PRIOR PRINTER'S NOS. 893, 1026
PRINTER'S NO. 1124
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
6
Session of
2015
INTRODUCED BY SMUCKER, SCARNATI, AUMENT, WHITE, FOLMER, CORMAN,
WARD, McGARRIGLE AND MENSCH, MAY 12, 2015
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 26,
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," providing for the establishment of
the Achievement School District and for its powers and
duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE VI-B
ACHIEVEMENT SCHOOL DISTRICT
Section 601-B. Scope.
This article relates to establishment of the Achievement
School District.
Section 602-B. Legislative intent.
It is the intent of the General Assembly in enacting this
article to:
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(1) Further meet its obligation to provide for a
thorough and efficient system of public education.
(2) Provide for the transformation of chronically
underperforming schools in order to ensure the delivery of
effective education to all students.
Section 603-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Achievement School District." The Achievement School
District established in section 604-B.
"ASD." The Achievement School District.
"ASD board." The Board of Directors of the ASD.
"ASD school." An eligible school that is transferred to the
ASD in accordance with this article.
"Board of directors." A board of directors of a school
district.
"Department." The Department of Eduction of the
Commonwealth.
"Education management service provider." A for-profit or
nonprofit management organization, nonprofit charter management
organization, school design provider, business manager or any
other partner entity with which a school district contracts to
provide educational design, business services, comprehensive
management or personnel functions. The term does not include a
charter school foundation.
"Elementary school." Any school that is not a secondary
school.
"Eligible school." One school or one building within a
school district, a charter school or a cyber charter school
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determined to be an eligible school under section 608-B.
"Executive director." The executive director of the ASD.
"Intervention school." An intervention school designated
under section 607-B.
"Secondary school." Any school with an eleventh grade.
"Secretary." The Secretary of Education of the Commonwealth.
Section 604-B. Achievement School District.
The Achievement School District is established. The ASD shall
function as a Statewide school district.
Section 605-B. ASD board.
(a) Appointment.--Within 60 days of the effective date of
this article, a board of directors of the ASD shall be appointed
as follows:
(1) The Governor shall appoint one member of the ASD
board.
(2) The President pro tempore of the Senate and the
Speaker of the House of Representatives shall each appoint
two members.
(3) The Minority Leader of the Senate and the Minority
Leader of the House of Representatives shall each appoint one
member.
(b) Term.--An ASD board member's term of office shall be
coterminous with the term of the appointing authority of the
member, except that a member shall continue to hold office until
a successor has been appointed and qualified. An ASD board
member may serve successive terms.
(c) Chairman.--The ASD board shall elect a chairman from its
membership.
(d) Meetings.--The ASD board shall meet twice a year.
(e) Removal from office.--No ASD board member shall be
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removed from office during the member's term of office except in
accordance with the Constitution of Pennsylvania and as
authorized in this subsection. The Governor may, upon proof by
clear and convincing evidence of malfeasance or misfeasance in
office, remove an ASD board member prior to the expiration of
the term. Before an ASD board member is removed, the member
shall be provided with a written statement of the reasons for
removal and an opportunity for a hearing in accordance with 2
Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action).
(f) Expiration of term of Governor's appointee.--Upon
expiration of the term of an ASD board member appointed by the
Governor, or the occurrence of a vacancy in the office of an ASD
board member appointed by the Governor, the Governor shall
appoint a successor member. An appointment to fill a vacancy
shall be for the balance of the unexpired term.
(g) Expiration of term of legislative appointee.--Upon
expiration of the term of an ASD board member who is a
legislative appointee, or the occurrence of a vacancy in the
office of an ASD board member who is a legislative appointee,
the appropriate legislative appointing authority shall appoint a
successor member. An appointment to fill a vacancy shall be for
the balance of the unexpired term.
(h) Prohibition.--No ASD board member may, while in the
service of the ASD, seek or hold a position as any other public
official within this Commonwealth or as an officer of a
political party.
