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| PRIOR PRINTER'S NOS. 445, 1075, 1896, 1949 | PRINTER'S NO. 2002 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, BAKER, BROWNE, COSTA, EARLL, FOLMER, FONTANA, O'PAKE, ORIE, RAFFERTY, WASHINGTON, M. WHITE AND WONDERLING, FEBRUARY 24, 2009 |
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| SENATE AMENDMENTS TO HOUSE AMENDMENTS, MAY 25, 2010 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in school districts, further | <-- |
6 | providing for State report card; providing for value-added |
7 | assessment system and for school report card; in |
8 | certification of teachers, further providing for certificates |
9 | qualifying persons to teach and for kinds of State |
10 | certificates; providing for postbaccalaureate certification; |
11 | and further providing for disqualifications relating to | <-- |
12 | teacher's certificate; in school health services, providing | <-- |
13 | for medical examinations of teachers and other persons; and, |
14 | in education empowerment, further providing for boards of |
15 | control in certain school districts and for expiration. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 1201 of the act of March 10, 1949 | <-- |
19 | (P.L.30, No.14), known as the Public School Code of 1949, |
20 | amended January 14, 1970 (1969 P.L.468, No.192), is amended to |
21 | read: |
22 | Section 1. Section 220(a)(2) of the act of March 10, 1949 | <-- |
23 | (P.L.30, No.14), known as the Public School Code of 1949, |
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1 | amended July 7, 2006 (P.L.611, No.94), is amended to read: |
2 | Section 220. State Report Card.--(a) The department shall |
3 | create a State Report Card based on the information collected |
4 | pursuant to this section. The department: |
5 | * * * |
6 | (2) Shall publish on its World Wide Web site the State |
7 | Report Card, providing information at the State, local education |
8 | agency and school levels. The State Report Card shall include |
9 | all of the following: |
10 | (i) Information regarding the number of schools and school |
11 | districts that have achieved adequate yearly progress and the |
12 | number of schools and school districts that have not achieved |
13 | adequate yearly progress. |
14 | (ii) Information regarding the number of schools and school |
15 | districts that have achieved each academic performance target |
16 | and the number of schools and school districts that have not |
17 | achieved each academic performance target. |
18 | (iii) Information regarding the number of schools and school |
19 | districts in which more than five percent (5%) of the students |
20 | to whom the PSSA test was administered were enrolled in the |
21 | school district for less than two (2) school years as of the day |
22 | on which the PSSA test was administered. |
23 | (iv) Information regarding the number of schools and school |
24 | districts identified under subparagraph (iii) that have achieved |
25 | each academic performance target and the number of schools and |
26 | school districts that have not achieved each academic |
27 | performance target. For the purposes of this subparagraph, |
28 | achievement of the academic performance target shall be |
29 | calculated by excluding the PSSA test score of any student who |
30 | was enrolled in the school district for less than two (2) school |
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1 | years as of the day on which the PSSA test was administered. |
2 | (v) Information regarding the number of schools and school |
3 | districts in which more than five percent (5%) of the students |
4 | to whom the PSSA test was administered were classified as |
5 | limited English proficient as of the day on which the PSSA test |
6 | was administered. |
7 | (vi) Information regarding the number of schools and school |
8 | districts identified under subparagraph (v) that have achieved |
9 | each academic performance target and the number of schools and |
10 | school districts that have not achieved each academic |
11 | performance target. For the purposes of this subparagraph, |
12 | achievement of the academic performance target shall be |
13 | calculated by excluding the PSSA test score of any student who |
14 | was classified as limited English proficient as of the day on |
15 | which the PSSA test was administered. |
16 | (vii) Information regarding the number of schools and school |
17 | districts in which more than sixteen percent (16%) of the |
18 | students to whom the PSSA test was administered were classified |
19 | as students with a disability as of the day on which the PSSA |
20 | test was administered. |
21 | (viii) Information regarding the number of schools and |
22 | school districts identified under subparagraph (vii) that have |
23 | achieved each academic performance target and the number of |
24 | schools and school districts that have not achieved each |
25 | academic performance target. For the purposes of this |
26 | subparagraph, achievement of the academic performance target |
