PROPOSED RULEMAKING
DEPARTMENT OF EDUCATION
[ 22 PA. CODE CH. 713 ]
Charter Schools and Cyber Charter Schools
[51 Pa.B. 6032]
[Saturday, September 18, 2021]The Department of Education (Department) proposes to add Chapter 713 (relating to charter schools and cyber charter schools) to read as set forth in Annex A.
Statutory Authority
Sections 1732-A(c) and 1751-A of the Charter School Law (CSL) (24 P.S. §§ 17-1732-A(c) and 17-1751-A) authorize the Department to promulgate regulations relating to charter school entities and to implement the CSL (24 P.S. §§ 17-1701-A—17-1751-A). The Department is exercising this authority with this proposed rulemaking to add a new chapter under Part XX (relating to charter schools).
Purpose and Background
In enacting the CSL in 1997, the General Assembly intended, as described in section 1702-A of the CSL (24 P.S. § 17-1702-A), to provide opportunities for teachers, parents, pupils and community members to establish and maintain charter schools that operate independently from the existing school district structure as a method to:
• Improve pupil learning.
• Increase learning opportunities for all pupils.
• Encourage the use of different and innovative teaching methods.
• Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site.
• Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system.
• Hold the schools established under the CSL accountable for meeting measurable academic standards and provide the school with a method to establish accountability systems.
At the heart of these principles is the idea that charter schools will serve as laboratories of innovation; however, apart from amendments enacted in 2001 to authorize the establishment of cyber charter schools, the CSL has remained largely unchanged since its enactment.
Charter school entities are generally divided into four types—charter schools, regional charter schools, cyber charter schools and multiple charter school organizations (MCSO). Both charter schools and regional charter schools are independent public schools established and operated under a charter from the local school board or boards and in which students physically attend. These schools are commonly referred to as ''brick-and-mortar'' charter schools and focus on teacher-led discussion and teacher knowledge imparted to students through face-to-face interaction at the schools' physical facilities located within the boundaries of the school district or districts that granted the charter. A cyber charter school is an independent public school established and operated under a charter from the Department. Cyber charter schools use technology to provide a significant portion of curriculum and to deliver a significant portion of instruction to their students through the internet or other electronic means without a school-established requirement that students be present at a supervised physical facility designated by the school, except on a very limited basis, such as for standardized assessments. The fourth type of charter school entity is an MCSO. Section 1729.1-A of the CSL (24 P.S. § 17-1729.1-A) permits, under certain circumstances, the merger of two or more existing charter schools or regional charter schools into an MCSO, which may operate under the oversight of a single board of trustees and a chief administrator. An MCSO is considered the holder of a charter for each individual charter school in the organization but is not a charter school itself. 24 P.S. § 17-1729.1-A(e). There are currently no MCSOs operating in this Commonwealth.
The Department's proposed regulation will promote transparency, equity, quality, and accountability in the implementation of the CSL's provisions relating to the establishment of new charter school entities and the governance and operation of existing charter school entities. Charter schools are expected to receive nearly $3 billion in publicly paid tuition during the 2020-2021 school year, plus additional Federal funding provided through Federal pandemic emergency and recovery relief. Accordingly, the Department is proposing regulations to ensure public awareness of the expenditure of these resources.
Transparency, equity, quality and accountability in the establishment, governance and operation of charter school entities are vital to ensuring that constituencies impacting charter school entities—including the boards of trustees that govern charter school entities, the for-profit and nonprofit organizations that play a role in the management of charter school entities and authorizers of charter school entities—adhere to the structural norms that maintain the effectiveness of the CSL.
The regulation is not mandated by any Federal or State law or court order or Federal regulation. However, the Commonwealth Court, in Insight PA Cyber Charter School v. Department of Education, 162 A.3d 591 (Pa. Cmwlth. 2017), noted ''the Department has the express authority to promulgate regulations to implement the portions of the [Charter School Law] relating to cyber charter schools. . .'' and that, in the context of management organization contracts, promulgated regulations ''would be beneficial to charter school applicants and chartering authorities.''
At 49 Pa.B. 4817 (August 24, 2019) the Department published an advance notice of proposed rulemaking (ANPR) announcing its intention to exercise its statutory authority and submit a rulemaking to amend Part XX. There was no time limit for submitting public comment, and a link to the ANPR has been available on the Department's web site since August 2019. On November 22, 2019, the Department hosted a public roundtable in State College for interested stakeholders to provide feedback on priorities as outlined in the ANPR. To date, the Department has received approximately 50 comments from stakeholders. While most comments concerned desired statutory changes, other commenters addressed important goals of this proposed rulemaking.
In a letter to the Secretary of Education, the solicitor for the School District of Pittsburgh wrote, ''It is our hope that these proposed regulations, when combined with comprehensive charter reform legislation. . .will address several important tasks. Among these are to codify charter case law in areas where the Charter School Law (CSL) has been interpreted by the Courts; to clarify open questions regarding charter funding, to improve charter schools' transparency and accountability and to begin to right the imbalance between school districts and charter schools that is imbedded into current law and policy.'' More specifically, the School District of Pittsburgh supports the development of a Statewide application for charter applicants and charter renewals, better enforcement of non-discriminatory enrollment practices, clarification that charter school board trustees are subject to 65 Pa.C.S. 1101—1113 (relating to Public Official and Employee Ethics Act) requirements that educational management service providers be more transparent about expenditure of public funds, and enactment of generally accepted standards of fiscal management and audit requirements.
Organizations such as Asian Americans United, Education Law Center-PA, Justice At Work, Nationalities Service Center, VietLead, IHAS-PA and Arc of Greater Pittsburgh/ACHIEVEA expressed support for comprehensive regulatory reform to ensure charter schools, as public schools, are equitably and inclusively educating all students, including students with disabilities, English learners and other students historically less served by charter schools.