(i) Compensation.--Members of the ASD board shall be
reimbursed for reasonable and necessary expenses incurred in the
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performance of their official duties from the funds of the ASD.
(j) Executive director and other employees.--The ASD board
shall:
(1) Appoint an executive director and may suspend or
dismiss the executive director or any person acting in an
equivalent capacity.
(2) Bargain with employees of the ASD pursuant to
section 613-B(d).
(k) Executive director.--The executive director shall have
all remaining powers of the ASD, including the following:
(1) The authority to decide on the transfer of eligible
schools to the jurisdiction of the ASD.
(2) The power to authorize charter schools in accordance
with section 606-B(b).
(l) Budget.--The ASD board shall adopt an annual balanced
budget.
Section 606-B. Powers and duties of Achievement School
District.
(a) General rule.--Except as otherwise specifically provided
in this article, the ASD shall have the powers and duties of a
school district under this act.
(b) Charter schools.--The authority of the ASD to authorize
the grant of a charter to an applicant for a charter school and
the authority to convert a charter school shall be limited as
set forth in this section.
(c) Criteria for conversion.--Notwithstanding the provisions
of Article XVII-A, the ASD may convert a school under its
jurisdiction to a charter school.
(d) Required action.--The ASD shall take one or more of the
following actions in eligible schools within its jurisdiction:
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(1) Replace the principal and at least 50% of the
professional staff.
(2) Contract with an education management service
provider to operate the school AND GUARANTEE A DMISSION TO
STUDENTS WHO WERE ENROLLED IN THE SCHOOL IN THE 2016-2017
SCHOOL YEAR .
(3) Convert the school AND GUAR ANTEE ADMISSION TO
STUDENTS WHO WERE ENROLLED IN THE SCHOOL IN THE 2016-2017
SCHOOL YEAR to a charter school.
(4) Close the school and facilitate the transfer of
students to higher performing schools.
(5) Authorize a new charter school and, notwithstanding
the provisions of Article XVII-A, pr ovide GUARANTEE admission
prefe rence to ANY students who reside in the area being
served by the eligible school. The ASD shall adopt criteria
for the authorization of charter schools that is consistent
with the criteria set forth by the National Association of
Charter School Authorizers.
(e) Limitations.--For the school year 2016-2017, the ASD
shall take one or more of the actions under subsection (d) in up
to five eligible schools. For the school year 2017-2018, and
each school year thereafter, the ASD shall take one or more of
the actions under subsection (d) in at least five, but no more
than 15, eligible schools. Notwithstanding subsection (d), the
number of schools under the jurisdiction of the ASD may not
exceed 75 at any one time.
(f) Charter schools.--Notwithstanding any provision of law
to the contrary, in accordance with section 1720-A, the ASD may
revoke or opt not to renew a charter school within its
jurisdiction. The nonrenewal or revocation may not be appealed
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to the State Charter School Appeal Board. Any appeal of the
nonrenewal or revocation shall be to Commonwealth Court. For
appeal purposes only, the ASD shall be deemed a Commonwealth
agency.
(g) Authority to operate.--The ASD may directly operate a
school transferred to the ASD or contract with individuals or
education management service providers to manage the day-to-day
operations of a school transferred to the ASD, including, but
not limited to, providing direct services to students.
(h) Intermediate unit services.--The ASD may require an
intermediate unit to provide school support or student support
services for a school transferred from the intermediate unit's
jurisdiction, including, but not limited to, student
transportation, school food service, alternative schools and
special education services, in compliance with laws and
regulations governing such services. The ASD shall reimburse
actual costs incurred by the intermediate unit in providing the
services.
(i) Procurement.--Notwithstanding any law to the contrary,
the ASD has the same authority and autonomy afforded to a school
district under State law regarding the procurement of property,
goods and services, including, but not limited to, personal,
professional, consulting and social services.
