of the school becoming a charter school.
(3) In no event shall the [board of school directors]
initial approving authority serve as the board of trustees of an
existing school which is converted to a charter school pursuant
to this subsection.
(c) An application to establish a charter school shall be
submitted to the [local board of school directors of the
district where the charter school will be located] initial
approving authority by November 15 of the school year preceding
the school year in which the charter school will be established.
[except that for a charter school beginning in the 1997-1998
school year, an application must be received by July 15, 1997.
In the 1997-1998 school year only, applications shall be limited
to recipients of fiscal year 1996-1997 Department of Education
charter school planning grants.]
(d) Within forty-five (45) days of receipt of an
application, the [local board of school directors in which the
proposed charter school is to be located] initial approving
authority shall hold at least one public hearing on the
provisions of the charter application, under the [act of July 3,
1986 (P.L.388, No.84), known as the "Sunshine Act."] provisions
of 65 Pa.C.S. Ch. 7 (relating to open meetings). At least forty-
five (45) days must transpire between the first public hearing
and the final decision of the [board] initial approving
20090SB0610PN0659 - 4 -
authority on the charter application. [except that for a charter
school beginning in the 1997-1998 school year, only thirty (30)
days must transpire between the first public hearing and the
final decision of the board.]
(e) (1) Not later than seventy-five (75) days after the
first public hearing on the application, the [local board of
school directors] initial approving authority which received the
application shall grant or deny the application. For a charter
school beginning in the 1997-1998 school year, the local board
of school directors shall grant or deny the application no later
than sixty (60) days after the first public hearing.
(2) A charter school application submitted under this
article shall be evaluated by the [local board of school
directors] initial approving authority based on criteria,
including, but not limited to, the following:
(i) The demonstrated, sustainable support for the charter
school plan by teachers, parents, other community members and
students, including comments received at the public hearing held
under subsection (d).
(ii) The capability of the charter school applicant, in
terms of support and planning, to provide comprehensive learning
experiences to students pursuant to the adopted charter.
(iii) The extent to which the application considers the
information requested in section 1719-A and conforms to the
legislative intent outlined in section 1702-A.
(iv) The extent to which the charter school may serve as a
model for other public schools.
(3) The local board of school directors, in the case of an
existing school being converted to a charter school, shall
establish the alternative arrangements for current students who
20090SB0610PN0659 - 5 -
choose not to attend the charter school.
(4) A charter application shall be deemed approved by the
[local board of school directors of a school district] initial
approving authority upon affirmative vote by a majority of all
the [directors. Formal] members of the board of school directors
or members of the governing board of an intermediate unit or
institution of higher education. Except for approval by the
department, formal action approving or denying the application
shall be taken by [the local board of school directors] that
entity at a public meeting, with notice or consideration of the
application given by the board, under the ["Sunshine Act."]
provisions of 65 Pa.C.S. Ch. 7. A charter application shall be
deemed by the department upon the issuance of written approval
by the department.
(5) Written notice of the [board's] action of an initial
approving authority shall be sent to the applicant, the
department and the appeal board. If the application is denied,
the reasons for the denial, including a description of
deficiencies in the application, shall be clearly stated in the
notice [sent by the local board of school directors] to the
charter school applicant.
(f) At the option of the charter school applicant, a denied
application may be revised and resubmitted to the [local board
of school directors] initial approving authority which denied
the application. Following the appointment and confirmation of
the Charter School Appeal Board under section 1721-A, the
decision of the [local board of school directors] initial
approving authority may be appealed to the appeal board. When an
application is revised and resubmitted to the [local board of
school directors, the board] initial approving authority which
20090SB0610PN0659 - 6 -
denied the application, that initial approving authority may
schedule additional public hearings on the revised application.
The [board] initial approving authority shall consider the
revised and resubmitted application [at the first board meeting
occurring] at least forty-five (45) days after receipt of the
revised application by [the board] that initial approving
authority. For a revised application resubmitted for the
1997-1998 school year, the board shall consider the application
at the first board meeting occurring at least thirty (30) days
after its receipt. The [board] initial approving authority shall
provide notice of consideration of the revised application under
the ["Sunshine Act." No appeal from a decision of a local school
board may be taken until July 1, 1999.] provisions of 65 Pa.C.S.
