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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, DINNIMAN, WASHINGTON, STACK, ERICKSON, RAFFERTY, SOLOBAY, COSTA, FERLO, VANCE, BRUBAKER, WAUGH, YUDICHAK, KASUNIC, HUGHES, SCHWANK, FARNESE, WILLIAMS, PIPPY, LEACH, FONTANA, GREENLEAF, ARGALL, SMUCKER, MENSCH, BOSCOLA, TOMLINSON AND TARTAGLIONE, JUNE 16, 2011 |
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| REFERRED TO EDUCATION, JUNE 16, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for definitions; |
6 | and providing for the distribution of special education |
7 | funding for student achievement and instruction of eligible |
8 | students and for special education accountability. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 2501(26) of the act of March 10, 1949 |
12 | (P.L.30, No.14), known as the Public School Code of 1949, added |
13 | July 9, 2008 (P.L.846, No.61), is amended and the section is |
14 | amended by adding clauses to read: |
15 | Section 2501. Definitions.--For the purposes of this article |
16 | the following terms shall have the following meanings: |
17 | * * * |
18 | (26) "Actual Spending." An amount equal to a school |
19 | district's total expenditures to include General Fund |
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1 | expenditures in all functional classifications, as designated in |
2 | the Manual of Accounting and Related Financial Procedures for |
3 | Pennsylvania School Systems, except for: |
4 | (i) actual special education spending; |
5 | (ii) adult education; |
6 | (iii) higher education; |
7 | (iv) student transportation; |
8 | (v) community services; |
9 | (vi) scholarships and awards; |
10 | (vii) facilities acquisition; |
11 | (viii) construction and improvement services; and |
12 | [(ix) other expenditures and financing uses; and] |
13 | (x) tuition from patrons revenue. |
14 | * * * |
15 | (31) "Actual Special Education Spending." An amount equal to |
16 | a school district's total annual expenditures for special |
17 | education as established by the Department of Education and |
18 | designated in the Manual of Accounting and Related Financial |
19 | Procedures for Pennsylvania School Systems. The amount shall not |
20 | include expenditures that are exclusively for gifted students |
21 | who do not receive special education pursuant to an |
22 | individualized education program. |
23 | (32) "Base Cost Per Student." As determined under section |
24 | 2502.48. |
25 | (33) "Eligible Student." A student who has been identified |
26 | as a student with a disability who is in need of special |
27 | education under Federal and State law. |
28 | (34) "Performance Indicators." Measurable annual objectives |
29 | established by the Department of Education pursuant to section |
30 | 612(a)(15) of the Individuals with Disabilities Education Act |
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1 | (Public Law 91-230, 20 U.S.C. § 1412(a)(15)) to assess progress |
2 | toward achieving State goals for the performance of eligible |
3 | students. |
4 | (35) "Public Notice." Full and timely release of information |
5 | and documents for public access at a minimum through publication |
6 | by the Department of Education: |
7 | (i) in the Pennsylvania Bulletin; |
8 | (ii) on the department's publicly accessible Internet |
9 | website for no less than a duration of twelve (12) months; and |
10 | (iii) through the department's timely issuance of a related |
11 | Statewide press release. |
12 | (36) "Regular Classroom." A classroom in a regular school |
13 | operated primarily for students who have not been identified as |
14 | students with disabilities who are in need of special education. |
15 | (37) "Regular School." A neighborhood school, magnet school |
16 | or other public school operated for all students, not solely |
17 | eligible students, in a school district. |
18 | (38) "Special Education Plan." A comprehensive plan as well |
19 | as revisions, updates and amendments for all special education |
20 | personnel, programs, services and supports provided by each |
21 | school district for eligible students, filed by each district |
22 | with the Department of Education under this act and other |
23 | applicable Federal and State law. |
24 | (39) "Commission." The Legislative Commission on Special |
25 | Education Funding. |
26 | (40) "Base Year." Fiscal year 2008-2009 or another year |
27 | designated by statute. |
28 | (41) "Special Education Allocation." The amount of special |
29 | education funding received by a school district from the |
30 | Commonwealth. |
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1 | Section 2. The act is amended by adding sections to read: |
2 | Section 2509.13. Special Education Funding for Student |
3 | Achievement and Instruction of Eligible Students.--(a) The |
4 | General Assembly shall, through the annual appropriations |
5 | process, determine the level of State funding for special |
6 | education and the amount of any change in funding. The |
7 | calculations under this section shall determine only the |
8 | distribution of any increase in the funding among the school |
9 | districts of this Commonwealth and shall not be used for any |
10 | other purpose. |
11 | (b) The Department of Education shall determine a special |
12 | education allocation for each school district in the year for |
13 | which funds are being appropriated by calculating the sum of the |
14 | following: |
15 | (1) the special education allocation in the base year for |
16 | the school district; |
