Purpose
This Basic Education Circular (BEC) provides a general overview of Pennsylvania's Charter School Law (CSL), 24 P.S. §§ 17-1701-A – 17-1751-A, as it relates to cyber charter schools and serves as a guide for cyber charter schools, school districts, parents, students, and other interested individuals on the authorization and establishment, operation, oversight, and closure of a cyber charter schools.
Many of the provisions in this BEC refer the reader to the Charter Schools BEC (24 P.S. §§ 17-1701-A – 17-1732-A), as the guidance is the same for both cyber charter schools and brick-and-mortar charter schools. When reading the Charter School BEC in the context of cyber charter schools, the Pennsylvania Department of Education (PDE or the Department)—and not the chartering school district—is the entity responsible for the authorization and oversight of cyber charter schools. This includes decisions related to the approval, renewal, or nonrenewal/revocation of a cyber charter school's charter, as explained in more detail below.
The Department's Charter Schools webpage includes a listing of cyber charter schools currently approved to operate in Pennsylvania.
Cyber Charter Application Process
General Information
A cyber charter school is an independent public school that is organized as a public nonprofit corporation. A cyber charter school is established and operated under a charter granted by PDE, has its own independent board of trustees, and uses technology to deliver a significant portion of its curriculum and instruction to its students through the Internet or other electronic means. Enrollment in a cyber charter school is open to all resident students of the commonwealth.
A cyber charter school may be established by an individual; one or more teachers who will teach at the proposed cyber charter school; parents or guardians of students who will enroll in the cyber charter school; a nonsectarian college, university, or museum located in this commonwealth; a nonsectarian corporation not-for-profit; a corporation, association, or partnership; or any combination of the foregoing. A cyber charter school cannot be the subsidiary of another entity, or in any way connected with, or under the control of another entity.
Individuals interested in establishing a cyber charter school must submit an application to PDE. The CSL outlines specific requirements and timelines that must be adhered to throughout the application process. More information on the cyber charter school application process, including the cyber charter application all applicants should use as its submission to PDE and relevant timelines, can be found on PDE's website.
Evaluation of Application
Charter schools, including cyber charter schools, are intended to provide parents and students with expanded choices within the public school system. Cyber charter schools must be accountable to parents, the public, and the commonwealth, with a delineation of that accountability reflected in each charter. The CSL requires PDE to evaluate a cyber charter school application, whether an initial or revised application, against the following criteria:
- The demonstrated, sustainable support for the cyber charter school plan by teachers, parents or guardians, and students.
- The capability of the cyber charter school applicant, in terms of support and planning, to provide comprehensive learning experiences to students under the charter.
- The extent to which the programs outlined in the application will enable students to meet the academic standards under 22 Pa. Code Chapter 4 (relating to academic standards and assessment) or subsequent regulations promulgated to replace 22 Pa. Code Chapter 4.
- The extent to which the application meets the requirements of sections 1719-A and 1747-A of the CSL.
- The extent to which the cyber charter school may serve as a model for other public schools.
PDE has developed a cyber charter application that cyber charter school applicants must complete in its entirety. The cyber charter school application includes criteria based on the five criteria mentioned above, including, in part, the following points.
Sustainability
A cyber charter school applicant must demonstrate that it has sustainable support by teachers, parents or guardians, students, and other stakeholders to be granted a charter. The Charter School Appeal Board (CAB) has defined sustainable support as "support sufficient to sustain and maintain the proposed charter school as an on-going entity." In re: Ronald H. Brown Charter School, No. CAB 1999-1, p. 18. "The indicia of demonstrated, sustainable support is to be measured in the aggregate and not by the individual categories from which that support is to be measured" and "failure to demonstrate strong support in any one category is not necessarily fatal to a charter school application." Brackbill v. Ron Brown Charter School, 777 A.2d 131, 138 (Pa. Cmwlth. 2001).
There must be sufficient support, however, from more than one of the groups listed above. Sustainable support can be demonstrated by signed petitions of support, letters of support, testimonials of support or in other concrete ways. However, this does not mean that the support must be in the form of enrollments, or pre-enrollments, or personal verbal commitments to sending one's children to the cyber charter school.
