Section 1748-A. Enrollment and notification.
(a) Notice to school district.--
(1) Within 10 days of the enrollment of a student to a cyber charter school, the cyber charter school shall notify the student's school district of residence of the enrollment through the use of the notification form under subsection (b). The notification form submitted under this paragraph for a student who enrolls in the cyber charter school between July 1 and September 15 shall satisfy the requirements of paragraphs (1.2) and (1.3) for that school year.
(1.1) A student identified as homeless under 42 U.S.C. § 11302 (relating to general definition of homeless individual) may not be required to submit the home address information required under subsection (b)(1) or (6) or provide continued proof of the student's residency under paragraph (1.2).
(1.2) No earlier than July 1 and no later than September 15 of each school year, a cyber charter school shall notify the parent or guardian of each student enrolled in the cyber charter school that the parent or guardian must provide continued proof of the student's residence to the cyber charter school by September 30 of each school year. The notification shall include the notification form developed under subsection (b) and instructions for submitting the notification form and proof of residence to the cyber charter school.
(1.3) The cyber charter school shall ensure that the notification form and proof of residence are received from a parent or guardian of each cyber charter school student by September 30 and shall transmit all information received under paragraph (1.2) to the student's school district of residence by October 15.
(1.4) A school district of residence may withhold tuition payments to a cyber charter school for a student for whom the cyber charter school has not provided the notification form and proof of residence in compliance with paragraph (1.3) or (1.6). After a cyber charter school has provided the notification form and proof of residence, the school district of residence shall make any outstanding payments within 30 days to the cyber charter school for all periods during which the student was enrolled in the cyber charter school for the current school year.
(1.5) The department shall not deduct tuition payments under sections 1725-A and 1725.1-A for a student for whom the cyber charter school has not provided the notification form and proof of residence in compliance with this subsection. The department shall deduct tuition payments under sections 1725-A and 1725.1-A, as applicable, only after the cyber charter school provides the proof of residence for that student required in this paragraph.
(1.6) If a parent or guardian of a returning student has not submitted the notification form and proof of residence under paragraph (1.2) to the cyber charter school by November 15, the following apply:
(i) A cyber charter school may complete an alternate notification form developed by the department. The alternate notification form shall contain information, including the school district of residence billed in the prior year for the student, if known, and any additional proof of the student's school district of residence.
(ii) The cyber charter school shall submit the alternate notification form to the school district of residence with 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 residence under paragraph (1.2), including at least one attempt through certified mail.
(iii) If a school district does not agree that a student is a resident of the school district, the school district may utilize the process under paragraph (2).
(2) If a school district determines at any time that a student is not a resident of the school district, the following apply:
(i) The school district shall notify the cyber charter school and the department that the student is not a resident of the school district. Notification of nonresidence shall include the basis for the determination of nonresidency.
(ii) Within 10 days of notification under subparagraph (i), the cyber charter school shall review the notification of nonresidence and notify the school district and the department that the cyber charter school agrees with the school district's determination or does not agree with the school district's determination. If the cyber charter school disagrees with the school district's determination, the cyber charter school shall provide proof of residency as the basis of the determination to both the school district and the department. If the cyber charter school agrees that the student is not a resident of the school district, the cyber charter school shall determine the proper school district of residence for the student and request funds from that school district.
(iii) Within 10 days of receipt of the response under subparagraph (ii), the school district shall notify the cyber charter school that it agrees with the cyber charter school's determination or does not agree with the cyber charter school's determination.
(iv) A school district that has notified the cyber charter school that it does not agree with the cyber charter school's determination under subparagraph (iii) shall appeal to the department for a final determination in accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies).
(v) All decisions of the department regarding the school district of residence of a student shall be subject to review by the Commonwealth Court.
(vi) Except as provided in paragraph (1.4), a school district shall continue to make payments to a cyber charter school under sections 1725-A and 1725.1-A during the time in which the school district of residence of a student is in dispute.
(vii) If a final determination is made that a student is not a resident of an appealing school district, the cyber charter school shall return all funds provided on behalf of that student during the period for which the student is not a resident of the school district to the school district within 30 days.
((a) amended July 12, 2026, P.L.220, No.20)
(a.1) Employee report of nonresidency.--Notwithstanding any provision of the act of December 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law, or any other law to the contrary, if an employee of a cyber charter school makes a good faith report that a student does not reside within the school district that has received notice of the student's enrollment under subsection (a), a cyber charter school may not discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee makes a good faith report under this subsection. ((a.1) added Nov. 12, 2025, P.L.244, No.47)
(b) Notification forms.--The department shall develop notification forms, which may be electronic, for use under subsection (a). The notifications shall include: (Intro. par. amended July 12, 2026, P.L.220, No.20)
(1) The full name, home address and mailing address of the student. ((1) amended July 12, 2026, P.L.220, No.20)
(2) The grade in which the student is being enrolled.
(3) The date the student will be enrolled.
(4) The name and address of the cyber charter school and the name and telephone number of a contact person able to provide information regarding the cyber charter school.
(5) The signature of the parent or guardian and an authorized representative of the cyber charter school.
(6) Proof of residency, which shall be a document containing the parent or guardian's name and address, on any of the following:
(i) An active residential lease agreement or a mortgage statement no more than three months old.
(ii) A bank statement no more than three months old or a utility or Internet bill no more than three months old.
(iii) A tax bill no more than three months old.
(iv) An insurance document no more than three months old.
(v) Any other document determined acceptable by the department.
((b) amended Nov. 12, 2025, P.L.244, No.47)
(c) Withdrawal.--The cyber charter school and the parent or guardian of a student enrolled in a cyber charter school shall provide written notification to the student's school district of residence within 10 days following the withdrawal of a student from the cyber charter school. ((c) amended July 11, 2024, P.L.618, No.55)
(d) Penalty for falsifying reimbursement reports.--Any school administrator, employee or representative of a school district or cyber charter school who knowingly falsifies information submitted to a school district, cyber charter school or the department under this section shall be guilty of a misdemeanor of the third degree. ((d) added Nov. 12, 2025, P.L.244, No.47)
(e) Construction.--Nothing in this section shall be construed to conflict or be inconsistent with section 1302 or 1302.1 or 42 U.S.C. Ch. 119 (relating to homeless assistance). ((e) added Nov. 12, 2025, P.L.244, No.47)
(1748-A added June 29, 2002, P.L.524, No.88)