H0842B2083A02513       DMS:CDM 06/29/07    #90             A02513
                        AMENDMENTS TO HOUSE BILL NO. 842
                                    Sponsor:  SENATOR RHOADES
                                           Printer's No. 2083

     1       Amend Title, page 1, line 5, by inserting after "for"
     2               transferred programs and classes and for
     3       Amend Title, page 1, line 6, by striking out "development"
     4    and inserting
     5               education
     6       Amend Title, page 1, line 7, by inserting after "FOR"
     7    distressed school districts and student attendance in other
     8    districts; in charter school provisions, further providing for
     9    enrollment; in education empowerment provisions, further
    10    providing for board of school directors; providing for
    11    superintendent power to recommend dismissal of certain
    12    management employees; and for

    13       Amend Title, page 1, line 9, by inserting after "YEAR;"
    14               and
    15       Amend Bill, page 2, lines 20 through 23, by striking out all
    16    of said lines and inserting
    17       Section 1.  Section 1113(c) of the act of March 10, 1949
    18    (P.L.30, No.14), known as the Public School Code of 1949,
    19    amended August 5, 1991 (P.L.219, No.25), is amended and the
    20    section is amended by adding a subsection to read:
    21       Section 1113.  Transferred Programs and Classes.--* * *
    22       (b.2)  (1)  The following shall apply to professional and
    23    temporary professional employes of a distressed school district
    24    in which pupils have been reassigned to another school district
    25    pursuant to section 1607.1:
    26       (i)  The distressed school district shall create a pool
    27    comprised of the professional and temporary professional
    28    employes who have received formal notice of suspension from the
    29    distressed school district as a result of the curtailment of the
    30    high school program.
    31       (ii)  Employes in the pool created under subparagraph (i)
    32    shall be offered employment by a school district designated
    33    under section 1607.1(a)(1) whenever a designated school district

     1    has a vacancy for a position that an employe in the pool is
     2    certified to fill. No new employe shall be hired by any
     3    designated school district until the position has been offered,
     4    in order of seniority, to all properly certified members of the
     5    pool.
     6       (2)  The rights of a suspended employe of the distressed
     7    school district shall not supersede the rights that an employe
     8    of a school district designated under section 1607.1(a)(1),
     9    including a suspended or demoted employe, has under this act or
    10    the collective bargaining agreement of the designated school
    11    district.
    12       (3)  Employes hired from the pool as provided under this
    13    subsection shall be credited by a school district designated
    14    under section 1607.1(a)(1) for all sick leave accumulated in the
    15    distressed school district and shall be credited for years of
    16    service in the distressed school district for purposes of salary
    17    schedule placement. Temporary professional and professional
    18    employes shall further be credited for their years of service in
    19    the distressed school district for purposes of sabbatical leave
    20    eligibility, suspension and realignment rights and eligibility
    21    for any retirement incentives or severance payments in a
    22    designated school district.
    23       (c)  Nothing contained in [this section] subsections (a) and
    24    (b.1) shall be construed to supersede or preempt any provision
    25    of a collective bargaining agreement in effect on February 4,
    26    1982, and negotiated by a school entity and an exclusive
    27    representative of the employes in accordance with the act of
    28    July 23, 1970 (P.L.563, No.195), known as the "Public Employe
    29    Relations Act."
    30       * * *
    31       Section 2.  Section 1205.2(h) and (i) of the act, amended or
    32    added November 23, 1999 (P.L.529, No.48) and July 13, 2005
    33    (P.L.226, No.46), are amended to read:

    34       Amend Sec. 2, page 4, line 5, by striking out "2" and
    35    inserting
    36               3
    37       Amend Bill, page 6, by inserting between lines 5 and 6
    38       Section 4.  The act is amended by adding a section to read:
    39       Section 1607.1.  Distressed School Districts and Student
    40    Attendance in Other Districts.--(a)  If a third class school
    41    district in which a public high school is not maintained
    42    operates and, for at least five consecutive years, has operated
    43    under a special board of control under section 692, has been
    44    placed on the education empowerment list under section 1703-B,
    45    has, with the approval of the secretary, curtailed its
    46    educational program by eliminating its high school, and has not
    47    assigned its high school pupils to another school district or
    48    school districts and provided adequate transportation in a
    49    manner pursuant to section 1607, the secretary shall have the
    50    following authority:
    51       (1)  To designate two or more school districts that shall
    52    accept on a tuition basis the high school students of a
    53    distressed school district, so long as a designated school
    54    district's border is no more than three miles from the border of

