HB 357 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, providing for transfer of attendance records to another school entity or nonpublic school; in charter schools, further providing for definitions, for establishment of charter school, for contents of application and for term and form of charter, providing for amendments and further providing for enrollment, for cyber charter school requirements and prohibitions, for tort liability and for establishment of cyber charter school.

For a revised application resubmitted 20190HB0357PN1746 - 4 - for the 1997-1998 school year, the board shall consider the 20190HB0357PN2108 - 7 - application at the first board meeting occurring at least thirty (30) days after its receipt.

(4.1) A clear description of the roles and responsibilities of the board of trustees, administrators and any other entities, 20190HB0357PN1746 - 5 - including a charter school foundation, shown in the organization 20190HB0357PN2108 - 8 - chart.

20190HB0357PN1746 - 6 - (H) Investment disclosure or the advance of moneys by the 20190HB0357PN2108 - 9 - educational management service provider on behalf of the charter school entity.

(11) A description of and address of the physical facility 20190HB0357PN1746 - 7 - in which the charter school entity will be located and the 20190HB0357PN2108 - 10 - ownership thereof and any lease arrangements.

[C.2 (relating to background checks for employment in schools)] C (relating to 20190HB0357PN1746 - 8 - powers and duties of department) and section 111 for all 20190HB0357PN2108 - 11 - individuals identified in the application who shall have direct contact with students[.] and a plan for satisfying the proper official clearance statement regarding child injury or abuse required for all other staff.

The department shall review the <--standard REQUIREDapplication UNDERforms SUBSECTIONevery (A).three (3) years and shall submit any recommended revisions in writing to the Education Committee of the Senate and the Education Committee of the House of Representatives.

<--No (C)such THE DEPARTMENT SHALL REVIEW THE standard application forms every three (3) years and shall submit any recommended revisions inshall writingbe made to the Educationstandard Committeeapplication offorms theunless Senate <-- and the Educationrevisions Committeeare ofenacted by the HouseGeneral ofAssembly. Representatives STATE BOARD.

No such recommended revisions shall be made to the <-- standard application forms unless the revisions are enacted <-- APPROVED by the General Assembly.

STATE BOARD.

REVISIONS UNDER <-- 20190HB0357PN2108 - 12 - THIS SUBSECTION SHALL BE AS FOLLOWS:

(1) THE STATE BOARD SHALL TRANSMIT NOTICE OF THE DEPARTMENT'S PROPOSED REVISIONS TO THE STANDARD APPLICATION FORMS TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA BULLETIN.

THE STATE BOARD SHALL GIVE AT LEAST THIRTY (30) DAYS FOR THE SUBMISSION OF PUBLIC COMMENT AND SHALL HOLD AT LEAST ONE PUBLIC HEARING ON THE PROPOSED REVISIONS.

(2) AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD AND THE PUBLIC HEARING, THE STATE BOARD SHALL SUBMIT ALL PUBLIC COMMENTS AND THE TRANSCRIPT OF THE PUBLIC HEARING TO THE EDUCATION COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(3) PRIOR TO THE STATE BOARD APPROVING ANY REVISIONS, TIMELY AND MEANINGFUL CONSULTATION WITH THE CHAIR AND MINORITY CHAIR OF THE EDUCATION COMMITTEE OF THE SENATE AND THE CHAIR AND MINORITY CHAIR OF THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES, WITH THE OPPORTUNITY FOR INPUT, MUST BE GIVEN.

THE DEPARTMENT SHALL PRESENT THE PROPOSED REVISIONS AT A JOINT HEARING OF THE EDUCATION COMMITTEE OF THE SENATE AND THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES, IF REQUESTED, WITHIN 60 DAYS OF SUBMISSION OF PUBLIC COMMENTS AND THE TRANSCRIPT OF THE PUBLIC HEARING UNDER PARAGRAPH (2).

Term and Form of Charter.--(a) Upon 20190HB0357PN1746 - 9 - approval of a charter application under section 1717-A, a written charter shall be developed which shall contain the provisions of the standard charter application under section 1719-A and which shall be signed by the local board of school directors [of a school district], by 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 20190HB0357PN2108 - 13 - to section [1717-A(i)(5)] 1717-A(i)(9) and the board of trustees of the charter school or regional charter school.

