THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, DINNIMAN, BROWNE, EARLL, RAFFERTY, WASHINGTON, WILLIAMS AND BOSCOLA, FEBRUARY 1, 2010

REFERRED TO EDUCATION, FEBRUARY 1, 2010  

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," further providing for definitions;

and providing for empowering the Department of Education,

school districts, schools and parents of school children to

undertake measures necessary to improve the academic

performance of students.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "warning" in section 102 of the

act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949, amended December 23, 2003 (P.L.304, No.48),

is amended to read:

Section 102.  Definitions.--When used in this act the

following words and phrases shall have the following meanings:

* * *

"Warning."  Classification as provided in 22 Pa. Code § 403.3

(relating to single accountability system) indicating that a

school or school district has failed to make [its academic

performance targets] adequate yearly progress for one year.

Section 2.  The act is amended by adding an article to read:

ARTICLE XVII-C

2010 EDUCATION EMPOWERMENT ACT

Section 1701-C.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board of school directors."  The term shall include the

following:

(1)  The board of school directors of a school district.

(2)  The board of trustees of a charter school.

(3)  The joint operating committee of a comprehensive

vocational-technical school.

"Corrective action I."  Classification as provided in 22 Pa.

Code § 403.3 (relating to single accountability system)

indicating that a school or school district failed to make

adequate yearly progress for four consecutive years in the same

academic subject thereby requiring the development of a

corrective action plan.

"Corrective action II."  Classification as provided in 22 Pa.

Code § 403.3 (relating to single accountability system)

indicating that a school or school district failed to make

adequate yearly progress for five or more consecutive years in

the same academic subject thereby requiring the development of a

corrective action plan.

"Corrective action plan."  A school district's plan or

school-level plan designed to improve the academic performance

of a school district or a school designated for corrective

action I or corrective action II in year one, two or three.

"Department."  The Department of Education of the

Commonwealth.

"Improvement I."  Classification as provided in 22 Pa. Code §

403.3 (relating to single accountability system) indicating that

a school or school district failed to make adequate yearly

progress for two consecutive years in the same academic subject

thereby requiring the development of an improvement plan.

"Improvement II."  Classification as provided in 22 Pa. Code

§ 403.3 (relating to single accountability system) indicating

that a school or school district failed to make adequate yearly

progress for three consecutive years in the same academic

subject thereby requiring the development of an improvement

plan.

"Improvement plan."  A school-level or school district's plan

designed to improve the academic performance of a school or a

school district designated for warning, improvement I or

improvement II.

"Making progress."  The status of a school or school district

designated for warning, improvement I, improvement II,

corrective action I or corrective action II in a school year and

that makes adequate yearly progress in the subsequent and most

recent school year.

"Restructuring plan."  A school-level or school district's

plan designed to improve the academic performance of a school or

a school district placed under the control of a school reform

commission under section 1706-C(f).

"School."  A public school in this Commonwealth including a

charter school and a comprehensive area vocational-technical

school.

"School year."  The period of time elapsing between the

opening of the public schools in the fall of one year and the

closing of the public schools in the spring of the following

year.

"Secretary."  The Secretary of Education of the Commonwealth.

"State plan."  The plan for the implementation of the No

Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat.

1425) approved by the United States Department of Education.

"Student subgroup."  One of the specific groups of students

designated in the definition of "adequate yearly progress" under

section 1111(b)(2)(C)(v)(II) of the No Child Left Behind Act of

2001 (Public Law 107-110, 115 Stat. 1425) for which adequate

yearly progress is measured separately.

Section 1702-C.  Annual report.

By August 15 of each school year, the department shall issue

electronically an annual report that shall do the following:

(1)  Identify the schools and school districts that have

made adequate yearly progress for all students and for each

student subgroup for the immediately preceding school year.

(2)  Identify the schools and school districts that have

failed to make adequate yearly progress based upon failure to

meet academic performance targets for all students and for

each student subgroup for the immediately preceding school

year.

(3)  Designate the schools and school districts

referenced in paragraph (2) for classification in one of the

following categories:

(i)  Warning.

(ii)  Improvement I.

(iii)  Improvement II.

(iv)  Corrective action I.

(v)  Corrective action II.

(vi)  Making progress.

Section 1703-C.  School districts and schools designated for

warning.

(a)  School districts.--Each school district designated for

warning shall appoint an improvement team within 30 days of

publication of the annual report required under section 1702-C.

Appointments to the improvement team for a school district shall

be made by the board of school directors in consultation with

the superintendent of the school district.

(b)    Schools.--The following shall apply to schools

designated for warning:

(1)  The board of school directors of a school district

in which a school is designated for warning shall ensure that

the school designated for warning has appointed an

improvement team within 30 days of publication of the annual

report required under section 1702-C. Appointments to the

improvement team shall be made by the board of school

directors in consultation with the school principal and the

superintendent of the school district.

