Pennsylvania SB 239: An Act providing for guidelines and procedures governing certain investigations and interrogations of correctional and forensic employees; authorizing certain civil suits by correctional officers; and providing for impact of collective bargaining agreements and for summary suspensions.

Bill Text

PRINTER'S NO. 193
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 239
Session of
2025
INTRODUCED BY COLEMAN, PHILLIPS-HILL, ROTHMAN, LANGERHOLC,
MARTIN, HUTCHINSON, BAKER, DUSH AND ARGALL, FEBRUARY 13, 2025
REFERRED TO EDUCATION, FEBRUARY 13, 2025
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," in preliminary provisions, providing
for mandate waiver program.
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 a
section to read:
Section 135. Mandate Waiver Program.--(a) Except as
otherwise provided in this section, a governing body may adopt a
resolution to apply to the department for a waiver of one or
more provisions of this act, regulations of the State Board,
standards of the secretary, policies or guidance of the
department or any other provisions of law permitted to be waived
under this section to enable the school entity to improve
instructional programs or operate in a more effective, efficient
or economical manner.
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(b) The application for a waiver shall be submitted in a
manner and on a form established by the department. The
application may only require applicants to:
(1) Specify the provisions of this act, regulations of the
State Board, standards of the secretary or policies or guidance
of the department for which the applicant is seeking a waiver.
(2) Include the reasons why the waiver is being requested.
(3) Provide supporting data or information to explain the
benefits expected to be obtained as a result of the waiver.
(c) Each application for waiver shall be adopted by a
resolution of a governing body at a regularly scheduled meeting
of the governing body. Approval from the department shall be
required prior to implementing the waiver.
(d) The department, in considering each waiver application:
(1) May not impose any additional requirements on the waiver
applicant other than the requirements specified in this section.
(2) Shall approve any waiver application that:
(i) Complies with the application process and provides all
information required in the application form developed by the
department under subsection (b).
(ii) Does not conflict with a provision of Federal law or
regulation or any other law or regulation that is not permitted
to be waived under this section.
(e) The department shall have thirty (30) days from receipt
of the waiver application to issue a written approval,
disapproval or request modifications to the application. If the
department fails to act within that time period, the waiver
application shall be deemed to be approved.
(f) (1) If the department requests modification to or
disapproves the waiver application, the specific reasons for the
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department's request or disapproval shall be transmitted to the
waiver applicant.
(2) If the department denies an application, the response to
the applicant shall include an explanation of any provision of
law, regulation of the State Board, standard of the secretary or
policies or guidance of the department that is not subject to
waiver under this section and would be violated if the
application were granted.
(3) The waiver applicant may submit a revised application
for a waiver in accordance with subsection (c).
(4) A waiver applicant may appeal a disapproval to the
secretary pursuant to 2 Pa.C.S. Chs. 5 (relating to practice and
procedure) and 7 (relating to judicial review). A waiver
applicant shall not be required to revise and resubmit the
waiver application prior to appealing a disapproval.
(g) A waiver shall remain in effect permanently unless
rescinded by the governing body or found by a court of competent
jurisdiction to be in violation of subsection (d)(2)(ii).
(h) The department shall approve a waiver of section 751 if
the governing body indicates in its application that the
governing body intends to solicit multiple prime and single
prime construction bids and award the contract to the lowest
responsible bidder.
(i) The following shall not be subject to waiver pursuant to
this section:
(1) The following provisions of this act: sections 106, 108,
110, 111, 111.1, 321, 322, 323, 324, 325, 326, 327, 328, 431,
436, 437, 440.1, 443, 513, 518, 527, 701.1, 708, 740, 741, 752,
753, 771, 776, 785, 808, 809, 810, 1073, 1073.1, 1076, 1077,
1080, 1302, 1303, 1310, 1310.1, 1317, 1317.2, 1318, 1327,
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1327.1, 1327.2, 1330, 1332, 1361, 1366, 1501, 1502, 1513, 1517,
1518, 1521, 1523, 1526, 1546 and 1547, provision