Ch. 7.
(g) Notwithstanding the provisions of subsection (e)(5),
failure by the [local board of directors] initial approving
authority to hold a public hearing and to grant or deny the
application for a charter school within the time periods
specified in subsections (d)[, (e) and (f)] and (e) shall permit
the applicant for a charter to file its application [as an
appeal to] with the appeal board. In such case, the appeal board
shall review the application and make a decision to grant or
deny a charter based on the criteria established in subsection
(e)(2).
(h) In the case of a review by the appeal board of an
application that is revoked or is not renewed, the appeal board
shall make its decision based on the criteria established in
subsection (e)(2). A decision by the appeal board under this
subsection or subsection (g) to grant, to renew or not to revoke
a charter shall serve as a requirement for the local board of
20090SB0610PN0659 - 7 -
directors of a school district or school districts, as
appropriate, to sign the written charter of the charter school
as provided for in section 1720-A. Should the local board of
directors fail to grant the application and sign the charter
within ten (10) days of notice of reversal of the decision of
the local board of directors, the charter shall be deemed to be
approved and shall be signed by the chairman of the appeal
board.
(i) (1) The appeal board shall have the exclusive review of
an appeal by a charter school applicant, or by the board of
trustees of an existing charter school, of a decision made by [a
local board of directors] an initial approving authority not to
grant a charter as provided in this section. The department
shall develop a form to be used for an appeal.
(2) In order for a charter school applicant to be eligible
to appeal the denial of a charter by [the local board of
directors] an initial approving authority, the applicant must
obtain the signatures of at least two per centum of the
residents of the school district or of one thousand (1,000)
residents, whichever is less, who are over eighteen (18) years
of age. For a regional charter school, the applicant must obtain
the signatures of at least two per centum of the residents of
each school district granting the charter or of one thousand
(1,000) residents from each of the school districts granting the
charter, whichever is less, who are over eighteen (18) years of
age. The signatures shall be obtained within sixty (60) days of
the denial of the application by the local board of directors in
accordance with clause (3).
(3) Each person signing a petition to appeal denial of a
charter under clause (2) shall declare that he or she is a
20090SB0610PN0659 - 8 -
resident of the school district which denied the charter
application and shall include his or her printed name;
signature; address, including city, borough or township, with
street and number, if any; and the date of signing. All pages
shall be bound together. Additional pages of the petition shall
be numbered consecutively. There shall be appended to the
petition a statement that the local board of directors rejected
the petition for a charter school, the names of all applicants
for the charter, the date of denial by the board and the
proposed location of the charter school. No resident may sign
more than one petition relating to the charter school
application within the sixty (60) days following denial of the
application. The department shall develop a form to be used to
petition for an appeal.
(4) Each petition to appeal denial of a charter under clause
(2) shall have appended thereto the affidavit of some person,
not necessarily a signer, setting forth all of the following:
(i) That the affiant is a resident of the school district
referred to in the petition.
(ii) The affiant's residence, giving city, borough or
township, with street and number, if any.
(iii) That the signers signed with full knowledge of the
purpose of the petition.
(iv) That the signers' respective residences are correctly
stated in the petition.
(v) That the signers all reside in the school district.
(vi) That each signer signed on the date set forth opposite
the signer's name.
(vii) That to the best of the affiant's knowledge and
belief, the signers are residents of the school district.
20090SB0610PN0659 - 9 -
(5) If the required number of signatures are obtained on a
petition to appeal denial of a charter under clause (2) within
sixty (60) days of the denial of the application by an initial
approving authority, the applicant may present the petition to
the court of common pleas of the county in which the charter
school would be situated. The court shall hold a hearing only on
the sufficiency of the petition. The applicant and local board
of school directors shall be given seven (7) days' notice of the
hearing. The court shall issue a decree establishing the
sufficiency or insufficiency of the petition. If the petition is
sufficient, the decree shall be transmitted to the State Charter
School Appeal Board for review in accordance with this section.
Notification of the decree shall be given to the applicant and
the local board of directors.
