PRINTER'S NO. 113

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

128

Session of

2015

INTRODUCED BY TALLMAN, DIAMOND, SACCONE, KAUFFMAN, JAMES, GROVE,

EVERETT, SAYLOR, TOOHIL AND DUSH, JANUARY 21, 2015

REFERRED TO COMMITTEE ON EDUCATION, JANUARY 21, 2015

providing for membership and for powers and duties of board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 2602-B and 2603-B(a) and (b) of the act

of March 10, 1949 (P.L.30, No.14), known as the Public School

Code of 1949, added March 30, 1988 (P.L.321, No.43), are amended

to read:

Section 2602-B. Membership.--(a) (1) The board shall

consist of twenty-one (21) members, ten (10) of whom shall also

serve as members of the Council of Basic Education, and ten (10)

appointments, each member shall be appointed by the Governor[,]

by and with the advice and consent of a majority of all the

members of the Senate[, and shall, except].

(3) Except as hereinafter provided, each member shall hold

office for terms of six (6) years each or until his successor

has been appointed and has qualified. An appointment to fill a

vacancy shall be for the unexpired term or until his successor

has been appointed and has qualified.

(4) The President pro tempore of the Senate shall appoint

three (3) members with full voting privileges to the board as

follows:

(5) The Speaker of the House of Representatives shall

appoint three (3) members with full voting privileges to the

board as follows:

(i) one (1) appointee shall be a member of the House of

Representatives who shall serve as an ex officio member of the

board;

(ii) one (1) appointee shall be a current or former member

of a board of school directors in this Commonwealth; and

(iii) one (1) appointee shall be a current or former public

school teacher or administrator in this Commonwealth.

officio members of the board with full voting privileges and

shall serve as members for as long as they hold their respective

positions.

(7) The Chairman of the Professional Standards and Practices

Commission, or a commission member designated by the chairman,

created by the act of December 12, 1973 (P.L.397, No.141),

referred to as the Teacher Certification Law, shall be an ex

officio member of the board without voting privileges or

assignment to either council.

(8) Members shall receive no salary but shall be entitled to

travel expenses and other necessary expenses incurred in the

policy, standards, rules and regulations. The board shall meet

at least six (6) times a year at such times and places as it

shall determine. Special meetings may be called by the chairman

or at the request of a majority of the members of the board.

(c) An appointed member who fails to attend three (3)

consecutive board meetings shall forfeit his or her membership

on the board, unless the board chairman, upon written request

from the member, determines that the member should be excused

from a meeting or meetings for reasons of illness or the death

of an immediate family member.

of the board to act as chairman of the board.

(2) The chairman of the board, or a member of the board

designated by the chairman, shall be an ex officio member of the

Professional Standards and Practices Commission, without voting

privileges.

(e) (1) For the purpose of formulating policy proposals

applicable to elementary, secondary, vocational-technical

education and higher education in this Commonwealth, there shall

be two councils, which shall consist of ten (10) members of the

board each, the chairman being a member of both councils, and

shall be known as the Council of Basic Education and the Council

shall meet at the call of its chairman or at the request of a

majority of the members of the council.

(3) The chairman of the board may appoint special joint

committees from among the members of the board to formulate

policy proposals in those areas which fall within the purview of

both of the councils.

(f) Except for the chairman, not more than two (2) members

serving on each council shall be employed [either in a school

system or] in the Department of Education. [For purposes of this

subsection, the State System of Higher Education shall not be

position and at least one holding a professional position on a

faculty of an institution of higher education. At least two (2)

members serving on each council shall have had previous

experience with vocational-technical education or training.

(g) The Secretary of Education, or his designated

representative, shall be the chief executive officer of the

board, shall be entitled to attend all meetings of the board and

councils, and shall have the right to speak on all matters

before the board and the councils but not to vote.

Section 2603-B. Powers and Duties of the Board.--(a) (1)

The board shall have the power, and its duty shall be, to review

standards, rules and regulations, the board shall consider the

economic impact and cost of implementing the policies,

principles, standards, rules and regulations.

(b) (1) The board and the Secretary of Education shall

jointly employ and fix the compensation of such staff as it

deems necessary to perform the duties of the board: Provided,

however, That the chairman of the board shall have sole

discretion to select an executive director for the board who

shall serve at the pleasure of the chairman.

(2) The board shall be entitled to legal counsel which shall

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