PRINTER'S NO. 1130
No. 965 Session of 2007
INTRODUCED BY FABRIZIO, ROEBUCK, BIANCUCCI, COHEN, CONKLIN,
CURRY, DALEY, EACHUS, FRANKEL, FREEMAN, GEORGE, GRUCELA,
HARHAI, HARKINS, HENNESSEY, HORNAMAN, JAMES, JOSEPHS, KORTZ,
KULA, MANN, McCALL, MELIO, MURT, PALLONE, PAYNE, PETRARCA,
PETRONE, SAINATO, SANTONI, SIPTROTH, M. SMITH, SOLOBAY,
STABACK, STURLA, SURRA, R. TAYLOR, WALKO, WANSACZ, YOUNGBLOOD
AND SHIMKUS, MARCH 29, 2007
REFERRED TO COMMITTEE ON EDUCATION, MARCH 29, 2007
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," providing for technical college
6 programs.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding an
11 article to read:
12 ARTICLE XIX-F.
13 TECHNICAL COLLEGE PROGRAMS.
14 Section 1901-F. Definitions.
15 The following words and phrases when used in this article
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
1 "Area vocational technical school" or "AVTS." The term as it
2 is defined under 22 Pa. Code § 4.3 (relating to definitions).
3 "Community education council." The term as it is defined
4 under section 1901-D.
5 "Department." The Department of Education of the
6 Commonwealth.
7 "Educationally underserved area." An area designated by the
8 Secretary of Education as an adult education, continuing
9 education and postsecondary education shortage area using
10 criteria which take into account special barriers to the
11 provision of education services.
12 "Eligible applicant." Any of the following:
13 (1) An institution of higher education.
14 (2) An institution of higher education in partnership
15 with any of the following:
16 (i) Another institution of higher education.
17 (ii) An AVTS.
18 (iii) A community education council.
19 (iv) An eligible private licensed school.
20 (v) Any combination of the entities listed under
21 this paragraph that partner with an institution of higher
22 education.
23 "Eligible private licensed school." A private licensed
24 school as the term is defined under section 2 of the act of
25 December 15, 1986 (P.L.1585, No.174), known as the Private
26 Licensed Schools Act, that is authorized to confer the degree of
27 Associate in Specialized Technology or Associate in Specialized
28 Business and is accredited by the Accrediting Commission of
29 Career Schools and Colleges of Technology or the Accrediting
30 Council for Independent Colleges and Schools.
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1 "Institution of higher education." Any of the following:
2 (1) An institution of the State System of Higher
3 Education created under Article XX-A.
4 (2) A community college created under Article XIX-A.
5 (3) The Pennsylvania State University, the University of
6 Pittsburgh, Temple University, Lincoln University and their
7 branch campuses.
8 (4) An institution as the term is defined under 24
9 Pa.C.S. § 6501(a) (relating to applicability of chapter) that
10 is accredited by the Middle States Commission on Higher
11 Education.
12 The term does not include an institution which is determined by
13 the Department of Education to be a theological seminary or
14 school of theology or a sectarian and denominational
15 institution.
16 "Lead sponsor." An institution of higher education which as
17 an eligible applicant receives approval to establish a technical
18 college program.
19 "Secretary." The Secretary of Education of the Commonwealth.
20 Section 1902-F. Establishment.
21 Technical college programs are established to create economic
22 opportunity by providing postsecondary occupational education
23 and training in educationally underserved areas of this
24 Commonwealth. Technical college programs shall prepare students
25 for occupations that require a postsecondary certificate or
26 associate degree and that demonstrate a high level of current
27 and projected work force demand in fields that require technical
28 knowledge and skill.
29 Section 1903-F. Procedures.
30 (a) Approval.--An eligible applicant may seek approval to
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1 establish a technical college program in accordance with
2 policies, standards, rules and regulations developed and
3 promulgated by the department.
