PRINTER'S NO. 1903
No. 1433 Session of 2000
INTRODUCED BY SALVATORE, PICCOLA, THOMPSON, ARMSTRONG, WHITE,
GERLACH, WAUGH, HELFRICK, LOEPER AND JUBELIRER,
APRIL 20, 2000
REFERRED TO EDUCATION, APRIL 20, 2000
AN ACT
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," adding provisions relating to
6 education empowerment; and providing for an education
7 empowerment list and education empowerment school districts
8 and for their operation, school improvement grants and for a
9 Mandate Waiver Program.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
13 as the Public School Code of 1949, is amended by adding an
14 article to read:
15 ARTICLE XVII-B.
16 EDUCATION EMPOWERMENT ACT.
17 Section 1701-B. Short Title.--This article shall be known
18 and may be cited as the "Education Empowerment Act."
19 Section 1702-B. Definitions.--For purposes of this article,
20 the following terms shall have the following meanings:
21 "Department." The Department of Education of the
1 Commonwealth.
2 "Education empowerment list." A list prepared annually by
3 the Department of Education containing school districts that
4 fall below certain academic assessments as provided in section
5 1703-B.
6 "Guidelines." Procedures, forms and other requirements
7 developed by the department to implement the provisions of this
8 article, which shall not be subject to review, regulation or
9 approval by the State Board of Education.
10 "History of low test performance." A combined average of
11 fifty per centum or more of students scoring in the bottom
12 measured group of twenty-five per centum or below basic level of
13 performance on the Pennsylvania system of school assessment
14 tests under 22 Pa. Code Ch. 4 (relating to academic standards
15 and assessments) in math and reading in the preceding two school
16 years.
17 "Reconstitute." To remove all or a significant percentage of
18 the administration, faculty and staff of a school and to create
19 a new school with new leadership and personnel as an alternative
20 to closure of the school.
21 "School district improvement plan." A plan to improve the
22 level of student performance and the management and operation of
23 a school district transmitted to the department by the board of
24 school directors under section 1703-B(g) or by the Board of
25 Control under section 1706-B(c).
26 "Secretary." The Secretary of Education of the Commonwealth.
27 Section 1703-B. Education Empowerment List.--(a) The
28 department shall place a school district that has a history of
29 low test performance on an education empowerment list. The
30 department shall immediately notify the school district of its
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1 placement on the education empowerment list and shall publish
2 the list in the Pennsylvania Bulletin.
3 (b) The department shall provide a school district on the
4 education empowerment list with a list of every school in that
5 district with a history of low test performance. These schools
6 shall be listed based upon the percentage of students with a
7 history of low test performance. The department shall publish
8 the list in the Pennsylvania Bulletin.
9 (c) (1) No later than fourteen (14) days after notification
10 pursuant to subsection (a), the department shall establish an
11 academic advisory team for each school district placed on the
12 education empowerment list. The academic advisory team shall
13 work in the school district with the school district empowerment
14 team to assist in the development of the school district
15 improvement plan.
16 (2) The academic advisory team shall consist of no less than
17 three (3) nor more than six (6) members and shall be composed of
18 experts selected by the department, who possess knowledge and
19 experience in such areas as school or business administration,
20 staff development, early childhood education, curriculum
21 development, budget development or fiscal management, labor
22 relations or special education. These experts may include
23 certificated teachers and administrators, school board members,
24 school business officials, and academic experts or consultants.
25 The academic advisory team shall not be composed entirely of
26 department staff.
27 (d) (1) No later than thirty (30) days following the
28 placement of a school district on the education empowerment
29 list, the school district shall establish a school district
30 empowerment team to work with the academic advisory team
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1 established under subsection (c) to develop a school district
2 improvement plan.
3 (2) The school district empowerment team shall consist of
4 eleven (11) members, as follows:
5 (i) One (1) member of the board of school directors who may
6 be the president or a designated member of the board.
