THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FERLO, COSTA, FONTANA, SOLOBAY AND FARNESE, FEBRUARY 2, 2012

REFERRED TO EDUCATION, FEBRUARY 2, 2012  

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," reenacting and amending provisions

relating to school boards and educational empowerment.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1704-B(c) of the act of March 10, 1949

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

amended or added July 11, 2006 (P.L.1092, No.114) and July 9,

2008 (P.L.846, No.61), is reenacted and amended to read:

Section 1704-B.  Board of School Directors.--* * *

(c)  (1)  In addition to all current rights, powers,

privileges, prerogatives and duties, a board of school directors

of a school district that has been placed on the empowerment

list due to the designation by the secretary as a Commonwealth

partnership school district shall have the power to cancel or

renegotiate any contract, other than collective bargaining

agreements, for the purpose of making necessary economies in the

operation of the schools within the school district; eliminate

nonprofessional positions for services nonessential for the

operation of the school district; or enter into agreements with

individuals, for-profit or nonprofit organizations for the

operation of school buildings or groups of school buildings or

for the provision of educational or other types of services to

or for the school district.

(2)  The superintendent shall be responsible for the

implementation of a system of performance review of school

administrators, as approved by the board of school directors.

Administrator performance shall be evaluated on the basis of

abilities and effectiveness to manage the operation of the

school facilities and staff, manage resources, provide

instructional leadership, implement and administer the school

budget and promote and maintain a positive educational learning

environment.

(3)  Based upon an unsatisfactory review and evaluation of a

school administrator arising from the implementation of the

program established in paragraph (2), a board of school

directors may reassign, transfer or suspend the school

administrator without regard to section 1125.1 or 1151.

(4)  Based upon an unsatisfactory review and evaluation of a

school administrator arising from the implementation of the

program established in paragraph (2), a board of school

directors may dismiss the school administrator pursuant to the

procedure contained in section 1127, provided that the board of

school directors shall afford the school administrator notice

and an opportunity to be heard pursuant to 2 Pa.C.S. Ch. 5

Subch. B (relating to practice and procedure of local agencies).

(4.1)  In addition to powers enumerated in this act, a school

district designated as a Commonwealth partnership school

district may dispose of unused and unnecessary lands and

buildings, if such buildings are in excess of twenty-five (25)

years of age, in the following manner, notwithstanding the

provisions of section 707 of this act:

(i)  By negotiated sale, provided the district has an

affidavit of at least three (3) persons who are familiar with

the value of real estate in the locality in which the lands and

buildings proposed to be sold are located, who have examined the

property and set forth a value for the property and who opine

that the consideration for the property is equal to or better

than that which could be received by sealed bid. The sale price

shall not be less than the highest value set forth in the three

(3) affidavits.

(ii)  By entering into agreements with an urban redevelopment

authority organized under the act of May 24, 1945 (P.L.991,

No.385), known as the Urban Redevelopment Law, under which the

district may convey property to the authority for the purpose of

the authority facilitating the conveyance of the property

consistent with the goals of the school district and the

authority.

(5)  [As used in] For purposes of this subsection, ["school

administrator" shall have the same meaning given to it under

section 1164] the following terms shall have the following

meanings:

"Commonwealth partnership school district."  A school

district for which within sixty (60) days of July 11, 2006, the

secretary has determined all of the following:

(i)  The school district has experienced a decline of fifteen

per centum (15%) or more in student enrollment during the

immediately preceding five-year period.

(ii)  The school district has experienced a loss of revenue

during the immediately preceding three-year period due to the

statutory removal of one or more of the sources of revenue made

available pursuant to section 652.1.

(iii)  The school district has an equalized millage for the

2004-2005 fiscal year of greater than twenty-seven (27).

"Department."  The Department of Education of the

Commonwealth.

"Education empowerment list."  A list prepared annually by

the department containing school districts that fall below

certain academic assessments as provided in section 1703-B.

"School administrator."  As defined in section 1164.

"Secretary."  The Secretary of Education of the Commonwealth.

[(6)  This subsection shall expire June 30, 2012.]

Section 2.  This act shall take effect immediately.