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| PRIOR PRINTER'S NO. 1641 | PRINTER'S NO. 1871 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, DINNIMAN, BROWNE, EARLL, RAFFERTY, WILLIAMS, BOSCOLA AND ALLOWAY, FEBRUARY 1, 2010 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, APRIL 20, 2010 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for definitions; |
6 | and providing for empowering the Department of Education, |
7 | school districts, schools and parents of school children to |
8 | undertake measures necessary to improve the academic |
9 | performance of students. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. The definition of "warning" in section 102 of the | <-- |
13 | act of March 10, 1949 (P.L.30, No.14), known as the Public |
14 | School Code of 1949, amended December 23, 2003 (P.L.304, No.48), |
15 | is amended to read: |
16 | Section 102. Definitions.--When used in this act the |
17 | following words and phrases shall have the following meanings: |
18 | * * * |
19 | "Warning." Classification as provided in 22 Pa. Code § 403.3 |
20 | (relating to single accountability system) indicating that a |
21 | school or school district has failed to make [its academic |
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1 | performance targets] adequate yearly progress for one year. |
2 | Section 2. The act is amended by adding an article to read: |
3 | ARTICLE XVII-C |
4 | 2010 EDUCATION EMPOWERMENT ACT |
5 | Section 1701-C. Definitions. |
6 | The following words and phrases when used in this article |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Board of school directors." The term shall include the |
10 | following: |
11 | (1) The board of school directors of a school district. |
12 | (2) The board of trustees of a charter school. |
13 | (3) The joint operating committee of a comprehensive |
14 | vocational-technical school. |
15 | "Corrective action I." Classification as provided in 22 Pa. |
16 | Code § 403.3 (relating to single accountability system) |
17 | indicating that a school or school district failed to make |
18 | adequate yearly progress for four consecutive years in the same |
19 | academic subject thereby requiring the development of a |
20 | corrective action plan. |
21 | "Corrective action II." Classification as provided in 22 Pa. |
22 | Code § 403.3 (relating to single accountability system) |
23 | indicating that a school or school district failed to make |
24 | adequate yearly progress for five or more consecutive years in |
25 | the same academic subject thereby requiring the development of a |
26 | corrective action plan. |
27 | "Corrective action plan." A school district's plan or |
28 | school-level plan designed to improve the academic performance |
29 | of a school district or a school designated for corrective |
30 | action I or corrective action II in year one, two or three. |
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1 | "Department." The Department of Education of the |
2 | Commonwealth. |
3 | "Improvement I." Classification as provided in 22 Pa. Code § |
4 | 403.3 (relating to single accountability system) indicating that |
5 | a school or school district failed to make adequate yearly |
6 | progress for two consecutive years in the same academic subject |
7 | thereby requiring the development of an improvement plan. |
8 | "Improvement II." Classification as provided in 22 Pa. Code |
9 | § 403.3 (relating to single accountability system) indicating |
10 | that a school or school district failed to make adequate yearly |
11 | progress for three consecutive years in the same academic |
12 | subject thereby requiring the development of an improvement |
13 | plan. |
14 | "Improvement plan." A school-level or school district's plan |
15 | designed to improve the academic performance of a school or a |
16 | school district designated for warning, improvement I or |
17 | improvement II. |
18 | "Making progress." The status of a school or school district |
19 | designated for warning, improvement I, improvement II, |
20 | corrective action I or corrective action II in a school year and |
21 | that makes adequate yearly progress in the subsequent and most |
22 | recent school year. |
23 | "Restructuring plan." A school-level or school district's |
24 | plan designed to improve the academic performance of a school or |
25 | a school district placed under the control of a school reform |
26 | commission under section 1706-C(f). |
27 | "School." A public school in this Commonwealth including a |
28 | charter school and a comprehensive area vocational-technical |
29 | school. |
30 | "School year." The period of time elapsing between the |
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1 | opening of the public schools in the fall of one year and the |
2 | closing of the public schools in the spring of the following |
3 | year. |
4 | "Secretary." The Secretary of Education of the Commonwealth. |
5 | "State plan." The plan for the implementation of the No |
6 | Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. |
7 | 1425) approved by the United States Department of Education. |
8 | "Student subgroup." One of the specific groups of students |
9 | designated in the definition of "adequate yearly progress" under |
10 | section 1111(b)(2)(C)(v)(II) of the No Child Left Behind Act of |
11 | 2001 (Public Law 107-110, 115 Stat. 1425) for which adequate |
12 | yearly progress is measured separately. |
13 | Section 1702-C. Annual report. |
14 | By August 15 of each school year, the department shall issue |
15 | electronically an annual report that shall do the following: |
16 | (1) Identify the schools and school districts that have |
17 | made adequate yearly progress for all students and for each |
18 | student subgroup for the immediately preceding school year. |
19 | (2) Identify the schools and school districts that have |
20 | failed to make adequate yearly progress based upon failure to |
21 | meet academic performance targets for all students and for |
22 | each student subgroup for the immediately preceding school |
23 | year. |
24 | (3) Designate the schools and school districts |
25 | referenced in paragraph (2) for classification in one of the |
26 | following categories: |
27 | (i) Warning. |
28 | (ii) Improvement I. |
29 | (iii) Improvement II. |
30 | (iv) Corrective action I. |
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1 | (v) Corrective action II. |
2 | (vi) Making progress. |
3 | Section 1703-C. School districts and schools designated for |
4 | warning. |
5 | (a) School districts.--Each school district designated for |
6 | warning shall appoint an improvement team within 30 days of |
7 | publication of the annual report required under section 1702-C. |
8 | Appointments to the improvement team for a school district shall |
9 | be made by the board of school directors in consultation with |
10 | the superintendent of the school district. |
11 | (b) Schools.--The following shall apply to schools |
12 | designated for warning: |
13 | (1) The board of school directors of a school district |
14 | in which a school is designated for warning shall ensure that |
15 | the school designated for warning has appointed an |
16 | improvement team within 30 days of publication of the annual |
17 | report required under section 1702-C. Appointments to the |
18 | improvement team shall be made by the board of school |
19 | directors in consultation with the school principal and the |
20 | superintendent of the school district. |
21 | (2) In the case of a charter school, the improvement |
22 | team shall be appointed by the board of trustees of the |
23 | school within 30 days of publication of the annual report |
24 | required under section 1702-C. The improvement team shall |
25 | include a representative from the governing body or |
26 | administration of the chartering entity. |
27 | (3) In the case of a vocational-technical school, the |
28 | improvement team shall be appointed by the joint operating |
29 | committee of the vocational-technical school within 30 days |
30 | of publication of the annual report required under section |
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1 | 1702-C. |
2 | (4) A school district not designated for warning which |
3 | includes a school designated for warning may assign an |
4 | advisory team to evaluate the academic and fiscal needs of |
5 | the school and present recommendations designed to improve |
6 | academic performance to the improvement team. The advisory |
7 | team may also assist the improvement team with the |
8 | development of the improvement plan. |
9 | (c) Duties of improvement team.--An improvement team shall |
10 | have the following powers and duties: |
11 | (1) To design an improvement plan under this section and |
12 | to submit the plan to the board of school directors of the |
13 | school district within 90 days of publication of the annual |
14 | report required under section 1702-C. |
15 | (2) To begin implementing the improvement plan |
16 | immediately upon approval of the board of school directors. |
17 | (3) To provide periodic reports on the implementation of |
18 | the improvement plan to the board of school directors. |
19 | (4) To meet periodically to review implementation of the |
20 | improvement plan. |
21 | (5) To seek technical assistance from the department or, |
22 | in the case of a school, from the school district in the |
23 | design and implementation of the plan. |
24 | (d) Improvement plan.--Within 90 days of publication of the |
25 | annual report required under section 1702-C, the improvement |
26 | team for each school and school district designated for warning |
27 | shall present an improvement plan to its board of school |
28 | directors. The board of school directors shall review and |
29 | approve, approve with modifications or disapprove the |
30 | improvement plan within 30 days of its submission. |
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1 | (e) Contents.--The improvement plan shall provide an |
2 | analysis of the effectiveness of the current practices of the |
3 | school or school district in the areas of curriculum, teaching |
4 | techniques, school climate, school leadership, staffing and the |
5 | use of time, technology and resources. The plan shall do the |
6 | following: |
7 | (1) Include specific references to supporting data about |
8 | student achievement. |
9 | (2) Address the academic achievement problem or problems |
10 | that caused the warning designation, including the student |
11 | subgroups that failed to make adequate yearly progress. |
12 | (3) Include measurable annual objectives for continuous |
13 | and substantial progress for each subgroup identified in |
14 | paragraph (2). |
15 | (f) Improvement program.--Based on an analysis of the data |
16 | provided under subsection (e), the improvement team shall set |
17 | forth its improvement program for each of the areas listed in |
18 | subsection (e)(2). The improvement program shall set forth |
19 | academic performance objectives for each area. |
20 | (g) Improvement strategies.--The plan shall include |
21 | research-based strategies for achieving the academic performance |
22 | objectives identified in subsection (f). Strategies may include |
23 | the following: |
24 | (1) The school district or school may publish a |
25 | performance data report and distribute the report to the |
26 | parents of students attending the school or school district. |
27 | (2) The school district may design and implement a |
28 | program that would allow a student attending a school |
29 | designated for warning to transfer to another school that is |
30 | not designated for warning within the school district upon |
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1 | the request of a parent. |
2 | (3) The school district or school may appoint a person |
3 | or organization not affiliated with the school district or |
4 | school to review the programs of the school district or |
5 | school and make recommendations for improvement. |
6 | (4) The school district or school may work with a |
7 | curriculum committee appointed by the department from the |
8 | intermediate unit serving the school district or school. The |
9 | curriculum committee may: |
10 | (i) Assist the school district or school with |
11 | curriculum development. |
12 | (ii) Assist principals and teachers in presenting |
13 | the curriculum. |
14 | (iii) Meet with principals to review progress |
15 | monthly. |
16 | (5) The school district or school may plan and make |
17 | available to its principals and teachers continuing |
18 | professional education options that shall be specific to the |
19 | academic performance objectives of the school district or |
20 | school. |
21 | (6) The school district or school may establish a parent |
22 | advisory committee. |
23 | (7) The school district or school may evaluate whether |
24 | the school district or school has the resources to reduce |
25 | class sizes in classrooms that fail to meet performance |
26 | targets. To the extent resources are available, the school |
27 | district or school may undertake class-size reductions. |
28 | (8) The school district or school may evaluate whether a |
29 | school that fails to meet performance targets should be |
30 | converted to a charter school and may undertake the |
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1 | conversion of the school. A conversion to a charter school |
2 | under this article shall be subject to the provisions of |
3 | section 1711-C. |
4 | (9) The school district or school may offer tutoring |
5 | programs to students whose most recent results on the |
6 | Pennsylvania System of School Assessment test, the Keystone |
7 | Exam, an equivalent local assessment or another test |
8 | established by the State Board of Education to meet the |
9 | requirements of section 2603-B(d)(10)(i) were below |
10 | proficient. |
11 | (10) The improvement plan may include additional |
12 | elements that the board of school directors deems necessary |
13 | to improve the academic performance of the school district or |
14 | school. |
15 | (h) Evidence of effectiveness.-–The improvement plan shall |
16 | set forth evidence of the effectiveness of the strategies that |
17 | shall be implemented. |
18 | (i) Duties of the school board.--The board of school |
19 | directors of a school district designated for warning or of a |
20 | school district in which a school is designated for warning |
21 | shall have the following powers and duties: |
22 | (1) Review and approve, approve with modifications or |
23 | disapprove the improvement plan required under this section |
24 | within 30 days of the submission of the improvement plan to |
25 | the board of school directors. |
26 | (2) Ensure that parents are notified of the warning |
27 | designation. |
28 | (3) Take actions necessary to implement the approved |
29 | improvement plan. |
30 | (j) Technical assistance.-–For school districts and schools |
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1 | designated for warning, the department shall provide technical |
2 | assistance directly or through the intermediate unit and in |
3 | accordance with the provisions of section 1707-C. |
4 | (k) Effect of making adequate yearly progress.-- |
5 | (1) A school district or school designated for warning |
6 | that makes adequate yearly progress in the same academic |
7 | subject in the school year following the warning designation |
8 | shall be designated as making progress. The improvement team |
9 | and the improvement plan established under this section shall |
10 | remain in place for the school year following the making |
11 | progress designation. |
12 | (2) A school district or school designated as making |
13 | progress under paragraph (1) that fails to make adequate |
14 | yearly progress in the same academic subject for the school |
15 | year following the making progress designation shall be |
16 | designated for improvement I. |
17 | (3) The improvement team may disband when the school |
18 | district or school has made adequate yearly progress in the |
19 | same academic subject for two consecutive school years. |
20 | Section 1704-C. School districts and schools designated for |
21 | improvement I or improvement II. |
22 | (a) School districts.--The following shall apply to school |
