House Bill 11, Amendments to Other Bills Attack Separations Act Mandate Waiver Currently Available to School Districts

A bill that may move in the State House contains a provision that would require school districts under the Department of Education’s Mandate Waiver Program to solicit both single and separate prime bids before they take relief from the state’s Separations Act. This language is included in Section 21 of House Bill 11(Roebuck, D-Philadelphia) which is referred to as an omnibus school code bill – meaning it addresses multiple education issues in one piece of legislation. House Bill 11 is currently in the House Education Committee awaiting further action. Similar language is contained in amendments to other education-related bills not yet scheduled for consideration.

On July 21, GCAP advised the Majority and Minority Chairs of the House Education Committee along with committee members that GCAP opposes Section 21 because it will result in a disingenuous comparison of school construction delivery methods, and it runs counter to the intent of the Education Empowerment Act which allows a waiver of the separate prime requirement in the first place.

GCAP continues to work with its partners, the Pennsylvania School Boards Association, the Pennsylvania Association of School Business Officals, the American Council of Engineering Companies of Pennsylvania and AIA Pennsylvania to lobby against requiring school districts to bid both projects both ways because doing so does not result in an “apples to apples” comparison of construction bids. For more information on how you can help with this issue, please contact GCAP at 717-512-6391 or email hidden; JavaScript is required.

The exact future of House Bill 11 or any school code legislation remains in question because the Senate has indicated that they will not move on any such legislation in the near future.