(b) (1) Notwithstanding subsection [(a)] (c), a governing board of a school district of the first class may renew a 20190HB0357PN1746 - 10 - 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 governing board in its decision whether to renew the charter for a period of five (5) years.

20190HB0357PN2108 - 14 - (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.

(d) (1) A charter school or regional charter school shall submit a renewal application as provided under section 1719-A(a) with the local board of school directors by December OCTOBER 1 <-- of the final year of the charter.

(2) Within ninety (90) days of receipt of the ONE HUNDRED <-- TWENTY (120) DAYS OF THE RECEIPT OF THE COMPLETE renewal application, the local board of school directors shall vote to renew or not renew the charter.

(3) A decision by the appeal board under this subsection to 20190HB0357PN1746 - 11 - renew a charter shall serve as a requirement for the local board of school directors of a school district or school districts, as appropriate, to sign the renewal of the charter for a charter school or regional charter school as provided for in subsection (a)(2).

If the local board of school directors fails to sign the renewal within ten (10) days of notice, the charter shall be 20190HB0357PN2108 - 15 - signed by the chairman of the appeal board.

Amendments.--(a) Subject to subsection <--(a.1), (a.1) SUBSECTIONS (A.1) AND (A.2), a charter school or regional <-- charter school may request amendments to its approved written charter by filing a written document describing the requested amendment with the local board of school directors no later than December OCTOBER 15 of the school year prior to the school year <-- in which the amendment would take effect.

(A.2) FOR A FIVE-YEAR CHARTER, A CHARTER SCHOOL OR REGIONAL <-- CHARTER SCHOOL MAY ONLY REQUEST AMENDMENTS IN YEAR TWO, THREE OR FOUR OF THE CHARTER TERM.

FOR A THREE-YEAR CHARTER, A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL MAY ONLY REQUEST AMENDMENTS IN YEAR TWO OF THE CHARTER TERM.

(c) Within sixty (60) days after the hearing required under 20190HB0357PN1746 - 12 - subsection (b), the local board of school directors shall grant 20190HB0357PN2108 - 16 - or deny the requested amendment.

(d) Notwithstanding subsection (a), a charter school or <-- regional charter school also may request amendments to its approved written charter at the time of renewal.

(RESERVED).(e) An applicant for an amendment may appeal the denial of a requested amendment under this section to the appeal board provided for under section 1721-A.

<--(f) (e)Except Anin applicantthe forcase of an amendmentemergency, maya appealcharter school or regional charter school which has no restrictions on enrollment expansion shall notify the deniallocal board of aschool requesteddirectors amendmentif underit thisintends sectionto expand enrollment by more than ten per centum no later than December 15 of the school year prior to the appealschool boardyear providedin forwhich underenrollment sectionwould 1721-A.be expanded.

EXCEPT THAT AN APPLICANT MAY <-- NOT APPEAL A DENIAL OF AN AMENDMENT RELATED TO ENROLLMENT GROWTH OR GRADE EXPANSION.

(f) Except in the case of an emergency, a A charter school <-- or regional charter school which has no restrictions on enrollment expansion shall notify the local board of school directors if it intends to expand enrollment by more than ten per centum no later than December 15 of the school year prior to the school year in which enrollment would be expanded.

EXCEPT <-- NOTICE MAY BE GIVEN AT ANY TIME IN THE CASE OF AN EMERGENCY WHICH REQUIRES INCREASED ENROLLMENT.

(1) The planned enrollment levels for each grade for the 20190HB0357PN2108 - 17 - following school year.

(2) If applicable, a description of any CHANGES TO AN <-- EXISTING facility changes needed to accommodate the planned <-- enrollment levels.

(g) Except in the case of an emergency, a A charter school <-- or 20190HB0357PN1746 - 13 - regional charter school which has no OTHER restrictions on <-- enrollment expansion IN ITS CHARTER shall notify the local board <-- of school directors if it intends to change the location of a facility or facilities no later than December 15 of the school year prior to the school year in which the facility change would take placeplace. EXCEPT NOTICE MAY BE GIVEN AT ANY TIME IN THE CASE OF <-- AN EMERGENCY RELATED TO THE FACILITY.