17 | (2) the absolute value of the difference between the special |
18 | education allocation in the base year for the school district |
19 | and the highest annual level of the special education allocation |
20 | for the school district in the years subsequent to the base year |
21 | except for the year for which funds are being appropriated; and |
22 | (3) the special education increase in the year for which |
23 | funds are being appropriated for the school district as |
24 | determined under subsection (c). |
25 | (c) The Department of Education shall determine the special |
26 | education increase in the year for which funds are being |
27 | appropriated for each school district by calculating the product |
28 | of: |
29 | (1) the difference between the total State appropriation for |
30 | special education aggregated for all school districts in the |
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1 | year for which funds are being appropriated and the total State |
2 | appropriation for special education aggregated for all school |
3 | districts in the immediately preceding year, or zero, whichever |
4 | is greater; and |
5 | (2) the special education distribution factor for the school |
6 | district determined under subsection (d). |
7 | (d) The Department of Education shall determine the special |
8 | education distribution factor for each school district by |
9 | dividing the distribution subfactor for each school district |
10 | determined under subsection (e) by the sum of distribution |
11 | subfactors for all school districts. |
12 | (e) The Department of Education shall determine the |
13 | distribution subfactor for each school district by calculating |
14 | the product of: |
15 | (1) the difference between the school district's subfactor |
16 | quantity determined under subsection (f) and its actual special |
17 | education spending averaged for the three (3) most recent years, |
18 | or zero, whichever is greater; |
19 | (2) the school district's market value/personal income aid |
20 | ratio averaged for the three (3) most recent years; and |
21 | (3) the lesser of one (1) and the school district's |
22 | equalized millage averaged for the three (3) most recent years |
23 | divided by the equalized millage that represents the seventy- |
24 | fifth percentile of the equalized millage of all school |
25 | districts averaged for the three (3) most recent years. |
26 | (f) The Department of Education shall determine the |
27 | subfactor quantity for each school district by calculating the |
28 | sum of: |
29 | (1) An amount for student cost categories determined by |
30 | calculating the sum of: |
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1 | (i) An amount on behalf of eligible students with category 3 |
2 | disabilities determined by calculating the product of: |
3 | (A) the number of eligible students, averaged for the three |
4 | (3) most recent years, residing or enrolled in the school |
5 | district classified as having category 3 disabilities as |
6 | provided under subsection (g), except that the number of |
7 | eligible students included in this calculation who are placed by |
8 | the school district and served in public or private separate |
9 | schools, residential placements or homebound or hospital |
10 | placements shall not exceed three and one-half percent (3.5%) of |
11 | all eligible students with individualized education programs |
12 | residing or enrolled in the school district or the target |
13 | established in the Part B State Annual Performance Plan filed by |
14 | the Department of Education under the Individuals with |
15 | Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 |
16 | et seq.), whichever is less; |
17 | (B) the weighting factor for students with category 3 |
18 | disabilities as provided under subsection (g); and |
19 | (C) the base cost per student. |
20 | (ii) An amount on behalf of eligible students with category |
21 | 2 disabilities determined by calculating the product of: |
22 | (A) the number of eligible students in the school district, |
23 | averaged for the three (3) most recent years; |
24 | (B) the Statewide percentage of eligible students designated |
25 | for category 2 disabilities as provided under subsection (g); |
26 | (C) the weighting factor for eligible students with category |
27 | 2 disabilities as provided under subsection (g); and |
28 | (D) the base cost per student. |
29 | (iii) An amount on behalf of eligible students with category |
30 | 1 disabilities determined by calculating the product of: |
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1 | (A) the school district's modified average daily membership, |
2 | averaged for the three (3) most recent years; |
3 | (B) the Statewide percentage of modified average daily |
4 | membership designated for category 1 disabilities as provided |
5 | under subsection (g); |
6 | (C) the weighting factor for eligible students with category |
7 | 1 disabilities as provided under subsection (g); and |
8 | (D) the base cost per student. |
9 | (2) An adjustment for geographic price differences |
10 | calculated as follows: |
11 | (i) Multiply the amount under clause (1) by the school |
12 | district's location cost metric or one (1), whichever is |
13 | greater. |
14 | (ii) Subtract the amount under clause (1) from the product |
15 | under subclause (i). |
16 | (g) The Legislative Commission on Special Education Funding |
17 | is established and shall develop special education formula |
18 | components as follows: |
19 | (1) The Statewide percentages of modified average daily |
