PRINTER'S NO. 1156
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
995
Session of
2017
INTRODUCED BY GROVE, ZIMMERMAN, RYAN, ORTITAY, MILLARD AND
PHILLIPS-HILL, MARCH 28, 2017
REFERRED TO COMMITTEE ON EDUCATION, MARCH 28, 2017
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," providing for innovation schools.
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 an
article to read:
ARTICLE XV-J
INNOVATION SCHOOLS
Section 1501-J. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Education management service provider." A for-profit or
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nonprofit management organization, nonprofit charter management
organization, school design provider, business manager or any
other partner entity with which a school district contracts to
provide educational design, business services, comprehensive
management or personnel functions. The term shall not include a
charter school foundation.
"Innovation school." A school that:
(1) is part of a school district;
(2) ranks in the lowest 15% of the school's
classification as an elementary or secondary school according
to the SPP; and
(3) has an SPP score that does not exceed 60.
"Innovation School Board." The board created under section
1509-J.
"Local governing body." A board of school directors, school
reform commission or other governing authority of a school
district.
"School Performance Profile" or "SPP." A comprehensive
overview of student academic performance in a public school
developed and compiled annually by the department under section
1123.
"Secretary." The Secretary of Education of the Commonwealth.
Section 1502-J. Identification of intervention schools.
(a) General rule.-- By October 1, 2017, and by October 1 of
each year thereafter, the department shall publish on its
publicly accessible Internet website and in the Pennsylvania
Bulletin a list of innovation schools.
(b) Designation.--Within 20 days of the department's
publication under subsection (a), the Innovation School Board
shall designate as innovation schools all schools that meet the
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criteria of an innovation school.
Section 1503-J. Powers of local governing body.
A local governing body shall have all the following powers
with respect to an innovation school within its jurisdiction:
(1) authority to enter into agreements with education
management service providers to operate the school;
(2) authority to employ professional and senior
management employees who do not hold State certification in
the innovation school, if the local governing body has
approved the employee's qualifications, at a salary
established by the local governing body;
(3) authority to enter into agreements with persons or
education management service providers providing educational
or other services to the school;
(4) authority to close or reconstitute the school,
including the reassignment, suspension or dismissal of
professional employees;
(5) authority to suspend professional employees without
regard to the provisions of seniority and according to a
professional employee's performance;
(6) authority to appoint managers, administrators or
education management service providers to oversee the
operations of the school;
(7) authority to convert the school to a charter school;
and
(8) authority to apply to the Innovation School Board
for a waiver of any provision of this act, regulation of the
State Board of Education or standard of the secretary that
inhibits the ability of the school to increase student
achievement.
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Section 1504-J. Advisory teams.
The following apply:
(1) Within 30 days of a school's initial designation as
an innovation school, the local governing body shall convene
the following for the innovation school:
(i) An academic advisory team, comprised of the
following members:
(A) A school administrator appointed by the
local governing body.
(B) A school business manager or individual
responsible for the fiscal management of the district
appointed by the local governing body.
(C) A teacher appointed by the local governing
body.
(D) Three experts, appointed by the local
governing body in consultation with the department,
who possess knowledge and experience in such areas as
school or business administration, staff development,
early childhood education, curriculum development,
budget development or fiscal management, labor
relations or special education.
(ii) A community advisory team comprised of the
following members appointed by the local governing body:
(A) Three parents of students attending the
innovation school.
(B) Three residents of the area served by the
innovation school who are not parents of students
attending the innovation school.
(2) The academic advisory team and the community
advisory team may terminate when the school is no longer
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designated as an innovation school.
Section 1505-J. Diagnostic evaluation.
The following apply:
(1) Within three months of a school's initial
designation as an innovation school, each local governing
body of a school district, in which at least one school has
been designated as an innovation school, shall conduct a
districtwide review of academic programs, management and
operations, including whether school facilities are being
used to maximize student academic opportunities, using a
standard evaluation and diagnostic tool and submit its
findings to the Innovation School Board.
(2) A local governing body which has completed a
diagnostic evaluation within the past five years under
paragraph (1) shall not be required to complete a
districtwide diagnostic evaluation developed by the
department subsequent to the initial designation of a new
innovation school within its jurisdiction, provided that the
local governing body shall complete, within two months of the
designation of a new innovation school, a supplemental study
of the school to the extent that the needs of the school are
different from those of the district.
Section 1506-J. School improvement plan.
The following apply:
(1) Using the results of the diagnostic evaluation under
section 1505-J(1), the local governing body, with input from
the academic advisory team and the community advisory team,
shall develop for each innovation school a school improvement
plan that shall include all of the following:
(i) Performance goals consistent with School
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Performance Profile benchmarks and timetables to improve
academic performance.
(ii) Revisions to curriculum or instructional
practices.
(iii) A system of academic accountability for
students and administrators.
(iv) Procedures to increase parent and community
involvement.
(v) Policies to provide individual schools greater
authority over personnel, budget and educational
programming.
(vi) A multiyear strategic plan with annual goals
and measurable objectives based on identified needs,
projected enrollment and revenue.
(vii) Clear delineation of the responsibilities of
the local governing body and superintendents.
(viii) A plan to formally evaluate the performance
and cost of major educational and operational programs.
(ix) A plan for professional development to assist
teachers and administrators with ensuring that students
reach academic standards.
(x) A plan for the allocation of any resources
targeted to the innovation school.
(xi) A plan for the implementation of at least two
interventions allowable under section 1503-J.