23 | districts that have been designated for improvement I or |
24 | improvement II: |
25 | (1) The board of school directors of each school |
26 | district designated for improvement I or improvement II shall |
27 | appoint an improvement team consisting of at least eight |
28 | members within 30 days of publication of the annual report |
29 | required under section 1702-C. Appointments to the |
30 | improvement team for a school district shall be made by the |
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1 | board of school directors in consultation with the |
2 | superintendent of the school district. |
3 | (2) Members of the improvement team shall be subject to |
4 | approval by the department and include the following: |
5 | (i) A teacher employed by the school district |
6 | selected by all teachers in the district. |
7 | (ii) An administrator employed by the school |
8 | district. |
9 | (iii) A member of the board of school directors of |
10 | the school district. |
11 | (iv) No fewer than two parents of students enrolled |
12 | in the school district. |
13 | (v) A member of the school district's pupil services |
14 | staff. |
15 | (3) Additional members of the improvement team may |
16 | include: |
17 | (i) Staff members from the intermediate unit serving |
18 | the school district. |
19 | (ii) Teachers employed by other school districts. |
20 | (iii) Administrators employed by other school |
21 | districts. |
22 | (iv) School board members from other school |
23 | districts. |
24 | (v) Faculty members from colleges and universities |
25 | in this Commonwealth with particular expertise in school |
26 | improvement. |
27 | (vi) Local business representatives. |
28 | (vii) Community leaders. |
29 | (4) The board of school directors shall select one of |
30 | the members as chairperson of the improvement team. |
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1 | (b) Schools.--The following shall apply to schools |
2 | designated for improvement I or improvement II: |
3 | (1) The board of school directors of a school district |
4 | in which a school is designated for improvement I or |
5 | improvement II shall ensure that the school designated for |
6 | improvement has appointed an improvement team comprised of no |
7 | fewer than six and no more than ten members within 30 days of |
8 | the publication of the annual report required under section |
9 | 1702-C. Appointments to the improvement team shall be made by |
10 | the board of school directors in consultation with the school |
11 | principal and the superintendent of the school district or |
12 | the chief school administrator of the school. |
13 | (2) Members of the improvement team shall include: |
14 | (i) A teacher from the school selected by all |
15 | teachers in the school district. |
16 | (ii) An administrator from the school. |
17 | (iii) A local business representative. |
18 | (iv) A community leader. |
19 | (v) No fewer than two parents of students enrolled |
20 | in the school. |
21 | (vi) Outside experts who have knowledge and |
22 | experience to address specific needs of the school or |
23 | school district. |
24 | (3) In the case of a charter school, the improvement |
25 | team shall be appointed by the board of trustees of the |
26 | school within 30 days of the publication of the annual report |
27 | required under section 1702-C. The improvement team shall |
28 | include a representative from the governing body or |
29 | administration of the chartering entity. |
30 | (4) In the case of a vocational-technical school, the |
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1 | improvement team shall be appointed by the joint operating |
2 | committee of the vocational-technical school within 30 days |
3 | of the publication of the annual report required under |
4 | section 1702-C. |
5 | (5) A school district not designated for improvement |
6 | containing a school designated for improvement may assign an |
7 | advisory team to evaluate the academic and fiscal needs of |
8 | the school and present recommendations designed to improve |
9 | academic performance to the improvement team. The advisory |
10 | team may also assist the improvement team with the |
11 | development of the improvement plan. |
12 | (c) Powers and duties of improvement team.--An improvement |
13 | team shall have the following powers and duties: |
14 | (1) To design an improvement plan under this section. |
15 | (2) To begin implementing the improvement plan |
16 | immediately upon receiving the approval of the board of |
17 | school directors. |
18 | (3) To provide periodic reports on the implementation of |
19 | the improvement plan to the board of school directors and the |
20 | intermediate unit serving the school district. |
21 | (4) To meet periodically to review implementation of the |
22 | improvement plan. |
23 | (5) To seek technical assistance from the department or, |
24 | in the case of a school, from the school district in the |
25 | design and implementation of the plan. |
26 | (d) Improvement plan.--Within 90 days of publication of the |
27 | annual report required under section 1702-C, the improvement |
28 | team for each school district and school designated for |
29 | improvement I or improvement II shall present an improvement |
30 | plan to the department, the executive director of the |
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1 | intermediate unit serving the school district and the board of |
2 | school directors of the school district. The department and the |
3 | intermediate unit shall review the plan and provide |
4 | recommendations to the board of school directors within 30 days |
5 | of receiving the plan for review. The board of school directors |
6 | shall approve, approve with modifications or disapprove the |
7 | improvement plan within 30 days following the receipt of the |
8 | approval of the department and the intermediate unit. |
9 | (e) Contents.--The improvement plan shall provide an |
10 | analysis of the effectiveness of the current practices of the |
11 | school district or school in the areas of curriculum, teaching |
12 | techniques, school climate, school leadership, staffing and the |
13 | use of time, technology and resources. The plan shall do all of |
14 | the following: |
15 | (1) Include specific references to supporting data about |
16 | student achievement. |
17 | (2) Address the academic achievement problem or problems |
18 | that caused the improvement I or improvement II designation, |
19 | including the student subgroups that failed to make adequate |
20 | yearly progress. |
21 | (3) Include measurable annual objectives for continuous |
22 | and substantial progress for each subgroup identified in |
23 | paragraph (2). |
24 | (f) Improvement program.--Based on an analysis of the data |
25 | provided under subsection (e), the improvement team shall set |
26 | forth its improvement program for each of the areas listed under |
27 | subsection (e)(2). The improvement program shall set forth |
28 | academic performance objectives for each area. |
29 | (g) Improvement strategies.--The plan shall include |
30 | research-based strategies for achieving the academic performance |
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1 | objectives identified under subsection (f). Strategies shall |
2 | include all of the following: |
3 | (1) The school district or school shall publish a |
4 | performance data report and distribute the report to all |
5 | parents of students attending the school district or school. |
6 | (2) The school district shall design and implement a |
7 | program that will allow a student attending a school |
8 | designated for improvement I or improvement II to transfer to |
9 | another school that is not designated for improvement I or |
10 | improvement II within the school district, upon the request |
11 | of a parent. |
12 | (3) The school district or school shall appoint a person |
13 | or organization not affiliated with the school district or |
14 | school to review the programs of the school district or |
15 | school and make recommendations for improvement. |
16 | (4) The school district or school shall work with a |
17 | curriculum committee appointed by the department from the |
18 | intermediate unit serving the school district or school. The |
19 | curriculum committee shall assist the school district or |
20 | school with curriculum development, assist principals and |
21 | teachers in presenting the curriculum and meet with |
22 | principals monthly to review progress. |
23 | (5) The school district or school shall plan and make |
24 | available to principals and teachers continuing professional |
25 | education options that shall be specific to the academic |
26 | performance objectives of the school district or school. |
27 | (6) The school district or school shall establish a |
28 | parent advisory committee. |
29 | (7) The school district or school shall evaluate whether |
30 | the school district or school has the resources to reduce |
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1 | class sizes in classrooms that fail to meet performance |
2 | targets. If resources are available, the school district or |
3 | school may undertake class-size reductions. |
4 | (8) The school district or school shall offer tutoring |
5 | programs to students whose most recent results on the |
6 | Pennsylvania System of School Assessment test, the Keystone |
7 | Exam, an equivalent local assessment or any other test |
8 | established by the State Board of Education to meet the |
9 | requirements of section 2603-B(d)(10)(i) were below |
10 | proficient. |
11 | (h) Optional strategies.--In addition to the strategies |
12 | required under subsection (g), the plan may include any of the |
13 | following: |
14 | (1) The school district may convert a school to a |
15 | charter school. A conversion to a charter school under this |
16 | article shall be subject to the provisions of section 1711-C. |
17 | (2) The school district may contract with an education |
18 | management organization to manage the school district or a |
19 | school. |
20 | (3) The school district may negotiate a memorandum of |
21 | understanding under the current collective bargaining |
22 | agreement with the teachers of the school district regarding |
23 | terms of employment, including: |
24 | (i) School building assignment. |
25 | (ii) Length of work day. |
26 | (iii) Salary. |
27 | (iv) Class assignments. |
28 | (v) Academic calendar. |
29 | (vi) Teaching preparation time. |
30 | (vii) Daily schedule. |
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1 | (viii) Method of performance evaluation. |
2 | (4) The school district may dismiss or demote school |
3 | principals and teachers who fail to meet performance |
4 | expectations pursuant to the procedures under Article XI. |
5 | (5) Notwithstanding any other provision of this act, the |
6 | school district may: |
7 | (i) Implement a system of performance-based |
8 | compensation for chief administrative officers of the |
9 | school district. |
10 | (ii) Implement a system of performance-based |
11 | compensation for school principals. |
12 | (iii) Implement a system of performance-based |
13 | compensation for teachers. |
14 | (iv) Offer financial incentives to teachers |
15 | certified in areas of shortage as determined by the board |
16 | of school directors. |
17 | (v) Offer financial incentives to teachers who |
18 | accept high-need assignments as determined by the board |
19 | of school directors. |
20 | (vi) Reassign principals and teachers to meet the |
21 | needs of the school district or school. |
22 | (vii) Assign a teacher to a school or class based on |
23 | the needs of the school district or school and the |
24 | competencies of the teacher as determined by the board of |
25 | school directors. |
26 | (viii) Design and implement a new performance |
27 | evaluation process for principals. |
28 | (ix) Design and implement a new performance |
29 | evaluation process for teachers. |
30 | (x) Award tenure on the basis of teacher performance |
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1 | evaluations notwithstanding the teacher's number of years |
2 | of classroom teaching experience. |
3 | (xi) Petition the department for a certificate that |
4 | would allow a presently uncertified individual meeting |
5 | education and work experience requirements established by |
6 | the department to teach in a shortage area. |
7 | (xii) Establish and implement an intensive training |
8 | program for new principals. |
9 | (xiii) Establish and implement a teacher mentoring |
10 | program. |
11 | (xiv) Establish and implement an intensive induction |
12 | program for new teachers. |
13 | (6) The school district or school may negotiate a new |
14 | collective bargaining agreement with its teachers. |
15 | (7) The school district or school may assist a student |
16 | in locating external agencies that provide social services |
17 | needed by the student. |
18 | (8) The school district or school may award scholarships |
19 | for higher education to students who meet academic |
20 | requirements established by the board of school directors. |
21 | The school district may solicit and accept contributions from |
22 | the public for this purpose. |
23 | (9) The school district or school may contract with a |
24 | college or university teacher preparation program to review |
25 | the school district's programs, make recommendations for |
26 | improvement and assist the school district in implementing |
27 | changes in practices. |
28 | (10) The school district or school may reallocate school |
29 | district or school resources. |
30 | (11) The school district or school may amend school |
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1 | district or school procedures. |
2 | (12) The school district may restructure. |
3 | (13) The school district may close schools. |
4 | (14) Notwithstanding any other provision of this act, |
5 | the school district or school may: |
6 | (i) Focus its curriculum on reading, mathematics and |
7 | science and offer other courses on a discretionary basis. |
8 | (ii) Design a core curriculum for use in all schools |
9 | in the school district. |
10 | (15) The school district may establish an accelerated |
11 | learning academy for any student who scored below proficient |
12 | on the student's most recent Pennsylvania System of School |
13 | Assessment test, Keystone Exam, equivalent local assessment |
14 | or any other test established by the State Board of Education |
15 | to meet the requirements of section 2603-B(d)(10)(i). |
16 | (16) The school district or school may monitor a |
17 | student's progress at intervals throughout the student's |
18 | elementary and secondary school years that are determined |
19 | based on research to be critical to a student's academic |
20 | success. |
21 | (17) The school district or school may assign one |
22 | teacher or a group of teachers to a group of students over |
23 | multiple years. |
24 | (18) The school district or school may enter into a |
25 | memorandum of understanding with the police department having |
26 | jurisdiction over the school district or the school to |
27 | address school safety. |
28 | (19) The school district or school may engage an |
29 | external person or organization to conduct a safety audit of |
30 | the school district or school. The school district or school |
|
1 | may take actions that the board of school directors deems |
2 | necessary to improve school safety. |
3 | (20) The school district or school may establish or |
4 | amend a code of conduct which may include the following: |
5 | (i) Increased sanctions for student misconduct. |
6 | (ii) Increased principal and teacher authority to |
7 | enforce rules of conduct. |
8 | (iii) Examples of appropriate conduct. |
9 | (iv) Examples of inappropriate conduct. |
10 | (v) Specific negative consequences for inappropriate |
11 | conduct. |
12 | (21) The school district may design and implement an |
13 | interdistrict school choice program in cooperation with one |
14 | or more other school districts served by the intermediate |
15 | unit serving the school district. |
16 | (i) Additional elements.--The following shall apply: |
17 | (1) The plan may include additional elements that the |