(2)  In the case of a charter school, the improvement

team shall be appointed by the board of trustees of the

school within 30 days of publication of the annual report

required under section 1702-C. The improvement team shall

include a representative from the governing body or

administration of the chartering entity.

(3)  In the case of a vocational-technical school, the

improvement team shall be appointed by the joint operating

committee of the vocational-technical school within 30 days

of publication of the annual report required under section

1702-C.

(4)  A school district not designated for warning which

includes a school designated for warning may assign an

advisory team to evaluate the academic and fiscal needs of

the school and present recommendations designed to improve

academic performance to the improvement team. The advisory

team may also assist the improvement team with the

development of the improvement plan.

(c)  Duties of improvement team.--An improvement team shall

have the following powers and duties:

(1)  To design an improvement plan under this section and

to submit the plan to the board of school directors of the

school district within 90 days of publication of the annual

report required under section 1702-C.

(2)  To begin implementing the improvement plan

immediately upon approval of the board of school directors.

(3)  To provide periodic reports on the implementation of

the improvement plan to the board of school directors.

(4)  To meet periodically to review implementation of the

improvement plan.

(5)  To seek technical assistance from the department or,

in the case of a school, from the school district in the

design and implementation of the plan.

(d)  Improvement plan.--Within 90 days of publication of the

annual report required under section 1702-C, the improvement

team for each school and school district designated for warning

shall present an improvement plan to its board of school

directors. The board of school directors shall review and

approve, approve with modifications or disapprove the

improvement plan within 30 days of its submission.

(e)    Contents.--The improvement plan shall provide an

analysis of the effectiveness of the current practices of the

school or school district in the areas of curriculum, teaching

techniques, school climate, school leadership, staffing and the

use of time, technology and resources. The plan shall do the

following:

(1)  Include specific references to supporting data about

student achievement.

(2)  Address the academic achievement problem or problems

that caused the warning designation, including the student

subgroups that failed to make adequate yearly progress.

(3)  Include measurable annual objectives for continuous

and substantial progress for each subgroup identified in

paragraph (2).

(f)    Improvement program.--Based on an analysis of the data

provided under subsection (e), the improvement team shall set

forth its improvement program for each of the areas listed in

subsection (e)(2). The improvement program shall set forth

academic performance objectives for each area.

(g)    Improvement strategies.--The plan shall include

research-based strategies for achieving the academic performance

objectives identified in subsection (f). Strategies may include

the following:

(1)  The school district or school may publish a

performance data report and distribute the report to the

parents of students attending the school or school district.

(2)  The school district may design and implement a

program that would allow a student attending a school

designated for warning to transfer to another school that is

not designated for warning within the school district upon

the request of a parent.

(3)  The school district or school may appoint a person

or organization not affiliated with the school district or

school to review the programs of the school district or

school and make recommendations for improvement.

(4)  The school district or school may work with a

curriculum committee appointed by the department from the

intermediate unit serving the school district or school. The

curriculum committee may:

(i)  Assist the school district or school with

curriculum development.

(ii)  Assist principals and teachers in presenting

the curriculum.

(iii)  Meet with principals to review progress

monthly.

(5)  The school district or school may plan and make

available to its principals and teachers continuing

professional education options that shall be specific to the

academic performance objectives of the school district or

school.

(6)  The school district or school may establish a parent

advisory committee.

(7)  The school district or school may evaluate whether

the school district or school has the resources to reduce

class sizes in classrooms that fail to meet performance

targets. To the extent resources are available, the school

district or school may undertake class-size reductions.

(8)  The school district or school may evaluate whether a

school that fails to meet performance targets should be

converted to a charter school and may undertake the

conversion of the school. A conversion to a charter school

under this article shall be subject to the provisions of

section 1711-C.

(9)  The school district or school may offer tutoring

programs to students whose most recent results on the

Pennsylvania System of School Assessment test, the Keystone

Exam, an equivalent local assessment or another test

established by the State Board of Education to meet the

requirements of section 2603-B(d)(10)(i) were below

proficient.

(10)  The improvement plan may include additional

elements that the board of school directors deems necessary

to improve the academic performance of the school district or

school.

(h)  Evidence of effectiveness.-–The improvement plan shall

set forth evidence of the effectiveness of the strategies that

shall be implemented.

(i)  Duties of the school board.--The board of school

directors of a school district designated for warning or of a

school district in which a school is designated for warning

shall have the following powers and duties:

(1)  Review and approve, approve with modifications or

disapprove the improvement plan required under this section

within 30 days of the submission of the improvement plan to

the board of school directors.

(2)  Ensure that parents are notified of the warning

designation.

(3)  Take actions necessary to implement the approved

improvement plan.

(j)    Technical assistance.-–For school districts and schools

designated for warning, the department shall provide technical

assistance directly or through the intermediate unit and in

accordance with the provisions of section 1707-C.

