2023-2024 Regular Session HB 2370 PN 3196 Bill Text (HTM)

PRINTER'S NO. 3196

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2370

Session of

2024

INTRODUCED BY STURLA, SCHWEYER, ISAACSON, McCLINTON, BRADFORD,

HARRIS, D. MILLER, T. DAVIS, SCHLOSSBERG, KRUEGER, BIZZARRO,

DONAHUE, SANCHEZ, HILL-EVANS, McNEILL, DELLOSO, GIRAL, SMITH-

WADE-EL, FIEDLER, PROBST, KHAN, TAKAC, OTTEN, ABNEY, FREEMAN,

ROZZI, CEPHAS, DAWKINS, KENYATTA, SOLOMON, SHUSTERMAN, BOYD,

HOHENSTEIN, RABB, HADDOCK, HANBIDGE, YOUNG, FLEMING, PARKER,

BULLOCK, PASHINSKI, PROKOPIAK, POWELL, KINSEY, KRAJEWSKI,

N. NELSON, FRIEL, CIRESI, BOROWSKI, CEPEDA-FREYTIZ, PIELLI,

NEILSON, DALEY, CONKLIN, CERRATO, O'MARA, HOWARD, KAZEEM,

BURGOS, WAXMAN, CURRY, MERSKI, KIM, SIEGEL, SAMUELSON,

BRIGGS, HARKINS, GUENST AND KINKEAD, JUNE 3, 2024

REFERRED TO COMMITTEE ON EDUCATION, JUNE 3, 2024

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 preliminary provisions, providing

for advertising and sponsorships; in charter schools, further

providing for definitions, for charter school requirements

and for funding for charter schools, providing for funding

for cyber charter schools, for cyber charter school

requirements, for powers and composition of board of trustees

and for educational management service providers, further

providing for powers and duties of department and for

assessment and evaluation, providing for annual reports and

public reporting and for fund balance limits, further

providing for cyber charter school requirements and

prohibitions and for school district and intermediate unit

responsibilities, providing for access to other schools'

facilities, further providing for establishment of cyber

charter school, providing for renewals, for charter

amendments and for causes for nonrenewal, revocation or

termination, further providing for State Charter School

Appeal Board review, for cyber charter school application and

for enrollment and notification, providing for enrollment

parameters and for enrollee wellness checks and further

providing for applicability of other provisions of this act

and of other acts and regulations; and, in reimbursements by

Commonwealth and between school districts, further providing

for student-weighted basic education funding, providing for

adequacy and tax equity supplements and for accountability to

Commonwealth taxpayers and further providing for Pennsylvania

accountability grants.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 134. Advertising and Sponsorships.--(a) A paid

media advertisement by a public school entity that refers to the

cost of tuition, technology, transportation or other expenses

shall not advertise those expenses as free, and any reference to

tuition, technology, transportation or other expenses must

indicate that the cost is covered by taxpayer dollars.

(b) A public school entity shall be prohibited from paying

for or utilizing any other form of consideration to sponsor a

public event.

shall report to the Department of Education the entity's total

expenditures for paid media advertisements and sponsorships of

public events for the 2023-2024 school year. The department

shall compile the results of the reporting and make the results

available on the Department of Education's publicly accessible

Internet website by December 1, 2025.

(d) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Paid media advertisement." The term includes a television,

radio, newspaper, magazine or movie theater advertisement,

billboard, bus poster or Internet-based or other commercial

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method that may promote enrollment in a public school entity.

"Public event." An activity, event or gathering that members

of the public may attend, has been publicly announced or

publicized in advance and for which an admission fee or cost may

be required. The term includes concerts, performances, sporting

events, fairs, festivals, parades, performances and other

exhibitions. The term shall not include school-sponsored

activities as defined in section 1318.1(j).

"Public school entity." A public school district, charter

school entity as defined in section 1703-A, intermediate unit or

area career and technical school.

Section 2. Section 1703-A introductory paragraph and the

definitions of "appeal board," "chief executive officer" and

"school district of residence" of the act are amended and the

section is amended by adding definitions to read:

Section 1703-A. Definitions.--[As used in this article,] The

following words and phrases when used in this article shall have

the meanings given to them in this section unless the context

clearly indicates otherwise:

"Administrator" shall include the chief administrator of a

charter school entity and all other employes of a charter school

entity who by virtue of their positions exercise management or

operational oversight responsibilities.

* * *

"Appeal board" shall mean the State Charter School Appeal

Board established [by this article] under section 1721-A.

* * *

"Charter school entity" shall mean a charter school, regional

charter school, cyber charter school or multiple charter school

organization.

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"Charter school foundation" shall mean a nonprofit

organization qualified as federally tax exempt under 26 U.S.C. §

501(c)(3) (relating to exemption from tax on corporations,

certain trusts, etc.), that provides funding or resources or

otherwise serves to support a charter school entity .

"Chief [executive officer] administrator" shall mean an

individual appointed by the board of trustees to oversee and

manage the operation of [the] a charter school entity, but who

shall not be deemed a professional staff member under this

article.

"Compensation" shall include money or other remuneration

received from a charter school entity.

* * *

"Educational management service provider" shall mean a

nonprofit or for-profit charter management organization,

education management organization, school design provider,

business manager or any other entity or individual that enters

into a contract or agreement with a charter school entity to

provide instructional, curricular or educational design,

administrative or business services, comprehensive management or

personnel functions or to implement the charter. The term shall

include the subsidiaries or subcontractors of an individual or

entity. The term shall not include a charter school foundation.

"Eligible applicant" shall mean a student who is seeking to

enter a grade level offered by the charter school entity and

meets the requirements of 22 Pa. 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

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attendance) and student residency requirements.

"Emergency" shall mean a manmade or natural disaster. The

term includes a fire, a flood, an environmental hazard, damage

to a school building or other circumstance that impacts or could

impact the health or safety of students or staff or renders all

or part of a charter school facility unfit for use or

occupation.

"Family member" shall mean a parent, stepparent, child,

stepchild, spouse, domestic partner, brother, sister,

stepbrother, stepsister, grandparent, grandchild, parent-in-law,

brother-in-law, sister-in-law, aunt, uncle, or first cousin.

* * *

"Multiple charter school organization" shall mean a public,

nonprofit corporation under the oversight of a single board of

trustees and a chief administrator that operates two (2) or more

charter schools under section 1729.1-A.

"Nonrelated" shall mean an individual who is not a family

member.

"Public hearing" shall mean a meeting held pursuant to 65

Pa.C.S. Ch. 7 (relating to open meetings) where the contemplated

action is considered and opportunities for the public to comment

on the contemplated action are provided during the meeting.

* * *

"School district of residence" shall mean the school district

in this Commonwealth in which [the parents or guardians of a

child reside.] a child resides as determined under section 1302

and 22 Pa. Code § 11.11(a)(1) (relating to entitlement of

resident children to attend public schools).

* * *

Section 2.1. Section 1715-A(12) of the act is amended to

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read:

Section 1715-A. Charter School Requirements.--Charter

schools shall be required to comply with the following

provisions:

* * *

(12) A person who serves as an administrator for a charter

school shall not receive compensation from another charter

school or from a company that provides management or other

services to another charter school. The term "administrator"

shall include the chief [executive officer] administrator of a

charter school and all other employes of a charter school who by

virtue of their positions exercise management or operational

oversight responsibilities. A person who serves as an

administrator for a charter school shall be a public official

under 65 Pa.C.S. Ch. 11 (relating to ethics standards and

financial disclosure). A violation of this clause shall

constitute a violation of 65 Pa.C.S. § 1103(a) (relating to

restricted activities), and the violator shall be subject to the

penalties imposed under the jurisdiction of the State Ethics

Commission.

Section 3. Section 1725-A(a) introductory paragraph of the

act is amended to read:

Section 1725-A. Funding for Charter Schools.--(a) [Funding]

Except as provided in section 1725.1-A, funding for a charter

school shall be provided in the following manner:

* * *

Section 4. The act is amended by adding sections to read:

Section 1725.1-A. Funding for Cyber Charter Schools.--(a)

Notwithstanding section 1725-A(a)(2) and (3), per-student

funding amounts for students attending a cyber charter school

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shall be calculated in accordance with this section.

(b) A cyber charter school may not charge tuition for a

student attending a cyber charter school. Beginning in the 2024-

2025 school year, a cyber charter school shall be paid by a

student's school district of residence using the Statewide Cyber

Charter School Tuition Rate, or the rate calculated under

section 1725-A(a)(2), whichever is lower.

for non-special education students, a cyber charter school shall

receive for each student enrolled eight thousand dollars

($8,000). This amount shall be the Statewide Cyber Charter

School Tuition Rate.

(d) Beginning in the 2027-2028 school year and every three

(3) years thereafter, the Statewide Cyber Charter School Tuition

Rate shall be adjusted by the average annual percentage change

in real estate tax collection for all school districts for the

most recent three (3) year period as reported on the annual

financial report submitted in accordance with section 218. If

the average change is less than zero (0), there shall be no

change in the Statewide Cyber Charter School Tuition Rate.

(e) On or before April 30, 2027, and by April 30 of each

third year thereafter, the department shall calculate and post

on its publicly accessible Internet website the Statewide Cyber

Charter School Tuition Rate payable by a student's school

district of residence under subsection (d) for the next three

(3) school years .

(f) For special education students, a cyber charter school

shall receive the Statewide Cyber Charter School Tuition Rate

adjusted as follows:

(1) For each special education student enrolled in the cyber

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charter school, multiply the Statewide Cyber Charter School

Tuition Rate by one and sixty-four hundredths (1.64).

(2) If the cyber charter school determines that the annual

expenditure for providing special education specific services

and programs to an enrolled student is likely to meet or exceed

the amount specified under section 1372(8) for Category 2, the

cyber charter school may apply to the department for an increase

in the Statewide Cyber Charter School Tuition Rate for the

student.

(3) If the department determines that the annual expenditure

for providing special education specific services and programs

to an enrolled student is likely to meet or exceed the amount

specified in section 1372(8) for Category 2, the department

shall direct the school district to pay the Statewide Cyber

Charter School Tuition Rate for the student adjusted as follows:

(i) for each special education student enrolled in the cyber

charter school for which the annual expenditure is in Category

2, multiply the Statewide Cyber Charter School Tuition Rate by

three and eight hundredths (3.08); or

(ii) for each special education student enrolled in the

cyber charter school for which the annual expenditure is in

Category 3, multiply the Statewide Cyber Charter School Tuition

Rate by six and thirty-four hundredths (6.34). For purposes of

this subparagraph, Category 3 shall include students in

Categories 3A and 3B under section 1372(8).

(g) The per-student amounts required under subsection (f)

shall be calculated by the department and posted on its publicly

accessible Internet website and shall be paid by the school

district of residence of each student.

(h) In accordance with guidelines developed by the

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department, to be eligible to receive funding for special

education students under subsection (f)(2) and (3), the cyber

charter school shall provide the department with appropriate

documentation on the likely annual expenditure for providing an

education to the student.

(i) The weights provided under subsection (f) shall be

updated whenever the weights under section 2509.5(bbb)(2) for

the respective categories are adjusted for school districts.

(j) The calculation made under subsection (f) may not result

in a payment that exceeds the maximum amount within the

category's dollar range and the calculation under subsection (f)

(3)(ii) may not result in a payment that exceeds the actual

annual expenditure of providing an education to the student. If

the actual annual expenditure of providing special education

specific services and programs to a student in Category 3 is

less than the amount the cyber charter school received for the

student, the cyber charter school shall return to the school

district of residence any overage the cyber charter school

received for the student no later than August 1 of each year.

Section 1740-A. Cyber charter school requirements.

(a) General rule.--Cyber charter schools shall be required

to comply with the following provisions:

(1) Except as otherwise provided in this article, a

cyber charter school is exempt from statutory requirements

established in this act, from regulations of the State board

and the standards of the secretary not specifically

applicable to cyber charter schools. Cyber charter schools

are not exempt from statutes applicable to public schools

other than this act.

(2) A cyber charter school shall be accountable to the

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parents, guardians, families, the public, the department and

the Commonwealth, with the delineation of that accountability

reflected in the charter. Strategies for meaningful parent,

guardian, family and community involvement shall be developed

and implemented by each cyber charter school.

(3) A cyber charter school shall not unlawfully

discriminate in admissions, hiring or operation.

(4) A cyber charter school shall be nonsectarian in all

operations.

(5) (i) Subject to subparagraph (ii), a cyber charter

school shall not provide any religious instruction, nor

shall it display religious objects and symbols on the

premises of the cyber charter school.

