PRINTER'S NO. 4153
No. 2870 Session of 1990
INTRODUCED BY PESCI AND BILLOW, OCTOBER 1, 1990
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 1, 1990
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," further providing for public hearings
6 and referendums in certain school districts.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 701.1 of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949, added
11 June 27, 1973 (P.L.75, No.34), is amended to read:
12 Section 701.1. [Referendum or Public Hearing] Public Hearing
13 and Referendum Required Prior to Construction or Lease.--Except
14 where the approval of the electors is obtained to incur
15 indebtedness to finance the construction of a school project,
16 the board of school directors of any school district of the
17 second, third or fourth classes, shall not construct, enter into
18 a contract to construct or enter into a contract to lease a new
19 school building or substantial addition to an existing school
1 building [without the consent of the electors obtained by
2 referendum or] without holding a public hearing as hereinafter
3 provided and without the consent of electors obtained by
4 referendum. In the event that a new school building or a
5 substantial addition to an existing building is to be
6 constructed or leased, the school board shall, by a majority
7 vote of all its members, authorize a maximum project cost and a
8 maximum building construction cost to be financed by the
9 district or amortized by lease rentals to be paid by the
10 district. Building construction cost shall consist of the cost
11 of all building construction including general construction
12 costs, plumbing, heating, electrical, ventilating and other
13 structural costs, equipment and fixtures and architectural and
14 engineering fees relating thereto, but not including costs for
15 site acquisition and development, rough grading to receive the
16 building, sewage treatment facilities or equivalent capital
17 contributions, and architectural and engineering fees relating
18 thereto. In all cases, a public hearing shall be held not later
19 than thirty (30) days before the school district submits the
20 initial building construction cost estimates to the Department
21 of Education for approval. Notice of the hearing shall be given
22 not later than twenty (20) days before the date of the scheduled
23 hearing. In the event that the maximum building construction
24 cost authorization exceeds the aggregate building expenditure
25 standard hereinafter specified, the aforesaid authorization of
26 the school board shall be submitted to the electors of the
27 school district for their approval within six (6) months prior
28 to submission of the final building construction cost bids to
29 the Department of Education for approval. Such referendum shall
30 be held in the same manner as provided by law for the approval
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1 of the incurring of indebtedness by referendum. The question as
2 submitted shall specify the maximum project cost, the maximum
3 building construction cost and the annual sinking fund charge or
4 lease rental to be incurred by the school district and the
5 portion of such charge or rental expected to be reimbursed by
6 the Commonwealth. If the final building construction cost bids
7 to be submitted to the Department of Education for approval are
8 less than the aggregate building expenditure standard hereafter
9 specified but exceed by [eight (8)] five (5) per cent or more
10 the initial building construction cost estimates submitted to
11 the Department for approval, a second public hearing shall be
12 held before the Department shall give its final approval.
13 The applicable aggregate building expenditure standard shall
14 be a total amount calculated for each building or substantial
15 addition by multiplying the rated pupil capacity under the
16 approved room schedule by the following: two thousand eight
17 hundred dollars ($2,800) for each pupil of rated elementary
18 capacity; four thousand two hundred dollars ($4,200) for each
19 pupil of rated secondary capacity in grades seven, eight and
20 nine and five thousand two hundred dollars ($5,200) for each
21 pupil of rated secondary capacity in grades ten, eleven and
22 twelve and five thousand two hundred dollars ($5,200) for each
23 pupil of rated vocational-technical capacity in grades ten,
24 eleven and twelve to not include the cost of equipment and
25 fixtures in such vocational-technical schools: Provided,
26 however, That each of the preceding per pupil amounts shall be
27 adjusted by the Department of Education on July 1, 1974; and
28 annually thereafter by multiplying said amounts by the ratio of
29 the composite construction cost index compiled and published by
30 the United States Department of Commerce for the preceding
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1 calendar year to such index for the next preceding calendar
2 year. Rated elementary pupil capacity or rated secondary pupil
3 capacity for any school building shall be the rated pupil
4 capacity determined on the basis of the method used by the
5 Department for school building reimbursement purposes during the
6 school year 1971-1972.
7 For purposes of this section:
8 (1) "Site acquisition" includes the cost of land and mineral
9 rights, demolition and clearing, rights-of-way and related
10 utility relocations, surveys and soils analysis, and the cost of
11 all fees relating thereto.
12 (2) "Site development" includes excavation, grouting or
13 shoring, special foundations for buildings, access roads to
14 site, utilities on site, extension of utilities to site.
15 (3) "Equipment and fixtures" means property fixed or movable
16 which is incidental and necessary to conduct the educational
17 program, and includes, but is not limited to movable equipment
18 such as desks, chairs, tables, portable physical education
19 equipment, audio-visual equipment and science, homemaking,
20 industrial art and business equipment and instructional
21 materials and fixtures such as casework, laboratory equipment,
22 kitchen equipment, auditorium seating and any other special
23 fixtures or equipment required to conduct a particular
24 educational program.
25 (4) "Substantial addition" means more than twenty (20) per
26 centum of the area and replacement value of the structure to
27 which the improvement is to be added.
28 Section 2. This act shall take effect in 60 days.
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