Senate News Update
From Senator Jane Earll
November 2, 2011

Senate Bill 1, Printer's Number 1711

Yesterday, historic legislation to assist parents and students in achieving their educational goals passed the Senate by a vote of 27-22.  I voted for this measure and would like to share my reasons with you.

Education is one of the most essential and fundamental tasks of state government.  We promise "a thorough and efficient system of public education" in our Constitution; we devote, in most fiscal years, the largest share of state budget dollars and significant effort to crafting this system.  We envision a well-supported, forward-thinking enterprise where the seeds for the careers of the future are planted today in mathematics, science, social sciences and the liberal arts.  We care about young people and their needs, from Pre-K through college – the majority of our time as legislators is spent on debating/planning for education.

Yet, we cannot effect a vision "from the top down."  The mountains of input and suggestions we regularly receive, no matter how well integrated into the Public School Code of 1949, will not substitute for the crucial, and often missing, factor of individual participation in the system.  Students and their parents are integral partners, with teachers and administrators, in creating the educated citizenry we hope to foster.  That is why Senate Bill 1, engaging parents and communities in a two-way dialogue about how to educate their children, is a step in the right direction.

This proposal puts resources in the hands of parents so that they can step up on behalf of their children.  We must acknowledge that, in placing students by residency in public schools, we may have situations in which the local school is not a good "fit."  But in the past, the only option for parents was to move, which is not always feasible.  Senate Bill 1 would permit students in schools where the assessments in math and reading fall in the lowest five percent to change schools in 2012-2013.  In 2013-2014, all students residing in the attendance boundaries of schools in the bottom five percent would be able to change schools.  By 2018-2019, students in schools where the assessments show that 50 percent or fewer of the students are proficient in math or reading could change schools. 

The mechanism for this freedom to change environments to address each student's particular needs is the Opportunity Scholarship program, a dollar amount that "follows the student" when the family income is at or below 185 percent of the Federal Poverty Income Guideline (FPIG), or about $41,000 for a family of four.  Just as we now fund public schools based on attendance, the state subsidy (and only the state share) will go to the school the child actually attends, and keep the funds within the education system.  However, the "system" will be expanded to include various institutions that can offer a variety of environments, approaches and curricula within our existing Title 22 standards.

Considering that state funding will provide about $6,300 for participating children in the City of Erie School District, the possibility of a 100 percent scholarship in that amount at income levels up to $29, 055 (130 percent of the 2011 FPIG) and a 75 percent scholarship when income is from $29,056 to $41,348 (131-185 percent of the 2011 FPIG) is going to provide hope to families that were previously without options.  For parents and children to engage totally in the educational process, they need to feel some ownership and control over their future.  Instead of demanding that existing institutions continue the same methods but produce different results, we are returning the challenge to families and broadening the base of institutions which will share in the effort of nurturing and preparing tomorrow's citizens.  Schools previously burdened with low performance on the PSSA's could see opportunity, too, in reduced class sizes, renewed initiative to break the cycle of non-achievement, and the motivation that comes with competition.  The Commonwealth will dedicate no less funding to each student than before, and will retain any savings and interest on the funds set aside for the Opportunity Scholarships to expand this program as time goes on.  But now, instead of expecting teachers and administrators to solve all the problems, parents and students will be fully collaborating.

Moreover, for ten years now, the Educational Improvement Tax Credit (EITC) program has successfully offered scholarships to students in all types of schools so that a similar change of environment and hope for improved learning could occur.  From Pre-K to grade 12, students have received the benefits of private donations supplementing their own funds and enabling them to choose schools that best meet their needs.  Senate Bill 1 could make even higher levels of tax credits available to donor businesses, to be adjusted annually in the budget process, as follows:

• For Scholarship and Educational Improvement (Tutoring): from the current $67 million up to $92 million in 2012-2013 and up to $115 million in 2014-2015.
• For Pre-K: from the current $8 million up to to $10 million in 2014-2015.
• For all:  The level of credits available will increase by 5 percent per year if at least 90 percent of the available credits for the prior fiscal year were awarded.  (Thus, as need increases, the opportunities will also increase.)

Governor Corbett agrees that forfeiting tax revenue, even at the significant levels described above, is a small price to pay for an excellent education for our children.  Other changes include reserving 20 percent of the available credits for tutoring programs for distribution to school-based foundations, expanding the types of tax debt that can be offset by donations to the EITC program, and allowing the tax credits to be claimed on sole proprietors' joint tax returns.  In addition, chartered schools for hearing- and visually-impaired children, as well as approved private schools for special education students will also be able to benefit from donations targeted for innovative educational improvement/tutoring. 

Finally, the charter school law of 1997 has been in need of updating for some time.  Charter schools are, in many cases, additional resources in the great panoply of Pennsylvania's educational offerings.  But, in order to lift onerous record-keeping from school district business offices, the Pennsylvania Department of Education will assume responsibility for payment of per-student subsidies directly.  Forms, reports and processes (application/appeal) will be standardized so that data is useful and interaction with PDE will be more efficient.  The current law does not provide for amendments to charters, which Senate Bill 1 corrects.  Conversion of a public school to a charter school, with the acceptance of parents and employees, will be streamlined.

The charter period will be lengthened from three years to five years, to be followed by renewal terms of ten years, to reduce paperwork.  The Appeal Board membership will be expanded to include a charter and a cyber charter administrator, as well as a parent who is sending a student to a charter or cyber charter school.  A statewide advisory committee will be formed to study funding for charter and cyber charter schools.  Students in these schools will be considered "concurrent students" for purposes of the dual enrollment programs available with institutions of higher education.

Charter and cyber charter trustees and employees will be required to comply with the state Ethics Law, including annual disclosure filings, and will be subject to conflict of interest prohibitions.  Charter and cyber charter school facilities and facilities owned by an associated non-profit organization/corporation will be treated as schools for purposes of state, county and municipal real estate taxes.  This will permit multiple locations under one school's aegis.  Senate Bill 1 clarifies that a charter/cyber charter school is prohibited from providing any religious instruction or displaying any religious objects with the intent of advancing or endorsing religion. But charter and cyber charter schools would be permitted to use buildings vacated by sectarian organizations, even when religious items had been incorporated into the design of the buildings, provided that religious objects and symbols in the portion used by the charter/cyber charter school are covered or removed to the extent reasonably feasible.

Charter/cyber schools will be treated the same as school districts with respect to compliance with Adequate Yearly Progress compliance.  Enrollment caps will be prohibited.  PDE will create an academic performance matrix for charter schools to gauge and compare the quality of their students' educational achievement.  Once again, the Senate has taken bold steps to ensure that every child has an appropriate setting, tailored to his or her needs, in which to learn and flourish.

The Opportunity Scholarship Program will be available to 143 school buildings in 17 districts, including Wayne Middle School and Burton Elementary School in the City of Erie School District, beginning with the next school year.  The Educational Improvement Tax Credit Program will continue to assist parents as it has for the past ten years, and will grow.  Our charter and cyber charter schools will coordinate more with and be more easily measured against common goals and standards.  All of this makes Senate Bill 1 a pioneering move, as well a necessary step, toward the type of educational quality and student achievement of which we can all be proud.

The state House must now take up SB 1; you can view the bill, status and vote information online in the "Electronic Bill Room" at www.senatorearll.com.