HB 2095 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in preliminary provisions, providing for mandate waiver program.

PRINTER'S NO.     2691

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2095
                                               Session of
                                                 2025

     INTRODUCED BY GROVE, PICKETT, KAUFFMAN AND MENTZER,
        DECEMBER 9, 2025

     REFERRED TO COMMITTEE ON EDUCATION, DECEMBER 9, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in preliminary provisions, providing
 6      for mandate waiver program.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding a
11   section to read:
12      Section 135.    Mandate Waiver Program.--(a)   (1)   Except as
13   otherwise provided in this section, a board of school directors
14   may adopt a resolution to apply to the Department of Education
15   for a waiver of any provision of this act, the regulations of
16   the State Board of Education or the standards of the Secretary
17   of Education if the waiver will enable the school district to
18   improve its instructional program or operate in a more
19   effective, efficient or economical manner.
20      (2)   Notwithstanding the provisions of paragraph (1), and
 1   except as otherwise provided in this section, a board of school
 2   directors may contact the intermediate unit of which it is a
 3   member to propose that the intermediate unit apply to the
 4   Department of Education for a waiver of any provision of this
 5   act, the regulations of the State Board of Education or the
 6   standards of the Secretary of Education on behalf of all of the
 7   intermediate unit's member school districts if the waiver will
 8   enable the member school districts to improve their
 9   instructional programs or operate in a more effective, efficient
10   or economical manner. Upon the receipt of such a proposal the
11   intermediate unit shall circulate a notice to its member school
12   districts outlining a proposed waiver application and requesting
13   a response. The intermediate unit shall submit a waiver
14   application to the Department of Education on behalf of its
15   member school districts upon receiving a copy of a resolution
16   from each of its member school districts signifying approval of
17   the proposed waiver application. An application may not be
18   submitted by an intermediate unit under this subsection unless
19   the boards of school directors of each of its member school
20   districts have adopted a resolution signifying approval of the
21   proposed waiver application and transmitted copies of their
22   resolutions to the intermediate unit.
23      (b)    (1)   The application for a waiver shall be in a manner
24   and on a form developed by the Department of Education and
25   shall:
26      (i)    Specify the need for the waiver.
27      (ii)    Provide supporting data and information to explain the
28   benefits to be obtained by the waiver and, when applicable, to
29   explain the instructional program that will operate under the
30   waiver.

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 1      (iii)   Include an evaluation procedure to determine the
 2   effectiveness of an innovative program or programs; the
 3   effectiveness of a revised instructional program, which shall
 4   include measures of student performance; and the effectiveness
 5   of changes in the operations of the school district.
 6      (2)    In developing the application process and form provided
 7   for in paragraph (1) the Department of Education shall:
 8      (i)    Create a uniform application form which provides
 9   applicants with the ability to apply for waivers to single or
10   multiple provisions of this act, the regulations of the State
11   Board of Education or the standards of the Secretary of
12   Education through a single application.
13      (ii)    Create a uniform application form which intermediate
14   units must use when applying for waivers on behalf of their
15   member school districts.
16      (3)    The Department of Education may not impose any
17   additional requirements on waiver applicants beyond those
18   provided for in this section and any additional requirements
19   relating to the submission or resubmission of a waiver
20   application.
21      (c)    The application for a waiver shall be adopted by a
22   resolution of the board of school directors at a regularly
23   scheduled meeting of the board or, in the case of an application
24   submitted by an intermediate unit on behalf of its member school
25   districts, by the submission of resolutions to the intermediate
26   unit from the board of each intermediate unit member school
27   district signifying approval of the proposed waiver application.
28   Resolutions submitted by school districts to an intermediate
29   unit under this section must be adopted at a regularly scheduled
30   meeting of the board. Prior to implementing the policies or

