SENATE AMENDED
        PRIOR PRINTER'S NOS. 3874, 4127, 4408,        PRINTER'S NO. 4690
        4604

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2644 Session of 2002


        INTRODUCED BY SCHULER, T. ARMSTRONG, HORSEY, ROBINSON, STURLA,
           HERSHEY, DALEY, CREIGHTON, GRUCELA, CORRIGAN, ADOLPH,
           STRITTMATTER AND G. ARMSTRONG, MAY 8, 2002

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 25, 2002

                                     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 the definition
     6     of "professional employe"; providing for firefighter and
     7     emergency service training as creditable high school courses;
     8     amending and adding provisions relating to the Thaddeus
     9     Stevens State College of Technology; making a repeal; and
    10     making editorial changes.
    11  AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN  <--
    12     ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
    13     PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
    14     SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
    15     LAWS RELATING THERETO," FURTHER PROVIDING FOR THE BOARD OF     <--
    16     CONTROL FOR DISTRESSED SCHOOL DISTRICTS; AUTHORIZING BOARDS
    17     OF SCHOOL DIRECTORS TO ESTABLISH A PROGRAM TO PROVIDE HIGH
    18     SCHOOL DIPLOMAS TO CERTAIN VETERANS; RECOGNIZING AMERICAN
    19     SIGN LANGUAGE COURSES AS SATISFYING FOREIGN LANGUAGE
    20     REQUIREMENTS IMPOSED FOR HIGH SCHOOL GRADUATION; FURTHER
    21     PROVIDING FOR PENNSYLVANIA ATHLETIC OVERSIGHT COUNCIL, FOR
    22     THE TRANSPORTATION OF STUDENTS ATTENDING CHARTER SCHOOLS AND
    23     FOR THE BOARD OF CONTROL FOR CERTAIN EMPOWERMENT SCHOOL
    24     DISTRICTS; AMENDING AND ADDING PROVISIONS RELATING TO THE
    25     THADDEUS STEVENS COLLEGE OF TECHNOLOGY; FURTHER PROVIDING FOR  <--
    26     PLACEMENT OF CERTAIN ADJUDICATED STUDENTS AND FOR SCHOOL
    27     PERFORMANCE INCENTIVES; MAKING A REPEAL; AND MAKING EDITORIAL
    28     CHANGES.

    29     The General Assembly of the Commonwealth of Pennsylvania


     1  hereby enacts as follows:
     2     Section 1.  Section 1101 of the act of March 10, 1949          <--
     3  (P.L.30, No.14), known as the Public School Code of 1949,
     4  amended November 30, 1971 (P.L.546, No.144), is amended to read:
     5     Section 1101.  Definitions.--As used in this article,
     6     (1)  The term "professional employe" shall include those who
     7  are certificated as teachers, supervisors, supervising
     8  principals, principals, assistant principals, vice-principals,
     9  directors of vocational education, Junior Reserve Officer
    10  Training Corps (JROTC) instructors, dental hygienists, visiting
    11  teachers, home and school visitors, school counselors, child
    12  nutrition program specialists, school librarians, school
    13  secretaries the selection of whom is on the basis of merit as
    14  determined by eligibility lists and school nurses.
    15     (2)  The term "substitute" shall mean any individual who has
    16  been employed to perform the duties of a regular professional
    17  employe during such period of time as the regular professional
    18  employe is absent on sabbatical leave or for other legal cause
    19  authorized and approved by the board of school directors or to
    20  perform the duties of a temporary professional employe who is
    21  absent.
    22     (3)  The term "temporary professional employe" shall mean any
    23  individual who has been employed to perform, for a limited time,
    24  the duties of a newly created position or of a regular
    25  professional employe whose services have been terminated by
    26  death, resignation, suspension or removal.
    27     Section 2.  The act is amended by adding a section to read:
    28     Section 1550.  Firefighter and Emergency Service Training.--
    29  (a)  Firefighter and emergency service training may be added to
    30  high school curricula as credit-earning courses.
    20020H2644B4690                  - 2 -

     1     (b)  The courses may be made available only to students
     2  sixteen (16) years of age or older and may include:
     3     (1)  Training as a firefighter I from the National Board of
     4  Professional Qualifications.
     5     (2)  Training as an emergency medical technician by the
     6  Department of Health under the act of July 3, 1985 (P.L.164,
     7  No.45), known as the "Emergency Medical Services Act."
     8     (c)  If the school district adds firefighter and emergency
     9  service training as credit-earning courses, the school district
    10  shall provide transportation and supervision for firefighter and
    11  emergency service training that takes place off school grounds.
    12     Section 3.  Section 1926 of the act, amended October 25, 1967
    13  (P.L.491, No.237), is amended to read:
    14     Section 1926.  Schools and Classes in Institutions.--It shall
    15  be within the jurisdiction of the Department of [Public
    16  Instruction] Education to organize and to supervise schools and
    17  classes according to the regulations and standards established
    18  for the conduct of schools and classes of the public school
    19  system in the Commonwealth in all institutions wholly or partly
    20  supported by the Commonwealth which are not supervised by public
    21  school authorities, except the Thaddeus Stevens State College of
    22  Technology. Schools and classes so established in wholly state-
    23  owned institutions shall be financed by the department of the
    24  State government having jurisdiction and control of such
    25  institutions. Except as otherwise provided by law, a teacher in
    26  a school or of a class organized and supervised by the
    27  Department of [Public Instruction] Education in an institution
    28  wholly or partly supported by the Commonwealth, teachers in the
    29  Pennsylvania State Oral School for the Deaf, teachers in the
    30  Thaddeus Stevens [Trade School] State College of Technology and
    20020H2644B4690                  - 3 -

     1  teachers in the Scotland School for Veterans' Children shall
     2  enjoy the same privileges, including tenure rights and be
     3  subject to the same laws as a teacher in the public schools of
     4  the Commonwealth.
     5     Section 4.  Article XIX-B heading and sections 1901-B, 1902-
     6  B, 1903-B, 1904-B and 1906-B of the act, added December 19, 1990
     7  (P.L.1362, No.211), are amended to read:
     8                           ARTICLE XIX-B.
     9       THADDEUS STEVENS STATE [SCHOOL] COLLEGE OF TECHNOLOGY.
    10     Section 1901-B.  Short Title.--This article shall be known
    11  and may be cited as the "Thaddeus Stevens State [School] College
    12  of Technology Act."
    13     Section 1902-B.  Legislative Intent.--It is the intent of the
    14  General Assembly to provide for the continued existence,
    15  operation and administration of the Thaddeus Stevens State
    16  [School] College of Technology.
    17     Section 1903-B.  Authorization to Continue School
    18  Operations.--The institution known as the Thaddeus Stevens State
    19  [School] College of Technology, established and operated
    20  pursuant to the repealed provisions of the act of May 11, 1905
    21  (P.L.518, No.429), is hereby authorized to continue operations
    22  and to receive any State funds or aid to which it may be
    23  entitled. All lawful actions and expenditures made by said
    24  institution between October 4, 1978, and the effective date of
    25  this act are hereby ratified and approved by the General
    26  Assembly. Appropriations for the operation of the institution
    27  shall be considered ordinary expenses of government, requiring
    28  only a majority vote of each house of the General Assembly.
    29     Section 1904-B.  School Purposes.--(a)  The Thaddeus Stevens
    30  State [School] College of Technology, located in Lancaster,
    20020H2644B4690                  - 4 -

     1  Pennsylvania, shall continue to provide for the postsecondary
     2  education and training of indigent orphans.
     3     (b)  If a sufficient number of indigent orphans qualified for
     4  admission pursuant to school standards fail to apply, then the
     5  board of trustees of this corporation may admit first other
     6  deserving persons and, thereafter, orphans who may not be
     7  indigent, as the trustees in their best judgment may think
     8  proper.
     9     (c)  Those shall be deemed orphans who have lost either
    10  parent.
    11     Section 1906-B.  Board of Trustees.--The board of trustees
    12  shall consist of nine members, who shall serve without
    13  compensation and be appointed by the Governor by and with the
    14  advice and consent of the Senate. Said trustees shall be a body
    15  politic or corporate of the name of the Thaddeus Stevens State
    16  [School] College of Technology. [They shall, under section 1311
    17  of the act of April 9, 1929 (P.L.177, No.175), known as "The
    18  Administrative Code of 1929," have general direction and control
    19  of the property and management of the institution, develop broad
    20  institutional policy and make all necessary bylaws and
    21  regulations, not inconsistent with either the provisions of the
    22  Constitution, laws of the Commonwealth or rules and regulations
    23  of the State Board of Education.] Of the trustees first
    24  appointed, three shall serve for one year, three for two years
    25  and three for three years, and, at the expiration of the
    26  respective periods, the vacancies shall be filled by the
    27  Governor, by appointment, for [three] six years, as hereinbefore
    28  provided; and, should any vacancy occur by death or resignation
    29  or otherwise of any trustee, such vacancy shall be filled, by
    30  appointment as aforesaid, for the unexpired term of said
    20020H2644B4690                  - 5 -

     1  trustee. The Secretary of Education shall be ex officio member
     2  of the board of trustees.
     3     Section 5.  The act is amended by adding a section to read:
     4     Section 1906.1-B.  Powers and Duties of the Board of
     5  Trustees.--(a)  The board of trustees shall direct and control
     6  the property, personnel, including contract negotiation, and
     7  management of the institution, develop broad institutional
     8  policy and make all necessary bylaws and regulations, not
     9  inconsistent with either the provisions of the Constitution,
    10  laws of the Commonwealth or rules and regulations of the State
    11  Board of Education.
    12     (b)  The board of trustees shall elect a president, set his
    13  salary and delineate his duties and responsibilities.
    14     (c)  The board of trustees shall coordinate, review and
    15  approve the annual capital budget requirements of the
    16  institution and the annual operating budget of the institution.
    17  It shall present these annual budgets with comments to the
    18  Secretary of Education for presentation to the State Board of
    19  Education. The State Board of Education shall return such budget
    20  requests, recommending approval or disapproval, with comments,
    21  if any, to the Secretary of Education prior to their submission
    22  to the Secretary of the Budget. The board of trustees may also
    23  submit its budget recommendations and findings to the General
    24  Assembly subsequent to the submission of the Governor's budget
    25  to the General Assembly. For the purposes of administration, the
    26  institution shall be subject to Article VI of the act of April
    27  9, 1929 (P.L.177, No.175), known as "The Administrative Code of
    28  1929," except for section 615.
    29     (d)  The board of trustees shall have the authority to cause
    30  an independent audit of the institution finances.
    20020H2644B4690                  - 6 -

