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Act 13 of 2020 Mandate Waiver Request Form
Before completing this form, save it as a PDF to your computer. Once the form is saved to your
computer, you are ready to complete it. Once completed, be sure to save the final version to
your computer. Note: do not complete the form online within your web browser; your form data
will not be saved. Send your completed form to: [email protected].
Please note that this waiver request will require you to:
• Identify the specific state statute or regulation impacting staffing needs or instructional
programming and operations.
• Secure approval by the local governing body of the school entity (i.e., school board,
board of trustees, etc.) for each request.
• Attach a copy of the board resolution showing approval for each individual request and
the date of board approval.
• Complete the PDE Waiver Request Form below and submit to PDE.
Note: Waiver requests must be submitted in the form and manner prescribed by the Secretary;
requests must adhere to the following form and must be complete upon submission to PDE.
Section 1: General Information
Name of School Entity:
Allegheny Intermediate Unit
Address of School Entity:
475 East Waterfront Drive Homestead, PA 15120
School Entity Type
School District
✔ Intermediate Unit
Career and Technical Center
Charter School
Cyber Charter School
Regional Charter School
Primary Point of Contact for the Waiver Request
Full Name: Joseph D. Shaulis, General Counsel
Phone Number: 412-394-4521
Email: [email protected]
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Superintendent/Chief School Administrator
Full Name: Rosanne Javorsky, Interim Executive Director
Phone Number: 412-394-5792
Email: [email protected]
Board President/Receiver
Full Name: Debbie Beale
Phone Number: 412-394-5707
Email: [email protected]
Section 2: Waiver Requests
The following mandates are waived for all school entities for the 2019-20 school
year – either through Act 13 or by action of the Secretary of Education – and DO
NOT require a waiver request by a school entity:
• 180-day instructional day (or 990/900/450 instructional hours)
requirement;
• Statewide assessments (PSSA, PASA, Keystone exams)
• NOCTI/NIMS assessments for career and technical students;
• Requirement to include performance data otherwise required under
section 1123(b)(1)(ii) of the School Code in a professional employee's
performance rating;
• Minimum number of days of prekindergarten instruction required under 22
Pa. Code § 405.41 (relating to school term); and
• Minimum total number of hours required for a career and technical
education program under 22 Pa. Code § 339.22(a)(9)(i) (relating to
program content).
In addition to those set forth above, what other waiver(s) is your school entity seeking?
Indicate the appropriate legal citations and specific provisions from which relief is
sought.
The AIU requests a waiver of the requirement of Section 910-A(b) of the Public School Code, 24 P.S. §9-910-A(b), that an intermediate unit board choosing to elect members by mail ballot notify the secretary of the board of directors of each school district comprising the intermediate unit annually prior to January 1.
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For each of these specific provisions, provide the following information:
1. Why the waiver is requested:
Pursuant to Section 910-A(b), intermediate unit directors must be elected annually between February 1 and June 30 by convention or mail ballot of the school directors of the school districts comprising the intermediate unit. The AIU historically elects directors by convention. The 2020 convention, scheduled for March 31, was postponed indefinitely because of the covid-19 pandemic. It is unclear when federal guidance and state social distancing requirements will permit a convention to take place. Therefore,
2. How the waiver impacts the school entity’s staffing needs for the 2019-20 school
year as a result of to the Pandemic of 2020:
The waiver will not impact the AIU's staffing needs for the 2019-20 school year.
3. How the waiver impacts the school entity’s instructional programs or operations
for the 2019-20 school year as a result of the Pandemic of 2020:
The waiver will permit four members of the 13-member Board of Directors to be elected before current members' terms expire on June 30, 2020, and seated effective July 1, 2020.
4. How the school entity provided opportunity to comment on the waiver request:
Public comment was solicited during the Board of Directors meeting on April 27, 2020, prior to the Board's vote to approve this waiver request.
5. How the school entity will evaluate and report on impact of the waiver, if granted:
Evaluation and reporting on the impact of the waiver will be unnecessary; the outcome of the waiver will be a mail-ballot election of four members to the Board of Directors.
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Part 3: Affirmation
Board Approved Resolution for Waiver
Please complete this affirmation and attach a copy of the board resolution adopting the
waiver request with your completed form.
We affirm that this Waiver Request Form was adopted by the attached resolution
of the board at a public meeting. Legal counsel for the school entity has reviewed the
application and has determined that in waiving (insert law, regulation, or standard):
Section 910-A(b) of the Public School Code, 24 P.S. § 910-A(b), in part,
the school entity will not violate any court order, or state or federal law.
We acknowledge that it is school entity’s responsibility to ensure that implementation of the waiver will comply with the terms of any court order, collective bargaining
agreement, or contract by which the school entity is bound.
We make this statement under penalty of perjury as more fully set forth in 18 Pa.C.S. § 4904.
Affirmed on this day: 4/30/20
Rosanne Javorsky E-signature of Superintendent/Executive Director/Chief School Administrator
Debbie Beale Digitally signed by Debbie Beale
DN: cn=Debbie Beale, o=AIU, ou=AIU Board President,
[email protected], c=US
Date: 2020.04.30 09:24:48 -04'00'
E-signature of Board President/Receiver
The Affirmation will be considered duly executed and delivered by persons affixing their
electronic signatures to an electronic file of the Affirmation.
A RESOLUTION BY THE BOARD OF DIRECTORS OF THE ALLEGHENY INTERMEDIATE UNIT
AUTHORIZING THE SUBMISSION OF A WAIVER REQUEST TO THE SECRETARY OF EDUCATION
2019-2020-#1
WHEREAS, Section 910-A(b) of the Public School Code, 24 P.S. § 910-A(b), provides in part that intermediate unit directors shall be elected annually between February 1 and June 30 by convention or by mail ballot of the school directors of the school districts comprising an intermediate unit; and
WHEREAS, Section 910-A(b) also requires that an intermediate unit board choosing to elect members by mail ballot shall notify the secretary of the board of directors of each school district comprising the intermediate unit annually prior to January 1; and
WHEREAS, the Allegheny Intermediate Unit (AIU) historically elects directors by convention; and
WHEREAS, a convention for the purpose of electing four directors to the AIU Board of Directors was scheduled for March 31 , 2020; and
WHEREAS, the March 31, 2020, convention was indefinitely postponed because of the closure of Pennsylvania public school entities due to the covid-19 pandemic; and
WHEREAS, it is unclear when federal guidance and state requirements regarding social distancing will permit such a convention to take place; and
WHEREAS, Act 13 of 2020, codified at 24 P.S. § 1501.8, provides in part that the governing body of a school entity may apply to the Secretary of Education for a waiver, in the form and manner prescribed by the Secretary of Education, of any provision of the Public School Code if the waiver is directly related to the school entity' s operations as a result of the pandemic of 2020; and
WHEREAS, in response to the unique circumstances of the covid-19 pandemic and without establishing any precedent, the AIU Board of Directors wishes to elect directors by mail ballot prior to June 30, 2020, despite the passage of the January 1 statutory deadline to notify the board secretaries of the AIU' s member districts of a mail-ballot election.
NOW THEREFORE, BE IT RESOLVED that the Allegheny Intermediate Unit submit a request to the Secretary of Education to waive, with respect to the 2020 election of directors, the requirement of Section 910-A(b) of the Public School Code that an intermediate unit board choosing to elect members by mail ballot notify the secretary of the board of directors of each school district comprising the intermediate unit annually prior to January 1.
Adopted this 27th day of April, 2020.
Signed,
Debbie Beale, President
