1Providing for the suspension of mandates by school entities;
2requiring the Department of Education to maintain a list of
3suspended mandates on its Internet website and to report
4annually to the General Assembly the mandates suspended by
5the school entities.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Mandate
10Suspension Act of 2013.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Board." The board of school directors or other governing
16board of a school entity.

17"Commonwealth agency." An executive agency or independent

1agency of the Commonwealth.

2"Department." The Department of Education of the
3Commonwealth.

4"Executive agency." The Governor and any department, board,
5commission, authority, officer or agency of the Commonwealth
6government. The term does not include a court or other officer
7or agency of the unified judicial system, the General Assembly
8and any of its officers and agencies or any independent agency.

9"Independent agency." A board, commission, authority and any
10other agency and officer of the Commonwealth government which is
11not subject to the policy supervision and control of the
12Governor. The term does not include any court or other officer
13or agency of the unified judicial system or the General Assembly
14and any of its officers and agencies.

15"Mandate." A duty, standard or procedure imposed by a law or
16regulation enacted by the General Assembly or promulgated by a
17Commonwealth agency the effect of which requires a school entity
18to conduct or fulfill its authorized activities,
19responsibilities, purposes or functions in a manner that
20increases the entity's cost of doing so or prevents the entity
21from doing so in a more cost-effective or educationally
22effective manner. The term does not include any limit on a rate
23of taxation or the manner of adopting or levying a tax or rate
24of taxation.

25"Oversight agency." A Commonwealth agency which does any of
26the following:

27(1) Administers or has jurisdiction over the law or
28regulation pursuant to which a school entity is to implement
29a mandate.

30(2) Has the duty to make reimbursement payments to a

1school entity pursuant to a regularly scheduled reimbursement
2regimen.

3(3) Has a duty to monitor a school entity's compliance
4with implementation of a mandate.

5"Public officer." An elected or appointed school board
6member as provided by State law.

7"Regulation." A regulation, rule, standard, policy,
8guideline, schedule, manual or similar document promulgated or
9issued by a Commonwealth agency.

10"School entity." A school district, joint school district,
11career and technical school or intermediate unit.

12"Secretary." The Secretary of Education of the Commonwealth.

13Section 3. Mandate suspension resolution.

14(a) Motion.--Except as otherwise provided in this section,
15the board of a school entity may adopt at a public meeting a
16resolution to suspend any mandate or combination of related
17mandates if doing so will enable the school entity to improve
18its instructional program or operate in a more effective,
19efficient or economical manner.

20(b) Memorandum.--The resolution suspending the mandate or
21combination of related mandates shall incorporate by reference
22and have attached thereto a mandate suspension justification
23memorandum that:

24(1) Identifies with specificity the regulation, rule,
25procedure, standard, policy, guideline, schedule, manual or
26similar document, or combination thereof, that imposes the
27mandate or combination of mandates to be suspended.

28(2) Describes how the mandate or combination of mandates
29causes the entity to conduct or fulfill its authorized
30activities, responsibilities, purposes or functions in a

1manner that increases the entity's cost of doing so, or
2prevents the entity from doing so in a more cost-effective or
3educationally effective manner.

4(3) Describes how suspension of the mandate or
5combination of mandates will enable the entity to operate in
6a different manner that will improve educational
7effectiveness or cost effectiveness.

8(4) Specifies the date the suspension of the mandate or
9combination of mandates will expire or states that the
10suspension will be indefinite.

11(5) Outlines the procedures by which the economic and
12educational benefits of suspending the mandate or combination
13of mandates will be assessed, measured and reported on an
14ongoing basis.

15(c) Deemed approved.--Unless disapproved by the department
16as provided in section 5, suspension of the mandates pursuant to
17a resolution adopted under this section shall take effect 60
18days after the department receives notice of the resolution or
19upon such later date as may be specified in the resolution.

