PRINTER'S NO. 3196
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2370
Session of
2024
INTRODUCED BY STURLA, SCHWEYER, ISAACSON, McCLINTON, BRADFORD,
HARRIS, D. MILLER, T. DAVIS, SCHLOSSBERG, KRUEGER, BIZZARRO,
DONAHUE, SANCHEZ, HILL-EVANS, McNEILL, DELLOSO, GIRAL, SMITH-
WADE-EL, FIEDLER, PROBST, KHAN, TAKAC, OTTEN, ABNEY, FREEMAN,
ROZZI, CEPHAS, DAWKINS, KENYATTA, SOLOMON, SHUSTERMAN, BOYD,
HOHENSTEIN, RABB, HADDOCK, HANBIDGE, YOUNG, FLEMING, PARKER,
BULLOCK, PASHINSKI, PROKOPIAK, POWELL, KINSEY, KRAJEWSKI,
N. NELSON, FRIEL, CIRESI, BOROWSKI, CEPEDA-FREYTIZ, PIELLI,
NEILSON, DALEY, CONKLIN, CERRATO, O'MARA, HOWARD, KAZEEM,
BURGOS, WAXMAN, CURRY, MERSKI, KIM, SIEGEL, SAMUELSON,
BRIGGS, HARKINS, GUENST AND KINKEAD, JUNE 3, 2024
REFERRED TO COMMITTEE ON EDUCATION, JUNE 3, 2024
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," in preliminary provisions, providing
6 for advertising and sponsorships; in charter schools, further
7 providing for definitions, for charter school requirements
8 and for funding for charter schools, providing for funding
9 for cyber charter schools, for cyber charter school
10 requirements, for powers and composition of board of trustees
11 and for educational management service providers, further
12 providing for powers and duties of department and for
13 assessment and evaluation, providing for annual reports and
14 public reporting and for fund balance limits, further
15 providing for cyber charter school requirements and
16 prohibitions and for school district and intermediate unit
17 responsibilities, providing for access to other schools'
18 facilities, further providing for establishment of cyber
19 charter school, providing for renewals, for charter
20 amendments and for causes for nonrenewal, revocation or
21 termination, further providing for State Charter School
22 Appeal Board review, for cyber charter school application and
23 for enrollment and notification, providing for enrollment
24 parameters and for enrollee wellness checks and further
25 providing for applicability of other provisions of this act
 1 and of other acts and regulations; and, in reimbursements by
2 Commonwealth and between school districts, further providing
3 for student-weighted basic education funding, providing for
4 adequacy and tax equity supplements and for accountability to
5 Commonwealth taxpayers and further providing for Pennsylvania
6 accountability grants.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding a
11 section to read:
12 Section 134. Advertising and Sponsorships.--(a) A paid
13 media advertisement by a public school entity that refers to the
14 cost of tuition, technology, transportation or other expenses
15 shall not advertise those expenses as free, and any reference to
16 tuition, technology, transportation or other expenses must
17 indicate that the cost is covered by taxpayer dollars.
18 (b) A public school entity shall be prohibited from paying
19 for or utilizing any other form of consideration to sponsor a
20 public event.
21 (c) No later than August 1, 2025, each public school entity
22 shall report to the Department of Education the entity's total
23 expenditures for paid media advertisements and sponsorships of
24 public events for the 2023-2024 school year. The department
25 shall compile the results of the reporting and make the results
26 available on the Department of Education's publicly accessible
27 Internet website by December 1, 2025.
28 (d) As used in this section, the following words and phrases
29 shall have the meanings given to them in this subsection unless
30 the context clearly indicates otherwise:
31 "Paid media advertisement." The term includes a television,
32 radio, newspaper, magazine or movie theater advertisement,
33 billboard, bus poster or Internet-based or other commercial
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 1 method that may promote enrollment in a public school entity.
2 "Public event." An activity, event or gathering that members
3 of the public may attend, has been publicly announced or
4 publicized in advance and for which an admission fee or cost may
5 be required. The term includes concerts, performances, sporting
6 events, fairs, festivals, parades, performances and other
7 exhibitions. The term shall not include school-sponsored
8 activities as defined in section 1318.1(j).
9 "Public school entity." A public school district, charter
10 school entity as defined in section 1703-A, intermediate unit or
11 area career and technical school.
12 Section 2. Section 1703-A introductory paragraph and the
13 definitions of "appeal board," "chief executive officer" and
14 "school district of residence" of the act are amended and the
15 section is amended by adding definitions to read:
16 Section 1703-A. Definitions.--[As used in this article,] The
17 following words and phrases when used in this article shall have
18 the meanings given to them in this section unless the context
19 clearly indicates otherwise:
20 "Administrator" shall include the chief administrator of a
21 charter school entity and all other employes of a charter school
22 entity who by virtue of their positions exercise management or
23 operational oversight responsibilities.