On March 11, 2021, the Pennsylvania Coalition for Public Charter Schools (PCPCS) sent a letter to Governor Tom Wolf, Secretary of Education Noe Ortega, members of the General Assembly, and the superintendents of the School District of Philadelphia and School District of Pittsburgh, calling for ''meaningful reforms to Pennsylvania School Law and Public School Code that improves the quality of education for every public school student in charter schools and school districts.'' In its letter, PCPCS calls for a more defined and consistent process for new charter school applications to ensure the process is ''fair, equitable, and efficient.'' PCPCS further indicates support for modifying the payment process between public school districts, charter schools and the Department to reduce conflicts over non-payments. Finally, PCPCS argues for codification of additional accountability and transparency standards for all public schools. This proposed rulemaking addresses each of these aims.
Relatedly, as of April 5, 2021, a total of 396 school districts, nearly 80% of public school districts, across this Commonwealth have adopted resolutions calling for charter reform that includes transparency and accountability.
Requirements of the Proposed Rulemaking
This proposed rulemaking clarifies the minimum standard for charter school, regional charter school and cyber charter school application requirements, ensures non-discriminatory student enrollment policies as required by the CSL, clarifies that charter school entities' boards of trustees are subject to 65 Pa.C.S. §§ 1101—1113, requires the use of generally accepted principles for accounting and auditing, details the tuition payment redirection process for charter school entities and school districts, and specifies minimum standards for the provision of health care benefits for employees of charter schools, regional charter schools and cyber charter schools.
Proposed § 713.1 (relating to definitions) establishes definitions for the following terms used in this proposed rulemaking: authorizer, charter school, charter school entity, Charter School Law, cyber charter school, Department, educational management service provider, English learner, multiple charter school organization, PAsecureID, regional charter school, School Code and Secretary. The Department did not include the term ''economically disadvantaged'' in the definitions, since leaving this term undefined will not lead to confusion for the regulated community but defining the term could lead to unintended consequences in other contexts.
Proposed § 713.2 (relating to contents of charter school or regional charter school application) seeks to promulgate regulations related to the content of a charter school or regional charter school application required under section 1719-A of the CSL (24 P.S. § 17-1719-A). A charter school is a public school that operates independently of school districts under a charter issued by a local board of school directors or a board of public education. A regional charter school is a public school that operates independently of school districts under a charter issued by more than one local board of school directors or boards of education. As required under section 1719-A of the CSL, individuals interested in establishing a charter school or regional charter school must submit an application to the local board of school directors of the school district or districts in which the charter school or regional charter school will be located. Ensuring that these applications conform to statutory requirements—and are well understood by charter school organizers, charter school authorizers and stakeholders—is an important aim of this proposed rulemaking. A rigorous charter application process allows authorizers to hold prospective charter schools to high standards academically, fiscally and administratively, and helps authorizers ensure charter schools are prepared to equitably serve all students. As such, § 713.2 requires applicants seeking to operate a charter school or regional charter school to apply using either an application form created by the Department that includes minimum information requirements set forth in subsection (c) or an application developed by the authorizing school district or districts if such application meets the minimum requirements set forth in subsection (c) and is needed by the local board of directors, as the authorizer, to evaluate the application in accordance with section 1717-A(e)(2) of the CSL (24 P.S. § 17-1717-A(e)(2)).
Proposed § 713.2(c) clarifies minimum standards for each application requirement specified in section 1719-A of the CSL. Subsection (c)(1) and (2) relate to contact information for the school. Subsection (c)(3) details data that must be provided for each grade and age level the school intends to serve. Subsection (c)(4) outlines the artifacts that a charter school or regional charter school must provide related to governance structure. Subsection (c)(5) requires the charter school or regional charter school to provide the authorizer with its mission and vision as well as curriculum and assessment strategies. Subsection (c)(6) clarifies information to be provided related to the school's admission policy. Subsection (c)(7) relates to the charter school's or regional charter school's planned procedures for suspending or expelling students. Subsection (c)(8) requires information as to how the school will engage community groups in the school planning process. Subsection (c)(9) details the artifacts and data that a charter school or regional charter school must provide as part of its financial plan and auditing requirements under section 437 of the Public School Code of 1949 (School Code) (24 P.S. § 4-437). Subsection (c)(10) relates to the procedures the school will use to review and address complaints from parents and families regarding the operation of the school. Subsection (c)(11) requires the charter school to submit a school calendar consistent with the provisions of section 1502 of the School Code (24 P.S. § 15-1502). Subsection (c)(12) clarifies the type of information that must be submitted as part of the description of the charter school's physical facility and arrangements. Subsection (c)(13) details information to be included in the school's proposed faculty and professional development plan for the proposed faculty that complies with Chapters 4 and 49 (relating to academic standards and assessment; and certification of professional personnel). Subsection (c)(14) relates to extracurricular activities. Subsection (c)(15) and (16) clarify that criminal history records and child abuse clearances are required for all employees having direct contact with students and requires the applicant to provide certain information. Subsection (c)(17) clarifies how a charter school or regional charter school must demonstrate its ability to provide adequate liability and other appropriate insurance for the charter school, its employees, and the board of trustees as required by section 1719-A of the CSL.
Similarly, proposed § 713.3 (relating to contents of cyber charter school application) seeks to promulgate regulations related to the content of cyber charter school applications under section 1747-A of the CSL (24 P.S. § 17-1747-A). Specifically, § 713.3 requires applicants seeking to operate a cyber charter school in this Commonwealth to apply using an application form created by the Department that includes the items identified in § 713.2(c) and the provisions of section 1747-A of the CSL.
Proposed § 713.4 (relating to random selection policies for a charter school or regional charter school) seeks to promulgate regulations related to section 1723-A of the CSL (24 P.S. § 17-1723-A) as it pertains to the admissions policies of charter schools and regional charter schools. Section 1723-A of the CSL provides that all children in this Commonwealth qualify for admission to a charter school or regional charter school as provided for in that section, and it permits a charter school or regional charter schools to adopt admission policies and practices if certain criteria are met. Under section 1723-A of the CSL, if more students apply to the charter school or regional charter school than the number of attendance slots available in the school building, then students must be selected on a random basis from a pool of qualified applicants meeting the established eligibility criteria, with limited exceptions. Subsections (b) and (c) set minimum requirements for charter school or regional charter school random selection policies and require these policies be included in application or renewal application materials. Subsection (c) requires the policy to be posted on the school's publicly available web site and accessible to all potential applicants, including individuals with limited English proficiency. Subsection (d) sets forth information that charter schools and regional charter schools must include in annual reports to better assure transparency. Through this regulation, charter schools and regional charter schools can ensure their admission policies are transparent to the public they serve, and community taxpayers, families and students will know exactly how preferences in admissions are considered and weighted. This proposed rulemaking directly benefits students and ensures students have equal access to charter school education and are not discriminated against based on intellectual or physical ability or disability, as required under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12131—12165), and Individuals with Disabilities Education Act (IDEA) (20 U.S.C.A. §§ 1400—1482).