(j) Waiver.--The ASD, or any entity the ASD contracts with
to operate or manage a school under the jurisdiction of the ASD,
may apply to the secretary for a waiver of any regulation or
statutory provision that inhibits the ability of the school to
increase student achievement. Notwithstanding this subsection,
the secretary may not waive rules related to the following:
(1) Federal and State civil rights.
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(2) Federal, State and local health and safety.
(3) Federal and State public records.
(5) Possession of weapons on school grounds.
(6) Background checks and fingerprints of personnel.
(7) Federal and State special education requirements.
(8) Student due process.
(9) Parental rights.
(10) Federal and State student assessment and
accountability.
(11) Open meetings.
(k) Funding.--The ASD may seek, manage and expend Federal
money and grants and other funding with the same authority as a
school district.
(l) Taxing power.--The ASD has no authority to levy any tax.
Section 607-B. Intervention schools.
(a) Intervention school.--By December 29, 2015, and by
October 30 of each year thereafter, the department shall publish
a list of intervention schools. An elementary school or
secondary school whose academic performance is ranked in the
lowest 5% of its classification as an elementary school or
secondary school not under the jurisdiction of the ASD, as
measured by the Pennsylvania School Performance Profile, is
designated as an intervention school.
(b) Cyber charter school.--The charter for a cyber charter
school that is an intervention school is subject to nonrenewal
or revocation. The nonrenewal or revocation may not be appealed
to the State Charter School Appeal Board. Any appeal of the
nonrenewal or revocation shall be to Commonwealth Court.
(c) Powers of school board and School Reform Commission.--In
addition to the powers granted by law to school districts, and
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notwithstanding any other law to the contrary, a board of
directors and the School Reform Commission under section 696
shall have the following powers as to intervention schools
within their respective school districts:
(1) To enter into agreements with persons or education
management service providers to operate an intervention
school. A school operated under this paragraph shall be
funded in accordance with the terms of the agreement.
(2) To employ professional and senior management
employees who do not hold State certification if the board of
directors has approved the qualifications of the person at a
salary established by the board of directors.
(3) To enter into agreements with persons or education
management service providers providing educational or other
services to an intervention school. Services provided under
this paragraph shall be funded in accordance with the terms
of the agreement.
(4) Notwithstanding any other provision of this article,
to close or reconstitute an intervention school, including
the reassignment, suspension or dismissal of professional
employees.
(5) To suspend professional employees without regard to
the provisions of seniority.
(6) To appoint managers, administrators or education
management service providers to oversee the operations of an
intervention school.
(7) To delegate to a person, including an employee of
the school district or an education management service
provider, powers it deems necessary to carry out the purposes
of this article, subject to the supervision and direction of
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the board of directors.
(8) To transfer a school within the school district
meeting the standard of subsection (a) to the ASD.
(9) To transfer a charter school authorized by the
school district to the ASD if the charter school meets the
standards of subsection (a).
Section 607.1-B. Community advisory committees.
(a) Establishment.--Within 30 days after a school is
designated as an intervention school pursuant to section 607-B,
the board of directors or the School Reform Commission shall
establish a community advisory committee.
(b) Composition.--A community advisory committee shall
consist of the following members appointed by the executive
director:
(1) Three parents of students attending the intervention
school.
(2) Three residents of the area being served by the
intervention school.
(c) Function.--The sole function of a community advisory
committee shall be to provide recommendations and feedback to
the board of directors or the School Reform Commission on the
development of the intervention school and the implementation of
actions taken by the board of directors or the School Reform
Commission.
(d) Compensation prohibited.--Members of a community
advisory committee shall receive no compensation for their
services.
(e) Meetings.--A community advisory committee shall meet at
least monthly to discuss the development of the intervention
school and the implementation of actions taken by the board of
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directors or the School Reform Commission. Meetings of a
community advisory committee shall be in accordance with 65
Pa.C.S. Ch. 7 (relating to open meetings).
(f) Termination.--A community advisory committee shall
terminate when the school designated as an intervention school
is no longer ranked in the lowest 5% of its classification as an
elementary school or secondary school.