20(d) Effective.--Unless a mandate suspension is disapproved,
21expires or is resumed under section 7, the suspension shall
22remain in effect indefinitely.

23(e) Renewal.--The board of the school entity may renew a
24mandate suspension that has expired or is set to expire by
25adopting a mandate suspension resolution in the same manner
26specified in this section.

27(f) Public input.--The board of the school entity shall
28conduct a public hearing for the purpose of receiving input
29regarding whether the mandate or mandates should be suspended.

30(g) Public access.--Mandate suspension resolutions and any

1departmental determinations related thereto shall be posted on
2the school entity's publicly accessible Internet website.

3Section 4. Notice to the department and oversight agency.

4(a) General rule.--A school entity adopting a mandate
5suspension resolution shall promptly provide a copy of the
6resolution and suspension justification memorandum to the
7department and any other oversight agency by certified mail,
8return receipt requested.

9(b) Objections.--An oversight agency receiving notice of a
10mandate suspension resolution may, within 30 days of receipt,
11submit objections to the department. Objections shall state the
12reason why the mandate suspension fails to meet the requirements
13of this act.

14Section 5. Actions by secretary.

15(a) Disapproval.--The secretary may, within 60 days of
16receipt of a mandate suspension resolution and upon
17consideration of objectives, if any, disapprove the resolution
18if the secretary determines that the resolution fails to meet
19the requirements of this act.

20(b) Effect.--If the department disapproves a mandate
21suspension resolution, the mandate or combination of mandates
22shall not be suspended and the school entity shall continue to
23be subject to the mandate as otherwise applicable.

24(c) Deemed approved.--If the department does not disapprove
25a mandate suspension resolution within 60 days of receipt, the
26mandate or combination of mandates shall be suspended and shall
27no longer apply to the school entity unless the mandate
28suspension expires in accordance with the terms of the mandate
29suspension resolution or is resumed under section 7.

30(d) Appeal.--Disapproval of mandate suspension resolutions

1may be appealed by the school entity as provided in 2 Pa.C.S.
2Ch. 7 Subch. A (relating to judicial review of Commonwealth
3agency action).

4Section 6. Reporting success of suspended mandates.

5(a) Reporting.--Whenever any mandate or combination of
6mandates is suspended under this act, the school entity shall,
7on an ongoing basis, assess and measure the economic and
8educational benefits of suspending the mandate or combination of
9mandates, and shall prepare a report of the benefits on the
10third anniversary of the effective date of the suspension and
11each third anniversary thereafter.

12(b) Submission.--Reports of the benefits of each mandate
13suspension shall be submitted to the department within 90 days
14after the third anniversary of the effective date of the
15suspension and each third anniversary thereafter.

16Section 7. Resumption of suspended mandates.

17(a) Effectiveness of suspension.--The mandate or combination
18of mandates shall resume upon the expiration of the mandate
19suspension as stated in the mandate suspension resolution or if
20either of the following occurs:

21(1) the governing board of the school entity adopts a
22resolution terminating the mandate suspension; or

23(2) the department makes a final determination that the
24entity has failed to submit a report of effectiveness as
25required or has not enabled the entity to operate in a
26different manner that improved educational effectiveness or
27cost effectiveness.

28(b) Notification to school entity.--The department shall
29notify the school entity of any determination by the department
30that the effect of a mandate suspension has not been measured

1and reported as required or has not had the intended effect and
2shall conduct a hearing thereon if requested by the school
3entity.

4(c) Appeal.--A determination by the department that the
5effect of a mandate suspension has not been measured and
6reported as required or has not had the intended effect may be
7appealed by the school entity as provided in 2 Pa.C.S. Ch. 7
8Subch. A (relating to judicial review of Commonwealth agency
9action).

10(d) Notice of resumption.--A school entity shall notify the
11department and any oversight agency in writing when the
12effectiveness of a mandate or combination of mandates is resumed
13under this act. The notice shall include a copy of any
14resolution terminating the suspension or of any final
15determination of the department that the effect of a mandate
16suspension has not been measured and reported as required or has
17not had the intended effect.