(ii) It shall not be a violation of this paragraph

for a cyber charter school to utilize a sectarian

facility:

(A) if the cyber charter school provides for

discrete separate entrances to buildings utilized for

school purposes only;

(B) if the religious objects and symbols within

the portions of the facility utilized by the cyber

charter school are covered or removed; or

or its common areas contain religious symbols and

objects.

(6) A cyber charter school shall not advocate unlawful

behavior.

(7) A cyber charter school shall participate in the

Pennsylvania State Assessment System as provided for in 22

Pa. Code Ch. 4 (relating to academic standards and

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assessment), or subsequent regulations promulgated to replace

22 Pa. Code Ch. 4, in the same manner as school districts.

(8) A cyber charter school shall provide a minimum of

180 days of instruction or 900 hours per year of instruction

at the elementary level or 990 hours per year of instruction

at the secondary level.

(9) Boards of trustees and contractors of cyber charter

schools shall be subject to the following statutory

requirements governing construction projects and

construction-related work:

(i) The following provisions of this act:

(A) Sections 751 and 751.1.

(B) Sections 756 and 757 insofar as they are

consistent with the act of December 20, 1967

(P.L.869, No.385), known as the Public Works

Contractors' Bond Law of 1967.

(ii) Section 1 of the act of May 1, 1913 (P.L.155,

No.104), entitled "An act regulating the letting of

certain contracts for the erection, construction, and

alteration of public buildings."

(iii) The act of August 11, 1961 (P.L.987, No.442),

known as the Pennsylvania Prevailing Wage Act.

(iv) The Public Works Contractors' Bond Law of 1967.

(v) The act of March 3, 1978 (P.L.6, No.3), known as

the Steel Products Procurement Act.

(10) Trustees of a cyber charter school shall be public

officials for the purposes of 65 Pa.C.S. Ch. 11 (relating

to ethics standards and financial disclosure), and each

trustee shall file a statement of financial interests for

the preceding calendar year with the secretary of the

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board of trustees of the cyber charter school, the State

Ethics Commission and the department not later than May 1

of each year that members hold the position and of the

year after a member leaves the position. In the event

that the trustee was appointed or selected after May 1,

the trustee shall file a statement of financial interests

in accordance with this clause within 30 days of

appointment or selection. All members of the board of

trustees of a cyber charter school shall take the oath of

office as required under section 321 before entering upon

the duties of their office.

(b) Employees.--

(1) An administrator for a cyber charter school shall be

an employee of the cyber charter school and shall not receive

compensation from another charter school entity, from an

educational management service provider, from a charter

school foundation or from a company that provides management

or other services to another charter school entity.

(2) An administrator for a cyber charter school shall be

a public employee under 65 Pa.C.S. Ch. 11 and shall file a

statement of financial interest for the preceding calendar

year with the secretary of the board of trustees of the cyber

charter school not later than May 1 of each year that the

person holds the position and of the year after the person

leaves the position. In the event that the administrator was

appointed after May 1, the administrator shall file a

statement of financial interest in accordance with this

clause within 30 days of appointment.

(3) An administrator of a cyber charter school or family

member of an administrator may not serve as a voting member

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of the board of trustees of the cyber charter school that

employs the administrator or of a charter school foundation

that supports the cyber charter school.

(4) An administrator of a cyber charter school may not

participate in the selection, award or administration of a

contract if the administrator has a conflict of interest as

the term is defined in 65 Pa.C.S. § 1102 (relating to

definitions). A contract made in violation of this paragraph

shall be voidable by the board of trustees of the cyber

charter school.

(5) An administrator shall be immediately dismissed upon

conviction or upon a plea of guilty or nolo contendere for an

offense graded as a felony, an infamous crime, an offense

pertaining to fraud, theft or mismanagement of public funds

or any crime involving moral turpitude.

(6) Cyber charter schools shall use the revised rating

system specified in Article XI Subarticle (c.1) to evaluate

employees serving as principals or school leaders, classroom

teachers and nonteaching professional employees.

Section 1740.1-A. Powers and composition of board of trustees.

(a) General rule.--The board of trustees of a cyber 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 employees subject to the school's charter and

the provisions of this article.

(b) Prohibition.--No member of a local board of school

directors of a school entity shall serve on the board of

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trustees of a cyber charter school.

65 Pa.C.S. Ch. 7 (relating to open meetings).

(d) Board .--

(1) An individual shall be prohibited from serving as a

voting member of the board of trustees of a cyber charter

school under any of the following conditions:

(i) If the individual or a family member of the

individual is employed by or receives compensation from

the cyber charter school.

(ii) If the individual is employed by either:

(A) the board of trustees or directors of a

charter school foundation that supports the cyber

charter school; or

(B) the board of trustees or directors of an

educational management service provider that

contracts with the cyber charter school.

(iii) The individual serves as a voting member of

the board of trustees of another charter school entity.

(2) A member of the board of trustees of a cyber charter

school may not participate in the selection, award or

administration of any contract if the member has a conflict

of interest as the term is defined in 65 Pa.C.S. § 1102

(relating to definitions).

(3) A member of the board of trustees of a cyber charter

school who in the discharge of the member's official duties

would be required to vote on a matter that would result in a

conflict of interest must abstain from voting and follow the

procedures required under 65 Pa.C.S. § 1103(j) (relating to

restricted activities).

20240HB2370PN3196 - 14 -

(4) A member of the board of trustees of a cyber charter

school or family member of a member of a board of trustees of

a cyber charter school shall not, directly or through any

other individual, entity, partnership or corporation in which

the member holds stock or has a financial interest or other

organization, provide a loan, forbearance or forgiveness of a

loan or other debt, service or product or lease property to

the cyber charter school.

(5) A member of the board of trustees of a cyber charter

school who violates the provisions of this subsection commits

a violation of 65 Pa.C.S. § 1103(a) and shall be subject to

the penalties imposed under the jurisdiction of the State

Ethics Commission.

(6) A contract made in violation of this subsection

shall be voidable by a court of competent jurisdiction.

(e) Compensation.--A member of the board of trustees of a

cyber charter school shall not be compensated for duties on the

board of trustees, except that the cyber charter school may

reimburse the members for reasonable expenses incurred in the

performance of their duties. A report detailing the reasons for

and amounts of reimbursements paid to each member of the board

of trustees shall be made available upon request of any person,

including in response to a request under the act of February 14,

2008 (P.L.6, No.3), known as the Right-to-Know Law.

(f) Action .--

(1) A majority of the voting members of the board of

trustees shall constitute a quorum. If less than a majority

is present at any meeting, no business may be transacted at

the meeting but the members present may adjourn to some

stated time.

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(2) The affirmative vote of a majority of all the voting

members of the board of trustees, duly recorded, showing how

each member voted, shall be required in order to take

official action.

(g) Composition.--

(1) The board of trustees of a cyber charter school

shall consist of a minimum of seven nonrelated voting

members. If a cyber charter school has fewer than seven

members serving on its board of trustees on the effective

date of this subsection, the cyber charter school shall,

within 60 days, appoint or select additional members to the

board of trustees to meet the minimum requirements of this

section.

(2) Within one year of the effective date of this

subsection, the board of trustees shall include at least one

parent or guardian of a student enrolled in the cyber charter

school. The trustee appointed under this paragraph shall be

eligible to serve only so long as they have at least one

child enrolled in the cyber charter school. This subparagraph

shall not apply to a cyber charter school that serves

primarily adjudicated youth.

(3) A member of the board of trustees of a cyber charter

school shall be automatically disqualified and immediately

removed from the board of trustees upon conviction or upon a

plea of guilty or nolo contendere for an offense graded as a

felony, an infamous crime, an offense pertaining to fraud,

theft or mismanagement of public funds, any offense

pertaining to the member's official capacity as a member of

the board of trustees, an offense listed in section 111(e) or

any crime involving moral turpitude. A member of the board of

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trustees may also be removed from the board of trustees for

violation of applicable laws, regulations and terms of the

charter as well as any standards for board of trustees'

performance established by the board of trustees.

(4) In case any vacancy shall occur in any board of

trustees by reason of death, resignation or otherwise, the

vacancy shall be filled within 60 days following the vacancy.

Section 1740.2-A. Educational management service providers.

(a) General rule.--An educational management service

provider that provides a service to a cyber charter school:

(1) Is a local agency for the purpose of the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law.

(2) Shall maintain a publicly accessible Internet

website detailing the salaries and other compensation and

titles of its employees, officers and directors.

(b) Employees.--Employees of an educational management

service provider that provides a service to a cyber charter

school are public employees for the purpose of 65 Pa.C.S. Ch. 11

(relating to ethics standards and financial disclosure).

Section 5. Sections 1741-A and 1742-A of the act are amended

to read:

Section 1741-A. Powers and duties of department.

(a) Powers and duties.--The department shall have all powers

necessary to:

(1) Receive, review and act on applications for the

creation of a cyber charter school [and have] including, but

not limited to, the power to request further information from

applicants, obtain input from interested persons or entities

and hold public hearings regarding applications. At least one

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public hearing shall be held prior to granting or denying an

application.

(2) [Renew] Receive, review and act on applications to

amend and renew the charter of a cyber charter school. [and

renew the charter of a charter school approved under section

1717-A or 1718-A which provides instruction through the

Internet or other electronic means. Upon renewal of a charter

of a charter school approved under section 1717-A or 1718-A,

the charter school shall qualify as a cyber charter school

under this subdivision and shall be subject to the provisions

of this subdivision.]

(3) Revoke or deny renewal of a cyber charter school's

charter under the provisions of section [1729-A] 1745.3-A.

[(i) Notwithstanding the provisions of section 1729-

A(i), when the department has revoked or denied renewal

of a charter, the cyber charter school shall be

dissolved. After the disposition of the liabilities and

obligations of the cyber charter school, any remaining

assets of the cyber charter school shall be given over to

the intermediate unit in which the cyber charter school's

administrative office was located for distribution to the

school districts in which the students enrolled in the

cyber charter school reside at the time of dissolution.

(ii) Notwithstanding any laws to the contrary, the

department may, after notice and hearing, take immediate

action to revoke a charter if:

(A) a material component of the student's

education as required under this subdivision is not

being provided; or

(B) the cyber charter school has failed to

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maintain the financial ability to provide services as

required under this subdivision.]

(4) Execute charters after approval.

[(5) Develop forms, including the notification form

under section 1748-A(b), necessary to carry out the

provisions of this subdivision.]

(b) Hearings.--[Hearings] Public hearings conducted by the

department shall be conducted under 65 Pa.C.S. Ch. 7 (relating

to open meetings).

subject to the act of [June 21, 1957 (P.L.390, No.212), referred

to as the Right-to-Know Law.] February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(d) Form.--

(1) The department shall develop a standard enrollment

form in both paper and electronic formats that shall be used

by all eligible applicants to apply to a cyber charter

school. The standard enrollment form shall only request

information necessary to allow the cyber charter school to

identify the student, grade level and residency, including:

(i) The student's name, address of residence,

resident school district, telephone number, age, birth

date, current grade level and the grade level in which

the student is being enrolled. The cyber charter school

shall be required to verify the student's residency

within the school district of residence.

(ii) The name, address of residence and telephone

number or e-mail address of the student's parent or

guardian.

(iii) The date and grade level in which the student

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will be enrolled.

(iv) A space for the cyber charter school to include

the name of the cyber charter school and the name,

telephone number and email address of a contact person at

the cyber charter school.

(v) The signature of the parent or guardian and an

authorized representative of the cyber charter school.

(2) The standard enrollment form shall be made

physically available at each cyber charter school location,

in a form that complies with Federal and State law, and

posted on the publicly accessible Internet website of the

cyber charter school. A cyber charter school may accept the

enrollment form via paper or electronic means.

(3) A cyber charter school shall not require or request

information beyond the contents of the standard enrollment

form developed by the department.

(4) Nothing in this subsection shall be construed to

prohibit a cyber charter school from requesting the

submission of additional records and information that public

schools are entitled to receive after a student is accepted

for admission to, and has indicated an intent to enroll in,

the cyber charter school.

[Section 1742-A. Assessment and evaluation.

The department shall:

(1) Annually 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.

(2) Annually review each cyber charter school's

performance on the Pennsylvania System of School Assessment

20240HB2370PN3196 - 20 -

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 6. The act is amended by adding sections to read:

Section 1742.1-A. Annual reports and public reporting.

(a) Department duties.--The department shall:

(1) Annually assess and evaluate whether each cyber

charter school is meeting the goals of its charter. This may

include, but not be limited to, a review of academic

performance, financial management, audit results, governance

and operation, and compliance with state and federal laws and

regulations.

