While we appreciate your efforts to provide further guidance on alternative models under Act 46, we do not believe the “Draft Rule on Proposals for Alternative Structures Under Act 46” is consistent with the provisions of Act 46. We respectfully ask that you revise the Draft Rule so that it reflects the Legislature’s determination that Act 46 is not a “one size fits all” approach.
The Draft Rule claims that the goals of Act 46 are always “best met by a school district organized and operating as a Preferred Structure.” That is not what Act 46 says. Section 5a of Act 46 identifies one model of governance as “preferred” over other models, but Section 5b explicitly recognizes that the “preferred” model “may not be . . . the best model” for a particular district. The Legislature then specifically authorizes the use of an “alternative” model wherever such a model would better meet the goals of Act 46.