SENATE AMENDED
PRIOR PRINTER'S NOS. 2160, 2437, 2838 PRINTER'S NO. 2916
No. 1735 Session of 1987
INTRODUCED BY COWELL, DAVIES, EVANS, TELEK, E. Z. TAYLOR,
HERMAN, DALEY, WASS, BATTISTO, COY, BURNS, FOX, LESCOVITZ,
TIGUE, COLAFELLA, LIVENGOOD, KOSINSKI, WIGGINS, LINTON,
STAIRS AND FISCHER, SEPTEMBER 28, 1987
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, FEBRUARY 24, 1988
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," CHANGING THE DATE FOR PLAN SUBMISSION <--
6 ON CONTINUING PROFESSIONAL DEVELOPMENT; reestablishing the
7 State Board of Education; further providing for its
8 membership, powers and duties; further providing for the
9 State School Fund; and making repeals.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 SECTION 1. SECTION 1205.1(A) OF THE ACT OF MARCH 10, 1949 <--
13 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED
14 DECEMBER 15, 1986 (P.L.1602, NO.1708), IS AMENDED TO READ:
15 SECTION 1205.1. CONTINUING PROFESSIONAL DEVELOPMENT.--(A)
16 [DURING THE 1986-1987 SCHOOL YEAR,] BY JANUARY 1, 1989, EVERY
17 SCHOOL DISTRICT, JOINT SCHOOL DISTRICT, INTERMEDIATE UNIT AND
18 AREA VOCATIONAL-TECHNICAL SCHOOL SHALL SUBMIT TO THE SECRETARY
19 OF EDUCATION FOR APPROVAL A CONTINUING PROFESSIONAL DEVELOPMENT
20 PLAN, DEVELOPED PURSUANT TO THE PROVISIONS OF SUBSECTION (B) AND
1 INCLUDING, AT A MINIMUM, THE ELEMENTS PROVIDED FOR IN SUBSECTION
2 (C). THE SECRETARY SHALL DETERMINE APPROXIMATELY ONE-THIRD OF
3 THE SCHOOL DISTRICTS, JOINT SCHOOL DISTRICTS, INTERMEDIATE UNITS
4 AND AREA VOCATIONAL-TECHNICAL SCHOOLS WHICH SHALL SUBMIT TWO-
5 YEAR PLANS, ONE-THIRD WHICH SHALL SUBMIT THREE-YEAR PLANS AND
6 ONE-THIRD WHICH SHALL SUBMIT FOUR-YEAR PLANS [DURING THE 1986-
7 1987 SCHOOL YEAR] BY JANUARY 1, 1989. THEREAFTER, UPON THE
8 EXPIRATION OF THE EXISTING PROFESSIONAL DEVELOPMENT PLAN, EACH
9 SCHOOL DISTRICT, JOINT SCHOOL DISTRICT, INTERMEDIATE UNIT AND
10 AREA VOCATIONAL-TECHNICAL SCHOOL SHALL SUBMIT TO THE SECRETARY
11 FOR APPROVAL A TWO-YEAR PROFESSIONAL DEVELOPMENT PLAN.
12 * * *
13 Section 1 2. Section 2601 of the act of March 10, 1949 <--
14 (P.L.30, No.14), known as the Public School Code of 1949, is
15 repealed.
16 Section 2 3. Section 2604 of the act, amended October 21, <--
17 1965 (P.L.601, No.312), is amended to read:
18 Section 2604. Use of Fund Appropriation.--In addition to
19 equalizing educational opportunities throughout the
20 Commonwealth, the State Board of Education may expend moneys
21 from the State School Fund of Pennsylvania for the [purpose of
22 paying a part of the costs of repairs and/or alterations to
23 local public school buildings or buildings used by State
24 colleges, which repairs and/or alterations are necessary to
25 satisfy fire and safety standards or requirements and which are
26 required by order of the Department of Labor and Industry, or in
27 those cases in which the Department of Labor and Industry does
28 not have jurisdiction, then by order of another governmental
29 body of competent jurisdiction empowered by law to enforce such
30 orders, including cities of the first class, cities of the
19870H1735B2916 - 2 -
1 second class, and cities of the second class A.
2 As much of the moneys in the State Fund of Pennsylvania,
3 including principal and income, as may be necessary, is
4 specifically appropriated to the State Board of Education to be
5 used for the purposes and in the manner prescribed in this act.]
