PRINTER'S NO. 227
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
256
Session of
2021
INTRODUCED BY GROVE, JANUARY 26, 2021
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 26, 2021
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," providing for innovation schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XV-K
INNOVATION SCHOOLS
Section 1501-K. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Education management service provider." A for-profit or
nonprofit management organization, nonprofit charter management
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organization, school design provider, business manager or other
partner entity with which a school district contracts to provide
educational design, business services, comprehensive management
or personnel functions. The term shall not include a charter
school foundation.
"Innovation school." A school that:
(1) is part of a school district;
(2) ranks in the lowest 15% of the school's
classification as an elementary or secondary school according
to the School Performance Profile ; and
(3) has a School Performance Profile score that does not
exceed 60.
"Innovation School Board." The board created under section
1509-K.
"Local governing body." A board of school directors, school
reform commission or other governing authority of a school
district.
"School Performance Profile." A comprehensive overview of
student academic performance in a public school developed and
compiled annually by the department under section 1123.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1502-K. Identification of intervention schools.
(a) General rule.-- By October 1, 2021, and by October 1 of
each year thereafter, the department shall publish on the
department's publicly accessible Internet website a list of
innovation schools and transmit notice of the list to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin.
(b) Designation.--Within 20 days of the publication under
subsection (a), the Innovation School Board shall designate as
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innovation schools all schools that meet the criteria of an
innovation school.
Section 1503-K. Powers of local governing body.
A local governing body shall have all the following powers
with respect to an innovation school within the local governing
body's jurisdiction:
(1) authority to enter into agreements with education
management service providers to operate the school;
(2) authority to employ in the innovation school
professional and senior management employees who do not hold
State certification in the innovation school, if the local
governing body has approved the employee's qualifications, at
a salary established by the local governing body;
(3) authority to enter into agreements with persons or
education management service providers providing educational
or other services to the school;
(4) authority to close or reconstitute the school,
including the reassignment, suspension or dismissal of
professional employees;
(5) authority to suspend professional employees without
regard to the provisions of seniority and according to a
professional employee's performance;
(6) authority to appoint managers, administrators or
education management service providers to oversee the
operations of the school;
(7) authority to convert the school to a charter school;
and
(8) authority to apply to the Innovation School Board
for a waiver of any provision of this act, regulation of the
State Board of Education or standard of the secretary that
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inhibits the ability of the school to increase student
achievement.
Section 1504-K. Advisory teams.
(a) Local governing body assembly.--Within 30 days of a
school's initial designation as an innovation school, the local
governing body shall convene the following for the innovation
school:
(1) An academic advisory team, comprised of the
following members:
(i) A school administrator appointed by the local
governing body.
(ii) A school business manager or individual
responsible for the fiscal management of the school
district appointed by the local governing body.
(iii) A teacher appointed by the local governing
body.
(iv) Three experts, appointed by the local governing
body in consultation with the department, who possess
knowledge and experience in such areas as school or
business administration, staff development, early
childhood education, curriculum development, budget
development or fiscal management, labor relations or
special education.
(2) A community advisory team comprised of the following
members appointed by the local governing body:
(i) Three parents of students attending the
innovation school.
(ii) Three residents of the area served by the
innovation school who are not parents of students
attending the innovation school.
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(b) Termination of academic advisory team and community
advisory team.--The academic advisory team and the community
advisory team may terminate when the school is no longer
designated as an innovation school.
Section 1505-K. Diagnostic evaluation.
(a) Districtwide review.--Within three months of a school's
initial designation as an innovation school, a local governing
body of a school district in which at least one school has been
designated as an innovation school shall conduct a districtwide
review of academic programs, management and operations,
including whether school facilities are being used to maximize
student academic opportunities, using a standard evaluation and
diagnostic tool, and submit the findings to the Innovation
School Board.
