An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in preliminary provisions, further providing for advertising and sponsorships; and, in charter schools, further providing for definitions, for charter school requirements, for powers of board of trustees, for facilities, for enrollment, for funding for charter schools, for funding for cyber charter schools, for powers and duties of department, for assessment and evaluation and for cyber charter school requirements and prohibitions, providing for fund balance limits and for educational management service providers, further providing for school district and intermediate unit responsibilities and for establishment of cyber charter school, providing for renewal of charters, for charter amendments and for causes for nonrenewal, revocation or termination and further providing for State Charter School Appeal Board review, for cyber charter school application, for enrollment and notification and for applicability of other provisions of this act and of other acts and regulations.

PRINTER'S NO. 1568
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1372
Session of
2025
INTRODUCED BY CIRESI, MADDEN, ISAACSON, PROBST, VENKAT, SANCHEZ,
HILL-EVANS, PIELLI, KHAN, HADDOCK, O'MARA, BOROWSKI, DONAHUE,
WAXMAN, HOWARD, RIVERA, CERRATO, SCHLOSSBERG, BOYD AND
CEPEDA-FREYTIZ, MAY 1, 2025
REFERRED TO COMMITTEE ON EDUCATION, MAY 2, 2025
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, further
providing for advertising and sponsorships; and, in charter
schools, further providing for definitions, for charter
school requirements, for powers of board of trustees, for
facilities, for enrollment, for funding for charter schools,
for funding for cyber charter schools, for powers and duties
of department, for assessment and evaluation and for cyber
charter school requirements and prohibitions, providing for
fund balance limits and for educational management service
providers, further providing for school district and
intermediate unit responsibilities and for establishment of
cyber charter school, providing for renewal of charters, for
charter amendments and for causes for nonrenewal, revocation
or termination and further providing for State Charter School
Appeal Board review, for cyber charter school application,
for enrollment and notification and for applicability of
other provisions of this act and of other acts and
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 134 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended by
adding a subsection to read:
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Section 134. Advertising and Sponsorships.--* * *
(a.1) A public school entity may not pay for or utilize any
other form of consideration to sponsor a public event.
* * *
Section 2. The definitions of "family member" and "school
district of residence" in section 1703-A of the act, added July
11, 2024 (P.L.618, No.55), are amended and the section is
amended by adding definitions to read:
Section 1703-A. Definitions.--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:
* * *
"Eligible applicant" shall mean a student who:
(1) seeks to enroll in a grade level offered by the charter
school entity;
(2) 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
attendance); and
(3) satisfies applicable student residency requirements.
"Emergency" shall mean a manmade or natural disaster. The
term includes a fire, flood, 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,
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stepchild, spouse, domestic partner, brother, sister,
stepbrother [or], stepsister[.], grandparent, grandchild,
parent-in-law, brother-in-law, sister-in-law, aunt, uncle or
first cousin.
* * *
"Public hearing." A meeting held in accordance with 65
Pa.C.S. Ch. 7 (relating to open meetings) at which the
contemplated action is considered and members of the public are
provided an opportunity to offer comment 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 3. Section 1715-A(a) introductory paragraph, (1),
(2), (3), (4), (5), (6), (8), (9) and (10) introductory
paragraph and (c)(1) introductory paragraph and (3) of the act,
amended July 11, 2024 (P.L.618, No.55), are amended to read:
Section 1715-A. Charter School Requirements.--(a) [Charter
schools] A charter school entity shall be required to comply
with the following provisions:
(1) Except as otherwise provided in this article, a charter
school [is] entity shall be exempt from statutory requirements
established in this act, from regulations of the State board and
the standards of the secretary not specifically applicable to
charter schools. [Charter schools are not] A charter school
entity shall not be exempt from statutes applicable to public
schools other than this act.
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(2) A charter school entity shall be accountable to the
parents, the public and the Commonwealth, with the delineation
of that accountability reflected in the charter. Strategies for
meaningful parent and community involvement shall be developed
and implemented by each school.
(3) A charter school entity shall not unlawfully
discriminate in admissions, hiring or operation.
(4) A charter school entity shall be nonsectarian in all
operations.
(5) A charter school entity shall not provide any religious
instruction, nor shall it display religious objects and symbols
on the premises of the charter school entity.
(6) A charter school entity shall not advocate unlawful
behavior.
* * *
(8) A charter school entity shall participate in the
Pennsylvania State Assessment System as provided for in 22 Pa.
