PRINTER'S NO. 1397
No. 1132 Session of 1999
INTRODUCED BY SALVATORE, LOEPER, HELFRICK, JUBELIRER, HART AND
WHITE, OCTOBER 14, 1999
REFERRED TO EDUCATION, OCTOBER 14, 1999
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," adding provisions relating to
6 educational empowerment; providing for an academic recovery
7 list and academic reform school districts and for their
8 operation, for educational recovery grants, local educational
9 opportunity grants and for Mandate Waiver Program; further
10 providing for payments on account of pupil transportation;
11 and making appropriations.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
15 as the Public School Code of 1949, is amended by adding an
16 article to read:
17 ARTICLE XVII-B.
18 EDUCATIONAL EMPOWERMENT ACT.
19 Section 1701-B. Short Title.--This article shall be known
20 and may be cited as the "Educational Empowerment Act."
21 Section 1702-B. Definitions.--For purposes of this article,
22 the following terms shall have the following meanings:
1 "Academic recovery list." A list prepared annually by the
2 Department of Education containing school districts that fall
3 below certain academic assessments as provided in section 1703-
4 B.
5 "Basic education funding." A school district's portion of
6 the annual appropriation made by the Commonwealth to the
7 Department of Education for payment of basic education funding
8 to school districts in accordance with this act.
9 "Basic education funding per average daily membership (ADM)."
10 A school district's basic education funding per average daily
11 membership of the prior fiscal year. This amount shall be based
12 on the allocation used in determining the final payment of the
13 fiscal year with no changes to be made due to revisions or
14 audits.
15 "Court of common pleas." The court of common pleas of the
16 county in which a majority of the population of the school
17 district resides.
18 "Department." The Department of Education of the
19 Commonwealth.
20 "Educational recovery grant." A grant made on behalf of an
21 eligible school-age student enrolled in a school district which
22 is certified as an academic reform district under section 1705-
23 B(a) to attend a public or nonpublic school.
24 "Guidelines." Procedures, forms and other requirements
25 developed by the department to implement the provisions of this
26 article, which shall not be subject to review, regulation or
27 approval by the State Board of Education.
28 "History of low test performance." An average of fifty per
29 centum or more of students scoring in the bottom measured group
30 of twenty-five per centum or below basic level of performance on
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1 the Pennsylvania State assessment tests under 22 Pa. Code Ch. 4
2 (relating to academic standards and assessments) in both math
3 and reading in the preceding two school years.
4 "Per pupil funding." At least ninety per centum of the total
5 expenditure per average daily membership (ADM) as defined in
6 section 2501(20).
7 "Reconstitute." To remove all or a significant percentage of
8 the administration, faculty and staff of a school and to create
9 a new school with new leadership and personnel as an alternative
10 to closure of the school.
11 "School." A public or nonpublic elementary or secondary
12 school located in this Commonwealth where a Commonwealth
13 resident may legally fulfill compulsory school requirements and
14 which meets the applicable requirements of Title VI of the Civil
15 Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). The term
16 includes a full-time or part-time kindergarten program operated
17 by a school. The term does not include an approved private
18 school under section 1376 or a charter school under Article
19 XVII-A.
20 "School district improvement plan." A plan to improve the
21 level of student performance and the management and operation of
22 a school district transmitted to the department by the board of
23 school directors under section 1703-B(g) or by the Board of
24 Control under section 1706-B(c).
25 "Secretary." The Secretary of Education of the Commonwealth.
26 Section 1703-B. Academic Recovery List.--(a) (1) The
27 department shall place a school district that has a history of
28 low test performance on an academic recovery list. The
29 department shall immediately notify the school district of its
30 placement on the academic recovery list.
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1 (2) Upon adoption of a resolution, the board of school
2 directors may petition the department for placement on the
3 academic recovery list if the school district has a combined
4 average of fifty per centum or more of students scoring in the
5 bottom measured group of twenty-five per centum or below basic
6 level of performance on the Pennsylvania State assessment tests
7 under 22 Pa. Code Ch. 4 (relating to academic standards and
8 assessments) in math and reading in the preceding two (2) school
9 years.
10 (b) The department shall provide a school district on the
11 academic recovery list with a list of every school in that
12 district with a history of low test performance. These schools
13 shall be listed based upon the percentage of students with a
14 history of low test performance.
15 (c) (1) No later than fourteen (14) days after notification
16 pursuant to subsection (a), the department shall establish an
17 academic advisory team for each school district placed on the
18 academic recovery list. The academic advisory team shall work in
19 the school district with the school district recovery team to
20 assist in the development of the school district improvement
21 plan.
22 (2) The academic advisory team shall consist of no less than
23 three (3) nor more than six (6) members and shall be composed of
24 experts selected by the department, who possess knowledge and
25 experience in such areas as school or business administration,
26 staff development, early childhood education, curriculum
27 development, budget development or fiscal management, labor
28 relations or special education. These experts may include
29 certificated teachers and administrators, school board members,
30 school business officials, and academic experts or consultants.
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1 The academic advisory team shall not be composed entirely of
2 department staff.
3 (d) (1) No later than thirty (30) days following the
4 placement of a school district on the academic recovery list,
5 the school district shall establish a school district recovery
6 team to work with the academic advisory team established under
7 subsection (c) to develop a school district improvement plan.
