PDE Seeks Public Comments on Proposed Charter School Regulations through October 18 (September 30, 2021)

Randy Seely, Chief of PDE’s Division of Charter Schools released a PennLink titled Accepting Public Comments on Proposed Charter School Regulations through October 18.

On September 18, 2021, PDE’s proposal to add Chapter 713 (regulations relating to charter schools and cyber charter schools) to Title 22 of the Pennsylvania Code was published in the PA Bulletin, initiating a 30-day public comment period.

All local education agencies are encouraged to view the proposed regulation and to submit comments to PDE. Public comments may be submitted during a 30-day window beginning September 18 through October 18. The proposed regulations clarify six areas of Pennsylvania’s Charter School Law:

Charter school applications requirement: Establishes requirements for applications to open a charter school, allowing school districts authorizing brick and mortar charter schools and PDE authorizing cyber charter schools to hold the schools to high academic, fiscal and administrative standards; ensures charter schools will equitably serve all students; and provides consistent application expectations.

Non-discriminatory enrollment policies: Requires charter schools to post their non-discrimination enrollment policy on their website and in the student application so families and taxpayers know how admission preferences are considered and weighted.

Boards of Trustees ethics standards: Clarifies that charter school trustees are subject to the state’s Public Official and Employee Ethics Act, addresses conflicts of interest, and sets penalties for violations. The same requirements already apply to school districts.

Financial and auditing standards: Requires charter schools to use common accounting principles and auditing standards as school districts already do. This will make reviewing annual reports and financial records easier for school districts and PDE.

Redirection process clarification: Outlines the process to reconcile disputes over school district payments to charter schools for student tuition.

Charter school employee health care benefits parity: Ensures charter school staff have adequate health care. The charter school law requires charter schools provide the same health care benefits as the authorizing school district. The regulation clarifies that when a charter school serves more than one school district, the school district in which the charter school’s administrative office is located is the district of comparison.

Public comments can be submitted in two ways: Emailed to [email protected] or mailed to: Division of Charter Schools, Department of Education, 333 Market Street, Harrisburg, PA 17126.

As required by state law, all comments submitted on the proposed regulation will be shared with the House and Senate Education Committees and the Independent Regulatory Review Commission (IRRC) to assist in their review of the regulation. (Please note that IRRC posts all comments on its website exactly as they are submitted and does not remove or redact any information, including name, address, email, phone numbers, etc.).

Questions about the regulation should be sent to [email protected].