THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY HUGHES, TARTAGLIONE, FERLO, BLAKE, YUDICHAK, LEACH, COSTA, FONTANA AND WOZNIAK, APRIL 8, 2011

REFERRED TO EDUCATION, APRIL 8, 2011  

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," providing for victory academies.

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

VICTORY ACADEMIES

(a)  Preliminary Provisions

Section 1701-C.  Short title.

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

Victory Academy Pilot Act.

Section 1702-C.  Legislative intent.

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

article, to study and determine the potential for increased

student academic achievement through the establishment and

operation of pilot victory academies that incorporate additional

educational supports, including expanded instruction,

assessment, tutoring and student and family services.

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 (Public

Law 107-110, 115 Stat. 1425) 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).

"Applicant."  A qualified charter school operator that

submits an application and plan to operate a victory charter

school to a school district.

"Department."  The Department of Education of the

Commonwealth.

"Lowest achieving school."  A public elementary or secondary

school within this Commonwealth achieving within the lowest

measured group of 5% on the most recent assessment for which

data is posted on the Department of Education's publicly

accessible Internet website. The term does not include a charter

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

a public 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.

"Operator."  The board of trustees of a qualified charter

school or the board of school directors of a school district.

"Qualified charter school."  A charter school that places in

the top quartile of all public schools in the latest ranking of

all public schools based on student academic scores on the

Pennsylvania System of School Assessment test or other similar

test adopted by the State Board of Education to assess the

academic achievement of students.

"School."  A lowest achieving school that is placed on the

victory academy list established under section 1713-C.

"School district."  A school district with one or more lowest

achieving schools placed on the victory academy list established

under section 1713-C.

"Teacher."  An individual who holds a Pennsylvania

instructional certificate, educational specialist or

administrative certification or letter of eligibility.

"Victory academy."  A victory public school or a victory

charter school.

(b)  Victory Academies

Section 1710-C.  Victory Academy Pilot Program.

(a)  Establishment.--The Victory Academy Pilot Program is

established as a four-year pilot program to require school

districts to restructure the governance and operation of schools

to improve the academic performance of students in those

schools.

(b)  Operation.--Notwithstanding Article XVII-A, the

operation of victory academies shall begin in the 2011-2012

school year and continue through the 2014-2015 school year.

Section 1711-C.  Victory academy requirements.

(a)  General rule.--A victory academy shall:

(1)  Operate as a neighborhood school responsible for the

education of all students in the victory academy student

assignment area.

(2)  Operate in the same school facility where the school

previously operated, where feasible.

(3)  Enter into an agreement with the school district

that establishes minimum standards governing annual increases

in the academic performance indicators that are agreed upon

with the school district.

(4)  No later than 30 days following the initial startup

of a victory academy, conduct ongoing assessments of student

performance, including an initial baseline assessment of

knowledge and skills in each grade level and academic content

area in which instruction will be provided.

(5)  Establish data-driven instructional programs.

(6)  Provide curriculum that is aligned with State

academic standards contained in 22 Pa. Code Ch. 4 (relating

to academic standards and assessment).

(7)  In the case of a school that provides kindergarten

instruction, provide a full-day kindergarten program.

(8)  Provide appropriate educational programs for

students who are eligible for special education and related

services, English Language Learner services and mentally

gifted services.

(9)  For nonspecial education students, develop

appropriate educational goals for each student and offer

differentiated instruction to meet the needs of all students.

(10)  Provide academic supports and interventions,

including tutoring and other appropriate educational

assistance, that are targeted for students who perform below

proficiency standards on an academic performance indicator.

(11)  Provide for a student-to-teacher ratio that does

not exceed 15 students to 1 teacher for elementary grades and

20 students to 1 teacher for secondary grades.

(12)  Provide for appropriate school staffing that

includes establishing positions and selecting staff to

address the needs of the students and provide professional

development for all instructional and support staff.

(13)  Notwithstanding the provisions of section 1327,

provide for a minimum of 1,100 hours of elementary

instruction or 1,190 hours of secondary instruction, as

applicable, which may include any of the following: a

lengthened school day, an extended school year, a minimum of

four weeks of summer school and Saturday instructional

classes. Notwithstanding the provisions of section 1502(a), a

victory academy may conduct instructional classes on

Saturday.

(14)  Provide programs to improve parental involvement,

which may include:

(i)  Creation of a school advisory council.

(ii)  Professional development programs for

administrators, teachers and support professionals that

focus on communicating about students' academic goals

with parents and interaction with family members from

different cultural and linguistic backgrounds.

(iii)  Programs that provide instruction on parenting

skills and opportunities for parents to engage in the

operation of the victory academy and its curriculum.