Capability to Provide Comprehensive Learning Experiences
A cyber charter school applicant must demonstrate that it can design and deliver comprehensive learning experiences to students, and that the applicant's board of trustees will hold real and substantial authority over the operation of the school, educational decisions, and school staff. This includes, in part: providing a preliminary budget that demonstrates revenue and expenditure estimates that are sufficient and reasonable to demonstrate the applicant's ability, in terms of financial support and planning, to provide comprehensive learning experiences for students; describing how the applicant will provide adequate liability and other appropriate insurance for the proposed school, its employees, and its governing board; and demonstrating long-term organizational viability.
Additionally, a cyber charter school applicant must describe the governance model it proposes to operate, as well as the clearly defined roles of the cyber charter school's Board of Trustees and the management structure of the cyber charter school. A cyber charter school may contract with a for-profit entity for the provision of professional and/or non-professional services to the cyber charter school. However, the cyber charter school's Board of Trustees must maintain ultimate control of the cyber charter school. If a cyber charter school is to be managed by an outside entity, the cyber charter school must provide a finalized management agreement in its cyber charter application, which demonstrates that the charter school's Board of Trustees maintains ultimate control of the cyber charter school. See West Chester Area School District v. Collegium Charter School, 571 Pa. 503, 812 A.2d 1172 (2002); Insight PA Cyber Charter School v. Department of Education, 162 A.3d. 591 (Pa. Cmwlth. 2017), School District of the City of York v. Lincoln-Edison Charter School, 772 A.2d 1045 (Pa. Cmwlth. 2001).
In terms of facilities, the CSL requires a cyber charter applicant to provide, "The addresses of all facilities and offices of the cyber charter school, the ownership thereof and any lease arrangements." In addition, a cyber charter school must maintain an administrative office in the Commonwealth where student records shall be maintained. Therefore, a cyber charter school may have more than one facility or office, but the address and ownership of each must be provided to PDE.
Enable Students to Achieve Academic Standards
A cyber charter school application must address planning for curriculum, instruction, professional development, and other programs to demonstrate that the cyber charter school will enable students to meet academic standards under 22 Pa. Code Chapter 4. Therefore, a cyber charter school application must include, in part:
- Detail as how the cyber charter school applicant will use technology to provide a significant portion of its curriculum and deliver a signification portion of instruction using the Internet or other electronic means; the technology, including types of hardware and software, equipment and other materials which will be provided by the cyber charter school to the student; the technical support that will be available to students and parents or guardians; and the privacy and security measures to ensure the confidentiality of data gathered online.
- A plan that demonstrates preparedness to support students by identifying, supporting, and retaining highly effective educators.
- A plan to demonstrate readiness to serve a wide range of student populations including historically underserved groups such as English Learners and students receiving special education services.
- The curriculum to be offered by the cyber charter school applicant, information as to how the curriculum meets the requirements of 22 Pa. Code Chapter 4 and the cyber charter school applicant's plan for assessing whether students are meeting educational goals.
- Documentation of required instructional time, including a proposed school calendar that sets forth the length of the school day and school year.
- The cyber charter school applicant's policy and criteria for the admission of students.
Meets All Requirements of the CSL
The CSL requires any charter school applicant to meet application standards under section 1719-A, while an application for a cyber charter school must meet an additional 16 standards described at section 1747-A of the CSL. Please refer to the CSL for these requirements.
Model for Other Public Schools
At the heart of the CSL is the idea that cyber charter schools will provide increased learning opportunities for Pennsylvania students while ensuring public accountability around the cyber charter school's efforts to help students meet rigorous academic standards. Therefore, a cyber charter school applicant must demonstrate that the proposed cyber charter school will provide innovative and unique educational opportunities for students beyond what is currently in operation and will serve as a model to other public schools.
Terms and Conditions of a Charter
When authorized, the charter is the legally binding agreement between PDE and the cyber charter school. The CSL does not authorize provisional, temporary, interim, or any other type of charters. The term of an initial charter shall be set by PDE for a period of at least three years, and not more than five years. A charter may be renewed for five-year periods upon reauthorization by PDE or CAB.
Any conditions placed on a cyber charter school through its charter must enable PDE to exercise oversight over the cyber charter school, be consistent with the provisions of the CSL, and be mutually agreed upon. For example, an enrollment cap may be mutually agreed to by the parties as part of the charter.
Applicability of the School Code and School Laws to Cyber Charter Schools
With important exceptions, cyber charter schools may be exempt from requirements of the School Code and other laws that apply to school districts. However, section 1749-A of the CSL explicitly makes cyber charter schools subject to specifically enumerated provisions of the School Code and other provisions of law.