6 purposes of contractual research projects and any other
7 activities approved by the State Board of Education and deemed
8 necessary for its compliance with this article. Payments shall
9 be made by the State Treasurer on order of the State Board of
10 Education, signed by the chairman of the board. AS MUCH OF THE <--
11 MONEY IN THE STATE FUND OF PENNSYLVANIA, INCLUDING PRINCIPAL AND
12 INCOME, AS MAY BE NECESSARY, IS SPECIFICALLY APPROPRIATED TO THE
13 STATE BOARD OF EDUCATION TO BE USED FOR THE PURPOSES AND IN THE
14 MANNER PRESCRIBED IN THIS ARTICLE.
15 Section 3 4. Sections 2605 and 2607 of the act are repealed. <--
16 Section 4 5. The act is amended by adding an article to <--
17 read:
18 ARTICLE XXVI-B
19 THE STATE BOARD OF EDUCATION.
20 Section 2601-B. Definitions.--When used in this article the
21 following words and phrases shall have the following meanings:
22 (1) "Board" shall mean the State Board of Education.
23 (2) "State Board of Education" shall mean the entity known
24 as the State Board of Education and placed within, and made a
25 departmental administrative board of, the Department of
26 Education by section 202 of the act of April 9, 1929 (P.L.177,
27 No.175), known as "The Administrative Code of 1929."
28 Section 2602-B. Membership.--(a) The board shall consist of
29 twenty-one (21) members, ten (10) of whom shall also serve as
30 members of the Council of Basic Education, and ten (10) of whom
19870H1735B2916 - 3 -
1 shall also serve as members of the Council of Higher Education.
2 The member designated by the Governor as chairman of the board
3 shall also service as a member of the Council of Basic Education
4 and of the Council of Higher Education. Except the legislative
5 members, each member shall be appointed by the Governor, by and
6 with the advice and consent of a majority of all the members of
7 the Senate, and shall, except as hereinafter provided, hold
8 office for terms of six (6) years each or until his successor
9 has been appointed and has qualified. An appointment to fill a
10 vacancy shall be for the unexpired term or until his successor
11 has been appointed and has qualified. The chairmen and minority
12 chairmen of the House of Representatives and Senate Education
13 Committees, or their respective designees from such committees,
14 shall serve as ex officio members of the board with full voting
15 privileges and shall serve as members for as long as they hold
16 their respective positions. The Chairman of the Professional
17 Standards and Practices Commission, or a commission member
18 designated by the chairman, created by the act of December 12,
19 1973 (P.L.397, No.141), referred to as the Teacher Certification
20 Law, shall be an ex officio member of the board without voting
21 privileges or assignment to either council. Members shall
22 receive no salary but shall be entitled to travel expenses and
23 other necessary expenses incurred in the performance of their
24 duties as members of the board.
25 (b) Eleven (11) members shall constitute a quorum provided
26 that at least five (5) members serving on each of the councils
27 are present. The affirmative vote of a majority of all the
28 members of the board duly recorded showing how each member voted
29 shall be required in order to take action adopting statements of
30 policy, standards, rules and regulations. The board shall meet
19870H1735B2916 - 4 -
1 at least six (6) times a year at such times and places as it
2 shall determine. Special meetings may be called by the chairman
3 or at the request of a majority of the members of the board.
4 (c) An appointed member who fails to attend three (3)
5 consecutive board meetings shall forfeit his or her membership
6 on the board, unless the board chairman, upon written request
7 from the member, determines that the member should be excused
8 from a meeting or meetings for reasons of illness or death of an
9 immediate family member.
10 (d) (1) The Governor shall designate, to serve at his
11 pleasure, a member as chairman of the board.
12 (2) The chairman of the board, or a member of the board
13 designated by the chairman, shall be an ex officio member of the
14 Professional Standards and Practices Commission, without voting
15 privileges.
16 (e) For the purpose of formulating policy proposals
17 applicable to elementary, secondary, vocational-technical
18 education and higher education in this Commonwealth, there shall
19 be two councils, which shall consist of ten (10) members of the
20 board each, the chairman being a member of both councils, and
21 shall be known as the Council of Basic Education and the Council
22 of Higher Education. The Governor shall designate to serve at
23 his pleasure a member serving on each council to act as chairman
24 of the council. Each council shall meet at the call of its
25 chairman or at the request of a majority of the members of the
26 council. The chairman of the board may appoint special joint
27 committees from among the members of the board to formulate
28 policy proposals in those areas which fall within the purview of
29 both of the councils.
