THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROEBUCK, STURLA, CARROLL, LONGIETTI, M. O'BRIEN, K. SMITH, BISHOP, BRIGGS, BROWNLEE, CALTAGIRONE, DALEY, DePASQUALE, FABRIZIO, KIRKLAND, KOTIK, MIRABITO, MYERS, PARKER, PRESTON, READSHAW AND STABACK, FEBRUARY 7, 2012

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 7, 2012  

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," establishing the All Students Can

Succeed Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

ARTICLE XVII-C

ALL STUDENTS CAN SUCCEED PROGRAM

(a)  Preliminary Provisions

Section 1701-C.  Short title of article.

This article shall be known and may be cited as the All

Students Can Succeed Program.

Section 1702-C.  Legislative intent.

It is the intent of the General Assembly, in enacting this

article, to improve the academic achievement of all students in

low-achieving schools through new education strategies and

policies and additional education supports, including the

following initiatives:

(1)  Improving school safety.

(2)  Establishing and improving alternative education

programs.

(3)  Increasing parental involvement in schools.

(4)  Improving the provision of social services in and

outside schools for students.

(5)  Improving tutoring services and other academic

supports for students in the subject areas of reading and

mathematics.

(6)  Incentives for high performing principals and

teachers.

Section 1703-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:

"Academic performance indicator."  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)

and required under the No Child Left Behind Act of 2001 or its

successor Federal statute or required to achieve under other

standards established by the Department of Education under 22

Pa. Code § 403.3 (relating to single accountability system).

"Alternative education program."

(1)  Any program which removes disruptive students from

regular school programs in order to provide those students

with a sound educational course of study and counseling

designed to modify disruptive behavior and return the

students to a regular school curriculum.

(2)  A school district receiving funds under this act

must ensure that any placement in an alternative education

program outside the regular school setting for a disruptive

student meets the following criteria:

(i)  Programs must have Department of Education

approval.

(ii)  Programs must operate for a full school day

which must be equivalent to the number of hours as the

regular school program of the sending school district.

(iii)  Programs must use approaches of proven

effectiveness in both academic and behavioral areas.

(iv)  Programs must not use restraints, seclusion,

physical or verbal abuse and corporal punishment. If any

such approaches are discovered to have been used, the

student must immediately be removed from such placement.

(v)  Programs must fully comply with special

education laws.

(vi)  Programs must have established competencies and

preparation requirements for all personnel.

(vii)  All personnel to include personnel in private

Alternative Education for Disruptive Youth (AEDY)

programs must have proper certification and be considered

a "highly qualified teacher" as defined under the No

Child Left Behind Act of 2001.

(viii)  Programs to ensure that adequate procedures

are in place for reviewing student progress; that the

student, his or her parents and representatives of the

student's home school participate in the review process;

and that reviews occur at least every semester or more

frequently at the district's discretion. The purpose of

this review is to determine whether or not the student is

ready to return to the regular school curriculum.

"Department."  The Department of Education of the

Commonwealth.

"Disruptive student."  A student who repeatedly poses a clear

threat to the safety and welfare of other students or the school

staff, who repeatedly creates an unsafe school environment or

whose repeat behavior materially interferes with the learning of

other students or disrupts the overall educational process. The

disruptive student repeatedly exhibits to a marked degree two or

more of the following conditions:

(1)  Persistent disregard for school authority, including

persistent violation of school policy and rules.

(2)  Display or use of controlled substances on school

property or during school-affiliated activities.

(3)  Violent or threatening behavior on school property

or during school-affiliated activities.

(4)  Possession of a weapon on school property, as

defined under 18 Pa.C.S. § 912 (relating to possession of

weapon on school property).

(5)  Commission of a criminal act on school property or

during school-affiliated activities.

(6)  Persistent misconduct that would merit suspension or

expulsion under school policy.

No student who is eligible for special education services under

the Individuals with Disabilities Education Act (Public Law

91-230, 20 U.S.C. § 1400 et seq.) shall be deemed a disruptive

student for the purposes of this article.

"Eligible school district."  A school district with one or

more schools on the list of low-achieving schools under section

1705-C.

"Low-achieving school."  A public elementary or secondary

school within this Commonwealth on the low-achieving school list

under section 1705-C. The term does not include a charter

school, cyber charter school, area vocational-technical school,

a school that does not draw its student body from a particular

attendance boundary or a school with a specialized academic

program that has specific admissions criteria.

"Principal."  A supervising principal or principal that is

properly certified by the Department of Education.

"Program."  The All Students Can Succeed Program.

"School administrator."  A professional employee who is

certified as a supervisor, supervising principal, principal,

assistant principal and vice principal.

"School-based diversion program."  A school program that, in

partnership with other stakeholders, diverts disruptive students

out of the juvenile justice system or other disciplinary tracks.