18 | board of school directors deems necessary to improve the |
19 | academic performance of the school district or school. |
20 | (2) The plan shall include additional elements that the |
21 | department deems necessary to satisfy the requirements of |
22 | section 1116(b)(3) of the No Child Left Behind Act of 2001 |
23 | (Public Law 107-110, 115 Stat. 1425) as it applies to a |
24 | school or section 1116(c)(7)(A) of the No Child Left Behind |
25 | Act of 2001 as it applies to a school district. |
26 | (j) Evidence of effectiveness.--The plan shall set forth |
27 | evidence of the effectiveness of the strategies that shall be |
28 | implemented. |
29 | (k) Duties of the school board.--The board of school |
30 | directors of a school district designated for improvement I or |
|
1 | improvement II or of a school district in which a school is |
2 | designated for improvement I or improvement II shall have the |
3 | following powers and duties: |
4 | (1) Review and approve, approve with modifications or |
5 | disapprove the improvement plan required under this section |
6 | within 30 days following the receipt of the approval of the |
7 | department and the intermediate unit. |
8 | (2) Take actions necessary to implement the improvement |
9 | plan. |
10 | (3) Ensure that parents are notified of the school |
11 | improvement designation to the extent and in the manner |
12 | required under section 1116(b) and (c) of the No Child Left |
13 | Behind Act of 2001. |
14 | (4) Establish an intradistrict school choice program for |
15 | students in any school in the school district that has been |
16 | designated for improvement I or improvement II. The program |
17 | must satisfy the requirements of the No Child Left Behind Act |
18 | of 2001. |
19 | (5) Establish a tutoring program for students in a |
20 | school that is designated for improvement II status. For |
21 | schools designated as Title I schools, tutoring programs |
22 | shall include supplemental educational services under section |
23 | 1116(e) of the No Child Left Behind Act of 2001. Schools that |
24 | do not receive funds under Title I of the Elementary and |
25 | Secondary Education Act of 1965 (Public Law 89-10, 20 U.S.C. |
26 | Ch. 63 et seq.) shall provide parents with information on the |
27 | availability of other tutoring programs offered by the school |
28 | district. |
29 | (l) Technical assistance.--For school districts and schools |
30 | designated for improvement I or improvement II, the department |
|
1 | shall provide technical assistance directly or through the |
2 | intermediate unit and in accordance with section 1707-C. |
3 | (m) Effect of making adequate yearly progress.-- |
4 | (1) A school district or school designated for |
5 | improvement I or improvement II that makes adequate yearly |
6 | progress in the same academic subject in the school year |
7 | following the designation shall be designated as making |
8 | progress. The improvement team and the improvement plan |
9 | established under this section shall remain in place for the |
10 | school year following the making progress designation. |
11 | (2) A school district or school designated as making |
12 | progress under paragraph (1) that fails to make adequate |
13 | yearly progress in the same academic subject for the school |
14 | year following the making progress designation shall be |
15 | designated for improvement II. |
16 | (3) The improvement team may disband when the school |
17 | district or school has made adequate yearly progress in the |
18 | same academic subject for two consecutive school years. |
19 | Section 1705-C. School districts and schools designated for |
20 | corrective action I. |
21 | (a) Improvement team.-- |
22 | (1) The improvement team appointed under section 1704-C |
23 | shall remain in place during the time period a school |
24 | district or school is designated for corrective action I. The |
25 | board of school directors may replace members of the |
26 | improvement team in its discretion, subject to section 1704-C |
27 | and with the approval of the department. An improvement team |
28 | shall have the following powers and duties: |
29 | (i) To design a corrective action plan under this |
30 | section. |
|
1 | (ii) To begin implementing the corrective action |
2 | plan immediately following the receipt of the approval of |
3 | the department and the intermediate unit. |
4 | (iii) To provide periodic reports on the |
5 | implementation of the corrective action plan to the board |
6 | of school directors and the intermediate unit serving the |
7 | school district. |
8 | (iv) To meet periodically to review implementation |
9 | of the corrective action plan. |
10 | (v) To seek technical assistance from the department |
11 | or, in the case of a school, from the school district in |
12 | the design and implementation of the plan. |
13 | (b) Corrective action plan.--If a school district or school |
14 | has been designated for corrective action I, the improvement |
15 | team shall present a revised improvement plan to the board of |
16 | school directors for approval no later than 30 days after |
17 | publication of the annual report required under section 1702-C. |
18 | The board of school directors shall approve or modify the plan |
19 | and submit it to the department and the intermediate unit |
20 | serving the school district within 60 days of the publication of |
21 | the annual report required under section 1702-C. The department |
22 | and the intermediate unit shall review the plan and approve, |
23 | approve with modifications or disapprove the plan within 30 days |
24 | after receiving it for review. The revised improvement plan |
25 | approved by the department and the intermediate unit shall |
26 | constitute the corrective action plan. |
27 | (c) Contents.--The corrective action plan shall provide an |
28 | analysis of the effectiveness of the current practices of the |
29 | school district or school in the areas of curriculum, teaching |
30 | techniques, school climate, school leadership, staffing and the |
|
1 | use of time, technology and resources. The corrective action |
2 | plan shall do all of the following: |
3 | (1) Include specific references to supporting data |
4 | relating to student achievement. |
5 | (2) Address the academic achievement problem or problems |
6 | that caused the corrective action designation, including the |
7 | student subgroups that failed to make adequate yearly |
8 | progress. |
9 | (3) Include measurable annual objectives for continuous |
10 | and substantial progress for each subgroup identified in |
11 | paragraph (2). |
12 | (d) Improvement program.--Based on an analysis of the data |
13 | provided under subsection (c), the improvement team shall set |
14 | forth its improvement program for each of the areas set forth in |
15 | subsection (c)(2). The improvement program shall set forth |
16 | academic performance objectives for each area. |
17 | (e) Improvement strategies.--The plan shall include |
18 | research-based strategies for achieving the academic performance |
19 | objectives identified in subsection (d). |
20 | (1) For a school district identified for corrective |
21 | action I, the school district shall take at least one of the |
22 | following actions: |
23 | (i) Implement a new curriculum aligned with State |
24 | academic standards and provide staff development that |
25 | will enhance the effectiveness of the new curriculum. |
26 | (ii) Terminate or demote the principals and teachers |
27 | that are relevant to the school district's failure to |
28 | make adequate yearly progress pursuant to the procedures |
29 | required by Article XI. |
30 | (2) For a school identified for corrective action I, the |
|
1 | school district or school shall take at least one of the |
2 | corrective actions listed in section 1116(b)(7)(C)(iv) of the |
3 | No Child Left Behind Act of 2001 (Public Law 107-110, 115 |
4 | Stat. 1425). The school district or school may terminate or |
5 | demote a principal or teacher who is relevant to the school's |
6 | failure to make adequate yearly progress, provided that the |
7 | action is undertaken pursuant to the procedures required by |
8 | Article XI. |
9 | (3) The plan shall include the strategies set forth in |
10 | section 1704-C(g). |
11 | (4) The plan may include the strategies permitted under |
12 | section 1704-C(h). |
13 | (f) Duties of the school board.--The board of school |
14 | directors of a school district designated for corrective action |
15 | I or of a school district in which a school is designated for |
16 | corrective action I shall have the following powers and duties: |
17 | (1) Review and modify, approve or disapprove the |
18 | corrective action plan required under this section and submit |
19 | the plan to the department and the intermediate unit serving |
20 | the school district within 60 days of the publication of the |
21 | annual report required under section 1702-C. |
22 | (2) Take actions necessary to implement the corrective |
23 | action plan following receipt of approval from the department |
24 | and the intermediate unit. |
25 | (3) Ensure that parents are notified of the corrective |
26 | action I designation. |
27 | (4) Establish an intradistrict school choice program for |
28 | students in any school in the school district that has been |
29 | designated for corrective action, provided that the program |
30 | satisfies the requirements of the No Child Left Behind Act of |
|
1 | 2001. |
2 | (5) Establish a tutoring program for students. For |
3 | schools designated as Title I schools, tutoring programs |
4 | shall include supplemental educational services pursuant to |
5 | section 1116(e) of the No Child Left Behind Act of 2001. |
6 | Schools that do not receive funds under Title I of the |
7 | Elementary and Secondary Education Act of 1965 (Public Law |
8 | 89-10, 20 U.S.C. Ch. 63 et seq.) shall provide parents with |
9 | information on the availability of other tutoring programs |
10 | offered by the school district. |
11 | (g) Technical assistance.--For school districts and schools |
12 | designated for corrective action I, the department shall provide |
13 | technical assistance directly or through the intermediate unit |
14 | and in accordance with the provisions of section 1707-C. |
15 | (h) Effect of making adequate yearly progress.--The |
16 | following shall apply: |
17 | (1) A school district or school designated for |
18 | corrective action I that makes adequate yearly progress in |
19 | the same academic subject in the school year following the |
20 | corrective action I designation shall be designated as making |
21 | progress. The improvement team and the improvement plan in |
22 | place under this section shall remain in place for the school |
23 | year following the making progress designation. |
24 | (2) A school district or school designated as making |
25 | progress under paragraph (1) that fails to make adequate |
26 | yearly progress in the same academic subject for the school |
27 | year following the making progress designation shall be |
28 | designated for corrective action II. |
29 | (3) The improvement team may disband when the school |
30 | district or school has made adequate yearly progress in the |
|
1 | same academic subject for two consecutive school years. |
2 | Section 1706-C. School districts and schools designated for |
3 | corrective action II. |
4 | (a) Improvement team.--The improvement team in place under |
5 | section 1705-C shall remain in place during the first three |
6 | years in which a school district or school is designated for |
7 | corrective action II. The board of school directors may replace |
8 | members of the improvement team, subject to the provisions of |
9 | section 1704-C and with the approval of the department. |
10 | (b) Revision of corrective action plan.--If a school |
11 | district or school has been designated for corrective action II, |
12 | the improvement team shall present a revised corrective action |
13 | plan to the board of school directors for approval within 30 |
14 | days after the publication of the annual report required under |
15 | section 1702-C. The board of school directors shall approve or |
16 | revise the plan and submit the plan to the department and the |
17 | intermediate unit serving the school district within 60 days of |
18 | the publication of the annual report required under section |
19 | 1702-C. The revised corrective action plan shall comply with |
20 | section 1705-C(c), (d) and (e). The department and intermediate |
21 | unit shall review and approve, approve with modifications or |
22 | disapprove the plan within 30 days after receiving the plan for |
23 | review. |
24 | (c) Duties of the school board.--The board of school |
25 | directors shall have the duties required under section 1705-C(f) |
26 | for school districts or schools designated for corrective action |
27 | I. |
28 | (d) Effect of making adequate yearly progress.--The |
29 | following shall apply: |
30 | (1) A school district or school designated for |
|
1 | corrective action II that makes adequate yearly progress in |
2 | the same academic subject during one of the three school |
3 | years following the corrective action II designation shall be |
4 | designated as making progress. The improvement team and |
5 | corrective action plan in place under this section shall |
6 | remain in place for the school year following the making |
7 | progress designation. |
8 | (2) A school district or school designated as making |
9 | progress under paragraph (1) that fails to make adequate |
10 | yearly progress in the same academic subject for the school |
11 | year following the making progress designation shall be |
12 | designated for corrective action II, year one. |
13 | (3) The improvement team may disband when the school |
14 | district or school has made adequate yearly progress in the |
15 | same academic subject for two consecutive school years. |
16 | (e) Parental petition.--The following shall apply: |
17 | (1) The parents of 51% of students in a school district |
18 | designated for corrective action II or a school designated |
19 | for corrective action II may petition the board of school |
20 | directors to take one of the following actions: |
21 | (i) Contract with an education management |
22 | organization to manage the school district or the school. |
23 | (ii) Convert the school to a charter school. |
24 | (iii) Close the school. |
25 | (2) A board of school directors that receives a petition |
26 | under paragraph (1) shall submit it to the department within |
27 | five days of receipt. The department shall review and |
28 | approve, approve with modifications or disapprove the |
29 | petition within 30 days of receipt of the petition. The board |
30 | of school directors shall immediately implement the action |
|
1 | requested in a petition approved by the department. |
2 | (3) The department shall: |
3 | (i) Develop a form for the petition permitted under |
4 | paragraph (1) and instructions for filing the petition. |
5 | The form and the instructions shall be made available on |
6 | the department's publicly accessible Internet website. |
7 | (ii) Review and approve, approve with modifications |
8 | or disapprove the petition within 30 days following the |
9 | receipt of the petition. |
10 | (iii) Oversee the school district's implementation |
11 | of the action requested in an approved petition. |
12 | (f) School reform commission.--A school district designated |
13 | for a fourth year of corrective action II shall be placed under |
14 | the governance of a school reform commission that shall report |
15 | to the secretary. |
16 | (1) (i) In a school district located in and serving one |
17 | municipality, the school reform commission shall have |
18 | three members appointed as follows: |
19 | (A) Two members shall be appointed by the |
20 | Governor, subject to confirmation by the Senate. |
21 | (B) One member shall be appointed by the mayor |
22 | subject to confirmation by the elected school board. |
23 | The member appointed by the mayor shall reside in the |
24 | county or counties in which the school district is |
25 | located. |
26 | (ii) In a school district located in and serving |
27 | more than one municipality, the school reform commission |