Code Ch. [5 (relating to curriculum), or subsequent regulations
promulgated to replace 22 Pa. Code Ch. 5,] 4 (relating to
academic standards and assessment) in the manner in which the
school district in which the charter school entity is located is
scheduled to participate.
(9) A charter school entity shall provide a minimum of one
hundred eighty (180) days of instruction or nine hundred (900)
hours per year of instruction at the elementary level, or nine
hundred ninety (990) hours per year of instruction at the
secondary level. Nothing in this clause shall preclude the use
of computer and satellite linkages for delivering instruction to
students.
(10) Boards of trustees and contractors of [charter schools]
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a charter school entity shall be subject to the following
statutory requirements governing construction projects and
construction-related work:
* * *
(c) (1) No individual who serves as an administrator for a
charter school entity may receive compensation from another
charter school entity [or], from an educational management
service provider, from a charter school foundation or from a
company that provides management or other services to a charter
school entity, unless:
* * *
(3) An administrator of a charter school entity and a family
member of the administrator may not serve as a voting member of
the board of trustees of the charter school entity that employs
the administrator[.] or of a charter school foundation that
supports the charter school entity.
* * *
Section 4. Sections 1716-A(h) and 1722-A(f)(3) and (4) of
the act, amended or added July 11, 2024 (P.L.618, No.55), are
amended and the sections are amended by adding subsections to
read:
Section 1716-A. Powers of Board of Trustees.--* * *
(b.4) A n individual may not serve as a voting member of the
board of trustees of a cyber charter school if any of the
following apply:
(1) The individual or a family member of the individual is
employed by, or receives compensation from, the cyber charter
school.
(2) The individual is employed by either of the following:
(i) The board of trustees or board of directors of a charter
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school foundation that supports the cyber charter school.
(ii) The board of trustees or board of directors of an
educational management service provider that contracts with the
cyber charter school.
(3) The individual serves as a voting member of the board of
trustees of another charter school entity.
(b.5) A member of the board of trustees of a cyber charter
school, or a family membe r of a member of the board of trustees,
may not directly or indirectly through any other individual,
entity, partnership, corporation in which the member holds stock
or a financial interest or through any other organization
provide any of the following to the cyber charter school:
(1) A loan, forbearance or forgiveness of a loan or other
debt.
(2) A service or product.
(3) A lease of real or personal property.
(b.6) A member of the board of trustees of a cyber charter
school who violates sub section (b.4) or (b.5) shall be deemed to
have violated 65 Pa.C.S. § 1103(a) and shall be subject to the
penalties under the jurisdiction of the State Ethics Commission.
A contract entered into in violation of subsection (b.4) or
(b.5) shall be voidable by a court of competent jurisdiction.
* * *
(h) A charter school entity may be subject to an annual
audit by the Auditor General, in addition to any other audits
required by Federal law or this act. A cyber charter school may
also be subject to an annual audit by the department or any
other entity granted authority to audit cyber charter schools.
* * *
Section 1722-A. Facilities.--* * *
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(f) A school district, intermediate unit, community college
and institution under Article XX-A shall provide a cyber charter
school with reasonable access to facilities for the
administration of standardized testing as follows:
* * *
(3) A school district, intermediate unit, community college
or institution may 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) [A] Any facilities rental fee charged to the cyber
charter school and the payment of the fee shall be in compliance
with the facility rental policy of the school district,
intermediate unit, community college or institution that applies
generally to all organizations and community groups given access
to facilities of the school district, intermediate unit,
community college or institution under a rental agreement.
(g) Nothing in this section shall be construed to require a
school district, intermediate unit, community college or
institution to provide a cyber charter school with computers or
any other devices used by students for the administration of
standardized tests.
Section 5. Section 1723-A(d)(1) of the act is amended and
the subsection is amended by adding a paragraph to read:
Section 1723-A. Enrollment.--* * *
(d) (1) Enrollment of students in a charter school or cyber
charter school shall not be subject to a cap or otherwise
limited by any past or future action of a board of school
directors, a board of control established under Article XVII-B,
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a special board of control established under section 692 or any
other governing authority, unless agreed to by the charter
school or cyber charter school as part of a written charter
pursuant to section 1720-A or 1745-A.
(1.1) Notwithstanding paragraph (1), a cyber charter school
that has been designated as a Comprehensive Support and
Improvement school under the Every Student Succeeds Act (Public
Law 114-95, 129 Stat. 1802) may not expand the cyber charter
school's enrollment by more than ten per centum of the
enrollment reported by the cyber charter school on the date of
the cyber charter school's designation. The limitation under
this paragraph shall apply until the cyber charter school exits
the designation.
