Bill Text: PA HB940 | 2009-2010 | Regular Session | Introduced

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Bill Title: In charter schools, further providing for definitions, for school staff, for funding for charter schools, for causes for nonrenewal or termination, for powers and duties of department, for assessment and evaluation, for cyber charter school requirements and prohibitions, for school district and intermediate unit responsibilities, for cyber charter school application, for enrollment and notification and for applicability.

Spectrum: Slight Partisan Bill (Democrat 20-13)

Status: (Introduced - Dead) 2009-03-17 - Referred to EDUCATION [HB940 Detail]

Download: Pennsylvania-2009-HB940-Introduced.html

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PRINTER'S NO. 1078
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 940 Session of2009
INTRODUCED BY BEYER, FLECK, BELFANTI, BRENNAN, BROOKS, CARROLL, CAUSER, D. COSTA, FABRIZIO, GOODMAN, GRUCELA, HANNA, HESS, HORNAMAN, KORTZ, LEVDANSKY, LONGIETTI, MANN, MENSCH, MILLER, MOUL, MUNDY, O'NEILL, PASHINSKI, PICKETT, SIPTROTH, SOLOBAY, SONNEY, VULAKOVICH, WAGNER AND WHITE, MARCH 17, 2009
REFERRED TO COMMITTEE ON EDUCATION, MARCH 17, 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," in charter schools, further providing
for definitions, for school staff, for funding for charter
schools, for causes for nonrenewal or termination, for powers
and duties of department, for assessment and evaluation, for
cyber charter school requirements and prohibitions, for
school district and intermediate unit responsibilities, for
cyber charter school application, for enrollment and
notification and for applicability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1703-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding definitions to read:
Section 1703-A. Definitions.--As used in this article,
* * *
"Cyber charter school fund balance limit" shall mean the
amount determined under section 1725-A.
"Cyber education real cost level" shall mean the amount
established by the department under section 1725-A.
"Cyber special education real cost level" shall mean the
amount established by the department under section 1725-A.
* * *
"Employment cost index" shall have the same meaning as given
to it in section 302 of the act of June 27, 2006 (1st Sp.Sess.,
P.L.1873, No.1), known as the Taxpayer Relief Act.
* * *
"Statewide average weekly wage" shall have the same meaning
as given to it in section 302 of the act of June 27, 2006 (1st
Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act.
Section 2. Section 1724-A(g) and (i) of the act, added June
19, 1997 (P.L.225, No.22), are amended to read:
Section 1724-A. School Staff.--* * *
(g) [Professional] Except as provided under section 1743-
A(k), professional employes who hold a first level teaching or
administrative certificate may, at their option, have the time
completed in satisfactory service in a charter school applied to
the length of service requirements for the next level of
certification.
* * *
(i) All individuals who shall have direct contact with
students or contact through electronic means via the Internet or
e-mail with students shall be required to submit a report of
criminal history record information as provided for in section
111 prior to accepting a position with the charter school. This
subsection shall also apply to any individual who volunteers to
work on a full-time or part-time basis at the charter school.
* * *
20090HB0940PN1078 - 2 -
Section 3. 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
nonresident student attending a charter school.
(1.1) For the 2009-2010 school year and each school year
thereafter, the department shall establish a cyber education
real cost level and a cyber special education real cost level as
follows:
(i) The department shall establish the cyber education real
cost level for the 2009-2010 school year by determining the
lowest 2007-2008 total expenditures per average daily
membership, after having subtracted all expenditures for special
education, of all cyber charter schools that achieved adequate
yearly progress in the 2007-2008 school year. The amount shall
be certified by the department and adjusted annually by the
percentage increase in the average of the Statewide average
weekly wage and the employment cost index.
(ii) The department shall establish the cyber special
education real cost level for the 2009-2010 school year by
calculating the sum of the amount determined under subparagraph
(i) and the lowest 2007-2008 expenditures for special education
per special education student of all cyber charter schools that
achieved adequate yearly progress in the 2007-2008 school year.
The amount shall be certified by the department and adjusted
annually by the percentage increase in the average of the
Statewide average weekly wage and the employment cost index.
(2) (i) For non-special education students enrolled in a
charter school that is not a cyber charter school, the charter
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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.
(ii) (A) In the 2009-2010 school year and each school year
thereafter, for non-special education students enrolled in a
cyber charter school, the cyber charter school shall receive for
each student enrolled the lesser of:
(I) An amount equal to the cyber education real cost level.
(II) The amount determined under subparagraph (i).
(B) The amount under this subparagraph shall be paid by the
district of residence of each student.
(3) (i) For special education students enrolled in a
charter school that is not a cyber charter school, 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 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.
