PRIOR PRINTER'S NO. 1194 PRINTER'S NO. 1997
No. 1021 Session of 2007
INTRODUCED BY LONGIETTI, ROEBUCK, BIANCUCCI, CALTAGIRONE, COHEN, CURRY, DePASQUALE, EACHUS, FABRIZIO, FRANKEL, GEORGE, GRUCELA, HORNAMAN, W. KELLER, KORTZ, LEACH, MANDERINO, MANN, MYERS, PETRARCA, McILVAINE SMITH, STURLA, SURRA, THOMAS, WANSACZ, YOUNGBLOOD, JAMES, McGEEHAN, HARKINS, GIBBONS AND SIPTROTH, APRIL 5, 2007
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 20, 2007
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," establishing the Common Cents 6 Program. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known 10 as the Public School Code of 1949, is amended by adding an 11 article to read: 12 ARTICLE VIII-A 13 COMMON CENTS PROGRAM 14 Section 801-A. Definitions. 15 The following words and phrases when used in this article 16 shall have the meanings given to them in this section unless the 17 context clearly indicates otherwise:
1 "Department." The Department of Education of the 2 Commonwealth. 3 "INTERMEDIATE UNIT COUNCIL." A COUNCIL AS ESTABLISHED UNDER <-- 4 SECTION 916-A. 5 "Participating intermediate unit." An intermediate unit that 6 has been selected to participate in the program. 7 "Participating school district." A school district that has 8 agreed to participate in the program. 9 "Program." The Common Cents Program established under this 10 article. 11 Section 802-A. Establishment. 12 There is established in the department the Common Cents 13 Program. The purpose of the program shall be to encourage school 14 districts to share services with one another in order to 15 increase the efficient use of taxpayer resources and improve 16 service delivery for students. 17 Section 803-A. Application. 18 (a) Decision.--At a meeting of each intermediate unit 19 council held before September OCTOBER 1 of each year, the school <-- 20 districts within each intermediate unit shall decide by majority 21 vote whether the intermediate unit shall apply to participate in 22 this program on their behalf. Two intermediate units may apply 23 jointly if the school districts contained within the 24 intermediate units agree, but an intermediate unit may not apply 25 to participate in the program more than once in each fiscal 26 year. 27 (b) Submittal.--Applications shall be submitted to the 28 department by October NOVEMBER 1 of each year. Applications <-- 29 shall be submitted on a form and in a manner as is required by 30 the department. Each application shall include a resolution by 20070H1021B1997 - 2 -
1 the board of school directors of each school district setting 2 forth its agreement to participate in the study and certifying 3 that it will comply with the requirements of section 807-A. 4 Section 804-A. Selection. 5 (a) Competitive basis.--Participating intermediate units 6 will be selected on a competitive basis at the discretion of the 7 department. 8 (b) Preference.--Preference for participation shall be given 9 to applications that include all of the school districts in an 10 intermediate unit and to joint intermediate unit applications. 11 (c) Regional diversity.--Participating intermediate units 12 will be selected so as to ensure regional diversity throughout 13 this Commonwealth. 14 Section 805-A. Contract with consultant. 15 (a) Consultation services.--The department shall enter into 16 a contract to obtain consultant services to conduct a study of 17 specific services or activities across school districts 18 participating in the program and to make recommendations about 19 combining services and activities across school districts within 20 each participating intermediate unit in order to promote 21 improved service delivery, efficiency and economy of operation. 22 The scope of consultant services shall include the creation of 23 the implementation plan referenced under section 807-A(d). The 24 study recommendations shall include all of the following: 25 (1) Transportation. 26 (2) Food services and nutrition. 27 (3) Instructional services. 28 (4) Safety and security. 29 (5) Health services. 30 (6) Purchasing. 20070H1021B1997 - 3 -