A school-based diversion program may include a youth aid panel

in which a panel of community members decides an appropriate

resolution to hold a student accountable for the student's

actions by, among other options, requiring the student to

complete educational activities, community service, restitution

and any other related program or service.

"School-wide positive behavior support."  A school-wide,

evidence-based and data-driven approach to improving school

behavior that seeks to reduce unnecessary student disciplinary

actions and promotes a climate of greater productivity, safety

and learning. Programs that implement this approach to improve

school safety help all children in a school acquire appropriate

social skills and behavior, prevent or identify early students'

behavioral health needs, enhance students' resiliency and

improve student performance.

"Teacher."  An individual who holds a Pennsylvania

instructional certificate, education specialist or

administrative certification or letter of eligibility.

(b)  All Students Can Succeed Program

Section 1704-C.  All Students Can Succeed Program.

The All Students Can Succeed Program is established to assist

school districts with low-achieving schools to improve the

academic performance of students in those schools through four

main initiatives:

(1)  Safe schools with alternative education for

disruptive students.

(2)  Targeted interventions and increased parental

involvement.

(3)  Targeted tutoring in reading and mathematics.

(4)  Incentives for hiring high performing principals and

teachers.

Section 1705-C.  Identification of low-achieving schools.

(a)  Identification.--Within five days of the effective date

of this section, the department shall identify the lowest

achieving schools as of the effective date of this section. To

identify the lowest achieving schools, the department shall:

(1)  Exclude schools that are charter schools, cyber

charter schools, area vocational-technical schools, schools

that do not draw its student body from a particular

attendance boundary or schools with a specialized academic

program that has specific admissions criteria.

(2)  Exclude schools that have made adequate yearly

progress for at least one of the two most recent school years

or that have not been measured for adequate yearly progress

in one of the two most recent school years.

(3)  For all remaining schools, calculate the percentage

of students attending the school who scored either proficient

or advanced in the subject areas of mathematics and English

on the three most recent academic performance indicators for

which data is posted on the department's publicly accessible

Internet website for the subjects of mathematics and reading.

(4)  For all the remaining school districts, add the

percentages of students attending the school who scored

either proficient or advanced in the subject areas of

mathematics and English under paragraph (2) to obtain a total

academic performance score of students attending the school.

(5)  Include on a list of low-achieving schools any

school that has an academic performance score less than 300.

(b)  Notification.--Within 15 days of the effective date of

this section, the department shall notify each school district

with one or more schools on the list of low-achieving schools of

the placement of the school or schools on the list of

low-achieving schools.

Section 1706-C.  Duties of school districts.

(a)  Implementation.--A school district with one or more

schools on the list of low-achieving schools shall within 60

days of notification under section 1705-C(b), implement the

following for each school on the low-achieving school list:

(1)  Creation of a school advisory council of at least

seven members that shall include a school administrator,

school teacher, parents of students attending the school and

community members residing within the school attendance

boundary. A majority of members shall be parents of students

attending the school. The school advisory council shall

assist the school in developing and implementing programs

under section 1709-C to improve parental involvement and to

improve communications with parents and provide parents with

opportunities to provide feedback to the school in order to

create a safer school environment and improve the academic

performance of students in the school.

(2)  Establishing or designating a school liaison who

shall also serve on the school advisory council to ensure the

sharing of information between families and teachers and who

is available to meet with parents after normal school hours.

(b)  Develop and implement.--A school district with one or

more schools on the list of low-achieving schools shall within

90 days of notification under section 1705-C(b), develop and

implement the following for all of its schools on the list of

low-achieving schools:

(1)  A school plan to provide alternative school

placements or school-based diversion programs for repeatedly

disruptive students. School districts shall establish

policies to identify those students who are eligible for

placement in an alternative school or program and that the

placement of such students will comply with the informal

hearing procedures set forth in 22 Pa. Code § 12.8(c)

(relating to hearings). Notice of the hearing should precede

placement in the program. Where the student's presence poses

a continuing danger to persons or property or an ongoing

threat of disrupting the academic process, the student may be

immediately removed from the regular education curriculum

with notice and a hearing to follow as soon as practicable.

(2)  (i)  Except as otherwise provided in this paragraph,

no disruptive student whose placement is in an alternative

school or program shall be subsequently placed in a regular

classroom for a minimum of one year after placement in an

alternative school or program if the student has exhibited

any of the following conditions while under school

supervision:

(A)  Violent behavior on school property or

during school-affiliated activities that causes a

substantial disruption of the school program.

(B)  Possession of a weapon on school property,

as defined under 18 Pa.C.S. § 912 (relating to

possession of weapon on school property).

(C)  Commission of a violent criminal act on

school property or during school-affiliated

activities that causes a substantial disruption of

the school program.

