PRINTER'S NO. 860
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
884
Session of
2023
INTRODUCED BY GROVE, GREINER AND ORTITAY, APRIL 10, 2023
REFERRED TO COMMITTEE ON EDUCATION, APRIL 10, 2023
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for new and optimizing
variations of education and learning (NOVEL) schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XV-N
NEW AND OPTIMIZING VARIATIONS OF
EDUCATION AND LEARNING (NOVEL) SCHOOLS
Section 1501-N. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
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"Education management service provider." A for-profit or
nonprofit management organization, nonprofit charter management
organization, school design provider, business manager or other
partner entity with which a school district contracts to provide
educational design, business services, comprehensive management
or personnel functions.
"Local governing body." A board of school directors or other
governing authority of a school district.
"NOVEL school." A school that:
(1) is part of a school district; and
(2) ranks in the lowest 15% of the school's
classification as an elementary or secondary school according
to student performance under section 1138.3(a)(2).
"NOVEL School Board." The NOVEL School Board established
under section 1509-N.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1502-N. Designation of NOVEL schools.
By October 1, 2023, and by October 1 of each year thereafter,
the department, in conjunction with the NOVEL School Board,
shall identify and designate NOVEL schools. The list of NOVEL
schools shall be published on the department's publicly
accessible Internet website and transmitted to the Legislative
Reference Bureau for publication as a notice in the next
available issue of the Pennsylvania Bulletin.
Section 1503-N. Powers of local governing body.
A local governing body shall have all the following powers
with respect to a NOVEL school within the local governing body's
jurisdiction:
(1) To enter into agreements with education management
service providers to operate the school.
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(2) To employ in the school professional and senior
management employees who do not hold State certification in
the school, if the local governing body has approved the
employee's qualifications, at a salary established by the
local governing body.
(3) To enter into agreements with persons or education
management service providers providing educational or other
services to the school.
(4) To close or reconstitute the school, including the
reassignment, suspension or dismissal of professional
employees.
(5) To suspend professional employees without regard to
the provisions of seniority and according to a professional
employee's performance.
(6) To appoint managers, administrators or education
management service providers to oversee the operations of the
school.
(7) To convert the school to a charter school.
(8) To apply to the NOVEL School Board for a waiver of
any provision of this act, regulation of the State Board of
Education or standard of the secretary that inhibits the
ability of the school to increase student achievement.
Section 1504-N. Advisory teams.
(a) Local governing body assembly.--Within 30 days of a
school's initial designation as a NOVEL school, the local
governing body shall convene the following for the school:
(1) An academic advisory team, comprised of the
following members:
(i) A school administrator appointed by the local
governing body.
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(ii) A school business manager or individual
responsible for the fiscal management of the school
district appointed by the local governing body.
(iii) A teacher appointed by the local governing
body.
(iv) Three experts, appointed by the local governing
body in consultation with the department, who possess
knowledge and experience in such areas as school or
business administration, staff development, early
childhood education, curriculum development, budget
development or fiscal management, labor relations or
special education.
(2) A community advisory team comprised of the following
members appointed by the local governing body:
(i) Three parents of students attending the school.
(ii) Three residents of the area served by the
school who are not parents of students attending the
school.
(b) Termination of academic advisory team and community
advisory team.--The academic advisory team and the community
advisory team shall terminate when the NOVEL school is no longer
designated as a NOVEL school, unless the local governing body
votes for either or both teams to continue.
Section 1505-N. Diagnostic evaluation.
(a) Districtwide review.--Within three months of a school's
initial designation as a NOVEL school, a local governing body of
a school district in which at least one school has been
designated as a NOVEL school shall conduct a districtwide review
of academic programs, management and operations, including
whether school facilities are being used to maximize student
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academic opportunities, using a standard evaluation and
diagnostic tool, and submit the findings to the NOVEL School
Board.
(b) Period for evaluation.--A local governing body that has
completed a diagnostic evaluation under subsection (a) within
the past five years is not required to complete a districtwide
diagnostic evaluation developed by the department subsequent to
the initial designation of a new NOVEL school within the local
governing body's jurisdiction, provided that the local governing
body shall complete, within two months of the designation of a
new NOVEL school, a supplemental study of the school to the
extent that the needs of the school are different from those of
the district.
