PRINTER'S NO. 716
No. 660 Session of 1999
INTRODUCED BY SCHWARTZ, MARCH 24, 1999
REFERRED TO EDUCATION, MARCH 24, 1999
AN ACT
1 Relating to school districts of the first class; providing for
2 the board of education, for a superintendent of schools, for
3 budget procedures, for collective bargaining agreements and
4 for a school choice program; establishing the State Council
5 for Oversight of Reform in Education; and making an
6 appropriation.
7 TABLE OF CONTENTS
8 Chapter 1. Preliminary Provisions
9 Section 101. Short title.
10 Section 102. Definitions.
11 Chapter 3. Board of Education
12 Section 301. Function of board of education.
13 Section 302. Members of board of education.
14 Section 303. Terms of members.
15 Section 304. Diversity of membership.
16 Section 305. Vacancies on board.
17 Section 306. Officers of board and duties.
18 Section 307. Organization and procedures.
19 Chapter 5. Superintendent of Schools
1 Section 501. Superintendent appointed.
2 Section 502. General powers of superintendent.
3 Chapter 7. Budget Procedures
4 Section 701. Preparation and adoption of school district
5 budget.
6 Section 702. Public hearings.
7 Section 703. Budget amendments.
8 Section 704. Additional and increased appropriations.
9 Chapter 9. Collective Bargaining
10 Section 901. Collective bargaining.
11 Chapter 11. Special Programs
12 Section 1101. School choice program.
13 Chapter 13. State Council for Oversight of Reform in
14 Education (SCORE)
15 Section 1301. State Council for Oversight of Reform in
16 Education (SCORE) established.
17 Section 1302. SCORE duties.
18 Section 1303. Performance audit.
19 Section 1304. Expiration.
20 Chapter 21. Miscellaneous Provisions
21 Section 2101. Effect on existing collective bargaining
22 agreements.
23 Section 2102. Board of education members.
24 Section 2103. Construction.
25 Section 2104. Appropriation.
26 Section 2105. Repeals.
27 Section 2106. Applicability.
28 Section 2107. Effective Date.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
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1 CHAPTER 1
2 PRELIMINARY PROVISIONS
3 Section 101. Short title.
4 This act shall be known and may be cited as the First Class
5 School District Academic and Fiscal Reform Act.
6 Section 102. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Board of education" or "board." The board of education in a
11 school district of the first class.
12 "City." A city of the first class.
13 "City council." The city council of a city of the first
14 class.
15 "Council." The State Council for Oversight of Reform in
16 Education (SCORE) established in section 1301.
17 "Mayor." The mayor of a city of the first class.
18 "School district." A school district of the first class,
19 including a home rule school district, in existence within a
20 city of the first class on the effective date of this act.
21 "Superintendent." An individual who is appointed in a school
22 district of the first class to serve as the district
23 superintendent of the school district.
24 CHAPTER 3
25 BOARD OF EDUCATION
26 Section 301. Function of board of education.
27 The board of education is charged with the administration,
28 management and operation of the school district.
29 Section 302. Members of board of education.
30 There shall be nine members of the board of education who
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1 shall be appointed by the mayor. Members of the board shall be
2 registered voters of the city.
3 Section 303. Terms of members.
4 Beginning with the first mayoral election after the effective
5 date of this act, the terms of the members of the board of
6 education shall be concurrent with that of the mayor. Members
7 may not be removed except for cause. Members shall continue to
8 serve on the board until their successors are chosen. There
9 shall be no limit on the number of terms that a member may serve
10 on the board.
11 Section 304. Diversity of membership.
12 The members of the board shall represent the diversity of
13 people and interests in the city and, at a minimum, include
14 parents of children enrolled in the public school system and
15 representatives from business and higher education.
16 Section 305. Vacancies on board.
17 In case of a vacancy by death, resignation or removal for
18 cause, the mayor shall appoint a successor to fill the vacancy
19 in the office of the member of the board for the balance of the
20 unexpired term.
21 Section 306. Officers of board and duties.
22 (a) Officers.--The officers of the board of education shall
23 be a president, a vice president, a superintendent of schools
24 who shall be secretary and treasurer of the board and other
25 officers as the board may from time to time determine and who
26 shall have the duties as prescribed by the board.
27 (b) Superintendent.--The superintendent of schools shall
28 attend all meetings of the board and may attend all meetings of
29 any board committees, except those concerned with the
30 superintendent's salary, benefits or tenure. The superintendent
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1 shall have the right to advise on any question or matter under
2 consideration but shall have no right to vote.