(ii)  The superintendent of a school district or

designee or an administrative director of an area

vocational-technical school or designee may recommend

modifications of such placement requirements for a

student on a case-by-case basis. The superintendent or

other chief administrative officer of a school entity

shall, in the case of an exceptional student, take all

steps necessary to comply with the Individuals with

Disabilities Education Act (Public Law 91-230, 20 U.S.C §

1400 et seq.).

(iii)  Notwithstanding subparagraph (i), a disruptive

student may be returned to a regular classroom sooner

than one year if, after a periodic review and evaluation,

it is determined that the student is ready to return to

the regular classroom.

(3)  For each student in a low-achieving school who

performs below proficiency standards on an academic

performance indicator for reading and mathematics, a parent-

school agreement that includes the academic services to be

provided by the school to improve the student's academic

performance that shall include tutoring and may include other

appropriate educational assistance and support services for

the student and for increasing the parents' involvement in

improving their student's academic performance.

(4)  A school improvement plan that details the use of

State funds provided under section 1712-C for programs and

services under sections 1708-C, 1709-C, 1710-C and 1711-C.

Section 1707-C.  Duties of department.

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

clearinghouse of effective educational strategies and programs

that can be used by low performing schools and other public and

nonpublic schools to improve student academic performance,

including, but not limited to, the following:

(1)  Improving school safety.

(2)  Establishing and improving alternative education

programs.

(3)  Increasing parental involvement in schools.

(4)  Improving the provision of social services in and

outside schools for students.

(5)  Improving tutoring services and other academic

supports for students especially in the subject areas of

reading and mathematics.

(6)  Incentives for high performing principals and

teachers.

(b)  Technical assistance.--The department shall provide

technical assistance to school districts upon request to assist

them in the performance of their duties under this article for

those schools on the list of low-achieving schools.

(c)  Develop criteria.--The department shall develop criteria

to be used by the department in determining if a principal or a

teacher has a demonstrated history of improving student academic

performance for purposes of approving a school district's

request to provide financial or other incentives to principals

or teachers under section 1711-C.

Section 1708-C.  Safe schools with alternative education for

disruptive students.

(a)  Support programs.--From funds provided under section

1712-C an eligible school district shall establish and implement

for each of its low-achieving schools a school-wide positive

behavior support program.

(b)  Options.--From funds provided under section 1712-C an

eligible school district may provide for one or more of the

following in each of its low-achieving schools:

(1)  Professional development programs for

administrators, teachers and support professionals that focus

on communicating about student's academic goals with parents

and interaction with family members from different cultural

and linguistic backgrounds.

(2)  Formulate and implement programs to ensure the

safety of students and staff.

(3)  Alternative education programs or services.

(4)  School-based diversion programs.

(5)  Other evidence-based, data-driven prevention

programs designed to improve school climates.

Section 1709-C.  Targeted interventions and increased parental

involvement.

(a)  Special programs.--From funds provided under section

1712-C, an eligible school district shall provide for after

school and summer school programs that shall include tutoring of

students eligible for tutoring under section 1710-C and may

include programs and services provided under subsection (b)(1),

(2), (3) and (4).

(b)  Targeted intervention.--From funds provided under

section 1712-C, an eligible school district may provide for one

or more of the following targeted interventions for students in

each of its low-achieving schools:

(1)  The school district may also work with community

organizations or public or private institutions to provide

mentoring for students. Prior to mentoring students all

persons that are not school employees shall submit to a

background check as established in section 111 at the expense

of the school district.

(2)  Provision of supports to families for students most

at risk of academic failure, habitual truancy and dropping

out of school by school-based social workers and home and

school visitors.

(3)  Programs that provide instruction on parenting

skills and opportunities for parents to engage in the

operation of the school and its curriculum.

(4)  Programs to improve access to intensive social

services for students and their families, which may include

family counseling services, home, school and community safety

programs and substance abuse treatment. The school district

may provide such services or work with community

organizations or public or private institutions to refer

students and their families to these services.

Section 1710-C.  Targeted tutoring in reading and mathematics.

(a)  General rule.--From funds provided under section 1712-C,

an eligible school district shall provide tutoring services

directly to any student eligible for tutoring services under

subsection (b). A school district may enter into a contract or

contracts with a provider to provide some or all of the tutoring

services. The provider must be approved by the department and

operating within the boundaries of or around the eligible school

district. Prior to tutoring students all persons employed by a

provider shall submit to a background check as established in

section 111.

(b)  Eligibility.--A student in a low-achieving school shall

be eligible for tutoring services under this section where such

student is enrolled full time in an eligible school and:

(1)  has scored below proficient on a Pennsylvania System

of School Assessment test in the subject area of reading or

mathematics;

(2)  is enrolled in kindergarten through second grade and

has scored below proficient on a local assessment in the

subject area of reading or mathematics; or

(3)  has been recommended for tutoring by the school

district.