27 | shall be calculated by excluding the PSSA test score of any |
28 | student who was classified as a student with a disability as of |
29 | the day on which the PSSA test was administered. |
30 | (ix) A list of the schools, including public elementary and |
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1 | secondary schools, charter schools, cyber charter schools and |
2 | area vocational-technical schools, that scored in the lowest |
3 | measured group of five percent (5%) in either math or reading on |
4 | the most recent Pennsylvania System of School Assessment test or |
5 | any other test established by the State Board of Education to |
6 | meet the requirements of section 2603-B(d)(10)(i) pursuant to 22 |
7 | Pa. Code § 403.3 (relating to single accountability system). |
8 | With the exception of cyber charter schools, the list shall |
9 | exclude all schools that are part of or located within a school |
10 | district of the first class. |
11 | * * * |
12 | Section 2. The act is amended by adding sections to read: |
13 | Section 221. Value-added Assessment System.--(a) Beginning |
14 | on the effective date of this section, the Department of |
15 | Education shall make available on its publicly accessible |
16 | Internet website the following: |
17 | (1) Value-added assessment system data for the school |
18 | district level and the school level. The Department of |
19 | Education's disclosure of value-added assessment system data |
20 | shall be subject to the Family Educational Rights and Privacy |
21 | Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a |
22 | successor Federal statute. |
23 | (2) Instructions that may assist the public in understanding |
24 | and interpreting the data provided under paragraph (1). |
25 | (b) For purposes of this section: |
26 | "Value-added assessment system" shall mean a statistical |
27 | analysis of results on the Pennsylvania System of School |
28 | Assessment test or any other test established by the State Board |
29 | of Education to meet the requirements of section 2603-B(d)(10) |
30 | (i) pursuant to 22 Pa. Code § 403.3 (relating to single |
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1 | accountability system) that uses measures of student learning to |
2 | enable the estimation of school or school district statistical |
3 | distributions. |
4 | Section 222. School Report Card.--(a) Within thirty (30) |
5 | days after being identified by the Department of Education under |
6 | section 220(a)(2)(ix) as scoring in the lowest measured five |
7 | percent (5%) in math or reading on the most recent Pennsylvania |
8 | System of School Assessment test or any other test established |
9 | by the State Board of Education to meet the requirements of |
10 | section 2603-B(d)(10)(i) pursuant to 22 Pa. Code § 403.3 |
11 | (relating to single accountability system), the governing body |
12 | of the school shall post a school report card on the school's or |
13 | school district's publicly accessible Internet website. The |
14 | governing body of the school shall provide a paper copy of the |
15 | school report card to any resident of the school district upon |
16 | request. The governing body may comply with this section by |
17 | including the information required under subsection (b) in a |
18 | report card distributed in compliance with the No Child Left |
19 | Behind Act or its successor Federal statute. |
20 | (b) The Department of Education shall establish guidelines |
21 | for the contents of the school report card, which shall include: |
22 | (1) Subject to the Family Educational Rights and Privacy Act |
23 | of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a successor |
24 | Federal statute, all value-added assessment system data |
25 | generated for the school district and the school. |
26 | (2) A statement that the school scored in the lowest |
27 | measured five percent (5%) in either math or reading on the most |
28 | recent Pennsylvania System of School Assessment test or any |
29 | other test established by the State Board of Education to meet |
30 | the requirements of section 2603-B(d)(10)(i) pursuant to 22 Pa. |
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1 | Code § 403.3. |
2 | (3) Notification of the following: |
3 | (i) That a student attending the school may transfer to |
4 | another school of the student's grade level within the school |
5 | district upon the request of a parent, consistent with |
6 | provisions of the No Child Left Behind Act (Public Law 107-110, |
7 | 115 Stat. 1425) or its successor Federal statute related to |
8 | intradistrict transfers. |
9 | (ii) Whether there are other schools of the student's grade |
10 | level within the school district. If there are other schools of |
11 | the student's grade level within the school district, the school |
12 | report card shall include: |
13 | (A) A list of other schools of the student's grade level |
14 | within the school district. |
15 | (B) For each school listed under clause (A), the information |
16 | required under paragraph (1). |
