State Budget and School Code Wrap-Up

WEB FORUMJuly 17, 2012 - 9:00 AM

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Welcome & Announcements

STATE BUDGET AND SCHOOL CODE WRAP-UP

Presenters:Jim Buckheit, PASA Executive DirectorJay Himes, PASBO Executive Director

Jennifer Hoover-Vogel, Legislative and Research Coordinator

Bid Limit Increases; Streamlining of Emergency Bidding

• Effective Now!• Bids = $18,500/Quotes = $10,000• School Employee Repairs = $10,000• § 807.1/§751/511(e)• “Furniture, equipment, text books, school supplies

and other appliances….”• “Construction, reconstruction, repairs,

maintenance or work of any nature….”• “…purchases …by any organization, club, society or

group….”

Bid Limit Increases; Streamlining of Emergency Bidding

• All limits annually indexed to CPI-U (U.S. City Average) effective January 1, 2013 [increase only; 3% cap]

• Emergency bids do not need PDE approval

School Safety and Security

• The State Board Of Education may revise the Model Memorandum Of Understanding [school entities and local police] by publishing a notice in the Pennsylvania Bulletin.

• School funds may be used to share costs with municipalities and counties for benefits and salaries of school resource officers and probation officers. Such officers are not required to be employees of the school district and may be employees of other political subdivisions.

PlanCon Moratorium• “All completed Part A applications received by the

Department no later than October 1, 2012, as well as any projects that have already received an approval in any part of the PlanCon process by that time, will not be affected.

• The moratorium on new Part A applications will be in effect from October 2, 2012, through June 30, 2013. Therefore, if a school district plans to submit a new Part A application, it must be completed and received by the Department on or before October 1, 2012.”

• WARNING: The expiration date could be extended or a change in the program could be enacted prior to the end of the moratorium.

Mobile Classrooms

• PlanCon reimbursement is not prohibited by failure to remove modular or relocatable classrooms.

Disclosure of Interscholastic Athletics Opportunities

• WARNING: MAJOR NEW REPORTING MANDATE

• First Report—Oct. 15, 2013 and annually thereafter

• Grades 7-12– Number of students, by race, by gender– Each varsity, jv and freshman team by

gender

Disclosure of Interscholastic Athletics Opportunities

• Total contributions and purchases per team, including booster clubs, alumni and others

• By team– Travel, athletic uniform, equipment and

supplies purchases– Construction, renovation maintenance, repair

and rental of athletic facilities– Compensation of athletic trainers

Disclosure of Interscholastic Athletics Opportunities

• Total number of athletic trainers and time allocations

• Total number of coaches per team by employment status

• Total number of competitions per team• Name of the Title IX Compliance Officer

Keystone Exams

• Act 82 requires PDE, subject to annual appropriation, to develop and implement 10 Keystone Exams, not later than 2020-21 school year.

• SBE Proposed Chapter 4 regulations:– 2016-17 – 3 exams (ELA, Algebra I, Biology)– 2017-18 – 1 exam (Composition)– 2018-19 – 1 exam (Civics & Government)

• Voluntary tests - 2016-21: Geometry, U.S. History, Algebra II, Chemistry, World History

Superintendent Eligibility• A Graduate Degree From An Accredited Higher

Education Institution In Business, Finance Or Management And Has At Least Four (4) Years Of Relevant Experience In Business, Finance Or Management.

• Holds a Juris Doctorate Degree From an Accredited Law School and Has at Least Four (4) Years Of Relevant Experience in Law. (provision expires in 3 years)

• PDE must confirm individual is eligible to serve as a superintendent/assistant superintendent.

Superintendent/Asst. Supt. Contracts• Provisions apply to all new or renewed employment

contracts. • Current contracts remain in-force until they expire.• Contracts must contain the mutual and complete

agreement regarding terms and conditions of employment.

• Contract must incorporate all provisions relating to compensation and benefits to be paid to or on behalf of superintendent.

• Contract must specify termination, buyout and severance provisions, including post-employment compensation.

Superintendent/Asst. Supt. Contracts• Transfer of sick leave limited to 30 days at rate of Act 93

staff for individuals who have not previously served as a superintendent or assistant superintendent. Others grandfathered.

• Contract must specify duties, responsibilities, job description and performance expectations, including performance criteria.

• Boards must annually conduct a formal written performance assessment.

• Boards must post mutually agreed performance standards, date assessment was performed and whether superintendent met the standards.

Alteration/Curtailment Programs

• Section 1124 revised to provide authority to local boards to approve alteration/ curtailment of programs.