Section 608-B. Eligible schools.
(a) Publication.--By December 29, 2015, and by October 31 of
each year thereafter, the department shall publish a list of
eligible schools pursuant to subsection (b)(1).
(b) Standards.--Except as set forth in subsection (c), a
school not under the jurisdiction of the ASD meeting any one of
the following standards is an eligible school for transfer to
the ASD:
(1) An elementary or secondary school whose academic
performance as measured by the Pennsylvania School
Performance Profile for two consecutive years beginning in
school year 2013-2014 is ranked in the lowest 1% of its
classification as an elementary school or a secondary school.
(2) A school which would qualify as an intervention
school for three consecutive years beginning in school year
2013-2014.
(3) An intervention school for which more than 50% of
the parents or guardians of students attending the school
have signed a petition in support of the school being
transferred to the ASD.
(c) Limitations.--No school shall be eligible for transfer
to the ASD if:
(1) The school is located in a school district governed
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by an appointed receiver.
(2) The school has been converted to a charter school
within the past three years.
(3) The school initially opened within the past three
years.
(4) The school exclusively serves a historically
underserved population, including, but not limited to,
returning truants, homeless students, students with
disabilities or adjudicated minors.
(5) The school has a college matriculation rate that
meets or exceeds the local school district average.
(6) The school is a charter school whose academic
performance as measured by the Pennsylvania School
Performance Profile exceeds the average Pennsylvania School
Performance Profile for schools in the authorizing school
district.
Section 609-B. Transfer to ASD.
(a) General rule.--The executive director may transfer an
eligible school to the jurisdiction of the ASD after providing
notice to the transferring district or transferring charter
school.
(b) Objection by school district.--The school district of
the eligible school subject to transfer may object to a transfer
based on the criteria set forth in section 608-B. An objection
and reasons for the objection must be filed with the ASD within
30 days of the notice in subsection (a).
(c) Objection by charter school.--If the eligible school
subject to transfer is a charter school, the charter school may
object to the transfer based on the criteria set forth in
section 608-B. An objection and reasons for the objection must
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be filed with the ASD within 30 days of the notice in subsection
(a).
(d) Public hearing.--Within 30 days of receipt of an
objection by a school district or charter school, the ASD shall
hold a public hearing on the objection and shall receive public
testimony during the hearing.
(e) Decision by ASD.--Within 60 days of the public hearing,
the ASD shall make a final decision in accordance with the
criteria set forth in section 608-B.
(f) Appeal.--An objecting party under this section shall
have a right of appeal to Commonwealth Court.
(g) Decision final.--If no objection under this section is
filed within the required period, the decision to transfer under
this section shall be final.
Section 609.1-B. Community advisory committees.
(a) Establishment.--Within 30 days after a school is
transferred to the ASD pursuant to section 609-B, the executive
director shall establish a community advisory committee.
(b) Composition.--A community advisory committee shall
consist of the following members appointed by the executive
director:
(1) Three parents of students attending the ASD school.
(2) Three residents of the area being served by the ASD
school.
(c) Function.--The sole function of a community advisory
committee shall be to provide recommendations and feedback to
the executive director, or a representative of the executive
director, on the development of the ASD school and the
implementation of actions taken by the ASD.
(d) Compensation prohibited.--Members of a community
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advisory committee shall receive no compensation for their
services.
(e) Meetings.--A community advisory committee shall meet at
least monthly to discuss the development of the ASD school and
the implementation of actions taken by the ASD. Meetings of a
community advisory committee shall be in accordance with 65
Pa.C.S. Ch. 7 (relating to open meetings).
(f) Termination.--A community advisory committee shall
terminate when the ASD school is returned to the jurisdiction of
the school district pursuant to section 610-B.
Section 610-B. Transfer from ASD.
(a) Length of transfer.--An ASD school shall remain under
the jurisdiction of the ASD for a minimum of five years.