17 | (iii) Instructions for exercising the student's option to |
18 | transfer to a school listed under subparagraph (ii)(A), |
19 | consistent with provisions of the No Child Left Behind Act or |
20 | its successor Federal statute related to intradistrict |
21 | transfers. |
22 | (4) Instructions for interpreting the information required |
23 | to be provided under subsection (b)(1). |
24 | (5) Contact information for a school employe to whom parents |
25 | may direct questions concerning the school report card. |
26 | Section 3. Section 1201 of the act, amended January 14, 1970 |
27 | (1969 P.L.468, No.192), is amended to read: |
28 | Section 1201. Certificates Qualifying Persons to Teach.-- |
29 | Only those persons holding one of the following certificates |
30 | shall be qualified to teach in the public schools of this |
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1 | Commonwealth--(1) Permanent college certificate, (2) provisional |
2 | college certificate, (3) normal school diploma, (4) normal |
3 | school certificate, (5) special permanent certificate, (6) |
4 | special temporary certificate, (7) permanent State certificate, |
5 | (8) residency certificate, (9) intern certificate, (10) |
6 | certificates which are permanent licenses to teach by virtue of |
7 | the provisions of section one thousand three hundred eight of |
8 | the act, approved the eighteenth day of May, one thousand nine |
9 | hundred eleven (Pamphlet Laws 309), as amended, which is |
10 | repealed hereby, or [(9)] (11) such other kinds of certificates |
11 | as are issued under the standards prescribed by the State Board |
12 | of Education. The State Board of Education shall also provide |
13 | for issuance of certificates by district superintendents to meet |
14 | such emergencies or shortage of teachers as may occur. |
15 | Section 2 4. Sections 1203 and 1206 of the act are amended | <-- |
16 | to read: |
17 | Section 1203. Kinds of State Certificates.--(a) State |
18 | certificates hereafter granted shall include the following: |
19 | Provisional College Certificates, |
20 | Permanent College Certificates, |
21 | Certificates issued by other states and validated by the |
22 | Superintendent of Public Instruction, |
23 | Special Temporary Certificates, |
24 | Special Permanent Certificates[.], |
25 | Residency Certificates, |
26 | Intern Certificates. |
27 | (b) All persons receiving any of such certificates shall |
28 | have qualifications not less than graduation from a State |
29 | Teachers' College of this Commonwealth, or equivalent training. |
30 | Postbaccalaureate certification programs, including residency, |
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1 | intern and administrative certification programs completed under |
2 | section 1207.1 are equivalent training for purposes of this act. |
3 | (c) Every college certificate shall set forth the names of |
4 | the college or university from which its holder was graduated. |
5 | State certificates shall entitle their holders to teach in every |
6 | part of this Commonwealth for the terms herein specified. |
7 | Section 1206. Certificates Issued by Other States.--[The |
8 | Superintendent of Public Instruction may validate in this |
9 | Commonwealth teachers' certificates issued by other states, or |
10 | by the State normal schools or colleges of other states, whose |
11 | requirements are equivalent to those of this Commonwealth. Such |
12 | validation of certificates may be revoked by the Superintendent |
13 | of Public Instruction at any time.] (a) Candidates holding a |
14 | valid instructional certificate issued by another state may be |
15 | eligible for comparable Pennsylvania certification provided that |
16 | the candidate meets the following requirements: |
17 | (1) Holds a bachelor's degree from a regionally accredited |
18 | college or university. |
19 | (2) Has at least three (3) years of successful professional |
20 | experience. |
21 | (3) Demonstrates subject matter competency in the applicable |
22 | area of Pennsylvania certification. |
23 | (4) Satisfies the requirements of section 1209. |
24 | (b) The Secretary of Education shall adopt standards and |
25 | guidelines as necessary to implement this section. |
26 | Section 3 5. The act is amended by adding a section to read: | <-- |
27 | Section 1207.1. Postbaccalaureate Certification.--(a) |
28 | Notwithstanding any other provision of law to the contrary, the |
29 | Secretary of Education shall have all of the following powers |
30 | and duties with regard to postbaccalaureate certification |
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1 | programs: |
2 | (1) Evaluate and approve, in accordance with this section, |
3 | all postbaccalaureate certification programs, including |
4 | accelerated programs, leading to the certification of |
5 | professional personnel including intern certification programs, |
6 | residency certification programs and administrative |
7 | certification programs. |
8 | (2) Evaluate and approve qualified providers of |
9 | postbaccalaureate certification programs, which may include |
