(ii) If the secretary determines that a school district or
cyber charter school has engaged in arbitrary, dilatory,
obdurate or vexatious conduct with respect to any matter heard
under this subsection, the secretary may impose against the
party the costs incurred by the department in hearing the matter
and may also impose reasonable counsel fees and other taxable
costs against the party and in favor of the appropriate
prevailing party in the proceeding.
(7) The secretary shall not process a request unless the
student count reflected in any cyber charter school's request is
consistent with terms of the charter agreement signed in
accordance with section 1741-A.
(8) The secretary shall not process a request for a closed
cyber charter school.
(b) It shall be lawful for a cyber charter school to
receive, hold, manage and use, absolutely or in trust, a devise,
bequest, grant, endowment, gift or donation of property, whether
real, personal or mixed, which shall be made to the cyber
charter school for any of the purposes of this article.
(c) It shall be unlawful for a trustee of a cyber charter
school or a board of trustees of a cyber charter school or any
other person affiliated in any way with a cyber charter school
to demand or request, directly or indirectly, a gift, donation
or contribution of any kind from a parent, teacher, employe or
any other person affiliated with the cyber charter school as a
condition for employment, enrollment or continued attendance of
a pupil. A donation, gift or contribution received by a cyber
charter school shall be given freely and voluntarily.
(d) The following apply to penalties:
(1) Notwithstanding any other provision of law, the
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