SB 239 — 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.   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
 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)   Except as
13   otherwise provided in this section, a governing body may adopt a
14   resolution to apply to the department for a waiver of one or
15   more provisions of this act, regulations of the State Board,
16   standards of the secretary, policies or guidance of the
17   department or any other provisions of law permitted to be waived
18   under this section to enable the school entity to improve
19   instructional programs or operate in a more effective, efficient
20   or economical manner.
 1      (b)    The application for a waiver shall be submitted in a
 2   manner and on a form established by the department. The
 3   application may only require applicants to:
 4      (1)    Specify the provisions of this act, regulations of the
 5   State Board, standards of the secretary or policies or guidance
 6   of the department for which the applicant is seeking a waiver.
 7      (2)    Include the reasons why the waiver is being requested.
 8      (3)    Provide supporting data or information to explain the
 9   benefits expected to be obtained as a result of the waiver.
10      (c)    Each application for waiver shall be adopted by a
11   resolution of a governing body at a regularly scheduled meeting
12   of the governing body. Approval from the department shall be
13   required prior to implementing the waiver.
14      (d)    The department, in considering each waiver application:
15      (1)    May not impose any additional requirements on the waiver
16   applicant other than the requirements specified in this section.
17      (2)    Shall approve any waiver application that:
18      (i)    Complies with the application process and provides all
19   information required in the application form developed by the
20   department under subsection (b).
21      (ii)    Does not conflict with a provision of Federal law or
22   regulation or any other law or regulation that is not permitted
23   to be waived under this section.
24      (e)    The department shall have thirty (30) days from receipt
25   of the waiver application to issue a written approval,
26   disapproval or request modifications to the application. If the
27   department fails to act within that time period, the waiver
28   application shall be deemed to be approved.
29      (f)    (1)   If the department requests modification to or
30   disapproves the waiver application, the specific reasons for the

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 1   department's request or disapproval shall be transmitted to the
 2   waiver applicant.
 3      (2)   If the department denies an application, the response to
 4   the applicant shall include an explanation of any provision of
 5   law, regulation of the State Board, standard of the secretary or
 6   policies or guidance of the department that is not subject to
 7   waiver under this section and would be violated if the
 8   application were granted.
 9      (3)   The waiver applicant may submit a revised application
10   for a waiver in accordance with subsection (c).
11      (4)   A waiver applicant may appeal a disapproval to the
12   secretary pursuant to 2 Pa.C.S. Chs. 5 (relating to practice and
13   procedure) and 7 (relating to judicial review). A waiver
14   applicant shall not be required to revise and resubmit the
15   waiver application prior to appealing a disapproval.
16      (g)   A waiver shall remain in effect permanently unless
17   rescinded by the governing body or found by a court of competent
18   jurisdiction to be in violation of subsection (d)(2)(ii).
19      (h)   The department shall approve a waiver of section 751 if
20   the governing body indicates in its application that the
21   governing body intends to solicit multiple prime and single
22   prime construction bids and award the contract to the lowest
23   responsible bidder.
24      (i)   The following shall not be subject to waiver pursuant to
25   this section:
26      (1)   The following provisions of this act: sections 106, 108,
27   110, 111, 111.1, 321, 322, 323, 324, 325, 326, 327, 328, 431,
28   436, 437, 440.1, 443, 513, 518, 527, 701.1, 708, 740, 741, 752,
29   753, 771, 776, 785, 808, 809, 810, 1073, 1073.1, 1076, 1077,
30   1080, 1302, 1303, 1310, 1310.1, 1317, 1317.2, 1318, 1327,

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 1   1327.1, 1327.2, 1330, 1332, 1361, 1366, 1501, 1502, 1513, 1517,
 2   1518, 1521, 1523, 1526, 1546 and 1547, provisions prohibiting
 3   discrimination, Articles VI, VI-A, XI, XI-A, XII, XIII-A, XIII-
 4   B, XIII-C, XIII-D, XIII-E, XIV, XVII-A and this section.
 5      (2)   The following provisions of 22 Pa. Code (relating to
 6   education):
 7      Chapter 4 (relating to academic standards and assessment).
 8      Chapter 10 (relating to safe schools).
 9      Chapter 11 (relating to student attendance).
10      Chapter 12 (relating to students and student services).
11      Chapter 14 (relating to special education services and
12   programs).
13      Chapter 15 (relating to protected handicapped students).
14      Chapter 16 (relating to special education for gifted
15   students).
16      Chapter 23 (relating to pupil transportation).
17      Chapter 235 (relating to Code of Professional Practice and
18   Conduct for Educators).
19      Chapter 711 (relating to charter school and cyber charter
20   school services and programs for children with disabilities).
21      (3)   For intermediate units, Article IX-A and 22 Pa. Code Ch.
22   17 (relating to intermediate units).
23      (4)   For area career and technical schools, Article XVIII and
24   22 Pa. Code Ch. 339 (relating to vocational education).
25      (j)   The department shall maintain and annually update a
26   listing of all approved waiver applications on the department's
27   publicly accessible Internet website. The listing shall include
28   the name of the school entity and the provisions of law,
29   regulation, standard of the secretary or policies or guidance of
30   the department for which waivers were granted.

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 1      (k)   Nothing in this section shall be construed to supersede
 2   or preempt any provisions of a collective bargaining agreement
 3   in effect on the effective date of this subsection.
 4      (l)   As used in this section, the following words and phrases
 5   shall have the meanings given to them in this subsection unless
 6   the context clearly indicates otherwise:
 7      "Department."    The Department of Education of the
 8   Commonwealth.
 9      "Governing body."   A board of school directors or other
10   governing authority of a school entity.
11      "School entity."    A school district, charter school, cyber
12   charter school, regional charter school, area career and
13   technical school or intermediate unit.
14      "Secretary."    The Secretary of Education of the Commonwealth.
15      "State Board."   The State Board of Education.
16      "Waiver applicant."   A school entity that applies for a
17   waiver under this section.
18      Section 2.   This act shall take effect in 60 days.




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