(6) In any appeal, the decision made by the [local board of
directors] initial approving authority shall be reviewed by the
appeal board on the record as certified by the [local board of
directors] initial approving authority. The appeal board shall
give due consideration to the findings of the [local board of
directors] initial approving authority and specifically
articulate its reasons for agreeing or disagreeing with those
findings in its written decision. The appeal board shall have
the discretion to allow the [local board of directors] initial
approving authority and the charter school applicant to
supplement the record if the supplemental information was
previously unavailable.
(7) Not later than thirty (30) days after the date of notice
of the acceptance of the appeal, the appeal board shall meet to
officially review the certified record.
(8) Not later than sixty (60) days following the review
20090SB0610PN0659 - 10 -
conducted pursuant to clause (6), the appeal board shall issue a
written decision affirming or denying the appeal. If the appeal
board has affirmed the decision of the [local board of
directors] initial approving authority, notice shall be provided
to both parties.
(9) A decision of the appeal board to reverse the decision
of the [local board of directors] initial approving authority
shall serve as a requirement for the [local board of directors
of a school district or school districts] initial approving
authority, as appropriate, to grant the application and sign the
written charter of the charter school as provided for in section
1720-A. Should the [local board of directors] initial approving
authority fail to grant the application and sign the charter
within ten (10) days of notice of the reversal of the decision
of the [local board of directors] initial approving authority,
the charter shall be deemed to be approved and shall be signed
by the chairman of the appeal board.
(10) All decisions of the appeal board shall be subject to
appellate review by the Commonwealth Court.
Section 1718-A. Regional Charter School.--(a) A regional
charter school may be established by an individual, one or more
teachers who will teach at the proposed charter school; parents
or guardians of students who will attend the charter school; any
nonsectarian college, university or museum located in this
Commonwealth; any nonsectarian corporation not-for-profit, as
defined in 15 Pa.C.S. (relating to corporations and
unincorporated associations); any corporation, association or
partnership; or any combination thereof. A regional charter
school may be established by creating a new school or by
converting an existing public school or a portion of an existing
20090SB0610PN0659 - 11 -
public school. Conversion of an existing public school to a
regional charter school shall be accomplished in accordance with
section 1714-A(b). No regional charter school shall be
established or funded by and no charter shall be granted to any
sectarian school, institution or other entity.
(b) The boards of school directors of one or more school
districts, or the governing board of any combination of one or
more initial approving authorities, may act jointly to receive
and consider an application for a regional charter school,
except that any action to approve an application for a charter
or to sign a written charter of an applicant shall require an
affirmative vote of a majority of all the school directors of
each of the school districts or a majority of the members of the
governing board of each of the initial approving authorities
involved. [The applicant shall apply for a charter to the board
of directors of any school district in which the charter school
will be located.]
(c) The provisions of this article as they pertain to
charter schools and the powers and duties of the local board of
school directors of a school district and the appeal board shall
apply to regional charter schools, except as provided in
subsections (a) and (b) or as otherwise clearly stated in this
article.
Section 3. Section 1720-A of the act, amended July 9, 2008
(P.L.846, No.61), is amended to read:
Section 1720-A. Term and Form of Charter.--(a) Upon
approval of a charter application under section 1717-A, a
written charter shall be developed which shall contain the
provisions of the charter application and which shall be signed
by the [local board of school directors of a school district, by
20090SB0610PN0659 - 12 -
the local boards of school directors of a school district in the
case of a regional charter school or by the chairman of the
appeal board pursuant to section 1717-A(i)(5)] initial approving
authority and the board of trustees of the charter school. This
written charter, when duly signed by the [local board of school
directors of a school district, or by the local boards of school
directors of a school district in the case of a regional charter
school,] initial approving authority and the charter school's
board of trustees, shall act as legal authorization for the
establishment of a charter school. This written charter shall be
legally binding on both [the local board of school directors of
a school district and the charter school's board of trustees]
the charter school's board of trustees and on the initial
approving authority, as applicable. Except as otherwise provided
in subsection (b), the charter [shall be for a period of no less
than three (3) nor more than five (5) years and may be renewed
for five (5) year periods upon reauthorization by the local
board of school directors of a school district or the appeal
board] may be for a fixed term of no less than three (3) years,
may provide for renewal, or it may provide that it is to remain
in force unless revoked for cause by the department or initial
approving authority. A charter will be granted only for a school
organized as a public, nonprofit corporation.