30 (f) Except for the chairman, not more than two (2) members
19870H1735B2916 - 5 -
1 serving on each council shall be employed either in a school
2 system or in the Department of Education. For purposes of this
3 subsection, the State System of Higher Education shall not be
4 considered a school system. Three (3) members of the Council of
5 Higher Education shall be actively employed by an institution of
6 higher education, at least one holding an administrative
7 position and at least one holding a professional position on a
8 faculty of an institution of higher education. At least two (2)
9 members serving on each council shall have had previous
10 experience with vocational-technical education or training.
11 (g) The Secretary of Education, or his designated
12 representative, shall be the chief executive officer of the
13 board who shall be responsible for the performance and <--
14 maintenance of the board and who, shall be entitled to attend
15 all meetings of the board and councils, and shall have the right
16 to speak on all matters before the board and the councils but
17 not to vote.
18 Section 2603-B. Powers and Duties of the Board.--(a) The
19 board shall have the power, and its duty shall be, to review the
20 statements of policy, standards, rules and regulations
21 formulated by the Council of Basic Education and the Council of
22 Higher Education, and adopt broad policies and principles, and
23 establish standards governing the educational program of the
24 Commonwealth.
25 (b) The board, subject to the approval of AND the Secretary <--
26 of Education, shall SHALL JOINTLY employ and fix the <--
27 compensation of such staff as it deems necessary to perform the
28 duties of the board. The board shall be entitled to legal
29 counsel which shall be designated by the Office of General
30 Counsel, which legal counsel shall not also be legal counsel to
19870H1735B2916 - 6 -
1 the Department of Education.
2 (c) The board shall develop an annual operating budget,
3 including projected operating expenses of the Professional
4 Standards and Practices Commission. It shall include salaries
5 for staff, office materials and equipment, and all expenses for
6 the operation of the board and commission. This budget shall be
7 presented to the Secretary of Education. Upon adoption of the
8 general appropriations act, the department shall notify the
9 board of the amount of its allocation.
10 (d) The board shall also have the authority and duty to:
11 (1) approve or disapprove an application for the creation of
12 a new school district, or change in the boundaries of an
13 existing school district;
14 (2) establish, whenever deemed advisable, committees of
15 professional and technical advisors to assist the councils in
16 performing research studies undertaken by them;
17 (3) manage and have custody of the State School Fund;
18 (4) (i) apply for, receive and administer, subject to any
19 applicable regulations or laws of the Federal Government or any
20 agency thereof, any Federal grants, appropriations, allocations
21 and programs for the development of academic facilities on
22 behalf of the Commonwealth, any of its school districts or any
23 institution of higher education, public or private, within this
24 Commonwealth;
25 (ii) subject to criteria developed by the Secretary of
26 Education and subject to any applicable regulations or laws of
27 the Federal Government or any agency thereof, to develop, alter,
28 amend and submit to the Federal Government State plans for
29 participation in Federal grants, appropriations, allocations and
30 programs for the development of academic facilities and to make
19870H1735B2916 - 7 -
1 regulations, criteria, methods, forms, procedures and to do all
2 other things which may be necessary to make possible the
3 participation of the Commonwealth in such Federal grants,
4 appropriations, allocations and programs for the development of
5 academic facilities;
6 (iii) hold hearings, issue subpoenas and render decisions as
7 to the priority assigned to any project, or as to any other
8 matter or determination affecting any applicant for Federal
9 grants, appropriations, allocations and programs for the
10 development of academic facilities;
11 (iv) adopt rules or procedures and prescribe regulations for
12 the submission to it of all matters within its jurisdiction; and
13 (v) submit, annually, to the Governor, on or before the
14 first Monday of December, a report of its proceedings during
15 that year, together with such recommendations as the board shall
16 deem necessary;
17 (5) adopt policies under which the Secretary of Education
18 shall approve or disapprove any action of a State-owned
19 university, community college or State-related or State-aided
20 college or university in establishing additional branches or
21 campuses, or in discontinuing branches or campuses;
22 (6) adopt policies under which the Secretary of Education
23 shall approve or disapprove any action of a State-owned
24 university, community college or State-related or State-aided
25 college or university in establishing new professional schools
26 or upper division programs by two (2) year institutions;
27 (7) adopt policies under which the Secretary of Education
28 shall approve or disapprove applications by two (2) year
29 institutions to become four (4) year institutions;
30 (8) adopt policies under which the Secretary of Education
19870H1735B2916 - 8 -
1 shall approve or disapprove the request of any private
2 institution of higher education for admission to State-related
3 or State-aided status, or for eligibility for other State
4 financial support; and
5 (9) require the submission of long-range plans from all
6 public and private institutions of higher education at the times
7 and in the form requested by the board. Such documents shall be
8 reviewed by the Council of Higher Education and the board in the
9 development of a master plan for higher education as provided in
10 subsection (h) and section 2604-B(c)(1).