20 | membership which shall be designated as category 1 and of |
21 | eligible students which shall be designated as category 2 for |
22 | purposes of subsection (f)(1), except that the designated |
23 | percentage for each category shall not exceed the actual |
24 | proportion of students in this Commonwealth classified as having |
25 | such disabilities in the most recent year for which data is |
26 | available. |
27 | (2) The weighting factors for students with category 1, |
28 | category 2 and category 3 disabilities for purposes of |
29 | subsection (f)(1). |
30 | (3) A description of and parameters for category 1, category |
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1 | 2 and category 3 disabilities for purposes of subsection (f)(1), |
2 | except that the categories shall be established such that |
3 | disabilities typically requiring the least intensive range of |
4 | services be categorized in category 1 and disabilities typically |
5 | requiring the most intensive range of services be categorized in |
6 | category 3. |
7 | (h) Prior to the development of the special education |
8 | formula components specified under subsection (g) by the |
9 | commission: |
10 | (1) The commission shall consider nationally accepted |
11 | accounting and budgeting standards in determining the special |
12 | education formula components specified under subsection (g). |
13 | (2) The commission shall, in a timely manner, hold no fewer |
14 | than three (3) public hearings in different regions of this |
15 | Commonwealth to receive input and testimony from stakeholders, |
16 | which may include the Secretary of Education and other |
17 | individuals representing the Department of Education, parents of |
18 | eligible students, teachers, school administrators, school board |
19 | members, higher education faculty and existing State committees, |
20 | advisory panels and task forces established under Federal or |
21 | State law, regulations or court orders. |
22 | (3) Membership of the commission shall include three (3) |
23 | legislators from each of the four (4) legislative caucuses, to |
24 | be determined by the leadership of each caucus and to be |
25 | replaced at the discretion of the leadership of each caucus. The |
26 | commission may perform its duties regardless of whether all four |
27 | (4) legislative caucuses have actually appointed members to the |
28 | commission. The commission shall choose a chairperson and |
29 | utilize legislative staff for assistance in developing special |
30 | education formula components. The Department of Education shall |
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1 | provide the commission with data, research and other relevant |
2 | information, upon request by the commission. |
3 | (4) Members of the commission shall be appointed within |
4 | forty-five (45) days of the effective date of this section. The |
5 | commission shall hold its first meeting within ninety (90) days |
6 | of the effective date of this section. The commission shall |
7 | develop the special education formula components specified under |
8 | subsection (g) within one hundred twenty (120) days of the |
9 | effective date of this section, and shall issue a report of its |
10 | findings to the Governor, the President pro tempore of the |
11 | Senate and Minority Leader of the Senate, the Speaker of the |
12 | House of Representatives and the Minority Leader of the House of |
13 | Representatives, the chairman and minority chairman of the |
14 | Education Committee of the Senate and the chairman and minority |
15 | chairman of the Education Committee of the House of |
16 | Representatives, the Secretary of Education and the State Board |
17 | of Education. |
18 | (5) Upon completion of the commission's report, the State |
19 | Board of Education shall draft proposed regulations to implement |
20 | the special education funding provisions of this section using, |
21 | without alteration, the special education formula components |
22 | specified under subsection (g) as developed by the commission. |
23 | If the commission does not issue the required report within the |
24 | required time period or if the commission's report does not |
25 | designate the special education formula components specified |
26 | under subsection (g), the State Board of Education shall in a |
27 | timely manner promulgate proposed regulations to designate the |
28 | special education formula components specified under subsection |
29 | (g) through the regulatory review process. |
30 | (6) In every fifth year subsequent to the initial |
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1 | promulgation of the regulations implementing the formula |
2 | components, the commission shall meet and hold public hearings |
3 | to review the operation of the special education funding |
4 | provisions of this section, shall make a further report and |
5 | shall issue the report to the bodies and individuals listed |
6 | under clause (4). When in receipt of a further report |
7 | recommending changes to the special education formula components |
8 | specified under subsection (g), the State Board of Education |
9 | shall promulgate proposed regulations through the regulatory |
10 | review process to implement, without alteration, any changes |
11 | developed by the commission in the special education formula |
12 | components specified under subsection (g). |
13 | (7) The commission shall receive input and gather |
14 | information on cyber school funding reimbursements regarding |
15 | special education students. The commission shall draft proposed |
