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Pennsylvania Statutes Title 24 P.S. Education § 17-1716-A. Powers of board of trustees

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) The board of trustees of a charter school entity may decide matters related to the operation of the school, including, but not limited to, budgeting, curriculum and operating procedures, subject to the school's charter. The board may employ, discharge and contract with necessary professional and nonprofessional employes subject to the school's charter and the provisions of this article.

(b) A member of a local board of school directors of a school entity may not serve on the board of trustees of a charter school entity that is located in the member's district.

(b.1) For a charter school or regional charter school chartered after the effective date of this subsection,  1 an individual may not serve as a voting member of the board of trustees of the charter school or regional charter school if the individual or a family member receives compensation from or is employed by or is a member of the local board of school directors who participated in the initial review, approval, oversight, evaluation or renewal process of the charter school or regional charter school chartered by the board.

(b.2)(1) A member of the board of trustees of a charter school entity may not participate in the selection, award or administration of a contract if the member has a conflict of interest as that term is defined in 65 Pa.C.S. § 1102 (relating to definitions).

(2) A member of the board of trustees of a charter school entity who, in the discharge of the person's official duties, would be required to vote on a matter resulting in a conflict of interest must abstain from voting and follow the procedures required under 65 Pa.C.S. § 1103(j) (relating to restricted activities).

(3) A member of the board of trustees of a charter school entity who knowingly violates this subsection commits a violation of 65 Pa.C.S. § 1103(a) and shall be subject to the penalties imposed under the jurisdiction of the State Ethics Commission.

(4) A contract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within ninety (90) days of the discovery of the violation.

(5) No member of the board of trustees of a charter school entity shall be compensated for duties on the board of trustees.

(b.3) A member of the board of trustees of a charter school entity shall be automatically disqualified and immediately removed from the board of trustees upon conviction for an offense graded as a felony, an infamous crime, an offense pertaining to fraud, theft or mismanagement of public funds, any offense pertaining to the member's official capacity as a member of the board of trustees or any crime involving moral turpitude.

(c) The board of trustees shall comply with the act of July 3, 1986 (P.L. 388, No. 84),  2 known as the “Sunshine Act.”

(d) The following shall apply:

(1)(i) The board of trustees of a charter school entity shall consist of a minimum of five (5) nonrelated voting members.

(ii) If a charter school entity has fewer than five (5) nonrelated voting members serving on its board of trustees on the effective date of this paragraph  3 the charter school entity shall, within one hundred eighty (180) days, appoint additional members to the board of trustees to meet the minimum requirements of this section.

(2) Within one (1) year of the effective date of this paragraph,  4 at least one member of the board of trustees of a charter school entity shall be a parent of a child currently attending the charter school entity. The board of trustees member provided for under this paragraph shall be eligible to serve only so long as the child attends the charter school entity. This paragraph shall not apply to a charter school that primarily serves adjudicated youth.

(e) The following shall apply:

(1) A majority of the voting members of the board of trustees shall constitute a quorum. If less than a majority is present at any meeting, no business may be transacted at the meeting.

(2) The affirmative vote of a majority of all the voting members of the board of trustees, duly recorded, shall be required in order to take official action on the subjects enumerated under subsection (a).

(f) A charter school entity shall form an independent audit committee of its board of trustees members which shall review at the close of each fiscal year a complete certified audit of the operations of the charter school entity. The audit shall be conducted by a qualified independent certified public accountant. The audit shall be conducted under generally accepted audit standards of the Governmental Accounting Standards Board and shall include the following:

(1) An enrollment test to verify the accuracy of student enrollment and reporting to the Commonwealth.

(2) Full review of expense reimbursements for board of trustees members and administrators, including sampling of all reimbursements.

(3) Review of internal controls, including review of receipts and disbursements.

(4) Review of annual Federal and State tax filings, including the Internal Revenue Service Form 990, Return of Organization Exempt from Income Tax and all related schedules and appendices for the charter school entity and charter school foundation, if applicable.

(5) Review of the financial statements of any charter school foundation.

(6) Review of the selection and acceptance process of all contracts publicly bid pursuant to section 751.  5

(7) Review of all board policies and procedures with regard to internal controls, code of ethics, conflicts of interest, whistle-blower protections, complaints from parents or the public, compliance with 65 Pa.C.S. Ch. 7 (relating to open meetings), finances, budgeting, audits, public bidding and bonding.

(g) The certified audit under subsection (f) and the annual budget under subsection (i) are public documents and shall be made available on the charter school entity's publicly accessible Internet website, if available, and, in the case of a charter school or regional charter school, on the school district's publicly accessible Internet website.

(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.

(i) A charter school entity shall annually provide the department and, in the case of a charter school or regional charter school, shall annually provide the school district with a copy of the annual budget for the operation of the charter school entity that identifies the following:

(1) The source of funding for all expenditures.

(2) Where funding is provided by a charter school foundation, the amount of funds and a description of the use of the funds.

(3) The salaries of all administrators of the charter school entity.

(4) All expenditures to an educational management service provider.

(j) The following shall apply:

(1) Notwithstanding any other provision of law, a charter school entity and any affiliated charter school foundation shall make copies of its annual Federal and State tax filings available upon request and on the charter school entity's or charter school foundation's publicly accessible Internet website, if available, including the Internal Revenue Service Form 990, Return of Organization Exempt from Income Tax and all related schedules and appendices.

(2) The charter school foundation shall also make copies of its annual budget available upon request and on the charter school foundation's or the charter school entity's publicly accessible Internet website within thirty (30) days of the close of the charter school foundation's fiscal year.

(3) The annual budget shall include the salaries of all employes of the charter school foundation.

(k) As used in this section, the term “charter school entity” means a charter school, regional charter school or cyber charter school.

1 Subsec. (b.1) added by 2024, July 11, P.L. 618, No. 55, § 21, imd. effective.
2 65 P.S. § 271 et seq.
3 Subsec. (d)(1)(ii) added by 2024, July 11, P.L. 618, No. 55, § 21, imd. effective.
4 Subsec. (d)(2) added by 2024, July 11, P.L. 618, No. 55, § 21, imd. effective.
5 24 P.S. § 7-751.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 24 P.S. Education § 17-1716-A. Powers of board of trustees - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-24-ps-education/pa-st-sect-24-17-1716-a/

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