     1     (e)  Nothing contained herein shall in any manner change or
     2  affect the status of the Commonwealth as employer of the faculty
     3  and staff at Thaddeus Stevens State College of Technology.
     4     Section 6.  Sections 1907-B, 1909-B, 1910-B, 1911-B, 1912-B
     5  and 1913-B of the act, added December 19, 1990 (P.L.1362,
     6  No.211), are amended to read:
     7     Section 1907-B.  President of School.--The chief
     8  administrator and academic officer of the Thaddeus Stevens State
     9  [School] College of Technology shall be the president whose
    10  duties shall be defined by the board of trustees [and approved
    11  by the Secretary of Education].
    12     Section 1909-B.  Tuition Students.--In addition to State-
    13  supported resident students as defined in section 1904-B, the
    14  board of trustees may admit for study at the school part-time or
    15  full-time tuition students and shall fix and charge tuition
    16  rates [as approved by the Secretary of Education] for such
    17  students. All money collected as tuition by the institution
    18  shall be [paid into the General Fund and credited to the
    19  appropriations made to the institution.] deposited into an
    20  account held by the institution and expended at the discretion
    21  of a majority of the board of trustees.
    22     Section 1910-B.  Rights of Faculty and Staff.--(a)  Except as
    23  otherwise provided by law, faculty employed in the Thaddeus
    24  Stevens State [School] College of Technology shall continue to
    25  enjoy the same rights and privileges as provided on June 30,
    26  1990. Nothing contained herein shall supersede or preempt any
    27  provisions of a collective bargaining agreement negotiated
    28  between the Commonwealth and an exclusive representative of the
    29  employes in accordance with the act of July 23, 1970 (P.L.563,
    30  No.195), known as the "Public Employe Relations Act." New
    20020H2644B4690                  - 7 -

     1  collective bargaining agreements with professional and
     2  noninstructional faculty and staff shall be negotiated jointly
     3  by the Commonwealth and the board of trustees. In no event shall
     4  the faculty be considered to be in the classified service, as
     5  defined by the act of August 5, 1941 (P.L.752, No.286), known as
     6  the "Civil Service Act."
     7     (b)  All staff hired by the Thaddeus Stevens State College of
     8  Technology after the effective date of this subsection shall be
     9  excluded from classified service, as defined by the "Civil
    10  Service Act."
    11     (c)  Nothing contained herein shall in any manner change or
    12  affect the status of:
    13     (i)  the faculty and staff of the Thaddeus Stevens State
    14  College of Technology as employes of the Commonwealth,
    15  including, but not limited to, all benefits received as
    16  Commonwealth employes, including retirement benefits provided
    17  for under 24 Pa.C.S. Pt. IV (relating to retirement for school
    18  employees) or 24 Pa.C.S. § 8301 (relating to mandatory and
    19  optional membership) or 71 Pa.C.S. Pt. XXV (relating to
    20  retirement for State employees and officers) or 71 Pa.C.S. §
    21  5301 (relating to mandatory and optional membership); or
    22     (ii)  the exclusive bargaining representatives, which are
    23  representing faculty or staff, pursuant to the provisions of the
    24  act of July 23, 1970 (P.L.563, No.195), known as the "Public
    25  Employe Relations Act."
    26     Section 1911-B.  Visitation Privileges.--The Governor,
    27  Secretary of Education, judges of the several courts of the
    28  Commonwealth and Senators and Representatives of the General
    29  Assembly shall be ex officio visitors of said institution, and
    30  it shall be subject to inspection by the Department of
    20020H2644B4690                  - 8 -

     1  Education[, and an annual report of the conduct and management
     2  of the school shall be made by the President of the Thaddeus
     3  Stevens State School of Technology to the General Assembly and
     4  the Secretary of Education].
     5     Section 1912-B.  Prior References.--Whenever, in any law,
     6  reference is made to the Thaddeus Stevens Industrial and Reform
     7  School of Pennsylvania [or], the Thaddeus Stevens Trade School
     8  or the Thaddeus Stevens State School of Technology, it shall be
     9  deemed to refer to and include the Thaddeus Stevens State
    10  [School] College of Technology.
    11     Section 1913-B.  Acquisition and Disposition of Property.--
    12  The board of trustees of Thaddeus Stevens State [School] College
    13  of Technology shall have the authority to acquire and retain any
    14  property, real, personal or mixed, tangible or intangible,
    15  necessary or desirable for carrying out the purposes of the
    16  school, and to sell, transfer and dispose of any property, real,
    17  personal or mixed, tangible or intangible, or any interest
    18  therein at any time acquired by it and to take, demand, receive
    19  and possess all moneys, real property and goods which shall be
    20  appropriated, given or granted to and for the use of the school
    21  and to apply the same according to the will of the donors; and,
    22  by gift, purchase or devise, to receive, possess, enjoy and
    23  retain forever any and all real and personal estate and funds,
    24  of whatsoever kind, nature or quality the same may be, in
    25  special trust and confidence that the same, and the profits
    26  thereof, shall be applied to and for the use and purpose of
    27  endowing the school, and shall have power to receive donations
    28  from any source whatever, to be exclusively devoted to the
    29  purposes of the school or according to the terms of donation.
    30     Section 7.  The act is amended by adding sections to read:
    20020H2644B4690                  - 9 -

     1     Section 1914-B.  Purchasing.--For purposes of 62 Pa.C.S.
     2  (relating to procurement), the Thaddeus Stevens State College of
     3  Technology shall be considered a "State-affiliated entity" as
     4  defined by 62 Pa.C.S. § 101 (relating to definitions).
     5     Section 1915-B.  Audit and Financial Reports.--The activities
     6  of said institution shall be subject to the audit of the
     7  Department of the Auditor General, but it shall not be required
     8  to pay a fee for any such audit. The president of the
     9  institution shall be required to make an annual report to the
    10  Governor, the Appropriations Committee and Education Committee
    11  of the Senate and the Appropriations Committee and Education
    12  Committee of the House of Representatives and the State Board of
    13  Education showing the financial condition of the institution at
    14  the end of the Commonwealth's fiscal year.
    15     Section 1916-B.  Annual Report.--The board of trustees shall
    16  be required to submit a report to the Governor, the
    17  Appropriations Committee and Education Committee of the Senate
    18  and the Appropriations Committee and Education Committee of the
    19  House of Representatives and the State Board of Education no
    20  later than September 1, which shall cover the twelve-month
    21  period beginning with the summer term of the preceding year and
    22  shall include:
    23     (1)  The definitions and number of faculty members and staff
    24  employed full time, the number of faculty members and staff
    25  employed part time, the number of full-time students enrolled
    26  and the number of part-time students enrolled.
    27     (2)  The total number of credit hours taught and the minimum
    28  number of credit hours required for graduation.
    29     (3)  The degrees and programs offered by the institution.
    30     (4)  The total number of graduates and the total number of
    20020H2644B4690                 - 10 -

     1  graduates by degree or program.
     2     (5)  The number of terms scheduled and dates thereof.
     3     Section 8.  The provisions of section 1311 of the act of
     4  April 9, 1929 (P.L.177, No.175), known as The Administrative
     5  Code of 1929, are repealed as to the Thaddeus Stevens State
     6  College of Technology.
     7     Section 9.  This act shall take effect in 180 days.
     8     SECTION 1.  ARTICLE XIX-B HEADING AND SECTIONS 1901-B, 1902-B  <--
     9  AND 1903-B OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN
    10  AS THE PUBLIC SCHOOL CODE OF 1949, ADDED DECEMBER 19, 1990
    11  (P.L.1362, NO.211), ARE AMENDED TO READ:
    12     SECTION 1.  SECTION 692 OF THE ACT OF MARCH 10, 1949 (P.L.30,  <--
    13  NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, AMENDED JANUARY
    14  14, 1970 (1969 P.L.468, NO.192), IS AMENDED TO READ:
    15     SECTION 692.  SPECIAL BOARD OF CONTROL; PETITION;
    16  APPOINTMENTS.--WHENEVER ON THE BASIS OF A PROPER INVESTIGATION
    17  AS HEREIN PROVIDED FOR, THE [SUPERINTENDENT OF PUBLIC
    18  INSTRUCTION] SECRETARY OF EDUCATION HAS DECLARED [ANY] A SCHOOL
    19  DISTRICT OF THE FIRST CLASS A, SECOND CLASS, THIRD CLASS OR
    20  FOURTH CLASS TO BE A DISTRESSED SCHOOL DISTRICT UNDER SECTION
    21  691(A), HE OR HIS DESIGNATED REPRESENTATIVE WHO SHALL BE A
    22  PERSON TRAINED IN PUBLIC SCHOOL ADMINISTRATION, POSSESSING THE
    23  CERTIFICATION PREREQUISITES DEMANDED OF A DISTRICT OR ASSISTANT
    24  SUPERINTENDENT, OR HOLDING IN THE DEPARTMENT OF [PUBLIC
    25  INSTRUCTION] EDUCATION THE RANK OF DEPUTY [SUPERINTENDENT]
    26  SECRETARY, SHALL PETITION THE COURT OF COMMON PLEAS OF THE
    27  COUNTY IN WHICH SUCH DISTRICT, OR THE LARGEST PART IN AREA, IS
    28  LOCATED TO APPOINT TWO CITIZENS WHO SHALL BE QUALIFIED ELECTORS
    29  AND TAXPAYERS IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS
    30  LOCATED. SCHOOL DIRECTORS AND EMPLOYES OF ANY SUCH SCHOOL
    20020H2644B4690                 - 11 -

     1  DISTRICT SHALL BE INELIGIBLE FOR APPOINTMENT BY THE COURT. THE
     2  APPOINTEES, TOGETHER WITH THE [SUPERINTENDENT OF PUBLIC
     3  INSTRUCTION OR HIS] DESIGNATED REPRESENTATIVE OF THE SECRETARY
     4  OF EDUCATION, SHALL CONSTITUTE A SPECIAL BOARD OF CONTROL[.] AND
     5  SHALL SERVE FOR TERMS OF FIVE YEARS. NO MEMBER OF THE BOARD MAY
     6  BE REMOVED FROM OFFICE DURING A TERM, EXCEPT THAT THE SECRETARY
     7  OF EDUCATION MAY, UPON CLEAR AND CONVINCING EVIDENCE OF
     8  MALFEASANCE OR MISFEASANCE IN OFFICE, REMOVE A MEMBER PRIOR TO
     9  THE EXPIRATION OF THE TERM. BEFORE A MEMBER OF THE BOARD IS
    10  REMOVED, THAT MEMBER MUST BE PROVIDED WITH A WRITTEN STATEMENT
    11  OF THE REASONS FOR REMOVAL AND AN OPPORTUNITY FOR A HEARING IN
    12  ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE
    13  AND PROCEDURE OF COMMONWEALTH AGENCIES) AND CH. 7 SUBCH. A
    14  (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
    15  VACANCIES OCCURRING BECAUSE OF DEATH, REMOVAL OR RESIGNATION OF
    16  [APPOINTED] MEMBERS OF THE BOARD SHALL BE FILLED [BY THE COURT.]
    17  WITHIN THIRTY (30) DAYS OF THE CREATION OF THE VACANCY IN THE
    18  MANNER IN WHICH THAT POSITION WAS ORIGINALLY FILLED. A MEMBER OF
    19  THE BOARD SHALL HOLD OFFICE UNTIL A SUCCESSOR IS APPOINTED AND
    20  QUALIFIED. THE SPECIAL BOARD OF CONTROL SHALL ASSUME CONTROL OF
    21  THE AFFAIRS OF THE DISTRICT AND OPERATE IT IN THE PLACE OF THE
    22  SCHOOL DIRECTORS DURING THE PERIOD NECESSARY TO REESTABLISH A
    23  SOUND FINANCIAL STRUCTURE IN THE DISTRICT. THE COSTS OF THE
    24  COURT PROCEEDINGS SHALL BE PAID BY THE DEPARTMENT OF [PUBLIC
    25  INSTRUCTION] EDUCATION.
    26     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    27     SECTION 1524.  RECOGNITION OF AMERICAN SIGN LANGUAGE
    28  COURSES.--(A)  A STUDENT SHALL RECEIVE CREDIT FOR COMPLETION OF
    29  A COURSE IN AMERICAN SIGN LANGUAGE AT THE HIGH SCHOOL LEVEL
    30  TOWARD THE SATISFACTION OF THE FOREIGN LANGUAGE REQUIREMENTS
    20020H2644B4690                 - 12 -

