House of Representatives
- On April 8, the House of Representatives adopted House Resolution 213 (Rep. James Roebuck, D-188) designating the month of April 2013 as "Pennsylvania Community College Month".
- On April 9, the House of Representatives unanimously approved House Bill 930 (Rep. Bernie O'Neill, R-29) by a vote of 201-0.
HB 930 would make extensive, substantive, and editorial changes to the Professional Education Discipline Act. It would shorten the title to "Education Discipline Act" and further provide for definitions and imposition of discipline on additional grounds which would include founded and indicted reports of child abuse as well as "grooming" behaviors. It would include under the jurisdiction of the Professional Standards and Practices Commission educators holding Private Academic School certification and educators working for independent contractors in public schools. The bill would also prohibit school entities from entering into confidential settlement agreements; expand mandatory reporting requirements for administrators; expand the authority and responsibility of the Pennsylvania Department of Education (PDE) concerning investigations; and specify to PDE the processes for revoking and reinstating an educator's certification.
The bill is now in the Senate, and was referred to the Senate Education Committee on April 15.
For the Fiscal Note and summary of HB 930 prepared by the House Committee on Appropriations, click here.
When introduced, HB 930 and Senate Bill 34 (Sen. Lloyd Smucker, R-13) were identical. They have since been amended by their respective Education Committees. SB 34 was on April 16 reported as amended to the Senate from the Senate Education Committee.
- On April 16, the House State Government Committee conducted a public hearing on Pension Reform. Among the proposals discussed was House Bill 240 (Rep. Scott Petri, R-178), which would amend Title 24 requiring the establishment of a Public School Employees' Optional Retirement Program under which future school employees can opt into a defined contribution plan in lieu of membership in the Public School Employee's Retirement System (PSERS). HB 240 provides for definitions, taxation, and investments for the new program.
Representatives from the Pennsylvania School Boards Association (PSBA), the Pennsylvania Association of School Business Officials (PASBO), and the Keystone Research Center (KRC) testified before the Committee.
Emily Leader, PSBA Acting Chief Counsel, said that her organization is seeking comprehensive pension reform that can only be addressed if future benefits of current employees are changed. Leader acknowledged this is the first time PSBA has come out in favor of changing benefits for current employees, but the Association is still advocating for a good and sustainable pension system. PSBA has no formal opinion on HB 240; while it supports some concepts like the sharing of the investment risk, it is concerned whether the plan has sufficient sustainability. Leader recommended the state move to a hybrid plan going forward, instead of a straight defined contribution plan.
Leader also presented the first glimpse of a legal argument supporting the changing of pensions for current school employees, which the Pennsylvania State Education Association has previously threatened to take to court if passed, claiming it would violate the state constitution. She said, based on past Pennsylvania Supreme Court cases dealing with the issue, that the pension system can be changed legally with notice and a triggering event. A triggering event could be stipulated by the legislation to mean a promotion, benefit, step movement on a salary scale, or entering a new collective bargaining agreement.
PASBO Executive Director Jay Himes noted that 80% of the school districts going forward cannot financially make up increased pension obligations based upon the property tax alone, which means the only way for districts to afford the pension cost is to furlough employees or not fill positions. Himes said that PASBO supports moving the 2.5 percent multiplier down to two percent so long as the benefits earned do not change. He noted his organization's concerns with the proposal to cap benefits at the Social Security threshold, saying it would drive costs to the local level, and any tapering of the collars would have current savings only at a long-term expense. PASBO does not currently support a defined contribution proposal, stating the plan would have detrimental impact of increasing short term costs.
Stephen Herzenberg of the KRC also opposes a defined contribution plan, saying it may possibly increase the state's pension debt by more than $20 billion. Herzenberg said that any proposal that closes or substantially shrinks the number of new employees entering the State Retirement Systems' (SERS and PSERS) defined benefit plans - which includes the Governor's proposal and possibly HB 240 and HB 242 (the state employee version of HB 240) - would increase the state's current pension debt. Mentioned in the KRC's written testimony is the announcement of the Center's recently released Pension Primers, which can be found on their "issue page", here.
View online the written testimony provided by each organization:
o Pennsylvania School Boards Association
o Pennsylvania Association of School Business Officials
o Keystone Research Center
o TIAA-CREF
o AARP
To listen to the audio recording of the hearing, click here.
- On April 17, the House Education Committee met to consider the following bills:
HB 135 (Rep. Dan Truitt, R-156) would amend the Public School Code reestablishing the mandate waiver program. The legislation provides that the Department of Education (PDE) shall develop an application that allows school entities through a single application to apply for waivers to single or multiple provisions of the Code, regulations of the State Board of Education, or the standards of the Secretary of Education, if the waiver will enable the school district to operate in a more effective, efficient, or economical manner. School entities would submit to the Department the waiver specifying the need and detailing the benefits to be obtained by the waiver or explaining the instructional program that will operate under the waiver. The bill also provides for school entities to include an evaluation procedure which shall include measures of student performance and the effectiveness of the changes in operations of the school district. HB 135 was reported from Committee as amended.
The four amendments which were adopted by the Committee are:
o Rep. Kathy Rapp (R-65) Prohibits school districts from waiving mandates related to protected handicap students.
o Rep. Will Tallman (R-193) Provides an appeal process for any disapproval of a waiver from PDE.
o Rep. Dan Truitt (R-156) Lengthens the time of the waiver from three to five years and streamlines the waiver process for school districts.
o Chairman Paul Clymer (R-145) Prohibits school districts from waiving mandates related to separate bidding contracts.