(k)    Effect of making adequate yearly progress.--

(1)  A school district or school designated for warning

that makes adequate yearly progress in the same academic

subject in the school year following the warning designation

shall be designated as making progress. The improvement team

and the improvement plan established under this section shall

remain in place for the school year following the making

progress designation.

(2)  A school district or school designated as making

progress under paragraph (1) that fails to make adequate

yearly progress in the same academic subject for the school

year following the making progress designation shall be

designated for improvement I.

(3)  The improvement team may disband when the school

district or school has made adequate yearly progress in the

same academic subject for two consecutive school years.

Section 1704-C.  School districts and schools designated for

improvement I or improvement II.

(a)  School districts.--The following shall apply to school

districts that have been designated for improvement I or

improvement II:

(1)  The board of school directors of each school

district designated for improvement I or improvement II shall

appoint an improvement team consisting of at least eight

members within 30 days of publication of the annual report

required under section 1702-C. Appointments to the

improvement team for a school district shall be made by the

board of school directors in consultation with the

superintendent of the school district.

(2)  Members of the improvement team shall be subject to

approval by the department and include the following:

(i)  A teacher employed by the school district

selected by all teachers in the district.

(ii)  An administrator employed by the school

district.

(iii)    A member of the board of school directors of

the school district.

(iv)  No fewer than two parents of students enrolled

in the school district.

(v)  A member of the school district's pupil services

staff.

(3)  Additional members of the improvement team may

include:

(i)  Staff members from the intermediate unit serving

the school district.

(ii)  Teachers employed by other school districts.

(iii)    Administrators employed by other school

districts.

(iv)  School board members from other school

districts.

(v)  Faculty members from colleges and universities

in this Commonwealth with particular expertise in school

improvement.

(vi)  Local business representatives.

(vii)    Community leaders.

(4)  The board of school directors shall select one of

the members as chairperson of the improvement team.

(b)    Schools.--The following shall apply to schools

designated for improvement I or improvement II:

(1)  The board of school directors of a school district

in which a school is designated for improvement I or

improvement II shall ensure that the school designated for

improvement has appointed an improvement team comprised of no

fewer than six and no more than ten members within 30 days of

the publication of the annual report required under section

1702-C. Appointments to the improvement team shall be made by

the board of school directors in consultation with the school

principal and the superintendent of the school district or

the chief school administrator of the school.

(2)  Members of the improvement team shall include:

(i)  A teacher from the school selected by all

teachers in the school district.

(ii)  An administrator from the school.

(iii)  A local business representative.

(iv)  A community leader.

(v)  No fewer than two parents of students enrolled

in the school.

(vi)  Outside experts who have knowledge and

experience to address specific needs of the school or

school district.

(3)  In the case of a charter school, the improvement

team shall be appointed by the board of trustees of the

school within 30 days of the publication of the annual report

required under section 1702-C. The improvement team shall

include a representative from the governing body or

administration of the chartering entity.

(4)  In the case of a vocational-technical school, the

improvement team shall be appointed by the joint operating

committee of the vocational-technical school within 30 days

of the publication of the annual report required under

section 1702-C.

(5)  A school district not designated for improvement

containing a school designated for improvement may assign an

advisory team to evaluate the academic and fiscal needs of

the school and present recommendations designed to improve

academic performance to the improvement team. The advisory

team may also assist the improvement team with the

development of the improvement plan.

(c)  Powers and duties of improvement team.--An improvement

team shall have the following powers and duties:

(1)  To design an improvement plan under this section.

(2)  To begin implementing the improvement plan

immediately upon receiving the approval of the board of

school directors.

(3)  To provide periodic reports on the implementation of

the improvement plan to the board of school directors and the

intermediate unit serving the school district.

(4)  To meet periodically to review implementation of the

improvement plan.

(5)  To seek technical assistance from the department or,

in the case of a school, from the school district in the

design and implementation of the plan.

(d)    Improvement plan.--Within 90 days of publication of the

annual report required under section 1702-C, the improvement

team for each school district and school designated for

improvement I or improvement II shall present an improvement

plan to the department, the executive director of the

intermediate unit serving the school district and the board of

school directors of the school district. The department and the

intermediate unit shall review the plan and provide

recommendations to the board of school directors within 30 days

of receiving the plan for review. The board of school directors

shall approve, approve with modifications or disapprove the

improvement plan within 30 days following the receipt of the

approval of the department and the intermediate unit.

(e)    Contents.--The improvement plan shall provide an

analysis of the effectiveness of the current practices of the

school district or school in the areas of curriculum, teaching

techniques, school climate, school leadership, staffing and the

use of time, technology and resources. The plan shall do all of

the following:

(1)  Include specific references to supporting data about

student achievement.

(2)  Address the academic achievement problem or problems

that caused the improvement I or improvement II designation,

including the student subgroups that failed to make adequate

yearly progress.