18Section 8. Mandate suspension register.

19(a) Creation.--No later than 90 days after the effective
20date of this section, the department shall create a searchable
21register of suspended mandates for which it has received notice,
22searchable and accessible to the public, via the department's
23Internet website, from which website visitors may find for each
24school district the mandates that have been suspended, the date
25the suspension took effect, the expiration, if any, and the
26date, if any, the mandate resumed.

27(b) Links.--All listings of mandates on the mandate
28suspension register shall include a link to the mandate
29suspension resolution posted on the school entity's Internet
30website and any determinations of the department related

1thereto.

2Section 9. Mandates not subject to suspension.

3Mandates may not be suspended as provided in this act to the
4extent they are imposed by the following:

5(1) A court order.

6(2) The Constitution of the United States.

7(3) Federal law or Federal regulation.

8(4) The Constitution of Pennsylvania.

9(5) A law or regulation concerning the form,
10organization, reorganization or structure of a school entity.

11(6) A law or regulation governing elections.

12(7) A law or regulation designating a public officer or
13a duty or power of a public officer or the incompatible
14offices of a public employee.

15(8) A law or regulation regarding the ethics of a public
16official or employee or the protection of the public from
17malfeasance, misfeasance or nonfeasance by a public official
18or employee of a school district.

19(9) The provisions set forth in 2 Pa.C.S. Chs. 5 Subch.
20B (relating to practice and procedure of local agencies) and
217 Subch. B (relating to judicial review of local agency
22action) and other laws or regulations proscribing practices
23and procedures relating to meetings, hearings and other
24administrative adjudications on behalf of a school entity or
25agency of a school entity.

26(10) A law or regulation that involves the
27administration of justice or procedures for administration
28and judicial review of actions taken by a school entity.

29(11) An existing contract, including a collective
30bargaining agreement.

1(12) The right to collectively bargain.

2(13) The provisions of the act of June 2, 1915 (P.L.736,
3No.338), known as the Workers' Compensation Act, and its
4regulations.

5(14) The provisions of the act of December 5, 1936 (2nd
6Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
7Compensation Law, and its regulations.

8(15) The provisions of the act of November 10, 1999
9(P.L.491, No.45), known as the Pennsylvania Construction Code
10Act, and any regulations promulgated under that act.

11(16) A law or regulation related to public health and
12safety.

13(17) A law or regulation pertaining to the substantive
14or procedural due process rights of students or employees.

15(18) The provisions of 65 Pa.C.S. Ch. 7 (relating to
16open meetings).

17(19) The provisions of Chapter 7 of the act of February
1814, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and
19any regulations promulgated under that act.

20(20) A law or regulation setting forth time lines and
21notice requirements for the adoption of budgets by a school
22district.

23(21) A law or regulation requiring liability insurance.

24(22) A law or regulation governing hazardous walking
25routes for students.

26(23) A law or regulation governing academic standards
27and assessments.

28(24) A law or regulation governing student attendance.

29(25) A law or regulation governing charter school
30tuition payments.

1(26) A law or regulation prohibiting discrimination.

2(27) The provisions of this act.

3Section 10. Liability and immunity.

4Nothing in this act nor any actions taken under this act,
5including, but not limited to, the suspension of any mandate,
6resumption of a mandate or the termination of suspension of a
7mandate, shall have the effect of modifying, enlarging or
8diminishing an existing legal basis for determining any aspect
9of the civil or criminal liability of the Commonwealth, school
10entities and officials or employees of the Commonwealth and
11school entities.

12Section 11. Effectiveness.

13A suspension of mandates in accordance with this act shall
14remain in effect notwithstanding the repeal, amendment or
15expiration of this act.

16Section 12. Effective date.

17This act shall take effect in 30 days.