AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for the definition
6of "community college," for powers and duties of State Board
7of Education and Board of Trustees, for degrees and for
8dissolution of certain community colleges.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 1901-A(4) of the act of March 10, 1949
12(P.L.30, No.14), known as the Public School Code of 1949,
13amended July 13, 2005 (P.L.226, No.46), is amended to read:

14Section 1901-A. Definitions.--The following words and
15phrases, as used in this article, shall, unless a different
16meaning is plainly required by the context, have the following
17meaning:

18* * *

19(4) "Community college" shall mean a public college or
20technical institute which is established and operated in

1accordance with the provisions of this act by a local sponsor
2which provides a two-year, four-year, postsecondary, college-
3parallel, terminal-general, terminal-technical, out-of-school
4youth or adult education program or any combination of these.
5The community college may also provide area vocational-technical
6education services and credit, nonremedial college courses to
7secondary senior high school students.

8* * *

9Section 2. Sections 1902-A(a)(1), 1905-A(a) and 1912-A of
10the act, added July 1, 1985 (P.L.103, No.31), are amended to
11read:

12Section 1902-A. Powers and Duties of State Board of
13Education.--(a) The State Board of Education shall have the
14power, and its duty shall be:

15(1) To adopt such policies, standards, rules and regulations
16formulated by the Council of Higher Education, as may be
17necessary to provide for the establishment, operation and
18maintenance of community colleges, including minimum
19requirements for physical facilities and equipment, curriculum,
20faculty, standards and professional requirements, qualifications
21for admission and advancement of students, student enrollment,
22student population of the area to be served by the community
23college, requirements for satisfactory completion of a two-year
24or four-year program and the degrees or diplomas or certificates
25to be awarded therefor, means of financing and financial
26resources for the establishment and support of the community
27college, standards under which the State Board of Education may 
28allow a community college to offer baccalaureate degrees and 
29standards under which the State Board of Education shall 
30determine the baccalaureate degrees a community college may be
 

1allowed to offer and all matters necessary to effectuate the
2purposes of this act.

3* * *

4Section 1905-A. Powers and Duties of Board of Trustees.--(a)
5The affairs of any community college established under this act
6shall be administered and supervised by a board of trustees.
7Subject to any law and to any policies, standards, rules and
8regulations adopted by the State Board of Education provided for
9community colleges, the board shall, for the purpose of
10establishing, operating and maintaining a community college,
11have the power, and its duty shall be:

12(1) To appoint and fix the salary of a president.

13(2) To hold, rent, lease, sell, purchase and improve land,
14buildings, furnishings, equipment, materials, books and
15supplies.

16(3) To enter into contracts for services with schools,
17colleges or universities, or with school districts or
18municipalities, to effectuate the purposes of this act.

19(4) To accept and receive gifts of real and personal
20property and Federal, State and local moneys and grants, and to
21expend the same.

22(5) To make policies providing for the admission and
23expulsion of students, the degrees to be offered, the courses of
24instruction, the tuition and fees to be charged and for all
25matters related to the government and administration of the
26college.

27(6) To submit to the State Board of Education for its
28approval proposed amendments to the community college plan,
29including any proposal to offer baccalaureate degrees pursuant 
30to section 1912-A(b).

1(7) To enter into contracts for services to high schools of
2member districts to provide area vocational-technical education
3services.

4(8) To exercise such other powers and perform such other
5duties as are necessary to carry into effect the purposes of
6this act.

7* * *

8Section 1912-A. Degrees.--(a) The State Board of Education
9shall prescribe the types of diplomas, certificates or degrees
10that may be granted students who complete post-secondary
11education courses in community colleges.

12(b) (1) Upon request by an established community college to
13amend its community college plan to allow the community college
14to offer baccalaureate degree programs, the State Board of
15Education may allow a community college to offer baccalaureate
16degree programs where the State Board of Education determines
17that both of the following apply:

18(i) The community college:

19(A) is located in a rural geographic area of this
20Commonwealth;

21(B) is located in a geographic area that is underserved by
22other colleges or universities offering baccalaureate degrees;
23or

24(C) seeks to offer a baccalaureate degree program that is
25not offered by any other college or university serving the
26geographic area in which the community college is located; and

27(ii) The board of trustees of the community college has
28demonstrated that each local sponsor of the community college
29has approved the request by resolution adopted by a majority
30vote at a public meeting of the local sponsor.

1(2) In approving the request of a community college to offer
2baccalaureate degree programs pursuant to this subsection, the
3State Board of Education shall specify the baccalaureate degree
4programs the community college is allowed to offer.

5(3) The State Board of Education shall promulgate
6regulations pursuant to the act of June 25, 1982 (P.L.633,
7No.181), known as the "Regulatory Review Act," in order to
8implement this subsection.

9Section 3. Section 1914-A(c) of the act, added June 22, 2001
10(P.L.530, No.35), is amended to read:

11Section 1914-A. Dissolution of Certain Community Colleges.--
12* * *

13(c) The corporate successor of a dissolved community college
14shall continue to have the authority to grant baccalaureate 
15degrees, associate degrees and certificates in those programs in
16which the dissolved community college had the authority to grant
17degrees during the last complete school year of operation as a
18community college. If a corporate successor desires to offer
19additional associate degree programs, it must apply to the
20Department of Education to obtain approval in accordance with
21applicable regulations. If a corporate successor desires to
22offer additional certificates, it shall apply for licensure to
23the State Board of Private Licensed Schools. [A corporate
24successor of a dissolved community college is not authorized to
25award baccalaureate degrees.] If a corporate successor desires 
26to offer baccalaureate degree programs, it must apply to the 
27State Board of Education pursuant to section 1912-A(b).

28* * *

29Section 4. This act shall take effect in 60 days.