8 (2) The school district recovery team shall consist of
9 eleven (11) members, as follows:
10 (i) One (1) member of the board of school directors who may
11 be the president or a designated member of the board.
12 (ii) The superintendent of the school district.
13 (iii) The school business manager or the individual
14 responsible for the fiscal management of the school district.
15 (iv) A principal from a district school selected by all
16 principals in the district.
17 (v) A teacher from a district school selected by all
18 teachers in the district.
19 (vi) Two (2) parents of students from district schools, at
20 least one of whom has a child in a district school identified
21 under subsection (b).
22 (vii) A local representative of business.
23 (viii) A local community leader.
24 (ix) Two (2) members of the general public, which may
25 include local law enforcement, social service providers or
26 health care providers serving the school district.
27 (3) The board of school directors shall establish procedures
28 for selecting the parents, the business and community leaders
29 and members of the general public. The procedures shall ensure
30 public awareness of these openings and input from local parent
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1 organizations, local business organizations and community and
2 civic organizations.
3 (4) The school district recovery team shall elect a
4 chairperson from among its membership at its first meeting. No
5 school director or employe of the school district shall be
6 eligible for election as chairperson.
7 (e) The school district improvement plan developed pursuant
8 to subsection (c) shall give priority consideration to
9 improvement of schools identified pursuant to subsection (b) and
10 shall set forth specific methods and goals for improving the
11 educational performance of each district school and the school
12 district, that include all of the following:
13 (1) Revisions to the curriculum, instructional practices and
14 programming that will enable students to attain the academic
15 standards under 22 Pa. Code Ch. 4 (relating to academic
16 standards and assessment).
17 (2) A timetable that includes periodic assessments and
18 evaluations of the performance of each district school and the
19 school district.
20 (3) The manner in which school district personnel and
21 resources will be utilized.
22 (4) Developmental activities and programs that will assist
23 teachers and administrators in enabling students to attain
24 academic standards.
25 (5) Policies and procedures to assure a safe and secure
26 school environment.
27 (6) Other nonacademic and noninstructional programs and
28 services to be utilized.
29 (7) Coordination with programs and services outside of the
30 school to support the implementation of the school district
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1 improvement plan.
2 (8) Specific procedures to inform parents or guardians and
3 the community of the performance of each district school, and to
4 increase their participation.
5 (9) Performance standards that will be included in the
6 contracts of principals and superintendents.
7 (10) The use of existing appropriations and revenues,
8 including school improvement grants as provided in section 1710-
9 B, to implement the school district improvement plan.
10 (f) The school district recovery team shall hold at least
11 one public hearing prior to submitting its school district
12 improvement plan to the school board. Additionally, the plan
13 shall be made available for public inspection in the school
14 district offices for at least ten (10) days prior to its
15 submission to the board of school directors.
16 (g) The board of school directors shall transmit the final
17 school district improvement plan to the department with its
18 recommendations within one hundred twenty (120) days of the
19 establishment of the school district recovery team under
20 subsection (d).
21 (h) The department shall return the school district
22 improvement plan to the board of school directors with its
23 approval or any request for modifications no later than thirty
24 (30) days following its submission. Any further modifications
25 made by the school district recovery team shall be transmitted
26 to the department by the board of school directors.
27 (i) Amendments to an existing school district improvement
28 plan may be transmitted to the department, in a manner
29 prescribed by the department, whenever the school district
30 recovery team working with the board of school directors
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1 determines that the amendments will improve the performance of
2 the school district.
3 Section 1704-B. Board of School Directors.--(a)
4 Notwithstanding any other provision of law to the contrary, the
5 board of school directors of a school district on the academic
6 recovery list may do any of the following consistent with the
7 school district improvement plan:
8 (1) Establish any school as a charter school under section
9 1707-B.
10 (2) Designate any school of the district as an independent
11 school operating under a school-based management agreement with
12 the board of school directors granting operational control to
13 the governing body of the independent school. The governing body
14 of the independent school, including its membership and
15 selection process, shall be established by the board of school
16 directors. The governing body shall include representatives of
17 parents and teachers. A school designated as independent under
18 this paragraph shall have the authority to decide all matters
19 related to the operation of the school, including the exercise
20 of powers provided under this article. The school-based
21 management agreement shall do the following, consistent with the
22 school district improvement plan:
23 (i) Describe the governance structure of the independent
24 school, including the method for the selection of members to the
25 governing body.
26 (ii) Prescribe the educational goals and mission of the
27 independent school and the curriculum to be offered.
28 (iii) Describe the academic, fiscal and other goals and
29 objectives for which the independent school will be held
30 accountable and the evaluation criteria and procedures that will
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1 be employed to determine whether the school is meeting its goals
2 and objectives.
3 (iv) Grant the independent school allocation of and control
4 over its total per pupil funding and budget.
5 (v) Grant the independent school control of the educational
6 program and curriculum.
7 (vi) Prescribe the authority of the independent school to
8 establish working conditions, select and assign professional and
9 nonprofessional employes, establish nonteaching duties, extend
10 the length of the school year and schedule of the school day,
11 including holding class after regular hours.
12 (vii) Define the terms under which the school-based
13 management agreement may be terminated, extended or renewed.