16 | regulations and proposed legislation based on their findings. |
17 | (i) The provisions of this section represent the General |
18 | Assembly's commitment to provide adequate special education |
19 | funding that will ensure equitable Federal, State and local |
20 | investments in special education in public schools in order to |
21 | enable eligible students to attain applicable Federal and State |
22 | academic standards. |
23 | (j) Notwithstanding any other provision of this section, if |
24 | insufficient funds are appropriated for purposes of this section |
25 | for the 2011-2012 school year, each school district shall be |
26 | paid the amount it received during the 2008-2009 school year |
27 | under section 2509.5(zz). |
28 | (k) (1) The Department of Education shall set aside one |
29 | percent (1%) of the total State special education appropriation |
30 | in each year for extraordinary special education program |
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1 | expenses under section 2509.8. The department shall utilize the |
2 | funds under section 2509.8(e) in order to meet, to the extent |
3 | that funds are available, extraordinary special education |
4 | expenses not anticipated through the special education funding |
5 | formula. School districts and charter schools may apply for |
6 | resources through the fund under procedures established by the |
7 | department. The department shall make payments from the fund in |
8 | response to the applications. |
9 | (2) The Department of Education shall issue a comprehensive |
10 | annual report documenting use of the fund to the General |
11 | Assembly and shall give public notice about the report. |
12 | (3) As used in this subsection, "extraordinary special |
13 | education expenses" shall mean expenses that result from needs |
14 | and circumstances of an eligible student with significant |
15 | disabilities which are not ordinarily present in a typical |
16 | special education service and program delivery system and which |
17 | have costs exceeding the school district or charter school |
18 | funding for special education, in order to provide the student |
19 | with an appropriate education in the least restrictive |
20 | environment. |
21 | (l) To the extent that funds are appropriated by the General |
22 | Assembly, the Department of Education shall establish a |
23 | competitive grant program for school districts or charter |
24 | schools meeting the following criteria: |
25 | (1) Providing instruction within the regular classroom at |
26 | least eighty percent (80%) of the school day for at least sixty- |
27 | five percent (65%) of eligible students, as averaged for the two |
28 | (2) most recent school years for which data are available or |
29 | increasing the number of eligible students receiving instruction |
30 | within the regular classroom by at least fifteen percent (15%) |
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1 | in the most recent school year for which data are available. |
2 | (2) In the most recent school year for which data are |
3 | available, performance by eligible students on State academic |
4 | assessments in reading and math, averaged for the entire |
5 | district, meeting State standards for adequate yearly progress |
6 | by any method approved by the Federal and State governments, |
7 | such as meeting the annual target, the confidence interval, the |
8 | safe harbor target or by appeal. |
9 | (3) Implementing programs or services that serve as a model |
10 | of excellence for meeting high standards for inclusion and |
11 | student achievement through quality special education. |
12 | (m) The Department of Education shall develop guidelines for |
13 | the administration of the grant program, which shall be |
14 | allocated to school districts on a competitive basis. |
15 | (n) The Department of Education shall issue an annual report |
16 | to the General Assembly documenting use of the grants issued |
17 | under subsection (l) and shall give public notice about the |
18 | report. |
19 | (o) Nothing under subsection (l) or any other provision of |
20 | this act shall alter Federal or State law regarding the right of |
21 | an eligible student to receive education in the least |
22 | restrictive environment or shall alter the legal authority of |
23 | individualized education program teams to make appropriate |
24 | program and placement decisions for eligible students in |
25 | accordance with the individualized education program developed |
26 | for each eligible student. |
27 | Section 2509.14. Special Education Accountability.--(a) (1) |
28 | The Department of Education shall determine the form and manner |
29 | in which school districts shall submit a special education plan |
30 | and revisions, updates and amendments to the special education |
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1 | plan under this section. The special education plan shall be |
2 | consistent with other existing plans and reports required by the |
3 | department to the greatest extent possible. Special education |
4 | plans shall be written in a manner that is easy to use and |
5 | understand by parents and the public, including a general |
6 | summary. |
7 | (2) The Department of Education shall: |
8 | (i) review the special education plans and revisions, |
9 | updates and amendments; |
10 | (ii) provide recommendations and technical assistance to |
11 | school districts; |
12 | (iii) approve or disapprove the plan within ninety (90) |
13 | calendar days of receipt; and |
14 | (iv) provide a written explanation when disapproving a plan. |
