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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY HUGHES, TARTAGLIONE, FERLO, BLAKE, YUDICHAK, LEACH, COSTA, FONTANA AND WOZNIAK, APRIL 8, 2011 |
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| REFERRED TO EDUCATION, APRIL 8, 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," providing for victory academies. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known |
9 | as the Public School Code of 1949, is amended by adding an |
10 | article to read: |
11 | ARTICLE XVII-C |
12 | VICTORY ACADEMIES |
13 | (a) Preliminary Provisions |
14 | Section 1701-C. Short title. |
15 | This article shall be known as and may be cited as the |
16 | Victory Academy Pilot Act. |
17 | Section 1702-C. Legislative intent. |
18 | It is the intent of the General Assembly, in enacting this |
19 | article, to study and determine the potential for increased |
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1 | student academic achievement through the establishment and |
2 | operation of pilot victory academies that incorporate additional |
3 | educational supports, including expanded instruction, |
4 | assessment, tutoring and student and family services. |
5 | Section 1703-C. Definitions. |
6 | The following words and phrases when used in this article |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Academic performance indicator." The Pennsylvania System of |
10 | School Assessment test, the Keystone Exam, an equivalent local |
11 | assessment or another test established by the State Board of |
12 | Education to meet the requirements of section 2603-B(d)(10)(i) |
13 | and required under the No Child Left Behind Act of 2001 (Public |
14 | Law 107-110, 115 Stat. 1425) or its successor Federal statute or |
15 | required to achieve under other standards established by the |
16 | Department of Education under 22 Pa. Code § 403.3 (relating to |
17 | single accountability system). |
18 | "Applicant." A qualified charter school operator that |
19 | submits an application and plan to operate a victory charter |
20 | school to a school district. |
21 | "Department." The Department of Education of the |
22 | Commonwealth. |
23 | "Lowest achieving school." A public elementary or secondary |
24 | school within this Commonwealth achieving within the lowest |
25 | measured group of 5% on the most recent assessment for which |
26 | data is posted on the Department of Education's publicly |
27 | accessible Internet website. The term does not include a charter |
28 | school, cyber charter school, area vocational-technical school, |
29 | a public school that does not draw its student body from a |
30 | particular attendance boundary or a school with a specialized |
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1 | academic program that has specific admissions criteria. |
2 | "Operator." The board of trustees of a qualified charter |
3 | school or the board of school directors of a school district. |
4 | "Qualified charter school." A charter school that places in |
5 | the top quartile of all public schools in the latest ranking of |
6 | all public schools based on student academic scores on the |
7 | Pennsylvania System of School Assessment test or other similar |
8 | test adopted by the State Board of Education to assess the |
9 | academic achievement of students. |
10 | "School." A lowest achieving school that is placed on the |
11 | victory academy list established under section 1713-C. |
12 | "School district." A school district with one or more lowest |
13 | achieving schools placed on the victory academy list established |
14 | under section 1713-C. |
15 | "Teacher." An individual who holds a Pennsylvania |
16 | instructional certificate, educational specialist or |
17 | administrative certification or letter of eligibility. |
18 | "Victory academy." A victory public school or a victory |
19 | charter school. |
20 | (b) Victory Academies |
21 | Section 1710-C. Victory Academy Pilot Program. |
22 | (a) Establishment.--The Victory Academy Pilot Program is |
23 | established as a four-year pilot program to require school |
24 | districts to restructure the governance and operation of schools |
25 | to improve the academic performance of students in those |
26 | schools. |
27 | (b) Operation.--Notwithstanding Article XVII-A, the |
28 | operation of victory academies shall begin in the 2011-2012 |
29 | school year and continue through the 2014-2015 school year. |
30 | Section 1711-C. Victory academy requirements. |
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1 | (a) General rule.--A victory academy shall: |
2 | (1) Operate as a neighborhood school responsible for the |
3 | education of all students in the victory academy student |
4 | assignment area. |
5 | (2) Operate in the same school facility where the school |
6 | previously operated, where feasible. |
7 | (3) Enter into an agreement with the school district |
8 | that establishes minimum standards governing annual increases |
9 | in the academic performance indicators that are agreed upon |
10 | with the school district. |
11 | (4) No later than 30 days following the initial startup |
12 | of a victory academy, conduct ongoing assessments of student |
13 | performance, including an initial baseline assessment of |
14 | knowledge and skills in each grade level and academic content |
15 | area in which instruction will be provided. |
16 | (5) Establish data-driven instructional programs. |
17 | (6) Provide curriculum that is aligned with State |
18 | academic standards contained in 22 Pa. Code Ch. 4 (relating |
19 | to academic standards and assessment). |