14 (3) Employ professional staff in accordance with section
15 1724-A as it pertains to certification.
16 (4) Enter into contracts with an individual or a for-profit
17 or nonprofit organization, which shall be authorized to operate
18 a school and employ its own staff to provide educational or
19 other services.
20 (5) Reconstitute a school.
21 (6) Notwithstanding section 1125.1, reassign, suspend or
22 dismiss a professional employe.
23 (7) Supervise and direct principals, teachers and
24 administrators.
25 (8) Rescind without penalty the contract of the
26 superintendent and other administrative personnel entered into
27 after the effective date of this article.
28 (b) The board of school directors of a school district on
29 the academic recovery list shall submit an annual report to the
30 department that includes a list of all contracts entered into by
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1 the board and any other information relating to the
2 implementation of this section as required by department
3 guidelines.
4 (c) No school established or operated under this section may
5 engage in any sectarian activities or provide any religious
6 instruction, or display religious objects and symbols on the
7 premises of the school.
8 Section 1705-B. Academic Reform Districts.--(a) Except as
9 provided in subsection (h), a school district on the academic
10 recovery list that does not meet the goals for improving
11 educational performance set forth in the school district
12 improvement plan and maintains a history of low test performance
13 at the end of the second school year following the date of its
14 placement on the list shall be certified by the department as an
15 academic reform district and a Board of Control shall be
16 established. The department may allow the school district to
17 remain on the academic recovery list for an additional school
18 year prior to certifying the school district as an academic
19 reform district if the department determines that the additional
20 year will enable the school district to improve test performance
21 and meet other goals set forth in the school district
22 improvement plan.
23 (b) The Board of Control shall be comprised of three members
24 as follows:
25 (1) the secretary, who shall serve as chairman, or a
26 designee; and
27 (2) two members who are residents of a county in which the
28 school district is located and who shall be appointed by the
29 secretary within fourteen (14) days of the school district's
30 certification as an academic reform district.
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1 (c) No person who is an officer, board member or employe of
2 the school district shall be appointed to the Board of Control.
3 (d) Members of the Board of Control who are not employes of
4 the Commonwealth or a political subdivision shall receive
5 compensation under section 692.2.
6 (e) Vacancies on the Board of Control shall be filled in the
7 same manner as the original appointment.
8 (f) Members of the Board of Control shall serve at the
9 pleasure of the secretary.
10 (g) Actions of the Board of Control shall be by a majority
11 vote. A majority of the members appointed shall constitute a
12 quorum.
13 (h) (1) A board of control established under section 692
14 shall be abolished upon certification of the school district as
15 an academic reform district. The school district shall be
16 operated by a Board of Control established under subsection (a).
17 The secretary may appoint the same individuals serving on the
18 board of control under section 692 to the Board of Control under
19 subsection (b).
20 (2) Sections 691 and 692 of this act shall not apply to a
21 school district certified as an academic reform district.
22 (3) For a school district with a history of low test
23 performance that is certified as distressed for a minimum period
24 of two (2) years under sections 691 and 692 on the effective
25 date of this article, the department shall waive the inclusion
26 of the school district on the academic recovery list under
27 section 1703-B(a), and immediately certify the school district
28 as an academic reform district.
29 Section 1706-B. Powers and Duties of Board of Control.--(a)
30 Except for the power to levy taxes, the Board of Control may
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1 exercise all other powers and duties conferred by law on the
2 board of school directors. In addition to the powers set forth
3 in section 1704-B(a), the Board of Control shall have the power
4 to close a district school.
5 (b) The department shall provide a Board of Control, in a
6 school district certified as an academic reform district, with a
7 list of every school in that district with a history of low test
8 performance. These schools shall be listed based upon the
9 percentage of students with a history of low test performance.
10 (c) The Board of Control shall review the school district
11 improvement plan in conjunction with the school district's
12 academic advisory team and the school district recovery team.
13 Based on that review, the Board of Control shall develop a
14 revised school district improvement plan that meets the
15 requirements of section 1703-B(e). The revised plan shall be
16 submitted to the department for approval within one hundred
17 twenty (120) days of the appointment of the Board of Control.
18 Amendments shall be submitted as provided in section 1703-B(i).
19 (d) Following the submission of the revised school district
20 improvement plan by the Board of Control or upon restoration of
21 control to the board of school directors pursuant to section
22 1711-B(a), the school district's academic advisory team and the
23 school district recovery team shall be dissolved.
24 Section 1707-B. Charter Schools.--(a) The board of school
25 directors of a school district on the academic recovery list as
26 set forth in section 1704-B(a)(1) or a Board of Control
27 established under this article may approve a charter school
28 pursuant to Article XVII-A.
29 (b) Charter schools approved pursuant to this section shall
30 not be subject to sections 1717-A(b), (c), (d), (e), (f) and (g)
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1 and 1722-A(c).
2 (c) The board of school directors or a Board of Control may
3 suspend or revoke a charter under section 1729-A.
4 Section 1708-B. Educational Recovery Grants.--(a) The
5 department shall establish a program of educational recovery
6 grants. The Board of Control in an academic reform district
7 shall make educational recovery grants available to any student
8 enrolled in a school identified under section 1706-B(b). The
9 Board of Control may make educational recovery grants available
10 to students attending other district schools. In a school
11 district certified as an academic reform district, educational
12 recovery grants shall be available to students enrolled in a
13 district school during the prior school year. Educational
14 recovery grants shall also be available to students in
15 kindergarten or who become eligible to enroll in kindergarten.