28 | shall have three members appointed as follows: |
29 | (A) One member shall be appointed by the |
30 | Governor, subject to confirmation by the Senate. |
|
1 | (B) In a school district that serves a city of |
2 | the third class, one member shall be appointed by the |
3 | mayor of the city of the third class and one member |
4 | shall be appointed by the elected school board. The |
5 | member appointed by the mayor and the member |
6 | appointed by the elected school board shall reside in |
7 | the county or counties in which the school district |
8 | is located. |
9 | (C) In a school district that does not serve a |
10 | city of the third class, two members shall be |
11 | appointed by the elected school board. The members |
12 | appointed by the elected school board shall reside in |
13 | the county or counties in which the school district |
14 | is located. |
15 | (iii) Appointees to a school reform commission shall |
16 | not include the following: |
17 | (A) A person holding elected governmental office |
18 | provided that members of the elected school board may |
19 | be appointed. |
20 | (B) A person employed by the Commonwealth. |
21 | (C) A person who has served on a previous school |
22 | reform commission or board of control. |
23 | (2) If a school reform commission is appointed, all |
24 | powers and duties of the board of school directors shall be |
25 | removed from the board of school directors and vested in the |
26 | school reform commission, provided that all taxes required by |
27 | the school district shall be levied by the board of school |
28 | directors pursuant to Article VI. The school reform |
29 | commission shall establish a restructuring plan which shall |
30 | comply with section 1705-C(c), (d) and (e). |
|
1 | (3) The following shall apply: |
2 | (i) The parents of 51% of students in a school |
3 | district under the governance of a school reform |
4 | commission may petition the school reform commission to |
5 | take one of the following actions: |
6 | (A) Contract with an education management |
7 | organization to manage the school district or a |
8 | school. |
9 | (B) Convert a school to a charter school. |
10 | (C) Close a school. |
11 | (ii) A school reform commission that receives a |
12 | petition under subparagraph (i) shall submit the petition |
13 | to the secretary for review within five days of receipt. |
14 | The secretary shall review and approve, approve with |
15 | modifications or disapprove the petition within 30 days |
16 | after receipt of the petition. The school reform |
17 | commission shall immediately implement the action |
18 | requested in a petition approved by the secretary. |
19 | (iii) The school reform commission shall develop a |
20 | form for the petition permitted under subparagraph (i) |
21 | and instructions for filing the form with the school |
22 | reform commission. The form and the instructions shall be |
23 | made available on the school district's publicly |
24 | accessible Internet website. |
25 | (4) The secretary may direct the school reform |
26 | commission to do any of the following: |
27 | (i) Restructure the school district or one or more |
28 | schools. |
29 | (ii) Convert one or more schools to charter schools. |
30 | (iii) Place the school district or one or more |
|
1 | schools under the management of an education management |
2 | organization. |
3 | (iv) Close one or more schools. |
4 | (v) Dissolve the school district. |
5 | (5) Once appointed, the school reform commission shall |
6 | remain in place for at least five years. After the school |
7 | reform commission has been in place for at least five years, |
8 | the secretary may terminate the school reform commission when |
9 | the school district has made adequate yearly progress in the |
10 | same subject for at least two consecutive years. Upon |
11 | termination of the school reform commission, the powers and |
12 | duties of the school reform commission shall be vested in the |
13 | board of school directors. |
14 | (g) Appeals to secretary.--The following shall apply to an |
15 | appeal of an action by a school reform commission to terminate |
16 | or demote a professional employee, notwithstanding provisions of |
17 | section 1131: |
18 | (1) The professional employee shall file the appeal with |
19 | the secretary within 15 days after receipt by registered mail |
20 | of the written notice of the decision of the school reform |
21 | commission to terminate or demote the professional employee. |
22 | (2) The secretary shall fix a day and time for a hearing |
23 | which shall not be more than 20 days after the appeal is |
24 | filed with the secretary. |
25 | (3) The secretary shall render an opinion on the appeal |
26 | within 20 days after the hearing. |
27 | (h) Technical assistance.--For school districts and schools |
28 | designated for corrective action II, the department shall |
29 | provide technical assistance directly or through the |
30 | intermediate unit and in accordance with section 1707-C. |
|
1 | Section 1707-C. Technical assistance. |
2 | (a) General rule.--A school district or school that has been |
3 | designated for warning, improvement or corrective action shall |
4 | be eligible for technical assistance from the department or from |
5 | an intermediate unit in coordination with the department. |
6 | Technical assistance may include: |
7 | (1) Tools to analyze data from the Pennsylvania System |
8 | of School Assessment test, the Keystone Exam, an equivalent |
9 | local assessment or any other test established by the State |
10 | Board of Education to meet the requirements of section 2603- |
11 | B(d)(10)(i). |
12 | (2) A framework for and assistance in developing an |
13 | improvement plan, a corrective action plan or a restructuring |
14 | plan. |
15 | (3) A framework for and assistance in developing a |
16 | strategic plan. |
17 | (4) Identification of professional development and |
18 | instructional strategies and methods to improve the academic |
19 | performance of students in subject areas for which an |
20 | academic performance target has been established and has not |
21 | been met. |
22 | (5) Assistance in identifying regional partners, which |
23 | may include intermediate units, consultants or institutions |
24 | of higher education that the school district or school may |
25 | contract with at its expense for assistance in implementing |
26 | the professional development and instructional strategies and |
27 | methods identified in paragraph (4). |
28 | (6) Tools to analyze the budget of a school district or |
29 | school or parts of the budget of a school district or school |
30 | to enable the school district or school to effectively |
|
1 | allocate its resources as provided for in Article XXV-A. |
2 | (7) Information concerning best practices and resources |
3 | aimed at improving academic performance. |
4 | (8) The assignment of a distinguished educator to work |
5 | with a school district. |
6 | (9) Assistance through the quality review process. |
7 | (10) Assistance in establishing and utilizing school |
8 | support teams in accordance with section 1117(a)(5) of the No |
9 | Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. |
10 | 1425). |
11 | (b) Criteria.--Schools and school districts described in |
12 | subsection (a) shall be eligible for technical assistance based |
13 | on criteria established by the department in order to ensure |
14 | that the lowest performing school districts and schools receive |
15 | priority consideration with respect to the distribution of |
16 | resources. The department shall establish the criteria and |
17 | publish guidelines no later than 30 days from the effective date |
18 | of this section. |
19 | (c) Clearinghouse.--The department shall establish a |
20 | clearinghouse of information related to specific strategies for |
21 | improving the academic performance of students in school |
22 | districts or schools that have been designated for warning, |
23 | improvement or corrective action. The clearinghouse shall |
24 | include best practices, methods and instructional strategies |
25 | based on scientific research, including: |
26 | (1) Methods of improving the academic performance of |
27 | students in any subject area for which an academic |
28 | performance target has been established and has not been met. |
29 | (2) Methods of improving the academic performance of |
30 | students identified having disabilities or limited English |
|
1 | proficiency. |
2 | (3) Parental involvement programs and policies. |
3 | (4) Classroom instructional strategies. |
4 | (5) Curriculum redesign. |
5 | (6) School safety. |
6 | (7) Tutoring programs. |
7 | Section 1708-C. Responsibilities of department. |
8 | The department shall: |
9 | (1) Provide written notification to a school district or |
10 | school that has been designated for warning, improvement or |
11 | corrective action and to any school district in which a |
12 | school has been designated. |
13 | (2) Publish the annual report on the department's |
14 | Internet website by August 15 of each year and notify |
15 | intermediate units, school districts and schools of the |
16 | publication. |
17 | (3) Establish guidelines for the provision of technical |
18 | assistance to school districts and schools. The guidelines |
19 | shall include provisions to ensure that the lowest performing |
20 | school districts and schools receive first priority. |
21 | (4) Establish guidelines explaining how requisite |
22 | achievement on English language proficiency testing will be |
23 | measured. |
24 | (5) Establish and provide professional education |
25 | courses, programs, activities or learning experiences under |
26 | section 1205.2(f) specific to classroom strategies to improve |
27 | the academic performance of students in content areas subject |
28 | to the Pennsylvania System of School Assessment test, the |
29 | Keystone Exam, an equivalent local assessment or any other |
30 | test established by the State Board of Education to meet the |
|
1 | requirements of section 2603-B(d)(10)(i). |
2 | (6) Provide academic assistance, including strategic |
3 | interventions and technical assistance, when a school |
4 | district or school is designated for corrective action in |
5 | accordance with provisions of the State plan. |
6 | (7) Annually review improvement plans required under |
7 | section 1704-C. |
8 | (8) Annually review and approve, approve with |
9 | modifications or disapprove corrective action plans required |
10 | under sections 1705-C and 1706-C. |
11 | (9) Design the parental petition permitted under section |
12 | 1706-C(e), establish instructions for filing the petition and |
13 | make the petition and instructions available on the |
14 | department's publicly accessible Internet website. |
15 | (10) Review and approve, approve with modifications or |
16 | disapprove the parental petition permitted under section |
17 | 1706-C(e) or (f)(3) and oversee the implementation of an |
18 | approved petition. |
19 | (11) Publish standards necessary to implement this |
20 | article. |
21 | Section 1709-C. Continuing professional development. |
22 | (a) Amendment of plan.-- |
23 | (1) A school district or school that failed to meet one |
24 | or more of the proficiency targets in the prior school year |
25 | shall convene the committee established under section |
26 | 1205.1(b) for the purpose of amending its professional |
27 | education plan. The amended professional education plan shall |
28 | specify continuing professional education options designed to |
29 | assist in the achievement of academic performance objectives. |
30 | The options may include: |
|
1 | (i) Methods of improving the academic performance of |
2 | students in any subject area in which a school or schools |
3 | have failed to meet the proficiency target. |
4 | (ii) Methods of improving the academic performance |
5 | of any student subgroup that has failed to meet a |
6 | proficiency target. |
7 | (2) The amended plan shall be approved by the applicable |
8 | improvement team and the board of school directors. If the |
9 | school district is operated by an alternative governing body, |
10 | the alternative governing body, rather than the board of |
11 | school directors, shall approve the plan. |
12 | (b) Approval of credits or hours.--In the case of a school |
13 | district or school that failed to meet one or more of the |
14 | proficiency targets in the prior school year: |
15 | (1) The plan required under section 1205.1(c) shall |
16 | specify the content of any credits or hours to be obtained |
17 | through the in-service program of the school district or |
18 | school. |
19 | (2) Credits or hours earned under section 1205.2(c)(1), |
20 | (2), (3) and (4) must be approved by the superintendent, |
21 | executive director or chief executive officer of the school |
22 | district or school as fulfilling the goal of the approved |
23 | professional education plan of the school district or school. |
24 | (c) Applicability.--For the purposes of this section, |
25 | "proficiency target" shall be defined as the percentage of |
26 | students who score proficient or advanced on the Pennsylvania |
27 | System of School Assessment test, the Keystone Exam, an |
28 | equivalent local assessment or any other test established by the |
29 | State Board of Education to meet the requirements of section |
30 | 2603(d)(10)(i) in the particular school year. |
|
1 | Section 1710-C. Prohibition of strikes. |
2 | Notwithstanding the provisions of Article XI-A, strikes shall |
3 | be prohibited in any school district designated for improvement |
4 | I, improvement II, corrective action I or corrective action II. |
5 | The prohibition shall remain effective until the school district |
6 | has made adequate yearly progress for two consecutive years or, |
7 | in the case of a school district governed by a school reform |
8 | commission, until the school reform commission is disbanded |
9 | pursuant to section 1706-C(f)(5). |
10 | Section 1711-C. Conversion to charter school. |
11 | Notwithstanding the provisions of Article XVII-A, the |
12 | following shall apply to a school district designated for |
13 | warning, improvement I, improvement II, corrective action I or |
14 | corrective action II under this article that elects to convert |
15 | one or more existing schools to a charter school: |
16 | (1) A school district may establish a nonprofit |
17 | corporation for the purpose of converting an existing school |
18 | to a charter school. |
19 | (2) The school district shall publish notice of its |
20 | intention to convert an existing school to a charter school. |
21 | The notice shall be published one time in a newspaper of |
22 | general circulation in the school district. A 30-day public |
23 | comment period shall follow publication of the notice. |
24 | (3) The board of school directors of the school district |
25 | may determine to convert an existing school to a charter |
26 | school at its next public meeting following the close of the |
27 | public comment period required under paragraph (2). Upon the |
28 | affirmative vote of a majority of the members of the board of |
29 | school directors present at the public meeting, the school |
30 | district may grant a charter to a nonprofit corporation |
|
1 | established by the school district under paragraph (1) or to |
2 | any individual, group of individuals or entity permitted to |
3 | establish a charter school under section 1717-A(a). |
4 | (4) An individual authorized to establish a charter |
5 | school or the board of directors of an entity authorized to |
6 | establish a charter school shall establish a board of |
7 | trustees to govern the charter school. |
8 | (5) The charter school may enter contracts with the |
9 | local school district for the procurement of services, |
10 | equipment and supplies. |
11 | (6) Notwithstanding provisions of section 1714-A(c) to |
12 | the contrary, any indebtedness incurred by a charter school |
13 | formed under this section in the exercise of the powers |
14 | specified in section 1714-A may be guaranteed by the school |
15 | district, subject to the limitations of 53 Pa.C.S. Chs. 81 |
16 | (relating to incurring debt and issuing bonds and notes) and |
17 | 82 (relating to miscellaneous provisions). |
18 | (7) The following provisions shall not apply to a |