* * *
Section 6. 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 7. Section 1725.1-A(b) and (c) introductory
paragraph of the act, added July 11, 2024 (P.L.618, No.55), are
amended and the section is amended by adding subsections to
read:
Section 1725.1-A. Funding for Cyber Charter Schools.--* * *
(b) Notwithstanding section [1725-A(a)(3)] 1725-A(a)(2) and
(3), per-student funding amounts for special education students
attending a cyber charter school shall be calculated in
accordance with this section and shall be paid by the school
district of residence of each student.
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(c) [Effective January 1, 2025, and the entirety of each
school year thereafter,] For the 2025-2026 school year, for
special education students, a cyber charter school shall receive
for each student enrolled the lesser of:
* * *
(e) Beginning with the 2026-2027 school year, a cyber
charter school shall be funded by a student's school district of
residence based on the Statewide Cyber Charter School Tuition
Rate .
(f) For the 2026-2027, 2027-2028 and 2028-2029 school years,
the Statewide Cyber Charter School Tuition Rate for non-special
education students shall be eight thousand dollars ($8,000) per
student.
(g) Beginning with the 2029-2030 school year and every three
(3) years thereafter, the department shall adjust the Statewide
Cyber Charter School Tuition Rate based on the average annual
property tax increase for all school districts during the
preceding three (3) years. The department shall develop
guidelines for calculating the adjustment under this subsection.
(h) On or before April 30, 2029, and by April 30 of each
third year thereafter, the department shall calculate and post
on the department's publicly accessible Internet website the
updated Statewide Cyber Charter School Tuition Rate payable by a
student's school district of residence for the next three (3)
school years.
(i) Beginning with the 2026-2027 school year, funding for
special education students enrolled in a cyber charter school
shall be determined as follows:
(1) For each special education student, the cyber charter
school shall receive the Statewide Cyber Charter School Tuition
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Rate multiplied by one and sixty-four hundredths (1.64).
(2) If the cyber charter school determines that the annual
expenditure for providing special education services and
programs to an enrolled special education student is likely to
meet or exceed the expenditure threshold 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 services and programs to the
enrolled special education student is likely to meet or exceed
the expenditure threshold under section 1372(8) for Category 2,
th e department shall direct the student's school district of
residence to pay the Statewide Cyber Charter School Tuition Rate
for the student adjusted as follows:
(i) For a student enrolled in the cyber charter school for
which the annual expenditure is in Category 2, the Statewide
Cyber Charter School Tuition Rate multiplied by three and eight
hundredths (3.08).
(ii) For a student enrolled in the cyber charter school for
which the annual expenditure is in Category 3, including
Categories 3A and 3B under section 1372(8), the Statewide Cyber
Charter School Tuition Rate multiplied by six and thirty-four
hundredths (6.34).
(j) The department shall calculate and publicly post the
per-student amounts payable under subsection (i) on the
department's publicly accessible Internet website to be paid by
a student's school district of residence.
(k) To receive funding under subsection (i)(2) and (3), a
cyber charter school must submit documentation to the department
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demonstrating the likely annual expenditure for special
education services and programs for the student in accordance
with guidelines developed by the department.
(l) The department shall update t he weighting factors under
subsection (i) when the weights under section 2509.5(bbb)(2) for
school districts are adjusted.
(m) The following shall apply:
(1) A payment under subsection (i)(3)(ii) may not exceed the
actual annual expenditure of providing special education
services and programs to the student.
(2) If a Category 3 student's actual expenditure for
providing special education services and programs is less than
the amount received under this section, the cyber charter school
shall refund the difference to the student's school district of
residence no later than August 1 of each year.
(n) The following shall apply:
(1) If a student voluntarily enrolls in a cyber charter
school, the student or the student's parent or guardian shall
pay tuition to the cyber charter school equal to the Statewide
Cyber Charter School Tuition Rate.
(2) The payments under paragraph (1) shall be made in twelve
(12) equal monthly installments by the fifth day of each month
during the school year.
(3) Except as provided in paragraph (4), the school district
of residence shall not be responsible for tuition payments for a
a student specified under paragraph (1), and the student shall
not be included i n the average daily membership of the school
district of residence for the purpose of State funding under
Article XXV.
(4) The requirements under this subsection shall not apply,
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and the school district of residence shall be responsible for
tuition payments for a student, if:
(i) the student was enrolled in a cyber charter school
during the 2025-2026 school year; or
(ii) the student was enrolled in the school district of
residence for at least one full school year prior to enrolling
in the cyber charter school.
