H2171B3915A06364 MSP:JSL 06/22/20 #90 A06364
AMENDMENTS TO HOUSE BILL NO. 2171
Sponsor: SENATOR TOMLINSON
Printer's No. 3915
Amend Bill, page 1, lines 1 through 11, by striking out all
of said lines and inserting
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in the State System of Higher
Education, further providing for definitions, for
establishment of the State System of Higher Education and its
institutions, for purposes and general powers, for project
contracts, for board of governors, for the chancellor, for
powers and duties of the board of governors, for councils of
trustees, for powers and duties of councils of trustees and
for power and duties of institution presidents, for rental
fees and other charges, for annual report and for campus
police powers and duties and providing for student records.
Amend Bill, page 1, lines 14 through 20; pages 2 through 13,
lines 1 through 30; page 14, lines 1 through 24; by striking out
all of said lines on said pages and inserting
Section 1. Section 2001-A(1) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended and the section is amended by adding paragraphs to read:
Section 2001-A. Definitions.--The following words and
phrases when used in this article shall, for the purpose of this
article, have the following meanings, respectively, except in
those instances where the context clearly indicates a different
meaning:
(1) "Affiliated entity" shall mean a private nonprofit
corporation with the sole purpose of benefiting the State System
of Higher Education or a State-owned university.
[(1)] (1.1) "Board" shall mean the Board of Governors of the
State System of Higher Education.
* * *
(6.1) "Education record" shall have the same meaning as in
the Family Educational Rights and Privacy Act of 1974 (Public
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Law 90-247, 20 U.S.C. § 1232g).
* * *
Section 2. Section 2002-A of the act is amended to read:
Section 2002-A. Establishment of the State System of Higher
Education and its Institutions.--(a) Subject to the regulatory
powers conferred by law upon the State Board of Education, there
is hereby established a body corporate and politic constituting
a public corporation and government instrumentality [which
shall] to be known as the State System of Higher Education,
independent of the Department of Education, hereinafter referred
to as the system, which is granted sovereign immunity and
official immunity pursuant to 1 Pa.C.S. § 2310 (relating to
sovereign immunity reaffirmed and specific waiver) and which
shall consist of the following institutions and such other
institutions, presently existing [or newly created, as may
hereafter be admitted by the board in concurrence with other
agencies as required by law] or until changed as provided under
subsections (a.1), (a.2), (a.3), (a.4), (a.5) and (a.6):
(1) Bloomsburg State College;
(2) California State College;
(3) Cheyney State College;
(4) Clarion State College;
(5) East Stroudsburg State College;
(6) Edinboro State College;
(7) Indiana University of Pennsylvania;
(8) Kutztown State College;
(9) Lock Haven State College;
(10) Mansfield State College;
(11) Millersville State College;
(12) Shippensburg State College;
(13) Slippery Rock State College; and
(14) West Chester State College.
(a.1) In accordance with section 2006-A(a)(18), the board
shall develop policies and procedures by which the board may
create, expand, consolidate, transfer or affiliate an
institution. Before the creation, expansion, consolidation,
transfer or affiliation of an institution, the board shall
direct the chancellor, in consultation with the board, to
conduct a review of the financial stability of any impacted
institution utilizing student support metrics, student success
metrics and other financial metrics and develop a report and
recommendations related to the need for the board to exercise
the board's powers under section 2006-A(a)(18). The report and
recommendation shall include, but not be limited to, an analysis
of the following:
(1) Enrollment trends.
(2) Projections of revenues and expenditures for the current
year and the next five (5) years, both assuming the continuation
of present operations and as impacted by any recommendation for
the board to exercise the board's powers under section 2006-A(a)
(18).
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(3) Assets, liabilities and institutional reserves.
(4) Actions undertaken to improve the financial stability of
the institution and the financial impact of those actions.
(5) Additional actions that could be taken to improve the
financial stability of the institution, the projected financial
impact of those actions and whether those actions would
alleviate the need for the board to exercise the board's powers
under section 2006-A(a)(18).
(6) The financial impact on the institution and the system
if no action is taken by the board to exercise the board's
powers under section 2006-A(a)(18).
(7) The financial impact on the surrounding community of the
institution if action is taken by the board to exercise the
board's powers under section 2006-A(a)(18).
(8) Impacts on affiliated entities and any donor
restrictions on the use of non-State-appropriated funds.
(a.2) Upon the board's receipt of the report and
recommendation, the chancellor shall develop a proposed
implementation plan. The proposed implementation plan shall
include the following information:
(1) Description of the proposal to exercise powers under
section 2006-A(a)(18).
(2) Rationale, goals and objectives of the proposal to
exercise powers under section 2006-A(a)(18).
(3) Method for evaluating achievement of goals and
objectives.
(4) Relation of the proposal to the mission and strategic
plan of the institution and system as a whole.
(5) Impacts on academic programs, nonacademic units and
accreditation.
(6) Impacts on students, faculty and staff.
(7) Impacts on the community.
(8) Impacts on shared governance.
(9) Before and after organizational charts for all impacted
institutions.
(10) Information included in the chancellor's report and
recommendation under subsection (a.1).
(11) Timeline for the implementation plan.
(a.3) The proposed implementation plan shall be approved by
a majority vote of the board. If the board rejects the proposed
implementation plan, the chancellor may amend the proposal and
present it to the board for reconsideration and approval by a
majority vote of the board. Within fourteen (14) days after
approval of the proposed implementation plan , the board shall do
the following:
(1) Transmit a copy of the proposed implementation plan to
the following:
(i) chairperson and minority chairperson of the
Appropriations Committee of the Senate;
(ii) chairperson and minority chairperson of the Education
Committee of the Senate;
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(iii) chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives; and
(iv) chairperson and minority chairperson of the Education
Committee of the House of Representatives.