Additionally, certain statutory or regulatory provisions not listed in section 1749-A of the CSL, including, but not limited to, 22 Pa. Code Chapters 4 and 10, by their own terms, also specifically apply to charter schools.
Amendment of a Charter
If a cyber charter school wants to amend its charter, it must provide PDE's Division of Charter Schools with a written proposal outlining the amendment, at least 60 days prior to submission of the amendment, explaining the requested amendment and its purpose. Additional documentation may be requested by PDE, depending on the nature of the amendment. PDE will notify the cyber charter school, in writing, that it approves or disapproves the proposed amendment and its effective date.
A cyber charter school may not unilaterally amend material provisions of its charter, including but not limited to: changing its curriculum, changing its location, or changing its mission and focus.
When a Charter is Denied
When PDE denies a cyber charter school applicant a charter, the applicant may revise and resubmit the denied application or may appeal the denial to the Charter Appeal Board (CAB). A cyber charter school applicant may only revise and resubmit a denied application to PDE one time. Any revised and resubmitted application must be provided to PDE within at least 120 days prior to the originally proposed opening date of the cyber charter school.
Charter School Board of Trustees
Charter Schools BEC, 24 P.S. §S17-1701-A – 17-1732-A.
Oversight
Working Cooperatively
The CSL imposes certain powers and duties upon PDE. Those duties include annually assessing:
- whether a cyber charter school is meeting the goals of its charter;
- whether a cyber charter school is in compliance with its charter and the CSL; and,
- a cyber charter school's performance on the PSSA, Keystone Exams, standardized tests and other performance indicators to ensure compliance with academic standards.
PDE also must conduct a comprehensive review of a cyber charter school prior to granting a five-year renewal of the charter. This review will include, but not be limited to, an examination of specific program areas by PDE.
Cyber charter schools must work cooperatively with PDE to ensure that they are operating in a fiscally responsible manner and providing quality educational services to students. Additionally, cyber charter schools must provide sufficient and accurate information for PDE to fulfill its oversight responsibilities.
Site Visits
PDE will arrange periodic visits to the cyber charter school main offices and/or other educational sites, which may include random parent and student contacts.
As part of the site visit PDE will expect to be provided access to the following information:
- Student performance data (e.g. report cards, attendance records, discipline reports, etc.)
- Professional development plans for staff
- Enrollment records
- Teacher criminal history and child abuse reports
- Direct observation of teachers working with students
- Hardware and software used by the school
- Board of Trustee meeting minutes
- Board approved school calendar
- Fiscal records
- Audit reports
- Lease or purchase agreements for school building/office
- Lease or purchase agreements for student supporting equipment
- Parent, student, and teacher handbooks
- School policies related to student and teacher conduct
- Administrative procedures for parent/student input and complaints
- Student health records and academic files
- Special education student records with IEPs
- Other items as deemed necessary by PDE
- Professional development plans for staff
Annual Reports
All cyber charter schools are required to submit an Annual Report to PDE no later than August 1 of each year. This document is an important tool for evaluation of the cyber charter school. The information collected from the Annual Reports will be used to help make decisions about renewal or non-renewal of the charter. Repeatedly submitting Annual Reports after the due date or providing insufficient information may constitute a material violation of the charter. If a cyber charter school fails to provide an Annual Report by August 1, PDE will provide written notice to the cyber charter school that failure to provide the Annual Report within a reasonable amount of time may result in the initiation of revocation proceedings.
Records Access
Cyber charter schools are required to provide PDE access to records, instructional materials, and student and staff records. This includes providing PDE with necessary protocols for on-line access to web pages that students and parents would see and to the cyber charter school's internal administrative links. The cyber charter school must allow site visits and provide specifically requested reports within a reasonable period of time to ensure that the cyber charter school is in compliance with its charter, the law, and requirements related to, among other things, student health and safety. Failure to provide requested on-line access and reports to PDE may result in the initiation of revocation proceedings.
Ongoing reasonable access to a charter school's records means that PDE shall have access to records including, but not limited to, financial reports, financial audits, aggregate standardized test scores, and teacher certification and personnel records. Cyber charter schools and PDE shall fully comply with the requirements of the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations, 34 CFR Part 99, when dealing with student records, including attendance records.
A cyber charter school must have safeguard protocols in place to guard against unauthorized access to student electronic records and must immediately report to PDE when any data breach occurs.
Facilities Access
Cyber charter school offices and education centers shall be available for PDE to visit any time the school is in operation and interacting with students. Refusal of a cyber charter school to allow PDE access to any facility may result in the initiation of revocation proceedings.