(2) Conduct a comprehensive review prior to granting a

renewal of the charter. This may include, but not be limited

to, a review of academic performance, financial management,

audit results, governance and operation, and compliance with

state and federal laws and regulations.

(3) Have ongoing access to the records, systems and

facilities of the cyber charter school and any related

charter school foundation or educational management service

provider to facilitate the annual and comprehensive reviews

required in this subsection and to ensure that the cyber

charter school is in compliance with its charter and this

article and that requirements for testing, civil rights and

20240HB2370PN3196 - 21 -

student health and safety are being met.

(b) Report.--In order to facilitate the department's review

under subsection (a), each cyber charter school shall submit an

annual report no later than August 1 of each year to the

department and all local boards of school directors that have a

student enrolled in the cyber charter school in the form

prescribed by the department. The following shall apply to the

report:

(1) The annual report submitted under this subsection

shall include, but not be limited to, the number of students

who enroll in the cyber charter school and the number of

those students who are identified by the cyber charter school

as needing special education as well as the level of services

being provided to the student.

(2) A copy of the annual report submitted under this

subsection, including all exhibits and attachments to the

report, shall also be maintained at each facility of the

cyber charter school and be made available for public

inspection and copying and shall be posted on the cyber

charter school's publicly accessible Internet website.

with the requirements of the Family Educational Rights and

Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) and

associated regulations in all public reporting.

(d) Annual audit.--A cyber charter school shall form an

independent audit committee of its board of trustees members,

which shall review at the close of each fiscal year a complete

certified audit of the operations of the cyber charter school.

The audit shall be conducted by a qualified independent

certified public accountant. The audit shall be presented at a

20240HB2370PN3196 - 22 -

public meeting of the board of trustees. The audit shall be

conducted under generally accepted audit standards of the

Governmental Accounting Standards Board and shall at a minimum

include the following:

(1) An enrollment audit to verify the accuracy of

student enrollment, including the enrollment, withdrawal and

residency of students and the reporting of the enrollment

information to the department and the school district of

residence.

(2) Full review of expense reimbursements for board of

trustees members and administrators, including sampling of

all reimbursements.

(3) Review of internal controls, including review of

receipts and disbursements.

(4) Review of annual Federal and State tax filings,

including the Internal Revenue Service Form 990, Return of

Organization Exempt from Income Tax and all related schedules

and appendices for the cyber charter school, the educational

management service provider and the charter school

foundation, if applicable.

(5) Review of the financial statements of any charter

school foundation.

(6) Review of the selection and acceptance process of

all contracts publicly bid pursuant to sections 751 and

807.1.

(7) Review of all board policies and procedures with

regard to internal controls, codes of ethics, conflicts of

interest, whistle-blower protections; complaints from

parents, guardians or the public; compliance with 65 Pa.C.S.

Ch. 7 (relating to open meetings); finances; budgeting;

20240HB2370PN3196 - 23 -

audits; public bidding; and bonding.

(e) Audit.--A cyber charter school may be subject to an

annual audit by the Auditor General, the department, or any

other entity granted authority to audit cyber charter schools in

addition to any other audits required by Federal or State law or

this act.

(f) Budget .--

(1) A cyber charter school shall annually, not later

than June 30 of each year, adopt and provide the department

and any school district which has a student enrolled with a

copy of the annual budget on a form prepared by the

department, which shall require that the cyber charter school

provide no more information than that provided by school

districts pursuant to section 687.

(2) The cyber charter school shall print or otherwise

make available for public inspection a copy of the proposed

annual budget to all persons at least 20 days prior to the

date set for the adoption of the final budget. A copy of the

annual budget shall also be posted on the cyber charter

school's publicly accessible Internet website.

(3) On the date of adoption of the proposed budget

required under this subsection, the president or chair of the

cyber charter school's board of trustees shall certify to the

department that the proposed budget has been prepared,

presented and made available for public inspection using the

uniform form prepared and furnished by the department. The

certification shall be in a form and manner as required by

the department. Final action shall not be taken on a proposed

budget that has not been prepared, presented and made

available for public inspection using the uniform form

20240HB2370PN3196 - 24 -

prepared and furnished by the department.

(4) The annual budget adopted and submitted under this

subsection shall not exceed the amount of funds available to

the cyber charter school.

(g) Accessibility.--Notwithstanding any other provision of

law, a cyber charter school and an affiliated charter school

foundation shall make copies of the following available upon

request and on the cyber charter school's or charter school

foundation's publicly accessible Internet website, if one is

maintained:

(1) Annual budgets for the cyber charter school, as

provided for in subsection (f), and charter school foundation

for the most recent five school years, as available. A

charter school foundation shall include in its annual budget

the salaries of all employees of the charter school

foundation.

(2) Annual Federal and State tax filings, including

Internal Revenue Service Form 990, Return of Organization

Exempt from Income Tax and all related schedules and

appendices for the cyber charter school and charter school

foundation for the previous five school years.

(3) Certified audits under subsection (d) and any

Federal and State audits provided under subsection (e) for

the cyber charter school and charter school foundation for

the previous five school years, as available.

(4) Annual reports filed by the cyber charter school

under subsection (b) for the previous five school years, as

available.

Section 1742.2-A. Fund balance limits.

(a) Limitation.--For the 2025-2026 school year and each

20240HB2370PN3196 - 25 -

school year thereafter a cyber charter school shall not

accumulate an unassigned fund balance that exceeds the

following:

Cyber Charter School

Total Budgeted

Expenditures

Estimated Ending Unassigned 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%

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%

(b) Refund.--Any unassigned fund balance in place on June

30, 2025, and on June 30 of each year thereafter in excess of

the fund balance limit established in subsection (a) shall be

refunded on a pro rata basis within 90 days to all school

districts that paid tuition to the cyber charter school in the

prior school year, based upon the number of students for whom

each school district paid tuition to the cyber charter school

multiplied by the Statewide Cyber Charter School Tuition Rate

under section 1725.1-A.

each year thereafter, each cyber charter school shall provide

the department and all school districts that paid tuition to the

cyber charter school in the prior school year with information

certifying compliance with this section. The information shall

be provided in a form and manner prescribed by the department

20240HB2370PN3196 - 26 -

and shall include information on the cyber charter school's

estimated ending unassigned fund balance expressed as a dollar

amount and as a percentage of the cyber charter school's total

budgeted expenditures for that school year.

(d) Prohibition.--Unassigned funds of the cyber charter

school in excess of the unassigned fund balance limit may not be

used to pay bonuses to an administrator, a board of trustees

member, an employee, a staff member or a contractor and may not

be transferred to a charter school foundation. If a cyber

charter school uses funds in excess of the unassigned fund

balance limit to pay bonuses to an administrator, a board of

trustees member, an employee, a staff member or a contractor or

transfers the funds to a charter school foundation, the value of

the bonus payment or fund transfer 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, based upon the

number of students for whom each school district paid tuition to

the cyber charter school multiplied by the Statewide Cyber

Charter School Tuition Rate under section 1725.1-A.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Unassigned fund balance." The portion of the fund balance

of a cyber charter school that is appropriable for expenditure

or not legally or otherwise segregated for a specific or

tentative future use, projected for the close of the school year

for which a cyber charter school's budget was adopted and held

in the General Fund accounts of the cyber charter school.

Section 7. Sections 1743-A and 1744-A of the act are amended

to read:

20240HB2370PN3196 - 27 -

Section 1743-A. Cyber charter school requirements and

prohibitions.

(a) Special financial requirements prohibited.--A cyber

charter school shall not:

(1) provide discounts to a school district or waive

payments under section [1725-A] 1725.1-A for any student;

(2) [except as provided for in subsection (e),] provide

payments or reimbursements to parents or guardians for the

purchase of instructional materials[; or], for educational or

field trips or for any other reason not expressly provided

for in subsection (e);

(3) offer or provide parents or guardians or students

cash, gifts or other incentives having more than a de minimus

value for enrolling in, attending or considering enrollment

or attendance in the school; or

(4) except as compensation for the provision of specific

services, enter into agreements to provide funds to a school

entity.

(b) Enrollment.--A cyber charter school shall report to the

department an increase or a decrease of 30% or more in its

anticipated enrollment set forth in the application under

section [1747-A(11)] 1747-A(3).

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 under this article.

(4) A list of all students from that school district

20240HB2370PN3196 - 28 -

enrolled in the cyber charter school.

(5) Information required under section 1725.1-A.

(d) Parent or guardian.--Upon request and prior to the

student's first day in a cyber charter school, the cyber charter

school shall, either in writing or electronically, provide to

the parent or guardian of a student the following:

(1) A current list and brief description of the courses

of instruction the student will receive. The list shall be

updated annually for each grade level in which the student is

enrolled.

(2) A description of the lessons and activities to be

offered both online and offline.

(3) The manner in which attendance will be reported and

work will be authenticated.

(4) A list of all standardized tests the student will be

required to take during the school year and the place where

the test will be administered, if available.

(5) The meetings to be held during the school year

between a parent or guardian and a teacher and among other

school officials or parents or guardians and the manner in

which the parent or guardian will be notified of the time and

place for the meeting.

(6) The address of the cyber charter school and the

name, telephone number and e-mail address of the school

administrator and other school personnel.

(7) A list of any extracurricular activities provided by

the cyber charter school.

(8) The names of the student's teachers, if available,

and the manner in which each teacher can be contacted by the

student or the parent or guardian.

20240HB2370PN3196 - 29 -

(9) A list of all services that will be provided to the

student by the cyber charter school.

(10) Copies of policies relating to computer security

and privacy, truancy, absences, discipline and withdrawal or

expulsion of students.

(11) Information on:

(i) The cyber charter school's professional staff,

including the number of staff personnel, their education

level and experience.

(ii) The cyber charter school's performance on the

PSSA and other standardized test scores.

(iii) The cyber charter school's graduation rate, if

applicable.

(iv) The cyber charter school's designation as a

Comprehensive Support and Improvement school, Targeted

Support and Improvement School or an Additional Targeted

Support and Improvement School under the Every Student

Succeeds Act (Public Law 114-95, 129 Stat.1802) or an

equivalent building level designation under its successor

Federal statute along with a description of the

designation, if applicable.

(12) Information regarding the proper usage of equipment

and materials and the process for returning equipment and

materials supplied to the students by the cyber charter

school. A parent or guardian shall acknowledge, either in

writing or electronically, the receipt of this information.

(13) A description of the school calendar, including,

but not limited to, the time frame that will constitute a

school year and a school week, holidays and term breaks.

(e) Students.--For each student enrolled, a cyber charter

20240HB2370PN3196 - 30 -

school shall:

(1) provide all instructional materials, which may

include electronic or digital books in place of paper books;

(2) provide all equipment, including, but not limited

to, a computer, computer monitor and printer, provided that a

parent or guardian of an enrolled child may elect not to

recei ve a computer monitor and printer ; and

(3) provide or reimburse for [all] technology and

services necessary for the [on-line] online delivery of the

curriculum and instruction. The department shall establish a

maximum allowable reimbursement rate for the technology and

services required under this paragraph.

(e.1) The Commonwealth and school district of residence

shall not be liable for any reimbursement owed to students,

parents or guardians by a cyber charter school under [paragraph

(3)] subsection (e)(3).

[(f) Annual report.--A cyber charter school shall submit an

annual report no later than August 1 of each year to the

department in the form prescribed by the department.

(g) Records and facilities.--A cyber charter school shall

provide the department with ongoing access to all records and

facilities necessary for the department to assess the cyber

charter school in accordance with the provisions of this

subdivision.]

(h) Offices and facilities.--A cyber charter school shall

maintain an administrative office within this Commonwealth where

all student records shall be maintained at all times and shall

provide the department with the addresses of all offices and

facilities of the cyber charter school, the ownership thereof

and any lease arrangements. The administrative office of the

20240HB2370PN3196 - 31 -

cyber charter school shall be considered as the principal place

of business for service of process for any action brought

against the cyber charter school or cyber charter school staff

members. The cyber charter school shall notify the department of

any changes in this information within [ten] 10 days of the

change.

(i) Applicable law.--Any action taken against the cyber

charter school, its successors or assigns or its employees,

including any cyber charter school staff member as defined in

the act of December 12, 1973 (P.L.397, No.141), known as the

Professional Educator Discipline Act, shall be governed by the

laws of this Commonwealth. If the department initiates an

investigation or pursues an action pursuant to the Professional

Educator Discipline Act involving any current or former charter

school staff member outside this Commonwealth, any reasonable

expenses incurred by the department in such investigation or

action shall be paid by the cyber charter school which employed

that staff member at the time of the alleged misconduct.

