AN ACT

 

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," further providing for distress in
6cities of the first class.

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

9Section 1.  Section 696(i) of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949,
11amended October 30, 2001 (P.L.828, No.83), and July 12, 2012 
12(P.L.1142, No.141), is amended to read:

13Section 696.  Distress in School Districts of the First
14Class.--* * *

15(i)  In addition to all powers granted to the superintendent
16by law and a special board of control under section 693 and
17notwithstanding any other law to the contrary, the School Reform
18Commission shall have the following powers:

19(1)  To appoint such persons and other entities as needed to
20conduct fiscal and performance audits and other necessary

1analyses.

2(2)  To enter into agreements with persons or for-profit or
3nonprofit organizations to operate one or more schools. A school
4operated under this clause shall be funded in accordance with
5the terms of the agreement.

6(i)  All applications to operate a charter school in a school
7year after a declaration of distress is issued and all charter
8schools established after a declaration of distress is issued
9shall not be subject to sections 1717-A(b), (c), (d), (e), (f),
10(g), (h) and (i), 1722-A(c) and 1724-A.

11(ii)  The School Reform Commission may suspend or revoke a
12charter pursuant to section 1729-A.

13(3)  To suspend the requirements of this act and regulations
14of the State Board of Education except that the school district
15shall remain subject to those provisions of this act set forth
16in sections 1073, 1073.1, 1076, 1077, 1078, 1080, 1732-A(a), (b)
17and (c), 1714-B and 2104 and regulations under those sections.

18(4)  To employ professional and senior management employes
19who do not hold State certification if the School Reform
20Commission has approved the qualifications of the person at a
21salary established by the commission.

22(5)  To enter into agreements with persons or for-profit or
23nonprofit organizations providing educational or other services
24to or for the school district. Services provided under this
25clause shall be funded in accordance with the terms of the
26agreement.

27(6)  Notwithstanding any other provisions of this act other 
28than this clause, to close or reconstitute a school, including
29the reassignment, suspension or dismissal of professional
30employes. This clause shall be suspended until June 30, 2014, in 

1order to do all of the following:

2(i)  Permit the school district to investigate changes in
3various areas, including structure and curriculum.

4(ii)  Permit the school district and the General Assembly to
5consider financial reform.

6(iii)  Enable residents of the school district to plan for
7appropriate and effective transition upon implementation of this
8clause.

9(7)  To suspend professional employes without regard to the
10provisions of section 1125.1.

11(8)  To appoint managers, administrators or for-profit or
12nonprofit organizations to oversee the operations of a school or
13group of schools within the school district.

14(9)  To reallocate resources, amend school procedures,
15develop achievement plans and implement testing or other
16evaluation procedures for educational purposes.

17(10)  To supervise and direct principals, teachers and
18administrators.

19(11)  To negotiate any memoranda of understanding under the
20collective bargaining agreement in existence on the effective
21date of this section.

22(12)  To negotiate a new collective bargaining agreement.

23(13)  To delegate to a person, including an employe of the
24school district or a for-profit or nonprofit organization,
25powers it deems necessary to carry out the purposes of this
26article, subject to the supervision and direction of the School
27Reform Commission.

28(14)  To employ, contract with or assign persons or for-
29profit or nonprofit organizations to review the financial and
30educational programs of school buildings and make

1recommendations to the School Reform Commission regarding
2improvements to the financial or educational programs of school
3buildings.

4* * *

5Section 2.  This act shall take effect immediately.