AN ACT

 

<-1Providing for the establishment of a searchable budget database-
2driven Internet website detailing certain information
3concerning taxpayer expenditures and investments by school
4districts.

<-5Providing for the posting of annual financial reports for public
6school entities, for the convening of an advisory committee,
7for posting of final adopted budgets for public school
8entities and for the Department of Education's establishment
9of a searchable Internet website detailing certain
10information concerning receipts and expenditures by public
11school entities.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

<-14Section 1. Short title.

15This act shall be known and may be cited as the School
16District Web Accountability and Transparency (SchoolWATCH) Act.

17Section 2. Definitions.

18The following words and phrases when used in this act shall
19have the meanings given to them in this section unless the
20context clearly indicates otherwise:

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

3"Entity." Any of the following:

4(1) An individual, corporation, association, union,
5limited liability company or limited liability partnership.

6(2) Any other legal business entity, including a
7nonprofit, a grantee, a contractor and a sole proprietor.

8(3) Any political subdivision or other local government
9entity.

10"Funding action or expenditure." A payment by a school
11district to include:

12(1) A grant.

13(2) A loan.

14(3) Reimbursement.

15(4) Payment made pursuant to the purchase of goods and
16services, including employee salaries, or to a construction
17or other contract.

18(5) Payment of debt service.

19(6) Payments made pursuant to a formula.

20(7) Payments to political subdivisions or other local
21government entities.

22"Funding source." A school district's general fund or
23special funds.

24"Public School Code of 1949." The act of March 10, 1949
25(P.L.30, No.14), known as the Public School Code of 1949.

26"School district." As defined in section 102 of the act of
27March 10, 1949 (P.L.30, No.14), known as the Public School Code
28of 1949.

29Section 3. Searchable database.

30(a) Development.--By December 31, 2014, the department shall

1develop, implement and maintain a single, searchable, public
2Internet website to be called SchoolWATCH.

3(b) Internet website contents.--The Internet website
4required pursuant to subsection (a) shall provide the following
5information for each school district:

6(1) The name and address of the school district.

7(2) The amount of funding received by the school
8district from Federal, State, local and private sources and
9deposited in the school district's general fund or special
10fund during the previous month.

11(3) The name and address of the entity receiving a
12payment from the school district pursuant to a funding action
13or expenditure.

14(4) A description and the amount of each funding action
15or expenditure.

16(5) The funding source for each funding action or
17expenditure.

18(6) The expected and achieved performance outcomes from
19the funding action or expenditure, if available.

20(7) A counter to show the number of times the Internet
21website is accessed.

22(8) A link to each school district's Internet website,
23where available.

24(9) The total number of individuals employed by each
25school district as of the 15th day of the previous month.

26(10) For each individual employed by a school district,
27the following:

28(i) Name.

29(ii) Position or title.

30(iii) Current annual salary, based on the employee's

1pay schedule and current salary.

2(iv) Any additional compensation received by the
3individual and the basis for such compensation,
4including, but not limited to, duties as a coach or
5activity advisor.

6(v) Compensation, as defined in section 303(a)(1)(i)
7of the act of March 4, 1971 (P.L.6, No.2), known as the
8Tax Reform Code of 1971, paid by the school district.

9(c) Exemption.--Notwithstanding any other provision of this
10act, records not subject to disclosure under the act of February
1114, 2008 (P.L.6, No.3), known as the Right-to-Know Law, shall
12not be included on the Internet website.

13(d) Access.--The Internet website shall allow the public to
14search for and aggregate information at no cost.

15(e) Maintenance.--Information for a fiscal year shall remain
16on the Internet website for a period of no less than eight years
17from the date of posting.

18Section 4. Administration.

19(a) School district requirements.--Each school district
20shall cooperate with the department. The following shall apply:

21(1) Each school district shall provide the department
22with all information regarding Federal, State, local and
23private funding received and all funding actions or
24expenditures as required under this act at the time the
25funding is received or the funding action or expenditure is
26paid by the school district.

27(2) Each school district shall provide the department
28with complement and employment compensation information as
29required under this act prior to the end of each month.

30(b) Accuracy.--Each school district is responsible for

1verifying the accuracy and completeness of information submitted
2to the department.

3(c) Format.--Each school district shall establish and
4maintain the information required to be posted under section 3
5in a manner prescribed by the department. The department shall
6consult with school districts to develop the format to be
7utilized.