     1  INCLUDED IN A SCHOOL DISTRICT'S STRATEGIC PLAN OR REQUIREMENTS
     2  FOR GRADUATION ESTABLISHED PURSUANT TO 22 PA. CODE CH. 4
     3  (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT).
     4     (B)  THE TEACHING OF AMERICAN SIGN LANGUAGE AS A LANGUAGE
     5  ALTERNATIVE IN THE PUBLIC SCHOOLS OF THIS COMMONWEALTH SHALL BE
     6  PROVIDED BY A PROPERLY CERTIFICATED PERSON AS REQUIRED BY
     7  ARTICLE XII.
     8     (C)  A PROPERLY CERTIFICATED PERSON SHALL HOLD A CERTIFICATE
     9  TO TEACH ACCORDING TO SECTION 1201 AND PROVIDE PROOF OF THE
    10  SUCCESSFUL COMPLETION OF A DEPARTMENT OF EDUCATION-APPROVED
    11  PROGRAM IN AMERICAN SIGN LANGUAGE.
    12     (D)  FOR PURPOSES OF THIS SECTION, "AMERICAN SIGN LANGUAGE"
    13  MEANS THE COMPLETE AND AUTONOMOUS HUMAN LANGUAGE WITH ITS OWN
    14  UNIQUE GRAMMAR FREQUENTLY USED AS A FORM OF COMMUNICATION BY THE
    15  HEARING-IMPAIRED COMMUNITIES.
    16     SECTION 3.  SECTION 1611 OF THE ACT IS AMENDED BY ADDING A
    17  SUBSECTION TO READ:
    18     SECTION 1611.  ACADEMIC DEGREES.--* * *
    19     (C)  A BOARD OF SCHOOL DIRECTORS MAY ESTABLISH A PROGRAM TO
    20  BE KNOWN AS "OPERATION RECOGNITION" WHICH PROVIDES FOR GRANTING
    21  A HIGH SCHOOL DIPLOMA TO ANY HONORABLY DISCHARGED VETERAN WHO
    22  SERVED IN THE UNITED STATES MILITARY IN THE KOREAN WAR BETWEEN
    23  THE TWENTY-SEVENTH DAY OF JUNE, ONE THOUSAND NINE HUNDRED FIFTY,
    24  AND THE THIRTY-FIRST DAY OF JANUARY, ONE THOUSAND NINE HUNDRED
    25  FIFTY-FIVE, WHO ATTENDED HIGH SCHOOL BETWEEN ONE THOUSAND NINE
    26  HUNDRED FORTY-SEVEN AND ONE THOUSAND NINE HUNDRED FIFTY-FIVE AND
    27  WHO WOULD HAVE BEEN A MEMBER OF A GRADUATION CLASS DURING THE
    28  YEARS ONE THOUSAND NINE HUNDRED FIFTY-ONE THROUGH ONE THOUSAND
    29  NINE HUNDRED FIFTY-SEVEN BUT DID NOT GRADUATE FROM HIGH SCHOOL
    30  DUE TO ENTRY INTO MILITARY SERVICE. A BOARD OF SCHOOL DIRECTORS
    20020H2644B4690                 - 13 -

     1  MAY AWARD A DIPLOMA POSTHUMOUSLY TO AN ELIGIBLE VETERAN. AN
     2  APPLICATION FOR A DIPLOMA UNDER THIS SUBSECTION MUST BE MADE IN
     3  THE MANNER PRESCRIBED BY THE BOARD OF SCHOOL DIRECTORS.
     4     SECTION 4.  SECTIONS 1603-A(F) AND 1726-A, AMENDED OR ADDED
     5  NOVEMBER 22, 2000 (P.L.672, NO.91), ARE AMENDED TO READ:
     6     SECTION 1603-A.  PENNSYLVANIA ATHLETIC OVERSIGHT COUNCIL.--*
     7  * *
     8     (F)  THE DUTIES AND RESPONSIBILITIES OF THE COUNCIL SHALL BE
     9  AS FOLLOWS:
    10     (1)  TO MEET NO LESS THAN FOUR TIMES A YEAR AT THE CALL OF
    11  THE CHAIR. ALL SUCH MEETINGS SHALL BE CONDUCTED IN ACCORDANCE
    12  WITH THE REQUIREMENTS OF 65 PA.C.S. CH. 7 (RELATING TO OPEN
    13  MEETINGS).
    14     (2)  TO MAKE RECOMMENDATIONS CONCERNING CHANGES TO THE
    15  ADMINISTRATION OF INTERSCHOLASTIC ATHLETICS TO THE ASSOCIATION.
    16  THE COUNCIL SHALL MAKE RECOMMENDATIONS ON ISSUES, INCLUDING, BUT
    17  NOT LIMITED TO:
    18     (I)  APPEALS.
    19     (II)  ATHLETIC ELIGIBILITY.
    20     (III)  TRANSFERS OF STUDENTS.
    21     (IV)  EXPANSION OF PIAA SANCTIONED ATHLETIC COMPETITIONS OR
    22  SPORTS, INCLUDING THE ADDITION OF OTHER ATHLETIC ASSOCIATIONS
    23  INTO PIAA SPONSORED CHAMPIONSHIPS.
    24     (3)  TO REVIEW AND MONITOR THE EFFORTS OF THE ASSOCIATION TO
    25  MEET THE CRITERIA LISTED IN SECTION 1604-A(A) AND (B).
    26     (4)  TO HOLD PUBLIC HEARINGS, SUBJECT TO THE REQUIREMENTS OF
    27  65 PA.C.S. CH. 7, ON ANY ISSUE CONCERNING INTERSCHOLASTIC
    28  ATHLETICS. THESE ISSUES SHALL INCLUDE, BUT NOT BE LIMITED TO:
    29     (I)  APPEALS.
    30     (II)  ATHLETIC ELIGIBILITY.
    20020H2644B4690                 - 14 -

     1     (III)  TRANSFERS OF STUDENTS.
     2     (IV)  EXPANSION OF PIAA SANCTIONED ATHLETIC COMPETITIONS OR
     3  SPORTS, INCLUDING THE ADDITION OF OTHER ATHLETIC ASSOCIATIONS
     4  INTO PIAA SPONSORED CHAMPIONSHIPS.
     5     (5)  TO HAVE ACCESS TO ALL BOOKS, PAPERS, DOCUMENTS AND
     6  RECORDS OF THE ASSOCIATION IN ORDER TO COMPLETE THE ANNUAL
     7  REPORT REQUIRED UNDER CLAUSE (6).
     8     (6)  TO ISSUE AN ANNUAL REPORT TO THE CHAIRMAN AND MINORITY
     9  CHAIRMAN OF THE EDUCATION COMMITTEE OF THE SENATE, THE CHAIRMAN
    10  AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE HOUSE OF
    11  REPRESENTATIVES AND THE PRESIDENT OF THE ASSOCIATION
    12  SUMMARIZING:
    13     (I)  THE COUNCIL'S MEETINGS, PUBLIC HEARINGS AND OTHER ACTION
    14  TAKEN BY THE COUNCIL.
    15     (II)  THE RECOMMENDATIONS OF THE COUNCIL MADE DURING THE YEAR
    16  AND THE ASSOCIATION'S RESPONSE TO EACH RECOMMENDATION.
    17     (III)  THE EFFORTS OF THE ASSOCIATION TO MEET THE CRITERIA
    18  LISTED IN SECTION 1604-A(A) AND (B).
    19     (7)  TO ISSUE A FINAL REPORT [TWO (2)] THREE (3) YEARS AFTER
    20  THE GOVERNOR HAS MADE THE FINAL APPOINTMENTS TO THE COUNCIL TO
    21  THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF
    22  THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
    23  EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
    24  PRESIDENT OF THE ASSOCIATION SUMMARIZING ALL OF THE COUNCIL'S
    25  ACTIONS AND RECOMMENDATIONS OVER THE PREVIOUS [TWO (2)] THREE
    26  (3) YEARS [AND], THE ASSOCIATION'S RESPONSE TO EACH AND THE
    27  FINAL DETERMINATION OF THE COUNCIL UNDER SUBSECTION (G).
    28     (8)  TO ELECT A CHAIRMAN AND A VICE CHAIRMAN.
    29     (9)  TO, AT THE COUNCIL'S DISCRETION, REQUEST THE COMMITTEE
    30  TO PERFORM AN AUDIT ON ANY PHASE OF THE ASSOCIATION'S COMPLIANCE
    20020H2644B4690                 - 15 -

     1  WITH THE CRITERIA LISTED IN SECTION 1604-A(A) OR (B), AS
     2  NECESSARY FOR THE PURPOSES OF COMPLETING ITS ANNUAL OR FINAL
     3  REPORT.
     4     * * *
     5     SECTION 1726-A.  TRANSPORTATION.--(A)  STUDENTS WHO [RESIDE
     6  IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR
     7  WHO ARE RESIDENTS OF A SCHOOL DISTRICT WHICH IS PART OF A
     8  REGIONAL CHARTER SCHOOL SHALL BE PROVIDED TRANSPORTATION TO THE
     9  CHARTER SCHOOL ON THE SAME TERMS AND CONDITIONS AS
    10  TRANSPORTATION IS PROVIDED TO STUDENTS ATTENDING THE SCHOOLS OF
    11  THE DISTRICT.] ATTEND A CHARTER SCHOOL LOCATED IN THEIR SCHOOL
    12  DISTRICT OF RESIDENCE, A REGIONAL CHARTER SCHOOL OF WHICH THE
    13  SCHOOL DISTRICT IS A PART OR A CHARTER SCHOOL LOCATED OUTSIDE
    14  DISTRICT BOUNDARIES AT A DISTANCE NOT EXCEEDING TEN (10) MILES
    15  BY THE NEAREST PUBLIC HIGHWAY SHALL BE PROVIDED FREE
    16  TRANSPORTATION TO THE CHARTER SCHOOL BY THEIR SCHOOL DISTRICT OF
    17  RESIDENCE. SCHOOL DISTRICTS OF THE FIRST CLASS SHALL ALSO
    18  PROVIDE TRANSPORTATION TO THE STUDENTS IF THEY ARE THE SAME AGE
    19  OR ARE ENROLLED IN THE SAME GRADE, GRADES OR THEIR GRADE
    20  EQUIVALENTS AS ANY STUDENTS OF THE DISTRICT FOR WHOM
    21  TRANSPORTATION IS PROVIDED UNDER ANY PROGRAM OR POLICY TO THE
    22  SCHOOLS OF THE DISTRICT. [SUCH] NOTWITHSTANDING ANY PROVISION OF
    23  LAW TO THE CONTRARY, TRANSPORTATION SHALL BE PROVIDED TO CHARTER
    24  SCHOOL STUDENTS [EACH SCHOOL DAY] BY THEIR SCHOOL DISTRICT OF
    25  RESIDENCE ON SUCH DATES AND PERIODS THAT THE CHARTER SCHOOL IS
    26  IN REGULAR SESSION WHETHER OR NOT TRANSPORTATION IS PROVIDED
    27  [DURING THE SAME SCHOOL DAY] ON SUCH DATES AND PERIODS TO
    28  STUDENTS ATTENDING SCHOOLS OF THE DISTRICT. [NONRESIDENT
    29  STUDENTS SHALL BE PROVIDED TRANSPORTATION UNDER SECTION 1361.]
    30  DISTRICTS PROVIDING TRANSPORTATION TO A CHARTER SCHOOL OUTSIDE
    20020H2644B4690                 - 16 -