Proposed § 713.5 (relating to random selection policies for a cyber charter school) seeks to promulgate regulations related to section 1723-A of the CSL (as applied to cyber charter schools in section 1749-A of the CSL (24 P.S. § 17-1749-A)) as they pertain to the admission policies of cyber charter schools. Under section 1723-A of the CSL, all resident children in this Commonwealth qualify for admission to a cyber charter school. A cyber charter school may not restrict admission or enrollment based on availability of attendance slots unless such terms are agreed to by the Department and the cyber charter school as part of a written charter under section 1723-A(d) and section 1745-A of the CSL (24 P.S. § 17-1745-A). Therefore, § 713.5 sets minimum requirements for a cyber charter school to ensure random selection of students should more students apply than the number of attendance slots the cyber charter school's charter allows. Similar to § 713.4, § 713.5(c) would require a cyber charter school to make the enrollment policy publicly available on the school's web site. Section 713.5(d) sets forth data elements a cyber charter school must include in its annual report related to its number of total and qualified applicants and number of students offered and accepted enrollment in the most recent school year. This proposed rulemaking directly benefits students and ensures students have equal access to charter school education and are not discriminated against based on intellectual or physical ability or disability, as required under section 504 of the Rehabilitation Act of 1973, Title II of the ADA and the IDEA.
Both §§ 713.4(c)(4) and 713.5(c)(4) require charter schools, regional charter schools and cyber charter schools, when applicable, to make their enrollment policies accessible to the public, including to parents with limited English proficiency and individuals with a disability. This requirement is intended to ensure that all students and parents, including parents with limited English proficiency or individuals with disabilities, are able to access and understand the information, consistent with Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §§ 2000a—2000h-6) and existing obligations to parents with disabilities under the ADA (42 U.S.C.A. §§ 12101—12213).
Proposed § 713.6 (relating to requirements for boards of trustees) seeks to promulgate regulations related to members of a charter school entity's board of trustees under sections 1715-A and 1716-A of the CSL (24 P.S. §§ 17-1715-A and 17-1716-A) (as applied to cyber charter schools in section 1749-A of the CSL). Under section 1715-A(11) of the CSL, members of a charter school entity's board of trustees are public officials. For clarity, § 713.6(a) confirms charter school entity's board of trustees are public officials subject to 65 Pa.C.S. §§ 1101—1113. Section 713.6(b) clarifies the requirement that trustee file a statement of financial interest with the charter school's board of trustees, State Ethics Commission and each authorizer of the charter school entity. Section 716.6(c)—(f) clarify that board of trustee members must recuse themselves from any selection, award, administration, or contract decisions that present a conflict of interest, may not engage in other activity that constitutes a conflict of interest, and sets forth the penalties imposed for violations.
Proposed § 713.7 (relating to fiscal management and audit requirements) seeks to promulgate regulations related to section 1729-A of the CSL (24 P.S. § 17-1729-A) (and applied to cyber charter schools in section 1749-A of the CSL), which requires a charter school entity to meet generally accepted standards of fiscal management and audit requirements or face nonrenewal or termination of its charter. In addition, section 1719-A(9) of the CSL (and applied to cyber charter schools in section 1749-A of the CSL) requires a charter school application to include the provisions which will be made for auditing the school under section 437 of the School Code, which requires ''[t]he accounts of the school treasurer shall be audited annually as hereinafter provided.'' Section 713.7(a) clarifies that charter school entities must adhere to generally accepted standards of fiscal management and audit requirements. Subsections (b) and (c) set forth minimum requirements for charter school entities to satisfy those requirements, such as using Generally Accepted Accounting Principles (GAAP) and Generally Accepted Government Auditing Standards (GAGAS), and by obtaining independent annual financial audits. Section 713.7(c) identifies the components of those audits. Consistent standards of fiscal management and audit requirements will make it easier for charter school authorizers to annually assess a charter school entity's operation and financial health, as required by the CSL.
Proposed § 713.8 (relating to redirection process) seeks to promulgate regulations pertaining to section 1725-A(a)(5) of the CSL (24 P.S. § 17-1725-A(a)(5)) (and applied to cyber charter schools in section 1749-A of the CSL). Under section 1725-A of the CSL, a charter school entity may request the Department redirect a school district's subsidy to the charter school entity when the school district fails to pay the charter school entity for educating resident students. Subsection (a) requires charter school entities to invoice school districts at least 10 days before the 5th of each month. Subsection (b) requires school districts to make payment by the 5th of each month. Subsections (c) and (d) outline a process and timeline for charter school entities to submit redirection requests to the Department, including use of a standard form developed by the Department that includes information that will assist school districts with reconciling disputes. The process outlined in this proposed rulemaking will provide predictability and transparency for both charter schools and the school districts from which they are seeking payment by creating an orderly process whereby a charter school must submit enrollment information to the school district enables school districts to meet their statutory requirement to make payment by the 5th of each month. In addition, this proposed rulemaking clarifies the process when a school district fails to make payment and the charter school may submit a redirection request to the Department. Fewer redirection requests will allow the Department to realize cost savings and reallocate limited staff time to other urgent duties.