15 | (3) The Department of Education shall approve a special |
16 | education plan and revisions, updates and amendments that in the |
17 | determination of the department: |
18 | (i) meet the requirements of this section; |
19 | (ii) address the academic and developmental challenges for |
20 | eligible students identified in the school district's most |
21 | recent student achievement results and pursuant to performance |
22 | indicators, with specific focus on individual schools, grade |
23 | levels and populations of students that demonstrate inadequate |
24 | levels of student outcomes and with student achievement for |
25 | eligible students as measured by academic performance whenever |
26 | possible in the general education curriculum, acquisition of |
27 | knowledge and skills, progress toward graduation, accomplishment |
28 | of individualized education program goals, including appropriate |
29 | functional skills, and other factors; |
30 | (iii) describe programs and strategies that are most likely |
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1 | to improve student outcomes in the school district; |
2 | (iv) describe any programs offered by the school district |
3 | and strategies of the school district for children from birth |
4 | through five (5) years of age and five (5) years of age through |
5 | seven (7) years of age designed to reduce the need for special |
6 | education services; and |
7 | (v) describe policies of the school district to ensure that |
8 | a student identified as having a disability is no longer |
9 | identified as such if the student no longer qualifies under 22 |
10 | Pa. Code Ch. 14 (relating to special education services and |
11 | programs), or any successor regulation. |
12 | (4) Upon disapproving a school district's special education |
13 | plan, update or revision submitted under this section, the |
14 | Department of Education shall withhold the portion of the annual |
15 | State increase in special education funding which exceeds the |
16 | index until a written special education plan, update or revision |
17 | is approved. |
18 | (5) The Secretary of Education shall involve as appropriate |
19 | in special education monitoring, support, intervention, |
20 | technical assistance and special education plan review by the |
21 | Department of Education, the staff in relevant offices, bureaus |
22 | and divisions of the department, as well as staff in |
23 | intermediate units and consultants, and shall neither delegate |
24 | nor limit these functions solely to the Bureau of Special |
25 | Education. The Secretary of Education shall have the authority |
26 | to contract for additional assistance with intermediate units |
27 | and consultants for these purposes, if the contracts do not |
28 | create a conflict of interest or supplant existing service or |
29 | program obligations. |
30 | (b) (1) By April 15, 2012, and by April 15 of each year |
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1 | thereafter, each school district receiving an increase in its |
2 | State special education funding allocation of more than the |
3 | index shall update its special education plan based on overall |
4 | circumstances, shall also revise the special education plan to |
5 | show in detail how the increase above the index will be used and |
6 | shall submit the updates and revisions to the Department of |
7 | Education for approval under subsection (a). Unless a school |
8 | district decides to amend its special education plan more |
9 | broadly to reflect the receipt of new funding, the department |
10 | shall allow a district to meet the requirements of this section |
11 | by adding the mandated information as an appendix to the |
12 | existing plan. |
13 | (2) School districts shall use State funds for programs and |
14 | supports that expressly benefit eligible students educated in |
15 | the least restrictive environment in accordance with Federal and |
16 | State law and contribute to achievement of performance |
17 | indicators. |
18 | (3) The Department of Education shall issue guidelines for |
19 | the suggested use of State funds for programs and supports that |
20 | benefit eligible students and contribute to achievement of |
21 | performance indicators and address the following areas or |
22 | related areas: |
23 | (i) curricula adaptation; |
24 | (ii) coteaching; |
25 | (iii) assistive technology; |
26 | (iv) school-wide positive behavior supports; |
27 | (v) supplementary aids and services; |
28 | (vi) professional development; |
29 | (vii) reading specialist services and supports; |
30 | (viii) reducing caseloads for special education teachers and |
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1 | related services personnel; and |
2 | (ix) placing and serving eligible students in regular |
3 | classrooms with supports in accordance with the individualized |
4 | education program developed for each eligible student. |
5 | (4) Nothing under this subsection shall be construed to |
6 | require school districts to implement only the programs and |
7 | supports included in the guidelines issued by the Department of |
8 | Education. |
9 | (c) Accountability for the effective use of resources to |
10 | meet student needs shall also be provided in the following ways: |
11 | (1) The Department of Education shall issue to the General |
12 | Assembly a comprehensive annual report on special education |
13 | funding, special education plans, the implementation of 22 Pa. |
14 | Code § 14.104 (relating to special education plans) and other |
