Today the Senate Education Committee, by a 9-1 vote, approved SB 1192, a bill that would take the place of the current Education Empowerment Act, which is due to sunset on June 30. The only “no” vote was recorded by Sen. Mike Folmer (R-Lebanon).

Two amendments, one introduced by the bill’s prime sponsor, Sen. Jeff Piccola, the committee chair, makes substantive changes to the measure.

The Piccola amendment removes the term “adequate yearly progress” and replaces it with “academic performance target” to keep in it in line with potential changes made to NCLB by Congress. The amendment also changes the names of the different achievement levels to “warning,” “accountability level 1,” ” accountability level 2″ and “accountability level 3.” Schools or districts that miss academic performance targets for one year would be put on “warning” status. Schools or district that miss academic performance targets for two or three consecutive years would be put on Accountability Level 1 status. Those that miss academic performance targets for 4-8 consecutive years would be classified in Accountability Level 2. Districts or schools missing academic performance targets for nine or more consecutive years would be placed in Accountability Level 3. Schools and districts would only be identified in Accountability Levels 1, 2 or 3 if they miss academic performance targets in the same subject by the same subgroup for consecutive years.

School directors in a district that is identified as in warning and above would have to complete a 30-hour board training program on a number of issues within nine months of designation. Newly elected directors would have to complete the program within nine months of election.

Districts in Accountability Level 3 would be governed by a 3-member statewide academic accountability board which would be appointed by PDE. The Accountability board would be responsible for developing a district improvement plan, and for approving the district’s annual budget, employment or termination of a superintendent, assistant superintendent, principal or assistant principal, approving collective bargaining agreements and approve any issuance or refinancing of debt. Elected school districts would continue to run the day-to-day operations of the district.  If the school board does not comply with orders from the accountability board, the district or school is penalized through a loss of subsidy in the amount of $5,000 per day for the first violation and $10,000 per day for a subsequent violation.

A second amendment, sponsored by Sen. Andy Dinniman, was approved as well. This amendment would limit the no strike provision in the bill to only districts in Accountability Level 3 status and would remove the exemption from the Prevailing Wage Act, the Separations Act and the Steel Procurement Act from charter schools formed under the bill.

What’s next – The bill now goes to the floor; it is likely to be sent to the Appropriations Committee prior to a floor vote.

Source: PSBA Office of Governmental and Member Relations, April 20, 2010

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