Section 1506-N. School improvement plan.
(a) School improvement plan.--Using the results of the
diagnostic evaluation under section 1505-N(a), the local
governing body, with input from the academic advisory team and
the community advisory team, shall develop for each NOVEL school
a school improvement plan that includes all of the following:
(1) Performance goals and timetables to improve academic
performance.
(2) Revisions to curriculum or instructional practices.
(3) A system of academic accountability for students and
administrators.
(4) Procedures to increase parent and community
involvement.
(5) Policies to provide individual schools greater
authority over personnel, budget and educational programming.
(6) A multiyear strategic plan with annual goals and
measurable objectives based on identified needs, projected
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enrollment and revenue.
(7) Clear delineation of the responsibilities of the
local governing body and superintendents.
(8) A plan to formally evaluate the performance and cost
of major educational and operational programs.
(9) A plan for professional development to assist
teachers and administrators with ensuring that students reach
academic standards.
(10) A plan for the allocation of resources targeted to
the NOVEL school.
(11) A plan for the implementation of at least two
interventions allowable under section 1503-N.
(b) Application for waiver permitted.--The local governing
body may include in a school improvement plan an application to
the NOVEL School Board for a waiver of any provision of this
act, regulation of the State Board of Education or standard of
the secretary if the NOVEL School Board determines that the
proposed waiver will help the NOVEL school to increase academic
achievement. The NOVEL School Board may not waive either:
(1) Federal statutes or regulations; or
(2) State statutes or regulations or standards of the
secretary related to the following:
(i) Civil rights.
(ii) Health and safety.
(iii) Public records.
(iv) Possession of weapons on school grounds.
(v) Employment history reviews, criminal background
checks and child abuse clearances for school personnel
and volunteers.
(vi) Special education requirements.
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(vii) Student due process.
(viii) Parental rights.
(ix) Student assessment and accountability.
(x) Open meetings.
(c) Plan submission to NOVEL School Board.--Within 60 days
of the completion of the diagnostic evaluation under section
1505-N, the local governing body shall submit the school
improvement plan for approval to the NOVEL School Board.
(d) Board approval of plan.--
(1) Within 30 days of receipt of the school improvement
plan, the NOVEL School Board shall approve the school
improvement plan or request further modifications to the
plan. The NOVEL School Board shall notify the local governing
body of the approval or request for further modification.
(2) Within 30 days of the receipt of the request for
modification to the plan, the local governing body of the
NOVEL school shall resubmit the school improvement plan to
the NOVEL School Board.
(3) The NOVEL School Board shall approve the modified
school improvement plan within 30 days of receipt.
(e) Local governing body reports on implementation and
progress.--Following the approval of the school improvement plan
by the NOVEL School Board, the local governing body of the NOVEL
school shall, with input from the academic advisory team and the
community advisory team, submit reports every six months to the
NOVEL School Board detailing the implementation and progress of
the school improvement plan. The local governing body of the
NOVEL school shall post the reports on the local governing
body's publicly accessible Internet website.
(f) Evaluation by NOVEL School Board.--The NOVEL School
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Board shall evaluate the interim school improvement reports
submitted by the local governing body under subsection (e) and
may request modifications to the school improvement plan if
necessary to ensure continued improvement of student performance
at the NOVEL school.
Section 1507-N. Funding NOVEL schools.
The department may use money appropriated by the General
Assembly to the department for the purposes of this article,
including grants to assist NOVEL schools, and may accept
donations from all public and private sources, including the
Federal Government.
Section 1508-N. Duration of NOVEL school designation .
(a) General rule.--A NOVEL school shall retain the
designation of a NOVEL school until the NOVEL School Board
determines that the school has satisfactorily improved student
performance and no longer meets the definition of a NOVEL school
in section 1501-N and transmits notice of the same to the
secretary.
(b) Termination of designation.--Upon receipt of the notice
in subsection (a), the secretary shall issue a declaration
terminating the NOVEL school designation. The secretary shall
transmit the declaration to the Legislative Reference Bureau for
publication as a notice in the next available issue of the
Pennsylvania Bulletin.
