PRINTER'S NO. 54
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
73
Session of
2021
INTRODUCED BY LANGERHOLC, MARTIN, ARGALL, STEFANO, AUMENT,
J. WARD, DiSANTO, PHILLIPS-HILL, KEARNEY, MASTRIANO, ARNOLD,
GORDNER, MENSCH, PITTMAN AND BAKER, JANUARY 20, 2021
REFERRED TO EDUCATION, JANUARY 20, 2021
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 preliminary provisions, providing
for mandate waiver program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 129. Mandate Waiver Program.--(a) Except as
otherwise provided in this section, a governing body may adopt a
resolution to apply to the department for a waiver of one or
more provisions of this act, regulations of the State Board,
standards of the secretary, policies or guidance of the
department or any other provisions of law permitted to be waived
under this section to enable the school entity to improve
instructional programs or operate in a more effective, efficient
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or economical manner.
(b) The application for a waiver shall be submitted in a
manner and on a form established by the department. The
application may only require applicants to:
(1) Specify the provisions of this act, regulations of the
State Board, standards of the secretary or policies or guidance
of the department for which the applicant is seeking a waiver.
(2) Include the reasons why the waiver is being requested.
(3) Provide supporting data or information to explain the
benefits expected to be obtained as a result of the waiver.
(c) Each application for waiver shall be adopted by a
resolution of a governing body at a regularly scheduled meeting
of the governing body. Approval from the department shall be
required prior to implementing the waiver.
(d) The department, in considering each waiver application:
(1) May not impose any additional requirements on the waiver
applicant other than the requirements specified in this section.
(2) Shall approve any waiver application that:
(i) Complies with the application process and provides all
information required in the application form developed by the
department under subsection (b).
(ii) Does not conflict with a provision of Federal law or
regulation or any other law or regulation that is not permitted
to be waived under this section.
(e) The department shall have thirty (30) days from receipt
of the waiver application to issue a written approval,
disapproval or request modifications to the application. If the
department fails to act within that time period, the waiver
application shall be deemed to be approved.
(f) (1) If the department requests modification to or
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disapproves the waiver application, the specific reasons for the
department's request or disapproval shall be transmitted to the
waiver applicant.
(2) If the department denies an application, the response to
the applicant shall include an explanation of any provision of
law, regulation of the State Board, standard of the secretary or
policies or guidance of the department that is not subject to
waiver under this section and would be violated if the
application were granted.
(3) The waiver applicant may submit a revised application
for a waiver in accordance with subsection (c).
(4) A waiver applicant may appeal a disapproval to the
secretary pursuant to 2 Pa.C.S. Chs. 5 (relating to practice and
procedure) and 7 (relating to judicial review). A waiver
applicant shall not be required to revise and resubmit the
waiver application prior to appealing a disapproval.
(g) A waiver shall remain in effect permanently unless
rescinded by the governing body or found by a court of competent
jurisdiction to be in violation of subsection (d)(2)(ii).
(h) The following shall not be subject to waiver pursuant to
this section:
(1) The following provisions of this act: sections 106, 108,
110, 111, 111.1, 321, 322, 323, 324, 325, 326, 327, 328, 431,
436, 437, 440.1, 443, 513, 518, 527, 701.1, 708, 740, 741, 751,
752, 753, 771, 776, 785, 808, 809, 810, 1073, 1073.1, 1076,
1077, 1080, 1302, 1303, 1310, 1310.1, 1317, 1317.2, 1318, 1327,
1327.1, 1327.2, 1330, 1332, 1361, 1366, 1501, 1502, 1513, 1517,
1518, 1521, 1523, 1526, 1546 and 1547, provisions prohibiting
discrimination, Articles VI, VI-A, XI, XI-A, XII, XIII-A, XIII-
B, XIII-C, XIII-D, XIII-E, XIV, XVII-A and this section.
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(2) The following provisions of 22 Pa. Code (relating to
education):
Chapter 4 (relating to academic standards and assessment).
Chapter 10 (relating to safe schools).
Chapter 11 (relating to student attendance).
Chapter 12 (relating to students and student services).
Chapter 14 (relating to special education services and
programs).
Chapter 15 (relating to protected handicapped students).
Chapter 16 (relating to special education for gifted
students).
Chapter 235 (relating to Code of Professional Practice and
Conduct for Educators).
Chapter 711 (relating to services and programs for children
with disabilities).
(3) For intermediate units, Article IX-A and 22 Pa. Code
Ch. 17 (relating to intermediate units).
(4) For area career and technical schools, Article XVIII and
22 Pa. Code Ch. 339 (related to vocational education).
(i) The department shall maintain and annually update a
listing of all approved waiver applications on the department's
publicly accessible Internet website. The listing shall include
the name of the school entity and the provisions of law,
regulation, standard of the secretary or policies or guidance of
the department for which waivers were granted.
(j) Nothing in this section shall be construed to supersede
or preempt any provisions of a collective bargaining agreement
in effect on the effective date of this subsection.
(k) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
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the context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Governing body." A board of school directors or other
governing authority of a school entity.
"School entity." A school district, charter school, cyber
charter school, regional charter school, area career and
technical school or intermediate unit.
"Secretary." The Secretary of Education of the Commonwealth.
"State Board." The State Board of Education.
"Waiver applicant." A school entity that applies for a
waiver under this section.
Section 2. This act shall take effect in 60 days.
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