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PRINTER'S NO. 113
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
128
Session of
2015
INTRODUCED BY TALLMAN, DIAMOND, SACCONE, KAUFFMAN, JAMES, GROVE,
EVERETT, SAYLOR, TOOHIL AND DUSH, JANUARY 21, 2015
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 21, 2015
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in State Board of Education, further
providing for membership and for powers and duties of board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2602-B and 2603-B(a) and (b) of the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, added March 30, 1988 (P.L.321, No.43), are amended
to read:
Section 2602-B. Membership.--(a) (1) The board shall
consist of twenty-one (21) members, ten (10) of whom shall also
serve as members of the Council of Basic Education, and ten (10)
of whom shall also serve as members of the Council of Higher
Education. The member [designated by the Governor] elected as
chairman of the board shall also service as a member of the
Council of Basic Education and of the Council of Higher
Education.
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(2) Except the legislative members and legislative
appointments, each member shall be appointed by the Governor[,]
by and with the advice and consent of a majority of all the
members of the Senate[, and shall, except].
(3) Except as hereinafter provided, each member shall hold
office for terms of six (6) years each or until his successor
has been appointed and has qualified. An appointment to fill a
vacancy shall be for the unexpired term or until his successor
has been appointed and has qualified.
(4) The President pro tempore of the Senate shall appoint
three (3) members with full voting privileges to the board as
follows:
(i) one (1) appointee shall be a member of the Senate who
shall serve as an ex officio member of the board;
(ii) one (1) appointee shall be a current or former member
of a board of school directors in this Commonwealth; and
(iii) one (1) appointee shall be a current or former public
school teacher or administrator in this Commonwealth.
(5) The Speaker of the House of Representatives shall
appoint three (3) members with full voting privileges to the
board as follows:
(i) one (1) appointee shall be a member of the House of
Representatives who shall serve as an ex officio member of the
board;
(ii) one (1) appointee shall be a current or former member
of a board of school directors in this Commonwealth; and
(iii) one (1) appointee shall be a current or former public
school teacher or administrator in this Commonwealth.
(6) The chairmen and minority chairmen of the House of
Representatives and Senate Education Committees, or their
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respective designees from such committees, shall serve as ex
officio members of the board with full voting privileges and
shall serve as members for as long as they hold their respective
positions.
(7) The Chairman of the Professional Standards and Practices
Commission, or a commission member designated by the chairman,
created by the act of December 12, 1973 (P.L.397, No.141),
referred to as the Teacher Certification Law, shall be an ex
officio member of the board without voting privileges or
assignment to either council.
(8) Members shall receive no salary but shall be entitled to
travel expenses and other necessary expenses incurred in the
performance of their duties as members of the board.
(b) Eleven (11) members shall constitute a quorum provided
that at least five (5) members serving on each of the councils
are present. The affirmative vote of a majority of all the
members of the board duly recorded showing how each member voted
shall be required in order to take action adopting statements of
policy, standards, rules and regulations. The board shall meet
at least six (6) times a year at such times and places as it
shall determine. Special meetings may be called by the chairman
or at the request of a majority of the members of the board.
(c) An appointed member who fails to attend three (3)
consecutive board meetings shall forfeit his or her membership
on the board, unless the board chairman, upon written request
from the member, determines that the member should be excused
from a meeting or meetings for reasons of illness or the death
of an immediate family member.
(d) (1) The [Governor shall designate, to serve at his
pleasure, a member as] members of the board shall, with the
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recommendation of the Governor, elect by majority vote a member
of the board to act as chairman of the board.
(2) The chairman of the board, or a member of the board
designated by the chairman, shall be an ex officio member of the
Professional Standards and Practices Commission, without voting
privileges.
(e) (1) For the purpose of formulating policy proposals
applicable to elementary, secondary, vocational-technical
education and higher education in this Commonwealth, there shall
be two councils, which shall consist of ten (10) members of the
board each, the chairman being a member of both councils, and
shall be known as the Council of Basic Education and the Council
of Higher Education. [The Governor shall designate to serve at
his pleasure a member serving on each council to act as chairman
of the council.]
(2) The members of each council shall, with the
recommendation of the Governor, elect by majority vote a member
of the council to act as chairman of the council. Each council
shall meet at the call of its chairman or at the request of a
majority of the members of the council.
(3) The chairman of the board may appoint special joint
committees from among the members of the board to formulate
policy proposals in those areas which fall within the purview of
both of the councils.
(f) Except for the chairman, not more than two (2) members
serving on each council shall be employed [either in a school
system or] in the Department of Education. [For purposes of this
subsection, the State System of Higher Education shall not be
considered a school system.] Three (3) members of the Council of
Higher Education shall be actively employed by an institution of
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higher education, at least one holding an administrative
position and at least one holding a professional position on a
faculty of an institution of higher education. At least two (2)
members serving on each council shall have had previous
experience with vocational-technical education or training.
(g) The Secretary of Education, or his designated
representative, shall be the chief executive officer of the
board, shall be entitled to attend all meetings of the board and
councils, and shall have the right to speak on all matters
before the board and the councils but not to vote.
Section 2603-B. Powers and Duties of the Board.--(a) (1)
The board shall have the power, and its duty shall be, to review
the statements of policy, standards, rules and regulations
formulated by the Council of Basic Education and the Council of
Higher Education, and adopt broad policies and principles, and
establish standards governing the educational program of the
Commonwealth.
(2) When adopting and establishing policies, principles,
standards, rules and regulations, the board shall consider the
economic impact and cost of implementing the policies,
principles, standards, rules and regulations.
(b) (1) The board and the Secretary of Education shall
jointly employ and fix the compensation of such staff as it
deems necessary to perform the duties of the board: Provided,
however, That the chairman of the board shall have sole
discretion to select an executive director for the board who
shall serve at the pleasure of the chairman.
(2) The board shall be entitled to legal counsel which shall
be designated by the Office of General Counsel, which legal
counsel shall not also be legal counsel to the Department of
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Education.
* * *
Section 2. This act shall take effect in 60 days.
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