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§ 6-642-A. Powers and duties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: July 12, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article VI-a. School District Financial Recovery (Refs & Annos)
Subarticle (c). School District Financial Recovery
(III) Financial Recovery Plan (Refs & Annos)
Effective: July 12, 2012
24 P.S. § 6-642-A
§ 6-642-A. Powers and duties
Currentness
(a) General rule.--A school district in financial recovery status under this subdivision or in receivership under Subdivision (vi)1 may exercise any of the following powers only to the extent that the powers are specifically included in the school district's financial recovery plan and the exercise of the powers will effect needed economies in the operation of the district's schools:
(1) Reopen its budget for the current school year, notwithstanding any other provision of law.
(2) Convert school buildings to charter schools. The following shall apply:
(i) The school district may convert an existing public school building or a portion of an existing public school building to a charter school, provided that conversion will result in financial savings. There shall be no limit on the number of public schools in the school district that can be converted to a charter school.
(ii) The board of school directors may designate and approve by majority vote the existing public school building or portion of an existing public school building that it seeks to convert to a charter school.
(iii)(A) The board of school directors shall solicit applications to operate a charter school established under this paragraph through a competitive request for proposal process. The content and dissemination of the request for proposal shall be consistent with the purpose and the requirements of Article XVII-A2 and shall require the applicant to demonstrate that the conversion will result in financial savings. The board of school directors may accept applications by an individual or entity authorized to establish a charter school under section 1717-A(a)3 to operate the converted charter school.
(B) The board of school directors shall evaluate each submitted proposal in a public manner. Once a proposal has been selected, the board of school directors shall explain how and why the proposal was selected and provide evidence, if available, of the provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement, successful management of nonacademic school functions and safe school environment, if applicable.
(C) No member of the board of school directors may serve on the board of trustees of an existing school or portion of an existing school which is converted to a charter school under this subsection.
(D) The provisions of Article XVII-A shall apply to an existing public school building or portion of an existing public school building converted to a charter school, provided that any application to operate a charter school under the provisions of this section and any charter school established under the provisions of this section shall not be subject to sections 1717-A(b), (c), (d), (e), (f), (g), (h) and (i) and 1724-A(b), (c), (d), (e), (f), (g) and (h),4 including after the school district's financial recovery status is terminated under section 624-A5 or after the school district's receivership expires under section 675-A.6
(E) In the case of an existing school or portion of an existing school being converted to a charter school, the board of school directors shall establish the alternative arrangements for current students who choose not to attend the charter school.
(3) Cancel or renegotiate any contract to which the board of school directors or the school district is a party, if the cancellation or renegotiation of contract will effect needed economies in the operation of the district's schools. Collective bargaining agreements are specifically exempt from this clause and shall be governed by the provisions of clause (15).
(4) Increase tax levies in such amounts and at such times as is recommended by the chief recovery officer, subject to the act of June 27, 2006 (1st Sp.Sess., P.L. 1873, No. 1),7 known as the Taxpayer Relief Act.
(5) Appoint a special collector of delinquent taxes for the school district who need not be a resident of the school district. The special tax collector shall exercise all the rights and perform all the duties imposed by law on tax collectors for school districts. The tax collector superseded by the special tax collector shall not be entitled to any commissions on the taxes collected by the special tax collector.
(6) Dispense with the services of such nonprofessional employees as in the judgment of the chief recovery officer are not actually needed for the economical operation of the school district.
(7) Enter into agreements with persons or for-profit or nonprofit organizations to operate one or more schools. A school operated under this paragraph shall be funded in accordance with the terms of the agreement.
(8) Suspend or revoke a charter under section 1729-A.8
(9) Employ professional and senior management employees who do not hold State certifications if the secretary has approved the qualifications of the persons at salaries that are within the limitations stated in the financial recovery plan.
(10) Enter into agreements with persons or for-profit or nonprofit organizations providing noninstructional or other services to or for the school district, provided that the school district shall present a three-year cost comparison of the services as currently provided and as projected under the proposed agreement demonstrating that the proposed agreement will result in financial savings. Services provided under this paragraph shall be funded in accordance with the terms of the agreement. The agreement shall provide that the school district may terminate the agreement if costs under the agreement exceed the costs projected in the cost comparison.
(11) Close or reconstitute a school, including the reassignment, suspension or dismissal of professional employees.
(12) Appoint managers, administrators or for-profit or nonprofit organizations to oversee the operations of a school or group of schools within the school district.
(13) Reallocate resources, amend school procedures, develop achievement plans and implement testing or other evaluation procedures for educational purposes.
(14) Supervise and direct principals, teachers and administrators.
(15) Negotiate a new collective bargaining agreement if the negotiation of a new collective bargaining agreement will effect needed economies in the operation of the district's schools.
(16) Delegate to a person, including an employee of the school district or a for-profit or nonprofit organization, powers the chief recovery officer deems necessary to carry out the purposes of this article, subject to the supervision and direction of the chief recovery officer.
(17) Employ, contract with or assign persons or for-profit or nonprofit organizations to review the financial and educational programs of school buildings and make recommendations to the chief recovery officer regarding improvements to the financial or educational programs of school buildings.
(18) Negotiate a contract with a charter school under section 681-A(f).9
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
“Professional employee.” The term shall have the meaning as given in section 1101(1).10
“Teacher.” An individual who holds an instructional certificate issued by the department under this act and is employed full time as a temporary professional or professional employee by a school entity and provides learning experiences directly to students during the instructional day.

Credits

1949, March 10, P.L. 30, No. 14, art. VI-A, § 642-A, added 2012, July 12, P.L. 1142, No. 141, § 10, imd. effective.

Footnotes

1
24 P.S. § 6-671-A et seq.
2
24 P.S. § 17-1701-A et seq.
3
24 P.S. § 17-1717-A.
4
24 P.S. §§ 17-1717-A, 17-1724-A.
5
24 P.S. § 6-624-A.
6
24 P.S. § 6-675-A.
7
53 P.S. § 6926.101 et seq.
8
24 P.S. § 17-1729-A.
9
24 P.S. § 6-681-A.
10
24 P.S. § 11-1101.
24 P.S. § 6-642-A, PA ST 24 P.S. § 6-642-A
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document