(b) Return to jurisdiction of school district.--After the
minimum time set forth in subsection (a), the ASD may transfer
an ASD school to the jurisdiction of its school district of
origin if, for two consecutive years, the ASD school does not
meet the criteria necessary to be deemed an intervention school.
(c) Restrictions.--The ASD may not transfer an ASD school to
the jurisdiction of its school district of origin if the school
district has been declared in distress in accordance with
Article VI or VI-A, or if 51% of the parents or guardians of the
students enrolled in the ASD school sign a petition requesting
that the school remain under the jurisdiction of the ASD.
(d) Charter schools.--Upon approval of the executive
director, a charter school under the jurisdiction of the ASD may
retain the ASD as its authorizer under Article XVII-A.
SECTION 610.1-B. EVALUATION.
FOR THE SCHOOL YEAR 2021-2022, AN ELIGIBLE SCHOOL MAY NOT BE
TRANSFERRED TO THE JURISDICTION OF THE ASD UNLESS THE ASD:
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(1) DEMONSTRATES, IN A REPORT AND BASED ON CRITERIA
ESTABLISHED BY THE EXECUTIVE DIRECTOR, THAT ELIGIBLE SCHOOLS
WITHIN THE JURISDICTION OF THE ASD FOR AT LEAST FIVE YEARS
HAVE OUTPERFORMED ELIGIBLE SCHOOLS NOT TRANSFERRED TO THE ASD
IN THE 2016-2017 SCHOOL YEAR; AND
(2) SUBMITS THE REPORT TO THE CHAIRMAN AND MINORITY
CHAIRMAN OF THE EDUCATION COMMITTEE OF THE SENATE, THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF
THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF EDUCATION.
Section 611-B. Payments and funding.
(a) Tuition.--Tuition may not be charged for a resident or
nonresident student attending an ASD school.
(b) Funding.--Funding for the ASD shall be provided as
follows:
(1) For nonspecial education students, the ASD shall
receive for each student enrolled no less than the budgeted
total expenditure per average daily membership of the prior
school year, as defined in section 2501(20), minus the
budgeted expenditures of the district of residence for
nonpublic school programs; adult education programs;
community/junior college programs; student transportation
services; special education programs; facilities acquisition,
construction and improvement services; and other financing
uses, including debt service and fund transfers as provided
in the Manual of Accounting and Related Financial Procedures
for Pennsylvania School Systems established by the
department. This amount shall be paid by the district of
residence of each student.
(2) For special education students, the ASD shall
receive for each student enrolled the same funding as for
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each nonspecial education student as provided in paragraph
(1), plus an additional amount determined by dividing the
district of residence's total special education expenditure
by the product of multiplying the combined percentage of
section 2509.5(k) times the district of residence's total
average daily membership for the prior school year. This
amount shall be paid by the district of residence of each
student.
(3) The ASD may request the intermediate unit in which
the ASD school is located to provide services to assist the
ASD to address the specific needs of exceptional students.
The intermediate unit shall assist the ASD and bill the ASD
for the services. The intermediate unit may not charge the
ASD more for any service than it charges the constituent
districts of the intermediate unit.
(4) Payments shall be made to the ASD in 12 equal
monthly payments, by the fifth day of each month, within the
operating school year. A student enrolled in an ASD school
shall be included in the average daily membership of the
student's district of residence for the purpose of providing
basic education funding payments and special education
funding under Article XXV. If a school district fails to make
a payment to the ASD as prescribed in this paragraph, the
secretary shall deduct the estimated amount, as documented by
the ASD, from any and all State payments made to the district
after receipt of documentation from the ASD.
(5) Within 30 days after the secretary makes the
deduction described in paragraph (4), a school district may
notify the secretary that the deduction made from State
payments to the district under this subsection is inaccurate.
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The secretary shall provide the school district with an
opportunity to be heard concerning:
(i) whether the ASD documented that its students
were enrolled in the ASD;
(ii) the period of time during which each student
was enrolled;
(iii) the school district of residence of each
student; and
(iv) whether the amounts deducted from the school
district were accurate.
