Basic Education Circulars (BECs)

Cyber Charter Schools

24 P.S. §§ 17-1741-A – 17-1749-A

Date of Issue: September 1, 2006

Last Reviewed: October 27, 2026

Last Revised: October 27, 2026

Purpose

This Basic Education Circular (BEC) provides a general overview of the provisions in the Public School Code that relate specifically 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 school.

The Pennsylvania Department of Education (PDE or Department) Charter Schools webpage includes a listing of cyber charter schools currently approved to operate in Pennsylvania.

Some provisions of the law apply to both cyber charter schools and brick-and-mortar charter schools. When questions arise related to the following topics, cyber charter schools should refer to the Charter Schools BEC:

When reading the Charter Schools BEC in the context of cyber charter schools, PDE, not a school district, is 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 in this document.

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 School Code 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 entities should use as its submission to PDE and relevant timelines, is available on PDE’s website under Charter Schools.

Evaluation of Charter 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.

State law 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 School Code; and
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 State Charter Appeal Board (CAB) has defined sustainable support as sufficient support to sustain and maintain the proposed charter school as an on-going entity. Sustainable support is measured in the aggregate and not by individual categories. See, e.g., Brackbill v. Ron Brown Charter School, 777 A.2d 131 (Pa. Cmwlth. 2001); Carbondale Area School District v. Fell Charter School, 829 A.2d 400, (Pa. Cmwlth. 2003).

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 from parents to send their 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 its proposed governance model, 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 and real and substantial authority over the operation of the school, educational decisions, and staff. 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, e.g., West Chester Area School District v. Collegium Charter School, 812 A.2d 1172 (Pa. 2002); Insight PA Cyber Charter School v. Department of Education, 162 A.3d. 591 (Pa. Cmwlth. 2017).

In terms of facilities, the law 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. 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; and
The cyber charter school applicant’s policies and criteria for the admission and enrollment of students.

Meets All Requirements of the CSL

The School Code requires a cyber charter school applicant to meet the charter school application standards under Section 1719-A and an additional 16 standards described in Section 1747-A. Additional information can be found through the Charter Application webpage.

Model for Other Public Schools

At the heart of the Charter School Law in the School Code is the idea that charter schools will provide increased learning opportunities for Pennsylvania students while ensuring public accountability around the 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.

When a Cyber Charter is Denied

When PDE denies a cyber charter school applicant, the applicant may revise and resubmit the denied application or may appeal the denial to 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 Terms and Conditions

When authorized, the charter is the legally binding agreement between PDE and the cyber charter school. State law does not authorize provisional, temporary, interim, or any other type of charter. 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 state law, and be mutually agreed upon. For example, an enrollment parameter may be mutually agreed to by the parties as part of the charter.

Amending 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 grade span (adding or removing grades); curriculum; mission; the educational program or instructional model; governance, management company, or operational structure of the school; or relocation, addition, or expansion of physical facilities, including any purchase, sale or lease of property or land.

Unilaterally amending the terms of a charter may be considered a violation of the Charter School Law and may form the basis of a cause of action for revocation or nonrenewal.

Oversight and Accountability

The School Code imposes certain powers and duties upon PDE related to cyber charter schools. 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 School Code; 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. These specific program areas will include, but will not be limited to assessment and accountability, technology, curriculum, English Language Development, finance, facilities, governance, professional development, safe schools, special education, teacher induction, educator evaluation, Career Readiness Benchmark, and gifted education.

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 their oversight responsibilities.

Site Visits

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.

PDE will arrange periodic visits to the cyber charter school administrative office and/or other educational sites, which may include random parent and student contacts. 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.

As part of any site visit PDE will expect to be provided with access to the following information:

Student data (e.g. report cards, attendance records, discipline reports, wellness check data, weekly benchmark data, etc.);
Student residency verification practices and procedures;
Attendance policies;
Professional development plans for staff;
Enrollment policies and 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 any property owned or leased by the cyber charter school;
Lease or purchase agreements for student supporting equipment;
Parent, student, and teacher handbooks;
Student and teacher conduct policies;
Administrative procedures for parent/student input and complaints;
Student health records and academic files;
Special education student records with individualized education programs (IEPs);
English Learner program (including identification and placement of ELs, Language Instruction Educational Program, and Reclassification, Monitoring, and Redesignation of EL), and
Other items as deemed necessary by PDE.