During the meeting: Chairman Paul Clymer noted that school districts will not be able to opt-out of anything outside the Pennsylvania School Code.
HB 324 (Rep. Garth Everett, R-84) would amend the Public School Code relating to school construction projects and contract bidding. It would for school entities repeal the Separations Act of 1913 which currently mandates schools bid separately for each component of a school construction project. HB 324 would also apply to charter schools, Thaddeus Stevens College of Technology, and the State System of Higher Education. A technical amendment defining "school entities" was adopted and then HB 324 was reported as amended.
The amendment that was adopted by the Committee was offered by Chairman Paul Clymer (R-145) and defines "school entities" as school districts, charter, cyber charter, and regional charter schools, area vocational-technical schools or intermediate units, Thaddeus Stevens College of Technology, and any state-owned college or university.
HB 969 (Rep. Dan Truitt, R-156) would amend the Public School Code further providing for definitions and for duty to employ, giving flexibility for school district certification. The bill would change the requirement that 100% professional employees be certified to allow for only 75% of professional employees be certified, as is the current requirement for charter schools. HB 969 was passed over.
HB 1097 (Rep. Seth Grove, R-196) would amend the Public School Code extending the current moratorium on mandatory professional development for educators. The bill would require the Department of Education (PDE) to present to both the House and Senate Education Committees no later than December 31, 2013 a proposal to modify the professional development program. The bill provides that the proposal shall include recommended legislation and that PDE shall consult with organizations representing school boards, school administrators, school business officials, charter and cyber charter schools, intermediate units, area vocational-technical schools, and professional educators. HB 1097 was passed over.
- On April 18, the House Select Committee for School Safety conducted a public hearing pursuant to House Resolution 53(Rep. Gary Day, R-187). HR 53 established the Select Committee to investigate and make recommendations concerning safety and security in public and nonpublic schools and institutes of higher education.
The Committee was briefed by Secretary of Education Ron Tomalis on the role the Pennsylvania Department of Education (PDE) plays in school safety. Secretary Tomalis reported PDE per the Pennsylvania School Code houses the Office for Safe Schools (OSS) which helps schools in the area of safety and security, as well as alternative education and drugs, tobacco and alcohol prevention programs. PDE provides professional development sessions and technical assistance, and provide to schools an All Hazards Planning Toolkit which was developed by PDE, the Pennsylvania Emergency Management Agency (PEMA) and other state and local agencies.
PEMA Director Glenn Cannon explained that the toolkit consists of a Basic Plan and guidance on how to address the phases of an emergency: prevention/mitigation, planning/preparedness, response, and recovery. He added that without the proper training to carry out a plan, the planning efforts can have limited value. PEMA provides Multi-Hazards Safe Schools training for schools, and for schools that receive federal preparedness funds there is training through the National Incident Management System (NIMS).
Secretary Tomalis noted in response to a question posed by Representative Toepel that PDE does review plans for new school construction and makes recommendations, but that sometimes schools take the suggestions and sometimes they do not. He also said that school design has improved; therefore the difficulty lies in securing the older buildings that were not designed with safety in mind. That point was reiterated later in the hearing by Pennsylvania State Police (PSP) Commissioner Colonel Frank Noonan, who added that many common sense fixes to these older buildings would not be very expensive; the more expensive updates would include requiring identification at access points at the entrance of schools, a precaution that he said is not foolproof.
The PSP plans and consults with PDE, works as Community Service Officers or School Resource Officers, and holds active shooter community exercises. Colonel Noonan expressed to the Committee that he would be cautious to recommend a military or police presence in schools or arming civilians who have not received the full six months of police officer training. He said he would not be in favor of a statewide mandate. When asked by Representative Regan about the qualifications of retired police officers to protect schools with firearms, Colonel Noonan said they are the finest trained law enforcement officers in the country and he could not think of anyone better suited for that job.
Colonel Noonan recommended the lawmakers look into the mental health field because mental health is a strong component in most school violence cases. David Freed, Cumberland County District Attorney, also emphasized the mental health system. Freed said he supports the regulations in the proposed legislation sponsored by Senator Vance that would strengthen the involuntary commitment clause for mentally ill people by broadening the ability to involuntary commit.
Freed outlined what he believed were the other important changes that needed to be made: punishing those who illegally possess firearms; securing school facilities; adding school resource officers; ensuring adequate training; developing school safety plans; assembling threat assessment teams; and investing in education.
Susquehanna Township Police Chief Robert Martin reminded the Committee of the importance of this issue: "Of rapid mass murders over the years, 38 percent have occurred in schools K-12 and another 17 percent have occurred at colleges and universities." Martin recommends that every school in Pennsylvania have a random foot patrol every day, during which officers build relationships with the students and establish trust, while also learning the layout of the schools. He said that in schools, the school officials are the first responders, not the police. However, he does not support the arming of teachers or school staff, saying "that is not their profession".
View online the written testimony provided by those who testified before the Committee:
o Pennsylvania Department of Education
o Pennsylvania Department of Military and Veterans Affairs
o Pennsylvania Emergency Management Agency
o Pennsylvania State Police
o District Attorney, Cumberland County
o Susquehanna Township Police Department
To listen to the audio recording of the hearing, click here.
