Trial Engrossment of Amendment A02258 to House Bill 1112 P.N. 1798, Regular Session 2015-2016

A02258

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1112

Session of

2015

INTRODUCED BY R. BROWN, BAKER, SCHLEGEL CULVER, DAVIS, DIAMOND,

GILLEN, GRELL, GROVE, A. HARRIS, HEFFLEY, LAWRENCE, MASSER,

MILLARD, MURT, D. PARKER, PEIFER, PICKETT, QUIGLEY, SAYLOR,

TOPPER, WARD, WATSON, WHEATLEY, MILNE, PHILLIPS-HILL AND

EVERETT, MAY 5, 2015

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 15, 2015

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, providing for

data collection reduction.

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 a

section to read:

Section 221.2. Data Collection Reduction.--(a) The State

Board, in consultation with the advisory committee, shall:

(1) Review public school entity data collection requirements

existing as of the effective date of this section THAT ARE

IMPOSED ON PUBLIC SCHOOL ENTITIES in the areas of finance, human

resources, food services, transportation, child accounting,

athletics, health and special education.

(2) Identify those data collection requirements that are

redundant, overly burdensome or no longer necessary.

(3) Publish a list of the data collection requirements

identified under paragraph (2) in the Pennsylvania Bulletin

within ninety (90) days of the effective date of this section.

(b) (1) Notwithstanding any other provision of law, the

department shall suspend all public school entity data

collection requirements identified under subsection (a)(2)

within one hundred and eighty (180) days of the effective date

of this section.

(3) WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE EFFECTIVE

DATE OF THIS SECTION, ISSUE A REPORT OF ITS FINDINGS AND

RECOMMENDATIONS BASED ON THE DATA COLLECTION REQUIREMENTS

IDENTIFIED UNDER PARAGRAPH (2) TO THE CHAIRMAN AND MINORITY

CHAIRMAN OF THE EDUCATION COMMITTEE OF THE SENATE AND THE

CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE

HOUSE OF REPRESENTATIVES AND POST THE REPORT ON THE DEPARTMENT'S

PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(B) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BY THE

CONCLUSION OF THE SCHOOL YEAR FOLLOWING THE ISSUANCE OF THE

REPORT REQUIRED UNDER SUBSECTION (A)(3), THE DEPARTMENT SHALL

TERMINATE ALL DATA COLLECTION REQUIREMENTS IMPOSED ON PUBLIC

SCHOOL ENTITIES IDENTIFIED UNDER SUBSECTION (A)(2) THAT ARE NOT

REQUIRED BY STATUTE OR REGULATION.

(2) Once a data collection requirement has been eliminated

TERMINATED under this section, the department may not resume the

collection of any data subject to the eliminated TERMINATED data

collection requirement.

this section, the State Board shall establish an advisory

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committee consisting of:

(i) The Secretary of Education or a designee.

(ii) The chairman and minority chairman of the Education

Committee of the Senate OR THEIR DESIGNEES .

(iii) The chairman and minority chairman of the Education

Committee of the House of Representatives OR THEIR DESIGNEES .

(iv) The following members, to be appointed by the State

Board in consultation with education associations representing

school districts, intermediate units, charter school entities

and area vocational-technical schools:

(A) Three TWO school district business managers.

(B) Three TWO intermediate unit business managers.

(D) Three TWO area vocational-technical school business

managers.

(E) ONE REPRESENTATIVE FROM A SCHOOL DISTRICT BOARD OF

SCHOOL DIRECTORS.

(F) ONE REPRESENTATIVE FROM AN INTERMEDIATE UNIT BOARD OF

DIRECTORS.

(G) ONE REPRESENTATIVE FROM A CHARTER SCHOOL ENTITY BOARD OF

TRUSTEES.

(H) ONE REPRESENTATIVE FROM AN AREA VOCATIONAL-TECHNICAL

SCHOOL JOINT OPERATING COMMITTEE.

(2) The advisory committee shall hold its first meeting

within forty-five (45) days of the effective date of this

section.

(3) The State Board shall provide administrative support,

meeting space and any other assistance required by the advisory

committee to carry out its duties under this section.

(d) For all new public school entity data collection

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requirements instituted after the effective date of this section

that are not the result of new legislation enacted by the

General Assembly, the department shall provide the following

information to all public school entities and to the General

Assembly sixty (60) days prior to the first deadline for any new

data collection requirement:

(1) a justification for the data collection, including a

statement indicating why the data collection is necessary for

the proper performance of the department's functions;

(2) an explanation of how the department will use the data

collected;

(3) an explanation of how the department will share the data

with public school entities;

(4) a statement affirming that the data collection will not

impose any unjustified costs on public school entities or

require duplication of existing data collection requirements;

and

(5) a statement of the estimated costs to public school

entities for complying with the data collection requirement,

including the cost of staff time, training and software.

(E) ANY DATA COLLECTION REQUIREMENT IMPOSED BY THE FEDERAL

GOVERNMENT SHALL NOT BE SUBJECT TO THIS SECTION.

(e.1) Any data collection requirement under Article XVI-C

pertaining to disclosure of interscholastic athletics

opportunities shall not be subject to this section.

(e) (F) For purposes of this section:

(1) "Advisory committee" shall mean the advisory committee

established under subsection (c).

(2) "Charter school entity" shall mean a charter school,

regional charter school or cyber charter school as defined in

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section 1703-A.

(3) "Department" shall mean the Department of Education of

the Commonwealth.

(4) "Public school entity" shall mean any of the following:

(i) An area vocational-technical school.

(ii) A school district.

(iii) A charter school entity.

(iv) An intermediate unit.

(5) "State Board" shall mean the State Board of Education.

Section 2. This act shall take effect immediately.

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