7 (ii) The superintendent of the school district.
8 (iii) The school business manager or the individual
9 responsible for the fiscal management of the school district.
10 (iv) A principal from a district school selected by all
11 principals in the district.
12 (v) A teacher from a district school selected by all
13 teachers in the district.
14 (vi) Two (2) parents of students from district schools, at
15 least one of whom has a child in a district school identified
16 under subsection (b).
17 (vii) A local representative of business.
18 (viii) A local community leader.
19 (ix) Two (2) members of the general public, which may
20 include local law enforcement, social service providers or
21 health care providers serving the school district.
22 (3) The board of school directors shall establish procedures
23 for selecting the parents, the business and community leaders
24 and members of the general public. The procedures shall ensure
25 public awareness of these openings and input from local parent
26 organizations, local business organizations and community and
27 civic organizations.
28 (4) The school district empowerment team shall elect a
29 chairperson from among its membership at its first meeting. No
30 school director or employe of the school district shall be
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1 eligible for election as chairperson.
2 (e) The school district improvement plan developed pursuant
3 to subsection (c) shall give priority consideration to
4 improvement of schools identified pursuant to subsection (b) and
5 shall set forth specific methods and goals for improving the
6 educational performance of each district school and the school
7 district, that include all of the following:
8 (1) Identification of districtwide academic standards, which
9 meet or exceed the academic standards under 22 Pa. Code, Ch. 4
10 (relating to academic standards and assessment).
11 (2) Performance goals, benchmarks and timetables to improve
12 academic performance for the school district and each school in
13 the school district that will enable the school district to be
14 removed from the education empowerment list.
15 (3) Revisions to the curriculum, instructional practices and
16 programming that will enable students to attain the academic
17 standards under paragraph (1).
18 (4) A system of assessments to measure the performance of
19 the school district, each school in the school district and
20 students in meeting the academic standards under paragraph (1).
21 (5) A system of academic accountability that provides for
22 specific consequences for students, each school in the school
23 district and administrators for attaining or failing to attain
24 levels of academic performance set forth in the school district
25 improvement plan.
26 (6) Specific procedures to inform parents or guardians and
27 the community of the performance of each school in the school
28 district and to increase their participation.
29 (7) Specific policies and procedures to increase the
30 authority to individual schools and responsibility for
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1 performance of individual schools, including granting individual
2 schools greater control of their personnel, budget and
3 educational program.
4 (8) A system of school selection that to the greatest extent
5 possible allows parents to choose the public school in the
6 district their child can attend.
7 (9) Professional development activities and programs that
8 will assist teachers and administrators in enabling students to
9 attain academic standards.
10 (10) Policies and procedures to assure a safe and secure
11 environment in schools in the district.
12 (f) The school district empowerment team shall hold at least
13 one public hearing prior to submitting its school district
14 improvement plan to the school board. Additionally, the plan
15 shall be made available for public inspection in the school
16 district offices for at least ten (10) days prior to its
17 submission to the board of school directors.
18 (g) The board of school directors shall transmit the final
19 school district improvement plan to the department with its
20 recommendations within one hundred twenty (120) days of the
21 establishment of the school district empowerment team under
22 subsection (d).
23 (h) The department shall return the school district
24 improvement plan to the board of school directors with its
25 approval or any request for modifications no later than thirty
26 (30) days following its submission. Any further modifications
27 made by the school district empowerment team shall be
28 transmitted to the department by the board of school directors.
29 (i) Amendments to an existing school district improvement
30 plan may be transmitted to the department, in a manner
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1 prescribed by the department, whenever the school district
2 empowerment team working with the board of school directors
3 determines that the amendments will improve the performance of
4 the school district.
5 Section 1704-B. Board of School Directors.--(a) The board
6 of school directors shall implement the school district
7 improvement plan. Notwithstanding any other provision of law to
8 the contrary, the board of school directors of a school district
9 on the education empowerment list may do any of the following
10 consistent with the school district improvement plan:
11 (1) Establish any school as a charter school under section
12 1707-B.