(b) (1) Notwithstanding subsection (a), a governing board
of a school district of the first class may renew a charter for
a period of one (1) year if the board of school directors
determines that there is insufficient data concerning the
charter school's academic performance to adequately assess that
performance and determines that an additional year of
performance data would yield sufficient data to assist the
20090SB0610PN0659 - 13 -
governing board in its decision whether to renew the charter for
a period of five (5) years.
(2) A one-year renewal pursuant to paragraph (1) shall not
be considered an adjudication and may not be appealed to the
State Charter School Appeal Board.
(3) A governing board of a school district of the first
class does not have the authority to renew a charter for
successive one (1) year periods.
Section 4. Section 1724-A(d) of the act, added June 19, 1997
(P.L.225, No.22), is amended to read:
Section 1724-A. School Staff.--* * *
(d) Every employe of a charter school shall be provided the
same health care benefits as the employe would be provided if he
or she were an employe of the local district. The [local board
of school directors] initial approving authority may require the
charter school to provide the same terms and conditions with
regard to health insurance as the collective bargaining
agreement of the school district to include employe
contributions to the district's health benefits plan. The
charter school shall make any required employer's contribution
to the district's health plan to an insurer, [a local board of
school directors] an initial approving authority or a
contractual representative of school employes, whichever is
appropriate to provide the required coverage.
* * *
Section 5. Section 1725-A(a) of the act, amended June 29,
2002 (P.L.524, No.88), is amended to read:
Section 1725-A. Funding for Charter Schools.--(a) Funding
for a charter school shall be provided in the following manner:
(1) There shall be no tuition charge for a resident or
20090SB0610PN0659 - 14 -
nonresident student attending a charter school.
(2) For non-special education students, the charter school
shall receive for each student enrolled no less than the
budgeted total expenditure per average daily membership of the
prior school year, as defined in section 2501(20), minus the
budgeted expenditures of the district of residence for nonpublic
school programs; adult education programs; community/junior
college programs; student transportation services; for special
education programs; facilities acquisition, construction and
improvement services; and other financing uses, including debt
service and fund transfers as provided in the Manual of
Accounting and Related Financial Procedures for Pennsylvania
School Systems established by the department. This amount shall
be paid by the district of residence of each student[.] or, upon
written request of the charter school, by the department to the
charter school in which a Pennsylvania resident student is
enrolled from any State allocation to which the school district
in which the student resides is entitled. The department shall
notify the school district of the receipt of a request for
direct payment by the department. When the student's district of
residence Annual Financial Report (AFR) contains final school
district fiscal information that causes the funding per student
as defined in this clause to be two percent (2%) or more than
the amount determined by the figures in the budget of the school
district of residence, then the funding per charter school
student shall be recalculated and the difference sent to the
charter school where the student is enrolled.
(3) For special education students, the charter school shall
receive for each student enrolled the same funding as for each
non-special education student as provided in clause (2), plus an
20090SB0610PN0659 - 15 -
additional amount determined by dividing the district of
residence's total special education expenditure by the product
of multiplying the combined percentage of section 2509.5(k)
times the district of residence's total average daily membership
for the prior school year. This amount shall be paid by the
[district of residence of each student.] department to the
charter school which a Pennsylvania resident student is enrolled
from any State allocation to which the school district in which
the special education student resides is entitled. When the
student's district of residence Annual Financial Report (AFR)
contains final school district fiscal information that causes
the funding per student as defined in this clause to be two
percent (2%) or more that the amount determined by the figures
in the budget of the school district of residence, then the
funding per charter school student shall be recalculated and the
difference sent to the charter school where the student is
enrolled.
(4) A charter school may request the intermediate unit in
which the charter school is located to provide services to
assist the charter school to address the specific needs of
exceptional students. The intermediate unit shall assist the
charter school and bill the charter school for the services. The
intermediate unit may not charge the charter school more for any
service than it charges the constituent districts of the
intermediate unit.
