THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY VANCE, BAKER, BROWNE, COSTA, EARLL, FOLMER, FONTANA, O'PAKE, ORIE, RAFFERTY, WASHINGTON, M. WHITE AND WONDERLING, FEBRUARY 24, 2009

SENATE AMENDMENTS TO HOUSE AMENDMENTS, MAY 25, 2010   

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," in school districts, further

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providing for State report card; providing for value-added

assessment system and for school report card; in

certification of teachers, further providing for certificates

qualifying persons to teach and for kinds of State

certificates; providing for postbaccalaureate certification;

and further providing for disqualifications relating to

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teacher's certificate; in school health services, providing

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for medical examinations of teachers and other persons; and,

in education empowerment, further providing for boards of

control in certain school districts and for expiration.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1201 of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949,

amended January 14, 1970 (1969 P.L.468, No.192), is amended to

read:

Section 1.  Section 220(a)(2) of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949,

amended July 7, 2006 (P.L.611, No.94), is amended to read:

Section 220.  State Report Card.--(a)  The department shall

create a State Report Card based on the information collected

pursuant to this section. The department:

* * *

(2)  Shall publish on its World Wide Web site the State

Report Card, providing information at the State, local education

agency and school levels. The State Report Card shall include

all of the following:

(i)  Information regarding the number of schools and school

districts that have achieved adequate yearly progress and the

number of schools and school districts that have not achieved

adequate yearly progress.

(ii)  Information regarding the number of schools and school

districts that have achieved each academic performance target

and the number of schools and school districts that have not

achieved each academic performance target.

(iii)  Information regarding the number of schools and school

districts in which more than five percent (5%) of the students

to whom the PSSA test was administered were enrolled in the

school district for less than two (2) school years as of the day

on which the PSSA test was administered.

(iv)  Information regarding the number of schools and school

districts identified under subparagraph (iii) that have achieved

each academic performance target and the number of schools and

school districts that have not achieved each academic

performance target. For the purposes of this subparagraph,

achievement of the academic performance target shall be

calculated by excluding the PSSA test score of any student who

was enrolled in the school district for less than two (2) school

years as of the day on which the PSSA test was administered.

(v)  Information regarding the number of schools and school

districts in which more than five percent (5%) of the students

to whom the PSSA test was administered were classified as

limited English proficient as of the day on which the PSSA test

was administered.

(vi)  Information regarding the number of schools and school

districts identified under subparagraph (v) that have achieved

each academic performance target and the number of schools and

school districts that have not achieved each academic

performance target. For the purposes of this subparagraph,

achievement of the academic performance target shall be

calculated by excluding the PSSA test score of any student who

was classified as limited English proficient as of the day on

which the PSSA test was administered.

(vii)  Information regarding the number of schools and school

districts in which more than sixteen percent (16%) of the

students to whom the PSSA test was administered were classified

as students with a disability as of the day on which the PSSA

test was administered.

(viii)  Information regarding the number of schools and

school districts identified under subparagraph (vii) that have

achieved each academic performance target and the number of

schools and school districts that have not achieved each

academic performance target. For the purposes of this

subparagraph, achievement of the academic performance target

shall be calculated by excluding the PSSA test score of any

student who was classified as a student with a disability as of

the day on which the PSSA test was administered.

(ix)  A list of the schools, including public elementary and

secondary schools, charter schools, cyber charter schools and

area vocational-technical schools, that scored in the lowest

measured group of five percent (5%) in either math or reading on

the most recent Pennsylvania System of School Assessment test or

any other test established by the State Board of Education to

meet the requirements of section 2603-B(d)(10)(i) pursuant to 22

Pa. Code § 403.3 (relating to single accountability system).

With the exception of cyber charter schools, the list shall

exclude all schools that are part of or located within a school

district of the first class.

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Section 2.  The act is amended by adding sections to read:

Section 221.  Value-added Assessment System.--(a)  Beginning

on the effective date of this section, the Department of

Education shall make available on its publicly accessible

Internet website the following:

(1)  Value-added assessment system data for the school

district level and the school level. The Department of

Education's disclosure of value-added assessment system data

shall be subject to the Family Educational Rights and Privacy

Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a

successor Federal statute.