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 staff.

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, teacher certification and personnel records, attendance records, instructional benchmark completion, and wellness check compliance. 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.

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.

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 at ra-charterschools@pa.gov. After receiving the complaint, PDE will determine if it merits referral to an existing complaint procedure (e.g., special education, educator discipline).

If the complaint cannot be referred to 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 ten 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 as described in the Charter Schools BEC. 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 5 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 grade 11, whichever occurs first.

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 ESSA and the School Code. The cyber charter school must request access to facilities to administer standardized assessments with at least 60 days’ notice.

Pursuant to the federal 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.

Revocation, Nonrenewal, and Closure

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 whether 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.

PDE has the authority to immediately revoke the charter of a cyber charter school:

In cases where the health or safety of a cyber charter school’s pupils, staff or both is at serious risk;
When a material component of the student’s education as required by the School Code is not being provided; and
When the cyber charter school has failed to maintain the financial ability to provide services required by the School Code.

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.

Enrollment and District Residency Verification

A cyber charter school shall report to the Department an increase or a decrease of 30 percent or more in its anticipated enrollment set forth in its application to establish the cyber charter school or renew the charter. Neither PDE nor a cyber charter school may unilaterally impose an enrollment parameter. Any enrollment parameter must be mutually agreed upon by the school and PDE.

Initial Enrollment

For all new enrollees, cyber charter schools must use the Charter School Enrollment Form (PDF) and provide the completed form to the student’s school district of residence within 10 days of the student’s enrollment.

When a student seeks to enroll in a cyber charter school after the start of the school year, prior to enrolling the student, the cyber charter school must obtain attendance and truancy records for the current school year as part of the required enrollment documentation. All other required enrollment documents must also be collected before the student is enrolled. For more information on required enrollment documentation, refer to the Enrollment of Students BEC.

Confirming Habitually Truant Status for Transfers During the School Year

Before enrolling a student during the school year, a cyber charter school must confirm the student is not habitually truant in the current school year. To do this, the cyber charter school must send a written request to the student’s current school asking for the student’s attendance and truancy records for the current school year.

No later than five (5) business days of receiving the written request, the school must provide the cyber charter school with the student's attendance and truancy records for the current school year.

Habitual truancy determination must be based only on attendance records from the current school year. A student who was habitually truant in a prior school year but has not accumulated six or more unexcused absences in the current school year, may transfer to a cyber charter school without an educational best interest hearing.

This requirement applies only to students seeking to transfer to a cyber charter school after the school year has begun. It does not apply to students who enroll during the summer, prior to the first day of school. Additionally, each local education agency sets its own start and end dates for the school year. If a student enrolls in a cyber charter school whose school year begins after the student’s prior school year start date, the student follows the cyber charter school’s calendar. The student does not need to attend the prior school before the cyber charter school’s start date.

Student District of Residence

The School Code 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 their parent(s) or guardian(s) resides.

In interpreting Section 1302, 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. See 22 Pa. Code § 11.11 (relating to the admission to public schools) if parents reside in different school districts due to separation, divorce or other reasons.

Annual Verification of Students’ School District of Residence

Each school 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.

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.

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

When a Parent/Guardian Does Not Provide Proof of 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.

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 billed in the prior school year for the student;
Any additional proof of the student’s school district of residence; and
No less than five (5) forms of evidence showing attempts by the cyber charter school to contact the parent or guardian to submit the notification form and proof of residence, including at least one attempt by certified mail.

When a District 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, the school district may submit a new dispute in the Cyber Charter Residency Dispute application in the Department’s Integrated Monitoring System. This filing must include the basis for the district’s determination of nonresidency. A separate dispute must be filed for each individual student whose residency is being disputed.

Upon receipt of notification of the new dispute, the cyber charter school shall review and respond within 10 days. If the cyber charter school disagrees with the school district’s dispute, it must provide proof of residency as the basis of that determination. Subsequently, 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 may appeal to the department for a final determination.

