PRINTER'S NO. 1466
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1122
Session of
2015
INTRODUCED BY KINSEY, D. COSTA, BISHOP, V. BROWN, McNEILL,
ACOSTA, C. PARKER, THOMAS, SCHWEYER, KIRKLAND, COHEN,
MAHONEY, SCHREIBER, BROWNLEE AND PASHINSKI, MAY 6, 2015
REFERRED TO COMMITTEE ON EDUCATION, MAY 6, 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 finances, further providing
for distress in school districts of the first class; in
grounds and buildings, further providing for public hearing
prior to closing school; and, in pupils and attendance,
providing for conditions for closing schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 696(i)(6) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended October 30, 2001 (P.L.828, No.83), is amended to read:
Section 696. Distress in School Districts of the First
Class.--* * *
(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 shall have the following powers:
* * *
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(6) Notwithstanding any other provisions of this act, to
close or reconstitute a school, including the reassignment,
suspension or dismissal of professional employes[.], except that
a school in a school district of the first class may not be
closed except as provided in sections 780, 1311 and 1311.1.
* * *
Section 2. Section 780 of the act, added April 4, 1984
(P.L.190, No.38), is amended to read:
Section 780. Public Hearing Prior to Closing School.--In the
event of a permanent closing of a public school or substantially
all of a school's facilities, the board of school directors
shall hold a public hearing on the question not less than three
(3) months prior to the decision of the board relating to the
closing of the school. Notwithstanding any provision of this act
or regulation, the board of school directors or a special board
of control in a school district of the first class shall hold a
separate hearing for each school that is proposed to be
permanently closed in the school district and for each school
designated to receive an increase of thirty per centum (30%) or
more in student enrollment as the result of a school being
permanently closed. Notice of the hearing shall be given in a
newspaper of general circulation in the school district at least
fifteen (15) days prior to the date of such hearings. The board
of school directors or a special board of control in a school
district of the first class shall conspicuously post notice of
the hearing on the school district's Internet website, if a
website is maintained. The published and posted notice must
contain the date, time, place and purpose of the hearing and
must be in English and Spanish.
Section 3. The act is amended by adding a section to read:
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Section 1311.1. Conditions for Closing Schools.--(a) In
determining whether a school is permanently closed under section
1311 and the students transferred to another school in the
school district, the board of school directors of a school
district or a special board of control exercising the authority
of a board of school directors in a school district of the first
class under section 696 shall:
(1) Prepare, or cause to be prepared, a thorough study of
each school proposed to be permanently closed. The study shall
focus primarily on the welfare of the students to be affected by
the proposed closure at both the school to be permanently closed
and the school to which the students will be transferred and
shall include, but may not be limited to, an evaluation of the
following:
(i) Enrollments, including any anticipated increase or
decrease in student enrollment based on both historical and
current projections, and the capacity of the school to which the
students from the school proposed to be closed will be
transferred to accommodate additional students.
(ii) A summary of any known or anticipated inconvenience or
hardship, including safety concerns, walking hazards or
transportation factors, which may affect the transfer of
students enrolled in the school proposed to be permanently
closed to another school in the school district.
(iii) Any known or projected cost of providing additional
school facilities.
(iv) Information on school closure counseling services
available to students enrolled in each school proposed to be
permanently closed.
(v) Information on student enrollment or population
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characteristics such as ethnicity, special needs, free and
reduced lunch and English language learners.
(vi) Description and comparison of the learning climate,
academic performance and special and innovative programming of
both the school proposed to be permanently closed and the school
to which the students will be transferred in the school
district.
(vii) The physical condition of the school facility of both
the school proposed to be permanently closed and the school to
which the students will be transferred in the school district,
including technological capacity or other educationally
innovative features.
(viii) The actual operating costs of the school proposed to
be permanently closed.
(ix) A summary of the anticipated financial impact that
would result from permanently closing the school.
(x) Information on the proximity of the school proposed to
be closed to other schools in the school district.
(xi) A summary of all procedures developed and implemented
to ensure community involvement and actual community input
regarding the criteria to be considered in the decision-making
process by community members representing parents, students,
social services, civic organizations, neighborhood businesses
and State and local government officials.
(xii) A summary of the anticipated disposition of the school
building, including any plans for the sale or lease of the
school building, and plans for the ongoing maintenance and
security of the closed school building.
(xiii) Any other information or factors the board of school
directors or special board of control deems relevant.
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(2) Conduct public hearings in accordance with section 780
for each school which is proposed to be closed in the school
district as well as for each school designated to receive an
increase of thirty per centum (30%) or more in student
enrollment as the result of school closures.
(b) When a board of school directors or a special board of
control in a school district of the first class finally
determines that a school will be permanently closed in a school
district, the following shall apply:
(1) School closure counseling services shall be provided to
students enrolled in a school proposed to be permanently closed
in the school district and may be provided to such students on a
temporary or as-needed basis and shall be provided in accordance
with the school district's policies and procedures governing
counseling services.
(2) School closure counseling services required under this
subsection shall be made available to all students enrolled in a
school subject to closure within thirty (30) days of the final
decision to permanently close the school.
(3) For the purposes of this subsection, the term "school
closure counseling services" shall mean group or individual
counseling provided to students enrolled in a school proposed to
be permanently closed in order to help such students transition
emotionally and physically to a new school in the school
district.
(c) A board of school directors or a special board of
control in a school district of the first class may authorize
the use of school guidance counselors employed by the school
district or professional counselors licensed in accordance with
the provisions of the act of July 9, 1987 (P.L.220, No.39),
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known as the "Social Workers, Marriage and Family Therapists and
Professional Counselors Act," to provide school closing
counseling services authorized under this subsection.
Section 4. This act shall take effect in 60 days.
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