(j) Agreements.--Notwithstanding any other provisi on of law,

a cyber charter school may enter into agreements with school

districts, intermediate units, career and technical centers or

any other public or private school entities located within this

Commonwealth for the provision of programs, courses or other

educational services.

Section 1744-A. School district and intermediate unit

responsibilities.

(a) General rule.--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] 10

20240HB2370PN3196 - 32 -

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, provide assistance to the cyber

charter school in 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] 1725.1-A.

(b) Transportation.--A school district in which a student

enrolled in a cyber charter school resides shall provide

transportation to students with an individualized education

program to the extent required by the individualized education

program.

enrolled in a cyber charter school resides may not refuse to

provide any service to a cyber charter school that requests

services for a student.

Section 8. The act is amended by adding a section to read:

Section 1744.1-A. Access to other schools' facilities.

(a) Access.--A school district, intermediate unit, community

college under Article XIX-A or institution under Article XX-A

shall provide a cyber charter school with reasonable access to

facilities of the school district, intermediate unit, community

college or institution for the administration of standardized

20240HB2370PN3196 - 33 -

testing. The following shall apply:

(1) The cyber charter school shall provide the school

district, intermediate unit, community college or institution

with at least 60 days notice of the need for facilities to be

used for the administration of standardized tests.

(2) Within 30 days of the cyber charter school's

request, the school district, intermediate unit, community

college or institution shall notify the cyber charter school

of the location of the facilities that will be provided,

which shall be a quiet, separate location in which cyber

charter school students will not be commingled with students

of the school district, intermediate unit, community college

or institution.

(3) The school district, intermediate unit, community

college or institution shall not be required to make

facilities available to a cyber charter school on dates and

at times that may cause undue interference with the

educational programs or assessment schedule of the school

district, intermediate unit, community college or

institution.

(4) Any rental fee for the facilities charged to the

cyber charter school and the payment of the fee shall be in

compliance with the rental policy of the school district,

intermediate unit, community college or institution that

applies generally to other organizations and community

groups.

(b) Computers or other devices.--Nothing in this section

shall require a school district, intermediate unit, community

college or institution to provide a cyber charter school with

computers or any other devices which will be used by students to

20240HB2370PN3196 - 34 -

take standardized tests.

Section 9. Section 1745-A of the act is amended to read:

Section 1745-A. Establishment of cyber charter school.

(a) Establishment.--A cyber charter school may be

established by an individual; one or more teachers who will

teach at the proposed cyber charter school; parents or guardians

of students who will enroll in the cyber charter school; a

nonsectarian college, university or museum located in this

Commonwealth; a nonsectarian corporation not-for-profit as

defined in 15 Pa.C.S. § 5103 (relating to definitions); a

corporation, association or partnership; or any combination of

the foregoing. Section 1327.1 shall not apply to a cyber charter

school established under this subdivision.

(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.

(1) Attendance at a cyber charter school shall satisfy

requirements for compulsory attendance.

(2) On a form developed by the department and beginning

in the 2024-2025 school year, a cyber charter school shall

report, on a weekly basis, the attendance of each student for

the preceding week to the school district of residence.

(d) Application.--An application to establish a cyber

charter school shall be submitted to the department by October 1

of the school year preceding the school year in which the cyber

charter school proposes to commence operation.

(e) Grant or denial.--Within 120 days of receipt of an

application, the department shall grant or deny the application.

The department shall review the application and shall hold at

20240HB2370PN3196 - 35 -

least one public hearing [under 65 Pa.C.S. Ch. 7 (relating to

open meetings)]. At least 30 days prior to the hearing, the

department shall publish in the Pennsylvania Bulletin and on the

department's [World Wide Web site] publicly accessible Internet

website notice of the hearing and the purpose of the

application.

(f) Evaluation criteria.--

(1) A cyber charter school application submitted under

this subdivision shall be evaluated by the department based

on the following criteria:

(i) The demonstrated, sustainable support for the

cyber charter school plan by teachers, parents or

guardians and students.

(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.

(iii) The extent to which the programs outlined in

the application will enable students to meet the academic

standards under 22 Pa. Code Ch. 4 (relating to academic

standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4.

(iv) The extent to which the application meets the

requirements of section 1747-A.

(v) The extent to which the cyber charter school may

serve as a model for other public schools, including

other cyber charter schools.

(2) Written notice of the action of the department shall

be sent by certified mail to the applicant and published on

the department's [World Wide Web site] publicly accessible

20240HB2370PN3196 - 36 -

Internet website. If the application is denied, the reasons

for denial, including a description of deficiencies in the

application, shall be clearly stated in the notice.

(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

cyber charter school. The charter, when duly signed, shall

act as legal authorization of the establishment of a cyber

charter school. The charter shall be legally binding on the

department, the cyber charter school and its board of

trustees. 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.

(4) The decision of the department to deny an

application may be appealed to the appeal board.

(g) Denied application.--A cyber charter school applicant

may revise and resubmit a denied application to the department.

The department shall grant or deny the revised application

within 60 days after its receipt.

(h) Appeal.--If the department fails to hold the required

public hearing or [to approve or disapprove] denies the

[charter] application, the applicant may file its application as

an appeal to the appeal board pursuant to section 1746-A. The

appeal board shall provide notice of the appeal to the

department and may allow the department to be heard on the

application. If the department fails to respond within 30 days,

the appeal board shall review the application and make a

decision to approve or disapprove the charter based on the

criteria in subsection (f). An appeal must be filed no later

20240HB2370PN3196 - 37 -

than 30 days following the date by which the department was

required to act on the application in accordance with subsection

(e) or (g), as applicable, or the date of mailing of the written

notice issued under subsection (f)(2).

Section 10. The act is amended by adding sections to read:

Section 1745.1-A. Renewals.

(a) General rule.--A cyber charter school shall submit a

renewal application as provided under section 1747-A(b) with the

department by October 1 of the final year of the charter.

(b) Action.--The department shall, no later than 120 days

after receipt of a complete renewal application, act to renew or

not renew the charter. The department may, in its sole

discretion, hold a public hearing to discuss the renewal.

the department to extend the charter pursuant to 1745-A(f)(3).

(d) Renewal.--Failure to adhere to subsection (b) shall

result in the charter being renewed in accordance with section

1745-A(f)(3).

(e) Appeal.--Unless otherwise provided in this article, a

cyber charter school that appeals a nonrenewal may continue

operating based on the terms and conditions contained in the

most recent charter pending the decision of the appeal board.

Section 1745.2-A. Charter amendments.

(a) Filing.--Subject to subsections (b) and (c), a cyber

charter school may request amendments to its charter by filing

an amendment application describing the requested amendment with

the department no later than October 15 of the school year prior

to the school year in which the amendment would take effect.

Approval from the department shall only be required for changes

to one or more material terms of a written charter.

20240HB2370PN3196 - 38 -

(b) Emergency.--Notwithstanding the notice requirements of

subsection (a), in the event of an emergency, the cyber charter

school shall immediately notify the department of the necessity

for an emergency amendment, which shall be effective immediately

as a temporary amendment pending completion of the processes set

forth in this section.

during the first or final year of the charter term. A cyber

charter school seeking an amendment during the final year of the

charter term shall submit the amendment application along with

the renewal application under section 1745.1.

(d) Form.--The department shall create a model amendment

application form for a cyber charter school seeking to amend its

approved written charter agreement. The form shall be

transmitted to the Legislative Reference Bureau for publication

in the next available issue of the Pennsylvania Bulletin.

published in the Pennsylvania Bulletin and posted on the

department's publicly accessible Internet website.

(1) The model amendment application shall include the

following information:

(i) The name of the cyber charter school.

(ii) The name and contact information for the chief

administrator and board of trustees president or

chairperson.

(iii) The physical location of the cyber charter

school, the ownership of the cyber charter school and any

lease arrangements.

(iv) The amendments being requested to the approved

written charter agreement and the reason for requesting

the amendments.

20240HB2370PN3196 - 39 -

(v) Evidence of the board of trustees vote to

approve seeking an amendment.

(2) The department shall review the model application

and renewal application forms at least every three years with

feedback and input from stakeholders and revise the

application forms as needed.

(e) Changes.--Nothing in this section shall prevent the

department from supplementing the established model applications

or requiring additional information as permitted by this act

necessary to evaluate the application.

(f) Posting.--Pursuant to subsection (d), the department

shall post the model application and renewal application on its

publicly accessible Internet website no later than August 1,

2024.

(g) Use.--The model application forms developed under this

section shall be used by charter school entities beginning in

the 2025-2026 school year.

(h) Hearing.--Within 60 days of receipt by the department of

an amendment application, the department shall hold a public

hearing on the provisions of the charter amendment request.

(i) Action.--Within 180 days of the receipt by the

department of the charter amendment request, the department

shall grant or deny the request. Written notice of the

department's action shall be sent to the cyber charter school.

(j) Approval.--If the amendment request is granted, the

cyber charter school's written charter shall be supplemented or

amended, as appropriate, to contain the provisions of the

amendment request, and the amended charter shall be signed by

the department and the president or chairperson of the cyber

charter school's board of trustees. The amended charter, when

20240HB2370PN3196 - 40 -

duly signed, shall act as legal authorization of the operation

of the cyber charter school in accordance with the amended

charter. The amended charter shall be legally binding on the

department and the cyber charter school and its board of

trustees and shall be effective for the remainder of the term of

the charter.

(k) Denial.--If the amendment request is denied, the reasons

for the denial, including a description of deficiencies in the

amendment request, shall be clearly stated in the written notice

sent by the department to the cyber charter school. The denial

of an amendment pursuant to this section may be appealed to the

appeal board in accordance with section 1746-A. The decision to

deny the request shall not preclude the cyber charter school

from revising and resubmitting a request for a charter amendment

in the future in accordance with the procedures specified in

this section to address any deficiencies in the previous request

as identified by the department in its written notice denying

the amendment request.

(l) Request.--Notwithstanding subsection (a), a cyber

charter school may request amendments to its approved written

charter at the time of renewal. Charter amendment requests made

at the time of renewal shall be considered distinct requests

that shall be subject to independent approval or denial by the

department, in accordance with the provisions of this section.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Material term." The following:

(1) Changing the name of the cyber charter school.

(2) Change in building location or addition of a new

20240HB2370PN3196 - 41 -

facility.

(3) Change in educational management service provider.

(4) Change to curriculum provider.

(5) Change to mission or educational goals of the cyber

charter school.

(6) Change to grade levels served other than those

included in the approved charter application even if those

grades are not currently implemented.

(7) Enrollment expansion based on the maximum authorized

enrollment for the term of the charter.

Section 1745.3-A. Causes for nonrenewal, revocation or

termination.

(a) Revocation or nonrenewal.--During the term of the

charter or at the end of the term of the charter, the department

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 1745-A.

(2) Failure to meet the requirements for student

performance set forth in 22 Pa. Code Ch. 4 (relating to

academic standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4 .

(3) Failure to meet any performance targets set forth in

the written charter signed pursuant to section 1745-A .

(4) Designation by the department as a Comprehensive

Support and Improvement school at least two times under the

Every Student Succeeds Act (Public Law 114-95, 129 Stat.

1802) or an equivalent building level designation under its

successor Federal statute.

20240HB2370PN3196 - 42 -

(5) Failure to meet generally accepted standards of

fiscal management or audit requirements.

(6) Violation of a provision of this article.

(7) Violation of a provision of law from which the

charter school has not been exempted, including Federal laws

and regulations governing children with disabilities.

(8) The cyber charter school has been convicted of or

entered a plea of guilty or nolo contendere to a charge

involving fraud.

(9) Failure of the cyber charter school or an

administrator or member of the board of trustees of the cyber

charter school to comply with:

(i) 65 Pa.C.S. Ch. 7 (relating to open meetings);

(ii) 65 Pa.C.S. Ch. 11 (relating to ethics standards

and financial disclosure) or any other conflict of

interest prohibition in this article; or

(iii) the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(10) Failure to timely comply with auditing requirements

from which the cyber charter school has not been exempted.

(11) Failure to timely comply with reporting

requirements from which it has not been exempted, including

the submission of an annual budget required by section

1742.1-A(g), an annual financial report required by section

218 and the annual report required by section 1742.1-A(b).

(12) Failure to provide ongoing access to the records

and facilities of the cyber charter school as required by

section 1742.1-A(a)(3).

(13) A reason to revoke or not renew a charter as

provided in regulations promulgated by the department.