19 | charter school established under this section: |
20 | (i) Section 751(c) which requires compliance with |
21 | the act of March 3, 1978 (P.L.6, No.3), known as the |
22 | Steel Products Procurement Act. |
23 | (ii) The Steel Products Procurement Act. |
24 | (iii) The act of August 15, 1961 (P.L.987, No.442), |
25 | known as the Pennsylvania Prevailing Wage Act. |
26 | (iv) Section 1 of the act of May 1, 1913 (P.L.155, |
27 | No.104), referred to as the Separations Act. |
28 | Section 1712-C. Nonrenewal or termination of a charter. |
29 | (a) Closure.--Notwithstanding the provisions of section |
30 | 1729-A, a school district in which a charter school is |
|
1 | designated for corrective action I or corrective action II may |
2 | close the charter school immediately following the designation. |
3 | In these circumstances, the school district shall provide the |
4 | charter school with immediate notice of the decision of the |
5 | board of school directors to close the charter school. |
6 | (b) Notice and public hearing.--Immediately following |
7 | closure of the charter school under this section, the school |
8 | district shall provide the charter school with the notice and |
9 | public hearing required under section 1729-A(c). |
10 | (c) Students.--When a charter is revoked under subsection |
11 | (a), a student who attended the charter school shall apply to |
12 | another public school in the student's school district of |
13 | residence. Normal application deadlines will be disregarded |
14 | under these circumstances. |
15 | Section 1713-C. Regulations. |
16 | The State Board of Education may issue regulations to |
17 | implement this article. |
18 | Section 1714-C. Construction. |
19 | Nothing in this article shall be construed to supersede the |
20 | following: |
21 | (1) A requirement of the No Child Left Behind Act of |
22 | 2001 (Public Law 107-110, 115 Stat. 1425). |
23 | (2) A provision of a collective bargaining agreement in |
24 | effect on the effective date of this article, except that: |
25 | (i) No collective bargaining agreement entered into |
26 | after the effective date of this article shall supersede |
27 | or preempt the powers of the department or a school |
28 | district under the No Child Left Behind Act of 2001 or |
29 | under this article. |
30 | (ii) A school district or school designated for |
|
1 | warning, improvement or corrective action and subject to |
2 | a collective bargaining agreement may renegotiate its |
3 | collective bargaining agreement or enter into a |
4 | memorandum of understanding under the collective |
5 | bargaining agreement. |
6 | Section 3. This act shall take effect immediately. |
7 | Section 1. The definitions of "academic performance target" | <-- |
8 | and "warning" in section 102 of the act of March 10, 1949 |
9 | (P.L.30, No.14), known as the Public School Code of 1949, |
10 | amended December 23, 2003 (P.L.304, No.48), are amended to read: |
11 | Section 102. Definitions.--When used in this act the |
12 | following words and phrases shall have the following meanings: |
13 | "Academic performance target." A percentage of students in a |
14 | school or school district required to [score at a level equal to |
15 | or above proficient] achieve a minimum score determined by the |
16 | department in those subject areas assessed through a PSSA test, |
17 | the Keystone exam, an equivalent local assessment or another |
18 | test established by the State Board of Education to meet the |
19 | requirements of section 2603-B(d)(10)(i) and required under the |
20 | No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. |
21 | 1425) [in order to achieve adequate yearly progress pursuant to] |
22 | or its successor Federal statute or required to achieve other |
23 | standards established by the department for the school or school |
24 | district under 22 Pa. Code § 403.3 (relating to single |
25 | accountability system). |
26 | * * * |
27 | "Warning." Classification as provided in 22 Pa. Code § 403.3 |
28 | (relating to single accountability system) or successor |
29 | standards promulgated by the department indicating that a school |
30 | or school district has failed to [make] meet its academic |
|
1 | performance targets established by the department for one year. |
2 | Section 2. The act is amended by adding an article to read: |
3 | ARTICLE XVII-C |
4 | 2010 EDUCATION EMPOWERMENT ACT |
5 | Section 1701-C. Definitions. |
6 | The following words and phrases when used in this article |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Accountability level 1." Classification as provided in 22 |
10 | Pa. Code § 403.3 (relating to single accountability system), or |
11 | successor standards promulgated by the department, indicating |
12 | that a school or school district failed to meet the academic |
13 | performance targets established by the department for two |
14 | consecutive years or for three consecutive years in the same |
15 | academic subject and for the same student subgroup. |
16 | "Accountability level 2." Classification as provided in 22 |
17 | Pa. Code § 403.3 (relating to single accountability system), or |
18 | successor standards promulgated by the department, indicating |
19 | that a school or school district failed to meet the academic |
20 | performance targets established by the department for four, |
21 | five, six, seven or eight consecutive years in the same academic |
22 | subject and for the same student subgroup. |
23 | "Accountability level 3." Classification as provided in 22 |
24 | Pa. Code § 403.3 (relating to single accountability system), or |
25 | successor standards promulgated by the department, indicating |
26 | that a school or school district failed to meet the academic |
27 | performance targets established by the department for at least |
28 | nine consecutive years in the same academic subject and for the |
29 | same student subgroup. |
30 | "Department." The Department of Education of the |
|
1 | Commonwealth. |
2 | "Education empowerment list." Those school districts that, |
3 | on the day prior to the effective date of this article, were |
4 | designated by the secretary as having a history of low test |
5 | performance or a history of financial distress or as a |
6 | Commonwealth partnership school district under section 1703-B. |
7 | "Governing body." The term shall include the following: |
8 | (1) The board of school directors of a school district. |
9 | (2) The board of trustees of a charter school. |
10 | (3) The joint operating committee of a comprehensive |
11 | vocational-technical school. |
12 | "History of low test performance." A combined average of 50% |
13 | or more of students scoring in the bottom measured group of 25% |
14 | in math and reading on the Pennsylvania System of School |
15 | Assessment test, an equivalent local assessment or any other |
16 | test established by the State Board of Education to meet the |
17 | requirements of section 2603-B(d)(10)(i), in the most recent two |
18 | school years for which scores are available. |
19 | "Improvement plan." A school-level or school district's plan |
20 | established in accordance with section 1704-C designed to |
21 | improve the academic performance of a school or a school |
22 | district designated for accountability level 1, 2 or 3. |
23 | "Making progress." The status of a school or school district |
24 | designated for accountability level 1, 2 or 3 in a school year |
25 | that meets the academic performance targets established by the |
26 | department in the subsequent and most recent school year. |
27 | "School." A public school in this Commonwealth, including a |
28 | charter school, a cyber charter school and a comprehensive area |
29 | vocational-technical school. |
30 | "School year." The period of time elapsing between the |
|
1 | opening of the public schools in the fall of one year and the |
2 | closing of the public schools in the spring of the following |
3 | year. |
4 | "Secretary." The Secretary of Education of the Commonwealth. |
5 | "Standards aligned system." A comprehensive approach to |
6 | supporting student achievement as designed and approved by the |
7 | Department of Education that includes standards, assessments, a |
8 | curriculum framework, instruction, resources and materials and |
9 | interventions. |
10 | "State plan." The plan for the implementation of the No |
11 | Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. |
12 | 1425) or its successor Federal statute approved by the United |
13 | States Department of Education. |
14 | "State test." The Pennsylvania System of School Assessment |
15 | test, the Keystone Exam, an equivalent local assessment or any |
16 | other test established by the State Board of Education to meet |
17 | the requirements of section 2603-B(d)(10)(i) and required under |
18 | the No Child Left Behind Act of 2001 (Public Law 107-110, 115 |
19 | Stat. 1425), or its successor Federal statute, or required to |
20 | achieve other standards established by the department for the |
21 | school or school district pursuant to 22 Pa. Code § 403.3 |
22 | (relating to single accountability system). |
23 | "Student subgroup." One of the specific groups of students |
24 | for which academic performance is measured separately under |
25 | section 1111(b)(2)(C)(v)(II) of the No Child Left Behind Act of |
26 | 2001 (Public Law 107-110, 115 Stat. 1425), or its successor |
27 | Federal statute. |
28 | "Value added assessment system." A statistical analysis of |
29 | results on the Pennsylvania System of School Assessment test, |
30 | the Keystone Exam, an equivalent local assessment or any other |
|
1 | test established by the State Board of Education to meet the |
2 | requirements of section 2603-B(d)(10)(i) pursuant to 22 Pa. Code |
3 | § 403.3 (relating to single accountability system). |
4 | Section 1702-C. Designation of school districts and schools. |
5 | (a) Annual report.--By July 1 of each school year, the |
6 | department shall issue electronically an annual report that |
7 | shall do the following: |
8 | (1) Identify the schools and school districts that have |
9 | met academic performance targets for all students and for |
10 | each student subgroup for the immediately preceding school |
11 | year. A school or school district shall be deemed to have met |
12 | academic performance targets where the minimum percentage of |
13 | students in a school or school district achieves a minimum |
14 | score on the State test. A school or school district may also |
15 | be deemed to have met academic performance targets where the |
16 | school or school district has demonstrated significant growth |
17 | in student achievement as set forth in the State plan over |
18 | the previous school year based on value added assessment |
19 | system data. |
20 | (2) Identify the schools and school districts that have |
21 | and have not met academic performance targets for all |
22 | students and for each student subgroup for the immediately |
23 | preceding school year. |
24 | (3) Designate the schools and school districts |
25 | referenced in paragraph (2) for classification in one of the |
26 | following categories: |
27 | (i) Achieving. |
28 | (ii) Warning. |
29 | (iii) Accountability level 1. |
30 | (iv) Accountability level 2. |
|
1 | (v) Accountability level 3. |
2 | (vi) Making progress. |
3 | (b) Requirements.--Except as otherwise provided in this |
4 | article, each school district, charter school, cyber charter |
5 | school or comprehensive area vocational-technical school |
6 | designated for warning or accountability level 1, 2 or 3 and |
7 | each school district in which a school is designated for warning |
8 | or accountability level 1, 2 or 3 shall: |
9 | (1) Publish a performance data report and distribute the |
10 | report to parents of students attending the school district |
11 | or school. |
12 | (2) Establish a parental advisory committee if one does |
13 | not currently exist. |
14 | (3) Require each member of the governing body to |
15 | complete an instructional course designed or approved by the |
16 | department. The member shall complete the course within nine |
17 | months following the designation or, for a member elected to |
18 | the governing body following the designation, within nine |
19 | months after election. The instructional course shall: |
20 | (i) Provide instruction in development and |
21 | implementation of a school improvement plan, data-driven |
22 | decision making, school improvement models, school |
23 | budgeting procedures, school finance, collective |
24 | bargaining, the academic standards required by 22 Pa. |
25 | Code Ch. 4 (relating to academic standards and |
26 | assessment), the requirements of the No Child Left Behind |
27 | Act or its successor Federal statute, methods of |
28 | assessment and accountability and other subjects the |
29 | department may require. |
30 | (ii) Provide information on the various educational |
|
1 | and community programs available within the school |
2 | district or school that are not sponsored or operated by |
3 | the school district or school. |
4 | (iii) Consist of no fewer than 30 hours of |
5 | instruction. |
6 | (4) Conduct a data-driven examination of deficiencies in |
7 | academic performance, school climate and school safety. |
8 | (c) Making progress designation.--A school district or |
9 | school designated for warning or accountability level 1, 2 or 3 |
10 | that meets its academic performance targets in the same academic |
11 | subject and for the same student subgroup in the school year |
12 | following the designation shall be designated as making |
13 | progress. The improvement team and improvement plan established |
14 | under this article shall remain in place for the school year |
15 | following this designation. |
16 | (d) Reversion.--A school district or school designated as |
17 | making progress under subsection (c) that fails to meet its |
18 | academic performance targets in the same academic subject and |
19 | for the same student subgroup for the school year following the |
20 | making progress designation shall revert to its prior year's |
21 | designation. |
22 | Section 1703-C. Improvement teams. |
23 | (a) Establishment.--School districts and schools designated |
24 | for accountability level 1 or 2 shall establish an improvement |
25 | team in accordance with the provisions of this section. |
26 | (b) School districts.--The board of school directors, in |
27 | consultation with the superintendent of the school district and |
28 | subject to the approval of the department, shall appoint a |
29 | school district improvement team comprised of at least eight |
30 | members as follows: |
|
1 | (1) A teacher employed by the school district selected |
2 | by a majority of the teachers in the district. |
3 | (2) An administrator employed by the school district. |
4 | (3) A member of the board of school directors of the |
5 | school district. |
6 | (4) No fewer than two parents of students enrolled in |
7 | the school district. |
8 | (5) A member of the school district's pupil services |
9 | staff. |
10 | (6) Additional members of the improvement team may |
11 | include: |
12 | (i) Staff members from the intermediate unit of |
13 | which the school district is a member. |
14 | (ii) Teachers employed by other school districts. |
15 | (iii) Administrators employed by other school |
16 | districts. |
17 | (iv) School board members from other school |
18 | districts. |
19 | (v) Faculty members from colleges and universities |
20 | in this Commonwealth with particular expertise in school |
21 | improvement. |
22 | (vi) Local business representatives. |
23 | (vii) Community leaders. |
24 | The board of school directors shall select one of the members as |
25 | chairperson of the improvement team. |
26 | (c) Composition.--A school improvement team for a charter |
27 | school, cyber charter school, comprehensive vocational-technical |
28 | school or individual school within a school district shall be |
29 | comprised of at least six and no more than ten members. |
30 | Appointments to the improvement team shall be made by the |
|
1 | governing body in consultation with the school principal and the |
2 | superintendent of the school district or the chief school |
3 | administrator of the school. Members of the improvement team |