3 (c) Duties of secretary and treasurer.--As secretary and
4 treasurer of the board, the superintendent shall perform the
5 duties pertaining to the business of the school district as are
6 required by law or as the board may direct.
7 Section 307. Organization and procedures.
8 (a) Organization meeting.--The board of education shall hold
9 an annual organization meeting on the first Monday of December
10 and shall, by a majority vote of all its members, elect a
11 president and a vice president from among its members.
12 (b) Meetings.--The board shall hold public meetings not less
13 often than once every two months during the school year. All
14 meetings of the board shall be public, except when the
15 president, in his discretion, or two-thirds of the members of
16 the board on a roll call vote, shall order an executive session.
17 (c) Quorum.--A majority of all the members of the board
18 shall constitute a quorum for the transaction of business. No
19 action of the board shall be binding unless a majority of the
20 members present at a public meeting shall be recorded as voting
21 in its favor, except as otherwise provided by law.
22 (d) Rules.--The board may adopt rules for its government.
23 CHAPTER 5
24 SUPERINTENDENT OF SCHOOLS
25 Section 501. Superintendent appointed.
26 The mayor shall appoint a superintendent of schools, subject
27 to confirmation by a majority of the board of education. The
28 superintendent shall serve at the pleasure of the mayor.
29 Section 502. General powers of superintendent.
30 The superintendent shall be the chief administrative officer
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1 and chief instructional officer of the board of education and
2 the school district. The superintendent shall be responsible for
3 the execution of all actions of the board, the administration
4 and operation of the school district subject to the policies of
5 the board and the supervision of all matters pertaining to
6 instruction in all the schools under the direction of the board.
7 CHAPTER 7
8 BUDGET PROCEDURES
9 Section 701. Preparation and adoption of school district
10 budget.
11 (a) Duty of superintendent.--The superintendent of schools
12 shall prepare an annual school district budget for the
13 consideration of the board of education, showing the estimated
14 costs of operations and revenues to be received in the next
15 fiscal year.
16 (b) Duty of board.--The board of education shall, at least
17 30 days before the end of the fiscal year, adopt, by majority
18 vote of all its members, an operating budget setting forth in
19 lump sum amounts the proposed expenditures of the board during
20 the next fiscal year as to each principal administrative unit of
21 the school district, according to such classes of expenditures
22 as the board may determine, and the estimated receipts of the
23 board during the next fiscal year, including approximate
24 estimates of proposed revenues and all other receipts. The total
25 amount of proposed expenditures shall not exceed the amount of
26 funds available for school district purposes. At least 60 days
27 prior to adoption of the annual operating budget, the board
28 shall adopt and submit to the mayor and city council a lump sum
29 statement of anticipated receipts and expenditures for the next
30 fiscal year and a request for authority to levy taxes to balance
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1 its budget for the year.
2 (c) Duty of mayor.--The mayor shall review and make changes
3 in the proposed school district budget as the mayor deems
4 appropriate. The mayor shall submit the proposed school district
5 budget as part of the proposed annual operating budget of the
6 city as otherwise required by law.
7 (d) Duty of city council.--The city council shall review and
8 make changes in the proposed school district budget and adopt
9 the annual operating budget as otherwise required by law.
10 Section 702. Public hearings.
11 The board shall, at least 30 days prior to the time any
12 budget or amendment thereto is adopted, conduct at least one
13 public hearing thereon. At least 30 days' notice of a public
14 hearing shall be published by advertisement at least once in two
15 newspapers of general circulation. The board shall make
16 available to the public a reasonable number of copies of the
17 budget or amendment, and the notice of public hearing shall
18 state where copies may be obtained or inspected.
19 Section 703. Budget amendments.
20 The board shall have the power to amend the budget to
21 authorize the transfer of any unencumbered balance, or any
22 portion thereof, from one appropriation to another, or from one
23 spending agency to another.
24 Section 704. Additional and increased appropriations.
25 The board shall have the power to make additional
26 appropriations or increase existing appropriations to meet
27 emergencies which could not be anticipated when the budget was
28 adopted, the funds therefor to be provided from unexpended
29 balances in existing appropriations, from unappropriated
30 revenues, if any, or from temporary loans. Under no other
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1 circumstances may the board increase the aggregate total of
2 budget appropriations unless unappropriated revenues become
3 available in sufficient amount to maintain the budget in
4 balance, in which event the board may make additional or
5 increased appropriations.
6 CHAPTER 9
7 COLLECTIVE BARGAINING
8 Section 901. Collective bargaining.
9 A collective bargaining agreement between a school district
10 and a representative of its employees is subject to the approval
11 of the mayor.
