Standards Aligned Systems MANDATE WAIVER PROGRAM 2008

√ Sheri Rowe, Chief Division School and District Improvement and Continuous Learning √ Mary Cornman, Director Mandate Waiver Program √ Robert Tomaine, Legal Advisor Office of Chief Counsel Representing the Department of Education

Standards Aligned Systems

PURPOSE ► The Mandate Waiver Program, contained in the Education Empowerment Act gives all Pennsylvania school districts the option to apply to the Department of Education (PDE) for waivers from state mandates regardless of whether they are on the Empowerment List or certified as an Empowerment District

Eligibility for Waivers ► School Districts ► Intermediate Unit Boards of Directors ► Career and Technology Boards

Types of Waivers ► Alternative Education ► Certification ► Construction ► Purchasing ► Special Education ► Unclassified

Mandate Waivers ► Provide opportunities to revamp instructional programs or operate more effectively, efficiently and economically ► Give districts new authority, flexibility and tools ► Create new ways to make dramatic changes

It is Department Policy to… ► accommodate all waiver requests that are allowed by law ► review waivers on a case-by case basis, and, if eligible, grant approval

Essential Application Components ► Application form PDE-417 ► Complete all six sections  Section 1-Provide the appropriate legal citation  Section 2-Specify need for waiver  Section 3-Explain how waiver will improve instruction or operate more effectively, efficiently or economically  Section 4-Explain benefits to be obtained (cost savings)  Section 5-Explain how program will operate under the waiver  Section 6-Describe evaluation procedure

More Essential Components ► Notarize affirmation ► Provide documentation showing public notice of board meeting ► Resolution signed and dated ► Submit separate application for each law or regulation to be waived ► For joint waiver requests, submit separate application from each participating school district, IU or AVTS

Most Requested Waivers CODE ► 24 P.S. § Purchase of Supplies ► 24 P.S. § Single Prime

PURCHASES School Code ► Relief from provision of School Code for procurement of items from vendors who have met state contract awards, joint purchasing agreements or PEPPM bidding requirement or, ► Purchase without advertisement to raise the bidding threshold or quotation from $10,000 to $15,200 as adjusted for inflation or $4000 to $6100 or,

PURCHASES School Code ► Waiver from bidding requirement to permit procurement of equipment, supplies and services from a single vendor or, ► Waiver from requirement to award bids, if after bids are received (and within 60 days) the same item can be purchased elsewhere at a reduced cost

Grounds and Buildings/Contracts School Code ► Waiver from requirement for separate prime contractors for constructing additions and renovations to existing school facilities

History of Waiver Submissions

Construction Waivers 7-751

2008 January 1 st to February 29 th, 2008

Once Submitted ► PDE has 60 days to approve, disapprove or request modifications ► Boards may resubmit revised applications ► If approved, Board must submit evaluation 3 years from implementation ► If evaluation shows improvement in student performance, instructional program or school operations, waiver is renewed and remains in effect unless rescinded by the Board

Below are some aspects of school operations. Please indicate the impact of the waiver on these aspects: Mandate Waiver Program Evaluation Name of School District/IU/AVTS: Legal Citation of Approved Waiver: Note: A separate evaluation must be completed for each Mandate Waiver Program Application that was approved by the Department Dept Approval Date:Dept Evaluation Due Date: This form was completed by: Name:Title: Phone#:FAX#: Signature : Date: SECTION I: Checklist Yes No No Change N/A: Explain SECTION II: Narrative – Complete a written evaluation of the waiver request and attach it to this form. Return Evaluation To: Mandate Waiver Program-Evaluation PA Department of Education 333 Market Street Harrisburg, PA Section 1714-B (f) of the Public School Code requires that each Mandate Waiver Program Application include an evaluation. This evaluation is submitted to the Department of Education. When the evaluation of a waiver indicates an improvement in student performance, instructional program or school operations, the waiver will be renewed by the Department and remain in effect unless rescinded by the board of school directors. Explain, in measurable terms, the benefits obtained by the waiver. Include the criteria used to evaluate the waiver and supply data and information to support all findings. Waivers granted to improve instructional programs or student performance should describe and document how the waiver increased the effectiveness of the innovative or revised instructional program and/or improved student performance. Include local assessment data and PSSA scores where appropriate. Waivers granted to enable a school district, IU or AVTS to operate more efficiently, effectively or economically should explain how the approved waiver improved operations. Please provide supporting data and documentation. This may include comparisons of the estimated costs of the project or purchase without waiver versus the actual costs after the waiver had been approved. Waivers granted for construction projects may also include comparisons of final project costs to the costs of prior construction projects completed without waiver. Did the waiver accomplish the results your expected? Did the waiver enhance or improve your instructional programs? Did student performance improve as a result of the waiver? Did the waiver improve the operations of your school? More efficient time management. More effective use of staff and/or personnel. Improved communication and coordination of services. Increased cost savings to your school. More local control and flexibility in decision-making. Reduced conflicts in scheduling & meeting deadlines for construction projects.

PDE Steps For Reviewing Applications PDE Steps For Reviewing Applications ► Procedural review ► Programmatic review ► Legal review ► PDE policy review ► Final decision and notification within 60 days

Check ► Application instructions ► Application form PDE 417 ► List by year of applications with decisions ► Approval/denial letters from the Secretary of Education

Mandate Waiver Program Questions PA Department of Education Bureau of Teaching and Learning Support Division of School District Improvement and Continuous Learning Mary Cornman, Program Director (717)