13 (2) Designate any school of the district as an independent
14 school operating under an agreement with the board of school
15 directors granting operational control to the governing body of
16 the independent school. The governing body of the independent
17 school, including its membership and selection process, shall be
18 established by the board of school directors. The governing body
19 shall include representatives of parents and teachers. A school
20 designated as independent under this paragraph shall have the
21 authority to decide all matters related to the operation of the
22 school, including the exercise of powers provided under this
23 article. The agreement between the board of school directors and
24 the independent school shall do the following, consistent with
25 the school district improvement plan:
26 (i) Describe the governance structure of the independent
27 school, including the method for the selection of members to the
28 governing body.
29 (ii) Prescribe the educational goals and mission of the
30 independent school and the curriculum to be offered.
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1 (iii) Describe the academic, fiscal and other goals and
2 objectives for which the independent school will be held
3 accountable and the evaluation criteria and procedures that will
4 be employed to determine whether the school is meeting its goals
5 and objectives.
6 (iv) Grant the independent school allocation of and control
7 over its funding and budget. An independent school shall be
8 considered a charter school for purposes of funding pursuant to
9 section 1725-A.
10 (v) Grant the independent school control of the educational
11 program and curriculum.
12 (vi) Prescribe the authority of the independent school to
13 establish working conditions, select and assign professional and
14 nonprofessional employes, establish nonteaching duties, extend
15 the length of the school year and schedule of the school day,
16 including holding class after regular hours.
17 (vii) Define the terms under which the agreement may be
18 terminated, extended or renewed.
19 (3) Employ professional staff in accordance with section
20 1724-A as it pertains to certification.
21 (4) Enter into contracts with an individual or a for-profit
22 or nonprofit organization, which shall be authorized to operate
23 a school and employ its own staff to provide educational
24 services.
25 (5) Reconstitute a school.
26 (6) Notwithstanding section 1125.1, reassign, suspend or
27 dismiss a professional employe.
28 (7) Supervise and direct principals, teachers and
29 administrators.
30 (8) Rescind without penalty the contract of the
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1 superintendent and other administrative personnel entered into
2 after the effective date of this article.
3 (9) Reallocate resources, amend school procedures, develop
4 achievement plans and implement testing or other evaluation
5 procedures for educational purposes.
6 (b) The board of school directors of a school district on
7 the education empowerment list shall submit an annual report to
8 the department that includes a list of all contracts entered
9 into by the board and any other information relating to the
10 implementation of this section as required by department
11 guidelines.
12 Section 1705-B. Education Empowerment Districts.--(a)
13 Except as provided in subsection (h), a school district on the
14 education empowerment list that does not meet the goals for
15 improving educational performance set forth in the school
16 district improvement plan and maintains a history of low test
17 performance at the end of the second school year following the
18 date of its placement on the list shall be certified by the
19 department as an education empowerment district and a Board of
20 Control shall be established. The department may allow the
21 school district to remain on the education empowerment list for
22 an additional school year prior to certifying the school
23 district as an education empowerment district if the department
24 determines that the additional year will enable the school
25 district to improve test performance and meet other goals set
26 forth in the school district improvement plan.
27 (b) The Board of Control shall be comprised of three members
28 as follows:
29 (1) the secretary, who shall serve as chairman, or a
30 designee; and
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1 (2) two members who are residents of a county in which the
2 school district is located and who shall be appointed by the
3 secretary within fourteen (14) days of the school district's
4 certification as an education empowerment district.
5 (c) No person who is an officer, board member or employe of
6 the school district shall be appointed to the Board of Control.
7 (d) Members of the Board of Control who are not employes of
8 the Commonwealth or a political subdivision shall receive
9 compensation under section 692.2.
10 (e) Vacancies on the Board of Control shall be filled in the
11 same manner as the original appointment.