10 | providers other than institutions of higher education. |
11 | (3) Develop guidelines for the approval of postbaccalaureate |
12 | instructional certification programs, which shall include: |
13 | (i) Instruction and training in the following: |
14 | (A) Educational strategies for the designated subject area. |
15 | (B) Child development specifically related to the level of |
16 | the certificate sought. |
17 | (C) Professional ethics and responsibilities. |
18 | (D) Pennsylvania academic standards. |
19 | (E) Assessment knowledge and skills. |
20 | (F) Accommodations and adaptations for students with |
21 | disabilities in an inclusive setting. |
22 | (G) Strategies for meeting instructional needs of English |
23 | language learners. |
24 | (ii) Requirements for candidate oversight and mentoring that |
25 | include field placement, student teaching, classroom |
26 | observations and ongoing support for novice educators in |
27 | partnership with local education agencies during their induction |
28 | period, including observation, consultation and assessment that |
29 | includes close supervision by a professional employe. |
30 | (4) Issue certificates in accordance with this section to |
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1 | qualified candidates. |
2 | (5) Adopt standards and guidelines as necessary to implement |
3 | this section. |
4 | (b) (1) The Secretary of Education may make a one-time |
5 | issuance of a residency certificate for service in a specific |
6 | shortage area of instruction in public schools of this |
7 | Commonwealth to an applicant who meets all of the following: |
8 | (i) Satisfies the requirements specified under section 1209. |
9 | (ii) Meets one of the following: |
10 | (A) Holds a doctoral degree from an accredited college or |
11 | university in the subject area of shortage. |
12 | (B) Holds a master's degree from an accredited college or |
13 | university in the subject area of shortage and has at least two |
14 | (2) years of work experience in the subject area or related |
15 | field. |
16 | (C) Holds a bachelor's degree from an accredited college or |
17 | university in the subject area of shortage and has at least five |
18 | (5) years of work experience in the subject area or related |
19 | field. |
20 | (iii) Is continuously enrolled in an approved residency |
21 | program. |
22 | (iv) Presents evidence of satisfactory achievement on the |
23 | appropriate subject area content test. |
24 | (2) A residency certificate shall be valid for three (3) |
25 | years of teaching in the public schools of this Commonwealth in |
26 | the area for which it applies. |
27 | (3) The Secretary of Education shall have all of the |
28 | following powers and duties related to the issuance of residency |
29 | certificates: |
30 | (i) Identify areas of certification in which there is a |
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1 | Statewide or regional shortage of qualified teachers. |
2 | (ii) Develop guidelines for the residency program in |
3 | accordance with subsection (a). |
4 | (iii) Issue residency certificates to qualified applicants. |
5 | (iv) Report annually to the State Board of Education on the |
6 | number of residency certificates issued under this section. |
7 | (4) A residency certificate may be converted to an |
8 | Instructional I Certificate upon the completion of all residency |
9 | program requirements under Department of Education guidelines |
10 | and the completion of three (3) years of satisfactory teaching |
11 | in the public schools of this Commonwealth. |
12 | (c) (1) Postbaccalaureate instructional intern |
13 | certification programs shall provide flexible and accelerated |
14 | pedagogical training to teachers who have demonstrated subject |
15 | matter competency in a subject area related to their |
16 | certification, provided that the first year of teaching includes |
17 | a minimum of one classroom observation each month by an approved |
18 | postbaccalaureate certification program provider. |
19 | (2) The Secretary of Education may make a one-time issuance |
20 | of a postbaccalaureate instructional intern certificate for |
21 | service in a specific area of instruction to candidates who, in |
22 | addition to meeting the requirements of section 1209, present |
23 | evidence of satisfactory achievement on the department- |
24 | prescribed subject matter assessments related to the area of |
25 | certification and hold a bachelor's degree from an accredited |
26 | college or university. This certificate shall require continuing |
27 | enrollment in an approved postbaccalaureate instructional intern |
28 | certification program. |
29 | (3) A postbaccalaureate instructional intern certificate |
30 | shall be valid for three (3) years of teaching in the public |
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1 | schools of this Commonwealth and may not be renewed. |
2 | (4) A candidate shall be issued an Instructional I |
3 | Certificate upon successful completion of the approved |