12 CHAPTER 11
13 SPECIAL PROGRAMS
14 Section 1101. School choice program.
15 (a) General rule.--The superintendent of schools in
16 conjunction with the board of education shall develop a school
17 choice program whereby each student within the school district
18 is afforded the opportunity to attend the public school within
19 the district selected by the student's parent or guardian. The
20 program plan shall be submitted by January 1, 2000, to the
21 Secretary of Education for approval or disapproval by the
22 secretary.
23 (b) Costs.--The Commonwealth shall assume any additional
24 costs associated with the development and implementation of a
25 school choice program under subsection (a).
26 CHAPTER 13
27 STATE COUNCIL FOR OVERSIGHT OF REFORM IN
28 EDUCATION (SCORE)
29 Section 1301. State Council for Oversight of Reform in
30 Education (SCORE) established.
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1 (a) Establishment.--The State Council for Oversight of
2 Reform in Education (SCORE) is hereby established. The council
3 shall consist of seven members, as follows:
4 (1) Three members appointed by the Governor.
5 (2) One member appointed by the President pro tempore of
6 the Senate and one member appointed by the Minority Leader of
7 the Senate.
8 (3) One member appointed by the Speaker of the House of
9 Representatives and one member appointed by the Minority
10 Leader of the House of Representatives.
11 Members appointed under paragraph (2) or (3) shall be other than
12 members of the General Assembly.
13 (b) Terms.--Members of the council shall be appointed for
14 terms of four years each. Vacancies shall be filled for the
15 unexpired terms of appointed members in the same manner as the
16 original appointments.
17 (c) Chairperson.--The council shall elect one of its members
18 to serve as its chairperson at the pleasure of the council.
19 (d) Quorum.---A majority of all members of the council shall
20 constitute a quorum for the transaction of business.
21 (e) Expenses.--Members shall receive no compensation for
22 their services but shall be reimbursed for expenses necessarily
23 incurred in the performance of their duties.
24 (f) Public meetings and records.--The council shall be
25 subject to the act of June 21, 1957 (P.L.390, No.212), referred
26 to as the Right-to-Know Law, and the act of July 3, 1986
27 (P.L.388, No.84), known as the Sunshine Act.
28 Section 1302. SCORE duties.
29 The council shall report annually to the Governor and the
30 General Assembly on the following:
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1 (1) The extent to which school districts of the first
2 class are providing for student attainment of academic
3 standards established by the State Board of Education and the
4 strategic plans of the school districts.
5 (2) The extent to which school districts of the first
6 class are using their financial resources efficiently.
7 (3) The extent to which school districts of the first
8 class are involving parents in the education of their
9 children.
10 (4) Whether any school district of the first class is
11 financially distressed.
12 (5) Whether additional financial resources are needed
13 for any school district of the first class to accomplish its
14 mission.
15 Section 1303. Performance audit.
16 The council may conduct a performance audit of a school
17 district. The council shall make a written report of the
18 findings of any performance audit and shall submit a copy of
19 that report to the General Assembly.
20 Section 1304. Expiration.
21 This chapter shall expire July 1, 2004.
22 CHAPTER 21
23 MISCELLANEOUS PROVISIONS
24 Section 2101. Effect on existing collective bargaining
25 agreements.
26 Nothing contained in this act shall supersede or preempt any
27 provisions of an existing collective bargaining agreement
28 between a school district and an employee organization that is
29 in effect on the effective date of this act.
30 Section 2102. Board of education members.
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1 All members of a board of education holding office on the
2 effective date of this act shall continue in office and shall
3 exercise the powers, functions and duties of members of the
4 board until their successors are appointed in accordance with
5 this act.
6 Section 2103. Construction.
7 This act shall supersede the following provisions of the
8 Philadelphia Home Rule Charter:
9 (1) Chapter 2 of Article XII, except for section 12-210.
10 (2) Sections 12-301, 12-303 and 12-400.
11 (3) Any other provision inconsistent with this act.
12 Section 2104. Appropriation.
13 The sum of $200,000, or as much thereof as may be necessary,
14 is hereby appropriated to the State Council for Oversight of
15 Reform in Education (SCORE) for the fiscal year July 1, 1999, to
16 June 30, 2000, to carry out its duties under this act.
17 Section 2105. Repeals.
18 All acts and parts of acts are repealed insofar as they are
19 inconsistent with this act.
20 Section 2106. Applicability.
21 This act shall apply only to school districts of the first
22 class.
23 Section 2107. Effective date.
24 This act shall take effect July 1, 1999.
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