12 (f) Members of the Board of Control shall serve at the
13 pleasure of the secretary.
14 (g) Actions of the Board of Control shall be by a majority
15 vote. A majority of the members appointed shall constitute a
16 quorum.
17 (h) (1) A board of control established under section 692
18 shall be abolished upon certification of the school district as
19 an education empowerment district. The school district shall be
20 operated by a Board of Control established under subsection (a).
21 The secretary may appoint the same individuals serving on the
22 board of control under section 692 to the Board of Control under
23 subsection (b).
24 (2) Sections 691 and 692 of this act shall not apply to a
25 school district certified as an education empowerment district.
26 (3) For a school district with a history of low test
27 performance that is certified as distressed for a minimum period
28 of two (2) years under sections 691 and 692 on the effective
29 date of this article, the department shall waive the inclusion
30 of the school district on the education empowerment list under
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1 section 1703-B(a), and immediately certify the school district
2 as an education empowerment district.
3 Section 1706-B. Powers and Duties of Board of Control.--(a)
4 Except for the power to levy taxes, the Board of Control may
5 exercise all other powers and duties conferred by law on the
6 board of school directors. In addition to the powers set forth
7 in section 1704-B(a), the Board of Control shall have the power
8 to close a district school.
9 (b) The department shall provide a Board of Control, in a
10 school district certified as an education empowerment district,
11 with a list of every school in that district with a history of
12 low test performance. These schools shall be listed based upon
13 the percentage of students with a history of low test
14 performance.
15 (c) The Board of Control shall review the school district
16 improvement plan in conjunction with the school district's
17 academic advisory team and the school district empowerment team.
18 Based on that review, the Board of Control shall develop a
19 revised school district improvement plan that meets the
20 requirements of section 1703-B(e). The revised plan shall be
21 submitted to the department for approval within one hundred
22 twenty (120) days of the appointment of the Board of Control.
23 Amendments shall be submitted as provided in section 1703-B(i).
24 (d) Following the submission of the revised school district
25 improvement plan by the Board of Control or upon restoration of
26 control to the board of school directors pursuant to section
27 1709-B, the school district's academic advisory team and the
28 school district empowerment team shall be dissolved.
29 Section 1707-B. Charter Schools.--(a) The board of school
30 directors of a school district on the education empowerment list
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1 as set forth in section 1704-B(a)(1) or a Board of Control
2 established under this article may approve a charter school
3 pursuant to Article XVII-A.
4 (b) Charter schools approved pursuant to this section shall
5 not be subject to sections 1717-A(b), (c), (d), (e), (f) and (g)
6 and 1722-A(c).
7 (c) The board of school directors or a Board of Control may
8 suspend or revoke a charter under section 1729-A.
9 Section 1708-B. School Improvement Grants.--(a) The
10 department shall establish a program of school improvement
11 grants for school districts on the education empowerment list or
12 certified as an education empowerment district to assist in the
13 implementation of their school district improvement plans.
14 (b) Grants shall be limited to the amount appropriated for
15 that purpose.
16 (c) Grants shall be provided annually to the school district
17 for use as directed by the school district empowerment team or
18 the Board of Control in implementing the school district
19 improvement plan developed pursuant to sections 1703-B and 1706-
20 B as follows:
21 (1) To purchase instructional materials, including
22 textbooks, technology and related educational materials and
23 supplies.
24 (2) To reduce class size in kindergarten through grade
25 three.
26 (3) To establish after-school, summer and weekend programs.
27 (4) To establish or expand full-day kindergarten program.
28 (5) To fund curriculum development.
29 (6) To fund enhanced staff professional development.
30 (7) To fund any other program contained in the school
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1 district improvement plan.
2 (d) The amount of the grant shall be up to seventy-five
3 dollars ($75) per average daily membership of the prior fiscal
4 year of the school district. The school district or the Board of
5 Control shall give priority in allocating the grant funding
6 received under this section to the individual schools identified
7 pursuant to sections 1703-B(b) and 1707-B(b).