Proposed § 713.9 (relating to health care benefits) seeks to promulgate regulations related to section 1724-A of the CSL (24 P.S. § 17-1724-A) (as applied to cyber charter schools in section 1749-A of the CSL), which requires that every employee of a charter school be provided the same health care benefits the employee would receive if they worked for the chartering school district. Section 713.9 specifies how a charter school, regional charter school or a cyber charter school shall meet this statutory requirement and requires each charter school, regional charter school or cyber charter school to inform their employees of their legal right to the same health care benefits they would be provided if they were employees of the local district. Subsection (a) clarifies that a charter school is to provide the same health care benefits as the authorizing school district. Subsection (b) directs regional charter schools and cyber charter schools, which serve students from multiple school districts, to use the school district within which the regional charter school's or cyber charter school's administrative office is located as the comparison. Subsections (c) and (d) require all charter schools, regional charter schools and cyber charter schools to inform employees of their health care options, including a comparison of what they would have been offered if they were employees of the local district. Subsection (e) affirms the right of the charter school entity's authorizer to audit the health care benefits provided by the charter school entity under section 1724-A(d) of the CSL. Given the variations in health care plans, it is impossible for a charter school to offer an identical health care plan to its employees; health care plan contribution levels also differ by school entity and location. Therefore, § 713.9 does not require charter schools to spend a specific amount on health care plans or include specific benefits. Rather the proposed regulation only requires charter school employees have health care plans subsidized by their employer (that is, the charter school) to the same extent that district employees have their plans subsidized by their employer (that is, the school district). For example, if a school district employee and charter school employee both have coverage for a particular treatment, but the charter school employee pays more for that treatment than the school district employee, the charter school's plan would not comply with section 1724-A(d) of the CSL because the health care plans are not meaningfully the same.
Affected Parties
This regulation affects the Department, all 500 school districts in this Commonwealth, the approximately 163 charter schools and regional charter schools currently in operation, 14 cyber charter schools currently authorized to operate in this Commonwealth, and any entity interested in establishing a charter school entity in this Commonwealth in the future; all current and future charter school entity boards of trustees and member trustees; educational management service providers hired by charter school entities; auditing and accounting firms in this Commonwealth contracted by charter school entities; and all current and future charter school entity employees.
Fiscal Impact
Implementation will not require additional staffing or costs for the Department. The Department expects to rely on previously established procedures and any burden in adapting those procedures to comply with the regulations would be negligible. Last year, the Department received approximately 14,000 redirection requests from charter school entities. It costs the Department approximately $15 to process each redirection request. Processing these requests cost the Department an estimated $210,000. This proposed rulemaking is expected to help the Department achieve efficiencies, as a more standard process for seeking and administering redirection requests can be expected to reduce the number of these redirection requests over time and allow for quicker resolution when redirection and reconciliation requests do occur. The Department conservatively estimates it will see 3,500 fewer requests at a total cost savings of $52,500 a year.
For charter school entities that already align policies and practices with the CSL, the Department expects charter school entities will rely on currently established procedures and any burden in adapting those procedures to comply with the regulations would be negligible. For charter school entities where this is not the case, the proposed regulation may have practical costs or adverse financial effects. However, the Department does not anticipate any greater cost or adverse effect to the charter school entity community as a whole, because of this proposed rulemaking.
To comply with the fiscal management and audit requirements, a charter school entity may need to contract with an accounting firm for an annual independent financial audit, which typically costs between $20,000 and $30,000. However, charter school entities are required to annually audit financial accounts in accordance with section 437 of the School Code and sections 1719-A and 1749-A. Furthermore, charter school entities that receive at least $750,000 in Federal funds already contract with an auditing firm for an annual single audit. Currently, 148 charter school entities meet the minimum $750,000 threshold.
There may be minor financial costs to charter school entities and school districts that use an information system to process invoices under the proposed redirection process. However, the process is not substantially different from how schools produce invoices currently. Based on the Department's experience, updating an accounting system costs around $5,000.
There are no anticipated fiscal impacts to local governments.
Paperwork Requirements
For the Department, there are no additional legal, accounting or consulting procedures. The Department will need to develop a model charter school application and update the cyber charter application to reflect the requirements in this proposed rulemaking and post those applications online. The Department will need to revise the charter school redirection request form and update its electronic payment system to reflect the new redirection process. The applications and forms referenced in the regulation will be submitted electronically to the Department. Schools will complete the redirection form using the Charter School Redirection module within the Department's Consolidated Financial Reporting System (CFRS). The process is completely web-based, with no documentation submitted outside of CFRS.
For charter school entities that already align policies and practices with those of other public school entities, there will be no additional legal, accounting or consulting procedures, nor additional reporting, recordkeeping or other paperwork, including copies of forms or reports.
For charter school entities that will need to update policies and practices to implement the final-form rulemaking and comply with provisions of the CSL, there may be a need to contract with an accounting firm to implement the fiscal management and audit requirements or to implement an annual independent financial audit. However, any public school that receives at least $750,000 in Federal funds already contracts with an auditing firm for an annual single audit. Under the American Rescue Plan (ARP) Act of 2021 (Pub.L. No. 117-2), all eligible school districts and charter school entities were allocated funding through the Elementary and Secondary School Emergency Relief Fund (ARP ESSER). All but 32 charter school entities are estimated to receive more than $750,000 in Federal ARP ESSER funds beginning in spring 2021. Charter schools, regional charter schools and cyber charter schools also may need to develop policies related to enrollment procedures, post those policies on their web sites in an accessible format, and add the policies and procedures to the student application for their schools. They also may need to provide their policy to their authorizer. If a charter school contracts with an educational management service provider, the provider may need to make available additional information for the charter school to meet the application requirements in § 713.2(c)(4)(iv).
School districts that authorize charter schools or regional charter schools may need to revise existing charter school applications and supporting materials, and charter school applicants may need to provide different information, in a different form, depending on the standard applications that are developed by the Department under § 713.2 of this proposed rulemaking.
For taxpayers and the public, the regulation carries no additional legal, accounting or consulting procedures or additional reporting, recordkeeping or other paperwork, including copies of forms or reports.
Effective Date
This proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
No sunset date is necessary. The Department will review on a regular basis in accordance with the Department's policy and practice respecting all its regulations.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on September 8, 2021, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Education. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review prior to final publication of the rulemaking by the Department, the General Assembly and the Governor.
Public Comments and Contact Person
Interested individuals and organizations may access the proposed regulations at www.education.pa.gov.