     1  THE DISTRICT SHALL BE ELIGIBLE FOR PAYMENTS UNDER SECTION 2509.3
     2  FOR EACH PUBLIC SCHOOL STUDENT TRANSPORTED.
     3     (B)  IN THE EVENT THAT THE SECRETARY OF EDUCATION DETERMINES
     4  THAT A SCHOOL DISTRICT [OF THE FIRST CLASS] IS NOT PROVIDING THE
     5  REQUIRED TRANSPORTATION TO STUDENTS TO THE CHARTER SCHOOL, THE
     6  DEPARTMENT OF EDUCATION SHALL PAY DIRECTLY TO THE CHARTER SCHOOL
     7  FUNDS FOR COSTS INCURRED IN THE TRANSPORTATION OF ITS STUDENTS.
     8  PAYMENTS TO A CHARTER SCHOOL SHALL BE DETERMINED IN THE
     9  FOLLOWING MANNER: FOR EACH ELIGIBLE STUDENT TRANSPORTED, THE
    10  CHARTER SCHOOL SHALL RECEIVE A PAYMENT EQUAL TO THE TOTAL
    11  EXPENDITURES FOR TRANSPORTATION OF THE SCHOOL DISTRICT DIVIDED
    12  BY THE TOTAL NUMBER OF SCHOOL STUDENTS TRANSPORTED BY THE SCHOOL
    13  DISTRICT UNDER ANY PROGRAM OR POLICY.
    14     (C)  THE DEPARTMENT SHALL DEDUCT THE AMOUNT PAID TO THE
    15  CHARTER SCHOOL UNDER SUBSECTION (B) FROM ANY AND ALL PAYMENTS
    16  MADE TO THE DISTRICT.
    17     (D)  A SCHOOL DISTRICT OF THE FIRST CLASS SHALL SUBMIT A COPY
    18  OF ITS CURRENT TRANSPORTATION POLICY TO THE DEPARTMENT NO LATER
    19  THAN AUGUST 1 OF EACH YEAR.
    20     SECTION 5.  SECTION 1705-B(H) OF THE ACT, AMENDED JUNE 22,
    21  2001 (P.L.530, NO.35) AND JUNE 29, 2002 (P.L.524, NO.88), IS
    22  AMENDED TO READ:
    23     SECTION 1705-B.  EDUCATION EMPOWERMENT DISTRICTS.--* * *
    24     (H)  (1)  [A BOARD OF CONTROL ESTABLISHED UNDER SECTION 692
    25  SHALL BE ABOLISHED UPON CERTIFICATION OF THE SCHOOL DISTRICT AS
    26  AN EDUCATION EMPOWERMENT DISTRICT. THE SCHOOL DISTRICT SHALL BE
    27  OPERATED BY A BOARD OF CONTROL ESTABLISHED UNDER SUBSECTION (A).
    28  THE SECRETARY MAY APPOINT THE SAME INDIVIDUALS SERVING ON THE
    29  BOARD OF CONTROL UNDER SECTION 692 TO THE BOARD OF CONTROL UNDER
    30  SUBSECTION (B).] A SCHOOL DISTRICT UNDER A DECLARATION OF
    20020H2644B4690                 - 17 -

     1  DISTRESS PURSUANT TO SECTION 691(A) AND CERTIFIED AS AN
     2  EDUCATION EMPOWERMENT DISTRICT SHALL BE OPERATED BY A SPECIAL
     3  BOARD OF CONTROL ESTABLISHED UNDER SECTION 692. A BOARD OF
     4  CONTROL ESTABLISHED UNDER THIS SECTION SHALL BE ABOLISHED UPON
     5  THE APPOINTMENT OF A SPECIAL BOARD OF CONTROL UNDER SECTION 692.
     6     (2)  [SECTIONS 691 AND 692 SHALL NOT APPLY TO A SCHOOL
     7  DISTRICT CERTIFIED AS AN EDUCATION EMPOWERMENT DISTRICT.] FOR A
     8  SCHOOL DISTRICT UNDER A DECLARATION OF DISTRESS PURSUANT TO
     9  SECTION 691(A) AND CERTIFIED AS AN EDUCATION EMPOWERMENT
    10  DISTRICT, THE SPECIAL BOARD OF CONTROL ESTABLISHED UNDER SECTION
    11  692 SHALL HAVE THE POWERS AND DUTIES OF A SPECIAL BOARD OF
    12  CONTROL UNDER SECTION 692 AND THE POWERS AND DUTIES CONTAINED IN
    13  SECTION 1706-B.
    14     (3)  FOR A SCHOOL DISTRICT WITH A HISTORY OF LOW TEST
    15  PERFORMANCE THAT IS CERTIFIED AS DISTRESSED FOR A MINIMUM PERIOD
    16  OF TWO (2) YEARS UNDER SECTIONS 691 AND 692, THE DEPARTMENT
    17  SHALL WAIVE THE INCLUSION OF THE SCHOOL DISTRICT ON THE
    18  EDUCATION EMPOWERMENT LIST UNDER SECTION 1703-B(A) AND
    19  IMMEDIATELY CERTIFY THE SCHOOL DISTRICT AS AN EDUCATION
    20  EMPOWERMENT DISTRICT.
    21     (4)  THE DEPARTMENT MAY UTILIZE UP TO $2,000,000 OF
    22  UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
    23  APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT
    24  TO ASSIST SCHOOL DISTRICTS CERTIFIED AS AN EDUCATION EMPOWERMENT
    25  DISTRICT UNDER PARAGRAPH (3). THERE IS HEREBY ESTABLISHED A
    26  RESTRICTED ACCOUNT FROM WHICH PAYMENTS UNDER THIS PARAGRAPH
    27  SHALL BE PAID. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF
    28  THE BUDGET TO THE RESTRICTED ACCOUNT TO THE EXTENT NECESSARY TO
    29  MAKE PAYMENTS UNDER THIS PARAGRAPH. FUNDS IN THE RESTRICTED
    30  ACCOUNT ARE HEREBY APPROPRIATED TO CARRY OUT THE PURPOSES OF
    20020H2644B4690                 - 18 -

     1  THIS PARAGRAPH. THE SUBSIDY PAYMENT FROM THIS ACCOUNT SHALL BE
     2  UTILIZED TO SUPPLEMENT THE OPERATIONAL BUDGET OF THE ELIGIBLE
     3  SCHOOL DISTRICTS. THIS PARAGRAPH SHALL APPLY TO FISCAL YEARS
     4  2000-2001, 2001-2002 AND 2002-2003 AND SHALL EXPIRE JUNE 30,
     5  2003.
     6     SECTION 6.  ARTICLE XIX-B HEADING AND SECTIONS 1901-B, 1902-B
     7  AND 1903-B OF THE ACT, ADDED DECEMBER 19, 1990 (P.L.1362,
     8  NO.211), ARE AMENDED TO READ:
     9                           ARTICLE XIX-B.
    10       THADDEUS STEVENS [STATE SCHOOL] COLLEGE OF TECHNOLOGY.
    11     SECTION 1901-B.  SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN
    12  AND MAY BE CITED AS THE "THADDEUS STEVENS [STATE SCHOOL] COLLEGE
    13  OF TECHNOLOGY ACT."
    14     SECTION 1902-B.  LEGISLATIVE INTENT.--IT IS THE INTENT OF THE
    15  GENERAL ASSEMBLY TO PROVIDE FOR THE CONTINUED EXISTENCE,
    16  OPERATION AND ADMINISTRATION OF THE THADDEUS STEVENS [STATE
    17  SCHOOL] COLLEGE OF TECHNOLOGY.
    18     SECTION 1903-B.  AUTHORIZATION TO CONTINUE [SCHOOL]
    19  OPERATIONS.--THE INSTITUTION KNOWN AS THE THADDEUS STEVENS
    20  [STATE SCHOOL] COLLEGE OF TECHNOLOGY, ESTABLISHED AND OPERATED
    21  PURSUANT TO THE REPEALED PROVISIONS OF THE ACT OF MAY 11, 1905
    22  (P.L.518, NO.429), IS HEREBY AUTHORIZED TO CONTINUE OPERATIONS
    23  AND TO RECEIVE ANY STATE FUNDS OR AID TO WHICH IT MAY BE
    24  ENTITLED. ALL LAWFUL ACTIONS AND EXPENDITURES MADE BY SAID
    25  INSTITUTION BETWEEN OCTOBER 4, 1978, AND THE EFFECTIVE DATE OF
    26  THIS ACT ARE HEREBY RATIFIED AND APPROVED BY THE GENERAL
    27  ASSEMBLY. ALL POWERS, RIGHTS, PRIVILEGES, DUTIES AND
    28  OBLIGATIONS, STATUTORY, CONTRACTUAL OR OTHERWISE, OF THADDEUS
    29  STEVENS COLLEGE OF TECHNOLOGY OR ITS PREDECESSORS AND ITS BOARD
    30  OF TRUSTEES AND OFFICERS, HERETOFORE EXISTING AND NOT OTHERWISE
    20020H2644B4690                 - 19 -

     1  CHANGED OR REPEALED BY THIS ACT, SHALL CONTINUE IN FULL FORCE
     2  AND EFFECT.
     3     SECTION 2 7.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:  <--
     4     SECTION 1903.1-B.  APPROPRIATIONS.--APPROPRIATIONS FOR THE
     5  OPERATION OF THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY SHALL
     6  HAVE PREFERRED STATUS AND BE CONSIDERED ORDINARY EXPENSES OF
     7  STATE GOVERNMENT.
     8     SECTION 3 8.  SECTIONS 1904-B AND 1906-B OF THE ACT, ADDED     <--
     9  DECEMBER 19, 1990 (P.L.1362, NO.211), ARE AMENDED TO READ:
    10     SECTION 1904-B.  SCHOOL PURPOSES.--(A)  THE THADDEUS STEVENS
    11  [STATE SCHOOL] COLLEGE OF TECHNOLOGY, LOCATED IN LANCASTER,
    12  PENNSYLVANIA, SHALL CONTINUE TO PROVIDE FOR THE POSTSECONDARY
    13  EDUCATION AND TRAINING OF INDIGENT ORPHANS.
    14     (B)  IF A SUFFICIENT NUMBER OF INDIGENT ORPHANS QUALIFIED FOR
    15  ADMISSION PURSUANT TO SCHOOL STANDARDS FAIL TO APPLY, THEN THE
    16  BOARD OF TRUSTEES OF [THIS CORPORATION] THE COLLEGE MAY ADMIT
    17  FIRST OTHER DESERVING PERSONS AND, THEREAFTER, ORPHANS WHO MAY
    18  NOT BE INDIGENT, AS THE TRUSTEES IN THEIR BEST JUDGMENT MAY
    19  THINK PROPER.
    20     (C)  THOSE SHALL BE DEEMED ORPHANS WHO HAVE LOST EITHER
    21  PARENT.
    22     SECTION 1906-B.  BOARD OF TRUSTEES.--THE BOARD OF TRUSTEES
    23  SHALL CONSIST OF NINE MEMBERS, WHO SHALL SERVE WITHOUT
    24  COMPENSATION AND BE APPOINTED BY THE GOVERNOR BY AND WITH THE
    25  ADVICE AND CONSENT OF THE SENATE. SAID TRUSTEES SHALL BE A BODY
    26  POLITIC [OR CORPORATE OF] AND CORPORATE CONSTITUTING A PUBLIC
    27  CORPORATION WITH THE NAME OF THE THADDEUS STEVENS [STATE SCHOOL]
    28  COLLEGE OF TECHNOLOGY. [THEY SHALL, UNDER SECTION 1311 OF THE
    29  ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
    30  ADMINISTRATIVE CODE OF 1929," HAVE GENERAL DIRECTION AND CONTROL
    20020H2644B4690                 - 20 -