(2)  Instructions that may assist the public in understanding

and interpreting the data provided under paragraph (1).

(b)  For purposes of this section:

"Value-added assessment system" shall mean a statistical

analysis of results on the Pennsylvania System of School

Assessment test or any other test established by the State Board

of Education to meet the requirements of section 2603-B(d)(10)

(i) pursuant to 22 Pa. Code § 403.3 (relating to single

accountability system) that uses measures of student learning to

enable the estimation of school or school district statistical

distributions.

Section 222.  School Report Card.--(a)  Within thirty (30)

days after being identified by the Department of Education under

section 220(a)(2)(ix) as scoring in the lowest measured five

percent (5%) in math or reading on the most recent Pennsylvania

System of School Assessment test or any other test established

by the State Board of Education to meet the requirements of

section 2603-B(d)(10)(i) pursuant to 22 Pa. Code § 403.3

(relating to single accountability system), the governing body

of the school shall post a school report card on the school's or

school district's publicly accessible Internet website. The

governing body of the school shall provide a paper copy of the

school report card to any resident of the school district upon

request. The governing body may comply with this section by

including the information required under subsection (b) in a

report card distributed in compliance with the No Child Left

Behind Act or its successor Federal statute.

(b)  The Department of Education shall establish guidelines

for the contents of the school report card, which shall include:

(1)  Subject to the Family Educational Rights and Privacy Act

of 1974 (Public Law 90-247, 20 U.S.C. § 1232g) or a successor

Federal statute, all value-added assessment system data

generated for the school district and the school.

(2)  A statement that the school scored in the lowest

measured five percent (5%) in either math or reading on the most

recent Pennsylvania System of School Assessment test or any

other test established by the State Board of Education to meet

the requirements of section 2603-B(d)(10)(i) pursuant to 22 Pa.

Code § 403.3.

(3)  Notification of the following:

(i)  That a student attending the school may transfer to

another school of the student's grade level within the school

district upon the request of a parent, consistent with

provisions of the No Child Left Behind Act (Public Law 107-110,

115 Stat. 1425) or its successor Federal statute related to

intradistrict transfers.

(ii)  Whether there are other schools of the student's grade

level within the school district. If there are other schools of

the student's grade level within the school district, the school

report card shall include:

(A)  A list of other schools of the student's grade level

within the school district.

(B)  For each school listed under clause (A), the information

required under paragraph (1).

(iii)  Instructions for exercising the student's option to

transfer to a school listed under subparagraph (ii)(A),

consistent with provisions of the No Child Left Behind Act or

its successor Federal statute related to intradistrict

transfers.

(4)  Instructions for interpreting the information required

to be provided under subsection (b)(1).

(5)  Contact information for a school employe to whom parents

may direct questions concerning the school report card.

Section 3.  Section 1201 of the act, amended January 14, 1970

(1969 P.L.468, No.192), is amended to read:

Section 1201.  Certificates Qualifying Persons to Teach.--

Only those persons holding one of the following certificates

shall be qualified to teach in the public schools of this

Commonwealth--(1) Permanent college certificate, (2) provisional

college certificate, (3) normal school diploma, (4) normal

school certificate, (5) special permanent certificate, (6)

special temporary certificate, (7) permanent State certificate,

(8) residency certificate, (9) intern certificate, (10) 

certificates which are permanent licenses to teach by virtue of

the provisions of section one thousand three hundred eight of

the act, approved the eighteenth day of May, one thousand nine

hundred eleven (Pamphlet Laws 309), as amended, which is

repealed hereby, or [(9)] (11) such other kinds of certificates

as are issued under the standards prescribed by the State Board

of Education. The State Board of Education shall also provide

for issuance of certificates by district superintendents to meet

such emergencies or shortage of teachers as may occur.