(3)  Include measurable annual objectives for continuous

and substantial progress for each subgroup identified in

paragraph (2).

(f)  Improvement program.--Based on an analysis of the data

provided under subsection (e), the improvement team shall set

forth its improvement program for each of the areas listed under

subsection (e)(2). The improvement program shall set forth

academic performance objectives for each area.

(g)  Improvement strategies.--The plan shall include

research-based strategies for achieving the academic performance

objectives identified under subsection (f). Strategies shall

include all of the following:

(1)  The school district or school shall publish a

performance data report and distribute the report to all

parents of students attending the school district or school.

(2)  The school district shall design and implement a

program that will allow a student attending a school

designated for improvement I or improvement II to transfer to

another school that is not designated for improvement I or

improvement II within the school district, upon the request

of a parent.

(3)  The school district or school shall appoint a person

or organization not affiliated with the school district or

school to review the programs of the school district or

school and make recommendations for improvement.

(4)  The school district or school shall work with a

curriculum committee appointed by the department from the

intermediate unit serving the school district or school. The

curriculum committee shall assist the school district or

school with curriculum development, assist principals and

teachers in presenting the curriculum and meet with

principals monthly to review progress.

(5)  The school district or school shall plan and make

available to principals and teachers continuing professional

education options that shall be specific to the academic

performance objectives of the school district or school.

(6)  The school district or school shall establish a

parent advisory committee.

(7)  The school district or school shall evaluate whether

the school district or school has the resources to reduce

class sizes in classrooms that fail to meet performance

targets. If resources are available, the school district or

school may undertake class-size reductions.

(8)  The school district or school shall offer tutoring

programs to students whose most recent results on the

Pennsylvania System of School Assessment test, the Keystone

Exam, an equivalent local assessment or any other test

established by the State Board of Education to meet the

requirements of section 2603-B(d)(10)(i) were below

proficient.

(h)  Optional strategies.--In addition to the strategies

required under subsection (g), the plan may include any of the

following:

(1)  The school district may convert a school to a

charter school. A conversion to a charter school under this

article shall be subject to the provisions of section 1711-C.

(2)  The school district may contract with an education

management organization to manage the school district or a

school.

(3)  The school district may negotiate a memorandum of

understanding under the current collective bargaining

agreement with the teachers of the school district regarding

terms of employment, including:

(i)  School building assignment.

(ii)  Length of work day.

(iii)  Salary.

(iv)  Class assignments.

(v)  Academic calendar.

(vi)  Teaching preparation time.

(vii)  Daily schedule.

(viii)  Method of performance evaluation.

(4)  The school district may dismiss or demote school

principals and teachers who fail to meet performance

expectations pursuant to the procedures under Article XI.

(5)  Notwithstanding any other provision of this act, the

school district may:

(i)  Implement a system of performance-based

compensation for chief administrative officers of the

school district.

(ii)  Implement a system of performance-based

compensation for school principals.

(iii)  Implement a system of performance-based

compensation for teachers.

(iv)  Offer financial incentives to teachers

certified in areas of shortage as determined by the board

of school directors.

(v)  Offer financial incentives to teachers who

accept high-need assignments as determined by the board

of school directors.

(vi)  Reassign principals and teachers to meet the

needs of the school district or school.

(vii)  Assign a teacher to a school or class based on

the needs of the school district or school and the

competencies of the teacher as determined by the board of

school directors.

(viii)  Design and implement a new performance

evaluation process for principals.

(ix)  Design and implement a new performance

evaluation process for teachers.

(x)  Award tenure on the basis of teacher performance

evaluations notwithstanding the teacher's number of years

of classroom teaching experience.

(xi)  Petition the department for a certificate that

would allow a presently uncertified individual meeting

education and work experience requirements established by

the department to teach in a shortage area.

(xii)  Establish and implement an intensive training

program for new principals.

(xiii)  Establish and implement a teacher mentoring

program.

(xiv)  Establish and implement an intensive induction

program for new teachers.

(6)  The school district or school may negotiate a new

collective bargaining agreement with its teachers.

(7)  The school district or school may assist a student

in locating external agencies that provide social services

needed by the student.

(8)  The school district or school may award scholarships

for higher education to students who meet academic

requirements established by the board of school directors.

The school district may solicit and accept contributions from

the public for this purpose.

(9)  The school district or school may contract with a

college or university teacher preparation program to review

the school district's programs, make recommendations for

improvement and assist the school district in implementing

changes in practices.

(10)  The school district or school may reallocate school

district or school resources.

(11)  The school district or school may amend school

district or school procedures.

(12)  The school district may restructure.

(13)  The school district may close schools.

(14)  Notwithstanding any other provision of this act,

the school district or school may:

(i)  Focus its curriculum on reading, mathematics and

science and offer other courses on a discretionary basis.