11 (e) With regard to State-owned institutions, approval or
12 disapproval by the Secretary of Education under the provisions
13 of clauses (5) and (6) of subsection (d) shall not be made until
14 after recommendation by the Board of Governors of the State
15 System of Higher Education, whenever such recommendation is
16 deemed necessary or required by law.
17 (f) No institution of higher education may proceed with any
18 action unless it has been approved by the Secretary of Education
19 under the provisions of clauses (5) through (8) of subsection
20 (d).
21 (g) With regard to approval by the Secretary of Education
22 under the provisions of clauses (5) through (8) of subsection
23 (d), no action to be financed wholly or in part from State
24 appropriations shall be taken by an institution of higher
25 learning (i) prior to the next fiscal year or until the General
26 Assembly approves the Governor's budget for the next fiscal
27 year, and (ii) prior to each member of the General Assembly, the <--
28 Governor and the Secretary of the Budget being provided with
29 written notification of such approval, including projected five
30 (5) year fiscal analysis and an explanation as to the necessity
19870H1735B2916 - 9 -
1 for the proposed action in relation to the master plan for
2 higher education.
3 (h) Every five (5) years, the board shall adopt a master
4 plan for higher education which shall be for the guidance of the
5 Governor, the General Assembly, and all institutions of higher
6 education financed wholly or in part from State appropriations.
7 The master plan shall:
8 (1) define the role of each type of institution (State-owned
9 universities, State-related universities, community colleges,
10 private colleges and universities and off-campus centers of any
11 of these and other institutions authorized to grant degrees) in
12 this Commonwealth;
13 (2) recommend enrollment levels for each such institution;
14 (3) recommend methods for governance;
15 (4) recommend methods for the distribution of State funds
16 among the institutions;
17 (5) evaluate the status of physical plants and technical
18 equipment and project needs;
19 (6) evaluate the status of and projection of manpower needs;
20 (7) evaluate enrollment accessibility to institutions of
21 higher learning by the public; and
22 (8) otherwise provide for an orderly development of
23 institutions of higher education in this Commonwealth.
24 (i) Every five (5) years, the board shall adopt a master
25 plan for basic education which shall be for the guidance of the
26 Governor, the General Assembly, and all public school entities.
27 The master plan shall consider and make recommendations on the
28 following areas, and any other areas which the board deems
29 appropriate:
30 (1) school program approval, evaluation and requirements;
19870H1735B2916 - 10 -
1 (2) school personnel training and certification;
2 (3) student testing and assessment;
3 (4) school governance and organization;
4 (5) curriculum materials development;
5 (6) school finance;
6 (7) school buildings and facilities;
7 (8) transportation;
8 (9) technical services and support services to local
9 education agencies; and
10 (10) projected long-range needs of the public school system
11 of this Commonwealth.
12 (j) The board shall request from and receive publicly at a
13 scheduled meeting recommendations of the Professional Standards
14 and Practices Commission pertaining to teacher certification,
15 professional practices, accreditation of teacher-education
16 programs and long-range plans affecting these subject areas.
17 When such recommendations are received, the board shall consider
18 and review these recommendations during the development of any
19 statements of policy, guidelines, standards or rules and
20 regulations as they relate to the above subject areas. If such
21 recommendations are not received in a timely fashion, the board
22 may continue to develop and adopt statements of policy,
23 guidelines, standards or rules and regulations in these subject
24 areas.
25 (k) The board shall make all reasonable rules and
26 regulations necessary to effectuate the purposes of this article
27 and carry out all duties placed upon it by law.
28 Section 2604-B. Powers and Duties of Council of Basic
29 Education and Council of Higher Education.--(a) The board shall
30 engage in a constant review and appraisal of education in this
19870H1735B2916 - 11 -
1 Commonwealth. The board's evaluation shall take into account
2 such matters as educational objectives, alternative
3 organizational patterns, alternative programs of study, and the
4 operating efficiency of the educational system. The chairman of
5 the board shall refer all studies and investigations to one of
6 its councils as hereinafter provided, and shall receive and
7 place on the board's agenda the findings and recommendations of
8 the councils for appropriate action by the board.