4 (b) Contents of application.--The eligible applicant shall
5 submit its application in a form and manner prescribed by the
6 department. Each application shall include all of the following:
7 (1) Each program of study the eligible applicant seeks
8 to offer, along with the credential or credentials associated
9 with each.
10 (2) The projected enrollment for each program, both on a
11 head count and full-time equivalent basis.
12 (3) Designation of the educationally underserved area
13 the technical college program intends to serve.
14 (4) Evidence of collaboration with partners in industry,
15 elementary and secondary education and the community.
16 (5) Evidence of planning that includes a regional needs
17 analysis of postsecondary education and training.
18 (6) The results of a regional economic demand analysis
19 covering a five-year period that demonstrates the projected
20 need for the program or programs included in the application.
21 (7) Evidence of the ability to offer local support for
22 the program. Local support shall include use of building
23 space.
24 (8) Evidence of fiscal stability based on State payment
25 as provided under section 1907-F, student tuition as provided
26 under section 1906-F and other revenue available to the
27 eligible applicant, which shall be detailed in the
28 application.
29 (9) Evidence of the ability to provide academic support
30 necessary to maximize student success.
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1 (10) If applicable, status of program accreditation or
2 approval by appropriate professional entity.
3 (c) Priority criteria.--The department shall establish
4 priority criteria for evaluating the merit of technical college
5 program applications. Among other priorities established by the
6 department, priority in the selection process shall be given to
7 applicants who:
8 (1) Demonstrate a plan for and ability to serve
9 educationally and economically disadvantaged students,
10 including one or more of the following groups:
11 (i) Students with family income equal to or less
12 than 300% of the Federal poverty level.
13 (ii) Unemployed workers or displaced homemakers.
14 (iii) Individuals receiving or having received in
15 the last six months prior to the effective date of this
16 section temporary assistance for needy families.
17 (iv) Students who require assistance in meeting
18 entry requirements for offered programs.
19 (v) Working students, including full-time and part-
20 time workers.
21 (2) Provide access to remedial and developmental
22 coursework or that provide accelerated remediation.
23 Section 1904-F. Credentials and programs offered.
24 (a) Credentials.--Each technical college program shall
25 award, through the lead sponsor, credit-bearing certificates and
26 associate degrees. A technical college program shall award no
27 other degree or credential. Associate degrees awarded through a
28 technical college program shall be limited to one of the
29 following:
30 (1) An associate of arts degree.
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1 (2) An associate of sciences degree.
2 (3) An associate of applied sciences degree, if an
3 articulation agreement exists to enable the bearer of the
4 associate of applied sciences degree to transfer the degree
5 for full credit to an institution of higher education in
6 pursuit of a bachelor degree.
7 (b) Program of study.--Each credential must be associated
8 with an approved program of study. Programs of study shall be
9 based on Statewide and regional work force needs and shall be
10 selected from the list of eligible programs of study issued by
11 the department under section 1911-F. Each program shall be
12 designed to be completed in no more than two years for a full-
13 time student or an equivalent period for a part-time student.
14 (c) Expiration of program approval.--The department shall
15 grant approval for a technical college program to offer the
16 program of study for a period of five years. Prior to expiration
17 of program approval, a technical college program may seek
18 reapproval from the department or may seek approval for an
19 alternative program of study. All such requests shall be made in
20 accordance with the policies, standards, rules and regulations
21 prescribed by the department.
22 (d) Courses.--Each course included in an approved program
23 shall be offered for credit. No student that has met entrance
24 requirements shall be required to take courses separate from the
25 technical college program in order to complete the certificate
26 or associate degree. Courses may be offered by distance learning
27 to the extent that distance learning is an appropriate method of
28 delivering the content of the specific course, as described in
29 the application of an eligible applicant.