16 (b) Except as otherwise expressly provided, nothing in this
17 article shall be construed to empower the Commonwealth or its
18 agencies or officers or political subdivisions to impose any
19 additional requirements on a nonpublic school or to require any
20 nonpublic school to accept eligible grant recipients, unless
21 otherwise required by law.
22 (c) The department shall adopt guidelines to administer the
23 educational recovery grant program which shall include the
24 following information and procedures:
25 (1) Application forms and an approval process, including
26 proof of enrollment.
27 (2) Standards for verification of the accuracy of
28 information.
29 (3) Confirmation of student attendance and dates to report
30 student attendance.
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1 (4) Pro rata refunds of grants from parents of students who
2 withdraw during the school year.
3 (5) Repayment of refunded grants to the school district.
4 (6) Dates for application and notification of grants.
5 (d) The department shall publish the guidelines in the
6 Pennsylvania Bulletin and mail a copy to each school district
7 certified as an academic reform district, to contiguous school
8 districts, and to nonpublic schools located within the
9 boundaries of all of these districts.
10 (e) (1) Except as provided in subsection (b) and clause
11 (2), a student eligible under subsection (a) shall be permitted
12 to utilize an educational recovery grant to attend a public or
13 nonpublic school selected by the student's parent or guardian
14 beginning the first school year following the certification of a
15 school district as an academic reform district.
16 (2) A student eligible under subsection (a) may attend a
17 public school pursuant to this subsection, unless any of the
18 following occur:
19 (i) A determination has been made that no attendance slots
20 are available in accordance with clause (3) and notification has
21 been provided to the department and the student in accordance
22 with department guidelines.
23 (ii) The student's attendance would place the requested
24 school district or the district of residence in violation of a
25 valid and binding desegregation order.
26 (iii) A determination has been made that the public school
27 requested does not offer appropriate programs or is not
28 structured or equipped with the necessary facilities to meet the
29 special needs of the student or does not have a particular
30 program requested.
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1 (iv) The student was expelled or is in the process of being
2 expelled pursuant to sections 1317.2 and 1318.
3 (v) The student does not meet the established criteria for a
4 selected magnet school or school with a specialized academic
5 mission. This type of eligibility criteria shall not be utilized
6 to determine admission to other public schools.
7 (3) For purposes of this section, each school district, area
8 vocational-technical school and intermediate unit shall in its
9 sole discretion annually determine by resolution the number of
10 attendance slots at each age or grade level that will be
11 available for students utilizing an educational recovery grant
12 at each of its public schools. The resolution making the
13 determination shall be submitted to the department no later than
14 August 1 of each year. The department shall not abrogate or
15 modify a determination regarding the number of available
16 attendance slots for students utilizing educational recovery
17 grants.
18 (4) For purposes of filling the available attendance slots
19 established pursuant to clause (3), preference shall be given to
20 students in the following order:
21 (i) a student who attended a school in the district
22 utilizing an educational recovery grant during the preceding
23 school year; and
24 (ii) any other student utilizing an educational recovery
25 grant, who shall be selected through a publicly conducted
26 lottery.
27 (f) (1) Educational recovery grants shall consist of the
28 amount of the basic education funding per average daily
29 membership of the student's district of residence in the prior
30 fiscal year. A student utilizing a grant to attend a public
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1 school outside the student's district of residence or a
2 nonpublic school shall be included in the average daily
3 membership of the district of residence.
4 (2) Educational recovery grants shall not exceed the amount
5 of tuition charged by the school. If the amount of the grant is
6 insufficient to meet the tuition charge of a public school,
7 payment by the parent or guardian of one/third of the balance of
8 the tuition charge shall constitute payment in full of the
9 school's tuition charge. If the amount of the grant exceeds the
10 tuition charge of a nonpublic school, the Commonwealth shall pay
11 any amount remaining after the tuition is paid to the school
12 district of residence.
13 (3) For a student who is defined as a "child with
14 exceptionalities" under section 1371 and who utilizes an
15 educational recovery grant to attend a public school, the amount
16 of the grant shall be calculated in accordance with clauses (1)
17 and (2). The school district of residence shall pay to the
18 receiving school district any additional costs of services
19 provided for that student that exceed the tuition charge. The
20 additional costs for these services shall not exceed the
21 budgeted amount that would have been paid by the district of
22 residence had the student remained in the district. Costs that
23 exceed the budgeted amount shall be paid by the receiving school
24 district. The district of residence shall provide documentation
25 of any prior year costs and the budgeted costs of providing the
26 services had the student remained in that district. The grant
27 and payment for additional costs under this clause shall not
28 exceed the actual costs of services provided to the student by
29 the receiving school district.
30 (4) The Commonwealth shall pay to the school district, area
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1 vocational-technical school or intermediate unit attended by a
2 student utilizing an educational recovery grant the amount
3 calculated in accordance with clauses (1) and (2). The
4 Commonwealth shall make periodic payments to the parent or
5 guardian of a student utilizing a grant to attend a nonpublic
6 school for the amount of tuition that does not exceed the per
7 pupil basic education funding. The amount paid to a school
8 district, area vocational-technical school, intermediate unit,
9 or parent or guardian shall be paid from the current year basic
10 education funding allocation of the school district of
11 residence.