4 | postbaccalaureate instructional intern program provided that the |
5 | candidate has satisfied the requirements of section 1209. |
6 | (d) (1) Notwithstanding any other provision of law, no |
7 | person shall be granted an administrative certificate by the |
8 | Department of Education unless: |
9 | (i) The candidate holds a bachelor's degree from a |
10 | regionally accredited college or university. |
11 | (ii) The candidate has had three (3) years of relevant |
12 | professional experience. |
13 | (iii) The candidate satisfies the requirements of section |
14 | 1209. |
15 | (iv) The candidate has completed in a college or university |
16 | a graduate program in education approved by the Department of |
17 | Education or has provided to the Secretary of Education |
18 | satisfactory evidence that the candidate has successfully |
19 | completed a leadership development program that meets the |
20 | Pennsylvania school leadership standards under section 1217. |
21 | (2) The Secretary of Education may adopt standards and |
22 | guidelines as necessary to implement this section. |
23 | (e) Notwithstanding any other provision of law, no candidate |
24 | for certification or admission into a certification preparation |
25 | program who holds a bachelor's degree from a regionally |
26 | accredited college or university shall be required to complete |
27 | the academic preparation requirements of 22 Pa. Code Ch. 354 |
28 | (relating to preparation of professional educators). |
29 | Section 4 6. Section 1209 of the act, amended April 15, 1959 | <-- |
30 | (P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended |
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1 | to read: |
2 | Section 1209. Disqualifications.--No teacher's certificate |
3 | shall be granted to any person who [has]: |
4 | (1) Has not submitted, upon a blank furnished by the |
5 | [Superintendent of Public Instruction] Secretary of Education, a |
6 | certificate from a physician [legally qualified to practice |
7 | medicine], certified registered nurse practitioner or physician |
8 | assistant licensed or certified in this Commonwealth, or in any |
9 | other state or the District of Columbia, setting forth that |
10 | [said] the applicant is [neither mentally nor physically |
11 | disqualified, by reason of tuberculosis or any other |
12 | communicable disease or by reason of mental disorder] not |
13 | disqualified by reason of a mental or physical disability or a |
14 | communicable disease from the successful performance of the |
15 | [duties of a teacher; nor to any person who has not] essential |
16 | functions of a teacher with or without a reasonable |
17 | accommodation. |
18 | (2) Does not have a good moral character[, or who is]. |
19 | (3) [in the habit of using opium or other narcotic drugs in |
20 | any form, or any intoxicating drink as a beverage, or to any |
21 | applicant who has a major physical disability or defect unless |
22 | such a person submits a certificate signed by an official of the |
23 | college or university from which he was graduated or of an |
24 | appropriate rehabilitation agency, certifying that in the |
25 | opinion of such official the applicant, by his work and |
26 | activities, demonstrated that he is sufficiently adjusted, |
27 | trained and motivated to perform the duties of a teacher, |
28 | notwithstanding his impediment.] Engages in the illegal use of |
29 | controlled substances or alcoholic beverages. An applicant for |
30 | certification may overcome the disqualification under this |
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1 | paragraph and receive a teaching certificate if the applicant is |
2 | reviewed by the Department of Education pursuant to the |
3 | requirement of paragraph (2) and determined to be of good moral |
4 | character. |
5 | Section 7. Section 1418(d) of the act, amended July 14, 1971 | <-- |
6 | (P.L.229, No.47), is amended to read: |
7 | Section 1418. Medical Examinations of Teachers and Other |
8 | Persons.--* * * |
9 | (d) Medical examinations shall be made by the school |
10 | physician of the district if provision therefor is made by the |
11 | district or joint school board or by a physician, certified |
12 | registered nurse practitioner or physician assistant of the |
13 | employe's own choice [legally qualified to practice medicine and |
14 | surgery or osteopathy or osteopathic surgery in the] licensed or |
15 | certified in this Commonwealth. |
16 | Section 8. Section 1707-B of the act, amended November 22, |
17 | 2000 (P.L.672, No.91) and July 20, 2007 (P.L.278, No.45), is |
18 | amended to read: |
19 | Section 1707-B. Boards of Control for Certain School |
20 | Districts.--(a) The General Assembly finds and declares as |
21 | follows: |
22 | (1) In addition to the operation of failing school districts |
23 | by a state, other jurisdictions across the nation are utilizing |
24 | other models to reform failing urban school districts in which |
25 | the chief executive of the city government is empowered to |
26 | control the governance of the public schools serving the city. |
