THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WARD, SCARNATI, M. WHITE, BAKER, ALLOWAY, ARGALL, KASUNIC, LEACH, MENSCH, YUDICHAK AND WASHINGTON, APRIL 30, 2012

REFERRED TO EDUCATION, APRIL 30, 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," in preliminary provisions, providing

for mandate waiver program for transportation.

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 a

section to read:

Section 120.  Mandate Waiver Program.--(a)  The department

may, upon application by a governing body of a school entity,

waive any provision of this act related to transportation, the

regulations of the State Board of Education related to

transportation or the standards of the secretary related to

transportation if the waiver will enable the school entity to

operate in a more effective, efficient or economical manner.

(b)  In order to be eligible for a waiver under subsection

(a), the school entity must submit an application adopted by the

governing body of the school entity at a regularly scheduled

meeting of the governing body.

(c)  The application shall be submitted in a form and manner

prescribed by the department and shall:

(1)  Specify the need for the transportation waiver.

(2)  Provide supporting data and information to show the

benefits to be obtained by the waiver.

(d)  The department shall have sixty (60) days from the

receipt of the application to approve, disapprove or request

modifications to the application. If the department fails to act

within sixty (60) days, the waiver shall be deemed approved.

(e)  Upon disapproval of an application, the department shall

provide a written determination setting forth the reason for the

disapproval. The governing body may submit a revised application

for a waiver.

(f)  Three (3) years following the implementation of the

waiver, the governing body shall submit an evaluation of the

effectiveness of the program or operational change. If the

evaluation indicates improvement in school operations, the

waiver shall be renewed by the department and shall remain in

effect unless rescinded by the governing body.

(g)  The governing body may not waive any Federal or State

law applicable to a school entity that is not included in this

act or 22 Pa. Code (relating to education).

(h)  Nothing in this section shall be construed to supersede

or preempt any provisions of a collective bargaining agreement

in effect on the effective date of this section.

(i)  For the purposes of this section, the following words

and phrases shall have the following meanings:

"Department" shall mean the Department of Education of the

Commonwealth.

"Governing body" shall mean the board of school directors of

a school district or the governing board of an area vocational-

technical school, an intermediate unit, a charter school or a

cyber charter school.

"School entity" shall mean a school district, an area

vocational-technical school, an intermediate unit, a charter

school or a cyber charter school.

"Secretary" shall mean the Secretary of Education of the

Commonwealth.

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