     1  OF THE PROPERTY AND MANAGEMENT OF THE INSTITUTION, DEVELOP BROAD
     2  INSTITUTIONAL POLICY AND MAKE ALL NECESSARY BYLAWS AND
     3  REGULATIONS, NOT INCONSISTENT WITH EITHER THE PROVISIONS OF THE
     4  CONSTITUTION, LAWS OF THE COMMONWEALTH OR RULES AND REGULATIONS
     5  OF THE STATE BOARD OF EDUCATION.] OF THE TRUSTEES FIRST
     6  APPOINTED, THREE SHALL SERVE FOR ONE YEAR, THREE FOR TWO YEARS
     7  AND THREE FOR THREE YEARS, AND, AT THE EXPIRATION OF THE
     8  RESPECTIVE PERIODS, THE VACANCIES SHALL BE FILLED BY THE
     9  GOVERNOR, BY APPOINTMENT, FOR [THREE] SIX YEARS, AS HEREINBEFORE
    10  PROVIDED; AND, SHOULD ANY VACANCY OCCUR BY DEATH OR RESIGNATION
    11  OR OTHERWISE OF ANY TRUSTEE, SUCH VACANCY SHALL BE FILLED, BY
    12  APPOINTMENT AS AFORESAID, FOR THE UNEXPIRED TERM OF SAID
    13  TRUSTEE. THE SECRETARY OF EDUCATION SHALL BE EX OFFICIO MEMBER
    14  OF THE BOARD OF TRUSTEES.
    15     SECTION 4 9.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:  <--
    16     SECTION 1906.1-B.  POWERS AND DUTIES OF THE BOARD OF
    17  TRUSTEES.--(A)  THE BOARD OF TRUSTEES SHALL DIRECT AND CONTROL
    18  THE PROPERTY, PERSONNEL AND MANAGEMENT OF THE COLLEGE, DEVELOP
    19  BROAD POLICY AND MAKE ALL NECESSARY BYLAWS AND REGULATIONS, NOT
    20  INCONSISTENT WITH EITHER THE PROVISIONS OF THE CONSTITUTION,
    21  LAWS OF THE COMMONWEALTH OR RULES AND REGULATIONS OF THE STATE
    22  BOARD OF EDUCATION.
    23     (B)  THE BOARD OF TRUSTEES SHALL ELECT A PRESIDENT, SET THE
    24  SALARY AND DELINEATE THE DUTIES AND RESPONSIBILITIES OF THE
    25  PRESIDENT.
    26     (C)  THE BOARD OF TRUSTEES SHALL COORDINATE, REVIEW AND
    27  APPROVE THE ANNUAL CAPITAL BUDGET REQUIREMENTS OF THE COLLEGE
    28  AND THE ANNUAL OPERATING BUDGET OF THE COLLEGE. IT SHALL PRESENT
    29  THESE ANNUAL BUDGETS WITH COMMENTS TO THE SECRETARY OF EDUCATION
    30  FOR PRESENTATION TO THE STATE BOARD OF EDUCATION. THE STATE
    20020H2644B4690                 - 21 -

     1  BOARD OF EDUCATION SHALL RETURN SUCH BUDGET REQUESTS,
     2  RECOMMENDING APPROVAL OR DISAPPROVAL, WITH COMMENTS, IF ANY, TO
     3  THE SECRETARY OF EDUCATION PRIOR TO THEIR SUBMISSION TO THE
     4  SECRETARY OF THE BUDGET. THE BOARD OF TRUSTEES MAY ALSO SUBMIT
     5  ITS BUDGET RECOMMENDATIONS AND FINDINGS TO THE GENERAL ASSEMBLY
     6  SUBSEQUENT TO THE SUBMISSION OF THE GOVERNOR'S BUDGET TO THE
     7  GENERAL ASSEMBLY.
     8     (D)  THE BOARD OF TRUSTEES SHALL HAVE THE AUTHORITY TO
     9  DETERMINE THE COMPLEMENT AND TO MANAGE ALL PERSONNEL MATTERS FOR
    10  THE COLLEGE. THE BOARD OF TRUSTEES SHALL BE EXEMPT FROM ALL
    11  PROVISIONS OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN
    12  AS "THE ADMINISTRATIVE CODE OF 1929," AND THE ACT OF APRIL 9,
    13  1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL CODE," REQUIRING
    14  THE APPROVAL OR DECISION OF ANY EXECUTIVE AGENCY WITH RESPECT TO
    15  COMPLEMENT CONTROL AND PERSONNEL ADMINISTRATION FOR THE COLLEGE.
    16     (E)  SUBSEQUENT TO THE ENACTMENT OF THE GENERAL APPROPRIATION
    17  ACT FOR EACH APPLICABLE FISCAL YEAR BY THE GENERAL ASSEMBLY, THE
    18  BOARD OF TRUSTEES SHALL HAVE THE AUTHORITY TO REBUDGET AND
    19  REALLOCATE THE BUDGETED FUNDS APPROPRIATED TO THE COLLEGE AT ITS
    20  DISCRETION WITHOUT THE NECESSITY OF FURTHER APPROVAL OR
    21  DIRECTION BY ANY EXECUTIVE AGENCY. THE BOARD OF TRUSTEES SHALL
    22  BE EXEMPT FROM ALL PROVISIONS OF "THE ADMINISTRATIVE CODE OF
    23  1929" AND "THE FISCAL CODE" REQUIRING THE APPROVAL OR DECISION
    24  OF ANY EXECUTIVE AGENCY WITH RESPECT TO THE REBUDGET AND
    25  REALLOCATION OF BUDGETED FUNDS TO THE COLLEGE.
    26     (F)  THE BOARD OF TRUSTEES SHALL BE RESPONSIBLE FOR THE
    27  PROPER EXPENDITURE, INVESTMENT AND DISPOSITION OF ALL FUNDS BOTH
    28  APPROPRIATED AND UNAPPROPRIATED NECESSARY FOR THE OPERATION OF
    29  THE COLLEGE.
    30     (G)  THE BOARD OF TRUSTEES SHALL BE RESPONSIBLE FOR THE
    20020H2644B4690                 - 22 -

     1  APPOINTMENT OF THE COMPTROLLER OF THE COLLEGE WHO SHALL NOT BE
     2  SUBJECT TO APPOINTMENT BY THE GOVERNOR.
     3     (H)  SUBSEQUENT TO THE ENACTMENT OF THE GENERAL APPROPRIATION
     4  ACT FOR EACH APPLICABLE FISCAL YEAR BY THE GENERAL ASSEMBLY BUT
     5  NOT EARLIER THAN JULY 1 OF EACH FISCAL YEAR, THE STATE TREASURER
     6  SHALL MAKE AVAILABLE TO THE BOARD OF TRUSTEES THE AMOUNT OF
     7  FUNDS APPROPRIATED TO THE COLLEGE FOR THAT FISCAL YEAR.
     8     (I)  THE BOARD OF TRUSTEES SHALL COOPERATE WITH AND ACCEPT
     9  GRANTS AND ASSISTANCE FROM FEDERAL AND STATE AGENCIES, LOCAL
    10  GOVERNMENTS OR OTHER POLITICAL SUBDIVISIONS, FOUNDATIONS,
    11  CORPORATIONS OR ANY OTHER SOURCE FOR ANY OF THE LAWFUL PURPOSES
    12  OF THE COLLEGE. ALL MONEY RECEIVED FROM SOURCES AUTHORIZED BY
    13  THIS SECTION ARE HEREBY APPROPRIATED TO THE THADDEUS STEVENS
    14  COLLEGE OF TECHNOLOGY.
    15     (J)  THE BOARD OF TRUSTEES SHALL HAVE NO POWER AT ANY TIME OR
    16  IN ANY MANNER, TO PLEDGE THE CREDIT OR TAXING POWER OF THE
    17  COMMONWEALTH OF PENNSYLVANIA, NOR SHALL ANY OF ITS OBLIGATIONS
    18  OR DEBTS BE DEEMED TO BE OBLIGATIONS OF THE COMMONWEALTH OF
    19  PENNSYLVANIA, NOR SHALL THE COMMONWEALTH OF PENNSYLVANIA BE
    20  LIABLE FOR THE PAYMENT OF PRINCIPAL OR INTEREST ON SUCH
    21  OBLIGATIONS.
    22     (K)  THE BOARD OF TRUSTEES SHALL HAVE THE AUTHORITY TO CAUSE
    23  AN INDEPENDENT AUDIT OF THE FINANCES OF THE COLLEGE.
    24     SECTION 5 10.  SECTIONS 1907-B, 1909-B, 1910-B, 1911-B, 1912-  <--
    25  B AND 1913-B OF THE ACT, ADDED DECEMBER 19, 1990 (P.L.1362,
    26  NO.211), ARE AMENDED TO READ:
    27     SECTION 1907-B.  PRESIDENT OF SCHOOL.--THE CHIEF
    28  ADMINISTRATOR AND ACADEMIC OFFICER OF THE THADDEUS STEVENS
    29  [STATE SCHOOL] COLLEGE OF TECHNOLOGY SHALL BE THE PRESIDENT
    30  WHOSE DUTIES SHALL BE DEFINED BY THE BOARD OF TRUSTEES [AND
    20020H2644B4690                 - 23 -

     1  APPROVED BY THE SECRETARY OF EDUCATION].
     2     SECTION 1909-B.  TUITION STUDENTS.--IN ADDITION TO STATE-
     3  SUPPORTED RESIDENT STUDENTS AS DEFINED IN SECTION 1904-B, THE
     4  BOARD OF TRUSTEES MAY ADMIT FOR STUDY AT THE SCHOOL PART-TIME OR
     5  FULL-TIME TUITION STUDENTS AND SHALL FIX AND CHARGE TUITION
     6  RATES [AS APPROVED BY THE SECRETARY OF EDUCATION] FOR SUCH
     7  STUDENTS. ALL MONEY COLLECTED AS TUITION BY THE [INSTITUTION]
     8  COLLEGE SHALL BE [PAID INTO THE GENERAL FUND AND CREDITED TO THE
     9  APPROPRIATIONS MADE TO THE INSTITUTION.] DEPOSITED INTO AN
    10  ACCOUNT HELD BY THE COLLEGE AND EXPENDED AT THE DISCRETION OF A
    11  MAJORITY OF THE BOARD OF TRUSTEES.
    12     SECTION 1910-B.  RIGHTS OF FACULTY AND STAFF.--(A)  EXCEPT AS
    13  OTHERWISE PROVIDED BY LAW, FACULTY EMPLOYED IN THE THADDEUS
    14  STEVENS [STATE SCHOOL] COLLEGE OF TECHNOLOGY SHALL CONTINUE TO
    15  ENJOY THE SAME RIGHTS AND PRIVILEGES AS PROVIDED ON JUNE 30,
    16  1990. NOTHING CONTAINED HEREIN SHALL SUPERSEDE OR PREEMPT ANY
    17  PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED
    18  BETWEEN THE COMMONWEALTH AND AN EXCLUSIVE REPRESENTATIVE OF THE
    19  EMPLOYES IN ACCORDANCE WITH THE ACT OF JULY 23, 1970 (P.L.563,
    20  NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT." NEW
    21  COLLECTIVE BARGAINING AGREEMENTS WITH PROFESSIONAL AND
    22  NONINSTRUCTIONAL FACULTY AND STAFF SHALL BE NEGOTIATED JOINTLY
    23  BY THE COMMONWEALTH AND THE BOARD OF TRUSTEES. IN NO EVENT SHALL
    24  THE FACULTY BE CONSIDERED TO BE IN THE CLASSIFIED SERVICE, AS
    25  DEFINED BY THE ACT OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS
    26  THE "CIVIL SERVICE ACT."
    27     (B)  ALL STAFF HIRED BY THE THADDEUS STEVENS COLLEGE OF
    28  TECHNOLOGY AFTER THE EFFECTIVE DATE OF THIS SUBSECTION SHALL BE
    29  EXCLUDED FROM CLASSIFIED SERVICE, AS DEFINED BY THE "CIVIL
    30  SERVICE ACT."
    20020H2644B4690                 - 24 -

