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 for transportation.

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)  The department
13may, upon application by a governing body of a school entity,
14waive any provision of this act related to transportation, the
15regulations of the State Board of Education related to
16transportation or the standards of the secretary related to
17transportation if the waiver will enable the school entity to
18operate in a more effective, efficient or economical manner.

19(b)  In order to be eligible for a waiver under subsection
20(a), the school entity must submit an application adopted by the

1governing body of the school entity at a regularly scheduled
2meeting of the governing body.

3(c)  The application shall be submitted in a form and manner
4prescribed by the department and shall:

5(1)  Specify the need for the transportation waiver.

6(2)  Provide supporting data and information to show the
7benefits to be obtained by the waiver.

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

12(e)  Upon disapproval of an application, the department shall
13provide a written determination setting forth the reason for the
14disapproval. The governing body may submit a revised application
15for a waiver.

16(f)  Three (3) years following the implementation of the
17waiver, the governing body shall submit an evaluation of the
18effectiveness of the program or operational change. If the
19evaluation indicates improvement in school operations, the
20waiver shall be renewed by the department and shall remain in
21effect unless rescinded by the governing body.

22(g)  The governing body may not waive any Federal or State
23law applicable to a school entity that is not included in this
24act or 22 Pa. Code (relating to education).

25(h)  Nothing in this section shall be construed to:

26(1)  Supersede or preempt any provisions of a collective
27bargaining agreement in effect on the effective date of this
28section.

29(2)  Permit the department to relieve any school district
30from the obligation to transport nonpublic school students as

1required under section 1361.

2(i)  For the purposes of this section, the following words
3and phrases shall have the following meanings:

4"Department."  The Department of Education of the
5Commonwealth.

6"Governing body."  The board of school directors of a school
7district or the governing board of an area vocational-technical
8school, an intermediate unit, a charter school or a cyber
9charter school.

10"School entity."  A school district, an area vocational-
11technical school, an intermediate unit, a charter school or a
12cyber charter school.

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

14Section 2.  This act shall take effect in 60 days.