Cyber Charter Student District of Residence Verification and School Entity Residency Dispute Resolution Process

Annual Verification of a Cyber Charter Student’s School District of Residence

Section 1748-A of the School Code establishes annual residency verification requirements for students enrolled in Pennsylvania cyber charter schools. Each year cyber charter schools must:

Between July 1 and September 15, notify the parent or guardian of each currently enrolled student that continued proof of residency must be provided to the cyber charter school and provide the parent or guardian with the PDE-developed Cyber Charter School Residency Verification Form (PDF) and instructions for submission;
Collect the completed form and proof of residency from the parent or guardian by September 30; and
Submit the completed form and proof of residency to each student's respective school district of residence by October 15.

In addition to completing the Cyber Charter School Residency Verification Form (PDF), a parent or guardian must provide a document containing their name and address, on any of the following:

A current deed;
A mortgage statement no more than three months old;
An active residential lease agreement;
A utility bill no more than three months old;
An internet bill no more than three months old;
A credit card bill no more than three months old;
A bank statement no more than three months old;
A tax bill no more than three months old;
An insurance document no more than three months old; or
A piece of mail sent in the past three months by the federal or state government such as benefits information, voter registration, or tax documents.

Students identified as homeless under the McKinney-Vento Homeless Assistance Act are not required to provide a home address or annual proof of residency.

Submission of a Charter School Enrollment Form (PDF) and proof of residency at the time of initial enrollment satisfies the annual residency notification requirement for that school year. (24 P.S. § 17-1748-A(a))

Cyber charter schools may only use the notification forms developed by PDE. All forms are fillable PDFs and may be signed electronically.

If a school district does not agree that a student is a resident of the school district or determines at any time that a student is not a resident of the district, the district may utilize the steps outlined below (see When a Residency Dispute Arises below).

When a Parent/Guardian Does Not Provide Proof of District Residency

If the parent or guardian of a returning cyber charter student does not submit the completed form and proof of residency by November 15, the cyber charter school may submit the PDE-developed Cyber Charter School Alternate Notification Form (PDF) to the school district of residence. (24 P.S. § 1748-A(a)(1.6))

This submission to the school district must include:

The completed Cyber Charter School Alternate Notification Form (PDF), which identifies the school district of residence that the cyber charter school bill in the prior school year for the student;
Any additional proof of the student’s school district of residence; and
No less than five forms of evidence showing attempts by the cyber charter school to contact the parent or guardian to submit the notification form and proof of district residence, including at least one attempt by certified mail.

When a Residency Dispute Arises

If a school district does not agree that a student is a resident of the school district or determines at any time that a student is not a resident of the district, log into the Integrated Monitoring System (IMS) to add a new dispute in the Cyber Charter Residency Dispute application. A separate dispute must be filed for each individual student whose residency is being disputed.

When a school district files a residency dispute, the Chief School Administrator of the cyber charter school in which the student is enrolled, and any additional contacts added to the IMS application, will be notified via email and it will appear in the IMS system. Upon receipt of the notification, the cyber charter school shall, within 10 days, review and respond. This includes indicating whether you agree or disagree with the dispute and, if you disagree, uploading supporting evidence.

If the cyber charter school disagreed with the school district’s dispute, the school district must review the cyber charter school’s response and submit the district’s response within 10 days.

A school district that has notified the cyber charter school that it does not agree with the cyber charter school's determination shall appeal to the department for a final determination.

Appeals to the Department are governed by Pennsylvania’s General Rules of Administrative Practice and Procedure (GRAPP), which are published in Title 1 of the Pennsylvania Code at Chapters 31, 33 and 35.

To file an appeal, a school district must submit a petition to the Department pursuant to GRAPP. Pursuant to 1 Pa. Code, Chapter 35, the appeal must be served upon the relevant cyber charter school and must in writing, state clearly and concisely the grounds of interest of the petitioner in the subject matter, the facts relied upon and the relief sought and shall cite by appropriate reference the statutory provision or other authority relied upon for relief. A school district’s appeal should be directed to the Secretary of Education at:

Pennsylvania Department of Education
Office of the Secretary
607 South Drive, 3rd Floor
Harrisburg, PA 17120-0600

Email: RA-EDCyberResidency@pa.gov

The Department’s determination shall be subject to review by the Commonwealth Court.

School districts are encouraged to consult their solicitors related to the filing of an appeal.

Status During the Review

While the residency review is ongoing, instruction of the student must continue uninterrupted, and the purported school district of residence must continue to make payments to the cyber charter school.

Recordkeeping Requirements

Cyber charter schools should retain documentation related to residency in accordance with their established record retention policies.