Section 8. Section 1741-A(a)(1), (2), (3) and (5), (b) and
(c) of the act are amended and the section is amended by adding
a subsection to read:
Section 1741-A. Powers and duties of department.
(a) Powers and duties.--The department shall have the
following powers and duties:
(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. The
department shall hold at least one public hearing 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
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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
maintain the financial ability to provide services as
required under this subdivision.]
* * *
[(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).
(c) Documents.--Documents of the appeal board shall be
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),
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known as the Right-to-Know Law.
(d) Standard enrollment form.--
(1) The department shall develop a standard enrollment
form, in both paper and electronic formats, which shall be
used by an eligible applicant seeking to enroll in a cyber
charter school. The enrollment form shall be limited to
information necessary to identify the student, determine
grade level and establish residency, including all of the
following:
(i) The student's name, residential address,
resident school district, telephone number, date of
birth, current grade level and grade level to be entered.
(ii) The name, residential address and telephone
number or email address of the student's parent or
guardian.
(iii) The proposed date and grade level of
enrollment.
(iv) The name of the cyber charter school and the
contact information, including the name, telephone number
and email address, of an authorized representative of the
cyber charter school.
(v) The signatures of the student's 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 manner 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.
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(3) The standard enrollment form shall be:
(i) physically available at each cyber charter
school location in a format compliant with Federal and
State law; and
(ii) posted on the cyber charter school's publicly
accessible Internet website.
(4) A cyber charter school may not request or require
additional information beyond what is contained in the
standard enrollment form as developed by the department.
(5) Nothing in this subsection shall be construed to
prevent a cyber charter school, after a student is accepted
for admission and has expressed intent to enroll, from
requesting records and information that public schools are
otherwise entitled to receive.
Section 9. Section 1742-A(1) and (3) of the act are amended
and the section is amended by adding a paragraph to read:
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.
The assessment may include, but shall not be limited to, an
examination of all of the following:
(i) Academic performance.
(ii) Financial management.
(iii) Audit results.
(iv) Governance and operation.
(v) Compliance with Federal and State laws and
regulations.
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* * *
(3) Have ongoing access to all records, systems,
facilities, instructional materials and student and staff
records of each cyber charter school [and to every cyber
charter school facility to] and any related charter school
foundation or educational management service provider to
facilitate the annual and comprehensive reviews required
under this subsection and to ensure the cyber charter school
is in compliance with its charter and this [subdivision.]
article and that requirements for testing, civil rights and
student health and safety are being met.
(4) Conduct a comprehensive review of each cyber charter
school prior to granting a charter renewal. The comprehensive
review may include, but shall not be limited to, an
examination of all of the following:
(i) Academic performance.
(ii) Financial management.
(iii) Audit results.
(iv) Governance and operation.
(v) Compliance with Federal and State laws and
regulations.
Section 10. Section 1743-A(a), (b), (c), (d)(1) and (11),
(e), (f), (g) and (h) of the act are amended and the section is
amended by adding subsections to read:
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;
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(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 specified
under subsection (e);
(2.1) offer or provide to parents, guardians or students
cash, gifts or other incentives having more than a de minimis
value for enrolling in, attending or considering enrollment
or attendance in the cyber charter school; or
(3) 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).
(c) School district.--A cyber charter school shall make
available upon request, either in writing or electronically, to
each student's school district of residence the following:
(1) A copy of the charter.
(2) A copy of the cyber charter school application.
(3) A copy of all annual reports prepared by the cyber
charter school under this article.
(4) A list of all students from that school district
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:
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(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.
* * *
(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) along
with a description of the designation, if applicable.
* * *
(e) Students.--For each student enrolled, a cyber charter
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, unless the
parent or guardian of an enrolled child elects not to receive
a computer, computer monitor or printer; and
(3) provide or reimburse for [all] technology and
services necessary for the [on-line] online delivery of the
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curriculum and instruction. The department shall establish a
maximum allowable reimbursement rate for the technology and
services required under this paragraph.
(e.1) Liability.--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 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
annual report:
(1) The annual report 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, including all exhibits
and attachments to the annual 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.
(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.] Employee evaluations.--A cyber charter school
shall use the revised rating system under subarticle (c.1) of
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Article XI to evaluate principals or school leaders, classroom
teachers and nonteaching professional employees.
(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
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.
* * *
(j) Educational agreements.--A cyber charter school may
enter into agreements with school districts or any other public
or private schools located in this Commonwealth for the
provision of programs, courses or other educational services.