THIS SUBSECTION SHALL NOT APPLY TO A CHARTER SCHOOL OR <-- REGIONAL CHARTER SCHOOL SEEKING TO OPERATE A SCHOOL AT MORE THAN ONE LOCATION, WHICH MUST BE REQUESTED THROUGH THE AMENDMENT PROCESS SET FORTH IN SECTION 1720.1-A.

A CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL MAY OPERATE AT MORE THAN ONE LOCATION WITHIN THE DISTRICT OR DISTRICTS THAT AUTHORIZED THE CHARTER WITHOUT REQUESTING AN AMENDMENT IF OPERATION IN MORE THAN ONE LOCATION IS PERMITTED BY THE TERMS OF THE CHARTER.

FOR PURPOSES OF THIS SECTION, AN "EMERGENCY" SHALL MEAN A MANMADE OR NATURAL DISASTER, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO A SCHOOL BUILDING, ANOTHER CIRCUMSTANCE RENDERING A SCHOOL BUILDING UNFIT OR UNSAFE FOR USE, A DISEASE EPIDEMIC OR A 20190HB0357PN2108 - 18 - HAZARDOUS WEATHER CONDITION.

IF ANOTHER EMERGENCY ARISES THAT REQUIRES EXPANDED ENROLLMENT OR A CHANGE IN FACILITY, THE CHARTER SCHOOL OR REGIONAL CHARTER SCHOOL MUST CONSULT WITH THE AUTHORIZING SCHOOL DISTRICT OR SCHOOL DISTRICTS.

Section 1723-A(a) and (b) of the act are amended and the section is amended by adding a subsection SUBSECTIONS to <-- read:

[If] In the case of a charter school or regional charter school, if more students apply to the charter school or regional charter school than the number of attendance slots available in the school, then students must be selected on a random basis from a pool of [qualified applicants meeting the established eligibility criteria and submitting an application] eligible applicants who have submitted an enrollment form in accordance with clauses (3) and (4) by the deadline established by the charter school or regional charter school, except that the charter school or regional charter school may give preference in enrollment to a child of a parent who has actively participated in the development of the charter school [and] or regional 20190HB0357PN1746 - 14 - charter school, to siblings of students presently enrolled in the charter school or regional charter school and to siblings of students selected for enrollment during the lottery process.

First preference shall be given to students who reside in the district or districts[.] in which the charter school is physically located or in which the regional charter school is 20190HB0357PN2108 - 19 - chartered.

The 20190HB0357PN1746 - 15 - standard enrollment form shall only request information necessary to allow the charter school entity to identify the student, grade level and residency, including:

(ii) The name, physical address, telephone number and e-mail 20190HB0357PN2108 - 20 - address of the student's parent or guardian.

Code §§ 11.12 (relating to school age), 11.13 (relating to compulsory school age), 11.14 (relating to admission to kindergarten when provided), 11.15 (relating to admission of beginners), 11.16 (relating to early admission of beginners) and 12.1 (relating to free education and attendance) and student 20190HB0357PN1746 - 16 - residency requirements.

(b) (1) A charter school entity shall not discriminate in its admission policies or practices on the basis of intellectual ability, [except as provided in paragraph (2), or] athletic ability, measures of achievement or aptitude, status as a person with a disability, proficiency in the English language or any 20190HB0357PN2108 - 21 - other basis that would be illegal if used by a school district.

A PERFORMING <-- ARTS CHARTER SCHOOL ENTITY MAY ESTABLISH REASONABLE ARTISTIC CRITERIA FOR ADMISSION FOR GRADES NINE THROUGH TWELVE, WHICH MUST BE OUTLINED IN THE SCHOOL'S CHARTER TO EVALUATE PROSPECTIVE STUDENTS FOR ENROLLMENT.

(F) UPON NOTIFICATION OF THE NONRENEWAL OR TERMINATION OF A <-- CHARTER UNDER SECTION 1729-A, A CHARTER SCHOOL MAY NOT ENROLL NEW STUDENTS UNLESS THE CHARTER SCHOOL FILES AN APPEAL TO THE CHARTER SCHOOL APPEAL BOARD.

