Regular Session 2015-2016 House Bill 0213 P.N. 0386

PRINTER'S NO. 386

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

213

Session of

2015

INTRODUCED BY CRUZ, ROEBUCK, BROWNLEE, V. BROWN, O'BRIEN,

BISHOP, COHEN AND McCARTER, FEBRUARY 9, 2015

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 9, 2015

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 school directors, further

providing for number and appointment in districts of first

class and first class A; and, in school finances, providing

for election of school directors in school districts of the

first class.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 302 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, amended June 2,

1965 (P.L.86, No.59), is amended to read:

Section 302. Number and [Appointment in] Election of School

Directors in Districts of First Class and First Class A;

Reorganized District of First Class A Containing Former

Districts of Second, Third or Fourth Class: Terms of Office.--

(a) In each school district of the first class or of the first

class A, the board shall be known as the "Board of Public

Education," and shall consist of [fifteen (15) school directors,

whose term of office shall be six (6) years. The terms of five

of the members shall expire on the second Monday of November of

each odd numbered year, as now provided by law. The judges of

the courts of common pleas of the county in which such school

district is situated shall, in October of every odd numbered

year, appoint five (5) members for terms of six (6) years. Their

term of office shall begin on the second Monday of November next

following their appointment.] nine (9) school directors, who

shall be elected by the qualified voters of the school district

by specified districts, as provided for in this section. Each

candidate shall be nominated only for the specified district in

which the candidate resides and each elected member shall

represent only a specified district in which the elected member

resides.

(b) When a school district or districts of the second, third

or fourth class is merged into and becomes part of a district of

the first class A as a reorganized district under the provisions

of Article II, subdivision (i) of this act, the terms of office

of all directors of such district or districts of the second,

third or fourth class shall terminate on the date of

establishment of such reorganized district of the first class A.

As soon as a vacancy occurs in the office of Director of the

Board of Public Education, a resident of the area comprising the

district of the second, third or fourth class merged into and

becoming a part of the school district of the first class A

shall be [appointed] elected to the Board of Public Education of

the reorganized district [and following the expiration of the

term of the director so appointed, the appointment of directors

shall be without regard to this limitation].

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years, except the members elected at the initial election in

even-numbered school director districts , who shall serve for two

(2) years. In the event the first election occurs in an even-

numbered year, the terms of the initial members shall be

increased by one (1) year, so that future elections can be held

in odd-numbered years. In the case of death or resignation of

elected members, the president of the school board , elected

pursuant to section 403, shall appoint a member to fill the

vacancy from the same school director district in which the

vacancy occurred until the first Monday in December following

the next municipal primary occurring one hundred twenty (120)

days after the vacancy occurred.

(d) (1) In each school district of the first class, the

court of common pleas of the county in which the district is

located shall select nine (9) districts which best provide for

proportional representation of all segments of the population at

the time of the apportionment. The school director districts

shall be compact, contiguous and as nearly equal in population

as practicable.

(2) The president judge or an associate judge of the court

of common pleas of the county in which the district is located

shall preside over apportionment meetings. A majority of the

court of common pleas shall act .

(3) No later than forty-five (45) days after convening, the

court of common pleas shall file an apportionment plan with the

county board of elections to be submitted to the voters of the

district at the next primary election occurring not less than

ninety-one (91) days after the plan is filed with the county

board and at which primary election the candidates for members

of the school board shall be nominated.

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(4) No later than September 1 in the second year following

the year in which Federal decennial census data is officially

gathered, the court of common pleas of the county in which the

school district is situated shall reconvene. The duties of the

court of common pleas shall be, from the official data of the

United States Bureau of the Census, to define the lines that

divide the existing school director districts , to make any new

school director districts as nearly equal in population as

practicable, and as compact and contiguous as possible and to

best provide for racial balance on the board of school directors

of the school district. The number of school directors or school

director districts shall not be increased or decreased. In

addition, the court of common pleas shall make every effort to

maintain neighborhood boundary lines of communities of like

interest whenever practicable. The court of common pleas shall

file its plan no later than ninety (90) days after the specified

population data for the school district of the first class, as

determined by the Federal decennial census , is available.