24 * * *
25 "Appeal board" shall mean the State Charter School Appeal
26 Board established [by this article] under section 1721-A.
27 * * *
28 "Charter school entity" shall mean a charter school, regional
29 charter school, cyber charter school or multiple charter school
30 organization.
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 1 "Charter school foundation" shall mean a nonprofit
2 organization qualified as federally tax exempt under 26 U.S.C. §
3 501(c)(3) (relating to exemption from tax on corporations,
4 certain trusts, etc.), that provides funding or resources or
5 otherwise serves to support a charter school entity.
6 "Chief [executive officer] administrator" shall mean an
7 individual appointed by the board of trustees to oversee and
8 manage the operation of [the] a charter school entity, but who
9 shall not be deemed a professional staff member under this
10 article.
11 "Compensation" shall include money or other remuneration
12 received from a charter school entity.
13 * * *
14 "Educational management service provider" shall mean a
15 nonprofit or for-profit charter management organization,
16 education management organization, school design provider,
17 business manager or any other entity or individual that enters
18 into a contract or agreement with a charter school entity to
19 provide instructional, curricular or educational design,
20 administrative or business services, comprehensive management or
21 personnel functions or to implement the charter. The term shall
22 include the subsidiaries or subcontractors of an individual or
23 entity. The term shall not include a charter school foundation.
24 "Eligible applicant" shall mean a student who is seeking to
25 enter a grade level offered by the charter school entity and
26 meets the requirements of 22 Pa. Code §§ 11.12 (relating to
27 school age), 11.13 (relating to compulsory school age), 11.14
28 (relating to admission to kindergarten when provided), 11.15
29 (relating to admission of beginners), 11.16 (relating to early
30 admission of beginners) and 12.1 (relating to free education and
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 1 attendance) and student residency requirements.
2 "Emergency" shall mean a manmade or natural disaster. The
3 term includes a fire, a flood, an environmental hazard, damage
4 to a school building or other circumstance that impacts or could
5 impact the health or safety of students or staff or renders all
6 or part of a charter school facility unfit for use or
7 occupation.
8 "Family member" shall mean a parent, stepparent, child,
9 stepchild, spouse, domestic partner, brother, sister,
10 stepbrother, stepsister, grandparent, grandchild, parent-in-law,
11 brother-in-law, sister-in-law, aunt, uncle, or first cousin.
12 * * *
13 "Multiple charter school organization" shall mean a public,
14 nonprofit corporation under the oversight of a single board of
15 trustees and a chief administrator that operates two (2) or more
16 charter schools under section 1729.1-A.
17 "Nonrelated" shall mean an individual who is not a family
18 member.
19 "Public hearing" shall mean a meeting held pursuant to 65
20 Pa.C.S. Ch. 7 (relating to open meetings) where the contemplated
21 action is considered and opportunities for the public to comment
22 on the contemplated action are provided during the meeting.
23 * * *
24 "School district of residence" shall mean the school district
25 in this Commonwealth in which [the parents or guardians of a
26 child reside.] a child resides as determined under section 1302
27 and 22 Pa. Code § 11.11(a)(1) (relating to entitlement of
28 resident children to attend public schools).
29 * * *
30 Section 2.1. Section 1715-A(12) of the act is amended to
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 1 read:
2 Section 1715-A. Charter School Requirements.--Charter
3 schools shall be required to comply with the following
4 provisions:
5 * * *
6 (12) A person who serves as an administrator for a charter
7 school shall not receive compensation from another charter
8 school or from a company that provides management or other
9 services to another charter school. The term "administrator"
10 shall include the chief [executive officer] administrator of a
11 charter school and all other employes of a charter school who by
12 virtue of their positions exercise management or operational
13 oversight responsibilities. A person who serves as an
14 administrator for a charter school shall be a public official
15 under 65 Pa.C.S. Ch. 11 (relating to ethics standards and
16 financial disclosure). A violation of this clause shall
17 constitute a violation of 65 Pa.C.S. § 1103(a) (relating to
18 restricted activities), and the violator shall be subject to the
19 penalties imposed under the jurisdiction of the State Ethics
20 Commission.
21 Section 3. Section 1725-A(a) introductory paragraph of the
22 act is amended to read:
23 Section 1725-A. Funding for Charter Schools.--(a) [Funding]
24 Except as provided in section 1725.1-A, funding for a charter
25 school shall be provided in the following manner:
26 * * *
27 Section 4. The act is amended by adding sections to read:
28 Section 1725.1-A. Funding for Cyber Charter Schools.--(a)
29 Notwithstanding section 1725-A(a)(2) and (3), per-student
30 funding amounts for students attending a cyber charter school
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 1 shall be calculated in accordance with this section.
