Regular Session 2015-2016 House Bill 0831 P.N. 0999

PRINTER'S NO. 999

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

831

Session of

2015

INTRODUCED BY HARKINS, V. BROWN, SCHLOSSBERG, JAMES, DeLUCA,

LONGIETTI, BIZZARRO, COHEN, D. COSTA, MURT, ROEBUCK, RADER

AND SONNEY, MARCH 24, 2015

REFERRED TO COMMITTEE ON EDUCATION, MARCH 24, 2015

AN ACT

Authorizing the Department of Education, on behalf of the

Commonwealth, to enter into a state authorization reciprocity

agreement in order to allow participating institutions to

offer courses or degrees through distance education.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

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

Education Reciprocity 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:

"Department." The Department of Education of the

Commonwealth.

"Distance education." Technology-mediated instruction where

education is provided primarily or in part through the use of

teleconferencing, video-conferencing, the Internet or other

offsite-based media.

"Home state." The state which regulates each participating

institution of higher education and its distance education

programs, as defined in the state authorization reciprocity

agreement.

"Participating institution." Any postsecondary college or

university which offers courses or degrees through distance

education and is chartered or approved by the department,

including:

(1) A community college which is an institution in

existence on the effective date of this section or that is

established under Article XIX-A of the act of March 10, 1949

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

the act of August 24, 1963 (P.L.1132, No.484), known as the

Community College Act of 1963.

(2) An independent institution of higher education which

is an institution of higher education that is operated not

for profit, located in this Commonwealth and incorporated or

chartered by the Commonwealth, entitled to confer degrees as

set forth in 24 Pa.C.S. § 6505 (relating to power to confer

degrees) and entitled to apply to itself the designation

"college" or "university" as provided for by standards and

qualifications prescribed by the State Board of Education

under 24 Pa.C.S. Ch. 65 (relating to private colleges,

universities and seminaries).

(3) A State-owned university.

(4) A State-related university.

(5) A degree-granting private school licensed under the

act of December 15, 1986 (P.L.1585, No.174), known as the

Private Licensed Schools Act.

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"Participating institution agreement." An agreement which

each participating institution is required to sign in order to

take advantage of the reciprocal approvals granted by other

states participating in the current or any future similar

national reciprocity arrangement.

"Physical presence." An on-going occupation of a physical

location for instructional purposes or maintenance of an

administrative office to facilitate instruction.

"State." Any state, commonwealth, district or territory of

the United States which is a participant in good standing in the

current or future state authorization agreements.

"State authorization reciprocity agreement." The voluntary

agreement that establishes reciprocity between willing states

for approval of postsecondary education services delivered by

distance education beyond state boundaries.

Section 3. Authorization.

The department, on behalf of the Commonwealth, is authorized

to enter into the state authorization reciprocity agreement for

the purpose of authorizing and allowing any participating

institution for which this Commonwealth is the home state to

provide distance education in other states in accordance with

the terms of the state authorization reciprocity agreement. The

department shall be the lead agency in coordinating interstate

reciprocity for distance education for participating

institutions in this Commonwealth.

Section 4. Exemption.

An institution is exempt from provisions of 24 Pa.C.S.

(relating to education) and any applicable provisions of 22 Pa.

Code (relating to education) if the institution meets the

following requirements:

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(1) The institution is chartered and accredited in a

state which also participates in the state authorization

reciprocity agreement.

(2) The institution has been approved to participate in

the state authorization reciprocity agreement by its home

state and other entities with oversight of such agreements.

(3) The institution has elected to participate in and

operate in compliance with the terms of a participating

institution agreement.

Section 5. Applicability.

This act applies only to distance education programs and does

not affect other approvals of institutions or programs required

under the act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949, nor does it affect any exemptions of

institutions or programs provided for by the Public School Code

of 1949 in this Commonwealth. No additional requirements shall

be established for a participating institution in this

Commonwealth.

Section 6. Funding.

(a) Fees authorized.--

(1) The department may establish and collect a fee from

participating institutions in this Commonwealth in order to

reimburse the department for the cost of entering into the

interstate compact.

(2) Reasonable fees to cover the administrative cost of

this act shall be imposed upon participating institutions in

this Commonwealth to cover the department's implementation

costs and shall be deposited in the General Fund.

(b) Limitation.--In accordance with the state authorization

reciprocity agreement, no fees may be imposed upon out-of-state

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reciprocity agreement participants.

Section 7. Effective date.

This act shall take effect in 60 days.

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