(k) Budget.--
(1) By June 30 each year, a cyber charter school shall
annually adopt and submit to the department and each school
district which has a student enrolled with a copy of the
cyber charter school's annual budget on a form developed by
the department. For the purpose of this paragraph, a cyber
charter school shall provide no more information than
provided by a school district under section 687.
(2) The cyber charter school shall print or otherwise
make available for public inspection a copy of the cyber
charter school's proposed annual budget at least 20 days
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prior to the adoption of the final budget. The cyber charter
school shall also post a copy of the cyber charter school's
proposed annual budget on its publicly accessible Internet
website.
(3) On the date of adoption of the proposed annual
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 a
form developed by the department. The certification under
this paragraph shall be in a manner required by the
department. Final action shall not be taken on a proposed
annual budget that has not been prepared, presented and made
available for public inspection using a form developed 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.
(l) Accessibility.--A cyber charter school or 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:
(1) Annual budgets for the cyber charter school, as
specified under subsection (k), and the 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
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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 section 1716-A(f) and each
Federal and State audit under section 1716-A(h) for the cyber
charter school and the charter school foundation for the
previous five school years, as available.
(4) Annual reports filed by the cyber charter school
under subsection (f) for the previous five school years, as
available.
Section 11. The act is amended by adding sections to read:
Section 1743.1-A. Fund balance limits.
(a) Limitation.--For the 2025-2026 school year and each
school year thereafter, a cyber charter school may 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%
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(b) Refund.--An 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 under subsection (a) shall be
refunded on a pro rata basis within 90 days to each school
district 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.
(c) Information.--By October 31, 2025, and by October 31 of
each year thereafter, a cyber charter school shall provide the
department and each school district 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 determined by the department
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 may not be used
to pay bonuses to an administrator, a member of the board of
trustees, 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 in violation of this subsection, the value of the
bonus payment or fund transfer shall be refunded on a pro rata
basis to each school district 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
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cyber charter school multiplied by the Statewide Cyber Charter
School Tuition Rate under section 1725.1-A.
(e) Definition.--As used in this section, the term
"unassigned fund balance" means that 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 the cyber charter school's budget was adopted and held
in the General Fund accounts of the cyber charter school.
Section 1743.2-A. Educational management service providers.
(a) Service providers.--An educational management service
provider that provides a service to a cyber charter school
shall:
(1) be considered 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; and
(2) maintain a publicly accessible Internet website
detailing the salaries and other compensation and titles of
the educational management service provider's employees,
officers and directors.
(b) Employees.--An employee of an educational management
service provider that provides a service to a cyber charter
school shall be considered a public employee for the purpose of
65 Pa.C.S. Ch. 11 (relating to ethics standards and financial
disclosure).
Section 12. Sections 1744-A(1) and (4) and 1745-A(c), (e),
(f)(1)(v) and (2) and (h) of the act are amended to read:
Section 1744-A. School district and intermediate unit
responsibilities.
An intermediate unit or a school district in which a student
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enrolled in a cyber charter school resides shall do all of the
following:
(1) Provide the cyber charter school within [ten] 10
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.
* * *
(4) Make payments to the cyber charter school under
section [1725-A] 1725.1-A.
Section 1745-A. Establishment of cyber charter school.
* * *
(c) Attendance.--
(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 2025-2026 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.
* * *
(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
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.--
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(1) A cyber charter school application submitted under
this subdivision shall be evaluated by the department based
on the following criteria:
* * *
(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
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.
* * *
(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 in accordance with 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). The applicant must file an appeal no
later 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 13. The act is amended by adding sections to read:
Section 1745.1-A. Renewal of charters.
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(a) Submission.--A cyber charter school shall submit a
renewal application as provided under section 1747-A(d) to the
department by October 1 of the final year of the charter term.
(b) Action. -- The department shall act to renew or not renew
a charter no later than 120 days after receipt of a complete
renewal application. The department may, in its sole discretion,
hold a public hearing to discuss the renewal.
(c) Extension. --A renewal of a charter s hall obligate the
department to extend the charter in accordance with section
1745-A(f)(3).
(d) Appeals.--Unless otherwise provided in this article, a
cyber charter school that appeals a nonrenewal may continue
operating under the terms and conditions of 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 be required only for a change
to a material term of a written charter.
(b) Emergencies.-- Notwith standing the notice requirements of
subsection (a), in the event of an emergency, a cyber charter
school shall immediately notify the department of the necessity
for an emergency amendment, which shall take effect immediately
as a temporary amendment pending completion of the processes
specified under this section.