Section 2 4.  Sections 1203 and 1206 of the act are amended

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to read:

Section 1203.  Kinds of State Certificates.--(a)  State

certificates hereafter granted shall include the following:

Provisional College Certificates,

Permanent College Certificates,

Certificates issued by other states and validated by the

Superintendent of Public Instruction,

Special Temporary Certificates,

Special Permanent Certificates[.],

Residency Certificates,

Intern Certificates.

(b)  All persons receiving any of such certificates shall

have qualifications not less than graduation from a State

Teachers' College of this Commonwealth, or equivalent training.

Postbaccalaureate certification programs, including residency,

intern and administrative certification programs completed under

section 1207.1 are equivalent training for purposes of this act.

(c)  Every college certificate shall set forth the names of

the college or university from which its holder was graduated.

State certificates shall entitle their holders to teach in every

part of this Commonwealth for the terms herein specified.

Section 1206.  Certificates Issued by Other States.--[The

Superintendent of Public Instruction may validate in this

Commonwealth teachers' certificates issued by other states, or

by the State normal schools or colleges of other states, whose

requirements are equivalent to those of this Commonwealth. Such

validation of certificates may be revoked by the Superintendent

of Public Instruction at any time.] (a)  Candidates holding a

valid instructional certificate issued by another state may be

eligible for comparable Pennsylvania certification provided that

the candidate meets the following requirements:

(1)  Holds a bachelor's degree from a regionally accredited

college or university.

(2)  Has at least three (3) years of successful professional

experience.

(3)  Demonstrates subject matter competency in the applicable

area of Pennsylvania certification.

(4)  Satisfies the requirements of section 1209.

(b)  The Secretary of Education shall adopt standards and

guidelines as necessary to implement this section.

Section 3 5.  The act is amended by adding a section to read:

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Section 1207.1.  Postbaccalaureate Certification.--(a)

Notwithstanding any other provision of law to the contrary, the

Secretary of Education shall have all of the following powers

and duties with regard to postbaccalaureate certification

programs:

(1)  Evaluate and approve, in accordance with this section,

all postbaccalaureate certification programs, including

accelerated programs, leading to the certification of

professional personnel including intern certification programs,

residency certification programs and administrative

certification programs.

(2)  Evaluate and approve qualified providers of

postbaccalaureate certification programs, which may include

providers other than institutions of higher education.

(3)  Develop guidelines for the approval of postbaccalaureate

instructional certification programs, which shall include:

(i)  Instruction and training in the following:

(A)  Educational strategies for the designated subject area.

(B)  Child development specifically related to the level of

the certificate sought.

(C)  Professional ethics and responsibilities.

(D)  Pennsylvania academic standards.

(E)  Assessment knowledge and skills.

(F)  Accommodations and adaptations for students with

disabilities in an inclusive setting.

(G)  Strategies for meeting instructional needs of English

language learners.

(ii)  Requirements for candidate oversight and mentoring that

include field placement, student teaching, classroom

observations and ongoing support for novice educators in

partnership with local education agencies during their induction

period, including observation, consultation and assessment that

includes close supervision by a professional employe.

(4)  Issue certificates in accordance with this section to

qualified candidates.

(5)  Adopt standards and guidelines as necessary to implement

this section.

(b)  (1)  The Secretary of Education may make a one-time

issuance of a residency certificate for service in a specific

shortage area of instruction in public schools of this

Commonwealth to an applicant who meets all of the following:

(i)  Satisfies the requirements specified under section 1209.

(ii)  Meets one of the following:

(A)  Holds a doctoral degree from an accredited college or

university in the subject area of shortage.

(B)  Holds a master's degree from an accredited college or

university in the subject area of shortage and has at least two

(2) years of work experience in the subject area or related

field.

(C)  Holds a bachelor's degree from an accredited college or

university in the subject area of shortage and has at least five

(5) years of work experience in the subject area or related

field.

(iii)  Is continuously enrolled in an approved residency

program.

(iv)  Presents evidence of satisfactory achievement on the

appropriate subject area content test.

(2)  A residency certificate shall be valid for three (3)

years of teaching in the public schools of this Commonwealth in

the area for which it applies.

