Section 20-2011-B - School participation in program.(a)Election.-- (1) By February 15 of each year, a nonpublic school may elect to participate in the opportunity scholarship program for the following school year.(2) By February 15 of each year, a school district may elect to participate in the opportunity scholarship program for the following school year.(b) Notice.-- (1) A school district or nonpublic school that elects to participate under subsection (a) must notify the department of education of the district's or nonpublic school's intent to participate.(2) For a school district, the notice under paragraph (1) must be submitted on a form developed by the department of education and shall specify all of the following: (i) Each school within the school district which the school district intends to make a participating public school.(ii) The amount of tuition and school-related fees attributable to each available seat. The amount under this subparagraph shall not exceed the amount calculated under section 2561.(3) For a nonpublic school, the notice under paragraph (1) must be submitted on a form developed by the department of education and shall specify the amount of tuition and school-related fees attributable to an available seat.(c) Tuition rates.-- (1) No school district of a participating public school or participating nonpublic school may charge a recipient a higher tuition rate or school-related fee than the school district of the participating public school or participating nonpublic school would have charged to a similarly situated student who is not receiving an opportunity scholarship.(2) Notwithstanding the provisions of section 2561, a school district of a participating public school may charge a recipient a tuition rate that is lower than that charged to students who are not recipients of opportunity scholarships.(d)Participating public school criteria.--The following criteria apply to a participating public school: (1) Except as otherwise provided in this article, a school district shall enroll students in a participating public school on a lottery basis from a pool of recipients who meet the application deadline set by the Department of Education until the participating public school fills the school's available seats. The pool may not include a recipient who: (i) Has been expelled or is in the process of being expelled under section 1317.2 , 1318 or 1318.1 and applicable regulations of the State Board of Education.(ii) Has been recruited by the school district or its representatives for athletic purposes.(2) The enrollment of recipients may not place the school district in violation of a valid and binding desegregation order.(3) Priority shall be given to: (i) An existing recipient.(ii) A recipient who is a sibling of a student currently enrolled in the school district.(e) Participating nonpublic school criteria.--The following criteria apply to a participating nonpublic school: (1) The participating nonpublic school may not discriminate on a basis which is illegal under federal or state laws applicable to nonpublic schools.(2) The participating nonpublic school shall comply with section 1521.(3) The participating nonpublic school or its representatives may not recruit a student for athletic purposes.(f) Student rules, policies and procedures.-- (1) Prior to enrollment of a recipient, a school district of a participating public school or a participating nonpublic school shall inform the parent of a recipient of any and all rules, policies and procedures of the participating public school or participating nonpublic school, including any academic policies, disciplinary rules and administrative procedures of the participating public school or participating nonpublic school.(2) Enrollment of a recipient in a participating public school or participating nonpublic school shall constitute acceptance of any rules, policies and procedures of the participating public school or participating nonpublic school.(g)Transportation.-- (1) Transportation of recipients shall be provided under section 1361.(2) Reimbursement shall be as follows: (i) Transportation of a recipient attending a participating public school shall be subject to reimbursement under section 2541.(ii) Transportation of a recipient attending a participating nonpublic school shall be subject to reimbursement under sections 2509.3 and 2541.(h) Construction.--Nothing in this article shall be construed to:(1) Prohibit a participating nonpublic school from limiting admission to a particular grade level, a single gender or areas of concentration of the participating nonpublic school, including mathematics, science and the arts.(2) Authorize the commonwealth or any of its agencies or officers or political subdivisions to impose any additional requirements on a participating nonpublic school which are not otherwise authorized under the laws of this commonwealth or to require a participating nonpublic school to enroll a recipient if the participating nonpublic school does not offer appropriate programs or is not structured or equipped with the necessary facilities to meet the special needs of the recipient or does not offer a particular program requested.Amended by P.L. TBD 2020 No. 110, § 2, eff. 1/2/2021.Added by P.L. 716 2016 No. 86, § 13, eff. 7/13/2016.