(c) Deadline.--A cyber charter school may not seek an
amendment during the first year of the charter term. A cyber
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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-A.
(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 department shall
transmit the form to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin and post the form on the department's publicly
accessible Internet website. The following shall apply:
(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 the president or chairperson of the
board of trustees.
(iii) The physical location of the cyber charter
school, the ownership of the cyber charter school and any
lease arrangements.
(iv) The proposed amendments to the approved written
charter agreement and the reasons for the amendments.
(v) Evidence of the vote by the board of trustees
approving submission of the amendment request.
(2) The department shall review the model amendment
application form at least every three years, with stakeholder
input, and shall revise the form as necessary.
(e ) Supplements . -- Nothing in this section shall be construed
to prevent the department from supplementing the model
application form or requiring additional information necessary
to evaluate the application in accordance with this act.
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(f) Posting.--T he department shall post the model amendment
form on the department's publicly accessible Internet website no
later than August 1, 2025.
(g) Use.--A charter school entity shall use the model
application form beginning in the 2025-2026 school year.
(h) Hearing.--Within 60 days of receipt by the department of
a charter amendment application, the department shall hold a
public hearing on the proposed charter amendment.
(i) Action.--Within 180 days of the receipt by the
department of the charter amendment request, the department
shall grant or deny the request. The department shall provide
written notice of the department's determination to the cyber
charter school.
(j) Approval.-- If the amendment request is granted by the
department under subsection (i), the cyber charter school's
written charter shall be supplemented or amended, as
appropriate, to contain the provisions of the amendment request
and signed by the department and the president or chairperson of
the cyber charter school's board of trustees. The amended
charter, when signed as required under this subsection, shall
constitute legal authorization for continued operation under the
amended terms for the remainder of the charter term.
(k) Denial.-- If the amendment request is denied by the
department under subsection (i), the department shall clearly
state the reasons for the denial, including any deficiencies, in
the written notice sent by the department to the cyber charter
school. The cyber charter school may appeal the denial to the
appeal board in accordance with section 1746-A. A denial shall
not preclude future resubmission of the amendment request by the
cyber charter school to address the deficiencies identified by
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the department in its written notice denying the amendment
request.
(l) Request at renewal.-- Notwithstanding subsection (a), a
cyber charter school may request an ame ndment to its charter at
the time of renewal. Charter amendment requests made at the time
of renewal shall be considered distinct requests subject to
independent approval or denial by the department in accordance
with this section.
(m) Definitions.--As used in this section, the term "change
to a material term" means any of the following:
(1) A change to the name of the cyber charter school.
(2) A change in building location or addition of a new
facility.
(3) A change in educational management service provider.
(4) A change to curriculum provider.
(5) A change to mission or educational goals of the
cyber charter school.
(6) A change to grade levels served other than those
included in the approved charter application even if those
grades are not currently implemented.
(7) Expansion of enrollment 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 a 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) A material violation of a condition, standard or
procedure contained in the written charter signed under
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section 1745-A.
(2) Failure to meet the requirements for student
performance specified in 22 Pa. Code Ch. 4 (relating to
academic standards and assessment).
(3) Failure to meet any performance targets specified in
the written charter signed under 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).
(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 a Federal law
or regulation 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 any of the following:
(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.
(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.
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(11) Failure to timely comply with reporting
requirements from which the charter school has not been
exempted, including the submission of an annual budget
required by section 1743-A(k), an annual financial report
required by section 218 and the annual report required by
section 1743-A(f).
(12) Failure to provide ongoing access to the records
and facilities of the cyber charter school as required by
section 1742-A(3).
(13) A reason to revoke or not renew the charter as
specified in regulations promulgated by the department.
(b) Notice and hearings.--
(1) The department shall provide a notice of revocation
or nonrenewal of a charter in writing to a cyber charter
school, 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.
(2) The department shall conduct the public hearing
under paragraph (1), present evidence in support of the
grounds for revocation or nonrenewal stated in the notice of
revocation or nonrenewal and provide the cyber charter school
reasonable opportunity to offer testimony before taking final
action.
(3) The department shall take formal action revoking or
not renewing a charter at the public meeting under paragraph
(1) in accordance with 65 Pa.C.S. Ch. 7 after the public has
a 30-day period to provide comments to the board of trustees
of the cyber charter school.
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(4) No later than 60 days after the public meeting under
paragraph (1) in which a formal action is taken by the
department under paragraph (3), the department shall provide
written notice of the department's determination to revoke or
not renew the charter to the cyber charter school.