(3)  The Secretary of Education shall have all of the

following powers and duties related to the issuance of residency

certificates:

(i)  Identify areas of certification in which there is a

Statewide or regional shortage of qualified teachers.

(ii)  Develop guidelines for the residency program in

accordance with subsection (a).

(iii)  Issue residency certificates to qualified applicants.

(iv)  Report annually to the State Board of Education on the

number of residency certificates issued under this section.

(4)  A residency certificate may be converted to an

Instructional I Certificate upon the completion of all residency

program requirements under Department of Education guidelines

and the completion of three (3) years of satisfactory teaching

in the public schools of this Commonwealth.

(c)  (1)  Postbaccalaureate instructional intern

certification programs shall provide flexible and accelerated

pedagogical training to teachers who have demonstrated subject

matter competency in a subject area related to their

certification, provided that the first year of teaching includes

a minimum of one classroom observation each month by an approved

postbaccalaureate certification program provider.

(2)  The Secretary of Education may make a one-time issuance

of a postbaccalaureate instructional intern certificate for

service in a specific area of instruction to candidates who, in

addition to meeting the requirements of section 1209, present

evidence of satisfactory achievement on the department-

prescribed subject matter assessments related to the area of

certification and hold a bachelor's degree from an accredited

college or university. This certificate shall require continuing

enrollment in an approved postbaccalaureate instructional intern

certification program.

(3)  A postbaccalaureate instructional intern certificate

shall be valid for three (3) years of teaching in the public

schools of this Commonwealth and may not be renewed.

(4)  A candidate shall be issued an Instructional I

Certificate upon successful completion of the approved

postbaccalaureate instructional intern program provided that the

candidate has satisfied the requirements of section 1209.

(d)  (1)  Notwithstanding any other provision of law, no

person shall be granted an administrative certificate by the

Department of Education unless:

(i)  The candidate holds a bachelor's degree from a

regionally accredited college or university.

(ii)  The candidate has had three (3) years of relevant

professional experience.

(iii)  The candidate satisfies the requirements of section

1209.

(iv)  The candidate has completed in a college or university

a graduate program in education approved by the Department of

Education or has provided to the Secretary of Education

satisfactory evidence that the candidate has successfully

completed a leadership development program that meets the

Pennsylvania school leadership standards under section 1217.

(2)  The Secretary of Education may adopt standards and

guidelines as necessary to implement this section.

(e)  Notwithstanding any other provision of law, no candidate

for certification or admission into a certification preparation

program who holds a bachelor's degree from a regionally

accredited college or university shall be required to complete

the academic preparation requirements of 22 Pa. Code Ch. 354

(relating to preparation of professional educators).

Section 4 6.  Section 1209 of the act, amended April 15, 1959

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(P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended

to read:

Section 1209.  Disqualifications.--No teacher's certificate

shall be granted to any person who [has]:

(1)  Has not submitted, upon a blank furnished by the

[Superintendent of Public Instruction] Secretary of Education, a

certificate from a physician [legally qualified to practice

medicine], certified registered nurse practitioner or physician

assistant licensed or certified in this Commonwealth, or in any

other state or the District of Columbia, setting forth that

[said] the applicant is [neither mentally nor physically

disqualified, by reason of tuberculosis or any other

communicable disease or by reason of mental disorder] not

disqualified by reason of a mental or physical disability or a

communicable disease from the successful performance of the

[duties of a teacher; nor to any person who has not] essential

functions of a teacher with or without a reasonable

accommodation.

(2)  Does not have a good moral character[, or who is].

(3)  [in the habit of using opium or other narcotic drugs in

any form, or any intoxicating drink as a beverage, or to any  

applicant who has a major physical disability or defect unless

such a person submits a certificate signed by an official of the

college or university from which he was graduated or of an

appropriate rehabilitation agency, certifying that in the

opinion of such official the applicant, by his work and

activities, demonstrated that he is sufficiently adjusted,

trained and motivated to perform the duties of a teacher,

notwithstanding his impediment.] Engages in the illegal use of

controlled substances or alcoholic beverages. An applicant for

certification may overcome the disqualification under this

paragraph and receive a teaching certificate if the applicant is

reviewed by the Department of Education pursuant to the

requirement of paragraph (2) and determined to be of good moral

character.