20240HB2370PN3196 - 43 -

(b) Notice.--A notice of revocation or nonrenewal of a

charter shall be in writing and state the grounds for the action

with reasonable specificity and give reasonable notice to the

board of trustees of the cyber charter school of the date on

which a public hearing concerning the revocation or nonrenewal

will be held. The department shall conduct the hearing, present

evidence in support of the grounds for revocation or nonrenewal

stated in its notice and give the cyber charter school

reasonable opportunity to offer testimony before taking final

action. Formal action revoking or not renewing a charter shall

be taken by the department at a public meeting pursuant to 65

Pa.C.S. Ch. 7 (relating to open meetings) after the public has

had 30 days to provide comments to the board. Within 60 days

following the public meeting in which formal action is taken,

the decision of the department revoking or not renewing a

charter shall be provided to the cyber charter school in

writing. Proceedings of the department pursuant to this

subsection shall be subject to 2 Pa.C.S. Ch. 5 Subch. A

(relating to practice and procedure of Commonwealth agencies).

Except as provided in subsection (c), the decision of the

department shall not be subject to 2 Pa.C.S. Ch. 7 Subch. A

(relating to judicial review of Commonwealth agency action).

of the department to revoke or not renew the charter to the

appeal board. The appeal must be filed with the appeal board no

later than 60 days following issuance by the department of its

written decision under subsection (b). 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

20240HB2370PN3196 - 44 -

information was previously unavailable. The appeal board may

consider the charter school plan, annual reports, and student

performance in addition to the record. The appeal board shall

determine whether the department ' s decision was arbitrary and

capricious and specifically articulate its reasons for its

findings in a written decision.

(d) Effect.--Except as provided in subsection (e), the

charter shall remain in effect until final disposition by the

appeal board. If the appeal board upholds a determination of the

department that the charter should be revoked or not renewed,

the charter shall remain in effect until the end of the school

year or such other time as the appeal board directs.

(e) Immediate action.--Notwithstanding any other law, the

department may, after notice and hearing, take immediate action

to revoke a charter if any of the following apply:

(1) A material component of the student's education as

required under this subdivision is not being provided.

(2) The cyber charter school has failed to maintain the

financial ability to provide services as required under this

subdivision.

(3) The health or safety of the cyber charter school's

pupils, staff or both is at serious risk.

(f) Dissolution.--If a charter is revoked, not renewed,

forfeited, surrendered or otherwise ceases to operate, the cyber

charter school shall be dissolved. After the disposition of any

liabilities and obligations of the cyber charter school, any

remaining assets of the cyber charter school, both real and

personal, shall be distributed on a proportional basis to the

school entities with students enrolled in the cyber charter

school for the last full or partial school year of the cyber

20240HB2370PN3196 - 45 -

charter school. A school entity or the Commonwealth may not be

liable for any outstanding liabilities or obligations of the

cyber charter school.

(g) Enrollment.--If a charter is revoked or is not renewed,

a student who attended the cyber charter school shall be

enrolled in another public school or another school or program

which legally fulfills the compulsory school attendance

requirements of this act. The normal application deadlines for

the school or program shall not apply if a charter is revoked or

is not renewed. Student records maintained by the cyber charter

school shall be forwarded to the student's new school within 10

days.

Section 11. Sections 1746-A, 1747-A and 1748-A of the act

are amended to read:

Section 1746-A. State Charter School Appeal Board review.

(a) Jurisdiction.--The appeal board shall have the exclusive

review of an appeal by a cyber charter school applicant or by

the board of trustees of a cyber charter school on the decisions

of the department, including:

(1) The denial of an application for a charter.

(2) The denial of a renewal of a charter.

(3) The revocation of a charter.

(4) An appeal under section 1745-A(h).

(5) The denial of an amendment application.

(b) Procedure.--The appeal board shall:

(1) Review the decision made by the department under

subsection (a) on the record as certified by the department.

The secretary shall recuse himself from all cyber charter

school appeals and shall not participate in a hearing,

deliberation or vote on a cyber charter school appeal. The

20240HB2370PN3196 - 46 -

appeal board may allow the department, the cyber charter

school applicant or the board of trustees of a cyber charter

school to supplement the record if the supplemental

information was previously unavailable.

(2) Meet to officially review the certified record no

later than 30 days after the date of filing the appeal.

(3) Issue a written decision affirming or denying the

appeal no later than 60 days following its review.

(4) In the case of a decision by the department to deny

a cyber charter application, make its decision based on

section 1745-A(f)(1). A decision by the appeal board to

reverse the decision of the department and grant a charter

shall serve as a requirement for the secretary to sign the

written charter of the cyber charter school.

(5) In the case of a decision by the department to

revoke or deny renewal of a cyber school charter in

accordance with section 1741-A(a)(3), make its decision based

on section [1729-A(a)] 1745.3(a). A decision of the appeal

board to reverse the decision of the department to not revoke

or deny renewal of a charter shall serve as a requirement of

the department to not revoke or to not deny renewal of the

charter of the cyber charter school. The appeal board shall

specify its findings in a written decision. If the appeal

board determines that the charter should be revoked or not

renewed, the charter shall remain in effect until the end of

the school year or another time as the appeal board directs.

appeal board, the appeal board's decision shall be stayed only

upon order of the appeal board, the Commonwealth Court or the

Pennsylvania Supreme Court.

20240HB2370PN3196 - 47 -

(d) Review.--All decisions of the appeal board shall be

subject to appellate review by the Commonwealth Court.

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:

(1) The curriculum to be offered and how it meets the

requirements of 22 Pa. Code Ch. 4 (relating to academic

standards and assessment) or subsequent regulations

promulgated to replace 22 Pa. Code Ch. 4.

(2) The number of courses required for elementary and

secondary students.]

(a) Application form.--The department shall create and

publish a model application form, in electronic format, that an

applicant seeking to establish a cyber charter school shall, at

a minimum, complete as part of its application. The model

application form shall be transmitted to the Legislative

Reference Bureau for publication in the next available issue of

the Pennsylvania Bulletin and posted on the department's

publicly accessible Internet website. The model application form

shall include all of the following information:

(1) The identification of and contact information for

the applicant.

(2) The name of the proposed charter school entity which

must include the words "cyber charter school" in the name.

(3) The grade or age levels served by the cyber charter

school and the anticipated enrollment levels during each

school year of the proposed charter, including expected

increases due to the addition of grade levels.

(4) The proposed governance structure of the cyber

20240HB2370PN3196 - 48 -

charter school, including a clear description of the method

for the appointment or selection of members of the board of

trustees, a copy of the articles of incorporation filed with

the Department of State, a copy of the by-laws, operating

agreement or equivalent document adopted by the applicant for

the general governance of the cyber charter school; and an

organization chart clearly presenting the proposed governance

structure of the cyber charter school, including lines of

authority and reporting between the board of trustees,

administrators, staff and any educational management service

provider that will provide services to the cyber charter

school.

(5) A clear description of the roles and

responsibilities of the board of trustees, administrators and

any other entities, including a charter school foundation and

any educational management service provider that will provide

educational management services to the cyber charter school,

shown in the organization chart.

(6) Standards for board of trustees' performance,

including compliance with applicable laws, regulations and

terms of the charter.

(7) If the cyber charter school intends to contract with

an educational management service provider for services, the

cyber charter school shall provide all of the following:

(i) Evidence of the educational management service

provider's record, including its record in the schools

where the provider provides or has provided services, in

serving student populations, including demonstrated

academic achievement and growth and demonstrated

management of nonacademic school functions, including

20240HB2370PN3196 - 49 -

proficiency with public school-based accounting, if

applicable.

(ii) Evidence that that the board of trustees has

reviewed each service to be provided and determined,

through competitive bidding or at least three (3) quotes

for professional services, that each service to be

provided by the educational management service provider

is provided at fair market value.

(iii) The complete proposed contract or agreement

between the cyber charter school and the educational

management service provider stating all of the following:

(A) The officers, chief administrator and

administrators of the educational management service

provider.

(B) The proposed duration of the service

contract or agreement. The service contract or

agreement shall provide for the following:

(I) An educational management service

provider may not terminate the contract or

agreement without providing at least six (6)

months' notice to the cyber charter school unless

expressly agreed to by the board of trustees of

the cyber charter school.

(II) An agreement or contract shall

terminate upon closure of the cyber charter

school unless the board of trustees of the cyber

charter school and the educational management

service provider agree in writing that the

educational service provider will provide

services related to the dissolution of the cyber

20240HB2370PN3196 - 50 -

charter school.

trustees, the cyber charter school staff and the

educational management service provider. The board of

trustees shall retain ultimate and actual authority

for the operation of the school, and the school shall

be independent of the educational management service

provider.

(D) The scope of services, personnel and

resources to be provided by the educational

management service provider, which shall meet the

following requirements:

(I) Each service provided by the educational

management service provider and the cost for the

service shall be separately identified and

invoiced or billed separately.

(II) Each service provided by the

educational management service provider shall be

severable so that the board of trustees of the

cyber charter school may terminate or make

revisions to one service without termination or

revision by the educational management service

provider of any other service, except by express

agreement of the board of trustees of the cyber

charter school.

(III) An educational management service

provider may not provide business services to the

cyber charter school if it is also providing

other services to the cyber charter school under

the contract or agreement unless the board of

20240HB2370PN3196 - 51 -

trustees has established procedures to ensure

that individual payments to the educational

management service provider are reviewed and

authorized by an administrator of the cyber

charter school and the board of trustees of the

cyber charter school.

(E) Performance evaluation measures and

timelines.

(F) The compensation structure, including clear

identification of fees to be paid to the educational

management service provider. The educational

management service provider shall not charge a

percentage or contingency fee for services.

(G) Methods of oversight and enforcement of the

contract or agreement.

(H) Investment disclosure or the advance of any

monies by the educational management service provider

on behalf of the cyber charter school with clear

repayment terms.

(I) Conditions for renewal and termination of

the contract or agreement.

(iv) Disclosure and explanation of any existing or

potential conflicts of interest between the members of

the board of trustees of the cyber charter school or

members of the board of trustees or directors of the

charter school foundation and the proposed educational

management service provider or any affiliated entities,

including a charter school foundation qualified as a

support organization under the Internal Revenue Code of

1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

20240HB2370PN3196 - 52 -

(v) A contract with an educational management

service provider may not be executed until the charter

agreement is signed pursuant to section 1745-A(f)(3).

(8) The mission and education goals of the cyber charter

school, the curriculum to be offered that complies with 22

Pa. Code Ch. 4 (relating to academic standards and

assessments) and the methods of assessing whether students

are meeting educational goals, including performance targets.

(9) The admission and enrollment policy, including

criteria for evaluating the admission of students which shall

comply with the requirements of section 1723-A.

(10) Policies and procedures which will be used

regarding the suspension or expulsion of pupils. Said

procedures shall comply with section 1318 and 22 Pa. Code Ch.

12 (relating to students and student services).

(11) Information on the manner in which community groups

will be involved in the cyber charter school planning

process.

(12) The financial plan for the cyber charter school,

including annual budgets for the first three years of

operation of the cyber charter school, and the provisions

which will be made for auditing the school under sections 437

and 1742.1-A, including the role of any charter school

foundation.

(13) A description of funds available to the cyber

charter school for planning and operation prior to receipt of

funds pursuant to section 1725.1-A.

(14) Procedures which shall be established to review

complaints of parents and guardians regarding the operation

of the cyber charter school.

20240HB2370PN3196 - 53 -

(15) A description and address of any physical

facilities in which the cyber charter school will be located

or operating, including information related to each facility,

its size, location, amenities, ownership, availability for

lease or purchase, projected improvements and financing.

(16) Information on the proposed school calendar for the

cyber charter school, including the length of the school day

and school year consistent with the provisions of sections

1501 and 1502.

(17) The proposed faculty, if already determined, and a

professional development and continuing education plan for

the faculty and professional staff of the cyber charter

school.

(18) Whether any agreements have been entered into or

plans developed with the local school district regarding

participation of the cyber charter school's students in

extracurricular activities within the school district.

(19) A plan for satisfying the criminal history and

child abuse clearance requirements and employment history

reviews required by law.

(20) Documentation that the cyber charter school

possesses and maintains adequate and appropriate insurance,

bond or other security for the cyber charter school and the

cyber charter school's board of trustees and employees to

prevent a cyber charter school's outstanding liabilities and

obligations from being imposed upon school entities or the

Commonwealth, or otherwise affect the rights, benefits or

remedies available to the students, parents or employees of

the cyber charter school. The department shall promulgate

final-omitted regulations setting forth minimum security

20240HB2370PN3196 - 54 -

requirements sufficient to guarantee payment of the cyber

charter school's liabilities in accordance with this article.

