1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in preliminary provisions, providing
6for mandate waiver program.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding a
11section to read:

12Section 122. Mandate Waiver Program.--(a) <-(1) Except as
13otherwise provided in this section, <-the a board of school
14directors may adopt a resolution to apply to the Department of
15Education for a waiver of any provision of this act, the
16regulations of the State Board of Education or the standards of
17the Secretary of Education if the waiver will enable the school

1district to improve its instructional program or operate in a
2more effective, efficient or economical manner.

<-3(2) Notwithstanding the provisions of paragraph (1), and
4except as otherwise provided in this section, a board of school
5directors may contact the intermediate unit of which it is a
6member to propose that the intermediate unit apply to the
7Department of Education for a waiver of any provision of this
8act, the regulations of the State Board of Education or the
9standards of the Secretary of Education on behalf of all of the
10intermediate unit's member school districts if the waiver will
11enable the member school districts to improve their
12instructional programs or operate in a more effective, efficient
13or economical manner. Upon the receipt of such a proposal the
14intermediate unit shall circulate a notice to its member school
15districts outlining a proposed waiver application and requesting
16a response. The intermediate unit shall submit a waiver
17application to the Department of Education on behalf of its
18member school districts upon receiving a copy of a resolution
19from each of its member school districts signifying approval of
20the proposed waiver application. An application may not be
21submitted by an intermediate unit under this subsection unless
22the boards of school directors of each of its member school
23districts have adopted a resolution signifying approval of the
24proposed waiver application and transmitted copies of their
25resolutions to the intermediate unit.

26(b) <-(1) The application for a waiver shall be in a manner
27and in <-on a form developed by the Department of Education and
28shall:

<-29(1) (i) Specify the need for the waiver.

<-30(2) (ii) Provide supporting data and information to explain

1the benefits to be obtained by the waiver and, when applicable,
2to explain the instructional program that will operate under the
3waiver.

<-4(3) (iii) Include an evaluation procedure to determine the
5effectiveness of an innovative program or programs; the
6effectiveness of a revised instructional program, which shall
7include measures of student performance; and the effectiveness
8of changes in the operations of the school district.

<-9(2) In developing the application process and form provided
10for in paragraph (1) the Department of Education shall:

11(i) Create a uniform application form which provides
12applicants with the ability to apply for waivers to single or
13multiple provisions of this act, the regulations of the State
14Board of Education or the standards of the Secretary of
15Education through a single application.

16(ii) Create a uniform application form which intermediate
17units must use when applying for waivers on behalf of their
18member school districts.

19(3) The Department of Education may not impose any
20additional requirements on waiver applicants beyond those
21provided for in this section and any additional requirements
22relating to the submission or resubmission of a waiver
23application.

24(c) The application for a waiver shall be adopted by a
25resolution of the board of school directors at a regularly
26scheduled meeting of the board<-. Prior to the board of school
27directors <-or, in the case of an application submitted by an
28intermediate unit on behalf of its member school districts, by
29the submission of resolutions to the intermediate unit from the
30board of each intermediate unit member school district

1signifying approval of the proposed waiver application.
2Resolutions submitted by school districts to an intermediate
3unit under this section must be adopted at a regularly scheduled
4meeting of the board. Prior to implementing the policies or
5procedures contained in the application, approval by the
6Department of Education shall be required.

7(d) The Department of Education shall have sixty (60) days
8from receipt of the application to approve, disapprove or
9request modifications to the application. If the Department of
10Education fails to act within that time period, the waiver shall
11be deemed to be approved.

12(e) <-(1) If the Department of Education disapproves the
13application for waiver, the basis for the Department of
14Education's disapproval shall be transmitted to the <-board of
15school directors. The board of school directors <-waiver
16applicant. The waiver applicant may submit a revised application
17for a waiver.

<-18(2) A waiver applicant may appeal any disapproval of a
19waiver application to the Secretary of Education pursuant to 2
20Pa.C.S. Chs. 5 (relating to practice and procedure) and 7
21(relating to judicial review).