(c)  Parental notification.--The school district shall notify

the parents or guardian of any student eligible for tutoring

services under subsection (b).

(d)  Tutoring services.--Tutoring services provided under

this section shall include intensive instruction in the subject

areas of reading and mathematics assessed through a Pennsylvania

System of School Assessment test. Tutoring services:

(1)  Shall be provided during the normal school day and

hours of the school, provided that the tutoring does not

supplant services required in a student's individualized

educational program.

(2)  May also be provided outside of the normal school

day and hours of the school entity, including mornings,

evenings, weekends and during the summer months.

(3)  Shall take place on an individual or small group

basis, provided that tutoring services may be provided to no

more than ten students in a given class at a given time

during the school term and no more than 15 students during

the summer months.

(e)  Annual assessment.--The department shall annually assess

any school district that provides tutoring services under this

section in order to determine the academic progress of students

who receive tutoring services.

Section 1711-C.  Incentives for hiring high performing

principals and teachers.

(a)  Financial incentives--A school district with a

low-achieving school under this section may use State funding to

provide financial incentives to hire or promote persons to work

in a low-achieving school district who is either a principal or

a teacher of English or mathematics and who has a demonstrated

history of improving student academic performance as determined

by criteria established by the department under section 1707-

C(c).

(b)  Performance history.--The school district shall provide

evidence to the department that a person receiving a financial

incentive to work in a low-achieving school under this section

has a demonstrated history of improving student academic

performance. No person can receive a financial incentive under

this section until the department has determined that the person

has a demonstrated history of improving student achievement.

(c)  Maximum financial incentive.--The financial incentive

provided by the school district to a person under this section

shall not exceed $20,000 per year.

Section 1712-C.  Funding.

(a)  Calculation.--During the 2012-2013 school year, and

subsequent school years the department shall provide each

eligible school district with funding for programs and services

under this article calculated by:

(1)  dividing the amount of State funding provided under

this article by the average daily membership of the

low-achieving schools in the eligible school district during

the most recent school year;

(2)  multiplying the quotient from paragraph (1) by the

average daily membership of the low-achieving school in the

eligible school district during the most recent school year;

and

(3)  adding the product for each of the school district's

low-achieving schools under paragraph (2) to determine the

sum of the total funding for a school district under this

article.

(b)  Limitation.--The amount of funding provided under this

article shall be limited to funds appropriated for this purpose.

(c)  Funding continues.--If a school district that received

funding under this section in a prior year ceases to qualify as

an eligible school district, the school district shall continue

to receive funding under this section for three years.

(d)  Pro rata funding.--Where funds appropriated for this

program are insufficient to fund the full amount of all funding

calculated under this section, each funding amount shall be

reduced on a pro rata basis.

Section 1713-C.  School district matching funds.

School districts that receive State funding under section

1712-C shall provide matching funds for the purposes of this

article that are equal to 20% of the funds provided by the State

under section 1712-C. Matching funds from a school district for

the purpose of this article shall not be from existing funds for

a low-achieving school district. Matching funds from a school

district may be from other public or private funding sources or

funding from businesses receiving tax credits under Article

XVII-F of the act of March 4, 1971 (P.L.6, No.2), known as the

Tax Reform Code of 1971.

Section 1714-C.  Use of funding.

An eligible school district that receives funding under

section 1712-C may use such funds for the following:

(1)  No less than 25% of funds shall be used for

alternative school education for disruptive students programs

or services under section 1708-C.

(2)  No less than 25% of funds shall be used for targeted

interventions for low-achieving schools programs or services

under section 1709-C.

(3)  No less than 25% of funds shall be used for targeted

tutoring services under section 1710-C.

(4)  No more than 25% of funds may be used for incentives

for principals and teachers under section 1711-C.

(5)  An eligible school district may change the

percentage of their funding for a low-achieving school for

paragraphs (1), (2), (3), and (4) if the department approves

the change as meeting the duties of the school district under

section 1706-C and meets the legislative intent of the

program.

(6)  If the amount of funding available under sections

1712-C and 1713-C is not equal to $20,000,000 or more, the

provisions of this section shall not apply.

Section 1715-C.  Study.

Within 90 days of the conclusion of the 2014-2015 school

year, the department shall conduct a study and prepare a written

report on the effectiveness of the academically distressed

school assistance to raise student academic performance and

submit it to the Governor, the chairman and minority chairman of

the Education Committee of the Senate and the chairman and

minority chairman of the Education Committee of the House of

Representatives. The study shall include a review of the use and

effectiveness of the initiatives listed under section 1704-C

that were used by low-achieving schools in meeting the intent of

the legislation in section 1702-C.

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