Interested persons and individuals affiliated with small businesses are invited to submit written comments, questions, suggestions, commendations, concerns or objections regarding this proposed rulemaking to the Division of Charter Schools at RA-EDCharterRegs@pa.gov. Alternatively if individuals are not able to submit comments electronically, comments may be mailed to the Division of Charter Schools, Department of Education, 333 Market Street, Harrisburg, PA 17126. Comments must be submitted within 30 days of publication of this notice of proposed rulemaking in the Pennsylvania Bulletin.
For further information contact Randy Seely, Division Chief, Division of Charter Schools, rseely@pa.gov, or Eric Levis, Deputy Policy Director, elevis@pa.gov.
NOE ORTEGA,
SecretaryFiscal Note: 6-349. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART XX. CHARTER SCHOOLS
CHAPTER 713. CHARTER SCHOOLS AND
CYBER CHARTER SCHOOLS(Editor's Note: The following chapter is proposed to be added and printed in regular type to enhance readability.)
GENERAL PROVISIONS Sec.
713.1. Definitions.
APPLICATION REQUIREMENTS Sec.
713.2. Contents of charter school or regional charter school application. 713.3. Contents of cyber charter school application.
ENROLLMENT Sec.
713.4. Random selection policies for a charter school or regional charter school. 713.5. Random selection policies for a cyber charter school.
BOARDS OF TRUSTEES Sec.
713.6. Requirements for boards of trustees.
FISCAL AND AUDITING STANDARDS Sec.
713.7. Fiscal management and audit requirements.
REDIRECTION PROCESS Sec.
713.8. Redirection process.
SCHOOL STAFF Sec.
713.9. Health care benefits.
GENERAL PROVISIONS § 713.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Authorizer—any of the following:
(1) A board of school directors.
(2) A board of public education of a school district.
(3) The Department, for a cyber charter school.
Charter school—An independent public school established and operated under a charter from the local board of school directors or board of public education of a school district in which students are enrolled or attend. A charter school must be organized as a public, nonprofit corporation.
Charter school entity—A charter school, regional charter school, cyber charter school or multiple charter school organization.
Charter School Law—Article XVII-A of the Public School Code of 1949 (24 P.S. §§ 17-1701-A—17-1751-A).
Cyber charter school—An independent public school established and operated under a charter from the Department in which the school uses technology to provide a significant portion of its curriculum and to deliver a significant portion of instruction to its students through the Internet or other electronic means. A cyber charter school must be organized as a public, nonprofit corporation.
Department—The Department of Education of the Commonwealth.
Educational management service provider—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 educational design, business services, management or personnel functions or to implement the charter. The term may not include a charter school foundation.
English learner—A student with limited English language proficiency who:
(1) meets any of the following conditions:
(i) was not born in the United States or whose native language is other than English and comes from an environment where a language other than English is dominant;
(ii) is a Native American or an Alaska Native who is a native resident of the outlying areas and comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or
(iii) is migratory and whose native language is other than English and comes from an environment where a language other than English is dominant; and
(2) has sufficient difficulty speaking, reading, writing or understanding the English language and whose difficulties may deny the individual the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in an English-speaking society.
Multiple charter school organization—A public, nonprofit corporation under the oversight of a single board of trustees and a chief administrator that operates two or more charter schools or regional charter schools under section 1729.1-A of the Charter School Law.
PAsecureID—A unique, permanent, anonymous Statewide student identification assigned to students upon their first entry into the Commonwealth's public school system.
Regional charter school—An independent public school:
(1) established and operated under a charter from more than one local board of school directors or board of public education in which students are enrolled or attend; and
(2) organized as a public, nonprofit corporation.
School Code—The Public School Code of 1949 (24 P.S. §§ 1-101—27-2702).
Secretary—The Secretary of Education of the Commonwealth.
APPLICATION REQUIREMENTS § 713.2. Contents of charter school or regional charter school application.
(a) An applicant seeking to operate a charter school or regional charter school shall submit an application on one of the following forms:
(1) The application form created by the Department, which includes the items identified in subsection (c).
(2) The application form created and adopted by an authorizer of a charter school or regional charter school, which at a minimum, includes the information identified in subsection (c).
(b) An authorizer may require an applicant to submit additional information for the local board of directors to evaluate the application in accordance with section 1717-A(e)(2) of the Charter School Law.
(c) The application forms in subsection (a) shall, at a minimum, include the following:
(1) Name, address, phone number and e-mail address of the charter school or regional charter school applicant.
(2) Name of the proposed charter school or regional charter school.
(3) For each grade or age level proposed to be served by the charter school or regional charter school:
(i) Projected overall enrollment.
(ii) Projected number of students receiving special education services by primary disability. Students may only be counted in one disability category.
(iii) Projected number of English learners.
(iv) Projected composition of the student population by race, ethnicity and students who are economically disadvantaged.
(4) Proposed governance structure of the charter school or regional charter school, including:
(i) Articles of incorporation filed with the Department of State.
(ii) Bylaws and operating agreement or equivalent document adopted by the applicant for the general governance of the charter school or regional charter school.
(iii) An organizational chart showing the proposed governance structure of the charter school or regional charter school, including lines of authority and reporting among the board of trustees, administrators, staff and any educational management service provider with which the charter school or regional charter school has contracted or intends to contract.
(iv) A description of the roles and responsibilities of the board of trustees, administrators, a charter school foundation, if applicable, and any other entities shown in the organizational chart, including any educational management service provider. This includes:
(A) A description of the process for appointing or electing of members of the charter school's or regional charter school's board of trustees.
(B) A description of the roles and responsibilities of the chief executive officer.
(C) A description of any additional administrative staff who may be employed by the charter school or regional charter school and their roles and responsibilities.
(D) The name of any foundation or other entity with which the school will be associated and its financial status (for example, an organization that is tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.A. § 501(c)(3)).
(v) Standards for board of trustees' performance, including compliance with all applicable laws, regulations and terms of the charter.
(vi) If the charter school or regional charter school has contracted with or intends to contract with an educational management service provider, the following shall be provided:
(A) Evidence of the educational management service provider's record in serving student populations, including demonstrated academic achievement and growth.
(B) Demonstrated management of nonacademic school functions, including proficiency with public school-based accounting, if applicable.
(C) The final or proposed contract between the charter school or regional charter school and the educational management service provider.