IF THE CHARTER SCHOOL'S APPEAL IS DENIED BY THE CHARTER SCHOOL APPEAL BOARD, THE CHARTER SCHOOL 20190HB0357PN2108 - 22 - MUST IMMEDIATELY STOP ENROLLING NEW STUDENTS.

Sections 1727-A, 1743-A(e) and 1745-A of the act <-- are amended to read:

SECTION 1727-A.

[TORT LIABILITY] LIABILITY AND SECURITY.-- <-- (A) 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 SHALL NOT BE HELD LIABLE FOR ANY ACTIVITY OR OPERATION RELATED TO THE PROGRAM OF THE CHARTER SCHOOL.

(B) (1) A CHARTER SCHOOL SHALL POSSESS AND MAINTAIN ADEQUATE AND APPROPRIATE INSURANCE, BOND OR OTHER SECURITY AS PROVIDED UNDER SECTION 1719-A(A)(17).

THE INSURANCE, BOND OR OTHER SECURITY SHALL BE CONTINUOUSLY MAINTAINED AND SHALL PROVIDE COVERAGE DURING THE TIME THE CHARTER SCHOOL IS IN OPERATION AND FOR SUFFICIENT TIME FOLLOWING THE CHARTER SCHOOL'S CLOSURE TO MAKE PAYMENT ON ALL CLAIMS KNOWN OR WHICH COULD HAVE BEEN KNOWN TO EXIST AT THE TIME OF THE SCHOOL'S CLOSURE.

(2) THE INSURANCE, BOND OR OTHER SECURITY SHALL PROVIDE COVERAGE FOR EDUCATIONAL SERVICES AND FEES AND COSTS INCURRED BY A CHARTER SCHOOL AND PREVAILING PARTIES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C.

§ 1400 ET SEQ.), SECTION 504 OF THE REHABILITATION ACT OF 1973 (PUBLIC LAW 93-112, 29 U.S.C.

§ 701 ET SEQ.) AND RELATED FEDERAL OR STATE LAWS, SALARY AND WAGE PAYMENTS DUE TO EMPLOYES, EMPLOYER AND EMPLOYE CONTRIBUTIONS FOR THE PENNSYLVANIA SCHOOL 20190HB0357PN2108 - 23 - EMPLOYEES RETIREMENT SYSTEM AND OTHER RETIREMENT PROGRAMS OFFERED TO EMPLOYES, MEDICAL AND OTHER HEALTH INSURANCE BENEFITS OFFERED TO EMPLOYES, WORKERS COMPENSATION, UNEMPLOYMENT COMPENSATION AND TAXES AND OTHER LIABILITIES TO FEDERAL, STATE AND LOCAL TAX AGENCIES, SCHOOL DISTRICT OVERPAYMENTS UNDER SECTION 1725-A AND OTHER LIABILITIES REASONABLY CONNECTED TO THE CHARTER SCHOOL'S OPERATIONS.

(3) THE INSURANCE, BOND OR OTHER SECURITY SHALL NAME AS ADDITIONAL INSUREDS, OR OTHERWISE PROVIDE COVERAGE FOR, THE CHARTER AUTHORIZER AND THE COMMONWEALTH AND ITS AGENCIES AND OFFICIALS.

(4) EVIDENCE OF ADEQUATE AND APPROPRIATE INSURANCE, BOND OR OTHER SECURITY AS REQUIRED BY THIS SUBSECTION SHALL BE MADE AVAILABLE TO THE LOCAL BOARD OF SCHOOL DIRECTORS AND THE DEPARTMENT AT THE TIME OF INITIAL APPLICATION AND AT THE TIME OF SUBMISSION OF THE CHARTER RENEWAL APPLICATION.

THE CHARTER SCHOOL SHALL ALSO PROVIDE EVIDENCE OF THE INSURANCE, BOND OR OTHER SECURITY TO PARENTS OR EMPLOYES OF THE CHARTER SCHOOL OR TO THE LOCAL BOARD OF SCHOOL DIRECTORS OR THE DEPARTMENT UPON REQUEST.

