Section 17-1729.1-A - Multiple charter school organizations.(a) Establishment shall be as follows: (1) Subject to the requirements of this section and 15 Pa.C.S. Pt. II Subpt. C (relating to nonprofit corporations), two (2) or more charter schools may consolidate into a multiple charter school organization if both of the following apply:(i) The department approves the consolidation as proposed in the application form submitted to the department pursuant to subsection (c). If the department does not approve or disapprove the proposed consolidation within forty-five (45) days after receipt of the application, the department will be deemed to have approved the consolidation. (ii) Each school district that granted the initial charter of any charter school included in the proposed consolidation approves, by a majority vote of the local board of school directors, a resolution approving the consolidation as proposed in the application submitted to the local board of school directors pursuant to subsection (c). If a local board of school directors does not adopt a resolution under this clause approving or rejecting the proposed consolidation within forty-five (45) days after receipt of the application, the school district will be deemed to have approved the consolidation.(2) The multiple charter school organization shall be:(i) Granted legal authority to operate two (2) or more individual charter schools under the oversight of a single board of trustees and a chief administrator who shall oversee and manage the operation of the individual charter schools under its organization; and(ii) Subject to all of the requirements of this article unless otherwise provided for under this section.(3) Nothing under this section shall be construed to affect or change the terms or conditions of any individual charter previously granted that is consolidated under this section , including, but not limited to, any obligation of a school district to provide transportation for students enrolled in an individual charter school within a multiple charter school organization.(b)(1) A charter school that, within either of the most recent two (2) school years, has failed to meet any of the following shall not be eligible to consolidate with another charter school: (i) Requirements for student performance set forth in 22 Pa. Code Ch. 4 (relating to academic standards and assessment). (ii) Accepted standards of fiscal management or audit requirements.(iii) A school performance profile score that is among the top twenty-fifth percentile of Pennsylvania charter schools as measured by the school performance profile for the most recent year for which a school performance profile score is available.(2) A charter school that has failed to meet any of the requirements of paragraph (1) may consolidate if the consolidation includes a charter school demonstrating that it has satisfied such requirements for the most recent two (2) school years. (c) Within ninety (90) days of the effective date of this section, the department shall develop and issue a standard application form that multiple charter school organization applicants must submit to the department and to the local board of school directors of each school district that granted the initial charter of any charter school included in the proposed consolidation. The application form shall contain the following information:(1) The name of the multiple charter school organization.(2) The names of the charter schools seeking consolidation under this section.(3) A copy of the approved charter of each charter school seeking to consolidate under this section.(4) An organizational chart clearly presenting the proposed governance structure of the multiple charter school organization, including lines of authority and reporting between the board of trustees, chief administrator, administrators, staff and any educational management service provider that will play a role in providing management services to the charter schools under its jurisdiction.(5) A clear description of the roles and responsibilities for the board of trustees, chief administrator, administrators and any other entities, including a charter school foundation, shown in the organizational chart.(6) A clear description of the method for the appointment or election of members of the board of trustees.(7) Standards for board of trustees performance, including compliance with all applicable laws, regulations and terms of the charter.(8) Enrollment procedures for each individual charter school included in its charter.(9) Any other information as deemed necessary by the department.(d) A multiple charter school organization may: (1) Participate in the assessment system in the same manner in which a school district participates, with its individual charter schools participating in the assessment system in the same manner as individual schools within school districts. All data gathered for purposes of evaluation shall be gathered in the same manner in which data is gathered in the case of school districts and individual schools within school districts. Nothing in this paragraph shall alter the manner in which charter school performance on assessments is measured as required under the Every Student Succeeds Act (Public Law 114-95, 129 Stat. 1802), or its successor Federal statute.(2) Add existing charter schools to its organization by obtaining the approval of the department and of the local board of school directors that granted the initial charter of each charter school proposed to be added under sub section (a)(1).(3) Allow students enrolled in an individual charter school to matriculate to another individual charter school under its oversight so as to complete a course of instruction in an educational institution from kindergarten through grade twelve or otherwise in the best interests of the student.(e) A multiple charter school organization shall be regarded as the holder of the charter of each individual charter school under its oversight and each previously or subsequently awarded charter shall be subject to nonrenewal or revocation by the local board of school directors that granted the initial charter in accordance with this act. The nonrenewal or revocation of the charter of an individual charter school under the oversight of a multiple charter school organization shall not affect the status of a charter awarded for any other individual charter school under the oversight of the multiple charter school organization.(f) Appeals shall be as follows: (1) The appeal board shall have the exclusive review of an appeal by an applicant for consolidation, with respect to the rejection of a proposed consolidation by either the department or a school district.(2) In considering an appeal under this section , the appeal board shall:(i) Review the decision made by either the department or the school district on the record as certified by the entity that made the decision being appealed, provided that the appeal board may allow the department, a school district or the applicant for consolidation to supplement the record if the supplemental information was previously unavailable.(ii) Meet to officially review the certified record no later than thirty (30) days after the date of filing the appeal.(iii) Issue a written decision affirming or denying the appeal no later than sixty (60) days following its review of the certified record.(iv) Make its decision based on whether the proposed consolidation satisfies the requirements of subsection s (b) and (c).(3) The secretary shall recuse himself from all appeals of decisions by the department and shall not participate in a hearing, deliberation or vote on any appeal of a decision made by the department.(4) All decisions of the appeal board shall be subject to appellate review by the Commonwealth Court. In the event of an appeal of a decision by the appeal board to the Commonwealth Court, the decision of the appeal board shall be stayed only upon order of the appeal board, the Commonwealth Court or the Pennsylvania Supreme Court.(g) For purposes of this section, the term "charter school" shall include a regional charter school.Added by P.L. TBD 2017 No. 55, § 10, eff. 11/6/2017.