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 1   procedures contained in the application, approval by the
 2   Department of Education shall be required.
 3      (d)   The Department of Education shall have sixty (60) days
 4   from receipt of the application to approve, disapprove or
 5   request modifications to the application. If the Department of
 6   Education fails to act within that time period, the waiver shall
 7   be deemed to be approved.
 8      (e)   (1)   If the Department of Education disapproves the
 9   application for waiver, the Department of Education shall
10   transmit notice to the waiver applicant of the basis for the
11   disapproval. The waiver applicant may submit a revised
12   application for a waiver.
13      (2)   A waiver applicant may appeal any disapproval of a
14   waiver application to the Secretary of Education in accordance
15   with 2 Pa.C.S. Chs. 5 (relating to practice and procedure) and 7
16   (relating to judicial review).
17      (f)   Five (5) years from the implementation of the waiver,
18   the waiver applicant shall submit to the Department of Education
19   the evaluation specified in subsection (b)(1)(iii). When the
20   evaluation of a waiver indicates an improvement in student
21   performance, instructional program or school operations, the
22   waiver shall be renewed by the Department of Education and shall
23   remain in effect, unless a board of school directors opts out of
24   the waiver. In the case of a waiver renewed by the Department of
25   Education for all the member school districts of an intermediate
26   unit, the waiver shall remain in effect for any school district
27   which has not opted out of the waiver.
28      (g)   The following provisions of this act shall not be
29   subject to waiver pursuant to this section: sections 108, 110,
30   111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,

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 1   443, 510, 513, 518, 527, 688, 691, 696, 701.1, 708, 740, 741,
 2   752, 753, 771, 776, 777, 785, 808, 809, 810, 1073, 1073.1, 1076,
 3   1077, 1080, 1302, 1303, 1310, 1317, 1317.2, 1318, 1327, 1327.1,
 4   1330, 1332, 1361, 1366, 1501, 1502, 1513, 1517, 1518, 1521,
 5   1523, 1546, 1547 and 2104; provisions prohibiting
 6   discrimination; Articles VI, VI-A, XI, XI-A, XII, XIII-A, XIV
 7   and XVII-A; and this section.
 8      (h)     The following provisions of 22 Pa. Code (relating to
 9   education) shall not be subject to waiver pursuant to this
10   section:
11      Chapter 4 (relating to academic standards and assessment).
12      Chapter 11 (relating to student attendance).
13      Chapter 12 (relating to students and student services).
14      Chapter 14 (relating to special education services and
15   programs).
16      Chapter 15 (relating to protected handicapped students).
17      Chapter 16 (relating to special education for gifted
18   students).
19      Section 32.3 (relating to assurances).
20      Section 121.3 (relating to discrimination prohibited).
21      (i)     The board of school directors may not seek a waiver of
22   any Federal law or State law applicable to a public school that
23   is not within the provisions of this act.
24      (j)     The Department of Education shall post all waiver
25   requests and Department of Education approvals and disapprovals
26   under this section on its publicly accessible Internet website.
27      (k)     Nothing in this section shall be construed to supersede
28   or preempt any provisions of a collective bargaining agreement
29   in effect on the effective date of this section.
30      (l)     Intermediate unit boards of directors and area career

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 1   and technical boards shall be eligible to apply for mandate
 2   waivers under this section except for those in subsections (g),
 3   (h) and (n).
 4      (m)   Charter school and cyber charter school boards of
 5   trustees shall be eligible to apply for mandate waivers under
 6   this section except those in subsections (g) and (h).
 7      (n)   The following provisions of this act shall not be
 8   subject to waiver for intermediate units and area career and
 9   technical schools under this section: Articles IX-A and XVIII.
10      (o)   The provisions of section 751 shall be subject to
11   waiver, provided that the waiver applicant shall bid all
12   construction-related projects under separate contracts in
13   accordance with the provisions of section 751(a.2). All other
14   provisions of section 751, including base amounts, shall be
15   subject to waiver.
16      Section 2.   This act shall take effect in 60 days.




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