THE CHARTER SCHOOL SHALL PROVIDE WRITTEN NOTICE TO THE LOCAL BOARD OF SCHOOL DIRECTORS AND TO THE DEPARTMENT WITHIN TEN (10) DAYS OF ANY CHANGE TO THE INSURANCE, BOND OR SECURITY.

Cyber charter school requirements and 20190HB0357PN1746 - 17 - prohibitions.

(2) provide all equipment, including, but not limited 20190HB0357PN2108 - 24 - to, a computer, computer monitor and printer, provided that a parent or guardian of more than one child who is enrolled in the same cyber charter school may elect not to receive a separate computer, computer monitor and printer for each enrolled child;

20190HB0357PN1746 - 18 - (b) Sectarian entities.--No cyber charter school shall be established or funded by and no charter shall be granted to a sectarian school, institution or other entity.

(b.1) Local board of school directors or intermediate unit.-- (1) Nothing in this article shall be construed to preclude a school district or an intermediate unit from 20190HB0357PN2108 - 25 - offering instruction via the Internet or other electronic means, except that the instruction shall not be recognized as a cyber charter school under this article unless the school district or intermediate unit establishes a cyber charter school under subsection (a) and paragraph (2).

20190HB0357PN1746 - 19 - (f) Evaluation criteria.-- (1) A cyber charter school application pursuant to section 1719-A submitted under this subdivision shall be evaluated by the department based on the following criteria:

20190HB0357PN2108 - 26 - (ii) The capability of the cyber charter school applicant, in terms of support and planning, to provide comprehensive learning experiences to students under the charter.

(3) Upon approval of a cyber charter school application, a written charter shall be developed which shall contain the provisions of the charter application and be signed by the secretary and each member of the board of trustees of the 20190HB0357PN1746 - 20 - cyber charter school.

The charter [shall be for a period of no less than three years nor more than five years and may be renewed for a period of five years by the department.] term shall be as 20190HB0357PN2108 - 27 - follows:

(4) (i) A cyber charter school shall submit a renewal application as provided under section 1719-A with the department by December OCTOBER 1 of the final year of the <-- charter.

(ii) Within 90 120 days of its receipt of the <-- renewal application, the department shall renew or not renew the charter.

(6) (i) Subject to subparagraph (ii), a cyber charter school may request amendments to its approved written charter by filing with the department a written document describing the requested amendment no later than December <-- OCTOBER 15 of the school year prior to the school year in <-- which the amendment would take effect.

(ii) Notwithstanding the notice requirements of 20190HB0357PN1746 - 21 - subparagraph (i), in the event of the impossibility of a cyber charter school's compliance with the terms of a charter due to its inability to acquire services or products outlined in a charter or facility damage, the cyber charter school shall immediately notify the department of the necessity for an emergency amendment, which shall be effective immediately as a temporary 20190HB0357PN2108 - 28 - amendment pending completion of the processes set forth in paragraphs (7) and (8).

(III) FOR A FIVE-YEAR CHARTER, A CYBER CHARTER <-- SCHOOL MAY ONLY REQUEST AMENDMENTS IN YEAR TWO, THREE OR FOUR OF THE CHARTER TERM.

FOR A THREE-YEAR CHARTER, A CYBER CHARTER SCHOOL MAY ONLY REQUEST AMENDMENTS IN YEAR TWO.

(9) Notwithstanding paragraph (6), a cyber charter <-- school also may request amendments to its approved written charter at the time of renewal.

(10) (9) An applicant for an amendment may appeal the <-- denial of a requested amendment under this section to the appeal board provided for under section 1721-A.

EXCEPT20190HB0357PN1746 THAT- <--22 AN- APPLICANT(g) MAYDenied NOTapplication.--A APPEALcyber Acharter DENIALschool RELATEDapplicant TOmay ENROLLMENTrevise GROWTHand ORresubmit GRADEa EXPANSION.denied application to the department.

20190HB0357PN2108 - 29 - (g) Denied application.--A cyber charter school applicant may revise and resubmit a denied application to the department.

20190HB0357PN210820190HB0357PN1746 - 3023 -