See Cyber Charter Student District of Residence Verification and School Entity Residency Dispute Resolution Process for more information about how to file an appeal.

Recordkeeping Requirements

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

Notification to Families

Prior to a student's first day in a cyber charter school and annually for all returning students, the cyber charter school shall, either in writing or electronically, provide to the parent or guardian of a student the following:

A list and brief description of the courses of instruction the student will receive. The list shall be updated annually for each grade level which the student is enrolled.
A description of the lessons and activities offered both online and offline.
The manner in which attendance will be reported and student work will be authenticated.
A list of all standardized tests the student will be required to take during the school year and the place where the test will be administered, if available.
The meetings to be held during the school year between a parent or guardian and a teacher and among other school officials or parents or guardians, including wellness review conferences in accordance with section 1748.1-A of School Code, and the manner in which the parent or guardian will be notified of the time and place for the meeting.
The address of the cyber charter school and the name, telephone number and e-mail address of the school administrator and other school personnel.
A list of any extracurricular activities provided by the cyber charter school.
The names of the student's teachers, if available, and the manner in which each teacher can be contacted by the student or the parent or guardian.
A list of all services that will be provided to the student by the cyber charter school.
Copies of policies relating to computer security and privacy, truancy, absences, wellness checks, discipline and withdrawal or expulsion of students.
Information on:
- The cyber charter school's professional staff, including the number of staff personnel, their education level and experience.
- The cyber charter school's performance on the PSSA and other standardized test scores.
Information regarding the proper usage of equipment and materials and the process for returning equipment and materials supplied to the students by the cyber charter school. A parent or guardian shall acknowledge, either in writing or electronically, the receipt of this information.
A description of the school calendar, including, but not limited to, the time frame that will constitute a school year and a school week, holidays and term breaks.
Resources available to assist students and families with maintaining compulsory school attendance while enrolled in the cyber charter school.

Attendance

Attendance Policies

In addition to applicable guidance in the Charter Schools BEC and the Compulsory School Attendance, Unlawful Absences, and School Attendance Improvement Conferences BEC, section 1327.2 of School Code requires that cyber charter schools maintain attendance policies that include procedures for determining when a student has an excused absence, unexcused absence, or is present for synchronous instruction and asynchronous instruction.

Synchronous Instruction

To be present for synchronous instruction, a student must be present and visible to the teacher on camera during each instructional period for each course.

Asynchronous Instruction

To be present for asynchronous instruction, a student must complete weekly benchmarks.

Cyber charter schools must establish weekly benchmarks for students participating in asynchronous instruction and must submit the weekly benchmarks to PDE for approval by June 30 of each year for the following year. The weekly benchmarks must be sufficient to demonstrate a student is making adequate and consistent progress toward completion of each of their courses. If a student does not meet a weekly benchmark, the student shall receive an absence in accordance with the cyber charter school’s attendance policy.

Additional guidance

Additional guidance may be found in the following resources:

Charter Schools BEC provides additional guidance on attendance policies and enrollment and attendance procedures for special student circumstances.
Compulsory School Attendance, Unlawful Absences, and School Attendance Improvement Conferences BEC provides guidance on compulsory school attendance and procedures when students are absent.

Attendance and Benchmark Reporting Requirements

Cyber charter schools shall report all unexcused absences directly to the department annually through the Pennsylvania Information Management System (PIMS).

Additionally, cyber charter schools shall submit information related to the completion of the weekly benchmarks annually through PIMS.

For students who have been found to be truant or habitually truant, cyber charter schools shall report all unexcused absences and information related to the completion of weekly benchmarks to the department monthly through PIMS.

Cyber charter schools are responsible for ensuring the accuracy, completeness, and timeliness of all data submitted to the Department and must comply with applicable reporting guidance and submission procedures.

Cyber charter school administrators or chief administrators may not alter an attendance record taken by a teacher, unless the alteration corrects an error.