For more on access to records and facilities, review the Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Parent/Guardian Complaint Procedure
PDE is responsible for the intake, investigation and resolution of complaints concerning students enrolled in cyber charter schools. When possible, the complaint should be in writing and sent to the Division of Charter Schools. After receiving the complaint, PDE will determine if it merits referral to an existing complaint procedure (e.g., special education, professional employee misconduct).
If the complaint cannot be referred under existing procedures, then the redacted, written complaint (or paraphrased oral complaint), will be forwarded to the cyber charter school for a response. The cyber charter school will have 10 business days to issue a written response. After receipt of the cyber charter school response, PDE will determine if the complaint is resolved, or if further investigation is required.
Accountability
Cyber charter schools are subject to the same statewide assessment system and federal and state accountability standards as brick-and-mortar charter schools and schools within school districts. Cyber charter schools must administer the English Language Arts and Math Pennsylvania System of School Assessment (PSSAs) to every enrolled student in grades 3 through 8 and the Science PSSA to every student in grades 4 and 8. Additionally, the Keystone Exams, which are end-of-course assessments designed to assess proficiency in the subject areas of Literature, Algebra I, and Biology, must be administered when the student completes the related course or in 11th grade, whichever occurs first.
Pursuant to the Every Student Succeeds Act (ESSA), cyber charter schools will be identified for Comprehensive Support and Improvement, Additional Targeted Support and Improvement, and Targeted Support and Improvement based upon the specific federal accountability measures outlined in Pennsylvania's Consolidated State Plan. Further, cyber charter schools are included in the Future Ready PA Index, which provides comprehensive information about school success, including how schools are performing and making progress on multiple academic and nonacademic indicators.
Renewals or Closure of Cyber Charter School
Renewal Procedures
A cyber charter school seeking renewal of its charter must complete a renewal application through the Future Ready Comprehensive Planning Portal (FRCPP) and submit it to PDE between July 1 and October 1 of the final year of its current charter. PDE will begin the renewal process by reviewing the renewal application and previously submitted Annual Reports.
During its review of the renewal application and the Annual Reports, PDE may determine that it needs additional information from the cyber renewal applicant or that corrections are needed in certain areas in order for PDE to renew the charter. In such cases, PDE will notify the applicant as soon as possible about the needed information or corrections and provide a time period by which such information or corrections should be submitted to PDE. PDE will then make a timely decision regarding the renewal or non-renewal of the charter.
Ground for Revocation, Nonrenewal, and Closure
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Immediate Revocation
In cases where the health or safety of a charter school's pupils, staff or both is at serious risk, PDE may take immediate action to revoke the charter and the charter will not remain in effect following disposition by the chartering school district.
PDE also has the authority to immediately revoke the charter of a cyber charter school if:
- a material component of the student's education as required by the CSL is not being provided; or
- the cyber charter school has failed to maintain the financial ability to provide services required by the CSL.
Revocation or Closure
Immediately upon revocation of the charter or decision to close the cyber charter school, the Board of Trustees shall, by Board resolution, authorize the person who will be responsible for concluding the affairs of the cyber charter school and provide to the Division of Charter Schools a copy of this Board resolution and the name, address, phone number, fax number and email address of this person.
Attendance Issues
Enrollment
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
A cyber charter school shall report to the Department an increase or a decrease of 30% or more in its anticipated enrollment set forth in its application to establish the cyber charter school or renew the charter. A cyber charter school may not unilaterally impose an enrollment parameter or cap. Any cap must be mutually agreed upon by the school and PDE.
Residency
The CSL defines a student's school district of residence as the school district within the commonwealth in which the parents or guardians of a child reside. Section 1302 of the School Code, which is applicable to cyber charter schools, provides that a child shall be considered a resident of the school district in which his or her parent(s) or guardian resides. 24 P.S. §13-1302(a).
In interpreting section 1302 of the School Code, the Pennsylvania Supreme Court defined residence as "a factual place of abode evidenced by a person's physical presence in a particular place." In Re: Residence Hearing Before the Board of School Directors, 744 A.2d 1272 (Pa. 2000). Therefore, the school district of residence of a student attending a cyber charter school is the school district in the commonwealth where the student's parents or guardians have a factual place of abode evidenced by their physical presence at that particular place.
Review 22 Pa. Code §11.11 if parents reside in different school districts due to separation, divorce or other reasons.