Section 7.  Section 1418(d) of the act, amended July 14, 1971

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(P.L.229, No.47), is amended to read:

Section 1418.  Medical Examinations of Teachers and Other

Persons.--* * *

(d)  Medical examinations shall be made by the school

physician of the district if provision therefor is made by the

district or joint school board or by a physician, certified

registered nurse practitioner or physician assistant of the

employe's own choice [legally qualified to practice medicine and

surgery or osteopathy or osteopathic surgery in the] licensed or

certified in this Commonwealth.

Section 8.  Section 1707-B of the act, amended November 22,

2000 (P.L.672, No.91) and July 20, 2007 (P.L.278, No.45), is

amended to read:

Section 1707-B.  Boards of Control for Certain School

Districts.--(a)  The General Assembly finds and declares as

follows:

(1)  In addition to the operation of failing school districts

by a state, other jurisdictions across the nation are utilizing

other models to reform failing urban school districts in which

the chief executive of the city government is empowered to

control the governance of the public schools serving the city.

For example, Chicago has implemented a reform model operated by

the mayor.

(2)  In this Commonwealth, the Mayor of the City of

Philadelphia, a city of the first class coterminous with a

school district of the first class, recently was empowered by

amendments to the home rule charter immediately to appoint all

members of the Board of Education of the School District of

Philadelphia to serve at his pleasure. In no other school

district of the Commonwealth is the mayor or chief executive of

a municipality empowered to control or affect the governance of

school districts. Under the home rule charter amendments, the

Mayor of Philadelphia will have significant input into the

development and implementation of any school district

improvement plan adopted under section 1703-B and the school

district generally.

(3)  In order to assess the effectiveness of a mayor-led

system of school governance in other large city school districts

in this Commonwealth which have a history of extraordinarily low

test performance, a pilot program under this section shall be

established for certain school districts of the second class

coterminous with cities that have opted under the act of July

15, 1957 (P.L.901, No.399), known as the "Optional Third Class

City Charter Law," or 53 Pa.C.S. Pt. III Subpt. E (relating to

home rule and optional plan government) to be governed by a

mayor-council form of government.

(a.1)  For a school district of the second class which has a

history of extraordinarily low test performance, which is

coterminous with a city of the third class that has opted under

the "Optional Third Class City Charter Law" or 53 Pa.C.S. Pt.

III Subpt. E to be governed by a mayor-council form of

government and which has a population in excess of forty-five

thousand (45,000), the secretary shall waive the inclusion of

the school district on the education empowerment list under

section 1703-B(a) and immediately certify the school district as

an education empowerment district. [No school district shall be

certified under this section later than December 31, 2005.]

(b)  (1)  A board of control in an education empowerment

district certified under this section shall consist of seven (7)

residents of the school district, five (5) of whom shall be

appointed by the mayor of the coterminous city within fourteen

(14) days of the certification of the school district as an

education empowerment district and two (2) of whom shall be

elected by and from the members of the elected board of school

directors.

(1.1)  Beginning July 1, 2010, a board of control in an

education empowerment district certified under this section

shall consist of seven (7) members, five (5) of whom shall be

appointed by the mayor of the coterminous city and two (2) of

whom shall be elected by and from the members of the elected

board of school directors.

(1.2)  On December 1 immediately following the first general

election after the board of control appointed under paragraph

(1.1) has been in place for at least twelve (12) months, the

board of control shall consist of four (4) members who shall be

appointed by the mayor of the coterminous city and three (3)

members who shall be elected by and from the members of the

elected board of school directors, one (1) of whom shall be

subject to the approval of the mayor of the coterminous city.