12 (5) If a student receiving a grant under this section is no
13 longer enrolled in a public or nonpublic school at any time
14 during the school year, the school shall notify the school
15 district of residence and the department within ten (10) days of
16 withdrawal. Following receipt of notice that the student is no
17 longer enrolled in a public school, the department shall
18 withhold the amount paid to the school district under clause (4)
19 from future funds owed to the receiving school district.
20 Following receipt of notice that the student is no longer
21 enrolled in a nonpublic school, the parent or guardian shall
22 submit the full amount of a pro rata refund payment to the
23 department within thirty (30) days of receipt of notification
24 that payment is due, unless the student is timely enrolled in
25 another nonpublic school.
26 (6) If the parent or guardian fails to submit the refund
27 under clause (5), the department may impose interest calculated
28 from the due date at the rate determined by the Department of
29 Revenue for interest on overdue taxes or refund of taxes under
30 sections 806 and 806.1 of the act of April 9, 1929 (P.L.343,
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1 No.176), known as "The Fiscal Code." If the parent or guardian
2 fails to submit the full refund within one hundred eighty (180)
3 days of a written demand, the department may also impose an
4 administrative penalty not to exceed the full amount of the
5 grant and disqualify the parent or guardian from eligibility for
6 a grant under this section for up to five (5) years.
7 (g) For purposes of academic continuity, any student
8 utilizing a grant on the date the certification of a school
9 district as an academic reform district is removed, and who
10 remains a resident of the district, shall be able to continue
11 attending a public or nonpublic school utilizing an educational
12 recovery grant until that student graduates from high school. At
13 any time, the student's parent or guardian may remove the
14 student from the public or nonpublic school and place the
15 student in the school district of residence.
16 (h) (1) A student who is eligible for an educational
17 recovery grant under this section and who attends a school
18 within the academic reform district shall be provided
19 transportation to that school on the same terms and conditions
20 as transportation is provided to students attending schools
21 within the district.
22 (2) A student utilizing a grant under this section to attend
23 a nonpublic school shall be provided transportation pursuant to
24 section 1361.
25 (3) A school district providing transportation to a student
26 utilizing a grant to attend a school outside the district shall
27 be eligible for payments under section 2509.3 for each student
28 transported.
29 (i) (1) A parent or guardian who fraudulently submits an
30 application under this section or who knowingly falsifies
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1 information on an application shall be subject to an
2 administrative penalty imposed by the department of up to five
3 thousand dollars ($5,000) and shall be disqualified from
4 participation in the program for five (5) years.
5 (2) A parent or guardian who is convicted of or who pleads
6 guilty or nolo contendere to fraudulently submitting or
7 falsifying information on an application shall be guilty of a
8 misdemeanor of the third degree and shall be subject to a fine
9 of up to five thousand dollars ($5,000) or imprisonment for up
10 to one year, or both.
11 (3) A school that wilfully fails to provide timely notice to
12 the department under section 1708-B(f)(5) shall be subject to a
13 penalty imposed by the department of up to one thousand dollars
14 ($1,000) per offense.
15 (j) A grant to a parent or guardian under this section or
16 section 1718-B shall not be considered to be taxable income for
17 purposes of Article III of the act of March 4, 1971 (P.L.6,
18 No.2), known as the "Tax Reform Code of 1971," nor shall grants
19 constitute financial assistance or appropriations to the
20 educational institution attended by a student.
21 (k) No school may charge a higher tuition than the student
22 would have been charged without receiving a grant.
23 (l) A student who utilizes a grant under subsection (a) and
24 the parent or guardian of that student shall comply with the
25 following requirements:
26 (1) The student shall maintain regular attendance throughout
27 the school year, unless excused for illness or other good cause,
28 and shall comply with the school's code of conduct.
29 (2) The parent or guardian of the student shall comply with
30 the school's parental academic involvement requirements, unless
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1 excused by the school for illness or other good cause.
2 (3) The student shall be tested and the results reported to
3 the department in accordance with the following:
4 (i) A student attending a public school shall be tested
5 pursuant to 22 Pa. Code § 4.51 (relating to State assessment
6 system).
7 (ii) A student who attends a nonpublic school shall be
8 tested pursuant to 22 Pa. Code § 4.51 or pursuant to department
9 guidelines using a test selected by the nonpublic school from a
10 list developed by the department of five nationally normed
11 standardized tests.
12 Section 1709-B. School Directors to Remain in Office;
13 Powers.--(a) Members of the board of school directors of a
14 school district under the direction of a Board of Control shall
15 not resign their offices for the remainder of their terms,
16 except with the consent of the Board of Control. During the
17 operation of the district by the Board of Control, the members
18 of the school board shall continue in office for the remainder
19 of their terms unless a member is: removed for neglect of duty
20 under section 318 by the court of common pleas; elected or
21 appointed to another position not compatible with the position
22 of school director; or appointed to any position for which the
23 appointee is prohibited from holding elective office. The school
24 directors shall continue to have the power to levy taxes and
25 shall perform such other duties as may be delegated to them by
26 the Board of Control. The appointment of a Board of Control
27 shall not interfere with the election, reelection or appointment
28 of school directors.