(D) Names and contact information for the officers, chief administrator and administrators of the educational management service provider.
(E) Proposed duration of the service contract, for a term not to exceed the length of the charter term.
(F) Roles and responsibilities of the board of trustees, the charter school's or regional charter school's staff and the educational management service provider.
(G) The scope of services, personnel and resources to be provided by the educational management service provider.
(H) Methods of contract oversight and enforcement.
(I) Conditions for renewal and termination of the contract.
(J) The compensation structure, including clear identification of all fees to be paid to the educational management service provider, to include a total of fees expressed as a percentage of all school expenditures.
(K) Performance evaluation measures and timelines.
(L) Disclosure of any investment or planned investment or advance of moneys or planned advance of moneys by the educational management service provider on behalf of the charter school or regional charter school.
(M) Disclosure and explanation of any existing or potential conflicts of interest between the members of the board of trustees and the proposed educational management service provider.
(vii) If the charter school or regional charter school has or intends to have any affiliated business entities, including a charter school foundation qualified as a support organization under section 509(a)(3) of the Internal Revenue Code of 1986 (26 U.S.C.A. § 509(a)(3)), the charter school or regional charter school must provide a disclosure and explanation of any existing or potential conflicts of interest between the members of the board of trustees and the proposed affiliated business entities.
(5) Mission and education goals of the charter school or regional charter school, including:
(i) Mission, vision and program overview, including education purpose and demonstrated, sustainable support for the charter school or regional charter school.
(ii) Curriculum to be offered, including:
(A) Overview of instructional delivery model for all planned subjects.
(B) Pedagogical learning approach (for example, independent study, multi-age or grade level groupings, flexible student groupings, competency-based learning, multi-tiered support system).
(C) Plans for meeting the needs of at-risk students, including English learners and students with disabilities.
(iii) Methods of assessing whether students, including at-risk students such as English learners and students with disabilities, are meeting educational goals, including:
(A) Accountability, student assessment and evaluation.
(B) Student performance standards.
(C) High school graduation requirements, if applicable.
(6) Admission policy, including:
(i) Criteria for evaluating the admission of students in accordance with section 1723-A of the Charter School Law and this chapter.
(ii) Enrollment capacity by grade level.
(iii) A description of how the charter school or regional charter school will make all prospective students aware of the school's program.
(7) Procedures regarding suspension or expulsion of students, including:
(i) An explanation of the proposed philosophy on student discipline.
(ii) A copy of the charter school's or regional charter school's Student Code of Conduct.
(iii) An explanation of due process procedures that will be followed prior to administering any exclusionary discipline, including specifics for students with disabilities.
(iv) A description of how parents or guardians will be advised of students struggling in academic, social, emotional or behavioral performance.
(v) A description of how the charter school or regional charter school will assess and systematically address disparities in implementation of discipline practices among student groups.
(8) Information on how community groups will be involved in the charter school or regional charter school planning process.
(9) The financial plan for the charter school or regional charter school and the provisions for auditing the school under section 437 of the School Code and this chapter. This includes, but is not limited to:
(i) A proposed 5-year general fund budget by account code, in accordance with the Department's Chart of Accounts for PA Local Educational Agencies, that includes revenues and expenditures.
(ii) The anticipated sum of revenues and expenditures not accounted for in the account codes.
(iii) The budgeted fund balance for the proposed first year of operation and unrestricted fund balances for each year of the charter term.
(10) Procedures for reviewing and addressing complaints from parents, guardians and families regarding the operation of the charter school or regional charter school.
(11) The proposed school calendar for the charter school or regional charter school, including the length of the school day and school year consistent with the provisions of section 1502 of the School Code.
(12) A description and address of the physical facility in which the charter school or regional charter school will be located, the ownership of the physical facility and any lease arrangements, including:
(i) Whether the facility will be leased or owned.
(ii) Anticipated monthly mortgage or lease payments, and any estimated additional monthly payments (for example, utilities, property taxes and common space custodial services).
(iii) How the facility is suitable for the proposed school.
(iv) Square footage for each space where instruction of students will occur and a description of how the space will be used (for example, kindergarten classroom, gymnasium for physical education and music instruction).
(v) Safety protocols for the facility.
(13) The proposed faculty and a professional development plan for the proposed faculty of the charter school or regional charter school that complies with Chapters 4 and 49 (relating to academic standards and assessment; and certification of professional personnel), including:
(i) The number of projected full-time equivalent employees in each of the following categories:
(A) Pupil personnel.
(B) Instructional personnel.
(C) Administration.
(D) Business office.
(E) Transportation.
(F) Public health.
(G) Operations.
(H) Management.
(ii) Caseloads of staff for students receiving special education services at appropriate levels to ensure a free appropriate public education as required under Chapter 711 (relating to charter school and cyber charter school services and programs for children with disabilities).
(iii) The charter school's or regional charter school's plan and process for providing ongoing professional development for all instructional staff members.
(14) A description and copies of agreements or plans with the charter school's or regional charter school's authorizer to allow the school's students to participate in extracurricular activities within the authorizing school district.
(15) The criminal history record, under section 111 of the School Code, for all individuals who will have direct contact with students.
(16) An official clearance statement regarding child injury or abuse from the Department of Human Services, as required under 23 Pa.C.S. § 6344 (relating to employees having contact with children; adoptive and foster parents), for all individuals who will have direct contact with students.
(17) A description of how the charter school or regional charter school will provide adequate liability and other appropriate insurance for the charter school, its employees and the board of trustees of the charter school or regional charter school as required by section 1719-A of the Charter School Law, including a description of the type and level of insurance coverage the school will obtain (for example, general commercial liability, property, automobile, directors and operators, technology, workers compensation, liability under the Individuals with Disabilities Education Act and its implementing regulations, retirement liability and employee health insurance).
§ 713.3. Contents of cyber charter school application.
An applicant seeking to operate a cyber charter school shall submit an application on the application form created by the Department, which includes the items identified in § 713.2(c) (relating to contents of charter school or regional charter school application) and all provisions of section 17-1747-A of the Charter School Law.
ENROLLMENT § 713.4. Random selection policies for a charter school or regional charter school.