30 Section 1905-F. Enrollment.
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1 (a) Eligibility.--Persons who have earned a high school
2 diploma or equivalent and who meet the eligibility requirements
3 established for the technical college program under section
4 1910-F shall be eligible for enrollment if they have been
5 residents of this Commonwealth for at least 18 months prior to
6 enrollment. The department may prescribe standards for
7 determining the place of residence of students and applicants
8 for admission to technical college programs. Students who wish
9 to enroll in a technical college program but do not meet the
10 entrance requirements shall be referred to or offered the
11 remedial or developmental coursework necessary to meet the
12 entrance requirements and may be granted admission upon meeting
13 the entrance requirements as determined by the technical college
14 program.
15 (b) Priority.--Priority for enrollment shall be given to
16 residents of the educationally underserved area the technical
17 college program has been approved to serve.
18 (c) Limits on enrollment.--The full-time equivalent number
19 of enrolled students on whose behalf the technical college
20 program is eligible to receive State funding shall be limited to
21 the amount approved by the department.
22 Section 1906-F. Tuition and fees.
23 (a) Affordability.--A technical college program may charge
24 tuition and fees to enrolled students. The maximum tuition and
25 fees that a technical college program may charge shall be set by
26 the department and adjusted annually and shall be limited to
27 ensure the affordability of technical college programs for
28 students in educationally underserved areas.
29 (b) Limits on student charges.--A technical college program
30 shall not require any student charges, including application
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1 fees, lab fees and the like, beyond those approved by the
2 department.
3 (c) Financial aid.--A student enrolled in a technical
4 college program shall be eligible for publicly funded financial
5 aid opportunities in the same manner as similarly situated
6 students enrolled in the lead sponsor institution.
7 Section 1907-F. State payment.
8 (a) Payment.--The department shall make payment on behalf of
9 technical college programs to the extent funds are appropriated
10 by the General Assembly.
11 (b) Operating support.--The department shall, out of funds
12 appropriated for technical college programs, annually provide
13 each lead sponsor with operating funding for students enrolled
14 in the technical college program on a per-student basis. The
15 department shall be responsible for the allocation and
16 distribution of State funding among technical college programs.
17 (c) Grants for industry-specified equipment.--The department
18 shall, out of funds appropriated for technical college programs,
19 award grants for the purchase or lease of equipment that is
20 essential to the approved program, that will prepare students
21 for jobs in the field of study and that meet the requirements of
22 the department.
23 (d) Prohibition.--Payments made under this section shall not
24 be used for construction or purchase of space.
25 Section 1908-F. Transferability of credits.
26 (a) Programs offered.--Each program of study offered by a
27 technical college program shall be designed to maximize the
28 student's ability to transfer credits earned through a
29 certificate or associate degree program to another institution
30 of higher education.
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1 (b) Denial of transferability.--An institution of higher
2 education may not refuse to recognize and award credit based
3 solely upon the fact that the credit was earned through a
4 technical college program.
5 Section 1909-F. Annual reporting.
6 (a) Annual report.--A technical college program shall submit
7 an annual report to the department. The annual report shall
8 include all of the following:
9 (1) Demographic and program data, including all of the
10 following:
11 (i) Information on full-time and part-time faculty
12 and student enrollments, in total and within each program
13 of study.
14 (ii) Credit hours taught by faculty.
15 (iii) Distance learning courses offered.
16 (iv) Articulation and course equivalency agreements
17 with higher education institutions.
18 (2) Student progress and achievement measures, including
19 all of the following:
20 (i) Retention and completion rates.
21 (ii) Passing rates on certification and licensure
22 examinations.
23 (iii) Number of students employed within one year of
24 program completion.
25 (iv) Placement into additional education or
26 employment in the student's field of study.
27 (b) Disaggregation.--Where available, data shall be
28 disaggregated by categories, including eligibility for financial
29 aid, part-time and full-time status, gender, race and age.
30 (c) Submittal.--Reports required under this section shall be
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1 submitted prior to September 1, 2008, and September 1 of each
2 year thereafter.