(5) Payments shall be made to the charter school in twelve
(12) equal monthly payments, by the fifth day of each month,
within the operating school year. A student enrolled in a
charter school shall be included in the average daily membership
of the student's district of residence for the purpose of
20090SB0610PN0659 - 16 -
providing basic education funding payments and special education
funding pursuant to Article XXV. [If a school district fails to
make a payment to a charter school as prescribed in this clause,
the secretary shall deduct the estimated amount, as documented
by the charter school, from any and all State payments made to
the district after receipt of documentation from the charter
school.]
(6) Within thirty (30) days after the secretary makes the
deduction described in clause (5), a school district may notify
the secretary that the deduction made from State payments to the
district under this subsection is inaccurate. The secretary
shall provide the school district with an opportunity to be
heard concerning whether the charter school documented that its
students were enrolled in the charter school, the period of time
during which each student was enrolled, the school district of
residence of each student and whether the amounts deducted from
the school district were accurate.
* * *
Section 6. Sections 1727-A and 1728-A of the act, added June
19, 1997 (P.L.225, No.22), are amended to read:
Section 1727-A. Tort Liability.--For purposes of tort
liability, employes of the charter school shall be considered
public employes and the board of trustees shall be considered
the public employer in the same manner as political subdivisions
and local agencies. The board of trustees of a charter school
and the charter school shall be solely liable for any and all
damages of any kind resulting from any legal challenge involving
the operation of a charter school. Notwithstanding this
requirement, the local board of directors of a school entity, an
initial approving authority shall not be held liable for any
20090SB0610PN0659 - 17 -
activity or operation related to the program of the charter
school.
Section 1728-A. Annual Reports and Assessments.--(a) The
[local board of school directors] initial approving authority
shall annually assess whether each charter school is meeting the
goals of its charter and shall conduct a comprehensive review
[prior to granting a five (5) year renewal of the charter] every
five (5) years. The [local board of school directors] initial
approving authority shall have ongoing access to the records and
facilities of the charter school to ensure that the charter
school is in compliance with its charter and this act and that
requirements for testing, civil rights and student health and
safety are being met.
(b) In order to facilitate the [local board's] initial
approving authority's review and secretary's report, each
charter school shall submit an annual report no later than
August 1 of each year to the [local board of school directors]
initial approving authority and the secretary in the form
prescribed by the secretary.
(c) Five (5) years following the effective date of this
article, the secretary shall contract with an independent
professional consultant with expertise in public and private
education. The consultant shall receive input from members of
the educational community and the public on the charter school
program. The consultant shall submit a report to the secretary,
the Governor and the General Assembly and an evaluation of the
charter school program, which shall include a recommendation on
the advisability of the continuation, modification, expansion or
termination of the program and any recommendations for changes
in the structure of the program.
20090SB0610PN0659 - 18 -
Section 7. Section 1729-A of the act, amended or added June
19, 1997 (P.L.225, No.22), July 4, 2004 (P.L.536, No.70) and
July 9, 2008 (P.L.846, No.61), is amended to read:
Section 1729-A. Causes for Nonrenewal or Termination.--(a)
During the term of the charter or at the end of the term of the
charter, the [local board of school directors] initial approving
authority may choose to revoke or not to renew the charter based
on any of the following:
(1) One or more material violations of any of the
conditions, standards or procedures contained in the written
charter signed pursuant to section 1720-A.
(2) Failure to meet the requirements for student performance
[set forth in 22 Pa. Code Ch. 5 (relating to curriculum) or
subsequent regulations promulgated to replace 22 Pa. Code Ch. 5]
or failure to meet any performance standard set forth in the
written charter signed pursuant to section 1716-A.
(3) Failure to meet generally accepted standards of fiscal
management or audit requirements.
(4) Violation of provisions of this article.
(5) Violation of any provision of law from which the charter
school has not been exempted, including Federal laws and
regulations governing children with disabilities.
(6) The charter school has been convicted of fraud.
(a.1) When a charter school located in a school district of
the first class is in corrective action status and seeks renewal
of its charter, if the governing body of the school district of
the first class renews the charter, it may place specific
conditions in the charter that require the charter school to
meet specific student performance targets within stated periods
of time subject to the following:
20090SB0610PN0659 - 19 -
(i) The performance targets and the periods of time in which
the performance targets must be met shall be reasonable.
(ii) The placement of conditions in a charter as specified
in this subsection shall not be considered an adjudication and
may not be appealed to the State Charter School Appeal Board.
