Regular Session 2015-2016 House Bill 0254 P.N. 0262

PRINTER'S NO. 262

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

254

Session of

2015

INTRODUCED BY TRUITT, PICKETT, MACKENZIE, GREINER, KAUFFMAN,

MAJOR, SAYLOR, McGINNIS, JAMES, HICKERNELL, BAKER, DIAMOND,

DUSH, MENTZER, KNOWLES, GRELL, LAWRENCE, MASSER, A. HARRIS,

TALLMAN, GROVE, COX AND WATSON, FEBRUARY 2, 2015

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 2, 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 preliminary provisions, providing

for mandate waiver program.

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 124. Mandate Waiver Program.--(a) (1) Except as

otherwise provided in this section, a board of school directors

may adopt a resolution to apply to the Department of Education

for a waiver of any provision of this act, the regulations of

the State Board of Education or the standards of the Secretary

of Education if the waiver will enable the school district to

improve its instructional program or operate in a more

effective, efficient or economical manner.

(2) Notwithstanding the provisions of paragraph (1), and

except as otherwise provided in this section, a board of school

directors may contact the intermediate unit of which it is a

member to propose that the intermediate unit apply to the

Department of Education for a waiver of any provision of this

act, the regulations of the State Board of Education or the

standards of the Secretary of Education on behalf of all of the

intermediate unit's member school districts if the waiver will

enable the member school districts to improve their

instructional programs or operate in a more effective, efficient

or economical manner. Upon the receipt of such a proposal the

intermediate unit shall circulate a notice to its member school

districts outlining a proposed waiver application and requesting

a response. The intermediate unit shall submit a waiver

application to the Department of Education on behalf of its

member school districts upon receiving a copy of a resolution

from each of its member school districts signifying approval of

the proposed waiver application. An application may not be

submitted by an intermediate unit under this subsection unless

the boards of school directors of each of its member school

districts have adopted a resolution signifying approval of the

proposed waiver application and transmitted copies of their

resolutions to the intermediate unit.

(b) (1) The application for a waiver shall be in a manner

and on a form developed by the Department of Education and

shall:

(i) Specify the need for the waiver.

(ii) Provide supporting data and information to explain the

benefits to be obtained by the waiver and, when applicable, to

explain the instructional program that will operate under the

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waiver.

(iii) Include an evaluation procedure to determine the

effectiveness of an innovative program or programs; the

effectiveness of a revised instructional program, which shall

include measures of student performance; and the effectiveness

of changes in the operations of the school district.

(2) In developing the application process and form provided

for in paragraph (1) the Department of Education shall:

(i) Create a uniform application form which provides

applicants with the ability to apply for waivers to single or

multiple provisions of this act, the regulations of the State

Board of Education or the standards of the Secretary of

Education through a single application.

(ii) Create a uniform application form which intermediate

units must use when applying for waivers on behalf of their

member school districts.

(3) The Department of Education may not impose any

additional requirements on waiver applicants beyond those

provided for in this section and any additional requirements

relating to the submission or resubmission of a waiver

application.

resolution of the board of school directors at a regularly

scheduled meeting of the board or, in the case of an application

submitted by an intermediate unit on behalf of its member school

districts, by the submission of resolutions to the intermediate

unit from the board of each intermediate unit member school

district signifying approval of the proposed waiver application.

Resolutions submitted by school districts to an intermediate

unit under this section must be adopted at a regularly scheduled

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meeting of the board. Prior to implementing the policies or

procedures contained in the application, approval by the

Department of Education shall be required.

(d) The Department of Education shall have sixty (60) days

from receipt of the application to approve, disapprove or

request modifications to the application. If the Department of

Education fails to act within that time period, the waiver shall

be deemed to be approved.

(e) (1) If the Department of Education disapproves the

application for waiver, the basis for the Department of

Education's disapproval shall be transmitted to the waiver

applicant. The waiver applicant may submit a revised application

for a waiver.

(2) A waiver applicant may appeal any disapproval of a

waiver application to the Secretary of Education pursuant to 2

Pa.C.S. Chs. 5 (relating to practice and procedure) and 7

(relating to judicial review).

(f) Five (5) years from the implementation of the waiver,

the waiver applicant shall submit to the Department of Education

the evaluation set forth in subsection (b)(1)(iii) . When the

evaluation of a waiver indicates an improvement in student

performance, instructional program or school operations, the

waiver shall be renewed by the Department of Education and shall

remain in effect, unless a board of school directors opts out of

the waiver. In the case of a waiver renewed by the Department of

Education for all the member school districts of an intermediate

unit, the waiver shall remain in effect for any school district

which has not opted out of the waiver.

(g) The following provisions of this act shall not be

subject to waiver pursuant to this section: sections 108, 110,

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111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,

443, 510, 513, 518, 527, 688, 691, 696, 701.1, 708, 736, 737,

738, 739, 740, 741, 752, 753, 771, 776, 777, 778, 785, 808, 809,

810, 1073, 1073.1, 1076, 1077, 1080, 1302, 1303, 1310, 1317,

1317.1, 1317.2, 1318, 1327, 1327.1, 1330, 1332, 1361, 1366,

1501, 1502, 1513, 1517, 1518, 1521, 1523, 1546, 1547 and 2104;

provisions prohibiting discrimination; Articles VI, VI-A, XI,

XI-A, XII, XIII-A, XIV and XVII-A; and this section .

(h) The following provisions of 22 Pa. Code (relating to

education) shall not be subject to waiver pursuant to this

section:

Chapter 4 (relating to academic standards and assessment).

Chapter 11 (relating to student attendance).

Chapter 12 (relating to students and student services).

Chapter 14 (relating to special education services and

programs).

Chapter 15 (relating to protected handicapped students).

Chapter 16 (relating to special education for gifted

students).

Section 32.3 (relating to assurances).

Section 121.3 (relating to discrimination prohibited).

Section 235.4 (relating to practices).

Section 235.8 (relating to civil rights).

(i) The board of school directors may not seek a waiver of

any Federal law or State law applicable to a public school that

is not within the provisions of this act.

(j) The Department of Education shall post all waiver

requests and Department of Education approvals and disapprovals

under this section on its publicly accessible Internet website.

(k) Nothing in this section shall be construed to supersede

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or preempt any provisions of a collective bargaining agreement

in effect on the effective date of this section.

(l) Intermediate unit boards of directors and area

vocational-technical boards shall be eligible to apply for

mandate waivers under this section except for those in

subsections (g), (h) and (n).

(m) Charter school and cyber charter school boards of

trustees shall be eligible to apply for mandate waivers under

this section except those in subsections (g) and (h).

(n) The following provisions shall not be subject to waiver

for intermediate units and area vocational-technical schools

pursuant to this section: Articles IX-A and XVIII.

(o) Notwithstanding the provisions of subsection (g), the

Department of Education may approve an application submitted by

a board of school directors for a waiver of section 1361 to

allow the provision of transportation to a public kindergarten,

elementary school or secondary school or a nonpublic

kindergarten, elementary school or secondary school operated not

for profit located more than ten miles outside the district

boundaries by the nearest public highway, provided that the

provision of transportation is more cost effective for the

district or the Commonwealth or addresses student safety

concerns. Transportation provided under this subsection shall be

considered an allowable district expense for purposes of

calculating transportation reimbursement.

(p) The provisions of section 751 shall be subject to

waiver, provided that the waiver applicant shall bid all

construction related projects under separate contracts pursuant

to the provisions of section 751(a.2). All other provisions of

section 751, including base amounts, shall be subject to waiver.

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

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