20090HB0940PN1078 - 4 -
(ii) (A) In the 2009-2010 school year and each school year
thereafter, for special education students enrolled in a cyber
charter school, the cyber charter school shall receive for each
student enrolled the lesser of:
(I) An amount equal to the cost of the cyber special
education real cost level.
(II) The amount determined under subparagraph (i).
(B) The amount under this subparagraph shall be paid by the
district of residence of each student.
(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
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. In the case of payment owed to a cyber charter school, a
penalty of three per centum shall be added to the amount and
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forwarded to the cyber 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. The secretary shall rescind
any penalty paid to a cyber charter school under clause (5) on
behalf of a student for whom billing was inaccurate as
determined under this clause.
(7) (i) For the 2009-2010 school year and each school year
thereafter, no cyber charter school shall accumulate an
unreserved, undesignated fund balance greater than the cyber
charter fund balance limit, which shall be determined as
follows:
Cyber Charter School Total Budgeted Expenditures Maximum Unreserved, Undesignated Fund Balance as Percentage of Total Budgeted Expenditures
Less Than or Equal to $11,999,999 12%
Between $12,000,000 and $12,999,999 11.5%
Between $13,000,000 and $13,999,999 11%
Between $14,000,000 and $14,999,999 10.5%
Between $15,000,000 and $15,999,999 10%
Between $16,000,000 and $16,999,999 9.5%
20090HB0940PN1078 - 6 -
Between $17,000,000 and $17,999,999 9%
Between $18,000,000 and $18,999,999 8.5%
Greater Than or Equal to $19,000,000 8%
(ii) Any unreserved, undesignated fund balance in place on
June 30, 2009, that exceeds the cyber charter fund balance limit
shall be distributed by the cyber charter school as follows:
(A) The cyber charter school may expend up to forty per
centum of the fund balance in excess of the limit, but no more
than $1,000,000, on professional development, student supplies,
technology, instructional activities directly affecting student
performance, to provide a discount to the cyber education real
cost level and cyber special education real cost level to all
school districts on behalf of enrolled students or other
activities as approved by the secretary upon application by the
cyber charter school. The funds may not be used to pay bonuses
to any employe or contractor.
(B) The remainder shall be refunded on a pro rata basis
within ninety (90) days to all school districts that paid
tuition to the cyber charter school on behalf of students
enrolled in the 2007-2008 and 2008-2009 school years.
(iii) For the 2009-2010 school year and each school year
thereafter, any unreserved, undesignated fund balance in excess
of the cyber charter fund balance limit shall be refunded on a
pro rata basis to all school districts that paid tuition to the
cyber charter school in the prior school year.
(8) Except in the case of any student enrolled in a cyber
charter school on the effective date of this section, a school
district shall not be required to provide per pupil funding to
cyber charter schools for a student who does not meet the
minimum requirement for the age of kindergarten or beginner
20090HB0940PN1078 - 7 -
established by the board of school directors in the student's
school district of residence. The term "beginners," as used in
this clause, shall mean any child that should enter the lowest
grade of the primary school or the lowest primary class above
the kindergarten level.
(9) If a student's school district of residence does not
offer full-day kindergarten, the school district of residence
shall only be required to pay a cyber charter school one-half of
the amount calculated under clause (2)(ii) or (3)(ii) for any
student who is enrolled in kindergarten in a cyber charter
school.
* * *
Section 4. Section 1729-A(j) of the act, added June 19, 1997
(P.L.225, No.22), is amended to read:
Section 1729-A. Causes for Nonrenewal or Termination.--* * *
(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
within ten (10) days of the revocation or nonrenewal of the
charter.
Section 5. Section 1741-A(a) of the act is amended by adding
a clause to read:
Section 1741-A. Powers and duties of department.
(a) Powers and duties.--The department shall:
* * *
(6) Promulgate regulations in accordance with the act of
June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
20090HB0940PN1078 - 8 -
Act," that provide all of the following with regard to cyber
charter schools:
(i) The minimum number of hours that students must be online
and offline engaged in educational activities in order to meet
the attendance requirements of 22 Pa. Code Ch. 11 (relating to
student attendance).
(ii) The requirements that each cyber charter school must
meet to be able to demonstrate in its annual report to the
department due by August 1 of each year under section 1743-A(f)
that the minimum number of online and offline hours have been
attained by each student.
* * *
Section 6. Section 1742-A of the act, added June 29, 2002
(P.L.524, No.88), is amended to read:
Section 1742-A. Assessment and evaluation.