Kindergarten
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Compulsory Attendance
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A and Compulsory School Attendance, Unlawful Absences, and School Attendance Improvement Conferences BEC
Students Institutionalized from a Charter School
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Expelled or Suspended Students
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Assisting Students with Educational Instability
Act 1 of 2022 - Assisting Students Experiencing Education Instability BEC
Certification of Cyber Charter School Teachers
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Charter Schools and Career and Technical Education
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Discipline
Weapons Possession
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Discipline Policies
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Dual Credit Agreements
Cyber charter schools are required to enter into an agreement with at least one institution of higher education approved to operate in the Commonwealth in order to allow students to attend the institution of higher education while the students are enrolled in the cyber charter school.
Dual Credit Agreements between School Entities and Institutions of Higher Education BEC
Evaluation of Cyber Charter School Employees
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Extracurricular Activities
Students who are enrolled in a cyber charter school are eligible to participate in a school district of residence sponsored extracurricular activity if the student is able to fulfill the requirements of participation and the cyber charter school does not provide the same extracurricular activity.
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
Facilities
For more detailed information on the use of cyber charter school facilities, review the Cyber Charter School Operations and Proper Use of Physical Facilities BEC.
Questions and Answers Cyber Charter Schools and the Use of Physical Facilities
The resident school district and/or IU must provide the cyber charter school with reasonable access to the school district and/or IU facilities for the administration of standardized assessments required by the CSL and ESSA.
Health Care Benefits
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
The "local district" referenced in section 1724-A of the CSL shall be determined as the location of the cyber charter school's administrative office.
Master Agreement and Major Grant Programs
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
School Health Services
Cyber Charter Schools must provide health services to all students as described under School Health Services, Article XIV of the School Code.
Special Education
Charter Schools BEC, 24 P.S. §§ 17-1701-A – 17-1732-A
The CSL requires that, upon request, assistance must be provided to charter schools and cyber charter schools to address the needs of students with disabilities. Because there has been confusion about what "assistance" the CSL requires to be provided to students with disabilities enrolled in a charter school or a cyber charter school, PDE's position on this issue is as follows:
The CSL requires the Intermediate Unit ("IU") in which a charter school is located to provide the charter school, upon request, with "services to assist the charter school to address the specific needs of exceptional students." However, for cyber charter schools, the CSL requires that upon request, the IU or school district in which a student resides must "provide assistance, to the cyber charter school in the delivery of services to a student with disabilities." In either case, an IU or school district may not charge a charter school or a cyber charter school more for such services than they charge a school district.
The Department's interpretation of the "assistance" required by the CSL is that an IU or a school district is generally not required to provide direct services to charter school or cyber charter school students with disabilities. However, at a minimum and upon request, assistance must be provided to help a charter school or a cyber charter school locate providers who could provide services necessary to address the needs of their students with disabilities. This would include providing the names of providers, contact information, etc.
The goal of all segments of the educational community should be to ensure that all students receive appropriate educational services. Thus, the Department expects and encourages school districts, IUs, and cyber charter schools to work together to ensure that appropriate educational services are provided to all students with disabilities.
Transportation
Cyber charter school students should not attend a specific facility to receive their educational services, therefore, the CSL does not require that a student's school district of residence provide transportation for cyber charter school students. Should transportation be required as a related service in the IEP of a student with disabilities, who is enrolled in a cyber charter school, the cyber charter school must provide the required transportation.
References
Purdon's Statues
24 P.S. §17-1701-A to §17-1751-A
Other
- West Chester Area School District v. Collegium Charter School, 571 Pa. 503, 812 A.2d 1172 (2002)
- In Re: Residence Hearing Before the Board of School Directors, 744 A.2d 1272 (Pa. 2000)
- Insight PA Cyber Charter School v. Department of Education, 162 A.3d. 591 (Pa. Cmwlth. 2017)
- School District of the City of York v. Lincoln-Edison Charter School, 772 A.2d 1045 (Pa. Cmwlth. 2001)
- Brackbill v. Ron Brown Charter School, 777 A.2d 131 (Pa. Cmwlth. 2001)
- In re: Ronald H. Brown Charter School, No. CAB 1999-1
Bureau/Office Contact:
Division of Charter Schools
Pennsylvania Department of Education
Forum Building
607 South Drive
Harrisburg, PA 17120
Phone: 717-787-9744 | Fax: 717-787-7222
RA-charterschools@pa.gov