(21) Policies regarding truancy, absences and withdrawal

of students, including the manner in which the cyber charter

school will monitor and enforce attendance and will comply

with the truancy provisions under Article XIII.

(22) Whether or not the cyber charter school will seek

accreditation by a nationally recognized accreditation

agency, including the Middle States Association of Colleges

and Schools or another regional institutional accrediting

agency recognized by the United States Department of

Education or an equivalent federally recognized body for

charter school education.

[(3)] (23) An explanation of the amount of [on-line]

online time required for elementary and secondary students.

[(4)] (24) The manner in which teachers will deliver

instruction, assess academic progress and communicate with

students to provide assistance.

[(5)] (25) A specific explanation of any cooperative

learning opportunities, meetings with students, parents and

guardians, field trips or study sessions.

[(6)] (26) The technology, including types of hardware

and software, equipment and other materials which will be

provided by the cyber charter school to the student.

[(7)] (27) A description of how the cyber charter school

will define and monitor a student's school day, including the

delineation of [on-line] online time and [off-line time] for

independent coursework.

[(8)] (28) A description of commercially prepared

standardized achievement tests that will be used by the cyber

20240HB2370PN3196 - 55 -

charter school in addition to the Pennsylvania System of

School Assessment test and Keystone Exams, including the

grade levels that will be tested and how the data collected

from the tests will be used to improve instruction.

[(9)] (29) The technical support that will be available

to students and parents or guardians.

[(10)] (30) The privacy and security measures to ensure

the confidentiality of data gathered online.

[(11) The level of anticipated enrollment during each

school year of the proposed charter, including expected

increases due to the addition of grade levels.

(12)] (31) The methods to be used to [insure] ensure the

authenticity of student work and adequate proctoring of

examinations.

[(13)] (32) The provision of education and related

services to students with disabilities, including evaluation

and the development and revision of individualized education

programs.

[(14) Policies regarding truancy, absences and

withdrawal of students, including the manner in which the

cyber charter school will monitor attendance consistent with

the provisions of section 1715-A(9).

(15)] (33) The types and frequency of communication

between the cyber charter school and the student and the

manner in which the cyber charter school will communicate

with parents and guardians.

[(16) The addresses of all facilities and offices of the

cyber charter school, the ownership thereof and any lease

arrangements.]

(34) Any other information required by the department.

20240HB2370PN3196 - 56 -

(a.1) Lease prohibition.-- A cyber charter school may not

enter into a lease for a facility with an educational management

service provider or charter school foundation.

(a.2) Extracurricular activity.--Notwithstanding any

provision to the contrary, a school district of residence may

not prohibit a student of a cyber charter school from

participating in any extracurricular activity of the school

district of residence if the student is able to fulfill the

requirements of participation in the activity and the charter

school does not provide the same extracurricular activity. The

school district of residence may charge the cyber charter school

a reasonable amount for a cyber charter school student's

participation in the school district's extracurricular activity,

which may not exceed the actual cost incurred by the school

district for participation by its students in the activity. A

cyber charter school student may not be required to pay any

costs not also paid by a student enrolled in the school district

for participation in the extracurricular activity.

(b) General form.--The department shall create and publish a

model renewal application form, in electronic format, that a

cyber charter school seeking renewal of its charter shall, at a

minimum, complete as part of its renewal application. The form

shall be submitted to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin and posted on the department's publicly accessible

Internet website. The form shall include:

(1) Name and contact information for the chief

administrator and board of trustees president or chairperson.

(2) Whether the cyber charter school is seeking an

amendment to their current charter.

20240HB2370PN3196 - 57 -

(3) Other information deemed necessary by the

department.

application and renewal application forms at least every three

years with feedback and input from stakeholders and revise the

application forms as needed.

(d) Changes.--Nothing in this section shall prevent the

department from supplementing the established model application

or requiring additional information as permitted by this act

necessary to evaluate the application for renewal.

(e) Posting.--Pursuant to subsections (a) and (b), the

department shall post the model application and renewal

application on its publicly accessible Internet website no later

than October 1, 2024 .

(f) Use.--The model applications developed under this

section shall be used by cyber charter school applicants and

cyber charter school operators beginning in the 2025-2026 school

year.

Section 1748-A. Enrollment and notification.

(a) Notice to school district.--

(1) Within [15] 10 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 days of receipt of the notice under

paragraph (1), the school district shall notify the cyber

20240HB2370PN3196 - 58 -

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]

1725.1-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

20240HB2370PN3196 - 59 -

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 and seek payment from the school district

of residence.

[(b) Notification form.--The department shall develop a

notification form for use under subsection (a). The notification

shall include:

(1) The name, home address and mailing address of the

student.

(2) The grade in which the student is being enrolled.

(3) The date the student will be enrolled.

(4) The name and address of the cyber charter school and

the name and telephone number of a contact person able to

provide information regarding the cyber charter school.

(5) The signature of the parent or guardian and an

authorized representative of the cyber charter school.]

(b) Notification.--The notification required under

subsection (a) shall include:

(1) The enrollment form filed with the cyber charter

school by the student or the parents or guardians.

(2) A certification that the cyber charter verified the

residency of the student.

guardian of a student enrolled in a cyber charter school] shall

provide written notification to the student's school district of

residence and the department within [15] 10 days following the

withdrawal of a student from the cyber charter school.

(d) Nonrenewal or termination.--Upon notification of the

nonrenewal or termination of a charter under section 1745.3-A, a

20240HB2370PN3196 - 60 -

cyber charter school may not enroll new students unless the

cyber charter school files an appeal to the appeal board under

section 1746-A. Upon a vote by a cyber charter school's board of

trustees to close the school, the cyber charter school may not

enroll new students and shall provide notice to the parents and

guardians of students enrolled of the decision, a timeframe for

the school's closure and information on enrolling in another

public school.

Section 12. The act is amended by adding sections to read:

Section 1748.1-A. Enrollment parameters.

Enrollment of students in a cyber charter school shall not be

subject to a cap or enrollment parameter unless agreed to by the

cyber charter school as part of a written charter pursuant to

section 1745-A.

Section 1748.2-A. Enrollee wellness checks.

(a) Requirements.--A cyber charter school shall at least

once during any week consisting of at least three full or

partial days of academic instruction, ensure that each enrolled

student is able to be visibly seen and communicated with in real

time by a teacher, administrator or other representative of the

cyber charter school either in person or via electronic means in

order to ensure the well-being of the student and verify

participation in the educational program. The requirement under

this subsection may be satisfied by students turning on a webcam

during synchronous online instruction.

(b) Report.--If any indication of abuse, neglect or harm to

a child is observed, the cyber charter school administrator,

employee or representative shall report the concerns pursuant to

23 Pa.C.S. Ch. 63 (relating to child protective services).

20240HB2370PN3196 - 61 -

disability be observed, the cyber charter school shall initiate

an evaluation consistent with Federal and State law to determine

whether the child is a child with a disability.

(d) Limitation.--The requirements of subsection (a) shall

not apply when the student is granted an excused absence from

school.

Section 13. Section 1749-A of the act 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, 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, 1326, 1327, 1327.2, 1329,

1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1341, 1342, 1343,

1344, 1345, 1372(8), 1303-A, 1518, 1521, 1523, 1531, 1547,

1702-A, 1703-A, 1714-A, [1715-A, 1716-A,] 1716.1-A, [1719-A,]

1721-A, 1722-A, 1723-A(a) and (b), 1724-A, [1725-A] 1725-A(a)

(5), (a)(6), (d) and (e), 1725.1-A, 1727-A, 1729-A, 1730-A,

1731-A(a)(1) and (b) [and], 2014-A and 2552 and Articles

XI(c.1), 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

20240HB2370PN3196 - 62 -

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,

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.] 18 Pa.C.S. Ch. 28 (relating to

antihazing) and 42 Pa.C.S. § 5803(a)(3.1) (relating to asset

forfeiture.

(b) Regulations.--Cyber charter schools shall be subject to

the following provisions of 22 Pa. Code (relating to education):

(1) Chapter 4 (relating to academic standards and

assessment).

(2) Chapter 11 (relating to pupil attendance).

(3) Chapter 12 (relating to students).

(3.1) Chapter 16 (relating to special education for

gifted students).

(3.2) Chapter 19 (relating to educator effectiveness

rating tool).

(4) Section 32.3 (relating to assurances).

(5) Section 121.3 (relating to discrimination

prohibited).

(6) Section 235.4 (relating to practices).

(7) Section 235.8 (relating to civil rights).

(7.1) Section 339.31 (relating to plan).

20240HB2370PN3196 - 63 -

(7.2) Section 339.32 (relating to services).

(8) Chapter 711 (relating to charter school services and

programs for children with disabilities).

[(c) Existing charter schools.--

(1) The charter of a charter school approved under

section 1717-A or 1718-A which provides instruction through

the Internet or other electronic means shall remain in effect

for the duration of the charter and shall be subject to the

provisions of Subdivision (b).

(2) In addition to subsections (a) and (b), the

following provisions of this subdivision shall apply to a

charter school approved under section 1717-A or 1718-A which

provides instruction through the Internet or other electronic

means:

(i) Section 1743-A(c), (d), (e), (h) and (i).

(ii) Section 1744-A.

(iii) Section 1748-A.]

Section 14. Section 2502.53(a), (b) introductory paragraph,

(c)(1)(iv) introductory paragraph and (d)(1), (2), (4) and (6)

of the act are amended, subsection (c)(1) is amended by adding a

subparagraph, subsections (c) and (d) are amended by adding

paragraphs and the section is amended by adding a subsection to

read:

Section 2502.53. Student-Weighted Basic Education Funding.--

(a) The General Assembly finds and declares that the student-

weighted basic education funding formula is the result of the

work of the Basic Education Funding Commission established and

reconstituted pursuant to section 123.

(b) For the 2015-2016 school year [and each school year

thereafter] through the 2022-2023 school year, except the 2019-

20240HB2370PN3196 - 64 -

2020 school year which shall be governed by subsection (b.1),

the Commonwealth shall pay to each school district a basic

education funding allocation which shall consist of the

following:

* * *

(b.2) For the 2023-2024 school year and each school year

thereafter, the Commonwealth shall pay to each school district a

basic education funding allocation which shall consist of the

following:

(1) An amount equal to the school district's basic education

funding allocation for the 2022-2023 school year.

(2) A student-based allocation to be calculated as follows:

(i) Multiply the school district's student-weighted average

daily membership by the median household income index and local

effort capacity index.

(ii) Multiply the product in subparagraph (i) by the

difference between the amount appropriated for the allocation of

basic education funding to school districts and the sum of the

following:

(A) The amount appropriated for the allocation in paragraph

(1).

(B) The adequacy supplement amount determined under section

2502.56(b).

section 2502.56(c).

(iii) Divide the product in subparagraph (ii) by the sum of

the products in subparagraph (i) for all school districts.

(1) Student-weighted average daily membership for a school

district shall be the sum of the following:

20240HB2370PN3196 - 65 -

* * *

(iv) [The] For the 2015-2016 school year through the 2022-

2023 school year, the concentrated poverty average daily

membership for qualifying school districts with an acute poverty

percentage equal to or greater than thirty percent (30%), to be

calculated as follows:

* * *

(viii) For the 2023-2024 school year and each school year

thereafter, the concentrated poverty average daily membership

for a qualifying school district with concentrated poverty to be

calculated as follows:

(A) Multiply the school district's acute poverty percentage

by its average daily membership.

(B) Multiply the product in clause (A) by three-tenths

(0.3).

* * *

(6) If insufficient funds are appropriated to make the

Commonwealth payments required under this section, the

Department of Education shall make payments on a pro rata basis

in the following priority order:

(i) The p ayments under subsection (b.2)(1).

(ii) The payments under section 2502.56(b).

(iii) The payments under section 2502.56(c).

(d) For purposes of this section:

(1) ["Acute poverty percentage"] Through the 2022-2023

school year, "acute poverty percentage" shall mean the number of

children six (6) to seventeen (17) years of age living in a

household where the ratio of income to poverty is less than one

hundred percent (100%) of the Federal poverty guidelines divided

by the total number of children six (6) to seventeen (17) years

20240HB2370PN3196 - 66 -

of age as determined by the most recent five-year estimate of

the United States Census Bureau's American Community Survey.