(iv)  Establishment of a school liaison to ensure the

sharing of information between families and teachers and

who is available to meet with parents after normal school

hours.

(v)  Provision of supports to families for students

most at risk of academic failure, truancy and dropping

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

school visitors.

(vi)  Programs to improve parent and student

satisfaction, which may include programs to improve

communications with parents and provide parents with

opportunities to provide feedback to the school.

(15)  Programs to improve access to intensive social

services for victory academy students and their families,

which may include family counseling services, home, school

and community safety programs and substance abuse treatment.

A victory academy may provide such services or work with

community providers or public or private institutions to

refer students and families to these services.

(16)  Formulate and implement programs designed to

improve the learning environment and school culture, which

shall include measures to ensure the safety of students and

staff, and may include the following:

(i)  Positive behavioral supports.

(ii)  Professional development.

(iii)  Coordination with community partners.

(iv)  An increase in extracurricular activities for

victory academy students.

(b)  Required elements.--The required elements for the models

of a victory academy are as follows:

(1)  The following shall apply to a victory public

school:

(i)  A school district shall operate a victory public

school.

(ii)  (A)  Staff at a victory public school shall be

employees of the school district who are selected by

the victory public school for employment at the

victory public school.

(B)  Staff shall be subject to collective

bargaining agreements for the school district,

provided that the staff shall enter into a

supplementary agreement governing staffing and

certain school working conditions, including the

scheduling of school hours and the school year,

consistent with this article.

(C)  Staff compensation at a victory public

school shall include performance-based pay and

incentives not solely based upon student performance

on a single assessment.

(2)  The following shall apply to a victory charter

school:

(i)  An operator of a victory charter school that is

selected by a school district under section 1715-C shall

enter into a four-year charter agreement with the school

district for the operation of the school.

(ii)  The operator of a qualified charter school

shall govern the operation of a victory charter school.

(iii)  (A)  Staff at a victory charter school, who

are employed by the victory charter school, shall not

be considered employees of the school district.

(B)  Teachers who are currently employed by the

school district at a school which is converted into a

victory charter school may request a leave of absence

for up to four years from the school district to

become an employee of a victory charter school.

(C)  Staff compensation at a victory charter

school shall be determined by the board of trustees

of the victory charter school and shall include

performance-based pay and incentives that are not

solely based upon student performance on a single

assessment.

(iv)  Parental and community involvement shall occur

through the school advisory council, participation on the

board of trustees of a victory charter school or other

organizations established in the charter agreement.

(v)  Provisions of Article XVII-A relating to the

operation of a charter school shall apply to the

operation of a victory charter school.

(vi)  Notwithstanding the provisions of subparagraph

(v), the following shall not apply to the conversion or

operation of a victory charter school:

(A)  The provisions under section 1717-A.

(B)  The provisions under section 1720-A.

(C)  The provisions under section 1722-A(a).

(D)  Except for section 1723-A(b)(1), the

provisions under section 1723-A.

Section 1712-C.  Community input.

(a)  General rule.--Prior to the selection of an operator of

a victory charter school, a school district shall conduct the

following meetings:

(1)  At least two community meetings at each school to be

held during the evening that shall include a presentation on

the Victory Academy Pilot Program, distribution of

information materials and a question and answer session with

parents and community members to address the conversion of

schools to a victory academy. The school district shall

provide public notice for each community meeting.

(2)  At least one staff meeting at each school that shall

include: a presentation on the Victory Academy Pilot Program

with information on the placement of the school on the

victory academy list, the selection for conversion and how

the final selection may impact staff employment at the

victory academy.

(b)  Opportunity for public comment.--In addition to the

meetings required under subsection (a), a school district shall

provide an opportunity for public comments which shall be

considered by the school district in making its selection under

section 1715-C.

Section 1713-C.  Victory academy list; identification of

qualified charter schools.

(a)  General rule.--

(1)  Within five days of the effective date of this

section, the department shall:

(i)  Identify the lowest achieving schools as of the

effective date of this section and place them on a

victory academy list.

(ii)  Notify each school district with one or more

schools on the victory academy list of the placement of

the school or schools on the victory academy list.

(2)  (i)  Following notification, a school district that

has implemented measures that are substantially similar

to provisions of this article for new governance and

operation in specific lowest achieving schools on the

effective date of this section may petition the

department for removal of such lowest achieving schools

from the victory academy list. The department shall

determine the required documentation for submission by

the school district to support a petition.

(ii)  Within 20 days of receipt of a petition under

this paragraph, the department shall approve the petition

and remove the applicable lowest achieving schools from

the victory academy list where the department determines

that the measures implemented are substantially similar

to the provisions of this article.

