24 Pa. Stat. § 17-1746-A

Current through P.A. Acts 2023-32
Section 17-1746-A - State Charter School Appeal Board review
(a) Jurisdiction.--The appeal board shall have the exclusive review of an appeal by a cyber charter school applicant or by the board of trustees of a cyber charter school on the decisions of the department, including:
(1) The denial of an application for a charter.
(2) The denial of a renewal of a charter.
(3) The revocation of a charter.
(4) An appeal under section 1745-A(h) .
(b) Procedure.--The appeal board shall:
(1) Review the decision made by the department under subsection (a) on the record as certified by the department. The secretary shall recuse himself from all cyber charter school appeals and shall not participate in a hearing, deliberation or vote on a cyber charter school appeal. The appeal board may allow the department, the cyber charter school applicant or the board of trustees of a cyber charter school to supplement the record if the supplemental information was previously unavailable.
(2) Meet to officially review the certified record no later than 30 days after the date of filing the appeal.
(3) Issue a written decision affirming or denying the appeal no later than 60 days following its review.
(4) In the case of a decision by the department to deny a cyber charter application, make its decision based on section 1745-A(f)(1). A decision by the appeal board to reverse the decision of the department and grant a charter shall serve as a requirement for the secretary to sign the written charter of the cyber charter school.
(5) In the case of a decision by the department to revoke or deny renewal of a cyber school charter in accordance with section 1741-A(a)(3) , make its decision based onsection 1729-A(a) . A decision of the appeal board to reverse the decision of the department to not revoke or deny renewal of a charter shall serve as a requirement of the department to not revoke or to not deny renewal of the charter of the cyber charter school.
(c) Stay.--If the department appeals the decision of the appeal board, the appeal board's decision shall be stayed only upon order of the appeal board, the Commonwealth Court or the Pennsylvania Supreme Court.
(d) Review.--All decisions of the appeal board shall be subject to appellate review by the Commonwealth Court.

24 P.S. § 17-1746-A

1949, March 10, P.L. 30, No. 14, art. XVII-A, § 1746-A, added 2002, June 29, P.L. 524, No. 88, § 14, effective 7/1/2002.