20 | (7) In the case of a school that provides kindergarten |
21 | instruction, provide a full-day kindergarten program. |
22 | (8) Provide appropriate educational programs for |
23 | students who are eligible for special education and related |
24 | services, English Language Learner services and mentally |
25 | gifted services. |
26 | (9) For nonspecial education students, develop |
27 | appropriate educational goals for each student and offer |
28 | differentiated instruction to meet the needs of all students. |
29 | (10) Provide academic supports and interventions, |
30 | including tutoring and other appropriate educational |
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1 | assistance, that are targeted for students who perform below |
2 | proficiency standards on an academic performance indicator. |
3 | (11) Provide for a student-to-teacher ratio that does |
4 | not exceed 15 students to 1 teacher for elementary grades and |
5 | 20 students to 1 teacher for secondary grades. |
6 | (12) Provide for appropriate school staffing that |
7 | includes establishing positions and selecting staff to |
8 | address the needs of the students and provide professional |
9 | development for all instructional and support staff. |
10 | (13) Notwithstanding the provisions of section 1327, |
11 | provide for a minimum of 1,100 hours of elementary |
12 | instruction or 1,190 hours of secondary instruction, as |
13 | applicable, which may include any of the following: a |
14 | lengthened school day, an extended school year, a minimum of |
15 | four weeks of summer school and Saturday instructional |
16 | classes. Notwithstanding the provisions of section 1502(a), a |
17 | victory academy may conduct instructional classes on |
18 | Saturday. |
19 | (14) Provide programs to improve parental involvement, |
20 | which may include: |
21 | (i) Creation of a school advisory council. |
22 | (ii) Professional development programs for |
23 | administrators, teachers and support professionals that |
24 | focus on communicating about students' academic goals |
25 | with parents and interaction with family members from |
26 | different cultural and linguistic backgrounds. |
27 | (iii) Programs that provide instruction on parenting |
28 | skills and opportunities for parents to engage in the |
29 | operation of the victory academy and its curriculum. |
30 | (iv) Establishment of a school liaison to ensure the |
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1 | sharing of information between families and teachers and |
2 | who is available to meet with parents after normal school |
3 | hours. |
4 | (v) Provision of supports to families for students |
5 | most at risk of academic failure, truancy and dropping |
6 | out of school by school-based social workers and home and |
7 | school visitors. |
8 | (vi) Programs to improve parent and student |
9 | satisfaction, which may include programs to improve |
10 | communications with parents and provide parents with |
11 | opportunities to provide feedback to the school. |
12 | (15) Programs to improve access to intensive social |
13 | services for victory academy students and their families, |
14 | which may include family counseling services, home, school |
15 | and community safety programs and substance abuse treatment. |
16 | A victory academy may provide such services or work with |
17 | community providers or public or private institutions to |
18 | refer students and families to these services. |
19 | (16) Formulate and implement programs designed to |
20 | improve the learning environment and school culture, which |
21 | shall include measures to ensure the safety of students and |
22 | staff, and may include the following: |
23 | (i) Positive behavioral supports. |
24 | (ii) Professional development. |
25 | (iii) Coordination with community partners. |
26 | (iv) An increase in extracurricular activities for |
27 | victory academy students. |
28 | (b) Required elements.--The required elements for the models |
29 | of a victory academy are as follows: |
30 | (1) The following shall apply to a victory public |
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1 | school: |
2 | (i) A school district shall operate a victory public |
3 | school. |
4 | (ii) (A) Staff at a victory public school shall be |
5 | employees of the school district who are selected by |
6 | the victory public school for employment at the |
7 | victory public school. |
8 | (B) Staff shall be subject to collective |
9 | bargaining agreements for the school district, |
10 | provided that the staff shall enter into a |
11 | supplementary agreement governing staffing and |
12 | certain school working conditions, including the |
13 | scheduling of school hours and the school year, |
14 | consistent with this article. |
15 | (C) Staff compensation at a victory public |
16 | school shall include performance-based pay and |
17 | incentives not solely based upon student performance |
18 | on a single assessment. |
19 | (2) The following shall apply to a victory charter |
20 | school: |
21 | (i) An operator of a victory charter school that is |
22 | selected by a school district under section 1715-C shall |
23 | enter into a four-year charter agreement with the school |
24 | district for the operation of the school. |
25 | (ii) The operator of a qualified charter school |
26 | shall govern the operation of a victory charter school. |
27 | (iii) (A) Staff at a victory charter school, who |
28 | are employed by the victory charter school, shall not |
29 | be considered employees of the school district. |
30 | (B) Teachers who are currently employed by the |
