Pennsylvania

Pennsylvania law does not place any caps on charter school growth. However, some school districts have chosen to place a moratorium on new schools and issue enrollment caps.

Pennsylvania law allows new start-ups and public school conversions.

Pennsylvania law provides the following potential authorizers: local school boards, two or more local school boards for regional charters, and the state department of education for virtual charter schools. It provides that applications denied by local school boards can be appealed to a state appeals board. If approved by the state appeals board, the law requires the chair of the state appeals board to sign the written charter if the local school board still refuses to grant the charter.

Pennsylvania law includes a small number of the model law's provisions for authorizer and overall program accountability.While the law does not require the legislature and governor to regularly review the performance of the state department of education as an authorizer, they can do so at any time. In addition, the ability of the state department of education to continue authorizing can be removed by the legislature and governor (the entities that gave it that authority).

Pennsylvania law does not include any of the model law's provisions for adequate authorizer funding.

Pennsylvania law contains detailed application requirements for all schools. It also contains additional application elements specific to conversion schools.
While no provisions are noted for those using educational service providers, state case law (School District of the City of York v. Lincoln-Edison Charter Schools, 772 A.2d 1045 (Pa. Cmith 2001)) requires a fully executed management agreement to be submitted with an application if the charter school is going to use a management company.

While the law does not require authorizers to issue a request for proposals, statute does list general criteria which local school board authorizers must consider in reviewing charter school applications, including level of support from teachers, parents, and others, the capability of the applicant to provide comprehensive learning experiences, the extent to which the application considers items required in law, and the extent to which the charter school may serve as a model for other public schools. The statutory list of criteria for the state department of education to consider when reviewing virtual charter school applications is similar, but notes that they must consider the extent to which the programs in the application will enable students to meet state academic standards and assessments.

Statute requires a public hearing during the application process, but not an in-person interview.

Statute specifies that all decisions regarding charter applications must be made in open meetings, with written notice sent to the applicant, state department of education, and state appeals board including any reasons for denial and a description of deficiencies.

Pennsylvania law requires a “written charter” as signed by the authorizer and the board of trustees of the charter school, with such written charter incorporating the school’s application.
Statute is clear that the written charter must contain the provisions of the application as to what the charter school is to do, but does not require that the written charter also include the responsibilities of the authorizer. Statute also only generally mentions the need for “performance standards set forth in the written charter” within the revocation section instead of requiring that the written charter define academic and operational performance expectations by which the school will be judged based on a performance framework.

Pennsylvania law provides that initial charters can be no less than three years and not more than five years.

The law requires charter schools to participate in the state assessment system and submit annual reports to their local school board and the state secretary of education using a form prescribed by the secretary for charter schools. It requires authorizers to annually review such assessment data and other performance indicators to ensure compliance with academic standards and assessment. Pennsylvania law requires authorizers to annually assess whether each charter school is meeting the goals of its charter and conduct a comprehensive review prior to granting a five-year renewal.

The law requires charter schools to complete an annual financial audit. It also requires charter schools to submit an annual financial report detailing revenues and expenditures.

The law specifies that authorizers have ongoing access to the records and facilities of their charter schools to ensure compliance.

Statute does not formally address renewal applications, but does mention charter schools “seeking renewal” and a comprehensive review at the time of renewal. There are no requirements for authorizers to issue performance reports or renewal applications or guidance.
Pennsylvania law offers general guidelines for renewal decisions, whereby authorizers are to conduct a comprehensive review prior to granting a five-year renewal. It provides that they can non-renew or terminate a charter for material violations of the statute or the charter as well as failure to meet state requirements for student performance or any performance standard set forth in the charter.

In most districts, the law provides for five-year renewals. It also allows authorizers that are school districts of the first class (Philadelphia) to sign one-year renewal contracts if adequate data does not exist to warrant a full five-year renewal.