• Boards must report alterations/curtailments to PDE.

• PDE no longer approves requests, instead it must post notifications from boards on PDE web site.

Strategic Planning• Act 82 removes all references to strategic planning

from the School Code.• Strategic planning is a regulatory mandate established

by State Board of Education (SBE).• Strategic plan development and submission to PDE

must continue until the SBE repeals the strategic planning requirements contained in its Chapter 4 regulations.

• In May 2012 the SBE approved repeal of strategic planning. Proposal must now go through the state’s regulatory approval process.

Teacher/Principal Evaluation

• 2013-14 Classroom teachers 50% Preparation, practice, instruction,

classroom environment, professional responsibilities

50% Student Performance–15% School performance–15% Teacher specific data–20% District developed elective data

Teacher/Principal Evaluation

• 2014-15 PrincipalsCriteria similar to that for classroom teachers

• 2014-15 Nonteaching professional employeesMust use multiple measures of student

performance which must include 20% weight of student performance in the school building.

Criminal Background Checks

• Clarifies provisions established in Act 24 of 2011

• Provides employees who have already completed a self disclosure form need not complete an additional form provided they have not been convicted or arrested for a reportable offense since completion of the form

Cardio Pulmonary Resuscitation

• Requires each public school to have at least one staff member certified in CPR during regular school hours when students are scheduled to attend.

• Provides for civil immunity for persons that render CPR.

• “School entity” includes any AVTS, charter school, cyber charter school, IU, nonpublic school or school district

Budget Reopener

• Allows school districts to reopen their 2012-13 budgets to reflect appropriations made for FY 2012-13

Basic Education Funding

• Provides for the distribution of $5.4 billion in basic education funding– A hold harmless ($5.3 billion)– An English Language Learner High Incidence Supplement ($17.4

million)– A Charter and Cyber charter School High Incidence Supplement

($13.5 million)– A Second Class County School District Supplement ($1 million)– A Second Class School District Supplement ($1 million)– An Increasing Aid Ratio Supplement ($2 million)– A Personal Income Supplement ($3.5 million)– A Small District Increasing Aid Ratio Supplement ($300,000)– A Small District Supplement ($250,000)

Intermediate Unit & Special Education Funding

• Provides for the disbursement of funding in the same manner and amounts in 2012-13 as was provided in 2011-12.

Accountability Block Grant Funding

• Provides for the disbursement of ABG money in the same amount ($100 million) in 2012-13 as was provided in 2011-12

• Allows PDE to distribute ABG on a pro rata basis in 2012-13 if insufficient funds appropriated

Financially Distressed Schools

• HB 1307 (approved by the Governor, July 12)– Allows a SD to satisfy the requirement that

it must maintain an elementary school by operating a school building; converting a building to a charter school; contracting with an education management services provider; or, paying tuition for students to attend another SD upon the agreement of both school districts

Financially Distressed Schools

• Provides for an Early Warning System• Declaration of Financial Recovery Status; termination

– Only 9 districts may be in financial recovery status at any time• Moderate (currently Harrisburg and York)• Severe (currently Chester-Upland and Duquesne)

– Chief Recovery Officer– Financial Recovery Plan– Financial Recovery Tools– Receivership; termination

• Financial Recovery Transitional Loan Program – Long-term, interest-free loans available to financial recovery

school districts

Not Adopted with State Budget

• Reform of special education and charter school funding– SB 1115 (Browne) was amended in the House to delete the

creation of a new funding formula and accountability mechanisms; instead it would have established a legislative commission to study special education funding.

– The House further amended the bill with controversial charter school reforms.

– The Senate inserted competing charter school language into HB 1330.

– Neither bill would have implemented immediate funding forms, e.g. elimination of the pension double-dip.

– Legislation stalled; expected to be considered fall 2012

Charter School Reform: What to Expect

• Funding commission would make recommendations to the General Assembly and the Governor

• Fund balance limits would be similar to school districts, with excess funds returned to the school district.

• Direct pay would require payments from PDE to flow directly to the charter or cyber charter school, except those charter entities that opt-out; sets up a complicated procedural process for payment disputes– Districts would bear the burden of proof and a hearing

would not be held until after the deduction and transfer of funds is made to the charter or cyber charter school

Charter School Reform: Unresolved Issues

• Statewide authorizer– Included in SB 1115, not HB 1330

• Parent trigger– Current law: 50% of parents and 50% of teaching

staff support conversion– Earlier versions: A simple majority of parents could

petition for a failing school to be converted• Vendor & educational management

organizations exemption from Right-to-Know– Included in SB 1115, not HB 1330

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