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

of this section, the department shall:

(1)  Identify all charter schools that meet the criteria

for designation as a qualified charter school.

(2)  Notify each school district of all qualified charter

schools located within ten miles of the boundaries of the

school district by the nearest public highway.

Section 1714-C.  Duties of school districts.

A school district shall have the following duties:

(1)  Within five days of notification under section

1713-C(a)(1)(ii), develop standards for the operation of

victory academies to include the following:

(i)  Requirements contained in section 1711-C(a).

(ii)  A minimum annual increase in academic

performance indicators to be incorporated into a charter

for the operation of a victory charter school and to be

incorporated into the operation of a victory public

school by the school district.

(iii)  A plan to provide or provide access to

applicable intensive social services to support school

students and their families who will attend a victory

academy in compliance with section 1711-C(a)(15).

(2)  Provide for public participation through

informational meetings pursuant to section 1712-C.

(3)  Select the operator of a victory academy for each

school pursuant to section 1715-C.

(4)  Where no qualified charter school applies for or is

selected to operate a victory charter school, develop a plan

for the operation of each school as a victory public school

that incorporates the standards established under paragraph

(1).

(5)  Following conclusion of the 2013-2014 school year,

submit all required information and data to the department

pursuant to section 1719-C(a).

Section 1715-C.  Selection of victory academy operator.

(a)  General rule.--A school district shall select an

operator to convert the school into a victory academy and

operate the victory academy as either a victory public school or

a victory charter school.

(b)  Notice.--Where the school district receives notice

pursuant to section 1713-C(b)(2), a school district shall

solicit proposals from qualified charter schools for the

operation of each school within 45 days of notification under

section 1713-C(a)(1)(ii).

(c)  Plan of operation.--A qualified charter school operator

may submit to the school district an application to include a

plan for the operation of a victory charter school that

implements the standards established under section 1711-C(a).

(d)  Proposals.--Where a school district receives one or more

proposals from an applicant for the conversion of a school to a

victory charter school:

(1)  The school district shall evaluate the

qualifications of the applicants and the quality of the plans

submitted.

(2)  The school district shall either:

(i)  select the qualified charter school best suited

to operate a victory charter school; or

(ii)  where the school district determines that the

qualifications of all of the applicants or the quality of

the plans submitted are not satisfactory, prepare and

implement a plan for the conversion of the school into a

victory public school.

(3)  Provided that a sufficient number of qualified

applicants apply for operation of a victory charter school

and the applicants and the plans submitted are satisfactory

pursuant to paragraph (2)(ii), a school district shall

consider the qualified applicants for the conversion of

schools into victory charter schools.

(e)  School-prepared plan.--Where a school district does not

receive any satisfactory applications as reasonably determined

by the school district from a charter school applicant for the

conversion of a school to a victory charter school or where a

school district does not receive notice under section 1713-C(b),

the school district shall prepare and implement a plan for the

conversion of the school into a victory public school within 90

days of the receipt of notice pursuant to section 1713-C(a)(1)

(ii).

Section 1716-C.  Payments for victory charter schools.

Notwithstanding the provisions of section 1725-A(a)(2) and

(3), an agreement between a school district and a victory

charter school shall include a payment rate for each nonspecial

education student and for each special education student.

Section 1717-C.  Transportation.

A school district shall provide transportation for students

who attend a victory academy in accordance with section 1361.

Section 1718-C.  Department duties.

The department shall have the following duties:

(1)  Provide technical assistance to school districts in

the implementation of this article.

(2)  Prepare and distribute forms and documentation

necessary to implement this article, including documentation

to report data regarding the academic performance of each

victory academy for compliance with section 1719-C.

(3)  Establish guidelines as necessary to implement this

article.

Section 1719-C.  Study.

(a)  Performance information.--Within 30 days of the

conclusion of the 2011-2012, 2012-2013 and 2013-2014 school

years, a school district and an operator of a victory charter

school shall submit to the department such information as

required by the department in the manner indicated by the

department on the academic performance indicators agreed upon

between a victory academy and the school district.

(b)  Effectiveness study.--Within 90 days of the conclusion

of the 2013-2014 school year, the department shall conduct a

study and prepare a written report on the effectiveness of the

Victory Academy Pilot Program 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.

(c)  Miscellaneous Provisions

Section 1731-C.  Inconsistent provisions.

The provisions of Article XVII-A that do not conflict with or

are not inconsistent with the provisions of this article shall

apply to this article.

Section 1732-C.  Expiration.

This article shall expire December 31, 2015.

Section 2.  This act shall take effect immediately.