THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TRUITT, BAKER, BROOKS, CAUSER, CLYMER, CUTLER, DENLINGER, EVERETT, FABRIZIO, GABLER, GINGRICH, GRELL, GROVE, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M. K. KELLER, KNOWLES, KORTZ, KRIEGER, MAJOR, MICOZZIE, MILLER, PERRY, PICKETT, RAVENSTAHL, READSHAW, ROAE, ROSS, SAYLOR, SCHRODER, SONNEY, STEVENSON, SWANGER, VULAKOVICH AND WATSON, FEBRUARY 29, 2012

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 29, 2012  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in preliminary provisions, providing

for mandate waiver program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 119.  Mandate Waiver Program.--(a)  Except as

otherwise provided in this section, the board of school

directors may adopt a resolution to apply for a waiver to any

provision of this act, the regulations of the State Board of

Education or the standards of the secretary if the waiver will

enable the school district to improve its instructional program

or operate in a more effective, efficient or economical manner.

(b)  The application for a waiver shall be in a manner and in

a form developed by the department and shall:

(1)  Specify the need for the waiver.

(2)  Provide supporting data and information to explain the

benefits to be obtained by the waiver and, when applicable, to

explain the instructional program that will operate under the

waiver.

(3)  Include an evaluation procedure to determine the

effectiveness of an innovative program or programs; the

effectiveness of a revised instructional program, which shall

include measures of student performance; and the effectiveness

of changes in the operations of the school district.

(c)  The application for a waiver shall be adopted by a

resolution of the board of directors at a regularly scheduled

meeting of the board. Prior to the board of directors

implementing the policies or procedures contained in the waiver,

approval by the department shall be required.

(d)  The department shall have sixty (60) days from receipt

of the application to approve, disapprove or request

modifications to the application. If the department fails to act

within that time period, the waiver shall be deemed to be

approved.

(e)  If the department disapproves the application for

waiver, the basis for the department's disapproval shall be

transmitted to the board of school directors. The board of

school directors may submit a revised application for a waiver.

(f)  Three years from the implementation of the waiver, the

board of school directors shall submit to the department the

evaluation set forth in subsection (b)(3). When the evaluation

of a waiver indicates an improvement in student performance,

instructional program or school operations, the waiver shall be

renewed by the department and shall remain in effect, unless

rescinded by the board of school directors.

(g)  The following provisions of this act shall not be

subject to waiver pursuant to this section: sections 108, 110,

111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,

443, 510, 513, 518, 527, 688, 701.1, 708, 736, 737, 738, 739,

740, 741, 752, 753, 755, 771, 776, 777, 778, 808, 809, 810,

1303(a), 1310, 1317, 1317.1, 1317.2, 1318, 1327, 1327.1, 1330,

1332, 1361, 1366, 1501, 1502, 1513, 1517, 1518, 1521, 1523, 1546

and 1547; provisions prohibiting discrimination; Articles VI,

XI, XI-A, XII, XIII-A, XIV and XVII-A and this article.

(h)  The following provisions of 22 Pa. Code (relating to

education) shall not be subject to waiver pursuant to this

section:

Chapter 4 (relating to academic standards and assessment).

Chapter 11 (relating to pupil attendance).

Chapter 12 (relating to students).

Chapter 14 (relating to special education services and

programs).

Chapter 16 (relating to special education for gifted

students).

Section 32.3 (relating to assurances).

Section 121.3 (relating to discrimination prohibited).

Section 235.4 (relating to practices).

Section 235.8 (relating to civil rights).

(i)  The board of directors may not waive any Federal law or

State law applicable to a public school that is not within the

provisions of this act.

(j)  The department shall issue an annual report to the

chairman and minority chairman of the Education Committee of the

Senate and the chairman and minority chairman of the Education

Committee of the House of Representatives, listing all waiver

requests and department approvals or disapprovals under this

section.

(k)  Nothing in this section shall be construed to supersede

or preempt any provisions of a collective bargaining agreement

in effect on the effective date of this section.

(l)  Intermediate unit boards of directors and area

vocational-technical boards shall be eligible to apply for

mandate waivers under this section except for those in

subsections (g) and (m).

(m)  The following provisions shall not be subject to waiver

for intermediate unit boards of directors and area vocational-

technical schools pursuant to this section: Article IX-A and

Article XVIII.

(n)  Notwithstanding the provisions of subsection (g), the

department may approve an application submitted by a board of

school directors for a waiver of section 1361 to allow the

provision of transportation to a public kindergarten, elementary

school or secondary school or a nonpublic kindergarten,

elementary school or secondary school operated not for profit

located more than ten miles by the nearest public highway,

provided that the provision of transportation is more cost

effective for the district or the Commonwealth or addresses

student safety concerns. Transportation provided under this

subsection shall be considered an allowable district expense for

purposes of calculating transportation reimbursement.

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