15 | special education accountability issues for public school |
16 | entities serving eligible students and this Commonwealth. |
17 | (2) Upon disapproving a school district's special education |
18 | plan, update or revision, the Department of Education shall |
19 | withhold the portion of the annual State increase in special |
20 | education funding which exceeds the index until a written |
21 | special education plan, update or revision is approved. |
22 | (3) (i) The Department of Education shall: |
23 | (A) review and monitor implementation of all special |
24 | education plans, such as compliance with subsection (b) and 22 |
25 | Pa. Code § 14.104; |
26 | (B) provide support, intervention and technical assistance |
27 | in school districts failing to meet student needs based on |
28 | performance indicators or failing to comply with subsection (b); |
29 | (C) identify at any time and at least annually all school |
30 | districts failing to adequately implement their special |
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1 | education plans in compliance with Federal and State law, |
2 | failing to comply with subsection (b) or not making annual |
3 | progress to meet student needs based on performance indicators; |
4 | and |
5 | (D) determine whether to withhold up to five percent (5%) of |
6 | all State special education funding for school districts |
7 | identified under this clause while the identified problems |
8 | remain unresolved. |
9 | (ii) If the Department of Education determines that a school |
10 | district is making substantial progress toward resolving the |
11 | identified problems, it shall restore the withheld funding |
12 | retroactively and continue to monitor the district for an |
13 | additional two (2) years. |
14 | (4) To discourage the inappropriate over-identification of |
15 | children for special education, the Department of Education |
16 | shall automatically conduct a thorough review of the special |
17 | education plan of any school district with a substantially |
18 | higher ratio of eligible students in the district to its average |
19 | daily membership for all students than the State average, as |
20 | established by the department and of any district where the |
21 | ratio of eligible students in the school district to its average |
22 | daily membership for all students in the most recent school year |
23 | for which data is available has increased by more than ten |
24 | percent (10%) over the previous year or of any district where |
25 | the ratio has increased by an annual average of more than five |
26 | percent (5%) during the most recent five-year period. |
27 | Appropriate remedial action, including withholding up to five |
28 | percent (5%) of all State special education funding, may be |
29 | taken, unless the ratio or increase is determined to be |
30 | justified by the department after consultation with the school |
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1 | district. |
2 | (d) The Department of Education shall issue to any affected |
3 | school district a notice specifying the department's decisions |
4 | and actions under this section and the rationale for the |
5 | decisions and actions. A school district may file a written |
6 | response to the department about the department's decisions and |
7 | actions regarding the district made under this section. The |
8 | written response must be submitted to the department within |
9 | thirty (30) calendar days of the department's notice or within |
10 | thirty (30) calendar days of receiving the notice, whichever is |
11 | greater. The department shall consider the written response, |
12 | consult with the school district and, within thirty (30) |
13 | calendar days after receiving the written response, issue a |
14 | written decision addressing the concerns and claims made in the |
15 | written response, explaining the judgment of the department in |
16 | response to these concerns and claims, and specifying the |
17 | opportunity to appeal this matter to the Secretary of Education |
18 | for a hearing under 2 Pa.C.S. Chs. 5 Subch. A (relating to |
19 | practice and procedure of Commonwealth agencies) and 7 Subch. A |
20 | (relating to judicial review of Commonwealth agency action) and |
21 | 1 Pa. Code Pt. II (relating to general rules of administrative |
22 | practice and procedure). If requested, the Secretary of |
23 | Education shall convene a hearing within thirty (30) calendar |
24 | days after receipt of a school district's hearing request. The |
25 | Secretary of Education shall render a written hearing decision |
26 | within thirty (30) calendar days following the hearing. |
27 | (e) The Department of Education shall give public notice of |
28 | the decisions, actions and reports made under this section. |
29 | (f) Nothing under this section shall supersede or preempt |
30 | any provisions of a collective bargaining agreement between a |
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1 | school entity and an employe organization in effect on the |
2 | effective date of this section. |
3 | (g) Notwithstanding any other provision of this section, if |
4 | insufficient funds are appropriated for purposes of section |
5 | 2509.13 for the 2011-2012 school year, the requirements of this |
6 | section shall be waived. |
7 | Section 3. The Secretary of Education shall propose |
8 | regulations for promulgation by the State Board of Education |
9 | which implement this act. |
10 | Section 4. This act shall take effect immediately. |
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