(a) Within 3 months of the effective date of this chapter or upon the granting of a charter, a charter school or regional charter school shall enact a policy, approved by its board of trustees, to ensure random selection of students for enrollment should more students apply to the charter school or regional charter school than the number of attendance slots available.
(b) In the case of a charter school or regional charter school applicant, the proposed policy ensuring random selection of students for enrollment shall be included in the contents of the application under section 1719-A(6) of the Charter School Law.
(c) The policy identified in subsection (a) shall:
(1) Be posted on the charter school's or regional charter school's publicly accessible web site.
(2) Be included in any renewal application of a charter school or regional charter school.
(3) Describe the method to be utilized by the charter school or regional charter school to effectuate selection of students for enrollment on a random basis.
(4) Describe how the charter school or regional charter school will ensure public notice of the selection process. This notice shall be posted on the charter school's or regional charter school's publicly accessible web site in a language that students and parents can understand or, if not practicable, can be orally translated and upon request provided in an alternative format that is accessible to an individual with a disability.
(5) Detail any optional enrollment preferences for a child of a parent or guardian who has actively participated in the development of the charter school or regional charter school and to siblings of students presently enrolled in the charter school or regional charter school. Details must describe:
(i) The order in which preferences are implemented.
(ii) Any weighting associated with the preferences.
(6) Outline any admission limitations including for a particular grade level, a targeted population group composed of at-risk students, or areas of concentration of the school such as mathematics, science or the arts.
(d) A charter school or regional charter school shall include in the annual report submitted under section 1728-A of the Charter School Law and shall, at least annually, publish on its publicly accessible web site all of the following information:
(1) Number of total applicants to the charter school or regional charter school for the most recent school year.
(2) Number of qualified applicants as determined by the charter school or regional charter school for the most recent school year.
(3) Number of students offered enrollment by the charter school or regional charter school for the most recent school year.
(4) Number of students enrolled by the charter school or regional charter school for the most recent school year.
§ 713.5. Random selection policies for a cyber charter school.
(a) A cyber charter school may not restrict enrollment based on availability of attendance slots unless the terms are agreed to by the Department and the cyber charter school as part of a written charter under sections 1723-A(d) and 1745-A of the Charter School Law.
(b) For cyber charter schools with enrollment terms agreed to by the Department and the cyber charter school as part of a written charter under section 1745-A of the Charter School Law a cyber charter school shall, within 3 months of the effective date of this chapter or upon the granting of a charter, enact a policy, approved by its boards of trustees and the Department, to ensure random selection of students for enrollment should more students apply to the cyber charter school than the number of attendance slots available.
(c) The policy identified in subsection (b) shall:
(1) Be posted on the cyber charter school's publicly accessible web site.
(2) Be included in any renewal application of a cyber charter school.
(3) Describe the method to be utilized by the cyber charter school to effectuate selection of students for enrollment on a random basis.
(4) Describe how the cyber charter school will ensure public notice of the selection process. The notice shall be posted on the cyber charter school's publicly accessible web site in a language that students and parents can understand or, if not practicable, can be orally translated and upon request provided in an alternative format that is accessible to an individual with a disability.
(5) Detail any optional enrollment preferences under section 1723-A of the Charter School Law for a child of a parent or guardian who has actively participated in the development of the cyber charter school and to siblings of students presently enrolled in the cyber charter school. The details shall describe all of the following:
(i) The order in which preferences are implemented.
(ii) Any weighting associated with the preferences.
(6) Outline any admission limitations under section 1723-A of the Charter School Law including for a particular grade level, a targeted population group composed of at-risk students, or areas of concentration of the school such as mathematics, science, or the arts.
(d) A cyber charter school shall include in the annual report submitted under section 17-1743-A(f) of the Charter School Law and shall, at least annually, publish on its publicly accessible web site the following data elements:
(1) Number of total applicants to the cyber charter school for the most recent school year.
(2) Number of qualified applicants as determined by the cyber charter school for the most recent school year.
(3) Number of students offered enrollment by the cyber charter school for the most recent school year.
(4) Number of students enrolled by the cyber charter school for the most recent school year.
BOARDS OF TRUSTEES § 713.6. Requirements for Boards of Trustees.
(a) Each member of a board of trustees of a charter school entity is a public official subject to 65 Pa.C.S. §§ 1101—1113 (relating to Public Official and Employee Ethics Act).
(b) In accordance with 65 Pa.C.S. § 1104 (relating to statement of financial interests required to be filed), each member of a board of trustees of a charter school entity shall file a statement of financial interest for the preceding calendar year with the board of trustees of the charter school entity, the State Ethics Commission, and each authorizer of the charter school entity. The member shall file the statement of financial interest no later than May 1 of each year the member holds the position and no later than May 1 of the year after a member leaves the position. If the member was appointed or selected after May 1, the member shall file a statement of financial interest in accordance with this section within 30 days of appointment or selection.
(c) No member of a board of trustees of a charter school entity may participate in the selection, award, or administration of any contract in violation of 65 Pa.C.S. § 1103 (relating to restricted activities) or if the member has a conflict of interest as that term is defined in 65 Pa.C.S. § 1102 (relating to definitions).
(d) A member of a board of trustees of a charter school entity 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 shall abstain from voting and follow the procedures required under 65 Pa.C.S. § 1103(j).
(e) A member of a board of trustees of a charter school entity or family member of a member of a board of trustees of a charter school entity 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 charter school entity if such action is a conflict of interest as defined in 65 Pa.C.S. § 1102.
(f) A member of a board of trustees of a charter school entity who violates any provision of 65 Pa.C.S. §§ 1101—1113 shall be subject to the penalties imposed under the jurisdiction of the State Ethics Commission.
FISCAL AND AUDITING STANDARDS § 713.7. Fiscal management and audit requirements.
(a) Under section 1729-A of the Charter School Law, a charter school entity shall adhere to generally accepted standards of fiscal management and audit requirements.
(b) A charter school entity may satisfy the requirement in subsection (a) by meeting the following requirements:
(1) The financial statements of a charter school entity shall be prepared in accordance with Generally Accepted Accounting Principles as applied to governmental units and as established by the Governmental Accounting Standards Board.