1 (7) Finance and payroll. 2 (8) Facilities and real estate. 3 (9) Human resources. 4 (10) Technology services. 5 (11) Administration. 6 (b) Nature of recommendations.--Recommendations of the study 7 shall not be binding upon any participating school district. 8 (c) Scope of recommendations.--Recommendations of the study 9 may include sharing of services or activities with a 10 municipality. 11 Section 806-A. Advisory panel. 12 (a) Appointment.--The department shall appoint an advisory 13 panel to review this act to determine whether any provisions of 14 this act would be barriers to consolidating the services listed 15 under section 805-A(a). The advisory panel shall report the 16 results of its review to the Governor, the chairmen and minority 17 chairmen of the Appropriations Committee and the Education 18 Committee of the Senate and the chairmen and minority chairmen 19 of the Appropriations Committee and the Education Committee of 20 the House of Representatives no later than six months after the 21 effective date of this section. 22 (b) Composition.--The advisory panel shall consist of at 23 least two of each of the following: 24 (1) A school district superintendent. 25 (2) A school district business manager. 26 (3) A school board member. 27 (4) An intermediate unit administrator. 28 (5) A teacher. 29 (6) A consultant with experience in organizational 30 management and gaining efficiencies within and across 20070H1021B1997 - 4 -
1 organizations. 2 Section 807-A. Duties of intermediate units and school 3 districts. 4 (a) Participation in study.--Participating school districts 5 and intermediate units shall do all of the following: 6 (1) Cooperate with the consultant during the conduct of 7 the study. 8 (2) Provide data and information requested by the 9 consultant if the disclosure is consistent with Federal or 10 State laws protecting the confidentiality of certain 11 information. 12 (3) Make staff available to be interviewed. 13 (b) Meetings.--Upon receipt of the consultant report, each 14 school district that participated in the study shall hold no 15 fewer than one public meeting to present the consultant's 16 recommendations and seek public input. Each school district 17 shall post the consultant report on its Internet website for at 18 least 30 days and shall announce the date of the public meeting 19 at the immediately prior public meeting of the board of school 20 directors. 21 (c) Pursuit of recommendations.--Within six months of the 22 receipt of the consultant report, the board of school directors 23 shall vote separately on whether to pursue each recommendation 24 contained in the consultant report. The board shall forward the 25 results of each resolution to the intermediate unit and the 26 department. 27 (d) Review.--At the intermediate unit council meeting that 28 immediately follows the voting of each board of school directors 29 of the school district, the intermediate unit council shall 30 review the resolutions of each board of school directors and 20070H1021B1997 - 5 -
1 shall request in writing that the consultant create a plan for 2 the implementation of any recommendations approved by the school 3 districts, regardless of whether the recommendation was approved 4 by all of the school districts in the intermediate unit. The 5 implementation plan may include a list of potential vendors for 6 each of the services to be provided, INCLUDING THE INTERMEDIATE <-- 7 UNIT, but the consultant may not recommend a single vendor. Only 8 those school districts approving the recommendation shall be 9 part of the implementation plan. The intermediate unit council 10 shall forward the implementation plan to the school districts. 11 (e) Cost savings.--Cost savings resulting from 12 implementation of the consultant recommendations shall be spent 13 for academic purposes in the schools of the school district, 14 after deducting any one-time expenditures required for the 15 implementation of the recommendations. Academic purposes include 16 professional development, student supplies, textbooks, classroom 17 technology, school safety, improvement of classroom facilities 18 or any other instructional activity directly affecting student 19 performance or the learning environment. 20 (f) Report.--Participating intermediate units and school 21 districts shall report to the department in the form and at the 22 times as determined by the department. 23 Section 808-A. Duties of department. 24 (a) Contract.--The department shall enter into a contract 25 for consulting services as provided in section 805-A. 26 (b) Guidelines and forms.--The department shall establish 27 guidelines and develop forms as are necessary for the proper 28 implementation of the grant program. 29 (c) Results.--The department shall publish on its Internet 30 website the results of each study conducted through the program 20070H1021B1997 - 6 -
1 and any implementation plans. 2 (d) Report.--The department shall submit an annual report on 3 the program to the chairman and minority chairman of the 4 Appropriations Committee and the chairman and minority chairman 5 of the Education Committee of the Senate and the chairman and 6 minority chairman of the Appropriations Committee and the 7 chairman and minority chairman of the Education Committee of the 8 House of Representatives. 9 Section 2. This act shall take effect July 1, 2007, or 10 immediately, whichever is later. B6L24MSP/20070H1021B1997 - 7 -