     1     (C)  NOTHING CONTAINED HEREIN SHALL IN ANY MANNER CHANGE OR
     2  AFFECT THE STATUS OF:
     3     (I)  THE FACULTY AND STAFF OF THE THADDEUS STEVENS COLLEGE OF
     4  TECHNOLOGY AS EMPLOYES OF THE COMMONWEALTH, INCLUDING, BUT NOT
     5  LIMITED TO, ALL BENEFITS RECEIVED AS COMMONWEALTH EMPLOYES,
     6  INCLUDING RETIREMENT BENEFITS PROVIDED FOR UNDER 24 PA.C.S. PT.
     7  IV (RELATING TO RETIREMENT FOR SCHOOL EMPLOYEES) OR 24 PA.C.S. §
     8  8301 (RELATING TO MANDATORY AND OPTIONAL MEMBERSHIP) OR 71
     9  PA.C.S. PT. XXV (RELATING TO RETIREMENT FOR STATE EMPLOYEES AND
    10  OFFICERS) OR 71 PA.C.S. § 5301 (RELATING TO MANDATORY AND
    11  OPTIONAL MEMBERSHIP) OR THE RIGHT OF ELIGIBLE EMPLOYES TO
    12  PARTICIPATE OR TO ELECT PARTICIPATION IN THE TEACHERS INSURANCE
    13  AND ANNUITY ASSOCIATION OF AMERICA - COLLEGE RETIREMENT EQUITIES
    14  FUND (TIAA-CREF) RETIREMENT PLAN; OR
    15     (II)  THE EXCLUSIVE BARGAINING REPRESENTATIVES, WHICH ARE
    16  REPRESENTING FACULTY OR STAFF, PURSUANT TO THE PROVISIONS OF THE
    17  ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC
    18  EMPLOYE RELATIONS ACT."
    19     SECTION 1911-B.  VISITATION PRIVILEGES.--THE GOVERNOR,
    20  SECRETARY OF EDUCATION, JUDGES OF THE SEVERAL COURTS OF THE
    21  COMMONWEALTH AND SENATORS AND REPRESENTATIVES OF THE GENERAL
    22  ASSEMBLY SHALL BE EX OFFICIO VISITORS OF SAID [INSTITUTION]
    23  COLLEGE, AND IT SHALL BE SUBJECT TO INSPECTION BY THE DEPARTMENT
    24  OF EDUCATION[, AND AN ANNUAL REPORT OF THE CONDUCT AND
    25  MANAGEMENT OF THE SCHOOL SHALL BE MADE BY THE PRESIDENT OF THE
    26  THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY TO THE GENERAL
    27  ASSEMBLY AND THE SECRETARY OF EDUCATION].
    28     SECTION 1912-B.  PRIOR REFERENCES.--WHENEVER, IN ANY LAW,
    29  REFERENCE IS MADE TO THE THADDEUS STEVENS INDUSTRIAL AND REFORM
    30  SCHOOL OF PENNSYLVANIA [OR], THE THADDEUS STEVENS TRADE SCHOOL
    20020H2644B4690                 - 25 -

     1  OR THE THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY, IT SHALL BE
     2  DEEMED TO REFER TO AND INCLUDE THE THADDEUS STEVENS [STATE
     3  SCHOOL] COLLEGE OF TECHNOLOGY.
     4     SECTION 1913-B.  ACQUISITION AND DISPOSITION OF PROPERTY.--
     5  [THE TRUSTEES OF THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY
     6  SHALL HAVE THE AUTHORITY TO ACQUIRE AND RETAIN ANY PROPERTY,
     7  REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, NECESSARY OR
     8  DESIRABLE FOR CARRYING OUT THE PURPOSES OF THE SCHOOL, AND TO
     9  SELL, TRANSFER AND DISPOSE OF ANY PROPERTY, REAL, PERSONAL OR
    10  MIXED, TANGIBLE OR INTANGIBLE, OR ANY INTEREST THEREIN AT ANY
    11  TIME ACQUIRED BY IT AND TO TAKE, DEMAND, RECEIVE AND POSSESS ALL
    12  MONEYS, REAL PROPERTY AND GOODS WHICH SHALL BE APPROPRIATED,
    13  GIVEN OR GRANTED TO AND FOR THE USE OF THE SCHOOL AND TO APPLY
    14  THE SAME ACCORDING TO THE WILL OF THE DONORS; AND, BY GIFT,
    15  PURCHASE OR DEVISE, TO RECEIVE, POSSESS, ENJOY AND RETAIN
    16  FOREVER ANY AND ALL REAL AND PERSONAL ESTATE AND FUNDS, OF
    17  WHATSOEVER KIND, NATURE OR QUALITY THE SAME MAY BE, IN SPECIAL
    18  TRUST AND CONFIDENCE THAT THE SAME, AND THE PROFITS THEREOF,
    19  SHALL BE APPLIED TO AND FOR THE USE AND PURPOSE OF ENDOWING THE
    20  SCHOOL, AND SHALL HAVE POWER TO RECEIVE DONATIONS FROM ANY
    21  SOURCE WHATEVER, TO BE EXCLUSIVELY DEVOTED TO THE PURPOSES OF
    22  THE SCHOOL OR ACCORDING TO THE TERMS OF DONATION.] (A)  THE
    23  THADDEUS STEVENS COLLEGE OF TECHNOLOGY IS HEREBY GRANTED AND
    24  SHALL HAVE AND MAY EXERCISE ALL THE POWERS NECESSARY OR
    25  CONVENIENT TO ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE AND USE
    26  ANY PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE,
    27  OR ANY INTEREST THEREIN, LEASE AS LESSOR ANY PROPERTY, REAL,
    28  PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, NECESSARY OR
    29  DESIRABLE FOR CARRYING OUT THE PURPOSES OF THE COLLEGE, AND TO
    30  SELL, TRANSFER AND DISPOSE OF ANY PROPERTY ACQUIRED BY GIFT,
    20020H2644B4690                 - 26 -

     1  GRANT, DEVISE OR BEQUEST, WHETHER THE PROPERTY IS REAL, PERSONAL
     2  OR MIXED, TANGIBLE OR INTANGIBLE, OR ANY INTEREST THEREIN; TO
     3  TAKE, DEMAND, RECEIVE AND POSSESS ALL MONEYS, REAL PROPERTY AND
     4  GOODS WHICH SHALL BE APPROPRIATED, GIVEN OR GRANTED TO FOR THE
     5  USE OF THE COLLEGE AND TO APPLY THE SAME ACCORDING TO THE WILL
     6  OF THE DONORS; TO SELL, TRANSFER AND DISPOSE OF REAL PROPERTY
     7  ACQUIRED BY AND TITLED TO THE COLLEGE UPON APPROVAL BY THE
     8  GENERAL ASSEMBLY AS PROVIDED IN THIS SECTION; AND BY GIFT,
     9  PURCHASE OR DEVISE TO RECEIVE, POSSESS, ENJOY AND RETAIN FOREVER
    10  ANY AND ALL REAL AND PERSONAL ESTATE AND FUNDS, OF WHATSOEVER
    11  KIND, NATURE OR QUALITY THE SAME MAY BE, IN SPECIAL TRUST AND
    12  CONFIDENCE THAT THE SAME, AND THE PROFITS THEREOF, SHALL BE
    13  APPLIED TO AND FOR THE USE AND PURPOSE OF ENDOWING THE COLLEGE,
    14  AND SHALL HAVE POWER TO RECEIVE DONATIONS FROM ANY SOURCE
    15  WHATEVER, TO BE EXCLUSIVELY DEVOTED TO THE PURPOSES OF THE
    16  COLLEGE OR ACCORDING TO THE TERMS OF DONATION: PROVIDED,
    17  HOWEVER, THAT THE COLLEGE SHALL HAVE NO POWER AT ANY TIME OR IN
    18  ANY MANNER, TO PLEDGE THE CREDIT OR TAXING POWER OF THE
    19  COMMONWEALTH, NOR SHALL ANY OF ITS OBLIGATIONS OR DEBTS BE
    20  DEEMED TO BE OBLIGATIONS OF THE COMMONWEALTH, NOR SHALL THE
    21  COMMONWEALTH BE LIABLE FOR THE PAYMENT OF PRINCIPAL OR INTEREST
    22  ON SUCH OBLIGATIONS.
    23     (B)  WHENEVER THE BOARD OF TRUSTEES DEEMS THAT IT IS
    24  NECESSARY OR DESIRABLE TO SELL, TRANSFER OR DISPOSE OF REAL
    25  PROPERTY ACQUIRED OR CONSTRUCTED IN ANY PART WITH FUNDS FROM THE
    26  COMMONWEALTH OF PENNSYLVANIA AND TITLED TO THE COLLEGE, IT SHALL
    27  REQUEST AUTHORIZATION FROM THE GENERAL ASSEMBLY TO SELL,
    28  TRANSFER OR DISPOSE OF SAID REAL PROPERTY; AND FROM TIME TO
    29  TIME, AS NECESSARY, THE BOARD OF TRUSTEES SHALL SUBMIT TO THE
    30  CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF
    20020H2644B4690                 - 27 -

