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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Charter schools shall be required to comply with the following provisions:
(1) Except as otherwise provided in this article, a charter school is exempt from statutory requirements established in this act, from regulations of the State board and the standards of the secretary not specifically applicable to charter schools. Charter schools are not exempt from statutes applicable to public schools other than this act.
(2) A charter school 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 shall not unlawfully discriminate in admissions, hiring or operation.
(4) A charter school shall be nonsectarian in all operations.
(5) A charter school shall not provide any religious instruction, nor shall it display religious objects and symbols on the premises of the charter school.
(6) A charter school shall not advocate unlawful behavior.
(7) A charter school shall only be subject to the laws and regulations as provided for in section 1732-A, 1 or as otherwise provided for in this article.
(8) A charter school 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, in the manner in which the school district in which the charter school is located is scheduled to participate.
(9) A charter school 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 shall be subject to the following statutory requirements governing construction projects and construction-related work:
(i) The following provisions of this act:
(A) Sections 751 and 751.1. 2
(B) Sections 756 and 757 3 insofar as they are consistent with the act of December 20, 1967 (P.L. 869, No. 385), 4 known as the “Public Works Contractors' Bond Law of 1967.”
(ii) Section 1 of the act of May 1, 1913 (P.L. 155, No. 104), 5 entitled “An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings.”
(iii) The act of August 11, 1961 (P.L. 987, No. 442), 6 known as the “Pennsylvania Prevailing Wage Act.”
(iv) The “Public Works Contractors' Bond Law of 1967.”
(v) The act of March 3, 1978 (P.L. 6, No. 3), 7 known as the “Steel Products Procurement Act.”
(11) Trustees of a charter school entity are public officials for the purposes of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) and shall file a statement of financial interests for the preceding calendar year with the State Ethics Commission and either the local board of school directors in the case of a charter school or regional charter school, or the department in the case of a cyber charter school, not later than May 1 of each year that members hold the position and of the year after a member leaves the position. All members of the board of trustees of a charter school entity must be residents of this Commonwealth and shall take the oath of office as required under section 321 8 before entering upon the duties of their office.
(12) Deleted by 2024, July 11, P.L. 618, No. 55, § 21, imd. effective.
(b) An individual who serves as an administrator for a charter school entity is a public employe for the purposes of 65 Pa.C.S. Ch. 11 and shall file a statement of financial interests for the preceding calendar year with the board of trustees not later than May 1 of each year that the individual holds the position and of the year after the individual no longer holds the position.
(c)(1) No individual who serves as an administrator for a charter school entity may receive compensation from another charter school entity or an educational management service provider, unless:
(i) The administrator has submitted a sworn statement to the board of trustees of the charter school entity and the sworn statement details the work for the other entity and includes the projected number of hours, rate of compensation and projected duration.
(ii) The board of trustees of the charter school entity reviews the sworn statement under subparagraph (i) and agrees by resolution to grant permission to the administrator.
(2) A copy of the sworn statement under paragraph (1)(i) and the resolution by the board of trustees granting the permission under paragraph (1)(ii) shall be provided to, and kept on file with, the charter school entity and the local board of school directors or, in the case of a cyber charter school, the department.
(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.
(4)(i) An administrator of a charter school entity may not participate in the selection, award or administration of a contract if the administrator has a conflict of interest as that term is defined in 65 Pa.C.S. § 1102 (relating to definitions).
(ii) An administrator who knowingly violates this paragraph commits a violation of 65 Pa.C.S. § 1103(a) (relating to restricted activities) and shall be subject to the penalties imposed under the jurisdiction of the State Ethics Commission.
(iii) A contract made in violation of this paragraph shall be voidable by the board of trustees of the charter school entity.
(5) An administrator shall be immediately dismissed upon conviction for an offense graded as a felony, an infamous crime, an offense pertaining to fraud, theft or mismanagement of public funds or any crime involving moral turpitude.
(d) As used in this section, the term “charter school entity” means a charter school, regional charter school or cyber charter school.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 24 P.S. Education § 17-1715-A. Charter school requirements - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-24-ps-education/pa-st-sect-24-17-1715-a/
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