(ii)  Design a core curriculum for use in all schools

in the school district.

(15)  The school district may establish an accelerated

learning academy for any student who scored below proficient

on the student's most recent Pennsylvania System of School

Assessment test, Keystone Exam, equivalent local assessment

or any other test established by the State Board of Education

to meet the requirements of section 2603-B(d)(10)(i).

(16)  The school district or school may monitor a

student's progress at intervals throughout the student's

elementary and secondary school years that are determined

based on research to be critical to a student's academic

success.

(17)  The school district or school may assign one

teacher or a group of teachers to a group of students over

multiple years.

(18)  The school district or school may enter into a

memorandum of understanding with the police department having

jurisdiction over the school district or the school to

address school safety.

(19)  The school district or school may engage an

external person or organization to conduct a safety audit of

the school district or school. The school district or school

may take actions that the board of school directors deems

necessary to improve school safety.

(20)  The school district or school may establish or

amend a code of conduct which may include the following:

(i)  Increased sanctions for student misconduct.

(ii)  Increased principal and teacher authority to

enforce rules of conduct.

(iii)  Examples of appropriate conduct.

(iv)  Examples of inappropriate conduct.

(v)  Specific negative consequences for inappropriate

conduct.

(21)  The school district may design and implement an

interdistrict school choice program in cooperation with one

or more other school districts served by the intermediate

unit serving the school district.

(i)  Additional elements.--The following shall apply:

(1)  The plan may include additional elements that the

board of school directors deems necessary to improve the

academic performance of the school district or school.

(2)  The plan shall include additional elements that the

department deems necessary to satisfy the requirements of

section 1116(b)(3) of the No Child Left Behind Act of 2001

(Public Law 107-110, 115 Stat. 1425) as it applies to a

school or section 1116(c)(7)(A) of the No Child Left Behind

Act of 2001 as it applies to a school district.

(j)  Evidence of effectiveness.--The plan shall set forth

evidence of the effectiveness of the strategies that shall be

implemented.

(k)  Duties of the school board.--The board of school

directors of a school district designated for improvement I or

improvement II or of a school district in which a school is

designated for improvement I or improvement II shall have the

following powers and duties:

(1)  Review and approve, approve with modifications or

disapprove the improvement plan required under this section

within 30 days following the receipt of the approval of the

department and the intermediate unit.

(2)  Take actions necessary to implement the improvement

plan.

(3)  Ensure that parents are notified of the school

improvement designation to the extent and in the manner

required under section 1116(b) and (c) of the No Child Left

Behind Act of 2001.

(4)  Establish an intradistrict school choice program for

students in any school in the school district that has been

designated for improvement I or improvement II. The program

must satisfy the requirements of the No Child Left Behind Act

of 2001.

(5)  Establish a tutoring program for students in a

school that is designated for improvement II status. For

schools designated as Title I schools, tutoring programs

shall include supplemental educational services under section

1116(e) of the No Child Left Behind Act of 2001. Schools that

do not receive funds under Title I of the Elementary and

Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C.

Ch. 63 et seq.) shall provide parents with information on the

availability of other tutoring programs offered by the school

district.

(l)  Technical assistance.--For school districts and schools

designated for improvement I or improvement II, the department

shall provide technical assistance directly or through the

intermediate unit and in accordance with section 1707-C.

(m)  Effect of making adequate yearly progress.--

(1)  A school district or school designated for

improvement I or improvement II that makes adequate yearly

progress in the same academic subject in the school year

following the designation shall be designated as making

progress. The improvement team and the improvement plan

established under this section shall remain in place for the

school year following the making progress designation.

(2)  A school district or school designated as making

progress under paragraph (1) that fails to make adequate

yearly progress in the same academic subject for the school

year following the making progress designation shall be

designated for improvement II.

(3)  The improvement team may disband when the school

district or school has made adequate yearly progress in the

same academic subject for two consecutive school years.

Section 1705-C.  School districts and schools designated for

corrective action I.

(a)  Improvement team.--

(1)  The improvement team appointed under section 1704-C

shall remain in place during the time period a school

district or school is designated for corrective action I. The

board of school directors may replace members of the

improvement team in its discretion, subject to section 1704-C

and with the approval of the department. An improvement team

shall have the following powers and duties:

(i)  To design a corrective action plan under this

section.

(ii)  To begin implementing the corrective action

plan immediately following the receipt of the approval of

the department and the intermediate unit.

(iii)  To provide periodic reports on the

implementation of the corrective action plan to the board

of school directors and the intermediate unit serving the

school district.

(iv)  To meet periodically to review implementation

of the corrective action plan.

(v)  To seek technical assistance from the department

or, in the case of a school, from the school district in

the design and implementation of the plan.

(b)    Corrective action plan.--If a school district or school

has been designated for corrective action I, the improvement

team shall present a revised improvement plan to the board of

school directors for approval no later than 30 days after

publication of the annual report required under section 1702-C.