29 (b) A school district of the first class that is operating
30 under a Board of Control pursuant to section 1705-B(a) and a
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1 city of the first class shall comply with provisions regarding
2 taxation and financial matters, including sections 507, 691 and
3 696(h)(1), (2), (3) and (4).
4 Section 1710-B. School Improvement Grants.--(a) The
5 department shall establish a program of school improvement
6 grants for school districts on the academic recovery list or
7 certified as academic reform districts to assist in the
8 implementation of their school district improvement plans.
9 (b) Grants shall be limited to the amount appropriated for
10 that purpose.
11 (c) Grants shall be provided to the school district for use
12 as directed by the school district recovery team or the Board of
13 Control in implementing the school district improvement plan
14 developed pursuant to sections 1703-B and 1706-B as follows:
15 (1) To purchase instructional materials, including
16 textbooks, technology and related educational materials and
17 supplies.
18 (2) To reduce class size in kindergarten through grade
19 three.
20 (3) To establish after-school, summer and weekend programs.
21 (4) To establish or expand full-day kindergarten programs.
22 (5) To fund curriculum development.
23 (6) To fund enhanced staff professional development.
24 (7) To fund any other program contained in the school
25 improvement plan.
26 (d) The amount of the grant shall be up to seventy-five
27 dollars ($75) per pupil enrolled in each of the individual
28 schools identified pursuant to sections 1703-B(b) and 1706-B(b).
29 The school district or the Board of Control shall give these
30 schools priority in allocating the grant funding received under
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1 this section.
2 (e) The department shall set forth the specific allowable
3 uses for grant funds and place conditions, as necessary, on the
4 use of grant funds. The department shall establish
5 accountability procedures and auditing guidelines to ensure that
6 grant funds are utilized in accordance with the allowable uses
7 and conditions.
8 (f) A school district receiving a grant under this section
9 shall be required to maintain separate accounts in that school
10 district's budget to facilitate monitoring the use of these
11 grant funds.
12 (g) The department shall reduce the amount of a State
13 subsidy payment to a school district by the amount of any grant
14 funds provided under this section if the school district does
15 not use the grant funds in accordance with the allowable uses
16 and conditions set forth by the department.
17 Section 1711-B. Restoration of Control.--(a) When a school
18 district on the academic recovery list, or certified as an
19 academic reform district, no longer has a history of low test
20 performance and has reached the goals set forth in the school
21 district improvement plan, the department shall remove the
22 school district from the academic recovery list or remove the
23 certification as an academic reform district. When the
24 department removes a school district from the academic recovery
25 list or from certification as an academic reform district, the
26 board of school directors shall exercise the powers and duties
27 imposed or conferred by law.
28 (b) The provisions of section 1704-B shall continue
29 following removal from the academic recovery list or removal of
30 the certification as an academic reform district unless
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1 suspended or revoked, in whole or in part, by the board of
2 school directors.
3 Section 1712-B. Performance Evaluation.--(a) On February 1
4 of the third year following implementation of the educational
5 recovery grant program under section 1708-B, an independent
6 evaluation of the educational recovery grant program shall be
7 conducted. The evaluation report shall be provided to the
8 Governor and the General Assembly by December 1 of the same
9 calendar year.
10 (b) The department shall solicit requests for proposals for
11 the evaluation of the educational recovery grant program. The
12 proposals shall be available for public inspection at least
13 thirty (30) days prior to the awarding of the contract for the
14 evaluation. The evaluation procedure shall include a public
15 comment and review process on the educational recovery grant
16 program.
17 (c) The evaluation shall consider:
18 (1) the academic programs and levels of academic performance
19 of students in public schools and students utilizing educational
20 recovery grants to attend public and nonpublic schools.
21 (2) the educational and fiscal feasibility and effectiveness
22 of the educational recovery grant program; and
23 (3) parental satisfaction with the educational recovery
24 grant program and parental compliance with the provisions of
25 section 1708-B(l)(2).
26 (d) The department shall provide technical and other
27 assistance to facilitate completion of the report.
28 (e) The evaluation shall not include any listing of programs
29 or contain any assessments or measurements which address or
30 measure the attitudes, values or personal beliefs of the
19990S1132B1397 - 23 -
1 students attending a school under the educational recovery grant
2 program.
3 (f) A nonpublic school shall only be required to provide
4 information for the independent evaluation to the extent that
5 the information required under subsection (c) is readily
6 available and does not require significant additional data
7 collection by the school.
8 Section 1713-B. Annual Report to the Governor and General
9 Assembly.--(a) On or before October 1 of every year, the
10 department shall provide a report to the Governor and the
11 General Assembly regarding the implementation of this article
12 for the immediately preceding school year.
13 (b) The annual report shall contain the following
14 information:
15 (1) The names of school districts on the academic recovery
16 list, or certified as academic reform districts, and the date of
17 placement on the list or certification.
18 (2) A progress report consistent with the school district
19 improvement plans.
20 (3) The names of any school districts removed from the prior
21 year's academic recovery list, or which are no longer certified
22 as academic reform districts.
23 (4) Any recommended changes to this article.