(5) Proceedings of the department under 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 determination of the
department to revoke or not renew the charter shall not be
subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action).
(c) Appeals.--A cyber charter school may appeal the
determination of the department to revoke or not renew the
charter under subsection (b) to the appeal board. The cyber
charter school must file the appeal with the appeal board no
later than 60 days after issuance of the department's
determination. The appeal board shall have the exclusive review
of a department's determination to revoke or not renew the
charter. The appeal board shall review the record and have the
discretion to supplement the record if the supplemental
information was previously unavailable. The appeal board may
consider the charter school plan, annual reports and student
performance in addition to the record. The appeal board shall
determine whether the department's determination to revoke or
not renew the charter was arbitrary and capricious and
specifically articulate the appeal board's reasons for its
findings in a written decision.
(d) Effect.--Except as specified under subsection (e), the
charter shall remain in effect until final disposition by the
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appeal board under subsection (c). 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 other such time as the appeal
board directs.
(e) Immediate action.--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 or staff 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 each
school entity with students enrolled in the cyber charter school
for the last full or partial school year of the cyber 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
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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. The cyber charter school shall forward the
student records maintained by the cyber charter school to the
student's new school within 10 days of the student's enrollment.
Section 14. Sections 1746-A(a) and (b)(5) and 1747-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:
* * *
(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). 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 decides that the charter should be revoked or not
renewed, the charter shall remain in effect until the end of
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the school year or another time as the appeal board directs.
* * *
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 department
shall transmit the model application form to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin and post the model application form 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 shall 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.
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(4) The proposed governance structure of the cyber
charter school, including all of the following:
(i) A clear description of the method for the
appointment or selection of members of the board of
trustees.
(ii) A copy of the articles of incorporation filed
with the Department of State.
(iii) A copy of the bylaws, operating agreement or
equivalent document adopted by the applicant for the
general governance of the cyber charter school.
(iv) 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, all
of the following:
(i) Evidence of the educational management service
provider's record in each school where the provider
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provides or has provided services for student
populations, including demonstrated academic achievement
and growth and demonstrated management of nonacademic
school functions, including proficiency with public
school-based accounting, if applicable.
(ii) Evidence that the board of trustees has
reviewed each service to be provided and determined,
through competitive bidding or at least three 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 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
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service provider agree in writing that the
educational service provider will provide
services related to the dissolution of the cyber
charter school.
(C) Roles and responsibilities of the board of
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
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cyber charter school if the provider is also
providing other services to the cyber charter
school under the contract or agreement unless the
board of 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 may 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
money 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,
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including a charter school foundation qualified as a
support organization under 26 U.S.C. (relating to
Internal Revenue Code).
(v) A contract with an educational management
service provider may not be executed until the charter
agreement is signed under 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 under section 1723-A.
(10) Procedures that will be used regarding the
suspension or expulsion of pupils, which shall comply with
the requirements under 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 procedures for
auditing the school in accordance with sections 437 and 1716-
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 under section 1725.1-A.
(14) Procedures to review complaints of parents and
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guardians regarding the operation of the cyber charter
school.
(15) A description and address of each physical facility
where the cyber charter school will be located or operating,
including information regarding each facility's 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 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 an agreement has been entered into or a
plan 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 Federal and State law.
(20) Documentation that the cyber charter school
possesses and maintains adequate and appropriate insurance,
bond or other security for the cyber charter school,
including the board of trustees and employees of the charter
school, to prevent a cyber charter school's outstanding
liabilities and obligations from being imposed upon a school
entity 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
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promulgate regulations specifying the minimum security
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 and off-line time] online time and
for independent coursework.
[(8)] (28) A description of commercially prepared
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standardized achievement tests that will be used by the cyber
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.]
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(34) Any other information required by the department.
(b) 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.
(c) Extracurricular activity.--A school district of
residence may not prohibit a student of a cyber charter school
from participating in an 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 the school district's students in
the activity. A cyber charter school student may not be required
to pay a fee also not paid by a student enrolled in the school
district for participation in the extracurricular activity.
(d) Renewal application form.--The department shall create
and publish a model renewal application form, in electronic
format, that a cyber charter school seeking renewal of the cyber
charter school's charter shall, at a minimum, complete as part
of the cyber charter school's renewal application. The
department shall transmit the form to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin and post the form on the department's
publicly accessible Internet website. The form shall include all
of the following:
(1) The name and contact information for the chief
administrator and president or chairperson of the board of
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trustees of the cyber charter school.
(2) Whether the cyber charter school is seeking an
amendment to the school's current charter.