4 | shall include: |
5 | (1) A teacher from the school selected by a majority of |
6 | all teachers in the school. |
7 | (2) An administrator from the school. |
8 | (3) A local business representative. |
9 | (4) A community leader. |
10 | (5) No fewer than two parents of students enrolled in |
11 | the school. |
12 | (6) Outside experts who have knowledge and experience to |
13 | address specific needs of the school. |
14 | (7) In the case of a charter school or cyber charter |
15 | school, the improvement team shall include a representative |
16 | from the governing body or administration of the chartering |
17 | entity. |
18 | (d) Powers and duties of improvement team.--An improvement |
19 | team for a school district or school shall have the following |
20 | powers and duties: |
21 | (1) To design, revise or modify an improvement plan in |
22 | accordance with the provisions of this article. |
23 | (2) To begin implementing the improvement plan in |
24 | accordance with the provisions of this article. |
25 | (3) To provide periodic reports on the implementation of |
26 | the improvement plan to the governing body and the |
27 | intermediate unit serving the school district or school. |
28 | (4) To meet periodically to review implementation of the |
29 | improvement plan. |
30 | (5) To seek technical assistance from the department or, |
|
1 | in the case of a school, from the school district in the |
2 | design and implementation of the plan. |
3 | (6) To recognize and encourage continued achievement of |
4 | those schools and students meeting academic performance |
5 | targets. |
6 | (e) Retention of the improvement team.--The following shall |
7 | apply: |
8 | (1) The improvement team shall remain in place during |
9 | the time period a school district or school is designated for |
10 | accountability level 1 or 2. The governing body may replace |
11 | members of the improvement team at its discretion, subject to |
12 | the provisions of this section and with the approval of the |
13 | department. |
14 | (2) The improvement team may disband when the school |
15 | district or school has met its academic performance targets |
16 | in the same academic subject and for the same student |
17 | subgroup for two consecutive school years. The school |
18 | district or school may elect to keep the improvement team in |
19 | place for as long as the school district or school deems |
20 | necessary to continue to meet academic performance targets. |
21 | Section 1704-C. Improvement plans. |
22 | (a) Options.--When a school district or school is designated |
23 | for accountability level 1 or 2, the improvement team shall |
24 | develop, revise or modify an improvement plan in accordance with |
25 | the provisions of this article. A school district or school |
26 | designated for warning may develop and implement an improvement |
27 | plan, which includes improvement strategies that the governing |
28 | body deems necessary to improve the academic performance, school |
29 | climate or safety of the school district or school. |
30 | (b) Requirements.--The improvement plan for a school |
|
1 | district or school designated for accountability level 1, 2 or 3 |
2 | shall do all of the following: |
3 | (1) Describe the academic achievement problem or |
4 | problems that caused the accountability designation, |
5 | including, but not limited to, the student subgroups that |
6 | failed to meet an academic performance target. The plan shall |
7 | analyze the underlying reason, explanation or cause for the |
8 | designation and shall include specific references to |
9 | supporting student achievement data. |
10 | (2) Analyze the effectiveness of the current practices |
11 | of the school district or school in the areas of curriculum, |
12 | teaching techniques, school climate, school leadership, |
13 | staffing and the use of time, technology and resources. |
14 | (3) State measurable annual objectives for continuous |
15 | and substantial progress for each subgroup identified in |
16 | paragraph (1). |
17 | (4) For each of the areas identified in paragraph (1), |
18 | describe an improvement program that complies with |
19 | subsections (c), (d), (e) and (f). |
20 | (c) Improvement strategies.--The plan shall describe |
21 | strategies for achieving the academic performance objectives |
22 | identified under subsection (b)(3), as well as strategies for |
23 | encouraging and addressing the needs of those students who are |
24 | currently meeting academic performance targets. The plan shall |
25 | require the school district or school to do all of the |
26 | following: |
27 | (1) Publish a performance data report and distribute the |
28 | report to all parents of students attending the school |
29 | district or school. |
30 | (2) In a school district, design and implement a program |
|
1 | that will allow a student attending a school designated for |
2 | accountability level 1, 2 or 3 to transfer to another school |
3 | that is not designated for accountability level 1, 2 or 3 |
4 | within the same school district, upon the request of a |
5 | parent. The program must be consistent with the No Child Left |
6 | Behind Act of 2001 or its successor Federal statute. |
7 | (3) Participate in an on-site review by a team appointed |
8 | by the department to identify specific strategies directly |
9 | targeted to the improvement of the school district or school. |
10 | (4) Work with a curriculum committee appointed by the |
11 | department from the intermediate unit of which the school |
12 | district or school is a member. The curriculum committee |
13 | shall assist the school district or school with curriculum |
14 | development, assist principals and teachers in presenting the |
15 | curriculum and meet with principals monthly to review |
16 | progress. |
17 | (5) Design and implement a program to recognize and |
18 | reward parents for their efforts in helping to educate their |
19 | children. |
20 | (6) Amend its professional education plan required under |
21 | section 1205.1 as follows: |
22 | (i) To specify and require completion of continuing |
23 | professional education programs or mentoring on |
24 | instructional practices for principals and teachers that |
25 | shall address the academic performance objectives of the |
26 | school district or school and the deficiencies identified |
27 | by student performance data or teacher evaluations. |
28 | (ii) To address collaborative professional |
29 | development for all professional educators employed by |
30 | the school district or school to be included in each |
|
1 | school day. |
2 | (iii) To train and support professional educators in |
3 | the use of real time data to develop specific |
4 | instructional practices. |
5 | (iv) To train and support professional educators in |
6 | the use and implementation of a standards aligned system. |
7 | (7) Evaluate whether the school district or school has |
8 | the resources to reduce class sizes in classrooms that fail |
9 | to meet performance targets. If resources are available, the |
10 | school district or school may undertake class-size |
11 | reductions. |
12 | (8) Offer tutoring programs to students whose most |
13 | recent results on the Pennsylvania System of School |
14 | Assessment test, the Keystone Exam, an equivalent local |
15 | assessment or any other test established by the State Board |
16 | of Education to meet the requirements of section 2603-B(d) |
17 | (10)(i) were below proficient. |
18 | (9) Recognizing each child's need for a safe learning |
19 | environment, engage an external person or organization to |
20 | conduct a school climate and school safety audit of the |
21 | school district or school and take actions that the governing |
22 | body deems necessary to improve school safety. |
23 | (10) In a school district or school designated for |
24 | accountability level 2 or 3, require principals to |
25 | participate in training in instructional leadership approved |
26 | by the department within six months following the |
27 | designation. A principal that is hired following the |
28 | designation shall participate in the training within six |
29 | months following the date of hire. |
30 | (d) Optional strategies.--In addition to the strategies |
|
1 | required under subsection (c), the plan may require the school |
2 | district or school to do any of the following: |
3 | (1) Convert a school to a charter school subject to the |
4 | provisions of this article. |
5 | (2) Contract with an education management organization |
6 | to manage the school district or a school. |
7 | (3) Negotiate a memorandum of understanding under the |
8 | current collective bargaining agreement regarding terms of |
9 | employment. |
10 | (4) Dismiss or demote school principals and teachers who |
11 | fail to meet performance expectations pursuant to the |
12 | procedures under Article XI. |
13 | (5) Notwithstanding any other provision of this act, any |
14 | or all of the following: |
15 | (i) Implement systems of performance-based |
16 | compensation for any or all of the following: |
17 | (A) Chief school administrators. |
18 | (B) School principals. |
19 | (C) Teachers. |
20 | (ii) Offer financial incentives to either or both of |
21 | the following: |
22 | (A) Teachers certified in areas of shortage as |
23 | determined by the governing body. |
24 | (B) Teachers who accept high-need assignments as |
25 | determined by the governing body. |
26 | (iii) Reassign principals and teachers to meet the |
27 | needs of the school district or school. |
28 | (iv) Assign a teacher to a school or class based on |
29 | the needs of the school district or school and the |
30 | competencies of the teacher as determined by the |
|
1 | governing body. |
2 | (v) Design and implement multimeasure performance |
3 | evaluation processes for either or both of the following: |
4 | (A) Principals. |
5 | (B) Teachers. |
6 | (vi) Design and implement a system to award tenure |
7 | on the basis of teacher performance evaluations |
8 | notwithstanding the teacher's number of years of |
9 | classroom teaching experience. |
10 | (vii) Petition the department for a certificate that |
11 | would allow a presently uncertified individual meeting |
12 | education and work experience requirements established by |
13 | the department to teach in a shortage area. |
14 | (viii) Establish and implement intensive training, |
15 | induction or mentoring programs for either or both of the |
16 | following: |
17 | (A) Principals. |
18 | (B) Teachers. |
19 | (ix) Contract with a national nonprofit organization |
20 | that recruits, selects, trains and supports new teachers |
21 | and has a proven, research-based record of effectiveness |
22 | in raising the achievement levels of low-income students |
23 | using a data-driven approach to teaching and learning. |
24 | (6) Negotiate a new collective bargaining agreement. |
25 | (7) Assist a student in locating external agencies that |
26 | provide social services needed by the student. |
27 | (8) Award scholarships for higher education to students |
28 | who meet academic requirements established by the school |
29 | district or school. The school district or school may solicit |
30 | and accept contributions from the public for this purpose. |
|
1 | This provision shall not be construed to create a scholarship |
2 | funded by the Commonwealth. |
3 | (9) Contract with a college or university teacher |
4 | preparation program to review the programs of the school |
5 | district or school, make recommendations for improvement and |
6 | assist the school district or school in implementing changes |
7 | in practices. |
8 | (10) Reallocate resources. |
9 | (11) Amend procedures. |
10 | (12) Restructure buildings, staffing plans and |
11 | educational programs. |
12 | (13) Close one or more schools. |
13 | (14) Notwithstanding any other provision of this act, |
14 | either or both of the following: |
15 | (i) Focus its instructional strategies on reading, |
16 | mathematics and science. |
17 | (ii) Design a core curriculum for use in all schools |
18 | in a school district. |
19 | (15) Establish an accelerated learning academy or summer |
20 | academy for any student who scored below proficient or did |
21 | not meet a performance objective established or approved by |
22 | the department on the student's most recent Pennsylvania |
23 | System of School Assessment test, Keystone Exam, equivalent |
24 | local assessment or any other test established by the State |
25 | Board of Education to meet the requirements of section 2603- |
26 | B(d)(10)(i). |
27 | (16) Monitor and support the progress of students |
28 | transitioning from one grade level to another. |
29 | (17) Assign one teacher or a group of teachers to a |
30 | group of students over multiple years. |
|
1 | (18) Enter into a memorandum of understanding with the |
2 | police department having jurisdiction over the school |
3 | district or the school to address school safety. |
4 | (19) Establish or amend a code of conduct which may |
5 | include the following: |
6 | (i) Increased sanctions for student misconduct. |
7 | (ii) Increased principal and teacher authority to |
8 | enforce rules of conduct. |
9 | (iii) Examples of appropriate and inappropriate |
10 | conduct. |
11 | (iv) Specific negative consequences for |
12 | inappropriate conduct. |
13 | (20) Implement restorative practices as a means of |
14 | reducing violence, bullying and misbehavior and transforming |
15 | school climate to create a more positive educational |
16 | environment. |
17 | (21) In a school district, design and implement an |
18 | interdistrict school choice program for all students in |
19 | cooperation with one or more other school districts served by |
20 | the intermediate unit of which the school district is a |
21 | member or with a contiguous school district. |
22 | (22) Implement an instructional and intervention model |
23 | to identify and support struggling students. |
24 | (23) Appoint a chief turnaround officer to assist school |
25 | principals in implementing improvement strategies. |
26 | (e) Additional elements.--The following shall apply: |
27 | (1) The plan may include additional elements that the |
28 | governing body deems necessary to improve the academic |
29 | performance of the school district or school, including |
30 | programs or strategies that encourage continued student |
|
1 | achievement and community service programs. |
2 | (2) The plan shall include additional elements that the |
3 | department deems necessary to satisfy the requirements of |
4 | section 1116(b)(3) of the No Child Left Behind Act of 2001 or |
5 | its successor Federal statute as it applies to a school or |
6 | section 1116(c)(7)(a) of the No Child Left Behind Act of 2001 |
7 | or its successor Federal statute as it applies to a school |
8 | district. |
9 | Section 1705-C. Governing body. |
10 | The governing body of a school district or school designated |
11 | for accountability level 1, 2 or 3 shall: |
12 | (1) With the exception of school districts or schools |
13 | designated for accountability level 3, review and approve, |
14 | approve with modifications or disapprove the improvement plan |
15 | in accordance with the provisions of this article. |
16 | (2) Take actions necessary to implement the improvement |
17 | plan in accordance with the provisions of this article. |
18 | (3) Ensure that parents are notified of the school |
19 | district or school designation to the extent and in the |
20 | manner required under section 1116(b) and (c) of the No Child |
21 | Left Behind Act of 2001 or its successor Federal statute. |
22 | (4) Establish an intradistrict school choice program for |
23 | students in any school in the school district that has been |
24 | designated for accountability level 1, 2 or 3. The program |
25 | must satisfy the requirements of the No Child Left Behind Act |
26 | of 2001 or its successor Federal statute. |
27 | (5) Establish a tutoring program for students in a |
28 | school that is designated for a second year of accountability |
29 | level 1 or for accountability level 2 or 3. For schools |
30 | designated as Title I schools, tutoring programs shall |
|
1 | include supplemental educational services under section |
2 | 1116(e) of the No Child Left Behind Act of 2001 or its |