9 (b) The Council of Basic Education shall have the power, and
10 its duty shall be to:
11 (1) develop a master plan for basic education in this
12 Commonwealth, as provided by law, for adoption by the board;
13 (2) investigate programs, conduct research studies and
14 formulate policy proposals in all educational areas not within
15 the purview of higher education including, but not limited to:
16 (i) the creation, merger, consolidation and reorganization
17 of school districts, the establishment of joint schools, area
18 vocational-technical schools and such other administrative
19 organizations as may be provided by law;
20 (ii) the operation of small high schools, one-room schools,
21 summer schools, extension education programs and such other
22 special schools as may be provided by law;
23 (iii) the location, design, safety, health and educational
24 features of public school buildings and equipment;
25 (iv) the transportation of public school pupils, vehicle
26 characteristics and driver qualifications;
27 (v) admission, attendance, graduation and other separation
28 requirements;
29 (vi) the education and training of exceptional children;
30 (vii) the subjects to be taught and the activities to be
19870H1735B2916 - 12 -
1 conducted in elementary, secondary, adult education and other
2 schools; and
3 (viii) the qualifications for employment of professional
4 personnel in the public schools.
5 (3) encourage and promote such agricultural, industrial,
6 vocational and technical education programs as the needs of this
7 Commonwealth may, from time to time, require; and
8 (4) investigate and, if deemed appropriate, make
9 recommendations pertaining to the work of any schools of design,
10 schools of industrial arts or industrial schools to which the
11 General Assembly may make an appropriation.
12 (c) The Council of Higher Education shall have the power and
13 its duty shall be to:
14 (1) develop a master plan for higher education in this
15 Commonwealth, including a system of community colleges as
16 provided by law, for adoption by the board;
17 (2) develop standards for the approval of colleges and
18 universities for the granting of certificates and degrees;
19 (3) develop standards for all higher education building
20 projects involving the use of State funds or the funds of any
21 Commonwealth instrumentality; and
22 (4) investigate programs, conduct research studies and
23 formulate policy proposals in all areas pertaining to higher
24 education in this Commonwealth, including a system of community
25 colleges and technical institutes as provided by law.
26 Section 2605-B. Reports and Recommendations.--(a) Annually
27 in January, the board shall submit a comprehensive report of its
28 activities to the Governor and the General Assembly together
29 with its recommendations for improvements in education in this
30 Commonwealth. The board's report shall include a statement
19870H1735B2916 - 13 -
1 outlining the expected benefits and projected costs of any
2 recommended course of action. The report shall also include
3 information regarding the ongoing review of the Master Plan for
4 Higher Education and the Master Plan for Basic Education and
5 list any projected changes.
6 (b) As it deems appropriate and necessary, the board may
7 make reports and requests to the General Assembly on such issues
8 as, pending legislation, proposed legislation, educational
9 policy, and any other programs or issues of which the board
10 believes the General Assembly should be aware.
11 Section 2606-B. Cooperation Between the Board and the
12 Department of Education.--Statements of policy, standards, rules
13 and regulations promulgated by the board shall be binding upon
14 the Department of Education. The department shall submit to the
15 board for approval, modification or rejection, all rules and
16 regulations proposed by the department in the areas under the
17 control of the board. The Department of Education shall furnish
18 upon request of the board such data and information as the board
19 may, from time to time, require, and the department shall
20 provide administrative services for and on behalf of the board
21 for the implementation of the board's statements of policy,
22 standards, rules and regulations.
23 Section 5 6. This act, with respect to the State Board of <--
24 Education, shall constitute the legislation required to
25 reestablish an agency pursuant to the act of December 22, 1981
26 (P.L.508, No.142), known as the Sunset Act.
27 Section 6 7. The presently confirmed members of the State <--
28 Board of Education constituted under section 408.1 of the act of
29 April 9, 1929 (P.L.177, No.175), known as The Administrative
30 Code of 1929, as of the effective date of this act, shall
19870H1735B2916 - 14 -
1 continue to serve as board members until their present terms of
2 office expire.
3 Section 7 8. Each rule and regulation of the board in effect <--
4 on the effective date of this act shall remain in effect after
5 such date until repealed or amended by the board.
6 Section 8 9. Sections 408.1, 1317, 1318, 1319 and 1320 of <--
7 the act of April 9, 1929 (P.L.177, No.175), known as The
8 Administrative Code of 1929, are repealed.
9 Section 9 10. This act shall take effect January 1, 1988, or <--
10 immediately, whichever is later.
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