(2) A charter school entity shall obtain an independent annual financial audit that follows Generally Accepted Government Auditing Standards, as issued by the Comptroller General of the United States, and Generally Accepted Auditing Standards, as issued by the American Institute of Certified Public Accountants.
(c) The following items shall be addressed in all audits completed under this section:
(1) A review of the charter school entity's enrollment records to demonstrate support for the invoices submitted to students' school districts of residence.
(2) A review of the fees charged by any educational management service provider with which the charter school entity has a contract, if applicable.
(3) A review of whether the charter school entity has the required number of certified staff.
(4) A review of the percentage of payroll the charter school entity contributed to employee retirement programs.
(5) A review of the charter school entity's financial expenditures to ensure compliance with the charter school entity's own financial policies.
REDIRECTION PROCESS § 713.8. Redirection process.
(a) Under section 1725-A(a)(5) of the Charter School Law, a charter school entity shall submit its payment request to the school district no later than 10 days before the 5th of each month to permit a school district time to make payment.
(b) A school district fails to make a payment under section 1725-A(a)(5) of the Charter School Law when the school district does not make payment to the charter school entity by the 5th of the month.
(c) If a school district fails to make a payment under subsection (b), a charter school entity may submit a request to the Secretary seeking to have the estimated amount withheld from State payments that will be made to the school district.
(d) A charter school entity that submits a request under subsection (c) shall submit the request on a form created by the Department. The form shall include all of the following information:
(1) For each student for which the charter school entity is seeking payment:
(i) PAsecureID.
(ii) Home address.
(iii) School district of residence.
(iv) Date of birth.
(v) Grade in which the student is enrolled at the charter school entity.
(vi) Date enrollment notification form was sent to school district of residence.
(vii) First day educated by the charter school.
(viii) Last day educated by the charter school, if applicable.
(ix) Special education status, if applicable.
(x) Date of current Individualized Education Plan (IEP), if applicable.
(xi) Date of prior IEP, if applicable.
(2) The source of the tuition rate used by the charter school entity in its withholding request to the Department.
(e) For the months from July through May, requests under this section must be submitted to the Department between the 15th and 25th of each month.
(f) Requests to the Secretary under this section may not include tuition for the month after the month in which the request was submitted.
(g) Requests under this section must be signed by the chief executive officer or other authorized individual of the charter school entity certifying that the estimated amounts requested are true and correct, and that a request was first made to the school district of residence, subject to penalties of unsworn falsifications to authorities under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
SCHOOL STAFF § 713.9. Health care benefits.
(a) Under section 1724-A of the Charter School Law, a charter school shall meet the statutory requirement to provide its employees with the same health care benefits as they would be provided if they were an employee of the local school district. To implement this requirement and demonstrate that health care benefits provided by the charter school are meaningfully similar to those offered by the local school district, the charter school shall do one of the following:
(1) Provide health care coverage that:
(i) Provides benefits in each of the categories of benefits as described in section 1302(b) of the Patient Protection and Affordable Care Act (42 U.S.C.A. § 18022(b)) with substantially equivalent cost-sharing structure and plan type (such as preferred provider organization, exclusive provider organization or health maintenance organization) as the most-selected health care plan available to the employees of the charter school's authorizer.
(ii) Is funded by the charter school in an amount not less than the contribution provided by the charter school's authorizer for the most-selected health care plan available to the employees of the charter school's authorizer.
(2) Contribute to a tax-advantaged account which the employee may use to pay for the purchase of health care coverage, as permitted by Federal law, in an amount not less than the contribution provided by the charter school's authorizer for the (or, if more than one, the most-selected) health care plan available to the employees of the charter school's authorizer.
(b) Under section 1724-A of the Charter School Law (24 P.S. § 17-1724-A), a regional charter school or a cyber charter school shall provide its employees with the same health care benefits as they would be provided if they were employees of the local school district. To implement this requirement, and demonstrate that health care benefits provided by the regional charter school or cyber charter school are meaningfully similar to those offered by the local school district, the regional charter school or cyber charter school shall do one of the following:
(1) Provide health care coverage that:
(i) Provides benefits in each of the categories of benefits as described in section 1302(b) of the Patient Protection and Affordable Care Act, with substantially equivalent cost-sharing structure and plan type (such as preferred provider organization, exclusive provider organization, or health maintenance organization) as the most-selected health care plan available to employees of the school district within which the regional charter school's or cyber charter school's administrative office is located.
(ii) Is funded by the regional charter school or cyber charter school in an amount not less than the contribution provided by the school district within which the regional charter school's or cyber charter school's administrative office is located for the most-selected health care plan available to that school district's employees.
(2) Contributes to a tax-advantaged account which the employee may use to pay for the purchase of health care coverage, as permitted by Federal law, in an amount not less than the contribution provided by the school district in which the regional charter school's or cyber charter school's administrative office is located for the most-selected health care plan available to that school district's employees.
(c) Charter schools, regional charter schools or cyber charter schools shall present health care benefit plan enrollment options to employees, including a comparison of what they would have been offered if they were employees of the local school district, at each enrollment period.
(d) The comparison required by subsection (c) shall include the following statement:
''UNDER PENNSYLVANIA LAW, CHARTER SCHOOLS, REGIONAL CHARTER SCHOOLS, AND CYBER CHARTER SCHOOLS ARE REQUIRED TO PROVIDE THE SAME HEALTH CARE BENEFITS TO THEIR EMPLOYEES AS THEY WOULD BE PROVIDED IF THEY WERE EMPLOYEES OF THE LOCAL DISTRICT. IF YOU BELIEVE THE PLAN OPTIONS MADE AVAILABLE TO YOU ARE NOT COMPARABLE TO THOSE OFFERED BY YOUR LOCAL DISTRICT, YOU MAY FILE A COMPLAINT WITH THE AUTHORIZER OR AUTHORIZERS OF THE CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, OR CYBER CHARTER SCHOOL.''
(e) The authorizer of the charter school, regional charter school or cyber charter school may review the health care benefits policies of the charter school, regional charter school or cyber charter school.
[Pa.B. Doc. No. 21-1571. Filed for public inspection September 17, 2021, 9:00 a.m.]
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