The board of school directors shall approve or modify the plan

and submit it to the department and the intermediate unit

serving the school district within 60 days of the publication of

the annual report required under section 1702-C. The department

and the intermediate unit shall review the plan and approve,

approve with modifications or disapprove the plan within 30 days

after receiving it for review. The revised improvement plan

approved by the department and the intermediate unit shall

constitute the corrective action plan.

(c)  Contents.--The corrective action plan shall provide an

analysis of the effectiveness of the current practices of the

school district or school in the areas of curriculum, teaching

techniques, school climate, school leadership, staffing and the

use of time, technology and resources. The corrective action

plan shall do all of the following:

(1)  Include specific references to supporting data

relating to student achievement.

(2)  Address the academic achievement problem or problems

that caused the corrective action designation, including the

student subgroups that failed to make adequate yearly

progress.

(3)  Include measurable annual objectives for continuous

and substantial progress for each subgroup identified in

paragraph (2).

(d)  Improvement program.--Based on an analysis of the data

provided under subsection (c), the improvement team shall set

forth its improvement program for each of the areas set forth in

subsection (c)(2). The improvement program shall set forth

academic performance objectives for each area.

(e)  Improvement strategies.--The plan shall include

research-based strategies for achieving the academic performance

objectives identified in subsection (d).

(1)  For a school district identified for corrective

action I, the school district shall take at least one of the

following actions:

(i)  Implement a new curriculum aligned with State

academic standards and provide staff development that

will enhance the effectiveness of the new curriculum.

(ii)  Terminate or demote the principals and teachers

that are relevant to the school district's failure to

make adequate yearly progress pursuant to the procedures

required by Article XI.

(2)  For a school identified for corrective action I, the

school district or school shall take at least one of the

corrective actions listed in section 1116(b)(7)(C)(iv) of the

No Child Left Behind Act of 2001 (Public Law 107-110, 115

Stat. 1425). The school district or school may terminate or

demote a principal or teacher who is relevant to the school's

failure to make adequate yearly progress, provided that the

action is undertaken pursuant to the procedures required by

Article XI.

(3)  The plan shall include the strategies set forth in

section 1704-C(g).

(4)  The plan may include the strategies permitted under

section 1704-C(h).

(f)    Duties of the school board.--The board of school

directors of a school district designated for corrective action

I or of a school district in which a school is designated for

corrective action I shall have the following powers and duties:

(1)  Review and modify, approve or disapprove the

corrective action plan required under this section and submit

the plan to the department and the intermediate unit serving

the school district within 60 days of the publication of the

annual report required under section 1702-C.

(2)  Take actions necessary to implement the corrective

action plan following receipt of approval from the department

and the intermediate unit.

(3)  Ensure that parents are notified of the corrective

action I designation.

(4)  Establish an intradistrict school choice program for

students in any school in the school district that has been

designated for corrective action, provided that the program

satisfies the requirements of the No Child Left Behind Act of

2001.

(5)  Establish a tutoring program for students. For

schools designated as Title I schools, tutoring programs

shall include supplemental educational services pursuant to

section 1116(e) of the No Child Left Behind Act of 2001.

Schools that do not receive funds under Title I of the

Elementary and Secondary Education Act of 1965 (Public Law

89-10, 20 U.S.C. Ch. 63 et seq.) shall provide parents with

information on the availability of other tutoring programs

offered by the school district.

(g)  Technical assistance.--For school districts and schools

designated for corrective action I, the department shall provide

technical assistance directly or through the intermediate unit

and in accordance with the provisions of section 1707-C.

(h)  Effect of making adequate yearly progress.--The

following shall apply:

(1)  A school district or school designated for

corrective action I that makes adequate yearly progress in

the same academic subject in the school year following the

corrective action I designation shall be designated as making

progress. The improvement team and the improvement plan in

place under this section shall remain in place for the school

year following the making progress designation.

(2)  A school district or school designated as making

progress under paragraph (1) that fails to make adequate

yearly progress in the same academic subject for the school

year following the making progress designation shall be

designated for corrective action II.

(3)  The improvement team may disband when the school

district or school has made adequate yearly progress in the

same academic subject for two consecutive school years.

Section 1706-C.  School districts and schools designated for

corrective action II.

(a)  Improvement team.--The improvement team in place under

section 1705-C shall remain in place during the first three

years in which a school district or school is designated for

corrective action II. The board of school directors may replace

members of the improvement team, subject to the provisions of

section 1704-C and with the approval of the department.

(b)  Revision of corrective action plan.--If a school

district or school has been designated for corrective action II,

the improvement team shall present a revised corrective action

plan to the board of school directors for approval within 30

days after the publication of the annual report required under

section 1702-C. The board of school directors shall approve or

revise the plan and submit the plan to the department and the

intermediate unit serving the school district within 60 days of

the publication of the annual report required under section

1702-C. The revised corrective action plan shall comply with

section 1705-C(c), (d) and (e). The department and intermediate

unit shall review and approve, approve with modifications or

disapprove the plan within 30 days after receiving the plan for

review.