(iii) If the charter school fails to meet the performance
targets within the stated period of time, such failure shall be
sufficient cause for revocation of the charter.
(b) A member of the board of trustees who is convicted of a
felony or any crime involving moral turpitude shall be
immediately disqualified from serving on the board of trustees.
(c) Any notice of revocation or nonrenewal of a charter
[given by the local board of school directors of a school
district] shall state the grounds for such action with
reasonable specificity and give reasonable notice to the
governing board of the charter school of the date on which a
public hearing concerning the revocation or nonrenewal will be
held. The [local board of school directors] initial approving
authority shall conduct such hearing, present evidence in
support of the grounds for revocation or nonrenewal stated in
its notice and give the charter school reasonable opportunity to
offer testimony before taking final action. Formal action
revoking or not renewing a charter shall be taken by the [local
board of school directors] initial approving authority at a
public meeting pursuant to the [act of July 3, 1986 (P.L.388,
No.84), known as the "Sunshine Act,"] provisions of 65 Pa.C.S.
Ch. 7 (relating to open meetings) after the public has had
thirty (30) days to provide comments to the board. All
proceedings of the local board pursuant to this subsection shall
be subject to 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and
20090SB0610PN0659 - 20 -
procedure of local agencies). Except as provided in subsection
(d), the decision of the local board shall not be subject to 2
Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local
agency action).
(d) Following the appointment and confirmation of the appeal
board, but not before July 1, 1999, the charter school may
appeal the decision of the local board of school directors to
revoke or not renew the charter to the appeal board. The appeal
board shall have the exclusive review of a decision not to renew
or revoke a charter. The appeal board shall review the record
and shall have the discretion to supplement the record if the
supplemental information was previously unavailable. The appeal
board may consider the charter school plan, annual reports,
student performance and employe and community support for the
charter school in addition to the record. The appeal board shall
give due consideration to the findings of the local board of
directors and specifically articulate its reasons for agreeing
or disagreeing with those findings in its written decision.
(e) If the appeal board determines that the charter should
not be revoked or should be renewed, the appeal board shall
order the local board of directors to rescind its revocation or
nonrenewal decision.
(f) Except as provided in subsection (g), the charter shall
remain in effect until final disposition by the appeal board.
(g) In cases where the health or safety of the school's
pupils, staff or both is at serious risk, the local board of
school directors may take immediate action to revoke a charter.
(h) All decisions of the charter school appeal board shall
be subject to appellate review by the Commonwealth Court.
(i) When a charter is revoked, not renewed, forfeited,
20090SB0610PN0659 - 21 -
surrendered or otherwise ceases to operate, the charter school
shall be dissolved. After the disposition of any liabilities and
obligations of the charter school, any remaining assets of the
charter school, both real and personal, shall be distributed on
a proportional basis to the school entities with students
enrolled in the charter school for the last full or partial
school year of the charter school. In no event shall such school
entities or the Commonwealth be liable for any outstanding
liabilities or obligations of the charter school.
(j) When a charter is revoked or is not renewed, a student
who attended the charter school shall apply to another public
school in the student's school district of residence. Normal
application deadlines will be disregarded under these
circumstances. All student records maintained by the charter
school shall be forwarded to the student's district of
residence.
Section 8. Section 1730-A of the act, added June 19, 1997
(P.L.225, No.22), is amended to read:
Section 1730-A. Desegregation Orders.--[The local board of
school directors of] If a school district [which] is operating
under a desegregation plan approved by the Pennsylvania Human
Relations Commission or a desegregation order by a Federal or
State court, an initial approving authority shall not approve a
charter school application if such charter school would place
the school district in noncompliance with its desegregation
order.
Section 9. The following provisions shall apply to charter
school applications made on or after the effective date of this
section:
(1) The amendment or addition of the definition of
20090SB0610PN0659 - 22 -
"charter school," "regional charter school," "initial
approving authority" and "institution of higher education" in
section 1703-A of the act.
(2) The amendment of sections 1716-A, 1717-A, 1718-A,
1720-A, 1724-A(d), 1725-A(a), 1727-A, 1728-A, 1729-A and
1730-A of the act.
Section 10. This act shall take effect in 60 days.
20090SB0610PN0659 - 23 -