The law requires authorizers to provide notice of revocation or nonrenewal that states the grounds for such action with reasonable specificity and hold a public hearing regarding the issues. At such hearing, it requires the authorizer to present evidence supporting the revocation or nonrenewal and give the charter school reasonable opportunity to offer testimony before taking action in a public meeting. The law allows charter schools to appeal a non-renewal or revocation decision to the state appeals board, which can order the local school board to rescind its revocation or nonrenewal decision.

Although authorizers are not required to have closure protocols, statute contains detailed school closure processes which must be followed in the case of nonrenewal or termination of a charter school.

Pennsylvania law includes a small number of provisions regarding educational service providers. While there are no explicit statutes requiring that authorizers review and approve educational service provider arrangements and that charter school boards be independent of educational service providers, charter school governing boards contract with educational service providers in practice and case law exists which requires a fully executed management agreement to be submitted with an application if the charter school is going to use a management company.
The law's only conflict of interest provision states that an administrator in a school cannot receive compensation from a company that provides management or other services to another charter school. In addition, statute makes it clear that any administrator and trustee are public officials and subject to ethics standards and financial disclosure.

State board polices regarding cyber charter schools state that the boards of such schools may contract with an ESP, but must maintain ultimate control of the cyber charter school.

Pennsylvania law requires that all applicants for employment in public and private schools, employees of independent contractors seeking business with public and private schools, and student teacher candidates undergo background checks if they will have direct contact with students.

Pennsylvania law provides that charter schools must be organized as public nonprofit corporations with statutory authority as a body corporate to, for example, sue and be sued and acquire property and with trustees of a charter school being public officials.
Pennsylvania law provides that charter school boards of trustees have authority over budgetary and employee issues, although statute provides that every charter school employee must be provided the same health care benefits as employees of the local district.

Statute notes that no member of a local governing board may serve on the board of trustees of a charter school in that district.

Pennsylvania law requires charter schools to be open to all students in the state, but requires them to give first preference to students who reside in the sponsoring school district or districts. The law states that a charter school shall not unlawfully discriminate in admissions, hiring or operation.
Pennsylvania law requires charter schools to select students on a random basis if more students apply than are slots available.

Pennsylvania law allows charter schools to give preference to siblings of students presently enrolled in the school. It also allows charter schools to give preference to a child whose parent was an active participant in the development of the school.

Pennsylvania law requires charter schools to conform to the same laws and regulations as school districts with some exceptions.
Pennsylvania law allows up to 25% of a charter school’s teachers to be non-certified.

Collective bargaining is required for non-charter public school teachers in Pennsylvania and must cover wages, pension and retirement benefits, hours, terms and conditions of employment, leave, layoffs, and grievance procedures. It may also address insurance or fringe benefits, prep periods, length of the school year, class load or size, extracurricular duties, management rights, transfers and reassignment, and dismissal. No items are explicitly excluded from bargaining.Pennsylvania law provides that a charter school’s teachers may work independently or bargain collectively (but not as part of the school district’s collective bargaining unit).
Prior to the Supreme Court’s ruling in Janus v. AFSCME, Pennsylvania allowed mandatory agency fees. The Supreme Court decision renders that state law unconstitutional. No reactive laws have been enacted.
In Pennsylvania, employers may directly certify an exclusive representative for its employees. The state labor relations board may intercede upon the request of a labor organization, employer, or group of employees, and has significant discretion in how to certify the exclusive representative. A secret ballot election can be requested by the labor organization or the state labor relations board, in which case it must take place within 20 days of the petition. The certification lasts for at least one year.

Pennsylvania law requires that each charter school have its own separate charter contract and its own board of trustees and therefore prohibits these arrangements.

Pennsylvania law provides that no district can deny the participation of charter school students in extra-curricular activities if such students can fulfill participation requirements and the charter school does not offer those activities. It also requires charter applications to detail any agreement with local districts regarding a student’s participation in extra-curricular activities.