Enrollee Wellness Check Requirements

Section 1748.1-A of the School Code requires that cyber charter schools conduct wellness checks for all enrolled students, at least once during any week consisting of at least three full or partial days of academic instruction in order to ensure the well-being of the student and verify participation in the educational program. Cyber charter schools must ensure that each enrolled student is visibly seen and communicated with in real time either in person or via electronic means by a teacher, administrator or other representative of the cyber charter school subject to 23 Pa.C.S. Ch. 63 (relating to child protective services).

This requirement may be satisfied by:

A student turning on a webcam and a teacher, administrator or other representative of the cyber charter school subject to 23 Pa.C.S. Ch. 63 visibly seeing and communicating with the student during synchronous online instruction or other one-on-one or small group synchronous session; or
A student participating in virtual or face-to-face health screenings, standardized testing, advising and tutoring and in-person school-sponsored activities chaperoned by a teacher, administrator or other representative of the cyber charter school subject to 23 Pa.C.S. Ch. 63.

If any indication of abuse, neglect or harm to a child is observed, the cyber charter school administrator, employee or representative shall report the concerns in accordance with 23 Pa.C.S. Ch. 63.

Conditions Under Which a Student May be Excused from a Weekly Wellness Check

Excused Absence. A student may be excused from a weekly wellness check if the student has received an excused absence for the day on which the wellness check was attempted, in accordance with section 1329 of the School Code.

The wellness check shall be conducted on the next school day or on another school day during that same week.
If a student has an excused absence for all school days during a week, the student shall be exempted from a wellness check for that week.

Internet/Power Outage. A student may be excused from a weekly wellness check if the student's household is experiencing a documented internet or power outage during the day and time in which the wellness check was attempted.

The wellness check shall be conducted on the next school day or on another school day during that same week.
The parent or guardian of the student shall provide documentation of the internet or power outage as soon as possible.

If a Student Fails to Complete a Weekly Wellness Check

Within one school day after a student fails to complete the required wellness check, the cyber charter school shall:

Make documented ongoing efforts to complete the required wellness check and contact the student's parent or guardian using at least two different methods of communication; and
Provide written notice to the student's parent or guardian, in their preferred language, that the required wellness check has not been completed.

If the required wellness check is not completed within three school days after the notice is sent, the cyber charter school shall immediately schedule a wellness review conference to occur within one school day.

The conference may be conducted in person or by electronic means and shall be for the purpose of completing the required wellness check through a real time visual interaction with the student, reestablishing communication with the student and the student's parent or guardian and identifying interventions to ensure that the student participates in future wellness checks.
The cyber charter school shall convene the wellness review conference as scheduled, regardless of whether the student or the student's parent or guardian participates.

If a student does not participate in the wellness review conference, the school shall conduct an in-person wellness check within 24 hours of the scheduled conference, regardless of whether that falls on a weekend or holiday.

If the student and parent or guardian is unreachable or unresponsive, the school should consult the school’s Solicitor for guidance and may consider the following:

Coordinating with local law enforcement or child welfare agencies if there are safety or welfare concerns; and/or
Contacting emergency contacts provided by the parent or guardian.

Wellness Check Documentation and Reporting

Each cyber charter school shall submit a wellness check policy to the department for approval no later than March 1 of each year for the following school year. Once approved, each cyber charter school shall post the wellness check policy on its website.

PDE may require proof of compliance from a cyber charter school to ensure the well-being of a student enrolled in the cyber charter school and to verify attendance in the educational program. Cyber charter schools must maintain detailed records for each student enrolled in a given school year. The records should include the dates of each completed wellness check, the dates of each attempted wellness check following a missed session, documentation from the parent/guardian for excused absences or power/internet outages (as applicable), dates of each scheduled wellness review conference (as applicable), dates of each home visit (as applicable), and dates of referral to law enforcement/social services.

Failure to comply may result in PDE taking the following actions:

(1) Requiring the cyber charter school to report to PDE the date, time and method of each wellness check for each student.

(2) Mandating teachers, administrators and staff of the cyber charter school to complete child abuse recognition, prevention and reporting training annually.

(3) Requiring the cyber charter school to meet in person with each student at least once during the school year following the school year in which the cyber charter school is out of compliance with this section.

(4) Prohibiting a cyber charter school from being awarded a State grant by PDE until the cyber charter school demonstrates compliance.

