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Pennsylvania Statutes Title 24 P.S. Education § 6-611-A. Early warning system

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Establishment.--

(1) The department shall develop and implement an early warning system under which the department shall:

(i) Compile financial data and maintain accurate and current information and data on the financial conditions of school districts. Each school district shall provide its financial data and information to the department within 15 days of a request by the department.

(ii) Regularly analyze and assess school district budget reports, data and other information directly related to the financial conditions of school districts.

(iii) Utilize appropriate fiscal and socioeconomic variables to identify financial difficulties in school districts in financial watch status.

(iv) Notify any school district identified for financial watch status.

(v) Offer technical assistance to school districts in financial watch status to correct minor financial problems and to avoid a declaration of financial recovery status under section 621-A.  1

(2)(i) The department shall develop the fiscal and economic variables to be used in identifying school districts in financial watch status, shall test the validity and reliability of the variables and shall continuously monitor the variables to assure their effectiveness.

(ii) The variables developed by the department under this paragraph shall include, but shall not be limited to, whether any political subdivision located within the school district is a financially distressed municipality under the act of July 10, 1987 (P.L. 246, No. 47),  2 known as the Municipalities Financial Recovery Act.

(3) In developing an early warning system under this section, the department may employ or contract with fiscal consultants as deemed necessary to administer the provisions of this section.

(b) Duties.--When a school district is identified through the early warning system for financial watch status, the department shall:

(1) Notify the school district that the department has identified the school district for financial watch status.

(2) Request from the school district all information necessary to enable the department to conduct a review of the school district's financial condition. A school district that receives a request for information under this paragraph shall provide the department with all information requested within 15 days.

(3) Perform a thorough review of the school district's financial condition, which shall include a review of the information provided by the school district under paragraph (2) and which may include visits and correspondence with school district officers and employees.

(4) Provide the school district with technical assistance appropriate to remedying the school district's financial difficulties, which may include, but shall not be limited to, contracting with financial consultants to assist the school district.

(c) Guidelines.--

(1) Within 60 days of the effective date of this section, the department shall establish guidelines for the operation of the early warning system established under this section, including a description of the variables that will be used by the department to identify school districts in financial watch status. The guidelines shall be published as a statement of policy in the Pennsylvania Bulletin and shall be posted on the department's publicly accessible Internet website.

(2) Notwithstanding any other provision of law to the contrary, guidelines required under this subsection shall not be subject to review, regulation or approval by the State Board of Education.

(3) The guidelines established by the department, and any amendments thereto, shall be exempt from the requirements of the following:

(i) The act of June 25, 1982 (P.L. 633, No. 181),  3 known as the Regulatory Review Act.

(ii) The act of July 31, 1968 (P.L. 769, No. 240),  4 referred to as the Commonwealth Documents Law.

(iii) The act of October 15, 1980 (P.L. 950, No. 164),  5 known as the Commonwealth Attorneys Act.

(4) The early warning system may not become operational until publication of the guidelines as required under paragraph (1).

1 24 P.S. § 6-621-A.
2 53 P.S. § 11701.101 et seq.
3 71 P.S. § 745.1 et seq.
4 45 P.S. § 1102 et seq.
5 71 P.S. § 732-101 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 24 P.S. Education § 6-611-A. Early warning system - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-24-ps-education/pa-st-sect-24-6-611-a/

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