(1.3)  On December 1 immediately following the second general

election after the board of control appointed under paragraph

(1.1) has been in place for at least twelve (12) months, the

board of control shall consist of three (3) members who shall be

appointed by the mayor of the coterminous city and four (4)

members who shall be elected by and from the members of the

elected board of school directors, two (2) of whom shall be

subject to the approval of the mayor of the coterminous city.

(1.4)  Beginning July 1, 2010, the residency of the members

of the board of control shall be as follows:

(i)  One (1) of the members of the board of control appointed

by the mayor of the coterminous city shall be a resident of the

county in which the school district is located, but shall not be

a resident of the school district.

(ii)  The remaining members of the board of control appointed

by the mayor of the coterminous city and all members of the

board of control elected by and from the members of the elected

board of school directors shall be residents of the school

district.

(2)  The members of the board of control that are elected by

and from the members of the elected board of school directors

shall serve on the board of control for a period of time

concurrent with their terms of office as members of the elected

board of school directors and are not subject to removal by the

mayor.

(3)  The members of the board of control that are not elected

by and from the members of the elected board of school directors

shall serve at the pleasure of the mayor.

(4)  The mayor of the coterminous city shall select one (1)

member of the board of control to serve as chairperson.

(5)  No person who is an officer, board member or employe of

the school district shall be appointed to the board of control.

(6)  Members of the board of control who are not employes of

the Commonwealth or a political subdivision shall receive

compensation under section 692.2.

(7)  Vacancies on the board of control shall be filled in the

same manner as the original appointment.

(8)  Actions of the board of control shall be by a majority

vote. A majority of the members appointed shall constitute a

quorum.

(c)  (1)  The authority granted to a board of school

directors under section 1704-B(a) shall be exercised by the

board of control of an education empowerment district certified

under this section. The provisions of [sections 1705-B(c), (d),

(e) and (g),] 1706-B and 1708-B(a) shall be applicable to a

board of control appointed under subsection (b).

(2)  The provisions of sections 693, 694 and 695 relating to

special boards of control shall apply to a board of control

under this section.

(d)  Within thirty (30) days of the certification of an

education empowerment district under this section, the mayor

shall appoint a school district empowerment team under section

1703-B(d)(2) to develop a school district improvement plan under

section 1703-B(e). The mayor or a designee shall serve as

chairman of the school district empowerment team.

(e)  The school district improvement plan under subsection

(d) shall be transmitted by the board of control to the

department within one hundred twenty (120) days of the

appointment of the school district empowerment team. The

department shall return the school district improvement plan to

the board of control with its approval or any request for

modifications within thirty (30) days following its submission.

Any further modifications made by the school district

empowerment team shall be transmitted to the department by the

board of control.

(f)  When the department has determined that a school

district certified as an education empowerment district under

this section [no longer has a history of low test performance]

has met its academic performance targets as approved by the

department for two consecutive years and has reached the goals

set forth in the school district improvement plan, the

department shall remove the certification as an education

empowerment district [as provided under section 1710-B, except

that no certification removal of a school district initially

certified under subsection (a.1) shall be made for a period of

at least five (5) years]. When the department removes a school

district from certification as an education empowerment

district, the board of control shall dissolve and all powers and

duties vested in the board of control shall revert to the

elected board of school directors.

(g)  A school district certified as an education empowerment

district under this section shall not have its certification

removed as a result of the reports of the Bureau of the Census

or any change in classification of municipalities or school

districts.

Section 9.  Section 1716-B of the act, added May 10, 2000

(P.L.44, No.16), is amended to read:

Section 1716-B.  Expiration.--[This] (a)  Except as provided

in subsection (b) or section 1704-B, the provisions of this 

article shall expire June 30, 2010.

(b)  For purposes of any board of control that is created

under or subject to section 1707-B, all provisions of this

article shall expire June 30, 2013, except that sections 1705-B,

1710-B, 1714-B and 1714.1-B shall expire for all purposes on

June 30, 2010.

Section 5 10.  Any regulations of the Department of Education

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that are inconsistent with this act are hereby abrogated to the

extent of the inconsistency.

Section 6 11.  This act shall take effect immediately.

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