Standards Aligned SystemsStandards Aligned Systems

MANDATE WAIVER PROGRAMMANDATE WAIVER PROGRAM20082008

√ Sheri Rowe, ChiefDivision School and District Improvement and

Continuous Learning

√ Mary Cornman, DirectorMandate Waiver Program

√ Robert Tomaine, Legal AdvisorOffice of Chief Counsel

Representing the Department of Education

Standards Aligned Systems

PURPOSEPURPOSE ► The Mandate Waiver Program, The Mandate Waiver Program,

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

EligibilityEligibility for Waiversfor Waivers

► School DistrictsSchool Districts

► Intermediate Unit Boards of Intermediate Unit Boards of DirectorsDirectors

► Career and Technology BoardsCareer and Technology Boards

Types of WaiversTypes of Waivers ► Alternative EducationAlternative Education► CertificationCertification► ConstructionConstruction► PurchasingPurchasing► Special EducationSpecial Education► UnclassifiedUnclassified

Mandate WaiversMandate Waivers► Provide opportunities to revamp Provide opportunities to revamp

instructional programs or operate instructional programs or operate more effectively, efficiently and more effectively, efficiently and economicallyeconomically

► Give districts new authority, Give districts new authority, flexibility and toolsflexibility and tools

► Create new ways to make dramatic Create new ways to make dramatic changeschanges

It is Department Policy to…It is Department Policy to…► accommodate all waiver requests accommodate all waiver requests

that are allowed by law that are allowed by law

► review waivers on a case-by case review waivers on a case-by case basis, and, if eligible, grant basis, and, if eligible, grant approval approval

Essential Application ComponentsEssential Application Components► Application form PDE-417 Application form PDE-417 ► Complete all six sectionsComplete all six sections

Section 1-Provide the appropriate legal citationSection 1-Provide the appropriate legal citation Section 2-Specify need for waiverSection 2-Specify need for waiver Section 3-Explain how waiver will improve Section 3-Explain how waiver will improve

instruction or operate more effectively, instruction or operate more effectively, efficiently or economicallyefficiently or economically

Section 4-Explain benefits to be obtained (cost Section 4-Explain benefits to be obtained (cost savings)savings)

Section 5-Explain how program will operate Section 5-Explain how program will operate under the waiverunder the waiver

Section 6-Describe evaluation procedureSection 6-Describe evaluation procedure

More Essential ComponentsMore Essential Components► Notarize affirmationNotarize affirmation► Provide documentation showing Provide documentation showing

public notice of board meetingpublic notice of board meeting► Resolution signed and datedResolution signed and dated► Submit separate application for each Submit separate application for each

law or regulation to be waivedlaw or regulation to be waived► For joint waiver requests, submit For joint waiver requests, submit

separate application from each separate application from each participating school district, IU or participating school district, IU or AVTSAVTS

Most Requested WaiversMost Requested WaiversCODECODE

► 24 P.S. § 8-807 Purchase of Supplies24 P.S. § 8-807 Purchase of Supplies

► 24 P.S. § 7-751 Single Prime24 P.S. § 7-751 Single Prime

PURCHASES PURCHASES School Code 8-807School Code 8-807

► Relief from provision of School Code Relief from provision of School Code for procurement of items from vendors for procurement of items from vendors who have met state contract awards, who have met state contract awards, joint purchasing agreements or PEPPM joint purchasing agreements or PEPPM bidding requirement or,bidding requirement or,

► Purchase without advertisement to Purchase without advertisement to raise the bidding threshold or quotation raise the bidding threshold or quotation from $10,000 to $15,200 as adjusted from $10,000 to $15,200 as adjusted for inflation or $4000 to $6100 or, for inflation or $4000 to $6100 or,

PURCHASES PURCHASES School Code 8-807 School Code 8-807 ► Waiver from bidding requirement to Waiver from bidding requirement to

permit procurement of equipment, permit procurement of equipment, supplies and services from a single supplies and services from a single vendor or,vendor or,

► Waiver from requirement to award Waiver from requirement to award bids, if after bids are received (and bids, if after bids are received (and within 60 days) the same item can within 60 days) the same item can be purchased elsewhere at a be purchased elsewhere at a reduced costreduced cost

Grounds and Buildings/ContractsGrounds and Buildings/Contracts School Code 7-751School Code 7-751

► Waiver from requirement for Waiver from requirement for separate prime contractors for separate prime contractors for constructing additions and constructing additions and renovations to existing school renovations to existing school facilitiesfacilities

020406080100120140160180

2000 2001 2002 2003 2004 2005 2006 2007

History of Waiver Submissions

Construction Waivers 7-751Construction Waivers 7-751

0102030405060708090

100

2000 2002 2004 2006 2008

Construction/ SinglePrime

2008 January 12008 January 1stst to February 29 to February 29thth, , 20082008

02468

101214161820

2008

Construction/ SPOther

Once SubmittedOnce Submitted► PDE has 60 days to approve, disapprove or PDE has 60 days to approve, disapprove or

request modificationsrequest modifications► Boards may resubmit revised applicationsBoards may resubmit revised applications► If approved, Board must submit evaluation 3 If approved, Board must submit evaluation 3

years from implementationyears from implementation► If evaluation shows improvement in student If evaluation shows improvement in student

performance, instructional program or school performance, instructional program or school operations, waiver is renewed and remains in operations, waiver is renewed and remains in effect unless rescinded by the Board 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 EvaluationName 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 DepartmentDept Approval Date: Dept Evaluation Due Date:

This form was completed by:

Name: Title:Phone#: FAX#: Email:

Signature : Date:

SECTION I:

Checklist Yes No No Change

N/A: ExplainSECTION II:

Narrative – Complete a written evaluation of the waiver request and attach it to this form.

Return Evaluation To:

Mandate Waiver Program-EvaluationPA Department of Education333 Market StreetHarrisburg, PA 17126-0333

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 documenthow 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 PDE Steps For Reviewing ApplicationsApplications

► Procedural reviewProcedural review► Programmatic reviewProgrammatic review► Legal reviewLegal review► PDE policy reviewPDE policy review► Final decision and notification Final decision and notification

within 60 dayswithin 60 days

Check Check www.pde.state.pa.uswww.pde.state.pa.us

► Application instructionsApplication instructions► Application form PDE 417Application form PDE 417► List by year of applications with List by year of applications with

decisionsdecisions► Approval/denial letters from the Approval/denial letters from the

Secretary of EducationSecretary of Education

Mandate Waiver Program Mandate Waiver Program QuestionsQuestions

PA Department of EducationBureau of Teaching and Learning SupportDivision of School District Improvement

and Continuous LearningMary Cornman, Program Director

mcornman@state.pa.us(717) 346-3354