27 | For example, Chicago has implemented a reform model operated by |
28 | the mayor. |
29 | (2) In this Commonwealth, the Mayor of the City of |
30 | Philadelphia, a city of the first class coterminous with a |
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1 | school district of the first class, recently was empowered by |
2 | amendments to the home rule charter immediately to appoint all |
3 | members of the Board of Education of the School District of |
4 | Philadelphia to serve at his pleasure. In no other school |
5 | district of the Commonwealth is the mayor or chief executive of |
6 | a municipality empowered to control or affect the governance of |
7 | school districts. Under the home rule charter amendments, the |
8 | Mayor of Philadelphia will have significant input into the |
9 | development and implementation of any school district |
10 | improvement plan adopted under section 1703-B and the school |
11 | district generally. |
12 | (3) In order to assess the effectiveness of a mayor-led |
13 | system of school governance in other large city school districts |
14 | in this Commonwealth which have a history of extraordinarily low |
15 | test performance, a pilot program under this section shall be |
16 | established for certain school districts of the second class |
17 | coterminous with cities that have opted under the act of July |
18 | 15, 1957 (P.L.901, No.399), known as the "Optional Third Class |
19 | City Charter Law," or 53 Pa.C.S. Pt. III Subpt. E (relating to |
20 | home rule and optional plan government) to be governed by a |
21 | mayor-council form of government. |
22 | (a.1) For a school district of the second class which has a |
23 | history of extraordinarily low test performance, which is |
24 | coterminous with a city of the third class that has opted under |
25 | the "Optional Third Class City Charter Law" or 53 Pa.C.S. Pt. |
26 | III Subpt. E to be governed by a mayor-council form of |
27 | government and which has a population in excess of forty-five |
28 | thousand (45,000), the secretary shall waive the inclusion of |
29 | the school district on the education empowerment list under |
30 | section 1703-B(a) and immediately certify the school district as |
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1 | an education empowerment district. [No school district shall be |
2 | certified under this section later than December 31, 2005.] |
3 | (b) (1) A board of control in an education empowerment |
4 | district certified under this section shall consist of seven (7) |
5 | residents of the school district, five (5) of whom shall be |
6 | appointed by the mayor of the coterminous city within fourteen |
7 | (14) days of the certification of the school district as an |
8 | education empowerment district and two (2) of whom shall be |
9 | elected by and from the members of the elected board of school |
10 | directors. |
11 | (1.1) Beginning July 1, 2010, a board of control in an |
12 | education empowerment district certified under this section |
13 | shall consist of seven (7) members, five (5) of whom shall be |
14 | appointed by the mayor of the coterminous city and two (2) of |
15 | whom shall be elected by and from the members of the elected |
16 | board of school directors. |
17 | (1.2) On December 1 immediately following the first general |
18 | election after the board of control appointed under paragraph |
19 | (1.1) has been in place for at least twelve (12) months, the |
20 | board of control shall consist of four (4) members who shall be |
21 | appointed by the mayor of the coterminous city and three (3) |
22 | members who shall be elected by and from the members of the |
23 | elected board of school directors, one (1) of whom shall be |
24 | subject to the approval of the mayor of the coterminous city. |
25 | (1.3) On December 1 immediately following the second general |
26 | election after the board of control appointed under paragraph |
27 | (1.1) has been in place for at least twelve (12) months, the |
28 | board of control shall consist of three (3) members who shall be |
29 | appointed by the mayor of the coterminous city and four (4) |
30 | members who shall be elected by and from the members of the |
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1 | elected board of school directors, two (2) of whom shall be |
2 | subject to the approval of the mayor of the coterminous city. |
3 | (1.4) Beginning July 1, 2010, the residency of the members |
4 | of the board of control shall be as follows: |
5 | (i) One (1) of the members of the board of control appointed |
6 | by the mayor of the coterminous city shall be a resident of the |
7 | county in which the school district is located, but shall not be |
8 | a resident of the school district. |
9 | (ii) The remaining members of the board of control appointed |
10 | by the mayor of the coterminous city and all members of the |
11 | board of control elected by and from the members of the elected |
12 | board of school directors shall be residents of the school |
13 | district. |
