1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in preliminary provisions, providing
6for mandate waiver program.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 122.  Mandate Waiver Program.--(a)  Except as
13otherwise provided in this section, the board of school
14directors may adopt a resolution to apply to the Department of
15Education for a waiver of any provision of this act, the
16regulations of the State Board of Education or the standards of
17the Secretary of Education if the waiver will enable the school
18district to improve its instructional program or operate in a

1more effective, efficient or economical manner.

2(b)  The application for a waiver shall be in a manner and in
3a form developed by the Department of Education and shall:

4(1)  Specify the need for the waiver.

5(2)  Provide supporting data and information to explain the
6benefits to be obtained by the waiver and, when applicable, to
7explain the instructional program that will operate under the
8waiver.

9(3)  Include an evaluation procedure to determine the
10effectiveness of an innovative program or programs; the
11effectiveness of a revised instructional program, which shall
12include measures of student performance; and the effectiveness
13of changes in the operations of the school district.

14(c)  The application for a waiver shall be adopted by a
15resolution of the board of school directors at a regularly
16scheduled meeting of the board. Prior to the board of school
17directors implementing the policies or procedures contained in
18the application, approval by the Department of Education shall
19be required.

20(d)  The Department of Education shall have sixty (60) days
21from receipt of the application to approve, disapprove or
22request modifications to the application. If the Department of
23Education fails to act within that time period, the waiver shall
24be deemed to be approved.

25(e)  If the Department of Education disapproves the
26application for waiver, the basis for the Department of
27Education's disapproval shall be transmitted to the board of
28school directors. The board of school directors may submit a
29revised application for a waiver.

30(f)  Three (3) years from the implementation of the waiver,

1the board of school directors shall submit to the Department of
2Education the evaluation set forth in subsection (b)(3). When
3the evaluation of a waiver indicates an improvement in student
4performance, instructional program or school operations, the
5waiver shall be renewed by the Department of Education and shall
6remain in effect, unless rescinded by the board of school
7directors.

8(g)  The following provisions of this act shall not be
9subject to waiver pursuant to this section: sections 108, 110,
10111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,
11443, 510, 513, 518, 527, 688, 691, 696, 701.1, 708, 736, 737,
12738, 739, 740, 741, 752, 753, 771, 776, 777, 778, 785, 808, 809,
13810, 1073, 1073.1, 1076, 1077, 1080, 1302, 1303, 1310, 1317,
141317.1, 1317.2, 1318, 1327, 1327.1, 1330, 1332, 1361, 1366,
151501, 1502, 1513, 1517, 1518, 1521, 1523, 1546, 1547 and 2104;
16provisions prohibiting discrimination; Articles VI, VI-A, XI,
17XI-A, XII, XIII-A, XIV and XVII-A; and this article.

18(h)  The following provisions of 22 Pa. Code (relating to
19education) shall not be subject to waiver pursuant to this
20section:

21Chapter 4 (relating to academic standards and assessment).

22Chapter 11 (relating to student attendance).

23Chapter 12 (relating to students and student services).

24Chapter 14 (relating to special education services and
25programs).

26Chapter 16 (relating to special education for gifted
27students).

28Section 32.3 (relating to assurances).

29Section 121.3 (relating to discrimination prohibited).

30Section 235.4 (relating to practices).

1Section 235.8 (relating to civil rights).

2(i)  The board of school directors may not waive any Federal
3law or State law applicable to a public school that is not
4within the provisions of this act.

5(j)  The Department of Education shall issue an annual report
6to the chairman and minority chairman of the Education Committee
7of the Senate and the chairman and minority chairman of the
8Education Committee of the House of Representatives, listing all
9waiver requests and Department of Education approvals or
10disapprovals under this section.

11(k)  Nothing in this section shall be construed to supersede
12or preempt any provisions of a collective bargaining agreement
13in effect on the effective date of this section.

14(l)  Intermediate unit boards of school directors and area
15vocational-technical boards shall be eligible to apply for
16mandate waivers under this section except for those in
17subsections (g), (h) and (n).

18(m)  Charter school and cyber charter school boards of
19trustees shall be eligible to apply for mandate waivers under
20this section except those in subsections (g) and (h).

21(n)  The following provisions shall not be subject to waiver
22for intermediate unit boards of school directors and area
23vocational-technical schools pursuant to this section: Articles
24IX-A and XVIII.

25(o)  Notwithstanding the provisions of subsection (g), the
26Department of Education may approve an application submitted by
27a board of school directors for a waiver of section 1361 to
28allow the provision of transportation to a public kindergarten,
29elementary school or secondary school or a nonpublic
30kindergarten, elementary school or secondary school operated not

1for profit located more than ten miles by the nearest public
2highway, provided that the provision of transportation is more
3cost effective for the district or the Commonwealth or addresses
4student safety concerns. Transportation provided under this
5subsection shall be considered an allowable district expense for
6purposes of calculating transportation reimbursement.

7Section 2.  This act shall take effect in 60 days.