Pennsylvania law provides that charter schools are considered an LEA for the purposes of special education and that per-pupil special education funds flow from the LEA of residence to the charter school based on the district’s average per-pupil expenditure per special education student the prior year.
Pennsylvania law provides that federal funds for categorical programs go directly to the charter schools, although there are still some categorical grants structured only for school district eligibility (not LEA eligibility).

Pennsylvania law allows charter schools to request the intermediate unit to assist in providing special-needs services at a cost no more than that charged for school district students. It also provides a contingency fund to which charter schools and schools districts can apply for exceptional circumstances funding.

Pennsylvania law provides that relevant funding is to follow students based on the average school district per-pupil budgeted expenditure of the previous year, not including any capital or debt service expenditures. For regional charter schools and nonresident students, the law provides that funds must come from the school district of a student’s residence. In practice, the amount received is not necessarily equitable, depending upon the calculations of the district.
Pennsylvania law provides that state subsidy funds flow through the district to the school via 12 equal monthly payments, with the state secretary of education able to automatically divert funds to charter schools from districts not paying on time (although there are no penalties for districts that delay such payments).

Pennsylvania law provides that federal funds for categorical programs go directly to the charter schools, although there are still some categorical grants structured only for school district eligibility (not LEA eligibility).

Pennsylvania law provides that districts must provide transportation to resident students enrolled in a charter school located within 10 miles outside district boundaries or enrolled in a regional charter school of which their school district is a part. The law also provides that if a school district does not provide the required transportation, the state department of education is authorized to deduct the expenses from the school district and pay it to the charter.
In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Expands, 2014), Pennsylvania charter schools were receiving on average $12,175 per pupil in public funds, while traditional public schools would have received $17,989 for those students. As a result, the state's charter schools were receiving $5,814 per pupil - or 32.3% - less than what the traditional public schools would have received for those students. This figure includes all sources of funding, and analysis reveals significant continued inequities for both operational and capital funding (see component #19 for information on capital issues).

Pennsylvania law provides that the state department of education must calculate an approved reimbursable rental charge for leases of buildings or portions of buildings for charter school use which have been approved by the state secretary of education on or after July 1, 2001. It provides that this charge is the lesser of the annual rent payable under the provision of the approved lease agreement or the product of the enrollment times $160 for elementary schools, $220 for secondary schools, or $270 for area vocational-technical schools. However, these figures are discounted to 50% or the market value aid ratio, whichever is higher.
Pennsylvania law allows the state secretary of education to allocate grants for planning and startup funding to eligible applicants. The amount of a planning grant may vary depending on the size and scope of the planning needed by the applicant. A grant for startup funding may vary depending on the size and special characteristics of the charter school. A startup grant may be used to meet the expenses of the charter school. The state is not currently providing funding to this program.
Pennsylvania law allows charter schools to apply for tax-exempt financing through the State Public School Building Authority, but its bond intercept law does not include charter schools (which would enhance credit ratings for charter schools).

Pennsylvania law provides that charter school facilities are exempt from public school facility regulations except those pertaining to the health or safety of the pupils.
The law states that all school property, real and personal, owned by any charter school, cyber charter school or an associated nonprofit foundation, or owned by a nonprofit corporation or nonprofit foundation and leased to a charter school, cyber charter school or associated nonprofit foundation at or below fair market value, that is occupied and used by any charter school or cyber charter school for public school, recreation or any other purposes provided for by this act, shall be made exempt from every kind of State, county, city, borough, township or other real estate tax.

Pennsylvania law provides that all charter school employees must participate in the state retirement systems unless at the time of application, the charter school has a retirement program that covers the employees or the employee is currently enrolled in another retirement program.

Pennsylvania law includes a small number of the model law’s provisions regarding full-time virtual charter schools.
The law provides that cyber charter schools may only be authorized by the state department of education.

The law states that a charter school may establish reasonable criteria to evaluate prospective students, which shall be outlined in the school's charter.

Law requires applications for virtual charters to describe a number of additional elements specific to virtual learning, including the monitoring of attendance, provision of student and special education services, and assessment of student learning.