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 HB0842A02513 - 2 -
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 2 striking out "ONE THOUSAND SIX HUNDRED AND TWENTY DOLLARS 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 -