(b) Period for evaluation.--A local governing body which has
completed a diagnostic evaluation under subsection (a) within
the past five years shall not be required to complete a
districtwide diagnostic evaluation developed by the department
subsequent to the initial designation of a new innovation school
within the local governing body's jurisdiction, provided that
the local governing body shall complete, within two months of
the designation of a new innovation school, a supplemental study
of the school to the extent that the needs of the school are
different from those of the district.
Section 1506-K. School improvement plan.
(a) School improvement plan.--Using the results of the
diagnostic evaluation under section 1505-K(a), the local
governing body, with input from the academic advisory team and
the community advisory team, shall develop for each innovation
school a school improvement plan that shall include all of the
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following:
(1) Performance goals consistent with School Performance
Profile benchmarks and timetables to improve academic
performance.
(2) Revisions to curriculum or instructional practices.
(3) A system of academic accountability for students and
administrators.
(4) Procedures to increase parent and community
involvement.
(5) Policies to provide individual schools greater
authority over personnel, budget and educational programming.
(6) A multiyear strategic plan with annual goals and
measurable objectives based on identified needs, projected
enrollment and revenue.
(7) Clear delineation of the responsibilities of the
local governing body and superintendents.
(8) A plan to formally evaluate the performance and cost
of major educational and operational programs.
(9) A plan for professional development to assist
teachers and administrators with ensuring that students reach
academic standards.
(10) A plan for the allocation of resources targeted to
the innovation school.
(11) A plan for the implementation of at least two
interventions allowable under section 1503-K.
(b) Application for waiver permitted.--The local governing
body may include in a school improvement plan an application to
the Innovation School Board for a waiver of any provision of
this act, regulation of the State Board of Education or standard
of the secretary if the Innovation School Board determines that
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the proposed waiver will help the innovation school to increase
academic achievement. The Innovation School Board may not waive
either:
(1) Federal statutes or regulations; or
(2) State statutes or regulations or standards of the
secretary related to the following:
(i) Civil rights.
(ii) Health and safety.
(iii) Public records.
(iv) Possession of weapons on school grounds.
(v) Employment history reviews, criminal background
checks and child abuse clearances for school personnel
and volunteers.
(vi) Special education requirements.
(vii) Student due process.
(viii) Parental rights.
(ix) Student assessment and accountability.
(x) Open meetings.
(c) Plan submission to Innovation School Board.--Within 60
days of the completion of the diagnostic evaluation under
section 1505-K, the local governing body shall submit the school
improvement plan for approval to the Innovation School Board.
(d) Board approval of Plan.--Within 30 days of receipt of
the school improvement plan, the Innovation School Board shall
approve the school improvement plan or request further
modifications to the plan. Within 30 days of the request for
modifications to the plan, the local governing body of the
innovation school shall resubmit the school improvement plan to
the Innovation School Board. The Innovation School Board shall
have 30 days from the receipt of the modified school improvement
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plan to take action.
(e) Local governing body reports on implementation and
progress.--Following the approval of the school improvement plan
by the Innovation School Board, the local governing body of an
innovation school shall, with input from the academic advisory
team and the community advisory team, submit reports every six
months to the Innovation School Board detailing the
implementation and progress of the school improvement plan every
six months. The local governing body of an innovation school
shall post these reports on the local governing body's publicly
accessible Internet website.
Section 1507-K. Funding innovation schools.
The department shall use funds provided for under section
2510.3 to assist innovation schools. Innovation schools may use
funds appropriated by the General Assembly for the purposes of
this article and may accept donations from all public and
private sources, including the Federal Government, to pay for
the implementation of the school improvement plan.
Section 1508-K. Duration of innovation school designation .
(a) School designation duration.--A school designated as an
innovation school shall remain an innovation school for a
minimum of five years following the school's initial
designation.
