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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, DINNIMAN, EARLL, EICHELBERGER, WAUGH, RAFFERTY AND M. WHITE, JANUARY 24, 2011 |
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| REFERRED TO EDUCATION, JANUARY 24, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in school districts, further |
6 | providing for State Report Card; and providing for parent |
7 | petition. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 220(a)(2) of the act of March 10, 1949 |
11 | (P.L.30, No.14), known as the Public School Code of 1949, |
12 | amended July 7, 2006 (P.L.611, No.94), is amended to read: |
13 | Section 220. State Report Card.--(a) The department shall |
14 | create a State Report Card based on the information collected |
15 | pursuant to this section. The department: |
16 | * * * |
17 | (2) Shall publish on its World Wide Web site the State |
18 | Report Card, providing information at the State, local education |
19 | agency and school levels. The State Report Card shall include |
20 | all of the following: |
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1 | (i) Information regarding the number of schools and school |
2 | districts that have achieved adequate yearly progress and the |
3 | number of schools and school districts that have not achieved |
4 | adequate yearly progress. |
5 | (ii) Information regarding the number of schools and school |
6 | districts that have achieved each academic performance target |
7 | and the number of schools and school districts that have not |
8 | achieved each academic performance target. |
9 | (iii) Information regarding the number of schools and school |
10 | districts in which more than five percent (5%) of the students |
11 | to whom the PSSA test was administered were enrolled in the |
12 | school district for less than two (2) school years as of the day |
13 | on which the PSSA test was administered. |
14 | (iv) Information regarding the number of schools and school |
15 | districts identified under subparagraph (iii) that have achieved |
16 | each academic performance target and the number of schools and |
17 | school districts that have not achieved each academic |
18 | performance target. For the purposes of this subparagraph, |
19 | achievement of the academic performance target shall be |
20 | calculated by excluding the PSSA test score of any student who |
21 | was enrolled in the school district for less than two (2) school |
22 | years as of the day on which the PSSA test was administered. |
23 | (v) Information regarding the number of schools and school |
24 | districts in which more than five percent (5%) of the students |
25 | to whom the PSSA test was administered were classified as |
26 | limited English proficient as of the day on which the PSSA test |
27 | was administered. |
28 | (vi) Information regarding the number of schools and school |
29 | districts identified under subparagraph (v) that have achieved |
30 | each academic performance target and the number of schools and |
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1 | school districts that have not achieved each academic |
2 | performance target. For the purposes of this subparagraph, |
3 | achievement of the academic performance target shall be |
4 | calculated by excluding the PSSA test score of any student who |
5 | was classified as limited English proficient as of the day on |
6 | which the PSSA test was administered. |
7 | (vii) Information regarding the number of schools and school |
8 | districts in which more than sixteen percent (16%) of the |
9 | students to whom the PSSA test was administered were classified |
10 | as students with a disability as of the day on which the PSSA |
11 | test was administered. |
12 | (viii) Information regarding the number of schools and |
13 | school districts identified under subparagraph (vii) that have |
14 | achieved each academic performance target and the number of |
15 | schools and school districts that have not achieved each |
16 | academic performance target. For the purposes of this |
17 | subparagraph, achievement of the academic performance target |
18 | shall be calculated by excluding the PSSA test score of any |
19 | student who was classified as a student with a disability as of |
20 | the day on which the PSSA test was administered. |
21 | (ix) A list of the schools designated by the department as |
22 | persistently lowest-achieving schools. For purposes of this |
23 | subparagraph, "persistently lowest-achieving school" shall mean |
24 | a public elementary or secondary school in this Commonwealth |
25 | that is achieving within the lowest measured group of five |
26 | percent (5%) on the most recent assessment for which data is |
27 | posted on the Department of Education's public Internet website. |
28 | A "persistently lowest-achieving school" shall not include a |
29 | charter school, cyber charter school or vocational-technical |
30 | school. For purposes of this definition, "assessment" shall mean |
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1 | the PSSA test, the Keystone Exam, an equivalent local assessment |
2 | or another test: |
3 | (A) established by the State Board of Education to meet the |
4 | requirements of section 2603-B(d)(10)(i) and the No Child Left |
5 | Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425), or its |
6 | successor Federal statue; or |
7 | (B) required to achieve other standards established by the |
8 | Department of Education for the public school or school district |
9 | under 22 Pa. Code § 403.3 (relating to single accountability |
10 | system). |
11 | * * * |
12 | Section 2. The act is amended by adding a section to read: |
13 | Section 223. Parent Petition.--(a) The parents of at least |
14 | fifty-one percent (51%) of students in a school identified by |
