| |
| PRIOR PRINTER'S NO. 1940 | PRINTER'S NO. 2044 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY FERLO, COSTA, FONTANA, SOLOBAY, FARNESE AND BROWNE, FEBRUARY 2, 2012 |
| |
| |
| SENATOR PICCOLA, EDUCATION, AS AMENDED, MARCH 27, 2012 |
| |
| |
| |
| 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," reenacting and amending provisions |
6 | relating to school boards and educational empowerment. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1704-B(c) of the act of March 10, 1949 | <-- |
10 | (P.L.30, No.14), known as the Public School Code of 1949, |
11 | amended or added July 11, 2006 (P.L.1092, No.114) and July 9, |
12 | 2008 (P.L.846, No.61), is reenacted and amended to read: |
13 | Section 1. Section 1704-B heading and (c) of the act of | <-- |
14 | March 10, 1949 (P.L.30, No.14), known as the Public School Code |
15 | of 1949, amended or added July 11, 2006 (P.L.1092, No.114) and |
16 | July 9, 2008 (P.L.846, No.61), are reenacted and amended to |
17 | read: |
18 | Section 1704-B. Board of School Directors of Commonwealth | <-- |
19 | Partnership School Districts.--* * * |
20 | (c) (1) In addition to all current rights, powers, |
|
1 | privileges, prerogatives and duties, a board of school directors |
2 | of a school district that has been placed on the empowerment |
3 | list on or after June 30, 2006, due to the designation by the | <-- |
4 | secretary as a Commonwealth partnership school district shall |
5 | have the power to cancel or renegotiate any contract, other than |
6 | collective bargaining agreements, for the purpose of making |
7 | necessary economies in the operation of the schools within the |
8 | school district; eliminate nonprofessional positions for |
9 | services nonessential for the operation of the school district; |
10 | or enter into agreements with individuals, for-profit or |
11 | nonprofit organizations for the operation of school buildings or |
12 | groups of school buildings or for the provision of educational |
13 | or other types of services to or for the school district. |
14 | (2) The superintendent shall be responsible for the |
15 | implementation of a system of performance review of school |
16 | administrators, as approved by the board of school directors. |
17 | Administrator performance shall be evaluated on the basis of |
18 | abilities and effectiveness to manage the operation of the |
19 | school facilities and staff, manage resources, provide |
20 | instructional leadership, implement and administer the school |
21 | budget and promote and maintain a positive educational learning |
22 | environment. |
23 | (3) Based upon an unsatisfactory review and evaluation of a |
24 | school administrator arising from the implementation of the |
25 | program established in paragraph (2), a board of school |
26 | directors may reassign, transfer or suspend the school |
27 | administrator without regard to section 1125.1 or 1151. |
28 | (4) Based upon an unsatisfactory review and evaluation of a |
29 | school administrator arising from the implementation of the |
30 | program established in paragraph (2), a board of school |
|
1 | directors may dismiss the school administrator pursuant to the |
2 | procedure contained in section 1127, provided that the board of |
3 | school directors shall afford the school administrator notice |
4 | and an opportunity to be heard pursuant to 2 Pa.C.S. Ch. 5 |
5 | Subch. B (relating to practice and procedure of local agencies). |
6 | (4.1) In addition to powers enumerated in this act, a school |
7 | district designated as a Commonwealth partnership school |
8 | district may dispose of unused and unnecessary lands and |
9 | buildings, if such buildings are in excess of twenty-five (25) |
10 | years of age, in the following manner, notwithstanding the |
11 | provisions of section 707 of this act: |
12 | (i) By negotiated sale, provided the district has an |
13 | affidavit of at least three (3) persons who are familiar with |
14 | the value of real estate in the locality in which the lands and |
15 | buildings proposed to be sold are located, who have examined the |
16 | property and set forth a value for the property and who opine |
17 | that the consideration for the property is equal to or better |
18 | than that which could be received by sealed bid. The sale price |
19 | shall not be less than the highest value set forth in the three |
20 | (3) affidavits. |
21 | (ii) By entering into agreements with an urban redevelopment |
22 | authority organized under the act of May 24, 1945 (P.L.991, |
23 | No.385), known as the Urban Redevelopment Law, under which the |
24 | district may convey property to the authority for the purpose of |
25 | the authority facilitating the conveyance of the property |
26 | consistent with the goals of the school district and the |
27 | authority. |
28 | (5) [As used in] For purposes of this subsection, ["school |
29 | administrator" shall have the same meaning given to it under |
30 | section 1164] the following terms shall have the following |
|
1 | meanings: |
2 | "Commonwealth partnership school district." A school |
3 | district for which within sixty (60) days of July 11, 2006, the | <-- |
4 | secretary has determined, on or after July 11, 2006, and not | <-- |
5 | later than September 9, 2006, all of the following: |
6 | (i) The school district has experienced a decline of fifteen |
7 | per centum (15%) or more in student enrollment during the |
8 | immediately preceding five-year period. |
9 | (ii) The school district has experienced a loss of revenue |
10 | during the immediately preceding three-year period due to the |
11 | statutory removal of one or more of the sources of revenue made |
12 | available pursuant to section 652.1. |
13 | (iii) The school district has an equalized millage for the |
14 | 2004-2005 fiscal year of greater than twenty-seven (27). |
15 | "Department." The Department of Education of the | <-- |
16 | Commonwealth. |
17 | "Education empowerment list." A list prepared annually by |
18 | the department "Empowerment list." A list prepared by the | <-- |
19 | Department of Education containing school districts that fall |
20 | below certain academic assessments as provided in former section | <-- |
21 | 1703-B. |
22 | "School administrator." As defined in section 1164. |
23 | "Secretary." The Secretary of Education of the Commonwealth. |
24 | [(6) This subsection shall expire June 30, 2012.] |
25 | Section 2. This act shall take effect immediately. |
|