(3) Other information deemed necessary by the
department.
(e) Review.--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.
(f) Changes.--Nothing in this section shall be construed to
prevent the department from supplementing the established model
application and renewal application forms or requiring
additional information permitted by this act as necessary to
evaluate a renewal application.
(g) Posting.--The department shall post the model
application and renewal application forms on the department's
publicly accessible Internet website no later than August 1,
2025.
(h) Use.--A cyber charter school applicant or cyber charter
school operator shall use the model application and renewal
application forms beginning in the 2025-2026 school year.
Section 15. Section 1748-A(a)(1) and (2)(vi) and (vii), (b)
and (c) of the act, amended July 11, 2024 (P.L.618, No.55), are
amended and the section is amended by adding subsections to
read:
Section 1748-A. Enrollment and notification.
(a) Notice to school district.--
(1) Within 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
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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:
* * *
(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
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.1) Notification.--The notification required under
subsection (a) shall include all of the following:
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(1) The enrollment form filed with the cyber charter
school by the student or the parent or guardian.
(2) A certification that the cyber charter school
verified the residency of the student.
(c) Withdrawal.--The cyber charter school [and the parent or
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 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
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 the board of trustees of the
cyber charter school to close the cyber charter school, the
cyber charter school may not enroll new students and shall
provide notice of the closure to each parent or guardian of a
student enrolled in the cyber charter school, a time period for
the cyber school's closure and information on enrolling in
another public school.
Section 16. Section 1749-A(a)(1) of the act, reenacted and
amended October 31, 2024 (P.L.1129, No.135), is amended, the
subsection is amended by adding a paragraph and the section is
amended by adding a subsection 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) The following:
(i) Section 108.
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(ii) Section 110.
(iii) Section 111.
(iv) Section 321.
(v) Section 325.
(vi) Section 326.
(vii) Section 327.
(viii) Section 431.
(ix) Section 436.
(x) Section 443.
(xi) Section 510.
(xii) Section 518.
(xiii) Section 527.
(xiv) Section 708.
(xv) Section 752.
(xvi) Section 753.
(xvii) Section 755.
(xviii) Section 771.
(xix) Section 776.
(xx) Section 777.
(xx.1) Section 807.1.
(xxi) Section 808.
(xxii) Section 809.
(xxiii) Section 810.
(xxiv) Section 1109.
(xxv) Section 1111.
(xxvi) Section 1112(a).
(xxvii) Section 1205.1.
(xxviii) Section 1205.2.
(xxix) Section 1301.
(xxx) Section 1302.
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(xxxi) Section 1310.
(xxxii) Section 1317.2.
(xxxiii) Section 1318.
(xxxiv) Section 1326.
(xxxv) Section 1327.
(xxxvi) Section 1327.2.
(xxxvii) Section 1329.
(xxxviii) Section 1330.
(xxxix) Section 1332.
(xl) Section 1333.
(xli) Section 1333.1.
(xlii) Section 1333.2.
(xliii) Section 1333.3.
(xliv) Section 1341.
(xlv) Section 1342.
(xlvi) Section 1343.
(xlvii) Section 1344.
(xlviii) Section 1345.
(xlix) Section 1372(8).
(l) Section 1303-A.
(li) Section 1518.
(lii) Section 1521.
(liii) Section 1523.
(liv) Section 1531.
(lv) Section 1547.
(lvi) Section 1702-A.
(lvii) Section 1703-A.
(lviii) Section 1714-A.
(lix) Section 1715-A.
(lx) Section 1716-A.
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(lxi) Section 1716.1-A.
[(lxii) Section 1719-A.]
(lxiii) Section 1721-A.
(lxiv) Section 1722-A.
(lxv) Section 1723-A(a) and (b).
(lxvi) Section 1724-A.
(lxvii) Section 1725-A.
(lxviii) Section 1727-A.
(lxix) Section 1729-A.
(lxx) Section 1730-A.
(lxxi) Section 1731-A(a)(1) and (b).
(lxxii) Section 2014-A.
(lxxii.1) Section 2552.
(lxxii.2) Subarticle (c.1) of Article XI.
(lxxiii) Article XII-A.
(lxxiv) Article XIII-A.
(lxxv) Article XIV.
* * *
(7) The requirements of 20 U.S.C. § 1232g (relating to
family educational and privacy rights) and associated
regulations in all public reporting.
* * *
(d) Open meetings.--The board of trustees of a cyber charter
school shall comply with 65 Pa.C.S. Ch. 7 (relating to open
meetings).
Section 17. This act shall take effect immediately.
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