15 | the Department of Education under section 220(a)(2)(ix) as |
16 | persistently lowest-achieving may petition the governing body of |
17 | the school to take one of the following actions: |
18 | (1) Close the school and reassign students currently |
19 | attending the school to another school of the appropriate grade |
20 | level within the same school district that is not a persistently |
21 | lowest-achieving school. |
22 | (2) Close the school and reopen the school as a charter |
23 | school pursuant to subsection (b)(2). |
24 | (3) Enter into an agreement with a person or a for-profit or |
25 | nonprofit organization providing educational or other services |
26 | or with another school district for alternative management of a |
27 | school. |
28 | (b) (1) Where the governing body receives a petition to |
29 | close a school and reassign students under subsection (a)(1): |
30 | (i) The governing body shall begin implementation of the |
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1 | action requested in the petition not more than three (3) |
2 | business days after receipt of the petition. |
3 | (ii) Students attending the school being closed shall be |
4 | reassigned no later than thirty (30) days after receipt of the |
5 | petition. |
6 | (2) Where the governing body receives a petition to close |
7 | the school and reopen the school as a charter school under |
8 | subsection (a)(2) or a petition for alternative management of a |
9 | school under subsection (a)(3) the following shall apply, |
10 | notwithstanding the provisions of section 1717-A: |
11 | (i) The intermediate unit of which the school is a member |
12 | shall appoint a committee that shall develop and issue a request |
13 | for proposals from persons, organizations or school districts to |
14 | form a charter school or provide alternative management of the |
15 | school. |
16 | (ii) The committee shall have five (5) members consisting of |
17 | the following: |
18 | (A) One (1) representative of the intermediate unit who |
19 | shall serve as chairperson. The intermediate unit representative |
20 | may not be an employe of the school subject to the petition or |
21 | the school district in which the school is located. |
22 | (B) Two (2) parents of students attending the school. |
23 | (C) Two (2) teachers employed by the school and selected by |
24 | a majority of the teachers employed by the school. |
25 | (iii) The request for proposals shall require that any |
26 | proposal submitted include a proposed implementation schedule. |
27 | (iv) Within ninety (90) days following the school's receipt |
28 | of the petition, a majority of the committee shall select the |
29 | winning proposal from the proposals received. |
30 | (v) A copy of the proposal selected by the committee shall |
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1 | be delivered to the governing body on the first business day |
2 | after selection of the proposal. Within five (5) business days |
3 | after receipt of the proposal, the governing body shall formally |
4 | approve the selection and begin implementing the proposal in |
5 | consultation with the individual or organization that submitted |
6 | the accepted proposal. |
7 | (3) (i) The Department of Education shall monitor the |
8 | governing body's implementation of the petition or an approved |
9 | proposal to ensure the implementation occurs in a timely manner. |
10 | (ii) If the department determines that the implementation |
11 | has been subject to unreasonable delay, the department shall |
12 | order the governing body or the individual or organization that |
13 | submitted the accepted proposal to adhere to an implementation |
14 | schedule established by the department. |
15 | (c) (1) A governing body that receives a petition under |
16 | this section shall implement the petition unless: |
17 | (i) the petition was filed for reasons other than improving |
18 | academic achievement or student safety; or |
19 | (ii) the petition was not signed by the parents of fifty-one |
20 | percent (51%) of students in the school that is the subject of |
21 | the petition. |
22 | (2) No petition shall be rejected for failure to comply with |
23 | procedural requirements developed by the Department of Education |
24 | under subsection (d)(1). |
25 | (3) (i) The department shall order a forfeiture of five |
26 | thousand dollars ($5,000) per day against a school district that |
27 | does not implement the petition or an approved proposal in a |
28 | timely manner as required under this section or does not comply |
29 | with the schedule imposed by the department under subsection (b) |
30 | (3). |
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1 | (ii) The department shall deduct the forfeiture from any and |
2 | all State payments made to the school district. |
3 | (d) (1) The Department of Education shall develop a form |
4 | for the petition permitted under subsection (a) and instructions |
5 | for filing the petition with the governing body. The form and |
6 | instructions shall be written in understandable language which |
7 | is not confusing or misleading to a person of average |
8 | intelligence. The form and instructions shall contain a |
9 | definition or explanation of terminology that would not be |
10 | ordinarily understood by a person of average intelligence. |
11 | (2) The instructions shall be made available on the |
12 | department's publicly accessible Internet website. |
13 | (e) Nothing in this section shall be construed to supersede |
14 | the following: |
15 | (1) A requirement of the No Child Left Behind Act of 2001 or |
16 | any successor Federal statute. |
17 | (2) A provision of a collective bargaining agreement in |
18 | effect on the effective date of this section. |
19 | Section 3. This act shall take effect in 60 days. |
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