(c)  Duties of the school board.--The board of school

directors shall have the duties required under section 1705-C(f)

for school districts or schools designated for corrective action

I.

(d)  Effect of making adequate yearly progress.--The

following shall apply:

(1)  A school district or school designated for

corrective action II that makes adequate yearly progress in

the same academic subject during one of the three school

years following the corrective action II designation shall be

designated as making progress. The improvement team and

corrective action plan in place under this section shall

remain in place for the school year following the making

progress designation.

(2)  A school district or school designated as making

progress under paragraph (1) that fails to make adequate

yearly progress in the same academic subject for the school

year following the making progress designation shall be

designated for corrective action II, year one.

(3)  The improvement team may disband when the school

district or school has made adequate yearly progress in the

same academic subject for two consecutive school years.

(e)    Parental petition.--The following shall apply:

(1)  The parents of 51% of students in a school district

designated for corrective action II or a school designated

for corrective action II may petition the board of school

directors to take one of the following actions:

(i)  Contract with an education management

organization to manage the school district or the school.

(ii)  Convert the school to a charter school.

(iii)  Close the school.

(2)  A board of school directors that receives a petition

under paragraph (1) shall submit it to the department within

five days of receipt. The department shall review and

approve, approve with modifications or disapprove the

petition within 30 days of receipt of the petition. The board

of school directors shall immediately implement the action

requested in a petition approved by the department.

(3)  The department shall:

(i)  Develop a form for the petition permitted under

paragraph (1) and instructions for filing the petition.

The form and the instructions shall be made available on

the department's publicly accessible Internet website.

(ii)  Review and approve, approve with modifications

or disapprove the petition within 30 days following the

receipt of the petition.

(iii)    Oversee the school district's implementation

of the action requested in an approved petition.

(f)  School reform commission.--A school district designated

for a fourth year of corrective action II shall be placed under

the governance of a school reform commission that shall report

to the secretary.

(1)  (i)  In a school district located in and serving one

municipality, the school reform commission shall have

three members appointed as follows:

(A)  Two members shall be appointed by the

Governor, subject to confirmation by the Senate.

(B)  One member shall be appointed by the mayor

subject to confirmation by the elected school board.

The member appointed by the mayor shall reside in the

county or counties in which the school district is

located.

(ii)  In a school district located in and serving

more than one municipality, the school reform commission

shall have three members appointed as follows:

(A)  One member shall be appointed by the

Governor, subject to confirmation by the Senate.

(B)  In a school district that serves a city of

the third class, one member shall be appointed by the

mayor of the city of the third class and one member

shall be appointed by the elected school board. The

member appointed by the mayor and the member

appointed by the elected school board shall reside in

the county or counties in which the school district

is located.

(C)  In a school district that does not serve a

city of the third class, two members shall be

appointed by the elected school board. The members

appointed by the elected school board shall reside in

the county or counties in which the school district

is located.

(iii)  Appointees to a school reform commission shall

not include the following:

(A)  A person holding elected governmental office

provided that members of the elected school board may

be appointed.

(B)  A person employed by the Commonwealth.

(C)  A person who has served on a previous school

reform commission or board of control.

(2)  If a school reform commission is appointed, all

powers and duties of the board of school directors shall be

removed from the board of school directors and vested in the

school reform commission, provided that all taxes required by

the school district shall be levied by the board of school

directors pursuant to Article VI. The school reform

commission shall establish a restructuring plan which shall

comply with section 1705-C(c), (d) and (e).

(3)  The following shall apply:

(i)  The parents of 51% of students in a school

district under the governance of a school reform

commission may petition the school reform commission to

take one of the following actions:

(A)  Contract with an education management

organization to manage the school district or a

school.

(B)  Convert a school to a charter school.

(C)  Close a school.

(ii)  A school reform commission that receives a

petition under subparagraph (i) shall submit the petition

to the secretary for review within five days of receipt.

The secretary shall review and approve, approve with

modifications or disapprove the petition within 30 days

after receipt of the petition. The school reform

commission shall immediately implement the action

requested in a petition approved by the secretary.

(iii)    The school reform commission shall develop a

form for the petition permitted under subparagraph (i)

and instructions for filing the form with the school

reform commission. The form and the instructions shall be

made available on the school district's publicly

accessible Internet website.

(4)  The secretary may direct the school reform

commission to do any of the following:

(i)  Restructure the school district or one or more

schools.

(ii)  Convert one or more schools to charter schools.

(iii)    Place the school district or one or more

schools under the management of an education management

organization.

(iv)  Close one or more schools.

(v)  Dissolve the school district.