(b) Retention of school designation.--After five years, a
school designated as an innovation school shall remain an
innovation school if:
(1) the innovation school does not have a School
Performance Profile score of at least 70 for the previous
year;
(2) the parents or legal guardians of 51% of the
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students enrolled in the innovation school sign a petition
requesting that the school remain an innovation school; or
(3) the local governing body adopts, at a public meeting
at which an opportunity for public comment has been provided,
a resolution requesting that the school remain an innovation
school.
Section 1509-K. Innovation School Board.
(a) Establishment and membership.--The Innovation School
Board is established. Within 30 days of the effective date of
this section, the Innovation School Board shall be appointed as
follows:
(1) The secretary shall appoint one member.
(2) The President pro tempore of the Senate, in
consultation with the Majority Leader of the Senate, shall
appoint two members.
(3) The Speaker of the House of Representatives, in
consultation with the Majority Leader of the House of
Representatives, shall appoint two members.
(4) The chairperson and minority chairperson of the
Education Committee of the Senate shall each appoint one
member.
(5) The chairperson and minority chairperson of the
Education Committee of the House of Representatives shall
each appoint one member.
(b) Qualifications.--Each member of the Innovation School
Board must satisfy at least one of the following:
(1) Possess at least five years' experience in school
administration or academic assessment.
(2) Satisfy the requirements of section 1003(a) or (b).
(c) Term.--Members of the Innovation School Board shall be
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appointed for terms of five years each, except that those
persons initially appointed shall draw lots to determine which
members shall serve for a term of five years, which members
shall serve for a term of four years and which members shall
serve for a term of three years. To the extent practicable, from
those members initially appointed, an equal number shall draw
lots to serve for a term of five years, for a term of four years
and for a term of three years. Thereafter, all members shall be
appointed for terms of five years each.
(d) Chairperson.--The Innovation School Board shall select a
chairperson from its membership by a majority vote.
(e) Quorum.--A majority of the members of the Innovation
School Board shall constitute a quorum.
(f) Meetings.--The Innovation School Board shall meet at
least quarterly at the call of the chairperson.
(g) Vacancy.--Upon expiration of a member's term or in the
occurrence of a vacancy in the office of a member, the original
appointing authority shall appoint a successor member. An
appointment to fill a vacancy shall be for the balance of a
term.
(h) Removal.--No Innovation School Board member shall be
removed from office during the member's term of office except in
accordance with the Constitution of Pennsylvania and as
authorized in this section. The appointing authority of a member
may, upon proof by clear and convincing evidence of malfeasance
or misfeasance in office, remove an Innovation School Board
member prior to the expiration of the term. Before an Innovation
School Board member is removed, the member shall be provided
with a written statement of the reasons for removal and an
opportunity for a hearing.
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(i) Prohibition.--No member, while in service of the
Innovation School Board, may seek or hold a position as any
other public official or as an officer of a political party.
(j) Compensation.--Members of the Innovation School Board
shall receive no compensation but shall be reimbursed for
reasonable and necessary expenses incurred in the performance of
their official duties from the funds of the department.
(k) Duty of department.--The department shall provide
administrative support, meeting space and other assistance
required by the Innovation School Board to carry out its duties
under this section and shall provide the Innovation School Board
with data, research and other information upon request by the
Innovation School Board.
(l) Appeals.--An objecting party may appeal a determination
of the Innovation School Board to Commonwealth Court.
(m) Report.--Beginning October 31, 2022, and by October 31
of each year thereafter, the Innovation School Board shall
submit a written report to the secretary, the President pro
tempore of the Senate, the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Majority Leader of the House of
Representatives and the Minority Leader of the House of
Representatives, which shall include all of the following:
(1) A list and a description of status, including
academic performance, of each innovation school.
(2) A list of all schools eligible for designation as an
innovation school.
Section 1510-K. State Board of Education.
The State Board of Education shall adopt regulations
necessary for the implementation of this article, including any
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changes proposed after the effective date of this article to the
calculation of the School Performance Profile building-level
score created by the department under section 1123.
Section 2. This act shall take effect immediately.
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