The department shall:
(1) [Annually] No later than October 1 of each year,
assess whether each cyber charter school is meeting the goals
of its charter and is in compliance with the provisions of
the charter and conduct a comprehensive review prior to
granting a five-year renewal of the charter. The department
shall provide each cyber charter school with the results of
that school's annual assessment in the form of a written
report to be submitted both through United States mail and
electronically by no later than November 1 of each year. The
report shall be posted on the department's Internet website
for no less than a five-year period or until the expiration
of the cyber charter school's current charter, whichever
occurs first.
(2) Annually review each cyber charter school's
20090HB0940PN1078 - 9 -
performance on the Pennsylvania System of School Assessment
test, standardized tests and other performance indicators to
ensure compliance with 22 Pa. Code Ch. 4 (relating to
academic standards and assessment) or subsequent regulations
promulgated to replace 22 Pa. Code Ch. 4.
(3) Have ongoing access to all records, instructional
materials and student and staff records of each cyber charter
school and to every cyber charter school facility to ensure
the cyber charter school is in compliance with its charter
and this subdivision.
Section 7. Section 1743-A(b), (c) and (e) of the act, added
June 29, 2002 (P.L.524, No.88), are amended and the section is
amended by adding subsections to read:
Section 1743-A. Cyber charter school requirements and
prohibitions.
* * *
(b) Enrollment.--A cyber charter school shall [report to the
department an increase or a decrease of 30% or more in its
anticipated enrollment] request approval from the department in
order to increase its enrollment beyond that set forth in the
application under section 1747-A(11).
(c) [School district.--A cyber charter school] Department.--
The department shall make available upon request, either in
writing or electronically, [to each student's school district of
residence] the following:
(1) A copy of the charter.
(2) A copy of the cyber charter school application.
(3) A copy of all annual reports prepared by the cyber
charter school.
[(4) A list of all students from that school district
20090HB0940PN1078 - 10 -
enrolled in the cyber charter school.]
(c.1) School district.--A cyber charter school shall make
available upon request, either in writing or electronically, to
each student's school district of residence a list of all
students from that school district enrolled in the cyber charter
school.
* * *
(e) Students.--For each student enrolled, a cyber charter
school shall:
(1) provide all instructional materials;
(2) provide all equipment, including, but not limited
to, a computer, computer monitor and printer; and
(3) provide or reimburse for all technology and services
necessary for the on-line delivery of the curriculum and
instruction.
The Commonwealth shall not be liable for any reimbursement owed
to students, parents or guardians by a cyber charter school
under paragraph (3). All computers, software and Internet
connections purchased by the cyber charter school shall be the
property of the cyber charter school. If a student discontinues
enrollment in a cyber charter school, the student must return
the school's property in usable condition or pay a civil penalty
in the form of fair market value for the property.
* * *
(j) Board of trustees.--A member of the board of trustees
shall be considered a public official under the act of October
4, 1978 (P.L.883, No.170), referred to as the Public Official
and Employee Ethics Law. No member of the board of trustees may
do business with the school or the management of the school nor
may a person affiliated with the management of the school sit on
20090HB0940PN1078 - 11 -
the board of trustees.
(k) Employes.--Professional employes who hold a first level
teaching or administrative certificate may petition the
department to have the time completed in satisfactory service in
a cyber charter school applied to the length of service
requirements for the next level of certification. The department
shall establish guidelines governing acceptable criteria for
approval of a petition under this subsection.
(l) Out-of-State students.--A cyber charter school may not
expend any funds, including funds provided by the Commonwealth
or by a school district, on the education of any student who is
not a resident of a Pennsylvania school district.
Section 8. Sections 1744-A and 1747-A(11) of the act, added
June 29, 2002 (P.L.524, No.88), are amended to read:
Section 1744-A. School district and intermediate unit
responsibilities.
An intermediate unit or a school district in which a student
enrolled in a cyber charter school resides shall do all of the
following:
(1) Provide the cyber charter school within ten days of
receipt of the notice of the admission of the student under
section 1748-A(a) with all records relating to the student,
including transcripts, test scores and a copy of any
individualized education program for that student.
(2) Provide the cyber charter school with reasonable
access to its facilities for the administration of
standardized tests required under this subdivision.
(3) Upon request and subject to agreement between a
cyber charter school and an intermediate unit or school
district, provide assistance to the cyber charter school in
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the delivery of services to a student with disabilities. The
school district or intermediate unit shall not charge the
cyber charter school more for a service than it charges a
school district.
(4) Make payments to the cyber charter school under
section 1725-A.
Section 1747-A. Cyber charter school application.
In addition to the provisions of section 1719-A, an
application to establish a cyber charter school shall also
include the following:
* * *
(11) The maximum level of [anticipated] enrollment
during each school year of the proposed charter, including
expected increases due to the addition of grade levels.
