THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA AND DINNIMAN, MAY 27, 2009

SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 30, 2009   

AN ACT

Providing for tuition controls on Commonwealth colleges and

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universities and for duties of the Pennsylvania Higher

Education Assistance Agency; and making a related repeal.

Providing for the establishment of the Tuition Control Study

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Commission to study tuition controls on Commonwealth colleges

and universities; and requiring the commission to issue a

report of its findings to the General Assembly.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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This act shall be known and may be cited as the Affordability

and Accountability in Higher Education Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency."  The Pennsylvania Higher Education Assistance

Agency.

Section 3.  Limitations.

(a)  Tuition.--Any increase in the tuition of a college or

university that receives a State appropriation may not be

greater than the percentage increase in the Consumer Price Index

published by the United States Department of Labor, Bureau of

Labor Statistics, in July of the year in which the appropriation

is received. If a college or university fails to comply with

this subsection, any moneys appropriated by the General Assembly

to the college or university are subject to recovery by the

Commonwealth and shall be repaid by the college or university to

the State Treasurer.

(b)  Dual enrollment.--A college or university that receives

a State appropriation or an assistance grant under the act of

July 18, 1974 (P.L.483, No.174), known as The Institutional

Assistance Grants Act, must permit eligible high school students

to participate in a program of dual enrollment on a

space-available basis in accordance with regulations promulgated

by the State Board of Education. The State Board of Education

shall promulgate regulations under this subsection within six

months of the effective date of this section.

(c)  Independent colleges and universities.–-Any increase in

tuition of a student who receives a grant from the agency and

attends an independent college or university that receives an

assistance grant under The Institutional Assistance Grants Act

may not be greater than the percentage increase in the Consumer

Price Index published by the United States Department of Labor,

Bureau of Labor Statistics, in July of the year in which the

college or university received the assistance grant. If a

college or university fails to comply with this subsection:

(1)  The college or university shall be denied status as

an eligible institution under The Institutional Assistance

Grants Act. 

(2)  Students attending the college or university are

ineligible to receive an agency grant.

Section 4.  Agency duties.

The agency shall promulgate regulations that:

(1)  Ensure that each Commonwealth recipient of an agency

grant maintains a cumulative grade point average of 2.0 or

higher, on a scale of 4.0, or its equivalent, as certified by

the college or university in which the student is enrolled,

to continue to be eligible for an agency grant.

(2)  Provide that a recipient of an agency grant may

receive a grant for no more than eight consecutive semesters

of undergraduate coursework.

Section 5.  Repeals.

(a)  Intent.--The General Assembly declares that the repeal

under subsection (b) is necessary to effectuate the provisions

of this act.

(b)  Provision.--Article XVI-B of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

repealed.

Section 6.  Effective date.

This act shall take effect immediately.

Section 1.  Short title.

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This act shall be known and may be cited as the Tuition

Control Study Commission Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The Tuition Control Study Commission

established in section 3.

Section 3.  Tuition Control Study Commission.

(a)  Establishment.--The Tuition Control Study Commission is

established as an independent commission to examine the costs of

college education for students in all sectors of higher

education in this Commonwealth and to determine means by which

the Commonwealth may authorize controls on annual tuition

increases.

(b)  Members.--The commission shall consist of the following

members:

(1)  The chairman and minority chairman of the Education

Committee of the Senate and the chairman and minority

chairman of the Education Committee of the House of

Representatives.

(2)  The Secretary of Education.

(3)  The Chairman of the State Board of Education.

(4)  The chief executive of the Pennsylvania Higher

Education Assistance Agency.

(5)  Four appointments by the Chairman of the State Board

of Education, one each for the four sectors of higher

education representing the State System of Higher Education,

State-related universities, community colleges and

independent colleges and universities.

(6)  Two current students of a college or university in

this Commonwealth appointed by the Governor.

(c)  Appointment.--Members of the commission shall be

appointed within 30 days of the effective date of this act. Any

vacancy on the commission shall be filled by the original

appointing officer or agency.

(d)  Chair.--The Chairman of the State Board of Education

shall serve as the chair of the commission. The first meeting of

the commission shall be convened no later than 60 days after the

effective date of this act.

(e)  Meetings.--The commission shall hold meetings at the

call of the chair. The commission may also hold public hearings

on the matters to be considered by the commission at locations

throughout this Commonwealth. All meetings and public hearings

of the commission shall be deemed public meetings for the

purposes of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(f)  Quorum.--Seven members of the commission shall

constitute a quorum at any meeting. Each member of the

commission may designate another person to represent that member

at meetings of the commission.

(g)  Expense reimbursement.--The commission members shall

receive no compensation for their services but shall be

reimbursed for all necessary travel and other reasonable

expenses incurred in connection with the performance of their

duties as members.

(h)  Administrative support.--The staff of the State Board of

Education shall provide administrative support, office space and

any other assistance required by the commission to carry out its

duties under this act. Whenever possible, the commission shall

utilize the services and expertise of existing State government

personnel, and to this end the Governor, the President pro

tempore of the Senate, the Minority Leader of the Senate and the

Speaker of the House of Representatives shall make such

personnel and staff available to the commission to the fullest

extent commensurate with the performance of their other duties.

The Department of Education and the Pennsylvania Higher

Education Assistance Agency shall also provide such

administrative and research support as needed by the commission.

Section 4.  Duties of commission.

The commission shall have the following powers and duties:

(1)  To evaluate all legal and practical mechanisms to

provide for tuition controls in higher education.

(2)  To consider the Consumer Price Index and other

annual or multiannual inflationary indexes as measurement

tools to quantify allowable tuition increase levels each

year.

(3)  To review other states' actions and policies and

their impacts on tuition costs in those states.

(4)  To take into account the assessment of fees and

other costs not associated with tuition and provide

reasonable assurances that a tuition control does not

escalate these costs unnecessarily.

(5)  To respect the unique nature of this Commonwealth's

four sectors of higher education and the individualized

concerns of each sector.

(6)  To consider reasonable and limited exceptions to

tuition controls if necessary.

(7)  In addition to tuition controls, to review and

recommend any other practical methods to assist in keeping

college affordable for students attending schools of higher

education in this Commonwealth.

Section 5.  Report.

The commission shall issue a report of its findings and

recommendations to the Governor, the President pro tempore of

the Senate, the Minority Leader of the Senate, the Speaker of

the House of Representatives, the Minority Leader of the House

of Representatives, the chairman and the minority chairman of

the Education Committee of the Senate and the chairman and the

minority chairman of the Education Committee of the House of

Representatives no later than December 31, 2009.

Section 6.  Effective date.

This act shall take effect immediately.