8(d) Penalty.--A school district that fails to comply with
9the provisions of this act shall be subject to withholding of
10State appropriations pursuant to section 2552 of the Public
11School Code of 1949.

12Section 5. Report to Governor and General Assembly.

13The department shall prepare an annual report containing
14statistical information on the usage and performance of the
15Internet website. The report shall contain frequency of user
16access of the Internet website, types of data being accessed and
17Internet website performance. The report shall be submitted to
18the Governor, the chairman and minority chairman of the
19Appropriations Committee of the Senate, the chairman and
20minority chairman of the Appropriations Committee of the House
21of Representatives, the chairman and minority chairman of the
22Education Committee of the Senate and the chairman and minority
23chairman of the Education Committee of the House of
24Representatives by March 30 of each year, beginning March 30,
252016.

26Section 6. Effective date.

27This act shall take effect immediately.

<-28Section 1. Short title.

29This act shall be known and may be cited as the Public School
30Web Accountability and Transparency (SchoolWATCH) Act.

1Section 2. Definitions.

2The following words and phrases when used in this act shall
3have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Administrative staff." Employees of a public school entity
6that include, but are not limited to, superintendents, assistant
7superintendents, deputy superintendents, principals, assistant
8principals, supervisors, managers, directors and coordinators.

9"Area vocational-technical school." As defined in section
101841 of the act of March 10, 1949 (P.L.30, No.14), known as the 
11Public School Code of 1949.

12"Charter school." As defined in section 1703-A of the act of 
13March 10, 1949 (P.L.30, No.14), known as the Public School Code 
14of 1949.

15"Cyber charter school." As defined in section 1703-A of the 
16act of March 10, 1949 (P.L.30, No.14), known as the Public 
17School Code of 1949.

18"Department." The Department of Education of the
19Commonwealth.

20"Entity." Any of the following:

21(1) A corporation, association, limited liability
22company or limited liability partnership.

23(2) An individual who is not an employee of the public
24school entity.

25(3) Any other legal business entity, including a
26nonprofit, a grantee, a contractor and a sole proprietor.

27(4) Any political subdivision or other local government
28entity.

29"Funding action or expenditure." A payment by a public
30school entity to include:

1(1) A grant.

2(2) A loan.

3(3) Reimbursement.

4(4) Payment made pursuant to the purchase of goods and
5services, excluding employee salaries, or to a construction
6or other contract.

7(5) Payment of debt service.

8(6) Payments made pursuant to a formula.

9(7) Payments to political subdivisions or other local
10government entities.

11"Funding source." A public school entity's general fund or
12special funds.

13"Public School Code of 1949." The act of March 10, 1949
14(P.L.30, No.14), known as the Public School Code of 1949.

15"Public school entity." Any of the following:

16(1) An area vocational-technical school, as defined in
17section 1841 of the Public School Code of 1949.

18(2) A school district, as defined in section 102 of the
19Public School Code of 1949.

20(3) A charter school, cyber charter school or regional
21charter school, as defined in section 1703-A of the Public
22School Code of 1949.

23"Regional charter school." As defined in section 1703-A of
24the Public School Code of 1949.

25"School district." As defined in section 102 of the Public
26School Code of 1949.

27"SchoolWATCH." The single, searchable, public Internet
28website to be established by the Department of Education under
29this act.

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

1Section 3. Annual financial reports to be posted.

2Within 90 days of the effective date of this act, and by
3December 31 of each year thereafter, the department shall post
4on its publicly accessible Internet website, as the first phase
5of a single, searchable, public Internet website to be called
6SchoolWATCH, the most recent annual financial reports for each
7public school entity submitted to the secretary pursuant to
8section 218(a) of the Public School Code of 1949. The department
9shall post SchoolWATCH in a location and in a manner that is
10easily accessible to the public and shall include on SchoolWATCH
11all explanatory references that may be necessary to assist
12website users in understanding the content of public school
13entities' annual financial reports.

14Section 4. Annual budgets to be posted.

15(a) Filing.--Within 11 months of the effective date of this
16act, and by September 1 of each year thereafter, each public
17school entity shall file with the department an electronic copy
18of its most recent final adopted budget.