3 | successor Federal statute. Schools that do not receive |
4 | funding under Title I of the Elementary and Secondary |
5 | Education Act of 1965 (Public Law 89-10, 20 U.S.C. Ch. 63, et |
6 | seq.) shall provide parents with information on the |
7 | availability of other tutoring programs offered by the school |
8 | district. |
9 | Section 1706-C. Accountability level 1. |
10 | (a) Appointment.--Within 30 days of being identified under |
11 | section 1702-C for accountability level 1, the governing body |
12 | shall appoint an improvement team in accordance with section |
13 | 1703-C. |
14 | (b) Plan.--Within 75 days of being identified under section |
15 | 1702-C, the improvement team for each school district or school |
16 | shall present an improvement plan to the governing body. The |
17 | governing body shall approve, approve with modifications or |
18 | disapprove the improvement plan within 15 days of receiving the |
19 | plan. On the first business day following approval of the plan, |
20 | the governing body shall present the plan to the department and |
21 | to the intermediate unit assigned by the department to conduct |
22 | an anonymous review of the plan. The department and the |
23 | intermediate unit shall approve, approve with modifications or |
24 | disapprove the improvement plan within 30 days following receipt |
25 | of the plan for review. The governing body shall modify and |
26 | resubmit the plan to the department and the intermediate unit |
27 | until the plan is approved without modifications by the |
28 | department and the intermediate unit. |
29 | (c) Implementation.--The improvement team shall begin |
30 | implementing the improvement plan within three business days |
|
1 | following receipt of the approval of the department and |
2 | intermediate unit assigned by the department to review the plan. |
3 | Section 1707-C. Accountability level 2. |
4 | (a) Improvement plan.--Within 30 days of being identified |
5 | under section 1702-C for accountability level 2, the improvement |
6 | team shall present a revised improvement plan to the governing |
7 | body for approval. |
8 | (b) Objectives.--Based on an analysis of the data provided |
9 | under section 1704-C(b)(1) and (2), the improvement team shall |
10 | set forth its improvement program for each of the areas set |
11 | forth in section 1704-C(b)(1). The improvement program shall set |
12 | forth academic performance objectives for each area. |
13 | (c) Strategies.--The revised plan for a school district or |
14 | school shall include specific strategies for achieving the |
15 | academic performance objectives identified in the improvement |
16 | plan as follows: |
17 | (1) A school district designated for accountability |
18 | level 2 shall take at least one of the following actions: |
19 | (i) Implement a new curriculum aligned with state |
20 | academic standards and provide staff development that |
21 | will enhance the effectiveness of the new curriculum. |
22 | (ii) Terminate or demote the principals and teachers |
23 | who have failed to meet their performance targets |
24 | pursuant to the procedures required by Article XI. |
25 | (2) A charter school, cyber charter school or |
26 | comprehensive vocational-technical school designated for |
27 | accountability level 2 or a school district in which an |
28 | individual school is designated for accountability level 2 |
29 | shall take at least one of the actions listed in section |
30 | 1116-A(b)(7)(C)(iv) or its successor Federal statute. The |
|
1 | school district or school may terminate or demote the |
2 | principals and teachers who have failed to meet their |
3 | performance targets, provided that the action is undertaken |
4 | pursuant to the procedures required by Article XI. |
5 | (3) The plan shall include the strategies required under |
6 | section 1704-C(c). |
7 | (4) The plan may include the strategies permitted under |
8 | section 1704-C(d). |
9 | (d) Duties of the governing body.--The governing body shall |
10 | review and approve, approve with modifications or disapprove the |
11 | revised improvement plan required under this section and submit |
12 | the plan to the department and the intermediate unit appointed |
13 | by the department to review the improvement plan within 60 days |
14 | of the publication of the annual report required under section |
15 | 1702-C. The department and the intermediate unit shall review |
16 | the plan and approve, approve with modifications or disapprove |
17 | the plan within 30 days after receiving it for review. The |
18 | revised improvement plan approved by the department and the |
19 | intermediate unit shall constitute the revised accountability |
20 | level 2 improvement plan. |
21 | Section 1708-C. Accountability level 3. |
22 | (a) Board.--A school district, a charter school, cyber |
23 | charter school or comprehensive vocational-technical school |
24 | designated for accountability level 3 shall be placed under the |
25 | oversight of a Statewide academic accountability board appointed |
26 | and serving in accordance with the following provisions: |
27 | (1) The Statewide academic accountability board shall |
28 | have three members appointed as follows: |
29 | (i) One member appointed by the Governor with the |
30 | advice and consent of the Senate. |
|
1 | (ii) Two members appointed by the President pro |
2 | tempore of the Senate. |
3 | (2) Members appointed pursuant to paragraph (1)(i) and |
4 | (ii) shall serve terms as follows: |
5 | (i) The member appointed by the Governor shall serve |
6 | for an initial term of one year. After the expiration of |
7 | the initial term, the member appointed by the Governor |
8 | shall serve for a term of three years. |
9 | (ii) Each of the members appointed by the President |
10 | pro tempore of the Senate shall serve for a term of three |
11 | years. |
12 | (3) Except as authorized in this subsection and except |
13 | for the Governor's appointee who shall serve at the |
14 | Governor's pleasure, no board member may be removed from |
15 | office during a term. The appointing authority may, upon |
16 | proof by clear and convincing evidence of malfeasance or |
17 | misfeasance in office or neglect of duty, remove a board |
18 | member prior to the expiration of the term. Before a board |
19 | member is removed, that member must be provided with a |
20 | written statement of the reasons for removal and an |
21 | opportunity for a hearing in accordance with 2 Pa.C.S. Chs. 5 |
22 | Subch. A (relating to practice and procedure of Commonwealth |
23 | agencies) and 7 Subch. A (relating to judicial review of |
24 | Commonwealth agency action). |
25 | (4) An appointment to fill a vacancy for the remainder |
26 | of an unexpired term shall be made in the same manner as set |
27 | forth in this subsection. |
28 | (5) Except for the Governor's appointment and except as |
29 | set forth in paragraph (3), a board member shall hold office |
30 | until a successor has been appointed and qualified. Upon |
|
1 | expiration of the term of the Governor's appointment, the |
2 | position shall remain vacant until the Governor appoints a |
3 | successor with the advice and consent of the Senate. |
4 | (6) A board member may serve successive terms. |
5 | (7) To the extent funds are appropriated for the |
6 | purpose, board members shall be reimbursed for reasonable and |
7 | necessary expenses incurred in the performance of their |
8 | official duties. |
9 | (8) The board shall elect a chairperson from the members |
10 | appointed by the President pro tempore of the Senate, who |
11 | shall serve for a term of three years and until a successor |
12 | is elected. The chairperson shall preside at meetings of the |
13 | board and shall execute documents relating to the formal |
14 | actions of the board. |
15 | (9) The board shall meet twice each month and at other |
16 | times as necessary to transact the business of the board. |
17 | Meetings shall be held at times and places set by the |
18 | chairperson. A meeting may be scheduled by the chairperson |
19 | upon the provision of at least five days' notice to all |
20 | members. A member who does not attend three consecutive |
21 | meetings without cause may be removed as a member by the |
22 | authority appointing the member. |
23 | (10) Actions of the Statewide academic accountability |
24 | board shall be by a majority vote. A majority of the board |
25 | members appointed shall constitute a quorum. |
26 | (11) Appointees to the Statewide academic accountability |
27 | board shall not include the following: |
28 | (i) A person holding elected governmental office |
29 | provided that members of an elected school board may be |
30 | appointed. |
|
1 | (ii) A person employed by the Commonwealth. |
2 | (iii) A person who has served on a previous school |
3 | reform commission or board of control. |
4 | (b) Powers of board.--The Statewide academic accountability |
5 | board shall have the following powers: |
6 | (1) With the assistance of an intermediate unit |
7 | appointed by the department, development of the improvement |
8 | plan for each school district, charter school, cyber charter |
9 | school or comprehensive vocational-technical school |
10 | designated for accountability level 3. The Statewide academic |
11 | accountability board shall present the improvement plan to |
12 | the governing body within 60 days following the designation |
13 | of the school district or school for accountability level 3. |
14 | The governing body shall begin to implement the improvement |
15 | plan within three business days following receipt of the plan |
16 | from the Statewide academic accountability board. |
17 | (2) Approval, approval with modifications or disapproval |
18 | of the following actions of the governing body: |
19 | (i) Adoption of the annual budget for the school |
20 | district, charter school, cyber charter school or |
21 | comprehensive vocational-technical school. |
22 | (ii) Employment or termination of a superintendent, |
23 | assistant superintendent, principal or assistant |
24 | principal or the executive director or chief school |
25 | administrator of a charter school, cyber charter school |
26 | or comprehensive vocational-technical school. |
27 | (iii) Negotiation and execution of a new collective |
28 | bargaining agreement. |
29 | (iv) The issuance or refinancing of debt. |
30 | The governing body shall submit a written request for |
|
1 | approval of the action to the Statewide academic |
2 | accountability board prior to taking final action. The |
3 | governing body may not take final action until the Statewide |
4 | academic accountability board has approved the action under |
5 | this section. The governing body shall provide the Statewide |
6 | academic accountability board with all documentation and |
7 | other information reasonably requested by the Statewide |
8 | academic accountability board within three business days of |
9 | receipt of the request. If the Statewide academic |
10 | accountability board does not approve the proposed action |
11 | within 15 days after the request by the governing body or |
12 | within 15 days after the Statewide academic accountability |
13 | board receives supplemental information or documentation |
14 | reasonably requested from the governing body, the proposed |
15 | action of the governing body shall be deemed approved. |
16 | (3) Conversion of a school to a charter school under |
17 | section 1713-C. |
18 | (4) Nonrenewal or termination of a charter under section |
19 | 1714-C. |
20 | (c) Ability to direct.--The Statewide academic |
21 | accountability board may direct the governing body of a school |
22 | district, charter school, cyber charter school or comprehensive |
23 | vocational-technical school designated for accountability level |
24 | 3 to do any of the following: |
25 | (1) Restructure the school district or one or more |
26 | schools. |
27 | (2) Convert one or more schools to charter schools. |
28 | (3) Place the school district or one or more schools |
29 | under the management of an education management organization. |
30 | (4) Close one or more schools. |
|
1 | (5) Dissolve the school district or school. |
2 | The governing body shall begin implementation of any action |
3 | directed by the Statewide academic accountability board within |
4 | three business days following direction by the board. |
5 | (d) Forfeitures.--The department shall order the following |
6 | forfeitures against a school district, charter school, cyber |
7 | charter school or comprehensive vocational-technical school that |
8 | fails to comply with subsection (b) or fails to take the action |
9 | ordered by the Statewide academic accountability board under |
10 | subsection (c): |
11 | (1) $5,000 per day for the first violation. |
12 | (2) $10,000 per day for the second or subsequent |
13 | violation. |
14 | The forfeiture shall continue until the governing body has |
15 | complied with subsection (b) or has taken action directed by the |
16 | Statewide academic accountability board under subsection (c). |
17 | The department shall deduct the amount of the forfeiture from |
18 | any and all State payments made to the school district, charter |
19 | school, cyber charter school or comprehensive vocational- |
20 | technical school. |
21 | (e) Requirements.--The department and the Statewide academic |
22 | accountability board each shall furnish to the other entity, |
23 | upon request, such data and information as the other entity may, |
24 | from time to time, require. To the extent funds are appropriated |
25 | for the purpose, the department shall provide the Statewide |
26 | academic accountability board with the following: |
27 | (1) Professional, administrative and clerical personnel |
28 | as may be necessary to carry out the duties and |
29 | responsibilities of the Statewide academic accountability |
30 | board. |
|
1 | (2) Adequate space and equipment to facilitate the |
2 | activities of the Statewide academic accountability board. |
3 | (f) Termination or demotion.--The following shall apply to |
4 | an appeal of an action by the governing body of a school |
5 | district, charter school or area vocational-technical school |
6 | designated for accountability level 3 to terminate or demote a |
7 | professional employee, notwithstanding provisions of section |
8 | 1131: |
9 | (1) The professional employee shall file the appeal with |
10 | the secretary within 15 days after receipt by registered mail |
11 | of the written notice of the decision of the governing body |
12 | to terminate or demote the professional employee. |
13 | (2) The secretary shall fix a day and time for a hearing |
14 | which shall not be more than 20 days after the appeal is |
15 | filed with the secretary. |
16 | (3) The secretary shall render an opinion on the appeal |
17 | within 20 days after the hearing. |
18 | (g) Petition.--The parents of 51% of students in a school |
19 | district or school designated for accountability level 3 or a |
20 | school district in which a school is designated for |
21 | accountability level 3 may petition the governing body to take |
22 | one of the following actions: |
23 | (1) Contract with an education management organization |
24 | to manage the school district or a school. |
25 | (2) Convert a school to a charter school. |
26 | (3) Close a school. |
27 | (4) Enter into agreements with persons or for-profit or |
28 | nonprofit organizations providing educational or other |
29 | services to or for the school district or school. |
30 | (h) Procedure.--A governing body that receives a petition |
|
1 | under subsection (g) shall submit a copy of the petition to the |
2 | Statewide academic accountability board on the next business day |
3 | following receipt of the petition. The governing body shall |
4 | begin implementation of the action requested in a properly filed |
5 | petition not more than three business days after receipt of the |
6 | petition. |
7 | (i) Form.--The department shall develop a form for the |
8 | petition permitted under subsection (g) and instructions for |
9 | filing the petition with the governing body. The form and the |
10 | instructions shall be made available on the department's |
11 | publicly accessible Internet website. |
12 | (j) Technical assistance.--For school districts and schools |