(5) Any apportionment or reapportionment plan prepared by

the court of common pleas of the county in which the district is

located shall be published by the county board of elections once

in at least one (1) newspaper of general circulation in the most

populous municipality of the school district, which publication

shall contain a map of the school district showing the complete

apportionment or reapportionment of the school director

districts . The publication shall also state the population of

the school director districts having the smallest and largest

population and the percentage variation of the districts from

the average population for the districts.

(e) (1) Except as provided in paragraph (2), school

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directors shall be nominated and elected under the act of June

3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election

Code."

(2) Notwithstanding section 951 of the "Pennsylvania

Election Code," nomination papers for the office of school

director shall be filed in the same manner as nominations of

candidates of political bodies or independent candidates, as

provided by the "Pennsylvania Election Code," without regard to

political party membership. Nomination papers for the office of

school director must include the signatures of at least two

hundred fifty (250) qualified electors from the district in

which the candidate resides, without regard to political party

affiliation.

(f) (1) After the election of school directors from

specified districts, the Board of Public Education shall be

governed by the provisions of this act and other provisions of

general law relating to school districts of the first class

which are not inconsistent with the provisions of this section.

(2) The provisions of this section shall supersede all other

parts of this act and all other acts affecting the organization

of school districts of the first class to the extent that they

are inconsistent or in conflict with this section.

(3) All existing acts or parts of acts and resolutions

affecting the organization of school districts of the first

class not inconsistent or in conflict with the provisions of

this section shall remain in full force until modified or

repealed as provided by law.

(g) No superintendent, assistant superintendent, supervising

principal, teacher or other employe shall serve either

temporarily or permanently as a member of the school board.

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(h) Within thirty (30) days of the election of all school

directors of the Board of Public Education, the Department of

Education shall publish notice of the election of the Board of

Public Education in the Pennsylvania Bulletin.

Section 2. Section 696 of the act, amended October 30, 2001

(P.L.828, No.83), June 29, 2002 (P.L.524, No.88) and July 12,

2012 (P.L.1142, No.141), is amended to read:

Section 696. Distress in School Districts of the First

Class.--[(a) Within thirty (30) days of a declaration by the

Secretary of Education that a school district of the first class

is distressed under section 691(c), a School Reform Commission

shall be established consisting of four members initially

appointed by the Governor and one member initially appointed by

the mayor of the city coterminous with the school district. The

School Reform Commission shall be an instrumentality of a school

district of the first class, exercising the powers of the board

of school directors. The Governor shall appoint a chairman of

the School Reform Commission. At least three of the commission

members, including the member appointed by the mayor, must be

residents of the school district.

(b) Membership of the School Reform Commission shall be as

follows:

(1) Members appointed pursuant to this section shall serve

terms as follows:

(i) Two of the members appointed by the Governor shall serve

initial terms of seven (7) years.

(ii) One of the members appointed by the Governor shall

serve an initial term of five (5) years.

(iii) One of the members appointed by the Governor shall

serve an initial term of three (3) years. Upon the expiration of

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the initial term of this member, the mayor shall appoint an

individual to fill this position.

(iv) The member appointed by the mayor shall serve an

initial term of three (3) years.

(v) After the expiration of each initial term:

(A) Members appointed by the Governor under subclauses (i)

and (ii) shall be appointed for a term of five (5) years.

(B) Members appointed by the mayor under subclauses (iii)

and (iv) shall be appointed for a term of four (4) years.

(2) Except as authorized in this subsection, no commission

member may be removed from office during a term. The Governor

may, upon proof by clear and convincing evidence of malfeasance

or misfeasance in office, remove a commission member prior to

the expiration of the term. Before a commission member is

removed, that member must be provided with a written statement

of the reasons for removal and an opportunity for a hearing in

accordance with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice

and procedure of Commonwealth agencies) and Ch. 7 Subch. A

(relating to judicial review of Commonwealth agency action).

