Bill Text: PA SB1048 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for mandate waiver program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-07-23 - Referred to EDUCATION [SB1048 Detail]

Download: Pennsylvania-2009-SB1048-Introduced.html

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PRINTER'S NO. 1340
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1048 Session of2009
INTRODUCED BY DINNIMAN, JULY 23, 2009
REFERRED TO EDUCATION, JULY 23, 2009
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," further providing for mandate waiver
program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1714-B(b) and (f) of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
added May 10, 2000 (P.L.44, No.16), are amended and the section
is amended by adding a subsection to read:
Section 1714-B. Mandate Waiver Program.--* * *
(b) The application for a waiver shall be in a manner and in
a form developed by the department and shall:
(1) Specify the need for the waiver.
(2) Provide supporting data and information to explain the
benefits to be obtained by the waiver and, when applicable, to
explain the instructional program that will operate under the
waiver.
(3) Include an evaluation procedure to determine the
effectiveness of an innovative program or programs; the
effectiveness of a revised instructional program, which shall
include measures of student performance; and the effectiveness
of changes in the operations of the school district.
(4) For granted waivers under section 751 or 751.1, such
evaluation shall also include information on savings, projects,
chronology, conformity with the Uniform Construction Code and
information regarding change orders, including the rationale for
such change orders.
* * *
(d.1) The department shall not grant a waiver for section
751 where the school district has failed to solicit multiple
prime and single prime construction bids and has not awarded the
contract to the lowest responsible bidder. Notwithstanding
subsection (d), failure by the department to act within the
proscribed time period shall not constitute an approval of a
waiver of section 751.
* * *
(f) Evaluations set forth in subsection (b)(3) shall be
submitted as follows:
(1) Three years from the implementation of the waiver, the
board of school directors shall submit to the department the
evaluation set forth in subsection (b)(3). When the evaluation
of a waiver indicates an improvement in student performance,
instructional program or school operations, the waiver shall be
renewed by the department and shall remain in effect, unless
rescinded by the board of school directors.
(2) Evaluations for a granted waiver, under section 751 or
751.1 shall be due three years from the date of waiver
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implementation, with additional reports to be submitted annually
each year thereafter until the project is complete. Failure to
file the evaluation in a timely manner for a granted waiver
under section 751 or 751.1 shall result in the department's
disapproving any future waivers under section 751 or 751.1 until
the evaluation is adequately filed.
* * *
Section 2. This act shall take effect in 60 days.
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