Section 1722-A. Facilities.--(a) A charter school may be located in an existing public school building, in a part of an existing public school building, in space provided on a privately owned site, in a public building or in any other suitable location.
(b) The charter school facility shall be exempt from public school facility regulations except those pertaining to the health or safety of the pupils.
(c) ((c) repealed July 4, 2004, P.L.536, No.70)
(d) Notwithstanding any other provision of this act, a school district of the first class may, in its discretion, permit a charter school to operate its school at more than one location.
(e) (1) Notwithstanding the provisions of section 204 of the act of May 22, 1933 (P.L.853, No.155), known as The General County Assessment Law, all school property, real and personal, owned by any charter school, cyber charter school or an associated nonprofit foundation, or owned by a nonprofit corporation or nonprofit foundation and leased to a charter school, cyber charter school or associated nonprofit foundation at or below fair market value, that is occupied and used by any charter school or cyber charter school for public school, recreation or any other purposes provided for by this act, shall be made exempt from every kind of State, county, city, borough, township or other real estate tax, including payments in lieu of taxes established through agreement with the Commonwealth or any local taxing authority, as well as from all costs or expenses for paving, curbing, sidewalks, sewers or other municipal improvements, Provided, That any charter school or cyber charter school or owner of property leased to a charter school or cyber charter school may make a municipal improvement in a street on which its school property abuts or may contribute a sum toward the cost of the improvement.
(2) Any agreement entered into by a charter school, cyber charter school or associated nonprofit foundation with the Commonwealth or a local taxing authority for payments in lieu of taxes prior to December 31, 2009, shall be null and void.
(3) This subsection shall apply retroactively to all charter schools, cyber charter schools and associated nonprofit foundations that filed an appeal from an assessment, as provided in Article V of The General County Assessment Law, prior to the effective date of this subsection.
(4) For purposes of this subsection, "local taxing authority" shall include, but not be limited to, a county, city, borough, incorporated town, township or school district.
(f) A school district, intermediate unit, community college and institution under Article XX-A shall provide a cyber charter school with reasonable access to facilities for the administration of standardized testing as follows:
(1) A cyber charter school shall provide a school district, intermediate unit, community college or institution with at least sixty (60) days' notice of the need for facilities to be used for the administration of standardized tests.
(2) Within thirty (30) days of the cyber charter school's request, the school district, intermediate unit, community college or institution shall notify the cyber charter school of the location of the facilities that will be provided. The facilities must be a quiet, separate location in which cyber charter school students will not be commingled with students of the school district, intermediate unit, community college or institution.
(3) A school district, intermediate unit, community college or institution may not be required to make facilities available to a cyber charter school on dates and at times that may cause undue interference with the educational programs of the school district, intermediate unit, community college or institution.
(4) A facilities rental fee charged to the cyber charter school and the payment of the fee shall be in compliance with the facility rental policy of the school district, intermediate unit, community college or institution that applies generally to all organizations and community groups given access to facilities of the school district, intermediate unit, community college or institution under a rental agreement.
((f) added July 11, 2024, P.L.618, No.55)
(1722-A amended Nov. 17, 2010, P.L.996, No.104)
Compiler's Note: Section 24 of Act 104 of 2010, which added section 1722-A, provided that any regulations that are inconsistent with Act 104 are hereby abrogated to the extent of the inconsistency.