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     1    the distressed school district. Such designation shall occur no
     2    later than fifteen (15) days after the effective date of this
     3    section.
     4       (2)  To establish a process that a distressed school district
     5    shall use to reassign its high school students to the school
     6    districts designated under paragraph (1).
     7       (3)  To establish the per-pupil tuition rate that a school
     8    district designated under paragraph (1) shall receive for each
     9    student in a regular or special education program. For the 2007-
    10    2008 school year, the tuition rate shall be the 2006-2007 high
    11    school tuition charge, of each of the school districts
    12    designated under paragraph (1), as set forth under section (3).
    13    For the 2008-2009 school year and each school year thereafter,
    14    the tuition rate established under this paragraph may not exceed
    15    the tuition rate established for the 2007-2008 school year
    16    multiplied by the greater of either two per centum (2%) or the
    17    percentage increase in total budgeted revenues available to a
    18    distressed school district.
    19       (b)  A school district designated under subsection (a)(1)
    20    shall provide transportation to the students reassigned to its
    21    high school and shall be eligible for transportation
    22    reimbursement in a manner consistent with section 2541.
    23       (c)  The secretary shall publish the following on the
    24    Department of Education's Internet website no later than August
    25    1, 2007, and August 1 of each year thereafter and in the
    26    Pennsylvania Bulletin no later than September 30, 2007, and
    27    September 30 of each year thereafter:
    28       (1)  the names of the school districts designated under
    29    subsection (a)(1);
    30       (2)  the process established under subsection (a)(2); and
    31       (3)  the tuition rate established under subsection (a)(3).
    32       (d)  Notwithstanding any other provision of law, regulation,
    33    guideline, directive, decision or agreement to the contrary, any
    34    school district that is designated by the secretary under
    35    subsection (a)(1) may not be required to include the students in
    36    its public school enrollment report for the purposes of
    37    determining an interscholastic sports classification by a
    38    private entity that is organized under the laws of this
    39    Commonwealth to administer interscholastic athletics.
    40       (e)  A student assigned to a school district designated
    41    pursuant to subsection (a)(1) shall be included in the average
    42    daily membership of the student's school district of residence
    43    for the purpose of providing basic education funding allocations
    44    and special education funding payments pursuant to Article XXV.
    45       (f)  No later than February 1, 2008, and February 1 of each
    46    year thereafter, the Legislative Budget and Finance Committee
    47    shall submit a report to the chairman and minority chairman of
    48    the Appropriations and Education Committees of the Senate and to
    49    the chairman and minority chairman of the Appropriations and
    50    Education Committees of the House of Representatives summarizing
    51    the financial and academic status of a distressed school
    52    district under this section and including an audit of its
    53    accounts for the immediately preceding school year.
    54       (g)  (1)  No later than October 1, 2007, the secretary shall
    55    establish an Education Advisory Committee which shall provide
    56    semi-annual reports to the secretary. Such reports to the
    57    secretary may include, but are not limited to:
    58       (i)  An evaluation of the transition of students that have
    59    been assigned to a school district designated under subsection