2 (b) A cyber charter school may not charge tuition for a
3 student attending a cyber charter school. Beginning in the 2024-
4 2025 school year, a cyber charter school shall be paid by a
5 student's school district of residence using the Statewide Cyber
6 Charter School Tuition Rate, or the rate calculated under
7 section 1725-A(a)(2), whichever is lower.
8 (c) For the 2024-2025, 2025-2026 and 2026-2027 school years,
9 for non-special education students, a cyber charter school shall
10 receive for each student enrolled eight thousand dollars
11 ($8,000). This amount shall be the Statewide Cyber Charter
12 School Tuition Rate.
13 (d) Beginning in the 2027-2028 school year and every three
14 (3) years thereafter, the Statewide Cyber Charter School Tuition
15 Rate shall be adjusted by the average annual percentage change
16 in real estate tax collection for all school districts for the
17 most recent three (3) year period as reported on the annual
18 financial report submitted in accordance with section 218. If
19 the average change is less than zero (0), there shall be no
20 change in the Statewide Cyber Charter School Tuition Rate.
21 (e) On or before April 30, 2027, and by April 30 of each
22 third year thereafter, the department shall calculate and post
23 on its publicly accessible Internet website the Statewide Cyber
24 Charter School Tuition Rate payable by a student's school
25 district of residence under subsection (d) for the next three
26 (3) school years.
27 (f) For special education students, a cyber charter school
28 shall receive the Statewide Cyber Charter School Tuition Rate
29 adjusted as follows:
30 (1) For each special education student enrolled in the cyber
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 1 charter school, multiply the Statewide Cyber Charter School
2 Tuition Rate by one and sixty-four hundredths (1.64).
3 (2) If the cyber charter school determines that the annual
4 expenditure for providing special education specific services
5 and programs to an enrolled student is likely to meet or exceed
6 the amount specified under section 1372(8) for Category 2, the
7 cyber charter school may apply to the department for an increase
8 in the Statewide Cyber Charter School Tuition Rate for the
9 student.
10 (3) If the department determines that the annual expenditure
11 for providing special education specific services and programs
12 to an enrolled student is likely to meet or exceed the amount
13 specified in section 1372(8) for Category 2, the department
14 shall direct the school district to pay the Statewide Cyber
15 Charter School Tuition Rate for the student adjusted as follows:
16 (i) for each special education student enrolled in the cyber
17 charter school for which the annual expenditure is in Category
18 2, multiply the Statewide Cyber Charter School Tuition Rate by
19 three and eight hundredths (3.08); or
20 (ii) for each special education student enrolled in the
21 cyber charter school for which the annual expenditure is in
22 Category 3, multiply the Statewide Cyber Charter School Tuition
23 Rate by six and thirty-four hundredths (6.34). For purposes of
24 this subparagraph, Category 3 shall include students in
25 Categories 3A and 3B under section 1372(8).
26 (g) The per-student amounts required under subsection (f)
27 shall be calculated by the department and posted on its publicly
28 accessible Internet website and shall be paid by the school
29 district of residence of each student.
30 (h) In accordance with guidelines developed by the
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 1 department, to be eligible to receive funding for special
2 education students under subsection (f)(2) and (3), the cyber
3 charter school shall provide the department with appropriate
4 documentation on the likely annual expenditure for providing an
5 education to the student.
6 (i) The weights provided under subsection (f) shall be
7 updated whenever the weights under section 2509.5(bbb)(2) for
8 the respective categories are adjusted for school districts.
9 (j) The calculation made under subsection (f) may not result
10 in a payment that exceeds the maximum amount within the
11 category's dollar range and the calculation under subsection (f)
12 (3)(ii) may not result in a payment that exceeds the actual
13 annual expenditure of providing an education to the student. If
14 the actual annual expenditure of providing special education
15 specific services and programs to a student in Category 3 is
16 less than the amount the cyber charter school received for the
17 student, the cyber charter school shall return to the school
18 district of residence any overage the cyber charter school
19 received for the student no later than August 1 of each year.
20 Section 1740-A. Cyber charter school requirements.
21 (a) General rule.--Cyber charter schools shall be required
22 to comply with the following provisions:
23 (1) Except as otherwise provided in this article, a
24 cyber charter school is exempt from statutory requirements
25 established in this act, from regulations of the State board
26 and the standards of the secretary not specifically
27 applicable to cyber charter schools. Cyber charter schools
28 are not exempt from statutes applicable to public schools
29 other than this act.
30 (2) A cyber charter school shall be accountable to the
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 1 parents, guardians, families, the public, the department and
2 the Commonwealth, with the delineation of that accountability
3 reflected in the charter. Strategies for meaningful parent,
4 guardian, family and community involvement shall be developed
5 and implemented by each cyber charter school.
6 (3) A cyber charter school shall not unlawfully
7 discriminate in admissions, hiring or operation.<