* * *
Section 9. Section 1748-A(a) of the act, added June 29, 2002
(P.L.524, No.88), is amended and the section is amended by
adding a subsection to read:
Section 1748-A. Enrollment and notification.
(a) Notice to school district.--
(1) Within [15] ten days of the enrollment of a student
to a cyber charter school, the parent or guardian and the
cyber charter school shall notify the student's school
district of residence of the enrollment through the use of
the notification form under subsection (b).
(2) If a school district which has received notice under
paragraph (1) determines that a student is not a resident of
the school district, the following apply:
(i) Within [seven] 20 days of receipt of the notice
under paragraph (1), the school district shall notify the
20090HB0940PN1078 - 13 -
cyber charter school and the department that the student
is not a resident of the school district. Notification of
nonresidence shall include the basis for the
determination.
(ii) Within seven days of notification under
subparagraph (i), the cyber charter school shall review
the notification of nonresidence, respond to the school
district and provide a copy of the response to the
department. If the cyber charter school agrees that a
student is not a resident of the school district, it
shall determine the proper district of residence of the
student before requesting funds from another school
district.
(iii) Within seven days of receipt of the response
under subparagraph (ii), the school district shall notify
the cyber charter school that it agrees with the cyber
charter school's determination or does not agree with the
cyber charter school's determination.
(iv) A school district that has notified the cyber
charter school that it does not agree with the cyber
charter school's determination under subparagraph (iii)
shall appeal to the department for a final determination.
(v) All decisions of the department regarding the
school district of residence of a student shall be
subject to review by the Commonwealth Court.
(vi) A school district shall continue to make
payments to a cyber charter school under section 1725-A
during the time in which the school district of residence
of a student is in dispute.
(vii) If a final determination is made that a
20090HB0940PN1078 - 14 -
student is not a resident of an appealing school
district, the cyber charter school shall return all funds
provided on behalf of that student to the school district
within 30 days.
* * *
(d) Truancy.--If a school district receives a notification
of enrollment form, as required under paragraph (a)(1), that a
resident student who is a truant from the school district
schools has enrolled in a cyber charter school, the school
district shall notify the cyber charter school in writing about
the student's truancy. The following shall apply:
(1) Upon receipt of notice by the resident school
district of a student's truancy at the school district
schools, the cyber charter school shall provide to the
student's resident school district evidence during the first
three months that the student is enrolled in the cyber
charter school, that the student is receiving educational
instruction and completing assignments as required by the
cyber charter school. The evidence shall be provided by the
cyber charter school when it bills the school district for
payment during the first three months of the student's
enrollment.
(2) If the cyber charter school fails to comply with the
requirements of paragraph (1), the student's resident school
district shall not be required to pay the cyber charter
school for that student during that time.
(3) If any student enrolled in the cyber charter school
accrues three or more days of unlawful absences, the cyber
charter school has the authority to and shall be responsible
for instituting truancy proceedings under section 1333.
20090HB0940PN1078 - 15 -
Section 10. Section 1749-A(a) of the act, added June 29,
2002 (P.L.524, No.88), is amended to read:
Section 1749-A. Applicability of other provisions of this act
and of other acts and regulations.
(a) General requirements.--Cyber charter schools shall be
subject to the following:
(1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
436, 443, 510, 518, 527, 609, 687(a), (b), (c), (d), (h) and
(j), 708, 752, 753, [755,] 771, 776, 777, 807.1, 808, 809,
810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301, 1302, 1310,
1317.2, 1318, 1330, 1332, 1333, 1354, 1355, 1303-A, 1518,
1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-
A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A,
1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and 2014-A and
Articles XII-A, XIII-A and XIV.
(2) The act of July 17, 1961 (P.L.776, No.341), known as
the Pennsylvania Fair Educational Opportunities Act.
(3) The act of July 19, 1965 (P.L.215, No.116), entitled
"An act providing for the use of eye protective devices by
persons engaged in hazardous activities or exposed to known
dangers in schools, colleges and universities."
(4) Section 4 of the act of January 25, 1966 (1965
P.L.1546, No.541), entitled "An act providing scholarships
and providing funds to secure Federal funds for qualified
students of the Commonwealth of Pennsylvania who need
financial assistance to attend postsecondary institutions of
higher learning, making an appropriation, and providing for
the administration of this act."
(5) The act of July 12, 1972 (P.L.765, No.181) entitled
"An act relating to drugs and alcohol and their abuse,
20090HB0940PN1078 - 16 -
providing for projects and programs and grants to educational
agencies, other public or private agencies, institutions or
organizations."
(6) The act of December 15, 1986 (P.L.1595, No.175),
known as the Antihazing Law.
* * *
Section 11. This act shall take effect immediately.
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