(5)  Once appointed, the school reform commission shall

remain in place for at least five years. After the school

reform commission has been in place for at least five years,

the secretary may terminate the school reform commission when

the school district has made adequate yearly progress in the

same subject for at least two consecutive years. Upon

termination of the school reform commission, the powers and

duties of the school reform commission shall be vested in the

board of school directors.

(g)    Appeals to secretary.--The following shall apply to an

appeal of an action by a school reform commission to terminate

or demote a professional employee, notwithstanding provisions of

section 1131:

(1)  The professional employee shall file the appeal with

the secretary within 15 days after receipt by registered mail

of the written notice of the decision of the school reform

commission to terminate or demote the professional employee.

(2)  The secretary shall fix a day and time for a hearing

which shall not be more than 20 days after the appeal is

filed with the secretary.

(3)  The secretary shall render an opinion on the appeal

within 20 days after the hearing.

(h)  Technical assistance.--For school districts and schools

designated for corrective action II, the department shall

provide technical assistance directly or through the

intermediate unit and in accordance with section 1707-C.

Section 1707-C.  Technical assistance.

(a)  General rule.--A school district or school that has been

designated for warning, improvement or corrective action shall

be eligible for technical assistance from the department or from

an intermediate unit in coordination with the department.

Technical assistance may include:

(1)  Tools to analyze data from the Pennsylvania System

of School Assessment test, the Keystone Exam, an equivalent

local assessment or any other test established by the State

Board of Education to meet the requirements of section 2603-

B(d)(10)(i).

(2)  A framework for and assistance in developing an

improvement plan, a corrective action plan or a restructuring

plan.

(3)  A framework for and assistance in developing a

strategic plan.

(4)  Identification of professional development and

instructional strategies and methods to improve the academic

performance of students in subject areas for which an

academic performance target has been established and has not

been met.

(5)  Assistance in identifying regional partners, which

may include intermediate units, consultants or institutions

of higher education that the school district or school may

contract with at its expense for assistance in implementing

the professional development and instructional strategies and

methods identified in paragraph (4).

(6)  Tools to analyze the budget of a school district or

school or parts of the budget of a school district or school

to enable the school district or school to effectively

allocate its resources as provided for in Article XXV-A.

(7)  Information concerning best practices and resources

aimed at improving academic performance.

(8)  The assignment of a distinguished educator to work

with a school district.

(9)  Assistance through the quality review process.

(10)  Assistance in establishing and utilizing school

support teams in accordance with section 1117(a)(5) of the No

Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat.

1425).

(b)  Criteria.--Schools and school districts described in

subsection (a) shall be eligible for technical assistance based

on criteria established by the department in order to ensure

that the lowest performing school districts and schools receive

priority consideration with respect to the distribution of

resources. The department shall establish the criteria and

publish guidelines no later than 30 days from the effective date

of this section.

(c)  Clearinghouse.--The department shall establish a

clearinghouse of information related to specific strategies for

improving the academic performance of students in school

districts or schools that have been designated for warning,

improvement or corrective action. The clearinghouse shall

include best practices, methods and instructional strategies

based on scientific research, including:

(1)  Methods of improving the academic performance of

students in any subject area for which an academic

performance target has been established and has not been met.

(2)  Methods of improving the academic performance of

students identified having disabilities or limited English

proficiency.

(3)  Parental involvement programs and policies.

(4)  Classroom instructional strategies.

(5)  Curriculum redesign.

(6)  School safety.

(7)  Tutoring programs.

Section 1708-C.  Responsibilities of department.

The department shall:

(1)  Provide written notification to a school district or

school that has been designated for warning, improvement or

corrective action and to any school district in which a

school has been designated.

(2)  Publish the annual report on the department's

Internet website by August 15 of each year and notify

intermediate units, school districts and schools of the

publication.

(3)  Establish guidelines for the provision of technical

assistance to school districts and schools. The guidelines

shall include provisions to ensure that the lowest performing

school districts and schools receive first priority.

(4)  Establish guidelines explaining how requisite

achievement on English language proficiency testing will be

measured.

(5)  Establish and provide professional education

courses, programs, activities or learning experiences under

section 1205.2(f) specific to classroom strategies to improve

the academic performance of students in content areas subject

to the Pennsylvania System of School Assessment test, the

Keystone Exam, an equivalent local assessment or any other

test established by the State Board of Education to meet the

requirements of section 2603-B(d)(10)(i).

(6)  Provide academic assistance, including strategic

interventions and technical assistance, when a school

district or school is designated for corrective action in

accordance with provisions of the State plan.

(7)  Annually review improvement plans required under

section 1704-C.

(8)  Annually review and approve, approve with

modifications or disapprove corrective action plans required

under sections 1705-C and 1706-C.

(9)  Design the parental petition permitted under section

1706-C(e), establish instructions for filing the petition and