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§ 17-1704-B. Board of school directors of Commonwealth partnership school districts

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: June 30, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XVII-B. Education Empowerment Act (Refs & Annos)
Effective: June 30, 2012
24 P.S. § 17-1704-B
§ 17-1704-B. Board of school directors of Commonwealth partnership school districts
(a), (b) Expired June 30, 2010, pursuant to 24 P.S. § 17-1716-B.
(c)(1) In addition to all current rights, powers, privileges, prerogatives and duties, a board of school directors of a school district that has been placed on the empowerment list on or after June 30, 2006, due to the designation by the secretary as a Commonwealth partnership school district shall have the power to cancel or renegotiate any contract, other than collective bargaining agreements, for the purpose of making necessary economies in the operation of the schools within the school district; eliminate nonprofessional positions for services nonessential for the operation of the school district; or enter into agreements with individuals, for-profit or nonprofit organizations for the operation of school buildings or groups of school buildings or for the provision of educational or other types of services to or for the school district.
(2) The superintendent shall be responsible for the implementation of a system of performance review of school administrators, as approved by the board of school directors. Administrator performance shall be evaluated on the basis of abilities and effectiveness to manage the operation of the school facilities and staff, manage resources, provide instructional leadership, implement and administer the school budget and promote and maintain a positive educational learning environment.
(3) Based upon an unsatisfactory review and evaluation of a school administrator arising from the implementation of the program established in paragraph (2), a board of school directors may reassign, transfer or suspend the school administrator without regard to section 1125.1 or 1151.1
(4) Based upon an unsatisfactory review and evaluation of a school administrator arising from the implementation of the program established in paragraph (2), a board of school directors may dismiss the school administrator pursuant to the procedure contained in section 1127,2 provided that the board of school directors shall afford the school administrator notice and an opportunity to be heard pursuant to 2 Pa.C.S. Ch. 5 Subch. B (relating to practice and procedure of local agencies).3
(4.1) In addition to powers enumerated in this act, a school district designated as a Commonwealth partnership school district may dispose of unused and unnecessary lands and buildings, if such buildings are in excess of twenty-five (25) years of age, in the following manner, notwithstanding the provisions of section 707 of this act:4
(i) By negotiated sale, provided the district has an affidavit of at least three (3) persons who are familiar with the value of real estate in the locality in which the lands and buildings proposed to be sold are located, who have examined the property and set forth a value for the property and who opine that the consideration for the property is equal to or better than that which could be received by sealed bid. The sale price shall not be less than the highest value set forth in the three (3) affidavits.
(ii) By entering into agreements with an urban redevelopment authority organized under the act of May 24, 1945 (P.L. 991, No. 385),5 known as the Urban Redevelopment Law, under which the district may convey property to the authority for the purpose of the authority facilitating the conveyance of the property consistent with the goals of the school district and the authority.
(5) For purposes of this subsection, the following terms shall have the following meanings:
“Commonwealth partnership school district.” A school district for which the secretary has determined, on or after July 11, 2006, and not later than September 9, 2006, all of the following:
(i) The school district has experienced a decline of fifteen per centum (15%) or more in student enrollment during the immediately preceding five-year period.
(ii) The school district has experienced a loss of revenue during the immediately preceding three-year period due to the statutory removal of one or more of the sources of revenue made available pursuant to section 652.1.6
(iii) The school district has an equalized millage for the 2004-2005 fiscal year of greater than twenty-seven (27).
“Empowerment list.” A list prepared by the Department of Education containing school districts that fall below certain academic assessments as provided in former section 1703-B.7
“School administrator.” As defined in section 1164.8
“Secretary.” The Secretary of Education of the Commonwealth.

Credits

1949, March 10, P.L. 30, No. 14, art. XVII-B, § 1704-B, added 2000, May 10, P.L. 44, No. 16, § 8.1, effective July 1, 2000. Amended 2001, June 22, P.L. 530, No. 35, § 18, imd. effective; 2003, Dec. 23, P.L. 304, No. 48, § 23, imd. effective; 2006, July 11, P.L. 1092, No. 114, § 7, imd. effective; 2008, July 9, P.L. 846, No. 61, § 15, retroactive effective July 1, 2008; 2012, June 30, P.L. 684, No. 82, § 22.2, imd. effective.

Footnotes

24 P.S. §§ 11-1125.1, 11-1151.
24 P.S. § 11-1127.
2 Pa.C.S.A. § 551 et seq.
24 P.S. § 7-707.
35 P.S. § 1701 et seq.
24 P.S. § 6-652.1.
24 P.S. § 17-1703-B.
24 P.S. § 11-1164.
24 P.S. § 17-1704-B, PA ST 24 P.S. § 17-1704-B
Current through 2022 Regular Session Act 40. Some statute sections may be more current, see credits for details.
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