Beginning with the 2023-2024 school year, "acute poverty

percentage" shall mean the number of children six (6) to

seventeen (17) years of age living in a household where the

ratio of income to poverty is less than one hundred percent

(100%) of the Federal poverty guidelines divided by the total

number of children six (6) to seventeen (17) years of age as

determined by the average of the three most recent five-year

estimates of the United States Census Bureau's American

Community Survey.

* * *

(2) ["Households"] Through the 2022-2023 school year,

"households" shall mean the number of households in each school

district as determined by the most recent five-year estimate of

the United States Census Bureau's American Community Survey.

Beginning with the 2023-2024 school year, "households" shall

mean the number of households in each school district as

determined by the average of the three most recent five-year

estimates of the United States Census Bureau's American

Community Survey.

* * *

(4) ["Median household income"] Through the 2022-2023 school

year, "median household income" shall mean the median household

income for school districts and the State as determined by the

most recent five-year estimate of the United States Census

Bureau's American Community Survey. Beginning with the 2023-2024

school year, "median household income" shall mean the median

household income for school districts and the State as

determined by the average of the three most recent five-year

20240HB2370PN3196 - 67 -

estimates of the United States Census Bureau's American

Community Survey.

* * *

(6) ["Poverty percentage"] Through the 2022-2023 school

year, "poverty percentage" shall mean the number of children six

(6) to seventeen (17) years of age living in a household where

the ratio of income to poverty is between one hundred percent

(100%) and one hundred eighty-four percent (184%) of the Federal

poverty guidelines divided by the total number of children six

(6) to seventeen (17) years of age as determined by the most

recent five-year estimate of the United States Census Bureau's

American Community Survey. Beginning with the 2023-2024 school

year, "poverty percentage" shall mean the number of children six

(6) to seventeen (17) years of age living in a household where

the ratio of income to poverty is between one hundred percent

(100%) and one hundred eighty-four percent (184%) of the Federal

poverty guidelines divided by the total number of children six

(6) to seventeen (17) years of age as determined by the average

of the three most recent five-year estimates of the United

States Census Bureau's American Community Survey.

(6.1) "Qualifying school district with concentrated poverty"

shall mean a school district where in any of the three most

recent five-year estimates of the United States Census Bureau's

American Community Survey the number of children six (6) to

seventeen (17) years of age living in a household where the

ratio of income to poverty is less than one hundred percent

(100%) of the Federal poverty guidelines divided by the total

number of children six (6) to seventeen (17) years of age is

greater than thirty percent (30%) .

* * *

20240HB2370PN3196 - 68 -

Section 15. The act is amended by adding sections to read:

Section 2502.56. Adequacy and Tax Equity Supplements.-- (a)

The General Assembly finds and declares that the adequacy

supplement for basic education funding is necessary to fulfill

the duties and responsibilities established under sections 14

and 32 of Article III of the Constitution of Pennsylvania and is

the result of the work and findings of the Basic Education

Funding Commission reconstituted in accordance with section 123.

(b) For the 2023-2024 school year through the 2029-2030

school year, the Commonwealth shall pay an adequacy supplement

to each school district equal to the amount calculated under

subsection (d) divided by seven (7).

school year, the Commonwealth shall pay a tax equity supplement

equal to the amount calculated under subsection (g) divided by

seven (7).

(d) The Department of Education shall calculate an adequacy

gap for each school district as follows:

(1) For each school district, multiply thirteen thousand

seven hundred four dollars ($13,704) by the school district's

student-weighted average daily membership calculated under

subsection (h)(1).

(2) Subtract the school district's current expenditures from

the amount calculated for the school district under paragraph

(1).

(3) Determine the greater of zero dollars ($0) or the

difference calculated under paragraph (2).

(4) Subtract the adequacy adjustment under subsection (f)

from the amount determined in paragraph (3).

(e) The Department of Education shall determine the

20240HB2370PN3196 - 69 -

following:

(1) The local effort rate that represents the thirty-third

percentile local effort rate for all school districts.

(2) The local effort rate that represents the sixty-sixth

percentile local effort rate for all school districts.

(f) The Department of Education shall calculate an adequacy

adjustment for the purpose under subsection (d)(4) for each

school district as follows:

(1) For a school district that meets all of the following,

paragraph (2) shall apply:

(i) Has an amount greater than zero dollars ($0) under

subsection (d)(2).

(ii) Has a local effort rate less than the amount determined

under subsection (e)(1).

(iii) Has a ten-year percentage change in average daily

membership less than ten percent (10%).

(2) Calculate the adequacy adjustment as follows:

(i) Multiply the amount determined in subsection (e)(1) by

the sum of the school district's market value and personal

income.

(ii) Subtract the school district's local tax-related

revenue from the school district's product in subparagraph (i).

(3) For a school district that meets all of the following,

paragraph (4) shall apply:

(i) Has an amount greater than zero dollars ($0) under

subsection (d)(2).

(ii) Has a local effort rate less than the amount determined

under subsection (e)(2).

(iii) Has a ten-year percentage change in average daily

membership greater than or equal to ten percent (10%).

20240HB2370PN3196 - 70 -

(iv) Has a local capacity per student under section

2502.53(c)(3)(iii) above the Statewide median of all school

districts under section 2502.53(c)(3)(iii).

(4) Calculate the adjustment as follows:

(i) Multiply the amount determined in subsection (e)(2) by

the sum of the school district's market value and personal

income.

(ii) Subtract the school district's local tax-related

revenue from the school district's product in subparagraph (i).

(5) For all other school districts that do not meet the

parameters of paragraph (1) or (3), the adjustment shall be zero

(0).

(g) The Department of Education shall calculate a tax equity

gap for each school district as follows:

(1) Multiply the amount determined in subsection (e)(2) by

the sum of the school district's market value and personal

income.

(2) Subtract the school district's product in paragraph (1)

from the school district's local tax-related revenue.

(3) Determine the greater of zero dollars ($0) or the

difference calculated in paragraph (2) for each school district.

(4) Multiply the amount determined under paragraph (3) by a

local capacity per student factor calculated as follows for each

school district:

(i) Divide the school district's local capacity per student

determined under section 2502.53(c)(3)(iii) by the Statewide

median of all school districts under section 2502.53(c)(3)(iii).

(ii) Subtract one (1) from the quotient calculated under

paragraph (i).

(iii) Subtract the difference calculated under subparagraph

20240HB2370PN3196 - 71 -

(ii) from one (1).

(iv) Determine the lesser of one (1) or the difference

calculated under subparagraph (iii).

(h) For the purposes of this section:

(1) Student-weighted average daily membership for a school

district shall be the sum of the following:

(i) The average of the school district's three most recent

years' average daily membership.

(ii) The acute poverty average daily membership calculated

as follows:

(A) Multiply the school district's economically

disadvantaged percentage by its average daily membership.

(B) Divide the acute poverty percentage by the sum of the

acute poverty percentage and the poverty percentage.

clause (B).

(D) Multiply the product in clause (C) by six-tenths (0.6).

(iii) The poverty average daily membership calculated as

follows:

(A) Multiply the school district's economically

disadvantaged percentage by its average daily membership.

(B) Divide the poverty percentage by the sum of the acute

poverty percentage and the poverty percentage.

clause (B).

(D) Multiply the product in clause (C) by three-tenths

(0.3).

(iv) The concentrated poverty average daily membership for

qualifying school districts with a product in subparagraph (ii)

20240HB2370PN3196 - 72 -

than thirty percent (30%), to be calculated by multiplying the

school district's product in subparagraph (ii)(c) by three-

tenths (0.3).

(v) The number of the school district's limited English-

proficient students multiplied by six-tenths (0.6).

(vi) The average daily membership for the school district's

students enrolled in charter schools and cyber charter schools

multiplied by two-tenths (0.2).

(vii) The sparsity/size adjustment for qualifying school

districts with a sparsity/size ratio greater than the

sparsity/size ratio that represents the seventieth percentile

sparsity/size ratio for all school districts calculated as

follows:

(A) Divide the school district's sparsity/size ratio by the

sparsity/size ratio that represents the seventieth percentile

for all school districts.

(B) Subtract one (1) from the quotient in clause (A).

(iv), (v) and (vi) by the amount in clause (B).

(D) Multiply the product in clause (C) by seven-tenths

(0.7).

(viii) The weighted special education student headcount

calculated as the sum of the following:

(A) The most recent three-year average of the number of

special education students who reside in the school district for

which the annual expenditure is in Category 1 in accordance with

section 2509.5 multiplied by sixty-four hundredths (0.64).

(B) The most recent three-year average of the number of

special education students who reside in the school district for

which the annual expenditure is in Category 2 in accordance with

20240HB2370PN3196 - 73 -

section 2509.5 multiplied by four and three hundredths (4.03).

special education students who reside in the school district for

which the annual expenditure is in Category 3 in accordance with

section 2509.5 multiplied by nine and thirty-seven hundredths

(9.37).

(2) The data used to calculate the factors under this

section shall be based on the most recent data that was

available as of June 1, 2023, allowing for corrections and

revisions as determined by the Department of Education.

(i) Payments made under this section shall be deemed to be

part of the school district's allocation amount under section

2502.53(b.2)(1) for the immediately subsequent school year and

each school year thereafter.

(j) For purposes of this section:

(1) "Acute poverty percentage" shall mean the number of

children six (6) to seventeen (17) years of age living in a

household where the ratio of income to poverty is less than one

hundred percent (100%) of the Federal poverty guidelines divided

by the total number of children six (6) to seventeen (17) years

of age as determined by the most recent five-year estimate of

the United States Census Bureau's American Community Survey.

(2) "Current expenditures" shall mean the General Fund

expenditures in functional classifications of instruction,

support services and operation of noninstructional services,

minus General Fund revenues for tuition from patrons.

(3) "Economically disadvantaged percentage" shall mean the

average share for 2017-2018 through 2021-2022 of economically

disadvantaged students as reported by a school district through

the Pennsylvania Information Management System (PIMS) and

20240HB2370PN3196 - 74 -

determined based upon poverty data sources such eligibility for

Temporary Assistance for Needy Families, Medicaid or free or

reduced-price lunch, census data, residence in an institution

for the neglected or delinquent or residence in a foster home.

(4) "Households" shall mean the number of households in each

school district as determined by the most recent five-year

estimate of the United States Census Bureau's American Community

Survey.

(5) "Local effort rate" shall mean a school district's local

tax-related revenue divided by the sum of its market value and

personal income valuation.

(6) "Local tax-related revenue" shall mean the sum of school

district revenues for State property tax reduction allocation,

taxes levied and assessed, delinquencies on taxes levied and

assessed, revenue from local government units and other local

revenues not specified elsewhere, as designated in the Manual of

Accounting and Financial Reporting for Pennsylvania Public

Schools. Revenues received by a school district from the sales

and use tax and the cigarette tax shall be included when

determining a school district's local tax-related revenue under

this section.

(7) "Poverty percentage" shall mean the number of children

six (6) to seventeen (17) years of age living in a household

where the ratio of income to poverty is between one hundred

percent (100%) and one hundred eighty-four percent (184%) of the

Federal poverty guidelines divided by the total number of

children six (6) to seventeen (17) years of age as determined by

the most recent five-year estimate of the United States Census

Bureau's American Community Survey.

(8) "Size ratio" shall mean a number calculated as follows:

20240HB2370PN3196 - 75 -

(i) Divide the average of a school district's three (3) most

recent years' average daily membership by the Statewide average

of the three (3) most recent years' average daily membership for

all school districts.

(ii) Multiply the amount in subparagraph (i) by five-tenths

(0.5).

(iii) Subtract the amount in subparagraph (ii) from one (1).

(9) "Sparsity ratio" shall mean a number calculated as

follows:

(i) Divide the average of a school district's three (3) most

recent years' average daily membership by its total square miles

as reported in the latest decennial census as reported by the

United States Census Bureau.

(ii) Divide the State total average daily membership by the

State total square miles.

(iii) Divide the quotient in subparagraph (i) by the

quotient in subparagraph (ii).

(iv) Multiply the quotient in subparagraph (iii) by five-

tenths (0.5).

(v) Subtract the product in subparagraph (iv) from one (1).

(10) "Sparsity/size ratio" shall mean a number calculated by

adding the following amounts:

(i) The sparsity ratio multiplied by four-tenths (0.4).

(ii) The size ratio multiplied by six-tenths (0.6).

Section 2502.57. Accountability to Commonwealth Taxpayers.--

(a) For money available to a school district under section

2502.56(b), the following shall apply:

(1) Except as provided under paragraph (2), a school

district shall spend the money received under section 2502.56(b)

on any of the allowable uses specified under section 2599.2(b)

20240HB2370PN3196 - 76 -

and (b.3).