24 (c) The report shall be filed with the Governor's Office,
25 the Secretary of the Senate, the Chief Clerk of the House of
26 Representatives, the chairman and minority chairman of the
27 Education Committee of the Senate and the chairman and minority
28 chairman of the Education Committee of the House of
29 Representatives.
30 Section 1714-B. Collective Bargaining.--Nothing contained in
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1 this article shall supersede or preempt any provisions of a
2 collective bargaining agreement between a school district and an
3 employe organization in effect on the effective date of this
4 article.
5 Section 1715-B. Severability.--(a) Except as provided in
6 subsection (b), the provisions of this article are severable. If
7 any provision of this article or its application to any person
8 or circumstance is finally determined to be invalid, the
9 invalidity shall not affect other provisions or applications of
10 this article which can be given effect without the invalid
11 provision or application.
12 (b) (1) If the provisions of section 1708-B(e)(3), which
13 enable a school district to determine the number of available
14 attendance slots for students utilizing an educational recovery
15 grant at each public school, are finally determined to be
16 facially invalid by an appellate court of competent
17 jurisdiction, all of section 1708-B shall be invalid.
18 (2) If the statutory authority for educational recovery
19 grants to parents or guardians of students attending nonpublic
20 schools is finally determined by an appellate court of competent
21 jurisdiction to be unconstitutional, then educational recovery
22 grants for students attending public schools shall be invalid.
23 If the statutory authority for educational recovery grants for
24 students attending public schools is finally determined by an
25 appellate court of competent jurisdiction to be
26 unconstitutional, then educational recovery grants to parents or
27 guardians of students attending nonpublic schools shall be
28 invalid.
29 Section 1716-B. Original Jurisdiction.--The Pennsylvania
30 Commonwealth Court shall have original jurisdiction to hear any
19990S1132B1397 - 25 -
1 challenge to or to render a declaratory judgment concerning the
2 constitutionality of this article and issues related thereto.
3 The Commonwealth Court is authorized to take such action as it
4 deems appropriate, consistent with its retaining jurisdiction
5 over such a matter. This shall include finding facts or
6 expediting a final judgment in connection with such a challenge
7 or request for declaratory relief.
8 Section 1717-B. Desegregation Orders.--Neither the board of
9 school directors nor a Board of Control in a school district
10 operating under a desegregation plan approved by the
11 Pennsylvania Human Relations Commission or a desegregation order
12 by a Federal or State court shall establish an independent
13 school, a charter school or contract with an individual, a for-
14 profit or nonprofit organization to operate a school if such
15 action would place the school district in noncompliance with its
16 desegregation order.
17 Section 1718-B. Local Educational Opportunity Grants by
18 School Districts.--(a) The General Assembly finds as follows:
19 (1) It is the policy of this Commonwealth to enable school
20 districts to enhance the primary right and obligation of parents
21 to choose the education and training of their school-age
22 children.
23 (2) The General Assembly intends the program of educational
24 choice provided in this article to be but one element of its
25 overall program of providing funds to assure the availability of
26 educational opportunities for students enrolled in the schools
27 of this Commonwealth. A comparatively far greater proportion of
28 public funds are and, upon implementation of an educational
29 choice program, will continue to be devoted to the benefit of
30 students enrolled in the public schools of this Commonwealth.
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1 (3) An educated populace is essential to the political and
2 economic health of this Commonwealth and its citizens.
3 (4) Providing educational opportunities that serve the needs
4 of this Commonwealth is a governmental duty.
5 (5) Innovative approaches and a variety of programming
6 options serve to enhance educational opportunities.
7 (6) The legitimate interest of this Commonwealth and its
8 school districts in facilitating an effective system of
9 educational opportunities for children of this Commonwealth is
10 enhanced by encouraging competitive and diverse alternatives for
11 parents and students that enable them to choose from both public
12 and nonpublic educational programs.
13 (7) Providing parents with nonpublic educational
14 alternatives can decrease the burdens on school districts and
15 increase the range of educational opportunities available to
16 families residing in participating school districts, thereby
17 benefiting this Commonwealth and its citizens.
18 (8) School-age children residing in participating school
19 districts, their parents and the Commonwealth will benefit from
20 a program of tuition assistance that fosters the ability of a
21 parent to choose the educational setting most appropriate to
22 each child's needs.
23 (9) The enhancement of educational opportunities in this
24 Commonwealth will develop a more capable and better-educated
25 work force, thereby improving the ability of our citizens to
26 compete for employment opportunities in a global economy.
27 (b) The board of school directors of a school district may
28 establish a program of local educational opportunity grants from
29 the funds of the district for school-age children who reside in
30 that district to attend a public or nonpublic school on a
19990S1132B1397 - 27 -
1 tuition paying basis.
2 (c) The program shall be implemented in accordance with the
3 following:
4 (1) Except in school districts of the first class, the board
5 of school directors shall adopt a resolution establishing the
6 program at a regularly scheduled meeting of the board.
7 (2) In a school district of the first class, the board of
8 school directors or the mayor may establish a program pursuant
9 to this section from funds allocated for that purpose.
10 (3) The local educational opportunity grant shall be paid to
11 the parent or guardian of the eligible student in an amount
12 determined by the board of school directors. The local
13 educational opportunity grant shall not exceed the actual
14 tuition paid to the public or nonpublic school attended by the
15 student.