Section 1509-N. NOVEL School Board.
(a) Establishment and membership.--The NOVEL School Board is
established. Within 30 days of the effective date of this
section, the NOVEL School Board shall be appointed as follows:
(1) The secretary shall appoint one member.
(2) The President pro tempore of the Senate, in
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consultation with the Majority Leader and Minority Leader of
the Senate, shall appoint three members.
(3) The Speaker of the House of Representatives, in
consultation with the Majority Leader and Minority Leader of
the House of Representatives, shall appoint three members.
(b) Qualifications.--Each member of the NOVEL School Board
must satisfy at least one of the following:
(1) Possess at least five years' experience in school
administration or academic assessment.
(2) Satisfy the requirements of section 1003(a) or (b).
(c) Term.--Members of the NOVEL School Board shall be
appointed for terms of five years each, except that those
persons initially appointed shall draw lots to determine which
members shall serve for a term of five years, which members
shall serve for a term of four years and which members shall
serve for a term of three years. To the extent practicable, from
those members initially appointed, an equal number shall draw
lots to serve for a term of five years, for a term of four years
and for a term of three years. Thereafter, all members shall be
appointed for terms of five years each.
(d) Chairperson.--The NOVEL School Board shall select a
chairperson from its membership by a majority vote.
(e) Quorum.--A majority of the members of the NOVEL School
Board shall constitute a quorum.
(f) Meetings.--The NOVEL School Board shall meet at least
quarterly at the call of the chairperson.
(g) Vacancy.--Upon expiration of a member's term or in the
occurrence of a vacancy in the office of a member, the original
appointing authority shall appoint a successor member. An
appointment to fill a vacancy shall be for the balance of a
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term.
(h) Removal.--
(1) No NOVEL School Board member shall be removed from
office during the member's term of office except in
accordance with the Constitution of Pennsylvania and as
authorized in this section.
(2) The appointing authority of a member may, upon proof
by clear and convincing evidence of malfeasance or
misfeasance in office, remove a NOVEL School Board member
prior to the expiration of the term.
(3) Before a NOVEL School Board member is removed, the
member shall be provided with a written statement of the
reasons for removal and an opportunity for a hearing.
(i) Prohibition.--No member, while in service of the NOVEL
School Board, may seek or hold a position as any other public
official or as an officer of a political party.
(j) Compensation.--Members of the NOVEL School Board shall
receive no compensation but shall be reimbursed for reasonable
and necessary expenses incurred in the performance of their
official duties from the funds of the department.
(k) Duties of NOVEL School Board.--
(1) To designate NOVEL schools.
(2) To receive, review, evaluate, modify and approve
school improvement plans under section 1506-N.
(3) To grant waivers of any provision of this act to a
local governing body of a NOVEL school under section 1506-
N(b).
(4) To receive and evaluate interim school improvement
reports submitted by the local governing body of a NOVEL
school under section 1506-N(e).
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(5) To terminate a NOVEL school designation upon
satisfactory improvement in student performance under section
1508-N(a).
(l) Duty of department.--The department shall provide
administrative support, meeting space and other assistance
required by the NOVEL School Board to carry out its duties under
this section and shall provide the NOVEL School Board with data,
research and other information upon request by the NOVEL School
Board.
(m) Appeals.--An objecting party may appeal a determination
of the NOVEL School Board to Commonwealth Court.
(n) Report.--Beginning October 31, 2024, and by October 31
of each year thereafter, the NOVEL School Board shall submit a
written report to the secretary, the President pro tempore of
the Senate, the Majority Leader of the Senate, the Minority
Leader of the Senate, the Speaker of the House of
Representatives, the Majority Leader of the House of
Representatives and the Minority Leader of the House of
Representatives. The report shall include all of the following:
(1) A list and a description of status, including
academic performance, of each NOVEL school.
(2) A list of all schools eligible for designation as a
NOVEL school.
Section 1510-N. State Board of Education.
The State Board of Education shall promulgate regulations
necessary for the implementation of this article.
Section 2. This act shall take effect immediately.
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