14 | (2) The members of the board of control that are elected by |
15 | and from the members of the elected board of school directors |
16 | shall serve on the board of control for a period of time |
17 | concurrent with their terms of office as members of the elected |
18 | board of school directors and are not subject to removal by the |
19 | mayor. |
20 | (3) The members of the board of control that are not elected |
21 | by and from the members of the elected board of school directors |
22 | shall serve at the pleasure of the mayor. |
23 | (4) The mayor of the coterminous city shall select one (1) |
24 | member of the board of control to serve as chairperson. |
25 | (5) No person who is an officer, board member or employe of |
26 | the school district shall be appointed to the board of control. |
27 | (6) Members of the board of control who are not employes of |
28 | the Commonwealth or a political subdivision shall receive |
29 | compensation under section 692.2. |
30 | (7) Vacancies on the board of control shall be filled in the |
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1 | same manner as the original appointment. |
2 | (8) Actions of the board of control shall be by a majority |
3 | vote. A majority of the members appointed shall constitute a |
4 | quorum. |
5 | (c) (1) The authority granted to a board of school |
6 | directors under section 1704-B(a) shall be exercised by the |
7 | board of control of an education empowerment district certified |
8 | under this section. The provisions of [sections 1705-B(c), (d), |
9 | (e) and (g),] 1706-B and 1708-B(a) shall be applicable to a |
10 | board of control appointed under subsection (b). |
11 | (2) The provisions of sections 693, 694 and 695 relating to |
12 | special boards of control shall apply to a board of control |
13 | under this section. |
14 | (d) Within thirty (30) days of the certification of an |
15 | education empowerment district under this section, the mayor |
16 | shall appoint a school district empowerment team under section |
17 | 1703-B(d)(2) to develop a school district improvement plan under |
18 | section 1703-B(e). The mayor or a designee shall serve as |
19 | chairman of the school district empowerment team. |
20 | (e) The school district improvement plan under subsection |
21 | (d) shall be transmitted by the board of control to the |
22 | department within one hundred twenty (120) days of the |
23 | appointment of the school district empowerment team. The |
24 | department shall return the school district improvement plan to |
25 | the board of control with its approval or any request for |
26 | modifications within thirty (30) days following its submission. |
27 | Any further modifications made by the school district |
28 | empowerment team shall be transmitted to the department by the |
29 | board of control. |
30 | (f) When the department has determined that a school |
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1 | district certified as an education empowerment district under |
2 | this section [no longer has a history of low test performance] |
3 | has met its academic performance targets as approved by the |
4 | department for two consecutive years and has reached the goals |
5 | set forth in the school district improvement plan, the |
6 | department shall remove the certification as an education |
7 | empowerment district [as provided under section 1710-B, except |
8 | that no certification removal of a school district initially |
9 | certified under subsection (a.1) shall be made for a period of |
10 | at least five (5) years]. When the department removes a school |
11 | district from certification as an education empowerment |
12 | district, the board of control shall dissolve and all powers and |
13 | duties vested in the board of control shall revert to the |
14 | elected board of school directors. |
15 | (g) A school district certified as an education empowerment |
16 | district under this section shall not have its certification |
17 | removed as a result of the reports of the Bureau of the Census |
18 | or any change in classification of municipalities or school |
19 | districts. |
20 | Section 9. Section 1716-B of the act, added May 10, 2000 |
21 | (P.L.44, No.16), is amended to read: |
22 | Section 1716-B. Expiration.--[This] (a) Except as provided |
23 | in subsection (b) or section 1704-B, the provisions of this |
24 | article shall expire June 30, 2010. |
25 | (b) For purposes of any board of control that is created |
26 | under or subject to section 1707-B, all provisions of this |
27 | article shall expire June 30, 2013, except that sections 1705-B, |
28 | 1710-B, 1714-B and 1714.1-B shall expire for all purposes on |
29 | June 30, 2010. |
30 | Section 5 10. Any regulations of the Department of Education | <-- |
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1 | that are inconsistent with this act are hereby abrogated to the |
2 | extent of the inconsistency. |
3 | Section 6 11. This act shall take effect immediately. | <-- |
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