19(b) Posting.--Within one year of the effective date of this
20act, and by October 1 of each year thereafter, the department
21shall post on SchoolWATCH, as the second phase of SchoolWATCH,
22the final adopted budgets for each public school entity filed
23with the department pursuant to subsection (a) and shall include
24on SchoolWATCH all explanatory references that may be necessary
25to assist website users in understanding the content of public
26school entities' final adopted budgets.

27Section 5. Searchable database.

28(a) Development.--

29(1) Within 45 days of the effective date of this act,
30the department shall convene an advisory committee to develop

1a plan for the department's establishment of the third phase
2of SchoolWATCH, which shall consist of a searchable database
3detailing certain information concerning receipts and
4expenditures by public school entities.

5(2) The advisory committee required pursuant to
6paragraph (1) shall consist of the following members, to be 
7appointed by the secretary in consultation with education 
8associations representing school districts, charter school 
9entities and area vocational-technical schools:

10(i) Five school district business managers.

11(ii) Three charter school entity business managers.

12(iii) Three area vocational-technical school
13business managers.

14(iv) The chairman and minority chairman of the
15Education Committee of the Senate.

16(v) The chairman and minority chairman of the
17Education Committee of the House of Representatives.

18(3) The following shall apply to the advisory committee
19required pursuant to paragraph (1):

20(i) The advisory committee shall:

21(A) Develop a plan for the department's
22establishment of a searchable, public Internet
23database, which shall impose no additional cost on
24public school entities, that the department shall
25establish, place online and fully implement as the
26third phase of SchoolWATCH within two years of the
27effective date of this act, provided that the
28department may extend the implementation date for the
29third phase of SchoolWATCH by one year by publishing
30notice of the extension in the Pennsylvania Bulletin

1within two years of the effective date of this act.

2(B) Determine the manner and frequency of
3reporting to the department by public school
4entities, which shall be no less frequent than
5quarterly.

6(C) Within nine months of the effective date of
7this act, issue a report to the Governor and the
8General Assembly setting forth a plan for the
9department's development of the Internet database
10that the department is required to establish pursuant
11to subclause (A).

12(ii) The advisory committee may consider including
13the following information on the Internet database:

14(A) The expected and achieved performance
15outcomes from each funding action or expenditure.

16(B) Individual salary information for employees
17who are not administrative staff.

18(iii) In developing a plan for the department's
19establishment of the Internet database, the advisory
20committee shall consider the following:

21(A) How the Internet database established under
22this act can be coordinated with existing databases
23and electronic reporting systems.

24(B) Whether any current public school entity
25reporting requirements that may be duplicated by the
26reporting requirements of this act may be eliminated.

27(C) Development of an efficient and transparent
28method for the department and public school entities
29to comply with the reporting requirements of this
30act.

1(iv) The department shall provide the advisory
2committee with administrative and technical support,
3including the assistance of department information
4technology and budget staff, meeting space and any other
5assistance required by the advisory committee to carry
6out its duties under this act.

7(b) Internet database contents.--

8(1) The Internet database the department is required to
9establish pursuant to subsection (a) shall, at a minimum,
10provide the following information for each public school
11entity, unless the provision of such information conflicts
12with other Federal or State law:

13(i) The name and business address of the public
14school entity.

15(ii) The total amount of funding received by the
16public school entity from, and broken down by, each of
17the following sources and deposited in the public school
18entity's general fund or special fund during the previous
19reporting period:

20(A) Federal.

21(B) State.

22(C) Local.

23(D) Private.

24(iii) The name of the entity receiving a payment
25from the public school entity pursuant to a funding
26action or expenditure.

27(iv) A general description and the amount of each
28funding action or expenditure.

29(v) The funding source for each funding action or
30expenditure.

1(vi) A counter to show the number of times the
2Internet website is accessed.

3(vii) A link to each public school entity's Internet
4website, where available.

5(viii) The total number of individuals employed by
6each public school entity as of the last day of the
7previous reporting period who are not administrative
8staff and the aggregate compensation, as defined in
9section 303(a)(1)(i) of the act of March 4, 1971 (P.L.6,
10No.2), known as the Tax Reform Code of 1971, paid by the
11public school entity to such individuals.

12(ix) For each individual employed by a public school
13entity as administrative staff, the following:

14(A) Name.

15(B) Position or title.

16(C) Current annual salary, based on the
17employee's pay schedule and current salary.

18(D) Any additional compensation received by the
19individual and the basis for such compensation,
20including, but not limited to, duties as a coach or
21activity advisor.