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1 | school district at a school which is converted into a |
2 | victory charter school may request a leave of absence |
3 | for up to four years from the school district to |
4 | become an employee of a victory charter school. |
5 | (C) Staff compensation at a victory charter |
6 | school shall be determined by the board of trustees |
7 | of the victory charter school and shall include |
8 | performance-based pay and incentives that are not |
9 | solely based upon student performance on a single |
10 | assessment. |
11 | (iv) Parental and community involvement shall occur |
12 | through the school advisory council, participation on the |
13 | board of trustees of a victory charter school or other |
14 | organizations established in the charter agreement. |
15 | (v) Provisions of Article XVII-A relating to the |
16 | operation of a charter school shall apply to the |
17 | operation of a victory charter school. |
18 | (vi) Notwithstanding the provisions of subparagraph |
19 | (v), the following shall not apply to the conversion or |
20 | operation of a victory charter school: |
21 | (A) The provisions under section 1717-A. |
22 | (B) The provisions under section 1720-A. |
23 | (C) The provisions under section 1722-A(a). |
24 | (D) Except for section 1723-A(b)(1), the |
25 | provisions under section 1723-A. |
26 | Section 1712-C. Community input. |
27 | (a) General rule.--Prior to the selection of an operator of |
28 | a victory charter school, a school district shall conduct the |
29 | following meetings: |
30 | (1) At least two community meetings at each school to be |
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1 | held during the evening that shall include a presentation on |
2 | the Victory Academy Pilot Program, distribution of |
3 | information materials and a question and answer session with |
4 | parents and community members to address the conversion of |
5 | schools to a victory academy. The school district shall |
6 | provide public notice for each community meeting. |
7 | (2) At least one staff meeting at each school that shall |
8 | include: a presentation on the Victory Academy Pilot Program |
9 | with information on the placement of the school on the |
10 | victory academy list, the selection for conversion and how |
11 | the final selection may impact staff employment at the |
12 | victory academy. |
13 | (b) Opportunity for public comment.--In addition to the |
14 | meetings required under subsection (a), a school district shall |
15 | provide an opportunity for public comments which shall be |
16 | considered by the school district in making its selection under |
17 | section 1715-C. |
18 | Section 1713-C. Victory academy list; identification of |
19 | qualified charter schools. |
20 | (a) General rule.-- |
21 | (1) Within five days of the effective date of this |
22 | section, the department shall: |
23 | (i) Identify the lowest achieving schools as of the |
24 | effective date of this section and place them on a |
25 | victory academy list. |
26 | (ii) Notify each school district with one or more |
27 | schools on the victory academy list of the placement of |
28 | the school or schools on the victory academy list. |
29 | (2) (i) Following notification, a school district that |
30 | has implemented measures that are substantially similar |
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1 | to provisions of this article for new governance and |
2 | operation in specific lowest achieving schools on the |
3 | effective date of this section may petition the |
4 | department for removal of such lowest achieving schools |
5 | from the victory academy list. The department shall |
6 | determine the required documentation for submission by |
7 | the school district to support a petition. |
8 | (ii) Within 20 days of receipt of a petition under |
9 | this paragraph, the department shall approve the petition |
10 | and remove the applicable lowest achieving schools from |
11 | the victory academy list where the department determines |
12 | that the measures implemented are substantially similar |
13 | to the provisions of this article. |
14 | (b) Department duties.--Within 15 days of the effective date |
15 | of this section, the department shall: |
16 | (1) Identify all charter schools that meet the criteria |
17 | for designation as a qualified charter school. |
18 | (2) Notify each school district of all qualified charter |
19 | schools located within ten miles of the boundaries of the |
20 | school district by the nearest public highway. |
21 | Section 1714-C. Duties of school districts. |
22 | A school district shall have the following duties: |
23 | (1) Within five days of notification under section |
24 | 1713-C(a)(1)(ii), develop standards for the operation of |
25 | victory academies to include the following: |
26 | (i) Requirements contained in section 1711-C(a). |
27 | (ii) A minimum annual increase in academic |
28 | performance indicators to be incorporated into a charter |
29 | for the operation of a victory charter school and to be |
30 | incorporated into the operation of a victory public |
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1 | school by the school district. |
2 | (iii) A plan to provide or provide access to |
3 | applicable intensive social services to support school |
4 | students and their families who will attend a victory |
5 | academy in compliance with section 1711-C(a)(15). |
6 | (2) Provide for public participation through |
7 | informational meetings pursuant to section 1712-C. |