(2) A school district may spend the money received under

section 2502.56(b) on increased charter school tuition costs.

(3) At the end of a school year in which a school district

received money under section 2502.56(b), the school district

shall submit a report to the Department of Education in a form

and manner determined by the Department of Education summarizing

how the money received under section 2502.56(b) was used in

accordance with the allowable uses under section 2599.2(b) and

(b.3).

(4) The department shall annually summarize and post the

reports required under paragraph (3) on its publicly accessible

Internet website.

(b) For money available to a school district under section

2502.56(c), the following shall apply:

(1) Within thirty (30) days of the effective date of a State

law providing for the appropriation for basic education funding,

the Department of Education shall notify each school district of

the amount of money available to be received by the school

district under section 2502.56(c), the allowable uses of the

money and the process by which a school district may apply to

the Department of Education and receive the money.

(2) To be eligible to receive available money under section

2502.56(c), the local board of school directors shall adopt a

resolution in conjunction with actions taken in accordance with

the adoption and submission requirements under section 311(a)

and (d) of the act of June 27, 2006 (1st Sp.Sess., P.L.1873,

No.1), known as the "Taxpayer Relief Ac t," related to the

adoption of preliminary budgets that declares the school

district's intent to receive and use the available money under

20240HB2370PN3196 - 77 -

section 2502.56(c) for a purpose specified under paragraph (3)

during the subsequent fiscal year for which the money has been

appropriated by the General Assembly.

(3) A local board of school directors that adopts a

resolution under paragraph (2) shall use any money received

under section 2502.56(c) for any of the following purposes:

(i) Mitigating or preventing an increase in the millage rate

of real estate property taxes levied by the school district.

(ii) Supplementing the amount calculated by the school

district for the homestead and farmstead exclusion under section

342 of the "Taxpayer Relief Act."

(iii) Establishing, maintaining or expanding a program

provided by the school district that supplements the rebates

provided under Chapter 13 of the "Taxpayer Relief Act."

(iv) Mitigating or replacing the loss of revenue received by

the school district resulting from a decision of a court of this

Commonwealth within the previous five (5) years relating to an

assessment appeal under Article V of the act of May 22, 1933

(P.L.853, No.155), known as "The General County Assessment Law."

(v) Reducing debt .

(4) The Department of Education shall post on its publicly

accessible Internet website information regarding the actions

taken by each local board of school directors under paragraph

(2) and use of the money available under section 2502.56(c) by

each local board of school directors as specified under

paragraph (3).

(5) Money received by a school entity under section

2502.56(c) may not be included when calculating the amount to be

paid to a charter school under section 1725-A.

Section 16. Section 2599.2(b), (c)(5)(iv) and (v) and (f) of

20240HB2370PN3196 - 78 -

the act are amended and the section is amended by adding a

subsection to read:

Section 2599.2. Pennsylvania Accountability Grants.--* * *

(b) The grant shall be used by a school district to attain

or maintain academic performance targets. [Funds] In addition to

the programs and activities under subsection (b.3), funds

obtained under this section may be used [for any of the

following] to establish, maintain or expand any of the following

programs or activities that focus on high-quality academics:

(1) [Establishing, maintaining or expanding a] A quality

pre-kindergarten program aligned with the current academic

standards contained in 22 Pa. Code Ch. 4 (relating to academic

standards and assessment).

(2) [Establishing, maintaining or expanding a] A quality

full-day kindergarten program aligned with the current academic

standards contained in 22 Pa. Code Ch. 4. [Such programs shall

be kept open for five hours each day for the full school term as

provided in section 1501. The board of school directors of a

school district may offer a full-day kindergarten program to

children who are between four and six years old.]

(3) [Establishing, maintaining or expanding a] A class size

reduction program. Such class size reduction program shall

appoint and assign a minimum of one teacher for every 17

students or two teachers for every 35 students enrolled in a

kindergarten, first, second or third grade classroom. All

teachers appointed and assigned to teach kindergarten, first,

second or third grade shall be certified in accordance with 22

Pa. Code Ch. 49 (relating to certification of professional

personnel) or its successors. The department shall establish

guidelines to assure that no school district satisfies the

20240HB2370PN3196 - 79 -

requirements of this paragraph by making a reduction in, and

subsequent increase to, current teacher complement. For purposes

of this paragraph, the phrase "one teacher for every 17 students

or two teachers for every 35 students enrolled in a

kindergarten, first, second or third grade classroom" shall

refer to the number of teachers conducting a class at any one

time in a classroom containing the applicable number of

students.

[(4) Establishing, expanding or maintaining programs that

promote the availability, coordination, integration and

utilization of social and health services, associated resources

and ancillary resources to meet the needs of children and

families in addressing issues that may serve to limit student

academic achievement.

(5) Notwithstanding the provisions of Article XV-C,

providing tutoring assistance during the normal school day and

hours of the school district, provided that the tutoring is in

addition to and does not interfere with a student's regularly

scheduled classroom instruction times and does not supplant

services required in a student's individualized education

program.]

(6) [Improving] Programs that improve the academic

performance of subgroups identified under [section 1111(b) of

the No Child Left Behind Act of 2001] the Every Student Succeeds

Act (Public Law 114-95, 129 Stat. 1802).

(7) [Establishing, expanding or maintaining programs]

Programs to assist in the building of strong science,

technology, engineering and math and applied-knowledge skills.

(8) [Providing additional] Additional programs for

continuing professional education that may include any of the

20240HB2370PN3196 - 80 -

following: training in mathematics, science and literacy-

specific curriculum and instructional strategies; training in

school-wide improvement planning; analysis of student

achievement data, including student work and the implications

for classroom practice; observing and studying exemplary school

and classroom practices; implementing school-wide programs and

classroom management strategies designed to improve student

conduct; using technology to boost student achievement;

conducting transition planning and curriculum alignment across

schools and grade levels; or implementing secondary strategies

to increase student engagement and personalize learning.

(8.1) Evidence-based reading instruction consistent with

structured literacy, including associated professional

development, universal reading screeners and curriculum

development and implementation .

(9) [Establishing, expanding or maintaining math] Math and

literacy [coaching] programs, including coaches, specialists or

other education support professionals, within schools to improve

math and reading instruction.

(10) [Providing financial] Financial incentives to [highly

qualified, tenured teachers] encourage professional staff

members to work in the most academically challenged schools in a

school district [or providing financial incentives], to aid in

the recruitment of certificated teachers [in mathematics,

science, language arts or English as a second language] to work

in the most academically challenged schools in a school

district[.] or to increase participation in education-related

jobs, including outreach efforts to communities that have low

participation in the educator workforce.

[(10.1) Establishing, expanding or maintaining a career

20240HB2370PN3196 - 81 -

awareness program.]

(10.2) [Purchasing materials or extending] Materials or

extended service hours for school libraries or hiring certified

school librarians.

(10.3) Work-based or experiential learning and career

readiness programs, including pre-apprenticeships, internships,

postsecondary credits, industry-recognized credentials , other

pathways to graduation and college and career pathways .

[(11) Providing such other programs or activities that the

board of school directors of a school district determines are

essential to achieving or maintaining academic performance

targets through the year 2014.]

(12) [Establishing, expanding or maintaining programs]

Programs for instruction on world languages [in the elementary

grades], either in immersion classrooms or as separate periods

of instruction.

(13) [Establishing, expanding or maintaining programs]

Programs to strengthen high school curricula by creating

rigorous college and career preparatory programs, increasing

academic achievement, offering additional advanced placement

courses, including advanced placement and International

Baccalaureate dual credit courses, providing school-based

counseling and providing professional development.

(14) [Establishing, expanding or maintaining programs]

Programs to provide intensive teacher training, high-quality

professional development opportunities and teaching resources to

[elementary level science teachers] educators.

(15) Career and technical education programs aligned to

industry credentials and occupations that earn a family-

sustaining wage, including programs that lead to careers in

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education.

(16) (Reserved).

* * *

(b.3) In addition to the programs or activities under

subsection (b), funds obtained under this section may be used to

establish, maintain or expand any of the following programs or

activities:

(1) Programs or activities that foster supportive learning

environments, including any of the following:

(i) Programs or activities that promote the availability,

coordination, integration and utilization of social and health

services, associated resources and ancillary resources to meet

the needs of children and families in addressing issues that may

serve to limit student academic achievement, including school

attendance and engagement.

(ii) Programs or activities that serve students experiencing

educational instability in accordance with section 1331.1.

(iii) Programs or activities that provide targeted support

for English learners, including language instruction programs,

curriculum resources, translation and interpretation services

and any other activities to support English learners.

(iv) Programs or activities that increase inclusion for

students with disabilities to be educated alongside their

nondisabled peers in accordance with 20 U.S.C. Ch. 33 (relating

to education of individuals with disabilities), 29 U.S.C. § 794

(relating to nondiscrimination under Federal grants and

programs) and 22 Pa. Code Chs. 14 (relating to special education

services and programs) and 15 (relating to protected handicapped

students).

(v) Student services infrastructure as identified in 22 Pa.

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Code Ch. 12 (relating to students and student services),

including adequate staffing and programs facilitated by

certified student services professionals.

(2) Programs or activities that establish healthy

educational system conditions, including any of the following:

(i) Data analysis and use to inform and improve

instructional practice.

(ii) Assessment literacy through the use of coaches, data

teams, local assessment plans, curriculum review cycles or other

strategy.

(iii) An evidence-based strategy or program proven to

improve educational outcomes for students.

(iv) Establishment of a minimum hourly wage of at least

twenty dollars ($20) per hour for education support

professionals as part of an employment contract or agreement.

(v) Establishment of a minimum salary of sixty thousand

dollars ($60,000) for professional staff members as part of an

employment contract or agreement.

(3) Programs or activities that design a system of

multitiered supports, including any of the following:

(i) Developing a multitiered system of supports to identify

and assist students with academic or behavioral needs.

(ii) Notwithstanding the provisions of Article XV-C,

providing tutoring assistance during the normal school day and

hours of the school district if the tutoring is in addition to

and does not interfere with a student's regularly scheduled

classroom instruction times and does not supplant services

required in a student's individualized education program.

(iii) After-school and remediation programs.

(iv) Summer learning programs.

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(v) Credit recovery programs.

(5) No later than February 1, 2005, and February 1 of each

year thereafter, the department shall submit a report to the

majority and minority chairs of the Appropriations and Education

Committees of the Senate and to the majority and minority chairs

of the Appropriations and Education Committees of the House of

Representatives summarizing the operation of the program for

that fiscal year. The report shall include:

* * *

(iv) An identification of the number of school districts

that used grant funds for each of the programs or activities

under [subsection (b)] subsections (b) and (b.3).

(v) A listing of each school district and the program or

activity under [subsection (b)] subsections (b) and (b.3) for

which the grant funds were used.

* * *

(f) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection:

"Agreement." A contract or agreement between a public

employer and a public employe or employe organization in

accordance with the act of July 23, 1970 (P.L.563, No.195),

known as the "Public Employe Relations Act."

"Applied knowledge." Information technology, computer

equipment, education software and related advanced technologies

necessary to increase students' access to worldwide information

and their expertise in this regard.

"Career awareness program." An educational program that

introduces students to a variety of career and technical options

and includes such activities as job shadowing, field trips and

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tours, career days or the administration of career assessment

tests and inventories.

"Career days." Special events that allow students to meet

with employers, career development specialists, community-based

organization representatives and postsecondary educators and are

designed to encourage students to gain information about careers

and job opportunities.

"Department." The Department of Education of the

Commonwealth.

"Education support professional." A person who is employed

by a school entity or works for a contractor within a school

entity who is not a professional staff member.

"Employment contract." A contract for services between a

public school entity and one or more professional staff members

who are not members of a bargaining unit represented by an

employe organization.

"Grant." A Pennsylvania accountability grant awarded under

this section.

"Highly qualified." A highly qualified elementary teacher or

a highly qualified middle or secondary teacher as defined in 22

Pa. Code § 403.2 (relating to definitions).

"Job shadowing." As part of career exploration activities in

late middle and early high school, activity of a student

following an employe for one or more days to learn about a

particular occupation or industry, which activity is intended to

help students explore a range of career objectives and possibly

to select a career pathway.

"Professional staff member." A full-time:

(1) professional employe as defined in section 1101;

(2) temporary professional employe as defined in section

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1101; or

(3) substitute as defined in section 1101.

"Public school entity." A school district.

"Science." A curricular offering in support of the science

and technology content area as defined in 22 Pa. Code § 4.12

(relating to academic standards).

Section 17. This act shall take effect immediately.

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