Discipline Policies and Weapons Possession

Each charter school's Board of Trustees must adopt a code of student conduct that includes policies governing student discipline and a listing of students' rights and responsibilities. The charter school's code of conduct shall be published and distributed to students and parents or guardians. Copies of the code of conduct must also be available in the charter school.

Additional guidance may be found in the following resources:

Transportation

The law does not require a student’s school district of residence to provide transportation for cyber charter school students, because cyber charter school students do not attend a specific facility to receive their educational services. 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.

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.

Facilities

Guidance to cyber charter applicants and operators relating to the requirements for delivery of curriculum and instruction to students through the internet and other electronic means and the proper use of a cyber charter school's physical facilities is available in the Cyber Charter School Operations and Proper Use of Physical Facilities BEC.

Career and Technical Education

It is the responsibility of the cyber charter school to decide whether to make a career and technical education curriculum available to a student and, if so, to contract a career and technical school for the provision of these services. A cyber charter school is required to provide the option for career and technical education if such programming is included in a student’s IEP.

See additional guidance in the Career and Technical Education section of the Charter Schools BEC.

Dual Credit Agreements

Section 1525 of the School Code requires cyber charter schools with secondary students 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. See additional guidance in the Dual Credit Agreements between School Entities and Institutions of Higher Education BEC.

Special Education

Cyber charter schools are responsible for providing a free appropriate public education (FAPE) to all enrolled students with disabilities deemed eligible under the Individuals with Disabilities Education Act (IDEA). Charter schools cannot deny admission to students with disabilities.

The Charter School Law states 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 cyber charter school more for such services than they charge a school district.

The Department’s interpretation of the “assistance” required by the Charter School Law is that an IU or a school district is generally not required to provide direct services to cyber charter school students with disabilities. However, at a minimum and upon request, assistance must be provided to help a cyber charter school locate providers that 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.

For additional guidance, please see Special Education.

Gifted Education

Cyber charter schools must provide services and programs planned, developed, and operated for the identification and evaluation of each gifted student.

Cyber charter schools must provide gifted education for each gifted student which is based on the unique needs of the student. This includes gifted education that allows gifted students to participate in acceleration or enrichment programs, or both, as appropriate, and to receive services according to their intellectual and academic abilities and needs.

Cyber charter schools must complete the Chapter 16 gifted plan within the Comprehensive Plan that is submitted every three years.

For additional guidance, please see Gifted Education.

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.

Employment and Certification of Charter School Teachers and Administrators

Professional Employees must have one evaluation per year. For the purpose of cyber charter schools, professional employees are classroom teachers and non-teaching professionals who are certified. Principals, special education teachers and supervisors, school nurses, school psychologists, and 75 percent of the remaining professional staff must be certified. The chief administrator of a charter school is not considered a professional staff member of a charter school; however, if the chief administrator performs the duties of a principal, that individual must hold appropriate state certification as a principal.

Article XI. Professional Employes of the School Code is not applicable to cyber charters, unless specifically noted in a statutory provision. Cyber charter schools should consult with their solicitors as to implementation.

Temporary professional employees must have two evaluations per year. For the purpose of cyber charter schools, temporary professional employees are classroom teachers and non-teaching professionals who are not certified (see note).

Cyber charter schools must use the Act 13 Rating Forms (13-1, 13-2, 13-3, and the optional 13-4 forms), and educators will be required to be evaluated based on the components outlined in Act 13 of 2020.

See Employment and Certification of Charter School Teachers and Administrators for additional guidance on the following:

Employment of Teachers and Administrators
Evaluation of Charter School Employees
Induction Programs

Healthcare and Retirement Benefits

Every employee of a charter school shall be provided the health care benefits equal or greater than the employee would receive if he or she worked for the chartering school district. The “local district” referenced in Section 1724-A of the School Code shall be determined as the location of the cyber charter school’s administrative office.

For additional guidance, please see Healthcare and Retirement Benefits.

Resources

References

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)
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
607 South Drive | Harrisburg, PA 17120
Phone: 717-787-9744
RA-charterschools@pa.gov