8 (e) The department shall set forth the specific allowable
9 uses for grant funds and place conditions, as necessary, on the
10 use of grant funds. The department shall establish
11 accountability procedures and auditing guidelines to ensure that
12 grant funds are utilized in accordance with the allowable uses
13 and conditions.
14 (f) A school district receiving a grant under this section
15 shall be required to maintain separate accounts in that school
16 district's budget to facilitate monitoring the use of these
17 grant funds. In no case shall a school district use more than
18 five per centum of the grant funds for administrative costs.
19 (g) The department shall reduce the amount of a State
20 subsidy payment to a school district by the amount of any grant
21 funds provided under this section if the school district does
22 not use the grant funds in accordance with the allowable uses
23 and conditions set forth by the department.
24 Section 1709-B. Restoration of Control.--When a school
25 district on the education empowerment list, or certified as an
26 education empowerment district, no longer has a history of low
27 test performance and has reached the goals set forth in the
28 school district improvement plan, the department shall remove
29 the school district from the education empowerment list or
30 remove the certification as an education empowerment district.
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1 When the department removes a school district from the education
2 empowerment list or from certification as an education
3 empowerment district, the board of school directors shall
4 exercise the powers and duties imposed or conferred by law.
5 Section 1710-B. Annual Report to the Governor and General
6 Assembly.--(a) On or before October 1 of every year, the
7 department shall provide a report to the Governor and the
8 General Assembly regarding the implementation of this article
9 for the immediately preceding school year.
10 (b) The annual report shall contain the following
11 information:
12 (1) The names of school districts on the education
13 empowerment list, or certified as education empowerment
14 districts, and the date of placement on the list or
15 certification.
16 (2) A progress report consistent with the school district
17 improvement plans.
18 (3) The names of any school districts removed from the prior
19 year's education empowerment list, or which are no longer
20 certified as education empowerment districts.
21 (4) Any recommended changes to this article.
22 (c) The report shall be filed with the Governor's Office,
23 the Secretary of the Senate, the Chief Clerk of the House of
24 Representatives, the chairman and minority chairman of the
25 Education Committee of the Senate and the chairman and minority
26 chairman of the Education Committee of the House of
27 Representatives.
28 Section 1711-B. Collective Bargaining.--Nothing contained in
29 this article shall supersede or preempt any provisions of a
30 collective bargaining agreement between a school district and an
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1 employe organization in effect on the effective date of this
2 article.
3 Section 1712-B. Desegregation Orders.--Neither the board of
4 school directors nor a Board of Control in a school district
5 operating under a desegregation plan approved by the
6 Pennsylvania Human Relations Commission or a desegregation order
7 by a Federal or State court shall establish an independent
8 school, a charter school or contract with an individual, a for-
9 profit or nonprofit organization to operate a school if such
10 action would place the school district in noncompliance with its
11 desegregation order.
12 Section 1713-B. Mandate Waiver Program.--(a) Except as
13 otherwise provided in this section, the board of school
14 directors may adopt a resolution to apply for a waiver to any
15 provision of this act, the regulations of the State Board of
16 Education or the standards of the secretary if the waiver will
17 enable the school district to improve its instructional program
18 or operate in a more effective, efficient or economical manner.
19 (b) The application for a waiver shall be in a manner and in
20 a form developed by the department and shall:
21 (1) Specify the need for the waiver.
22 (2) Provide supporting data and information to explain the
23 benefits to be obtained by the waiver and, when applicable, to
24 explain the instructional program that will operate under the
25 waiver.
26 (3) Include an evaluation procedure to determine the
27 effectiveness of an innovative program or programs; the
28 effectiveness of a revised instructional program, which shall
29 include measures of student performance; and the effectiveness
30 of changes in the operations of the school district.