(3) Upon the expiration of term or the occurrence of a

vacancy in the office of a commission member appointed by the

Governor, the Governor shall appoint, with the consent of a

majority of the members elected to the Senate, the successor

member. Upon the expiration of term or the occurrence of a

vacancy in the office of a commission member appointed by the

mayor, the mayor shall appoint the successor member. An

appointment to fill a vacancy shall be for the balance of the

unexpired term.

(4) A commission member shall hold office until a successor

has been appointed and qualified.

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(5) A commission member may serve successive terms.

(6) No commission member may, while in the service of the

School Reform Commission, seek or hold a position as any other

public official within this Commonwealth or as an officer of a

political party.

(7) Commission members shall be reimbursed for reasonable

and necessary expenses incurred in the performance of their

official duties from funds of the school district.

(b.1) Actions of the School Reform Commission shall be by a

majority vote. A majority of the commission members appointed

shall constitute a quorum.

(b.2) Upon the issuance of a declaration by the Secretary of

Education that a school district of the first class is

distressed under section 691(c), the Governor shall appoint an

interim chairman of the School Reform Commission, who shall have

the full power and authority of the School Reform Commission.

The interim chairman shall serve for a term not to exceed thirty

(30) days. The interim chairman may be appointed to the School

Reform Commission pursuant to this section.]

may suspend or dismiss the superintendent or any person acting

in an equivalent capacity.

(e) The following shall apply:

(1) The [School Reform Commission] Board of Public Education

shall be responsible for the operation, management and

educational program of the school district of the first class.

The powers and duties of the board of school directors of a

school district of the first class shall be suspended. All

powers and duties granted heretofore to the board of school

directors of a school district of the first class under this act

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or any other law, including its authority to levy taxes and

incur debt, shall be vested in the [School Reform Commission

until the Secretary of Education issues a declaration under

subsection (n)] Board of Public Education.

(2) The [School Reform Commission] Board of Public Education

may enter into agreements necessary to provide for the

operation, management and educational programs of the school

district of the first class. The agreements shall include

appropriate fiscal and academic accountability measures.

Academic accountability measures shall include:

(i) Strategic goals and objectives for improving academic

performance.

(ii) Methods setting forth how the strategic goals and

objectives are to be achieved and the specific methodology for

evaluating results.

(h) The [School Reform Commission] Board of Public Education

shall be responsible for financial matters related to the

distressed school district of the first class and:

(1) All taxes authorized to be levied by a school district

of the first class or for a school district of the first class

by a city or county of the first class on the date of the

declaration of distress shall continue to be authorized and

levied in accordance with this act and shall be transmitted to

the school district. For the first fiscal year or part thereof

and every fiscal year thereafter in which the school district is

declared to be distressed, the amount appropriated or paid by

the city or county to the school district and the tax authorized

by the city or county to be levied for the school district or

dedicated to the school district shall be an amount or tax not

less than the highest amount paid by the city or county to the

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school district or authorized by the city or county to be levied

for the school district or dedicated to the school district

during any of the three full preceding fiscal years. In

addition, the city of the first class shall provide to the

school district of the first class all other available local

non-tax revenue, including grants, subsidies or payments made

during the prior year.

(2) In addition to the moneys collected under paragraph (1),

the city of the first class shall remit to the school district

of the first class for each year that the school district is

declared distressed that portion of all other local tax revenue

levied for a full fiscal year by a city or county of the first

class coterminous with a school district of the first class that

was allocated to the school district prior to the school

district being declared distressed in accordance with section

691(c).

(3) All taxes collected on behalf of a school district of

the first class by any person or entity, including a city or

county of the first class, shall be promptly paid following

collection to the [School Reform Commission] Board of Public

Education for the benefit of the school district.

(4) In the event the city or county of the first class does

not meet the financial obligations prescribed in this

subsection, the Commonwealth may apply to that obligation any

amounts otherwise due from the Commonwealth to the city or

county of the first class, including, but not limited to,

grants, awards and moneys collected by the Commonwealth on

behalf of the city or county of the first class. Funds withheld

shall be maintained in a separate account by the State Treasurer

to be disbursed as determined by the Secretary of Education in

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consultation with the State Treasurer.