(c) Donations.--The ASD may accept donations of money,
property or securities from any source for the benefit of the
ASD and ASD schools. A donation shall, in good faith, be
disbursed in accordance with the conditions of the donation.
(d) Appropriations.--The General Assembly shall appropriate
funds as it deems necessary to pay the costs for the
implementation and ongoing operation of the ASD.
(e) Administrative fee.--Each ASD school shall be assessed
an annual administrative fee of no more than 3% of its basic
education funding allocation. Fees collected shall be used for
administrative costs incurred by the ASD.
Section 612-B. Facilities.
Subject to a lease or license at no more than fair market
rates, the ASD shall have the right to use any school building
and all facilities and property otherwise part of the ASD school
and recognized as part of the facilities or assets of the school
prior to its transfer to the ASD and shall have access to
additional facilities as were typically available to the school,
its students, faculty and staff prior to its transfer to the
ASD. Extensive repairs to buildings or facilities considered
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capital expenses shall be the responsibility of the transferring
school district and not the ASD. Any fixtures, improvements or
tangible assets added to a school building or facility by the
ASD shall remain at the school building or facility upon the
school being returned to the jurisdiction of the transferring
school district.
Section 613-B. Employees.
(a) Direct operation by ASD.--An employee hired to work in
an ASD school directly operated by the ASD shall be deemed an
employee of the ASD, and the employees shall be under the
exclusive control of the ASD. The ASD shall develop written
procedures for employment and management of personnel as well as
the development of compensation and benefit plans. Within the
limits of the budget, staffing needs of any ASD school shall be
exclusively determined by the ASD.
(b) Employee transfers.--The ASD, or an entity under
contract to operate an ASD school, may determine whether an
employee who is assigned to a school prior to the school's
transfer to the ASD may opt to continue as an employee of the
ASD or the operating entity. If an employee is not provided the
option, the employee shall be retained as an employee of the
transferring school district. If an employee accepts the option,
the employee may, at the discretion of the transferring school
district, return to the employ of the school district, if the
ASD or operating entity later determines not to continue
employment.
(c) Certification.--At least 75% of the professional staff
members of an ASD school shall hold appropriate State
certification.
(d) Collective bargaining.--Employees of an ASD school may
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organize under the act of July 23, 1970 (P.L.563, No.195), known
as the Public Employe Relations Act. The ASD board shall be
considered an employer for the purposes of Article XI-A. Upon
formation of one or more collective bargaining units at the
school, the ASD board shall bargain with the employees based on
the provisions of this article, Article XI-A and the Public
Employe Relations Act. Collective bargaining units at an ASD
school shall be separate from any collective bargaining unit of
the transferring school district.
(e) Retirement.--All employees of the ASD shall be enrolled
in the Public School Employees' Retirement System in the same
manner as set forth in 24 Pa.C.S. § 8301(a) (relating to
mandatory and optional membership) unless the ASD provides for a
federally qualified retirement plan. The Commonwealth shall make
contributions on behalf of the ASD employees enrolled in the
Public School Employees' Retirement System. The ASD shall be
considered a school district and shall make payments by
employers to the Public School Employees' Retirement System and
payments on account of Social Security as established under 24
Pa.C.S. Pt. IV (relating to retirement for school employees).
The market value/income aid ratio used in calculating payments
as prescribed in this subsection shall be the market
value/income aid ratio for the school district from which the
school is transferred to the ASD. Except as otherwise provided,
employees of the ASD shall make regular member contributions as
required for active members under 24 Pa.C.S. Pt. IV. If the
employees of the ASD participate in another retirement plan,
then those employees shall have no concurrent claim on the
benefits provided to public school employees under 24 Pa.C.S.
Pt. IV. For purposes of this subsection, the ASD shall be deemed
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to be a public school as defined in 24 Pa.C.S. § 8102 (relating
to definitions).
(f) Health care benefits.--Every employee of the ASD shall
be provided the same or comparable health care benefits as the
employee would be provided if he were an employee of the
transferring district.