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1 (c) The application for a waiver shall be adopted by a
2 resolution of the board of directors at a regularly scheduled
3 meeting of the board. Prior to the board of directors
4 implementing the policies or procedures contained in the waiver,
5 approval by the department shall be required.
6 (d) The department shall have sixty (60) days from receipt
7 of the application to approve, disapprove or request
8 modifications to the application. If the department fails to act
9 within that time period, the waiver shall be deemed to be
10 approved.
11 (e) If the department disapproves the application for
12 waiver, the basis for the department's disapproval shall be
13 transmitted to the board of school directors. The board of
14 school directors may submit a revised application for a waiver.
15 (f) Three years from the implementation of the waiver, the
16 board of school directors shall submit to the department the
17 evaluation set forth in subsection (b)(3). When the evaluation
18 of a waiver indicates an improvement in student performance,
19 instructional program or school operations, the waiver shall be
20 renewed by the department and shall remain in effect, unless
21 rescinded by the board of school directors.
22 (g) The following provisions of this act shall not be
23 subject to waiver pursuant to this section: sections 108, 110,
24 111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,
25 443, 510, 518, 527, 701.1, 708, 736, 737, 738, 739, 740, 741,
26 752, 753, 755, 771, 776, 777, 808, 809, 810, 1303(a), 1310,
27 1317, 1317.1, 1317.2, 1318, 1327, 1327.1, 1330, 1332, 1361,
28 1366, 1501, 1502, 1513, 1517, 1518, 1521, 1523, 1546 and 1547;
29 provisions prohibiting discrimination; Articles VI, XI, XI-A,
30 XII, XIII-A, XIV, XVII-A and this article;
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1 (h) The following provisions of 22 Pa. Code (relating to
2 education) shall not be subject to waiver pursuant to this
3 section:
4 Ch. 4 (relating to academic standards and assessments).
5 Ch. 11 (relating to pupil attendance).
6 Ch. 12 (relating to students).
7 Ch. 14 (relating to special education services and programs).
8 Section 32.3 (relating to assurances).
9 Section 121.3 (relating to discrimination prohibited).
10 Section 235.4 (relating to practices).
11 Section 235.8 (relating to civil rights).
12 (i) The board of directors may not waive any Federal law or
13 State law applicable to a public school that is not within the
14 provisions of this act.
15 (j) The department shall issue an annual report to the
16 chairman and minority chairman of the Education Committee of the
17 Senate and the chairman and minority chairman of the Education
18 Committee of the House of Representatives listing all waiver
19 requests and department approvals or disapprovals under this
20 section.
21 (k) Nothing in this section shall be construed to supersede
22 or preempt any provisions of a collective bargaining agreement
23 in effect on the effective date of this section.
24 Section 1714-B. Applicability.--Nothing in this article
25 shall be construed to supersede or abrogate the following:
26 (1) The provisions of sections 507, 691 and 696 pertaining
27 to a city of the first class that is coterminous with a school
28 district of the first class or a school district of the first
29 class A.
30 (2) Sections 751, 751.1, 755, 756 and 757 to the extent that
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1 these sections are not inconsistent with the "Public Works
2 Contractors' Bond Law of 1967."
3 (3) Section 1 of the act of May 1, 1913 (P.L.155, No.104),
4 entitled "An act regulating the letting of certain contracts for
5 the erection, construction, and alteration of public buildings,"
6 the act of August 15, 1961 (P.L.987, No.442), known as the
7 "Pennsylvania Prevailing Wage Act" and the act of March 3, 1978
8 (P.L.6, No.3), known as the "Steel Products Procurement Act."
9 (4) Nonpublic transportation as provided in section 1361.
10 (5) A requirement of Federal law.
11 Section 2. All acts and parts of acts are repealed insofar
12 as they are inconsistent with this act.
13 Section 3. This act shall take effect July 1, 2000, or
14 immediately, whichever is later.
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