13 | designated for accountability level 3, the department shall |
14 | provide technical assistance directly or through the |
15 | intermediate unit of which the school district or school is a |
16 | member and in accordance with section 1709-C. |
17 | Section 1709-C. Technical assistance. |
18 | (a) General rule.--To the extent funds are appropriated for |
19 | the purpose, a school district or school that has been |
20 | designated for accountability level 1, 2 or 3 shall be eligible |
21 | for technical assistance from the department or from an |
22 | intermediate unit appointed by and in coordination with the |
23 | department. Technical assistance may include: |
24 | (1) Tools to analyze data from the Pennsylvania System |
25 | of School Assessment test, the Keystone Exam, an equivalent |
26 | local assessment or any other test established by the State |
27 | Board of Education to meet the requirements of section 2603- |
28 | B(d)(10)(i). |
29 | (2) A framework for and assistance in developing an |
30 | improvement plan. |
|
1 | (3) A framework for and assistance in developing a |
2 | strategic plan. |
3 | (4) Identification of professional development and |
4 | instructional strategies and methods to improve the academic |
5 | performance of students in subject areas for which an |
6 | academic performance target has been established and has not |
7 | been met. |
8 | (5) Assistance in identifying regional partners, which |
9 | may include intermediate units, nonprofit educational |
10 | institutions, consultants or institutions of higher education |
11 | that the school district or school may contract with at its |
12 | expense for assistance in implementing the professional |
13 | development and instructional strategies and methods |
14 | identified in paragraph (4). |
15 | (6) Information concerning best practices and resources |
16 | aimed at improving academic performance. |
17 | (7) The assignment of a distinguished educator to work |
18 | with a school district. |
19 | (8) Assistance through the quality review process. |
20 | (9) Assistance in establishing and utilizing school |
21 | support teams in accordance with section 1117(a)(5) of the No |
22 | Child Left Behind Act of 2001 or its successor Federal |
23 | statute. |
24 | (b) Criteria.--To the extent funds are appropriated for the |
25 | purpose, schools and school districts described in subsection |
26 | (a) shall be eligible for technical assistance based on criteria |
27 | established by the department in order to ensure that the lowest |
28 | performing school districts and schools receive priority |
29 | consideration with respect to the distribution of resources. The |
30 | department shall establish the criteria and publish guidelines |
|
1 | no later than 30 days from the effective date of this section. |
2 | (c) Clearinghouse.--To the extent funds are appropriated for |
3 | the purpose, the department shall establish a clearinghouse of |
4 | information related to specific strategies for improving the |
5 | academic performance of students in school districts or schools |
6 | that have been designated for accountability level 1, 2 or 3. |
7 | The clearinghouse shall include best practices, methods and |
8 | instructional strategies based on scientific research, |
9 | including: |
10 | (1) Methods of improving the academic performance of |
11 | students in any subject area for which an academic |
12 | performance target has been established and has not been met. |
13 | (2) Methods of improving the academic performance of |
14 | students identified as having disabilities or limited English |
15 | proficiency. |
16 | (3) Parental involvement programs and policies. |
17 | (4) Classroom instructional strategies. |
18 | (5) Curriculum redesign. |
19 | (6) School safety. |
20 | (7) Tutoring programs. |
21 | Section 1710-C. Responsibilities of department. |
22 | The department shall: |
23 | (1) Provide written notification to a school district or |
24 | school of its designation under section 1702-C. |
25 | (2) Publish the annual report on the department's |
26 | Internet website by July 1 of each year and notify |
27 | intermediate units, school districts and schools of the |
28 | publication. |
29 | (3) Establish guidelines for the provision of technical |
30 | assistance to school districts and schools. The guidelines |
|
1 | shall include provisions to ensure that the lowest performing |
2 | school districts and schools receive first priority. |
3 | (4) Establish guidelines explaining how requisite |
4 | achievement on English language proficiency testing will be |
5 | measured. |
6 | (5) To the extent funds are appropriated for the |
7 | purpose, establish and provide professional education |
8 | courses, programs, activities or learning experiences under |
9 | section 1205.2(f) specific to classroom strategies to improve |
10 | the academic performance of students in content areas subject |
11 | to the Pennsylvania System of School Assessment test, the |
12 | Keystone Exam, an equivalent local assessment or any other |
13 | test established by the State Board of Education to meet the |
14 | requirements of section 2603-B(d)(10)(i). |
15 | (6) To the extent funds are appropriated for the |
16 | purpose, provide academic assistance, including strategic |
17 | interventions and technical assistance, when a school |
18 | district or school is designated for accountability level 1, |
19 | 2 or 3 in accordance with provisions of the State plan. |
20 | (7) Annually review and approve, approve with |
21 | modifications or disapprove improvement plans required under |
22 | this article. |
23 | (8) Design the parental petition permitted under section |
24 | 1708-C(c), establish instructions for filing the petition and |
25 | make the petition and instructions available on the |
26 | department's publicly accessible Internet website. |
27 | Section 1711-C. Continuing professional development. |
28 | (a) Amendment of plan.-- |
29 | (1) A school district or school that failed to meet one |
30 | or more of its academic performance targets in the prior |
|
1 | school year shall convene the committee established under |
2 | section 1205.1(b) for the purpose of amending its |
3 | professional education plan. The amended professional |
4 | education plan shall specify continuing professional |
5 | education options designed to assist in the achievement of |
6 | academic performance targets. The options may include: |
7 | (i) Methods of improving the academic performance of |
8 | students in any subject area in which a school or schools |
9 | have failed to meet the performance target. |
10 | (ii) Methods of improving the academic performance |
11 | of any student subgroup that has failed to meet a |
12 | performance target. |
13 | (2) The amended plan shall be approved by the |
14 | improvement team and the governing body. |
15 | (b) Approval of credits or hours.--In the case of a school |
16 | district or school that failed to meet one or more of its |
17 | academic performance targets in the prior school year: |
18 | (1) The plan required under section 1205.1(c) shall |
19 | specify the content of any credits or hours to be obtained |
20 | through the in-service program of the school district or |
21 | school. |
22 | (2) Credits or hours earned under section 1205.2(c)(1), |
23 | (2), (3) and (4) must be approved by the superintendent, |
24 | executive director or chief school administrator of the |
25 | school district or school as fulfilling the goal of the |
26 | approved professional education plan of the school district |
27 | or school. |
28 | Section 1712-C. Prohibition of strikes. |
29 | Notwithstanding the provisions of Article XI-A, strikes shall |
30 | be prohibited in any school district designated for |
|
1 | accountability level 3. The prohibition shall remain effective |
2 | until the school district has met its academic performance for |
3 | two consecutive school years. |
4 | Section 1713-C. Conversion to charter school. |
5 | Notwithstanding the provisions of Article XVII-A, the |
6 | following shall apply to a school district designated for |
7 | accountability level 1, 2 or 3 under this article that elects or |
8 | is directed to convert one or more existing schools to a charter |
9 | school: |
10 | (1) A school district may establish a nonprofit |
11 | corporation for the purpose of converting an existing school |
12 | to a charter school. |
13 | (2) The school district shall publish notice of its |
14 | intention to convert an existing school to a charter school. |
15 | The notice shall be published one time in a newspaper of |
16 | general circulation in the school district. A 30-day public |
17 | comment period shall follow publication of the notice. |
18 | (3) The board of school directors of the school district |
19 | may determine to convert an existing school to a charter |
20 | school at its next public meeting following the close of the |
21 | public comment period required under paragraph (2). Upon the |
22 | affirmative vote of a majority of the members of the board of |
23 | school directors present at the public meeting, the school |
24 | district may grant a charter to a nonprofit corporation |
25 | established by the school district under paragraph (1) or to |
26 | any individual, group of individuals or entity permitted to |
27 | establish a charter school under section 1717-A(a). |
28 | (4) An individual authorized to establish a charter |
29 | school or the board of directors of an entity authorized to |
30 | establish a charter school shall establish a board of |
|
1 | trustees to govern the charter school. |
2 | (5) The charter school may enter contracts with the |
3 | local school district for the procurement of services, |
4 | equipment and supplies. |
5 | (6) Notwithstanding provisions of section 1714-A(c) to |
6 | the contrary, any indebtedness incurred by a charter school |
7 | formed under this section in the exercise of the powers |
8 | specified in section 1714-A may be guaranteed by the school |
9 | district, subject to the limitations of 53 Pa.C.S. Chs. 81 |
10 | (relating to incurring debt and issuing bonds and notes) and |
11 | 82 (relating to miscellaneous provisions). |
12 | Section 1714-C. Nonrenewal or termination of a charter. |
13 | (a) Closure.--Notwithstanding the provisions of section |
14 | 1729-A, a school district in which a charter school is |
15 | designated for accountability level 3 may close the charter |
16 | school immediately following the designation of the charter |
17 | school for accountability level 3. In these circumstances, the |
18 | school district shall provide the charter school with immediate |
19 | notice of the decision of the board of school directors to close |
20 | the charter school. |
21 | (b) Students.--When a charter is revoked under subsection |
22 | (a), a student who attended the charter school shall apply to |
23 | another public school in the student's school district of |
24 | residence. Normal application deadlines will be disregarded |
25 | under these circumstances. |
26 | Section 1715-C. Contracts with education management |
27 | organizations. |
28 | Any contract between a school district or school and an |
29 | education management organization that is entered into after the |
30 | effective date of this article shall provide that, upon |
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1 | designation for accountability level 3, a school district or |
2 | school so designated shall immediately return to the management |
3 | and control of the governing body and the contract between the |
4 | school district or school and the education management |
5 | organization shall terminate. |
6 | Section 1716-C. Value added assessment system. |
7 | Beginning on the effective date of this article, the |
8 | department shall make available on its publicly accessible |
9 | Internet website all value added assessment system data |
10 | generated for the school district level, the school level, the |
11 | grade level and the classroom level, subject to the Family |
12 | Educational Rights and Privacy Act of 1974 (Public Law 90-247, |
13 | 20 U.S.C. § 1232) or a successor Federal statute. |
14 | Section 1717-C. School empowerment grants. |
15 | (a) Program.--The department shall establish a program of |
16 | annual school empowerment grants for school districts on the |
17 | education empowerment list under section 1703-B on the day prior |
18 | to the effective date of this article to assist in the |
19 | implementation of their improvement plans. |
20 | (b) Limitation.--Grants shall be limited to the amount |
21 | appropriated for that purpose. |
22 | (c) Grants.--Grants shall be provided annually to the school |
23 | district for use as directed by the improvement team in |
24 | implementing the improvement plan developed in accordance with |
25 | this article. |
26 | (d) Base annual grant.--Subject to the requirements of this |
27 | section, and to the extent funds are appropriated for the |
28 | purpose, each qualifying school district shall receive a base |
29 | annual grant of $450,000 and an additional grant of up to $75 |
30 | per average daily membership for the prior school year of the |
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1 | school district. The school district or the Statewide academic |
2 | accountability board shall give priority in allocating the grant |
3 | funding received under this section to the individual schools |
4 | identified as having a history of low test performance. |
5 | (e) Specific allowable uses.--The department shall set forth |
6 | the specific allowable uses for grant funds and place |
7 | conditions, as necessary, on the use of grant funds. The |
8 | department shall establish accountability procedures and |
9 | auditing guidelines to ensure that grant funds are utilized in |
10 | accordance with the allowable uses and conditions. |
11 | (f) Separate accounts.--A school district receiving a grant |
12 | under this section shall be required to maintain separate |
13 | accounts in that school district's budget to facilitate |
14 | monitoring the use of these grant funds. In no case shall a |
15 | school district use more than 5% of the grant funds for |
16 | administrative costs. |
17 | (g) Reduction.--The department shall reduce the amount of a |
18 | State subsidy payment to a school district or school by the |
19 | amount of any grant funds provided under this section if the |
20 | school district does not use the grant funds in accordance with |
21 | the allowable uses and conditions set forth by the department. |
22 | Section 1718-C. Regulations. |
23 | The State Board of Education may issue regulations to |
24 | implement this article. |
25 | Section 1719-C. Construction. |
26 | (a) Prohibition.--Nothing in this article shall be construed |
27 | to supersede the following: |
28 | (1) A requirement of the No Child Left Behind Act of |
29 | 2001 or its successor Federal statute. |
30 | (2) A provision of a collective bargaining agreement in |
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1 | effect on the effective date of this article, except that: |
2 | (i) No collective bargaining agreement entered into |
3 | after the effective date of this article shall supersede |
4 | or preempt the powers of the department, a school |
5 | district, a school or the Statewide academic |
6 | accountability board under the No Child Left Behind Act |
7 | of 2001 or its successor Federal statute or under this |
8 | article. |
9 | (ii) A school district or school designated for |
10 | accountability level 1, 2 or 3 and subject to a |
11 | collective bargaining agreement may renegotiate its |
12 | collective bargaining agreement or enter into a |
13 | memorandum of understanding under the collective |
14 | bargaining agreement. |
15 | (3) A provision of section 696. This article shall not |
16 | apply to a school district of the first class, provided that |
17 | section 1717-C shall apply to a school district of the first |
18 | class. |
19 | (b) No expansion of powers.--Section 1704-C(e) shall not be |
20 | construed to expand the powers of the governing body of a school |
21 | district or school. |
22 | Section 3. This act shall take effect immediately. |
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