22(f) <-Three (3) Five (5) years from the implementation of the
23waiver, the <-board of school directors waiver applicant shall
24submit to the Department of Education the evaluation set forth
25in subsection <-(b)(3) (b)(1)(iii). When the evaluation of a
26waiver indicates an improvement in student performance,
27instructional program or school operations, the waiver shall be
28renewed by the Department of Education and shall remain in
29effect, unless rescinded by the board of school directors. a<-
30b<-oard of school directors opts out of the waiver. In the case of

1a waiver renewed by the Department of Education for all the
2member school districts of an intermediate unit, the waiver
3shall remain in effect for any school district which has not
4opted out of the waiver.

5(g) The following provisions of this act shall not be
6subject to waiver pursuant to this section: sections 108, 110,
7111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,
8443, 510, 513, 518, 527, 688, 691, 696, 701.1, 708, 736, 737,
9738, 739, 740, 741, 752, 753, 771, 776, 777, 778, 785, 808, 809,
10810, 1073, 1073.1, 1076, 1077, 1080, 1302, 1303, 1310, 1317,
111317.1, 1317.2, 1318, 1327, 1327.1, 1330, 1332, 1361, 1366,
121501, 1502, 1513, 1517, 1518, 1521, 1523, 1546, 1547 and 2104;
13provisions prohibiting discrimination; Articles VI, VI-A, XI,
14XI-A, XII, XIII-A, XIV and XVII-A; and this <-article section.

15(h) The following provisions of 22 Pa. Code (relating to
16education) shall not be subject to waiver pursuant to this
17section:

18Chapter 4 (relating to academic standards and assessment).

19Chapter 11 (relating to student attendance).

20Chapter 12 (relating to students and student services).

21Chapter 14 (relating to special education services and
22programs).

<-23Chapter 15 (relating to protected handicapped students).

24Chapter 16 (relating to special education for gifted
25students).

26Section 32.3 (relating to assurances).

27Section 121.3 (relating to discrimination prohibited).

28Section 235.4 (relating to practices).

29Section 235.8 (relating to civil rights).

30(i) The board of school directors may not <-waive seek a

1waiver of any Federal law or State law applicable to a public
2school that is not within the provisions of this act.

3(j) The Department of Education shall <-issue an annual report
4to the chairman and minority chairman of the Education Committee
5of the Senate and the chairman and minority chairman of the
6Education Committee of the House of Representatives, listing all
7waiver requests and Department of Education approvals or
8disapprovals under this section. <-post all waiver requests and
9Department of Education approvals and disapprovals under this
10section on its publicly accessible Internet website.

11(k) Nothing in this section shall be construed to supersede
12or preempt any provisions of a collective bargaining agreement
13in effect on the effective date of this section.

14(l) Intermediate unit boards of <-school directors and area
15vocational-technical boards shall be eligible to apply for
16mandate waivers under this section except for those in
17subsections (g), (h) and (n).

18(m) Charter school and cyber charter school boards of
19trustees shall be eligible to apply for mandate waivers under
20this section except those in subsections (g) and (h).

21(n) The following provisions shall not be subject to waiver
22for intermediate <-unit boards of school directors units and area
23vocational-technical schools pursuant to this section: Articles
24IX-A and XVIII.

25(o) Notwithstanding the provisions of subsection (g), the
26Department of Education may approve an application submitted by
27a board of school directors for a waiver of section 1361 to
28allow the provision of transportation to a public kindergarten,
29elementary school or secondary school or a nonpublic
30kindergarten, elementary school or secondary school operated not

1for profit located more than ten miles <-outside the district 
2boundaries by the nearest public highway, provided that the
3provision of transportation is more cost effective for the
4district or the Commonwealth or addresses student safety
5concerns. Transportation provided under this subsection shall be
6considered an allowable district expense for purposes of
7calculating transportation reimbursement.

<-8(p) The provisions of section 751 shall be subject to
9waiver, provided that the waiver applicant shall bid all
10construction related projects under separate contracts pursuant
11to the provisions of section 751(a.2). All other provisions of
12section 751, including base amounts, shall be subject to waiver.

13Section 2. This act shall take effect in 60 days.