(g) Sick leave.--Any employee of a public school who is
given and accepts the offer of employment with the ASD shall
retain any accumulated sick leave in the position with the ASD.
(h) Leave of absence.--A public school employee of a school
entity may request a leave of absence for up to five years in
order to work at the ASD. Approval of a leave of absence shall
not be unreasonably withheld.
(i) Tenure.--A temporary professional employee on leave from
a school district may accrue tenure in the transferring school
system at the discretion of the transferring school district in
the same manner as the employee would under Article XI if the
employee had continued to be employed by the school district. A
professional employee on leave from a school district shall
retain tenure rights, as defined in Article XI, in the school
entity from which the employee transferred. No temporary
professional employee or professional employee shall have tenure
rights as against the ASD. A temporary professional employee and
professional employee shall continue to accrue seniority in the
school district from which the employee transferred if the
employee returns to the school district upon termination of the
leave.
(j) Service requirements for certificates.--Professional
employees who hold a first level teaching or administrative
certificate may, at their option, have the time completed in
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satisfactory service in the ASD applied to the length of service
requirements for the next level of certification.
(k) Return to school district.--A temporary professional
employee or professional employee who leaves the employ of the
ASD shall have the right to return to a comparable position for
which the person is properly certified in the school district
which granted the leave of absence. In the case where a teacher
has been dismissed by the ASD, the ASD shall provide to the
school district which granted the leave of absence the following
information:
(1) The reason for the dismissal at the time it
occurred.
(2) A list of any witnesses who were relied upon by the
ASD in moving for dismissal.
(3) A description of and access to any physical evidence
used by the ASD in moving for dismissal.
(4) A copy of any record developed at any dismissal
proceeding conducted by the ASD. The record of any hearing
may be admissible in a hearing before the school district
which granted the leave of absence.
(l) Authority of school directors.--Nothing in this section
shall affect the authority of a board of directors to initiate
proceedings under Article XI if the board of directors
determines that occurrences at the ASD leading to dismissal of a
professional employee constitute adequate and independent
grounds for discipline under section 1122.
(m) Criminal history record and child abuse clearance.--No
temporary employee or professional employee who leaves the
employ of the ASD shall be returned to a position in the school
district which granted his leave of absence until the school
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district is in receipt of a current criminal history record
under section 111 and the official statement regarding child
injury or abuse from the Department of Human Services as
required by 23 Pa.C.S. Ch. 63 (relating to child protective
services).
(n) Criminal history record information.--Prior to beginning
employment with the ASD, an individual who has direct contact
with children shall be required to submit a report of criminal
history record information as provided for in section 111. This
subsection shall also apply to an individual who volunteers to
work on a full-time or part-time basis at the ASD.
(o) Child abuse clearance.--An applicant for a position as
an ASD school employee shall be required to submit the official
statement regarding child injury or abuse from the Department of
Human Services as provided in 23 Pa.C.S. Ch. 63. This subsection
shall also apply to any individual who volunteers to work on a
full-time or part-time basis at the ASD.
Section 614-B. Student enrollment.
Any student eligible under this section has the right to
attend the ASD school for which the student is eligible,
notwithstanding any other provision of law to the contrary.
Section 615-B. Oversight.
(A) REPORT.-- Annually, the ASD shall submit a written report
to the secretary and the presiding officers of the Senate and
the House of Representatives. The report shall include:
(1) A listing and description of the status, including
academic performance, of each school whose jurisdiction has
been transferred to the ASD since the submittal of the
preceding report.
(2) A justification for each school determined to be an
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eligible school that is not transferred to the ASD.
(B) LIMITATION.--THE ASD MAY NOT EXPAND THE TOTAL NUMBER OF
SCHOOLS PERMITTED UNDER ITS JURISDICTION IN SECTION 606-B(E)
WITHOUT LEGISLATIVE AUTHORIZATION.
Section 2. This act shall take effect immediately.
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