THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, SCHWANK, TARTAGLIONE AND STACK, OCTOBER 14, 2011

REFERRED TO EDUCATION, OCTOBER 14, 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," further providing for distress in

school districts of the first class.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 696(a), (b) and (n.2) of the act of March

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

1949, amended October 30, 2001 (P.L.828, No.83) and June 29,

2002 (P.L.524, No.88), are amended to read:

Section 696.  Distress in School Districts of the First

Class.--(a)  (1)  Within thirty (30) days of a declaration by

the Secretary of Education that a school district of the first

class is distressed under section 691(c), a School Reform

Commission shall be established consisting of [four members

initially appointed by the Governor and one member initially

appointed by the mayor of the city coterminous with the school

district] the members listed under paragraph (5).

(2)  The School Reform Commission shall be an instrumentality

of a school district of the first class, exercising the powers

of the board of school directors.

(3)  The Governor shall appoint a chairman of the School

Reform Commission.

(4)  [At least three] All of the commission members[,

including the member appointed by the mayor,] must be residents

of the school district.

(5)  Composition of the commission shall be as follows:

(i)  Three members appointed by the Governor.

(ii)  Two member appointed by the mayor of the city

coterminous with the school district of the first class.

(iii)  One member who is an educator in a public school in

the school district of the first class or in a charter school in

the school district of the first class, appointed by the

Governor.

(iii)  One member who is a parent representative in the

school district of the first class or in a charter school in the

school district of the first class, appointed by the mayor.

(iv)  One member who is a student representative in the

school district of the first class or in a charter school in the

school district of the first class, appointed by a majority of

the students of the school district of the first class and all

charter schools in the school district of the first class from a

list of student representatives. The school district of the

first class and each charter school shall submit one individual

to be placed on the list of student representatives.

(b)  Membership of the School Reform Commission shall be as

follows:

(1)  Members appointed pursuant to this section shall serve

terms as follows:

[(i)  Two of the members appointed by the Governor shall

serve initial terms of seven (7) years.

(ii)  One of the members appointed by the Governor shall

serve an initial term of five (5) years.

(iii)  One of the members appointed by the Governor shall

serve an initial term of three (3) years. Upon the expiration of

the initial term of this member, the mayor shall appoint an

individual to fill this position.

(iv)  The member appointed by the mayor shall serve an

initial term of three (3) years.

(v)  After the expiration of each initial term:]

[(A)] (i)  Members appointed by the Governor [under

subclauses (i) and (ii)] shall be appointed for a term [of five

(5) years] equal to and concurrent with the term of the

Governor.

[(B)] (ii)  Members appointed by the mayor [under subclauses

(iii) and (iv)] shall be appointed for a term [of four (4)

years] equal to and concurrent with the term of the mayor.

(1.1)  Except for the student representative member appointed

under subsection (a)(5)(iv), all commission members shall have

voting rights.

(2)  Except as authorized in this subsection, no commission

member may be removed from office during a term. The Governor

may, upon proof by clear and convincing evidence of malfeasance

or misfeasance in office, remove a commission member prior to

the expiration of the term. Before a commission member is

removed, that member must be provided with a written statement

of the reasons for removal and an opportunity for a hearing in

accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice

and procedure of Commonwealth agencies) and Ch. 7 Subch. A

(relating to judicial review of Commonwealth agency action).

(3)  Upon the expiration of term or the occurrence of a

vacancy in the office of a commission member appointed by the

Governor, the Governor shall appoint, with the consent of a

majority of the members elected to the Senate, the successor

member. Upon the expiration of term or the occurrence of a

vacancy in the office of a commission member appointed by the

mayor, the mayor shall appoint the successor member. An

appointment to fill a vacancy shall be for the balance of the

unexpired term.

(4)  A commission member shall hold office until a successor

has been appointed and qualified.

(5)  A commission member may serve successive terms.

(6)  No commission member may, while in the service of the

School Reform Commission, seek or hold a position as any other

public official within this Commonwealth or as an officer of a

political party.

(6.1)  No commission member may, while in the service of the

School Reform Commission, engage in business, other than

commission-related business, with another commission member or

an individual elected by the public to serve a term in elective

office in this Commonwealth.

(7)  Commission members shall be reimbursed for reasonable

and necessary expenses incurred in the performance of their

official duties from funds of the school district.

* * *

(n.2)  Beginning in 2003, by August 31 of each year, the

School Reform Commission shall provide a report for the

preceding school year regarding progress made toward

improvements in fiscal and academic performance in a school

district of the first class. The report shall be filed with the

Governor's Office and with 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 report shall be provided to parents of

students of a school district of the first class at a parent-

focused meeting held by the commission by September 30 of each

year.

* * *

Section 2.  The amendment of section 696(a) and (b) of the

act shall apply to members appointed on or after the effective

date of this section.

Section 3.  This act shall take effect in 60 days.