16 (4) The board of school directors shall prepare guidelines
17 that include an application form and approval process, methods
18 for verification of the accuracy of application information and
19 confirmation of attendance by grant recipients, and dates for
20 submission of grant applications and notification of grant
21 awards.
22 (5) The local educational opportunity grant shall be paid to
23 the parent or guardian of the eligible student upon receipt of
24 written confirmation of enrollment from the school attended by
25 the student.
26 Section 1719-B. Mandate Waiver Program.--(a) Except as
27 otherwise provided in this section, the board of school
28 directors may adopt a resolution to waive any provision of this
29 act, the regulations of the State Board of Education or the
30 standards of the secretary if the waiver will enable the school
19990S1132B1397 - 28 -
1 district to improve its instructional program or operate in a
2 more effective, efficient or economical manner.
3 (b) The application for a waiver shall be in a manner and in
4 a form developed by the department and shall:
5 (1) Specify the need for the waiver.
6 (2) Provide supporting data and information to explain the
7 benefits to be obtained by the waiver and, when applicable, to
8 explain the instructional program that will operate under the
9 waiver.
10 (3) Include an evaluation procedure to determine the
11 effectiveness of an innovative program or programs; the
12 effectiveness of a revised instructional program, which shall
13 include measures of student performance; and the effectiveness
14 of changes in the operations of the school district.
15 (c) The request for a waiver shall be adopted by a
16 resolution of the board of directors at a regularly scheduled
17 meeting of the board. Prior to the board of directors
18 implementing the policies or procedures contained in the waiver,
19 approval by the department shall be required.
20 (d) The department shall have sixty (60) days from receipt
21 of the application to approve, disapprove or request
22 modifications to the application. If the department fails to act
23 within that time period, the waiver shall be deemed to be
24 approved.
25 (e) If the department disapproves the application for
26 waiver, the basis for the department's disapproval shall be
27 transmitted to the board of school directors. The board of
28 school directors may submit a revised application for a waiver.
29 (f) Three years from the implementation of the waiver, the
30 board of school directors shall submit to the department the
19990S1132B1397 - 29 -
1 evaluation set forth in subsection (b)(3). When the evaluation
2 of a waiver indicates an improvement in student performance,
3 instructional program or school operations, the waiver shall be
4 renewed by the department and shall remain in effect, unless
5 rescinded by the board of school directors.
6 (g) The following provisions of this act shall not be
7 subject to waiver pursuant to this section: sections 108, 110,
8 111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,
9 443, 502, 510, 518, 527, 701.1, 708, 736, 737, 738, 739, 740,
10 741, 752, 753, 755, 771, 776, 777, 808, 809, 810, 1303(a), 1310,
11 1317, 1317.1, 1317.2, 1318, 1327, 1327.1, 1330, 1332, 1361,
12 1362, 1366, 1501, 1502, 1513, 1517, 1518, 1521, 1523, 1546 and
13 1547 of this act; provisions prohibiting discrimination;
14 Articles VI, XI, XI-A, XII, XIII-A, XIV, XVII-A and XVII-B of
15 this act;
16 (h) The following provisions of 22 Pa. Code (relating to
17 education) shall not be subject to waiver pursuant to this
18 section:
19 Ch. 4 (relating to academic standards and assessments).
20 Ch. 11 (relating to pupil attendance).
21 Ch. 12 (relating to students).
22 Ch. 14 (relating to special education services and programs).
23 § 32.3 (relating to assurances).
24 § 121.3 (relating to discrimination prohibited).
25 § 235.4 (relating to practices).
26 § 235.8 (relating to civil rights).
27 (i) The board of directors may not waive any Federal law or
28 State law applicable to a public school that is not within the
29 provisions of this act.
30 (j) The department shall issue an annual report to the
19990S1132B1397 - 30 -
1 chairman and minority chairman of the Education Committee of the
2 Senate and the chairman and minority chairman of the Education
3 Committee of the House of Representatives listing all waiver
4 requests and department approvals or disapprovals under this
5 section.
6 (k) Nothing in this section shall be construed to supersede
7 or preempt any provisions of a collective bargaining agreement
8 in effect on the effective date of this section.
9 Section 1720-B. Applicability.--Nothing in this article
10 shall be construed to supersede or abrogate the following:
11 (1) The provisions of sections 507, 691 and 696 of this act
12 pertaining to a city of the first class that is coterminous with
13 a school district of the first class or a school district of the
14 first class A.
15 (2) Sections 751, 751.1, 755, 756 and 757 to the extent that
16 these sections are not inconsistent with the "Public Works
17 Contractors' Bond Law of 1967."
18 (3) Section 1 of the act of May 1, 1913 (P.L.155, No.104),
19 entitled "An act regulating the letting of certain contracts for
20 the erection, construction, and alteration of public buildings,"
21 the act of August 15, 1961 (P.L.987, No.442), known as the
22 "Pennsylvania Prevailing Wage Act" and the act of March 3, 1978
23 (P.L.6, No.3), known as the "Steel Products Procurement Act."
24 (4) Nonpublic transportation as provided in section 1361.
25 (5) A requirement of Federal law.
26 Section 2. All acts and parts of acts are repealed insofar
27 as they are inconsistent with this act.
28 Section 3. This act shall take effect immediately.
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