PRIOR PRINTER'S NO. 1641

PRINTER'S NO.  1871

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1192

Session of

2010

  

  

INTRODUCED BY PICCOLA, DINNIMAN, BROWNE, EARLL, RAFFERTY, WILLIAMS, BOSCOLA AND ALLOWAY, FEBRUARY 1, 2010

  

  

SENATOR PICCOLA, EDUCATION, AS AMENDED, APRIL 20, 2010

  

  

  

AN ACT

  

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

 


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.

- 2 -

 


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

- 5 -

 


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

- 18 -

 


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

- 19 -

 


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

- 20 -

 


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

- 21 -

 


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.

- 22 -

 


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

- 23 -

 


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

- 24 -

 


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

- 25 -

 


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

- 26 -

 


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

- 27 -

 


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

- 28 -

 


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.

- 29 -

 


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).

- 30 -

 


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

- 31 -

 


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.

- 32 -

 


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

- 33 -

 


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

- 34 -

 


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

- 35 -

 


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:

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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.

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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

- 38 -

 


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

- 39 -

 


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

- 40 -

 


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

- 41 -

 


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

- 42 -

 


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

- 43 -

 


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

- 44 -

 


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.

- 45 -

 


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

- 46 -

 


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:

- 47 -

 


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

- 48 -

 


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,

- 49 -

 


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

- 50 -

 


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

- 51 -

 


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

- 52 -

 


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

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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

- 54 -

 


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.

- 55 -

 


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.

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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

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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

- 58 -

 


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

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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

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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.

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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

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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.

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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

- 64 -

 


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.

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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.

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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

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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.

- 68 -

 


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

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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

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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

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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

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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

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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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