(5) The [School Reform Commission] Board of Public Education

shall adopt a budget. Beginning with the first budget adopted by

the Board of Public Education, the budget shall contain a five

(5) year budget plan. The five (5) year budget plan shall be

adopted annually and shall be submitted to the Pennsylvania

Intergovernmental Cooperation Authority of the city of the first

class for review and approval by June 30 of each year.

(i) In addition to all powers granted to [the superintendent

by law and] a special board of control under section 693 and

notwithstanding any other law to the contrary, the [School

Reform Commission] Board of Public Education shall have the

following powers:

(1) (i) To appoint such persons and other entities as

needed to conduct fiscal and performance audits and other

necessary analyses.

(ii) Notwithstanding the provisions of subclause (i), the

Department of the Auditor General or the city controller of a

city of the first class may conduct fiscal audits and

performance audits, as necessary and as determined by the

Department of t he Auditor General and the city controller. The

Department of the Auditor General and the city controller shall

coordinate such audits so as not to disrupt the operations of

the school district of the first class or to duplicate efforts.

(2) To enter into agreements with persons or for-profit or

nonprofit organizations to operate one or more schools. A school

operated under this clause shall be funded in accordance with

the terms of the agreement. This clause shall be subject to the

following provisions:

(i) All applications to operate a charter school in a school

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year after a declaration of distress is issued and all charter

schools established after a declaration of distress is issued

shall not be subject to sections 1717-A(b), (c), (d), (e), (f),

(g), (h) and (i), 1722-A(c) and 1724-A.

(ii) The [School Reform Commission] Board of Public

Education may suspend or revoke a charter pursuant to section

1729-A.

(3) To suspend the requirements of this act and regulations

of the State Board of Education except that the school district

shall remain subject to those provisions of this act set forth

in sections 1073, 1073.1, 1076, 1077, 1078, 1080, 1732-A(a), (b)

and (c), 1714-B and 2104 and regulations under those sections.

(4) To employ professional and senior management employes

who do not hold State certification if the [School Reform

Commission] Board of Public Education has approved the

qualifications of the person at a salary established by the

[commission] board.

(5) To enter into agreements with persons or for-profit or

nonprofit organizations providing educational or other services

to or for the school district. Services provided under this

clause shall be funded in accordance with the terms of the

agreement.

(6) Notwithstanding any other provisions of this act, to

close or reconstitute a school, including the reassignment,

suspension or dismissal of professional employes.

(7) To suspend professional employes without regard to the

provisions of section 1125.1.

(8) To appoint managers, administrators or for-profit or

nonprofit organizations to oversee the operations of a school or

group of schools within the school district.

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(9) To reallocate resources, amend school procedures,

develop achievement plans and implement testing or other

evaluation procedures for educational purposes.

(10) To supervise and direct principals, teachers and

administrators.

(11) To negotiate any memoranda of understanding under the

collective bargaining agreement in existence on the effective

date of this section.

(12) To negotiate a new collective bargaining agreement.

(13) To delegate to a person, including an employe of the

school district or a for-profit or nonprofit organization,

powers it deems necessary to carry out the purposes of this

article, subject to the supervision and direction of the [School

Reform Commission] Board of Public Education.

(14) To employ, contract with or assign persons or for-

profit or nonprofit organizations to review the financial and

educational programs of school buildings and make

recommendations to the [School Reform Commission] Board of

Public Education regarding improvements to the financial or

educational programs of school buildings.

[(j) The board of school directors of the distressed school

district of the first class shall continue in office for the

remainder of their terms during the time the district is

operated by the commission unless removed for neglect of duty

under section 318 by the court of common pleas or unless the

director is elected to another position not compatible with the

position of school director or is appointed to a position for

which there is a requirement that the appointee shall hold no

elective office. The board of school directors shall perform any

duties delegated to it by the commission. The establishment of

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the School Reform Commission shall not interfere with the

regular selection of school directors for the school district of

the first class.]