3 Section 1910-F. Duties of lead sponsor.
4 (a) Duties.--A lead sponsor of a technical college program
5 shall be required to do all of the following:
6 (1) Grant certificates and associate degrees to students
7 who have completed a program of study through the technical
8 college program.
9 (2) Provide oversight of the technical college program
10 through the governance entity of the lead sponsor.
11 (3) Establish for students entrance requirements which
12 adhere to guidelines issued by the department.
13 (4) Administer the technical college program on a not-
14 for-profit basis and submit annual financial information as
15 required by the department.
16 (5) Provide for faculty, curriculum and necessary
17 equipment to ensure consistently high quality for each
18 program of study.
19 (b) Partnerships.--A lead sponsor of a technical college
20 program that enters into a partnership with another applicant
21 shall maintain final responsibility for the duties enumerated
22 under subsection (a).
23 Section 1911-F. Duties of department.
24 (a) Powers.--The department shall have the power and its
25 duty shall be to do all of the following:
26 (1) Adopt policies, standards, rules and regulations, in
27 consultation with the Department of Labor and Industry,
28 necessary to establish an application process for technical
29 college programs and a process for approving, reapproving and
30 evaluating on an ongoing basis the technical college
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1 programs.
2 (2) In consultation with the Department of Labor and
3 Industry, issue an annual list of approved fields of study
4 for new programs and consider requests for approval of
5 programs of study that are not included on the annual list,
6 if each request includes evidence of collaboration with
7 employers, information as to the nature of the proposed
8 program and evidence as to how the program will increase work
9 force opportunities for participants.
10 (3) In consultation with the Department of Labor and
11 Industry, promulgate guidelines and approve or disapprove
12 applications for the equipment grant program established
13 under section 1907-F(c).
14 (4) Approve or disapprove applications from eligible
15 applicants to establish a technical college program and to
16 establish programs of study.
17 (5) Approve or disapprove applications on behalf of a
18 technical college program to establish new programs of study
19 and to seek reapproval for existing programs of study.
20 (6) Formulate policies, standards, rules and regulations
21 necessary to ensure the academic integrity of the technical
22 college program with respect to curriculum, instruction,
23 faculty and other issues as determined by the department.
24 (7) Formulate policies, standards, rules and regulations
25 necessary to provide for the distribution of State funding,
26 including the setting of a per-student payment rate which may
27 be adjusted annually.
28 (8) Annually evaluate each technical college program and
29 each program of study offered by a technical college.
30 (9) Designate educationally underserved areas.
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1 (10) Issue guidelines providing for student entrance
2 requirements.
3 (11) Set limits on enrollment eligible for State funding
4 and establish an annual process for technical college
5 programs to seek adjustments to enrollment limits, which the
6 department shall approve or reject.
7 (12) Set and adjust limits on student tuition and fees.
8 Section 1912-F. Promulgation of standards.
9 Within 30 days of the effective date of this section, the
10 department shall promulgate interim standards necessary to
11 implement this article which shall be published in the
12 Pennsylvania Bulletin. The interim standards shall not be
13 subject to review under the act of June 25, 1982 (P.L.633,
14 No.181), known as the Regulatory Review Act, nor shall they be
15 subject to sections 201 through 205 of the act of July 31, 1968
16 (P.L.769, No.240), referred to as the Commonwealth Documents
17 Law, or section 204 of the act of October 15, 1980 (P.L.950,
18 No.164), known as the Commonwealth Attorneys Act. Within one
19 year of publication of the interim standards in the Pennsylvania
20 Bulletin, the department shall promulgate proposed standards.
21 The interim standards shall remain in effect until the effective
22 date of the final standards.
23 Section 1913-F. Prohibition.
24 A student enrolled in a technical college program shall not
25 count toward the enrollment of the lead sponsor or any other
26 eligible applicant for purposes of State reimbursement or
27 payment under any appropriation for higher education.
28 Section 2. This act shall take effect July 1, 2007, or
29 immediately, whichever is later.
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