8 | (3) Select the operator of a victory academy for each |
9 | school pursuant to section 1715-C. |
10 | (4) Where no qualified charter school applies for or is |
11 | selected to operate a victory charter school, develop a plan |
12 | for the operation of each school as a victory public school |
13 | that incorporates the standards established under paragraph |
14 | (1). |
15 | (5) Following conclusion of the 2013-2014 school year, |
16 | submit all required information and data to the department |
17 | pursuant to section 1719-C(a). |
18 | Section 1715-C. Selection of victory academy operator. |
19 | (a) General rule.--A school district shall select an |
20 | operator to convert the school into a victory academy and |
21 | operate the victory academy as either a victory public school or |
22 | a victory charter school. |
23 | (b) Notice.--Where the school district receives notice |
24 | pursuant to section 1713-C(b)(2), a school district shall |
25 | solicit proposals from qualified charter schools for the |
26 | operation of each school within 45 days of notification under |
27 | section 1713-C(a)(1)(ii). |
28 | (c) Plan of operation.--A qualified charter school operator |
29 | may submit to the school district an application to include a |
30 | plan for the operation of a victory charter school that |
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1 | implements the standards established under section 1711-C(a). |
2 | (d) Proposals.--Where a school district receives one or more |
3 | proposals from an applicant for the conversion of a school to a |
4 | victory charter school: |
5 | (1) The school district shall evaluate the |
6 | qualifications of the applicants and the quality of the plans |
7 | submitted. |
8 | (2) The school district shall either: |
9 | (i) select the qualified charter school best suited |
10 | to operate a victory charter school; or |
11 | (ii) where the school district determines that the |
12 | qualifications of all of the applicants or the quality of |
13 | the plans submitted are not satisfactory, prepare and |
14 | implement a plan for the conversion of the school into a |
15 | victory public school. |
16 | (3) Provided that a sufficient number of qualified |
17 | applicants apply for operation of a victory charter school |
18 | and the applicants and the plans submitted are satisfactory |
19 | pursuant to paragraph (2)(ii), a school district shall |
20 | consider the qualified applicants for the conversion of |
21 | schools into victory charter schools. |
22 | (e) School-prepared plan.--Where a school district does not |
23 | receive any satisfactory applications as reasonably determined |
24 | by the school district from a charter school applicant for the |
25 | conversion of a school to a victory charter school or where a |
26 | school district does not receive notice under section 1713-C(b), |
27 | the school district shall prepare and implement a plan for the |
28 | conversion of the school into a victory public school within 90 |
29 | days of the receipt of notice pursuant to section 1713-C(a)(1) |
30 | (ii). |
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1 | Section 1716-C. Payments for victory charter schools. |
2 | Notwithstanding the provisions of section 1725-A(a)(2) and |
3 | (3), an agreement between a school district and a victory |
4 | charter school shall include a payment rate for each nonspecial |
5 | education student and for each special education student. |
6 | Section 1717-C. Transportation. |
7 | A school district shall provide transportation for students |
8 | who attend a victory academy in accordance with section 1361. |
9 | Section 1718-C. Department duties. |
10 | The department shall have the following duties: |
11 | (1) Provide technical assistance to school districts in |
12 | the implementation of this article. |
13 | (2) Prepare and distribute forms and documentation |
14 | necessary to implement this article, including documentation |
15 | to report data regarding the academic performance of each |
16 | victory academy for compliance with section 1719-C. |
17 | (3) Establish guidelines as necessary to implement this |
18 | article. |
19 | Section 1719-C. Study. |
20 | (a) Performance information.--Within 30 days of the |
21 | conclusion of the 2011-2012, 2012-2013 and 2013-2014 school |
22 | years, a school district and an operator of a victory charter |
23 | school shall submit to the department such information as |
24 | required by the department in the manner indicated by the |
25 | department on the academic performance indicators agreed upon |
26 | between a victory academy and the school district. |
27 | (b) Effectiveness study.--Within 90 days of the conclusion |
28 | of the 2013-2014 school year, the department shall conduct a |
29 | study and prepare a written report on the effectiveness of the |
30 | Victory Academy Pilot Program to raise student academic |
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1 | performance and submit it to the Governor, the chairman and |
2 | minority chairman of the Education Committee of the Senate and |
3 | the chairman and minority chairman of the Education Committee of |
4 | the House of Representatives. |
5 | (c) Miscellaneous Provisions |
6 | Section 1731-C. Inconsistent provisions. |
7 | The provisions of Article XVII-A that do not conflict with or |
8 | are not inconsistent with the provisions of this article shall |
9 | apply to this article. |
10 | Section 1732-C. Expiration. |
11 | This article shall expire December 31, 2015. |
12 | Section 2. This act shall take effect immediately. |
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