     1  THE SENATE REQUESTS TO SELL, TRANSFER OR DISPOSE OF REAL
     2  PROPERTY ACQUIRED BY AND TITLED TO THE COLLEGE FOR CONSIDERATION
     3  BY THE GENERAL ASSEMBLY.
     4     (C)  EACH REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
     5  DISPOSE OF REAL PROPERTY TRANSMITTED TO THE GENERAL ASSEMBLY
     6  SHALL BE PROPOSED AS A RESOLUTION, AND SHALL BE PLACED ON THE
     7  CALENDAR OF EACH HOUSE FOR THE NEXT LEGISLATIVE DAY FOLLOWING
     8  ITS RECEIPT, AND SHALL BE CONSIDERED BY EACH HOUSE WITHIN THIRTY
     9  (30) CALENDAR DAYS OF CONTINUOUS SESSION OF THE GENERAL
    10  ASSEMBLY.
    11     (D)  EACH REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
    12  DISPOSE OF REAL PROPERTY SHALL TAKE EFFECT IF IT IS APPROVED BY
    13  A MAJORITY VOTE OF THE DULY ELECTED MEMBERSHIP OF EACH HOUSE
    14  DURING SUCH THIRTY-DAY PERIOD OR MAY BE DISAPPROVED BY EITHER
    15  HOUSE DURING THAT PERIOD BY A MAJORITY VOTE OF THE DULY ELECTED
    16  MEMBERSHIP OF EACH HOUSE.
    17     (E)  NO RESOLUTION SHALL BE EFFECTIVE:
    18     (1)  UNLESS IT DESIGNATES THE NUMBER OF THE REQUEST FOR
    19  AUTHORIZATION TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY AND
    20  THE DATE ON WHICH IT WAS TRANSMITTED TO THE GENERAL ASSEMBLY; OR
    21     (2)  IF IT SPECIFIES MORE THAN ONE REQUEST FOR AUTHORIZATION
    22  TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY EXCEPT AS
    23  OTHERWISE PROVIDED BY SUBSECTION (H) OF THIS SECTION.
    24     (F)  THE EFFECTIVE DATE OF EACH REQUEST FOR AUTHORIZATION TO
    25  SELL, DISPOSE OR TRANSFER REAL PROPERTY SHALL BE THE DATE OF
    26  APPROVAL OF THE LAST OF THE TWO HOUSES TO ACT. UPON THE
    27  EXPIRATION OF THE THIRTY-DAY PERIOD AFTER THE DELIVERY OF THE
    28  REQUEST FOR AUTHORIZATION TO SELL, DISPOSE OR TRANSFER REAL
    29  PROPERTY TO THE TWO HOUSES OF THE GENERAL ASSEMBLY AND THE
    30  FAILURE TO ACT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION,
    20020H2644B4690                 - 28 -

     1  EACH REQUEST FOR AUTHORIZATION TO SELL, DISPOSE OR TRANSFER REAL
     2  PROPERTY SHALL BECOME EFFECTIVE.
     3     (G)  FOR THE PURPOSES OF SUBSECTION (C) OF THIS SECTION:
     4     (1)  CONTINUITY OF SESSION SHALL BE CONSIDERED AS BROKEN ONLY
     5  BY AN ADJOURNMENT OF THE GENERAL ASSEMBLY SINE DIE.
     6     (2)  IN THE COMPUTATION OF THE THIRTY-DAY PERIOD, THERE SHALL
     7  BE EXCLUDED THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION
     8  BECAUSE OF AN ADJOURNMENT OF MORE THAN TEN (10) DAYS TO A DAY
     9  CERTAIN.
    10     (H)  ANY PROVISION OF THE REQUEST FOR AUTHORIZATION TO SELL,
    11  DISPOSE OR TRANSFER REAL PROPERTY MAY, UNDER PROVISIONS
    12  CONTAINED THEREIN, BE MADE OPERATIVE AT A TIME LATER THAN THE
    13  DATE ON WHICH THE REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
    14  DISPOSE OF REAL PROPERTY OTHERWISE TAKES EFFECT.
    15     SECTION 6 11.  THE ACT IS AMENDED BY ADDING SECTIONS TO READ:  <--
    16     SECTION 1913-B.1.  (A)  THE THADDEUS STEVENS COLLEGE OF
    17  TECHNOLOGY IS HEREBY AUTHORIZED TO EXECUTE AND ADMINISTER
    18  CONTRACTS FOR CONSTRUCTION, REPAIR, RENOVATION AND MAINTENANCE
    19  PROJECTS WITHIN THE MEANING OF SECTION 2401.1 OF THE ACT OF
    20  APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
    21  CODE OF 1929," INCLUDING ALL ASPECTS OF PROJECT MANAGEMENT,
    22  DESIGN AND CONSTRUCTION AND LEGAL AND ADMINISTRATIVE SERVICES
    23  RELATED TO AND NECESSARY FOR THE COMPLETION OF SUCH PROJECTS,
    24  EXCEPT CAPITAL PROJECTS WHICH ARE FUNDED BY COMMONWEALTH GENERAL
    25  OBLIGATION BONDS, CAPITAL APPROPRIATIONS OR PURSUANT THE TO THE
    26  ACT OF FEBRUARY 9, 1999 (P.L.1, NO.1), KNOWN AS THE "CAPITAL
    27  FACILITIES DEBT ENABLING ACT," UNLESS DELEGATED BY THE
    28  DEPARTMENT OF GENERAL SERVICES TO THE COLLEGE.
    29     (B)  THE COLLEGE SHALL REVIEW THE WORK, EXPERIENCE AND
    30  QUALIFICATIONS OF ARCHITECTS AND ENGINEERS SEEKING CONTRACTS
    20020H2644B4690                 - 29 -

     1  FROM THE COLLEGE UNDER THIS SECTION AND, ON THE BASIS OF MERIT,
     2  SELECT AND APPOINT ARCHITECTS AND ENGINEERS FOR THE DESIGN,
     3  CONTRACT ADMINISTRATION AND, AT THE COLLEGE'S DISCRETION,
     4  INSPECTION OF A PROJECT AUTHORIZED BY THIS SECTION. THE BOARD OF
     5  TRUSTEES SHALL GIVE PUBLIC NOTICE IN THE MANNER PROVIDED BY LAW
     6  OF PROJECTS WHICH REQUIRE THE SERVICES OF ARCHITECTS AND
     7  ENGINEERS. THE BOARD OF TRUSTEES SHALL INCLUDE, BUT NOT BE
     8  LIMITED TO, CONSIDERATION OF THE FOLLOWING FACTORS IN THE
     9  SELECTION OF ARCHITECTS AND ENGINEERS:
    10     (1)  EQUITABLE DISTRIBUTION OF CONTRACTS AMONG QUALIFIED
    11  ARCHITECTS AND ENGINEERS;
    12     (2)  CAPABILITY TO PERFORM THE DESIGN AND CONSTRUCTION
    13  SERVICES FOR THE CONTRACT BEING CONSIDERED;
    14     (3)  GEOGRAPHIC PROXIMITY OF THE ARCHITECT OR ENGINEER TO THE
    15  PROPOSED FACILITY;
    16     (4)  ABILITY OF THE ARCHITECT OR ENGINEER TO FURNISH THE
    17  NECESSARY AVAILABLE MANPOWER TO PERFORM THE SERVICES REQUIRED BY
    18  THE PROJECT; AND
    19     (5)  ANY OTHER RELATED CIRCUMSTANCES PECULIAR TO THE PROPOSED
    20  CONTRACT.
    21     (C)  ALL CONTRACTS, OTHER THAN CONTRACTS FOR THE RETENTION OF
    22  ARCHITECTS AND ENGINEERS, AUTHORIZED BY THIS SECTION WHICH
    23  EXCEED TEN THOUSAND DOLLARS ($10,000) OR ANY LARGER AMOUNT AS
    24  OTHERWISE PROVIDED FOR IN 62 PA.C.S. (RELATING TO PROCUREMENT)
    25  SHALL BE ADVERTISED IN THE MANNER PROVIDED BY LAW AND
    26  COMPETITIVELY BID AND AWARDED TO THE LOWEST RESPONSIBLE BIDDER.
    27  IN CASE OF EMERGENCIES AND NOTWITHSTANDING ANY OTHER PROVISION
    28  OF THIS SECTION TO THE CONTRARY, THE BOARD OF TRUSTEES MAY MAKE
    29  OR AUTHORIZE OTHERS TO MAKE AN EMERGENCY PROCUREMENT WHENEVER A
    30  THREAT EXISTS TO PUBLIC HEALTH, WELFARE OR SAFETY OR
    20020H2644B4690                 - 30 -

     1  CIRCUMSTANCES OUTSIDE THE CONTROL OF THE COLLEGE AND CREATES AN
     2  URGENCY OF NEED WHICH DOES NOT PERMIT THE DELAY INVOLVED IN
     3  USING MORE FORMAL COMPETITIVE METHODS. WHENEVER PRACTICAL, IN
     4  THE CASE OF A PROCUREMENT OF A SUPPLY, AT LEAST TWO (2) BIDS
     5  SHALL BE SOLICITED. A WRITTEN DETERMINATION OF THE BASIS FOR THE
     6  EMERGENCY AND FOR THE SELECTION OF THE PARTICULAR CONTRACTOR
     7  SHALL BE INCLUDED IN THE CONTRACT FILE.
     8     (D)  THE POWER AND AUTHORITY GRANTED BY THIS SECTION SHALL
     9  NOT BE EXERCISED BY THE COLLEGE OR THE BOARD OF TRUSTEES FOR A
    10  PROJECT TO MODIFY, REPAIR OR RENOVATE ANY FACILITY ERECTED BY
    11  THE DEPARTMENT OF GENERAL SERVICES UNLESS PRIOR WRITTEN NOTICE
    12  SETTING FORTH THE NATURE, SCOPE, EXTENT AND DESCRIPTION OF SUCH
    13  PROJECT HAS BEEN GIVEN TO THE DEPARTMENT OF GENERAL SERVICES.
    14     (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AMENDING,
    15  REPEALING OR OTHERWISE MODIFYING THE PROVISIONS OF THE ACT OF
    16  MAY 1, 1913 (P.L.155, NO.104), ENTITLED "AN ACT REGULATING THE
    17  LETTING OF CERTAIN CONTRACTS FOR THE ERECTION, CONSTRUCTION, AND
    18  ALTERATION OF PUBLIC BUILDINGS," OR THE ACT OF AUGUST 15, 1961
    19  (P.L.987, NO.442), KNOWN AS THE "PENNSYLVANIA PREVAILING WAGE
    20  ACT."
    21     (F)  THE COLLEGE IS AUTHORIZED TO TRANSFER AND CONVEY ANY
    22  EASEMENTS OR LICENSES NECESSITATED BY ANY CONSTRUCTION PROJECT
    23  WHICH HAS BEEN PREVIOUSLY AUTHORIZED BY THE BOARD OF TRUSTEES.
    24     SECTION 1914-B.  PURCHASING.--FOR PURPOSES OF 62 PA.C.S.
    25  (RELATING TO PROCUREMENT), THE THADDEUS STEVENS COLLEGE OF
    26  TECHNOLOGY SHALL BE CONSIDERED A "STATE-AFFILIATED ENTITY" AS
    27  DEFINED BY 62 PA.C.S. § 103 (RELATING TO DEFINITIONS).
    28     SECTION 1915-B.  AUDIT AND FINANCIAL REPORTS.--THE ACTIVITIES
    29  OF THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY SHALL BE SUBJECT
    30  TO THE AUDIT OF THE DEPARTMENT OF THE AUDITOR GENERAL, BUT THE
    20020H2644B4690                 - 31 -