(k) Collective bargaining between employes and the school

district of the first class shall be conducted in accordance

with this subsection. For purposes of collective bargaining, as

used in section 693 and this section: "professional employe"

shall have the meaning given in section 1101(1), and "teacher"

shall have the meaning given in section 1202-A.

(2) No distressed school district of the first class shall

be required to engage in collective bargaining negotiations or

enter into memoranda of understanding or other agreements

regarding any of the following issues:

(i) Contracts with third parties for the provision of goods

or services, including educational services or the potential

impact of such contracts on employes.

(ii) Decisions related to reductions in force.

(iii) Staffing patterns and assignments, class schedules,

academic calendar, places of instruction, pupil assessment and

teacher preparation time.

(iv) The use, continuation or expansion of programs

designated by the [School Reform Commission] Board of Public

Education as pilot or experimental programs.

(v) The approval or designation of a school as a charter or

magnet school.

(vi) The use of technology to provide instructional or other

services.

(3) A collective bargaining agreement for professional

employes entered into after the expiration of the agreement in

effect on the date of the declaration of distress shall provide

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for the following:

(i) A school day for professional employes that is equal to

or exceeds the State average as determined by the department. An

extension of the school day resulting from this requirement

shall be used exclusively for instructional time for students.

(ii) The number of instructional days shall be equal to or

exceed the State average number of instructional days.

(iii) The [School Reform Commission] Board of Public

Education shall not increase compensation for employes solely to

fulfill the requirements under subparagraphs (i) and (ii).

(4) A provision in any contract in effect on the date of the

declaration of distress under this subsection that is in

conflict with this subsection shall be discontinued in any new

or renewed contract.

(5) Except as specifically provided in section 693, nothing

in this subsection shall eliminate, supersede or preempt any

provision of an existing collective bargaining agreement until

the expiration of the agreement unless otherwise authorized by

law.

(6) If upon the termination of a collective bargaining

agreement in effect on the date of the declaration of distress

under this section a new collective bargaining agreement has not

been ratified, the [School Reform Commission] Board of Public

Education shall establish a personnel salary schedule to be used

until a new agreement is ratified.

(l) During the time the school district of the first class

is under the direction of the [School Reform Commission] Board

of Public Education, all school employes shall be prohibited

from engaging in any strike as defined in Article XI-A and

section 301 of the act of July 23, 1970 (P.L.563, No.195), known

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as the "Public Employe Relations Act." The Secretary of

Education may suspend the certificate of an employe who violates

this subsection.

[(n) The Secretary of Education, only upon the

recommendation of a majority of the School Reform Commission,

may issue a declaration to dissolve the School Reform

Commission. The dissolution declaration shall be issued at least

one hundred eighty (180) days prior to the end of the current

school year and shall be effective at the end of that school

year. Except as otherwise provided in this section, after

dissolution, the board of school directors shall have the powers

and duties of the School Reform Commission.]

(n.1) When a declaration has been issued by the Secretary of

Education under section 691(c) [and a School Reform Commission

has been appointed under this section], section 1705-B shall be

suspended for school districts of the first class.

(n.2) Beginning [in 2003] after the publication notice

provided for in section 302(h), by August 31 of each year, the

[School Reform Commission] Board of Public Education shall

provide a report for the preceding school year regarding

progress made toward improvements in fiscal and academic

performance in a school district of the first class. The report

shall be filed with the Governor's Office and with 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.

(o) The provisions of this section are severable. If any

provision of this section or its application to any person or

circumstance is held invalid, the invalidity shall not affect

the remaining provisions or applications.

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(p) For purposes of this section, "Board of Public

Education" shall mean the elected board of school directors of

the first class as provided in section 302.

Section 3. This act shall take effect as follows:

(1) The amendment of section 302 of the act shall take

effect in 60 days.

(2) The remainder of this act shall take effect

following the publication of notice in the Pennsylvania

Bulletin of the election of the Board of Public Education.

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