    HB0842A02513                     - 3 -     

     1    (a)(1).
     2       (ii)  Recommendations for changes to the process established
     3    under subsection (a)(2).
     4       (iii)  Recommendations for improving education opportunities
     5    for students of a distressed school district under this section.
     6       (2)  The secretary shall provide the Education Advisory
     7    Committee a written response to the semi-annual report required
     8    under this paragraph.
     9       (3)  The Education Advisory Committee shall consist of
    10    members selected by the Secretary of Education, including:
    11       (i)  A representative of each designated school district
    12    recommended by the board of school directors of the designated
    13    school district.
    14       (ii)  A member of the board of control of the distressed
    15    school district.
    16       (iii)  An administrator from each designated school district
    17    and from the distressed school district.
    18       (iv)  A teacher from each designated school district and from
    19    the distressed school district.
    20       (v)  An elected official representing voters in each
    21    designated school district and the distressed school district.
    22       (vi)  Three residents of each of the designated school
    23    districts.
    24       (vii)  Three residents of the distressed school district.
    25       (viii)  An employe of the Department of Education, who shall
    26    not be a current member of the board of control.
    27       (ix)  A representative of the intermediate unit in which the
    28    designated school district and distressed school district are
    29    located.
    30       Section 5.  Section 1723-A of the act is amended by adding a
    31    subsection to read:
    32       Section 1723-A.  Enrollment.--* * *
    33       (d)  (1)  Enrollment of students in a charter school or cyber
    34    charter school shall not be subject to a cap or otherwise
    35    limited by any past or future action of a board of school
    36    directors, a board of control established under Article XVII-B,
    37    a special board of control established under section 692 or any
    38    other governing authority, unless agreed to by the charter
    39    school or cyber charter school as part of a written charter
    40    pursuant to section 1720-A.
    41       (2)  The provisions of this subsection shall apply to a
    42    charter school or cyber charter school regardless of whether the
    43    charter was approved prior to or is approved subsequent to the
    44    effective date of this subsection.
    45       Section 6.  Section 1704-B(c)(1) of the act, added July 11,
    46    2006 (P.L.1092, No.114), is amended to read:
    47       Section 1704-B.  Board of School Directors.--* * *
    48       (c)  (1)  In addition to all current rights, powers,
    49    privileges, prerogatives and duties, a board of school directors
    50    of a school district that has been placed on the empowerment
    51    list due to the designation by the secretary as a Commonwealth
    52    partnership school district shall have [the power to cancel or
    53    renegotiate any contract, other than collective bargaining
    54    agreements, for the purpose of making necessary economies in the
    55    operation of the schools within the school district; eliminate
    56    nonprofessional positions for services nonessential for the
    57    operation of the school district; or enter into agreements with
    58    individuals, for-profit or nonprofit organizations for the
    59    operation of school buildings or groups of school buildings or

    HB0842A02513                     - 4 -     

     1    for the provision of educational or other types of services to
     2    or for the school district.] those powers of the board of school
     3    directors enumerated in subsection (a).
     4       * * *
     5       Section 7.  The act is amended by adding a section to read:
     6       Section 1704.1-B.  Superintendent Power to Recommend
     7    Dismissal.--(a)  The superintendent of a school district shall
     8    have the authority to recommend to the board of school directors
     9    dismissal of a management employe for unsatisfactory performance
    10    or wilful misconduct.
    11       (b)  The board of school directors shall consider a
    12    recommendation of the superintendent for dismissal of a
    13    management employe. A recommendation for dismissal of a
    14    management employe shall be subject to section 508.
    15       (c)  Consideration of a recommendation for the dismissal of a
    16    management employe under this section shall comply with section
    17    514 and 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and
    18    procedure of local agencies).
    19       (d)  For the purposes of this section:
    20       (i)  The term "management employe" shall mean an employe who
    21    holds a management position above the level of first level
    22    supervisor. This term shall not include a principal, assistant
    23    principal, vice principal or any position requiring a
    24    certificate from the Secretary of Education.
    25       (ii)  The term "school district" shall mean a school district
    26    that has been designated by the Secretary of Education as a
    27    Commonwealth partnership school district.
    28       (e)  This section shall expire December 31, 2009.

    29       Amend Sec. 3, page 6, line 6, by striking out "3" and
    30    inserting
    31               8
    32       Amend Sec. 4, page 6, line 10, by striking out "4" and
    33    inserting
    34               9
    35       Amend Sec. 5, page 7, line 2, by striking out "5" and
    36    inserting
    37               10
    38       Amend Sec. 6, page 7, line 12, by striking out "6" and
    39    inserting
    40               11
    41       Amend Sec. 7, page 14, line 28, by striking out "7" and
    42    inserting
    43               12

    HB0842A02513                     - 5 -     

     1       Amend Sec. 7 (Sec. 2509.5), page 16, lines 2 and 3, by
     3    ($27,681,620)" and inserting
     4               two thousand one hundred and ninety-three dollars
     5               ($27,682,193)

     6       Amend Sec. 8, page 16, line 29, by striking out "8" and
     7    inserting
     8               13
     9       Amend Sec. 9, page 24, lines 8 and 9, by striking out all of
    10    said lines and inserting
    11       Section 14.  This act shall take effect immediately.

    F29L90DMS/HB0842A02513           - 6 -