     1  COLLEGE SHALL NOT BE REQUIRED TO PAY A FEE FOR ANY SUCH AUDIT.
     2  THE PRESIDENT OF THE COLLEGE SHALL MAKE AN ANNUAL REPORT TO THE
     3  GOVERNOR, THE APPROPRIATIONS COMMITTEE AND EDUCATION COMMITTEE
     4  OF THE SENATE AND THE APPROPRIATIONS COMMITTEE AND EDUCATION
     5  COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE STATE BOARD OF
     6  EDUCATION SHOWING THE FINANCIAL CONDITION OF THE COLLEGE AT THE
     7  END OF THE COMMONWEALTH'S FISCAL YEAR.
     8     SECTION 1916-B.  ANNUAL REPORT.--THE BOARD OF TRUSTEES SHALL
     9  BE REQUIRED TO SUBMIT A REPORT TO THE GOVERNOR, THE
    10  APPROPRIATIONS COMMITTEE AND EDUCATION COMMITTEE OF THE SENATE
    11  AND THE APPROPRIATIONS COMMITTEE AND EDUCATION COMMITTEE OF THE
    12  HOUSE OF REPRESENTATIVES AND THE STATE BOARD OF EDUCATION NO
    13  LATER THAN SEPTEMBER 1, WHICH SHALL COVER THE TWELVE-MONTH
    14  PERIOD BEGINNING WITH THE SUMMER TERM OF THE PRECEDING YEAR AND
    15  SHALL INCLUDE:
    16     (1)  THE DEFINITIONS AND NUMBER OF FACULTY MEMBERS AND STAFF
    17  EMPLOYED FULL TIME, THE NUMBER OF FACULTY MEMBERS AND STAFF
    18  EMPLOYED PART TIME, THE NUMBER OF FULL-TIME STUDENTS ENROLLED
    19  AND THE NUMBER OF PART-TIME STUDENTS ENROLLED.
    20     (2)  THE TOTAL NUMBER OF CREDIT HOURS TAUGHT AND THE MINIMUM
    21  NUMBER OF CREDIT HOURS REQUIRED FOR GRADUATION.
    22     (3)  THE DEGREES AND PROGRAMS OFFERED BY THE INSTITUTION.
    23     (4)  THE TOTAL NUMBER OF GRADUATES AND THE TOTAL NUMBER OF
    24  GRADUATES BY DEGREE OR PROGRAM.
    25     (5)  THE NUMBER OF TERMS SCHEDULED AND DATES THEREOF.
    26     SECTION 1917-B.  DEFINITIONS.--FOR THE PURPOSES OF THIS
    27  ARTICLE, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE
    28  FOLLOWING MEANINGS, RESPECTIVELY, EXCEPT IN THOSE INSTANCES
    29  WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING:
    30     (1)  "BOARD OF TRUSTEES" SHALL MEAN THE BOARD OF TRUSTEES OF
    20020H2644B4690                 - 32 -

     1  THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
     2     (2)  "COLLEGE" SHALL MEAN THE THADDEUS STEVENS COLLEGE OF
     3  TECHNOLOGY.
     4     (3)  "SECRETARY" SHALL MEAN THE SECRETARY OF EDUCATION OF THE
     5  COMMONWEALTH OF PENNSYLVANIA OR SUCH PERSON AS THE SECRETARY MAY
     6  DESIGNATE TO ACT ON BEHALF OF THE SECRETARY WITH REGARD TO ANY
     7  OF THE DUTIES AND PREROGATIVES IMPOSED BY THIS ACT.
     8     (4)  "STATE BOARD" SHALL MEAN THE STATE BOARD OF EDUCATION.
     9     SECTION 12.  SECTION 2134 OF THE ACT, ADDED JUNE 29, 2002      <--
    10  (P.L.524, NO.88), IS AMENDED TO READ:
    11     SECTION 2134.  PLACEMENT OF CERTAIN ADJUDICATED STUDENTS.--
    12  (A)  NO STUDENT RETURNING FROM PLACEMENT [OR WHO IS ON
    13  PROBATION] AS A RESULT OF BEING ADJUDICATED DELINQUENT UNDER 42
    14  PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS) OR WHO HAS BEEN
    15  ADJUDGED TO HAVE COMMITTED A CRIME UNDER AN ADULT CRIMINAL
    16  PROCEEDING SHALL BE RETURNED DIRECTLY TO THE REGULAR CLASSROOM.
    17     (B)  PRIOR TO RETURNING SUCH STUDENT TO THE REGULAR
    18  CLASSROOM, THE SCHOOL DISTRICT SHALL:
    19     (1)  PLACE THE STUDENT IN A TRANSITION CENTER OPERATED BY THE
    20  SCHOOL DISTRICT FOR A PERIOD NOT TO EXCEED FOUR (4) WEEKS.
    21     (2)  DEVELOP A TRANSITION PLAN FOR THE STUDENT THAT INCLUDES
    22  ACADEMIC GOALS, IDENTIFIES SCHOOL AND COMMUNITY SERVICES
    23  APPROPRIATE TO THE NEEDS OF THE STUDENT AND ESTABLISHES TERMS
    24  AND CONDITIONS THE STUDENT MUST MEET PRIOR TO RETURNING TO THE
    25  REGULAR CLASSROOM.
    26     [(3)  PLACE THE STUDENT IN AN ALTERNATIVE EDUCATION PROGRAM
    27  AS DEFINED IN ARTICLE XIX-C, IN A PRIVATE ALTERNATIVE EDUCATION
    28  INSTITUTION AS DEFINED IN ARTICLE XIX-E, IN A GENERAL EDUCATION
    29  DEVELOPMENT PROGRAM OR IN A PROGRAM OPERATING AFTER THE
    30  TRADITIONAL SCHOOL DAY AS PROVIDED FOR IN THE TRANSITION PLAN
    20020H2644B4690                 - 33 -

     1  DEVELOPED PURSUANT TO CLAUSE (2).]
     2     (C)  THE TRANSITION PLAN DEVELOPED UNDER SUBSECTION (B)(2)
     3  MAY PROVIDE FOR THE STUDENT'S DIRECT RETURN TO A REGULAR
     4  CLASSROOM WHERE THE UNDERLYING OFFENSE DID NOT INVOLVE ANY OF
     5  THE FOLLOWING:
     6     (I)  POSSESSION OF A WEAPON.
     7     (II)  POSSESSION, USE OR SALE OF CONTROLLED SUBSTANCES AS
     8  DEFINED IN THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS
     9  "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT."
    10     (III)  POSSESSION, USE OR SALE OF ALCOHOL OR TOBACCO BY ANY
    11  PERSON ON SCHOOL PROPERTY.
    12     (IV)  AN ACT OF VIOLENCE AS DEFINED IN SECTION 1310-A(H).
    13     (D)  IN THE CASE OF A STUDENT WHOSE TRANSITION PLAN DOES NOT
    14  INCLUDE IMMEDIATE RETURN TO THE REGULAR CLASSROOM THE STUDENT
    15  SHALL BE PLACED IN ONE OF THE FOLLOWING AS PROVIDED FOR IN THE
    16  STUDENT'S TRANSITION PLAN:
    17     (1)  AN ALTERNATIVE EDUCATION PROGRAM AS DEFINED IN ARTICLE
    18  XIX-C.
    19     (2)  A PRIVATE ALTERNATIVE EDUCATION INSTITUTION AS DEFINED
    20  IN ARTICLE XIX-E.
    21     (3)  A GENERAL EDUCATION DEVELOPMENT PROGRAM.
    22     (4)  A PROGRAM OPERATING AFTER THE TRADITIONAL SCHOOL DAY.
    23     (E)  (1)  PRIOR TO THE RELEASE OF A STUDENT SUBJECT TO THIS
    24  SECTION FROM A RESIDENTIAL OR DAY TREATMENT PLACEMENT AS A
    25  RESULT OF BEING ADJUDICATED DELINQUENT UNDER 42 PA.C.S. CH. 63
    26  (RELATING TO JUVENILE MATTERS) OR RETURNING FROM INCARCERATION
    27  AS A RESULT OF HAVING BEEN ADJUDGED TO HAVE COMMITTED A CRIME
    28  UNDER AN ADULT CRIMINAL PROCEEDING, THE COURT SHALL PROVIDE TO
    29  THE PERSON DESIGNATED IN CHARGE OF THE SCHOOL DISTRICT'S
    30  TRANSITION CENTER THE INFORMATION REQUIRED IN THE SCHOOL
    20020H2644B4690                 - 34 -

     1  NOTIFICATION PROVISION UNDER 42 PA.C.S. § 6341(B.1) (RELATING TO
     2  ADJUDICATION).
     3     (2)  THE INFORMATION SHALL BE UPDATED BY THE COURT WITH
     4  INFORMATION PERTAINING TO TREATMENT REPORTS AND SUPERVISION
     5  PLANS OR ANY OTHER INFORMATION DEEMED NECESSARY BY THE
     6  TRANSITION PLAN AND ASSURE APPROPRIATE PLACEMENT OF THE STUDENT.
     7     SECTION 13.  SECTION 2595(F.2) OF THE ACT, ADDED JUNE 29,
     8  2002 (P.L.524, NO.88), IS AMENDED TO READ:
     9     SECTION 2595.  SCHOOL PERFORMANCE INCENTIVES.--* * *
    10     (F.2)  PURSUANT TO GUIDELINES ISSUED BY THE DEPARTMENT OF
    11  EDUCATION, UP TO TEN PERCENT (10%) OF THE ALLOCATION FOR SCHOOL
    12  PERFORMANCE FUNDING UNDER THIS SECTION MAY BE USED BY THE
    13  DEPARTMENT TO ESTABLISH AN INCENTIVE PROGRAM TO REWARD SCHOOL
    14  ENTITIES THAT SHOW IMPROVED ACADEMIC PERFORMANCE AS EVIDENCED BY
    15  [A DECLINE IN THE PERCENTAGE OF STUDENTS WHO SCORE BELOW THE
    16  BASIC LEVEL OF PROFICIENCY AS DEFINED BY 22 PA. CODE CH. 4
    17  (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT)] AN INCREASE IN
    18  THE PERCENTAGE OF STUDENTS WHO SCORE AT OR ABOVE THE LEVEL OF
    19  PROFICIENCY SET BY THE STATE BOARD OF EDUCATION TO MEET THE
    20  REQUIREMENTS OF SECTION 2603-B(D)(10)(I) AND WHO ARE IN
    21  DISAGGREGATED GROUPS, INCLUDING THE FOLLOWING:
    22     (1)  ECONOMICALLY DISADVANTAGED STUDENTS.
    23     (2)  STUDENTS FROM MAJOR RACIAL AND ETHNIC GROUPS.
    24     (3)  STUDENTS WITH DISABILITIES.
    25     (4)  STUDENTS WITH LIMITED ENGLISH PROFICIENCY.
    26     * * *
    27     SECTION 14.  ALTHOUGH THE CURRENT PROVISIONS OF ARTICLE XVII-
    28  A OF THE ACT REQUIRE SCHOOL DISTRICTS TO PROVIDE FOR THE
    29  TRANSPORTATION OF STUDENTS ENROLLED IN CHARTER SCHOOLS, THE
    30  PURPOSE OF THE AMENDMENT OF SECTION 1726-A OF THE ACT IS TO
    20020H2644B4690                 - 35 -

     1  CLARIFY THE CURRENT PROVISIONS OF ARTICLE XVII-A OF THE ACT
     2  REGARDING THE TRANSPORTATION OF SUCH STUDENTS.
     3     SECTION 7 15.  THE PROVISIONS OF SECTIONS 202 AND 1311 OF THE  <--
     4  ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
     5  ADMINISTRATIVE CODE OF 1929, ARE REPEALED AS TO THE THADDEUS
     6  STEVENS STATE COLLEGE OF TECHNOLOGY.
     7     SECTION 8.  THIS ACT SHALL TAKE EFFECT JULY 1, 2003.           <--
     8     SECTION 16.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:            <--
     9         (1)  THE AMENDMENT OR ADDITION OF SECTION 1524 AND
    10     ARTICLE XIX-B OF THE ACT SHALL TAKE EFFECT JULY 1, 2003.
    11         (2)  SECTION 15 OF THIS ACT SHALL TAKE EFFECT JULY 1,
    12     2003.
    13         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    14     IMMEDIATELY.











    D19L24DMS/20020H2644B4690       - 36 -
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