22(E) Compensation, as defined in section 303(a)
23(1)(i) of the Tax Reform Code of 1971, paid by the
24public school entity.

25(2) Notwithstanding any other provision of this act,
26records determined by the department to be not subject to
27disclosure under the act of February 14, 2008 (P.L.6, No.3),
28known as the Right-to-Know Law, shall not be included on the
29Internet database.

30(3) The Internet database shall allow the public to

1search for and aggregate information at no cost to the
2public.

3(4) Information posted on SchoolWATCH, including annual
4financial reports, final adopted budgets and information
5included in the database, shall remain on SchoolWATCH for a
6period of no less than eight years from the date of posting.

7Section 6. Administration.

8(a) Public school entity requirements.--

9(1) Upon the implementation of the SchoolWATCH Internet
10website required to be developed pursuant to this act, each
11public school entity shall:

12(i) Provide the department with all information
13regarding Federal, State, local and private funding
14received and all funding actions or expenditures as
15required under this act and at such times, which shall be
16at least quarterly, as directed by the department in
17consultation with the advisory committee.

18(ii) Provide the department with complement and
19employment compensation information as required under
20this act and at such times, which shall be at least
21quarterly, as directed by the department in consultation
22with the advisory committee.

23(2) Notwithstanding paragraph (1), a public school
24entity shall not be required to provide the department with
25information required to be posted on SchoolWATCH where the
26department is able to obtain such information from other
27sources, including from other reports by public school
28entities.

29(b) Accuracy.--Each public school entity is responsible for
30verifying the accuracy and completeness of information submitted

1to the department.

2(c) Format.--Each public school entity shall compile,
3maintain and report the information required to be posted under
4sections 4 and 5(b) in a manner and on a reporting schedule
5prescribed by the department, in consultation with the advisory
6committee.

7(d) Penalty.--The following shall apply:

8(1) When a school district fails to comply with the
9provisions of this act, the secretary shall withhold State
10appropriations due the school district pursuant to section
112552 of the Public School Code of 1949 until the secretary
12determines that the school district is in compliance with the
13provisions of this act. When the secretary determines that
14the school district is in compliance with the provisions of
15this act, the secretary shall make payment to the school
16district of the funds withheld pursuant to this paragraph.

17(2) When a charter school entity fails to comply with
18the provisions of this act, the secretary shall direct the
19school district of residence of each student enrolled in the
20charter school entity to transfer any payments required under
21section 1725-A(a) of the Public School Code of 1949 to the
22department to be held in escrow until the secretary
23determines that the charter school entity is in compliance
24with the provisions of this act. Where, pursuant to section 
251725-A(a)(5) of the Public School Code of 1949, the secretary 
26deducts payments required under section 1725-A(a) of the 
27Public School Code of 1949 from State payments made to the 
28school district, the department shall hold such deducted 
29amounts in escrow until the secretary determines that the 
30charter school entity is in compliance with the provisions of
 

1this act. When the secretary determines that the charter
2school entity is in compliance with the provisions of this
3act, the secretary shall order the department to make payment
4of the funds held in escrow to the charter school entity.

5(3) When an area vocational-technical school fails to
6comply with the provisions of this act, the secretary shall
7direct the school districts participating in the vocational-
8technical school pursuant to section 1850.1 of the Public
9School Code of 1949 to transfer any payments required under
10Article XVIII of the Public School Code of 1949 to the
11department to be held in escrow until the secretary
12determines that the area vocational-technical school is in
13compliance with the provisions of this act. When the
14secretary determines that the area vocational-technical
15school is in compliance with the provisions of this act, the
16secretary shall order the department to make payment of the
17funds held in escrow to the area vocational-technical school.

18Section 7. Report to Governor and General Assembly.

19The department shall prepare an annual report containing
20statistical information on the usage and performance of the
21Internet website. The report shall describe frequency of user
22access of the Internet website, types of data being accessed and
23Internet website performance. The report shall be submitted to
24the Governor, the chairman and minority chairman of the
25Appropriations Committee of the Senate, the chairman and
26minority chairman of the Appropriations Committee of the House
27of Representatives, the chairman and minority chairman of the
28Education Committee of the Senate and the chairman and minority
29chairman of the Education Committee of the House of
30Representatives within two years of the date on which the

1Internet website has been implemented, and by March 30 of each
2year thereafter.

3Section 8. Effective date.

4This act shall take effect immediately.