Gergely+takes+issue+with+new+education+law

=By Patrick Cloonan= =Published by the McKeesport Daily News= =7/13/12= = = = = = = =Gov. Tom Corbett said House Bill 1307 gives the Pennsylvania Department of Education the framework to intercede and work with local officials to help reconstruct failing school districts.= ="This bill is about saving the educations of students when the system has failed them," Corbett said as he signed HB 1307 Thursday. "The state constitution guarantees every child an education and we intend to see that obligation fulfilled."= =Rep. Marc J. Gergely, D-White Oak, maintained that the law violates the U.S. Constitution and will burden taxpayers in other districts.= ="I fought very vigorously on the floor against its passage," Gergely said. "I pointed out its fallacies and a lot of the outcomes that could happen."= =A likely recipient of those outcomes is Duquesne City School District, part of Gergely's 35th Legislative District. Proponents said the department will have the authority to structurally reform Duquesne and other failing districts.= =The governor's office said the new law establishes a set course of action that will help guide financially distressed districts back onto solid economic ground. The commonwealth pledged financial aid and management assistance to failing districts.= =It is not clear if the law will be applied to Duquesne.= =A spokesman for the education department said he was unable to provide specific details. A spokeswoman for the Duquesne district said she did not have a comment at this time.= =Gergely said the bill creates the position of chief recovery officer, which will replace state-appointed boards of control now named for distressed districts such as that in Duquesne.= ="The chief recovery officer has the ability to direct where the children can go," Gergely said, suggesting there could be more transfers from failing districts to more stable districts.= =The White Oak Democrat, a one-time president of the McKeesport Area school board, said he could see transfers of Clairton students to Elizabeth Forward and/or West Jefferson Hills, or Jeannette students to Penn-Trafford, Hempfield Area and/or Norwin.= ="He can say that the best outcomes ... would be to transfer them to other locations," Gergely said.= =Gergely said elected boards in distressed districts "would be forced to apply the recommendations of the chief recovery officer" and could not resign for the duration of their terms.= =Gergely said that violates the "involuntary servitude" provision of the 13th Amendment to the U.S. Constitution. He moved to kill the bill as unconstitutional but it failed along party lines in the Republican-controlled House.= ="This bill also removed caps from the education code that previously limited the number of students going to West Mifflin and East Allegheny from Duquesne," said Rep. Bill Kortz, D-Dravosburg, who shares West Mifflin with Gergely.= =Kortz referred to provisions that lifted the cap of 165 but, as Gergely also noted, did not set a new limit on how many transfers a district had to take.= =Gergely noted what West Mifflin superintendent Daniel Castagna said about charter schools getting more state funding for special education students than public schools. Also, previously, officials in West Mifflin Area said the state was not providing enough tuition for regular students.= =While each transferred student brings $10,000 to $10,500 in tuition, West Mifflin Area officials said they needed $14,000.= ="(The department) publicly stated that the Duquesne school situation would be addressed last fall and yet no dialogue occurred," Kortz said. "The secretary of education never visited West Mifflin nor East Allegheny to explain his plan nor did he give official notice until (this week)."= ="We reached out to (state education secretary Ronald J.) Tomalis," Gergely said.= ="They shut the door on us. They didn't care, we didn't have the votes and they're going to shove it down our throats."= =On Monday Tomalis wrote to West Mifflin Area and East Allegheny superintendents, telling them to expect transfers of seventh- and eighth-graders.= =That is in addition to students from Duquesne in grades 9-12.= ="Officials at the Duquesne City School District will certainly work with the East Allegheny and West Mifflin Area school districts to do what is necessary to assure a smooth transition for our students," Duquesne spokeswoman Sarah McCluan said.= = = = = = = = = =News= =home=