(2) The local governing body may include in a school
improvement plan an application to the Innovation School
Board for a waiver of any provision of this act, regulation
of the State Board of Education or standard of the secretary
if the Innovation School Board determines that the proposed
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waiver will help the innovation school to increase academic
achievement. The Innovation School Board may not waive
either:
(i) Federal statutes or regulations; or
(ii) State statutes or regulations or standards of
the secretary related to the following:
(A) Civil rights.
(B) Health and safety.
(C) Public records.
(D) Possession of weapons on school grounds.
(E) Employment history reviews, criminal
background checks and child abuse clearances for
school personnel and volunteers.
(F) Special education requirements.
(G) Student due process.
(H) Parental rights.
(I) Student assessment and accountability.
(J) Open meetings.
(3) Within 60 days of the completion of the diagnostic
evaluation, the local governing body shall submit the school
improvement plan for approval to the Innovation School Board.
(4) Within 30 days of receipt of the school improvement
plan, the Innovation School Board shall approve the school
improvement plan or request further modifications to the
plan. Within 30 days of the request for modifications to the
plan, the local governing body of the innovation school shall
resubmit the school improvement plan to the Innovation School
Board. The Innovation School Board shall have 30 days from
the receipt of the modified plan to take action.
(5) Following the approval of the school improvement
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plan by the Innovation School Board, the local governing body
of an innovation school shall, with input from the academic
advisory team and the community advisory team, submit reports
to the Innovation School Board detailing the implementation
and progress of the school improvement plan every six months.
The local governing body of an innovation school shall post
these reports on its publicly accessible Internet website.
Section 1507-J. Funding for innovation schools.
The department shall use funds provided for under section
2510.3 to assist innovation schools. Innovation schools may use
funds appropriated by the General Assembly for the purposes of
this article and may accept donations from all public and
private sources, including the Federal Government, to pay for
the implementation of the school improvement plan.
Section 1508-J. Duration of innovation school designation .
The following apply:
(1) A school designated as an innovation school shall
remain an innovation school for a minimum of five years
following the school's initial designation.
(2) After five years, a school designated as an
innovation school shall remain an innovation school if:
(i) the innovation school does not have a School
Performance Profile score of at least 70 for the previous
year;
(ii) the parents or guardians of 51% of the students
enrolled in the innovation school sign a petition
requesting that the school remain an innovation school;
or
(iii) the local governing body adopts, at a public
meeting at which an opportunity for public comment has
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been provided, a resolution requesting that the school
remain an innovation school.
Section 1509-J. Innovation School Board.
(a) Membership.--Within 30 days, an Innovation School Board
shall be appointed as follows:
(1) The secretary shall appoint one member.
(2) The President pro tempore of the Senate, in
consultation with the Majority Leader of the Senate, shall
appoint two members.
(3) The Speaker of the House of Representatives, in
consultation with the Majority Leader of the House of
Representatives, shall appoint two members.
(4) The majority and the minority chairperson of the
Education Committee of the Senate shall each appoint one
member.
(5) The majority and the minority chairperson of the
Education Committee of the House of Representatives shall
each appoint one member.
(b) Qualifications.--Each member of the board must satisfy
at least one of the following:
(1) Possess at least five years' experience in school
administration or academic assessment.
(2) Satisfy the requirements of section 1003(a) or (b).
(c) Term.--Members of the board shall be appointed for terms
of five years each, except that those persons initially
appointed shall draw lots to determine which members shall serve
for a term of five years, which members shall serve for a term
of four years and which members shall serve for a term of three
years. To the extent practicable, from those members initially
appointed, an equal number shall draw lots to serve for a term
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of five years, for a term of four years and for a term of three
years. Thereafter, all members shall be appointed for terms of
five years each.
(d) Chairperson.--The board shall select a chairperson from
its membership by a majority vote.
(e) Quorum.--Five members of the board shall constitute a
quorum.
(f) Meetings.--The board shall meet at least quarterly at
the call of the chair.
(g) Vacancy.--Upon expiration of a member's term or in the
occurrence of a vacancy in the office of a member, the original
appointing authority shall appoint a successor member. An
appointment to fill a vacancy shall be for the balance of a
term.
(h) Removal.--No board member shall be removed from office
during the member's term of office except in accordance with the
Constitution of Pennsylvania and as authorized in this section.
The appointing authority of a member may, upon proof by clear
and convincing evidence of malfeasance or misfeasance in office,
remove a board member prior to the expiration of the term.
Before a board member is removed, the member shall be provided
with a written statement of the reasons for removal and an
opportunity for a hearing.
(i) Prohibition.--No member, while in service of the
Innovation School Board, may seek or hold a position as any
other public official or as an officer of a political party.
(j) Compensation.--Members of the Innovation School Board
shall receive no compensation but shall be reimbursed for
reasonable and necessary expenses incurred in the performance of
their official duties from the funds of the department.
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(k) Duty of department.--The department shall provide
administrative support, meeting space and any other assistance
required by the board to carry out its duties under this section
and shall provide the board with data, research and other
information upon request by the board.
(l) Appeals.--An objecting party may appeal a determination
of the Innovation School Board to Commonwealth Court.
(m) Report.--Beginning October 31, 2019, and by October 31
of each year thereafter, the Innovation School Board shall
submit a written report to the secretary, the President pro
tempore of the Senate, the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Majority Leader of the House of
Representatives and the Minority Leader of the House of
Representatives, which shall include all of the following:
(1) A listing and description of status, including
academic performance, of each innovation school.
(2) A list of all schools eligible for designation as an
innovation school.
Section 1510-J. State Board of Education.
The State Board of Education shall adopt regulations
necessary for the implementation of this article, including any
changes proposed after the effective date of this article to the
calculation of the School Performance Profile building-level
score created by the department under section 1123.
Section 2. This act shall take effect immediately.
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