24 Pa. Stat. § 5-502.1

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 5-502.1 - Establishment of independent schools

(a) A school district may, upon approval of the board of school directors, designate any school of the district as an independent school operating under an agreement with the board of school directors that grants operational control to the governing body of the independent school. The governing body of the independent school, including its composition, membership and selection process, shall be established by the board of school directors. The governing body shall include representatives of parents and teachers. The board of school directors shall consider recommendations from teachers or parents regarding the composition of the governing body. Teacher representatives shall be selected by a vote of teachers employed in the school being designated as an independent school. The governing body of a school designated as an independent school under this section shall have the authority to decide all matters related to the operation of the school pursuant to the agreement established in subsection (b).

(b) The agreement between the board of school directors and the governing body of the independent school shall:

(1) Describe the governance structure of the independent school.

(2) Prescribe the educational goals and mission of the independent school and the curriculum to be offered.

(3) Describe the academic, fiscal and other goals and objectives for which the independent school will be held accountable and the evaluation criteria and procedures that will be employed to determine if that school is meeting its goals and objectives.

(4) Grant the independent school allocation of, and control over, its funding and budget. The independent school's funding shall be determined by the agreement.

(5) Grant the independent school control of its educational program and curriculum.

(6) Prescribe the authority of the independent school to establish working conditions, select and assign professional and nonprofessional employes including authority to apply section 1724-A as it pertains to certification, establish nonteaching duties, extend the length of the school year and schedule of the school day, including holding class after regular hours.

(7) Define the terms by which the agreement may be terminated, modified, extended or renewed.

(8) An independent school agreement shall be for a period of no less than three (3) nor more than five (5) years and may be renewed for five (5) year periods upon reauthorization by the board of school directors.

(c) Employes assigned to an independent school shall be employes of the school district.

(d) Independent schools shall be subject to the following:

Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443, 510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 771, 776, 777, 808, 809, 810, 1006, 1109, 1111, 1112(a), 1310, 1317, 1317.1, 1317.2, 1318, 1327, 1330, 1332, 1303-A, 1513, 1517, 1518, 1521, 1523, 1547, 2014-A, 2513, Article XI except as limited by subsection (b)(6), Article XII except as limited by subsection (b)(6), and Articles XIII-A and XIV.

Act of July 17, 1961 (P.L. 776, No. 341), known as the "Pennsylvania Fair Educational Opportunities Act."

Act of July 19, 1965 (P.L. 215, No. 116), entitled "An act providing for the use of eye protective devices by persons engaged in hazardous activities or exposed to known dangers in schools, colleges and universities."

Section 4 of the act of January 25, 1966 (1965 P.L. 1546, No. 541), referred to as the Higher Education Scholarship Law.

Act of July 12, 1972 (P.L. 765, No. 181), entitled "An act relating to drugs and alcohol and their abuse, providing for projects and programs and grants to educational agencies, other public or private agencies, institutions or organizations."

Act of December 15, 1986 (P.L. 1595, No. 175), known as the "Antihazing Law."

The following provisions of 22 Pa. Code:

Chapter 4 (relating to academic standards and assessment).

Section 4.4 (relating to general policies).

Section 4.26 (relating to ESOL).

Chapter 11 (relating to pupil attendance).

Chapter 12 (relating to students).

Chapter 14 (relating to special education services and programs).

Chapter 16 (relating to special education for gifted students).

Section 32.3 (relating to assurances).

Section 121.3 (relating to discrimination prohibited).

Section 235.4 (relating to practices).

Section 235.8 (relating to civil rights).

(e) Nothing in this section shall be construed to supersede or preempt any provisions of a collective bargaining agreement in effect on the effective date of this act.

(f) The department may award planning grants for the conversion of schools to independent schools. The total amount of grants awarded shall be limited to funds appropriated for this purpose. Grant applications shall be filed in accordance with procedures developed by the department.

24 P.S. § 5-502.1

1949, March 10, P.L. 30, No. 14, art. V, § 502.1, added 2001, May 17, P.L. 4, No. 4, § 1, imd. effective. Amended 2002, June 29, P.L. 524, No. 88, § 3, imd. effective.