(2) Make the proposed implementation plan available for
review and solicit public comment for a period of not less than
sixty (60) days.
(a.4) The board shall consult with stakeholders, including
faculty, staff, students and administrators, and hold at least
two (2) public hearings as part of the public comment period
under subsection (a.3)(2). After the public comment period and
before any action may be taken pursuant to section 2006-A(a)
(18), the board shall consider comments made by stakeholders
during the public comment period and present an implementation
plan at a public meeting subject to the approval by two-thirds
of the board. If the board votes to approve the implementation
plan, the board shall, within fourteen (14) days, transmit a
copy of the final implementation plan to the following:
(1) Chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(2) Chairperson and minority chairperson of the Education
Committee of the Senate.
(3) Chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(4) Chairperson and minority chairperson of the Education
Committee of the House of Representatives.
(a.5) The timeline for implementation to be completed as
described in the final implementation plan shall be no earlier
than twelve (12) months from the date of the issuance of the
proposed implementation plan.
(a.6) For any final implementation plan approved by the
board under subparagraph (a.4), the chancellor shall report on a
quarterly basis in person to the chairperson and minority
chairperson of the Appropriations Committee of the Senate, the
chairperson and minority chairperson of the Education Committee
of the Senate, the chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives and the
chairperson and minority chairperson of the Education Committee
of the House of Representatives information detailing the
actions taken, actions planned to be taken in the next quarter
and progress made toward implementing the goals of the plan on
the respective universities. Within fifteen (15) days of the
issuance of a report to the chairpersons, the chancellor shall
present the report at a joint public hearing of the
Appropriations Committee of the Senate and the Education
Committee of the Senate and a joint public hearing of the
Appropriations Committee of the House of Representatives and the
Education Committee of the House of Representatives. A report
under this subsection shall continue until the plan has been
fully implemented. A report shall include, but is not limited
to, the following information:
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(1) An overview of the financial position of the respective
universities at the time of plan approval and at the time of the
report.
(2) The operating budget and total budget for each
university at the time of plan approval and at the time of the
report.
(3) The estimated amount of expenditures needed to support
plan implementation at the time of plan approval and the
cumulative amount of expenditures made to support plan
implementation at the time of the report.
(4) The applicable organizational charts at the time of plan
approval and at the time of the report.
(5) Full-time enrollments at the time of plan approval and
at the time of the report.
(6) Graduation outcomes at the time of plan approval and at
the time of the report.
(7) The cost of tuition, room and board and fees at the time
of plan approval and at the time of the report.
(8) The average cost of attendance at the time of plan
approval and at the time of the report.
(9) The number of faculty and nonfaculty employes at the
time of plan approval and at the time of the report.
(10) The number of faculty and nonfaculty employes by
location at the time of plan approval and at the time of the
report.
(11) Each impact to faculty and nonfaculty employe staffing,
including, but not limited to, separations, reductions in force,
reclassifications of job responsibilities or roles or
reassignments to other universities within the system. The
notification under this paragraph shall include an estimated
financial impact for the current and subsequent two fiscal
years.
(12) The faculty to student ratio and the faculty and
nonfaculty employe to student ratio at the time of plan approval
and at the time of the report.
(13) A list of academic programs that have been terminated
or consolidated and an explanation of the reasons for
termination or consolidation.
(14) A list of new academic programs that have been approved
and an explanation of the need for the programs.
(15) The number of academic programs by location at the time
of plan approval and at the time of the report.
(16) A list of property that is for sale or has been sold
and the value of the proceeds from the sale.
(17) A list of administrative service consolidations and the
value of savings resulting from the consolidations.
(18) A list outlining concerns related to the implementation
of the plan on the community and affiliated organizations.
(19) Any other information as requested by the chairpersons
enumerated under this subsection.
(b) Each of the said institutions shall hereafter be known
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as the (Name) University of Pennsylvania of the State System of
Higher Education, except for Indiana University of Pennsylvania,
which shall retain its name. As successor institutions to the
State Normal Schools, appropriations for their operation are
ordinary expenses of government, requiring only a majority vote
of each House of the General Assembly. The State System of
Higher Education shall have the same preferred status for
appropriations as is enjoyed by its constituent institutions.
State funds appropriated to the system shall be allocated to the
individual institutions on a formula based on, but not limited
to, such factors as enrollments, degrees granted and programs.
Section 3. Sections 2003-A(a) and (d) and 2003-A.1(d) and
(f) of the act are amended to read:
Section 2003-A. Purposes and General Powers.--(a) The State
System of Higher Education shall be part of the Commonwealth's
system of higher education. Its purpose shall be to provide high
quality education at the lowest possible cost to [the] students.
The primary mission of the system is the provision of
instruction for undergraduate and graduate students to and
beyond the master's degree in the liberal arts and sciences and
in applied fields, including the teaching profession. Graduate
instruction at the doctoral level, except for doctoral programs
provided for in the act of December 16, 1965 (P.L.1113, No.430),
known as the "Indiana University of Pennsylvania Act," only may
be offered jointly with Indiana University or an institution
chartered to offer work at the doctoral level. Programs of
research and service may be provided which are approved by the
Board of Governors, and which are consistent with the primary
mission of the system. Each institution shall provide
appropriate educational facilities, student living facilities
and such other facilities as deemed necessary by the board.
* * *
(d) The system may [enter into an agreement with any entity
for the cooperative use of supplies or services.] participate
in, sponsor, conduct or administer cooperative use or purchasing
agreements. All purchases and agreements made pursuant to this
subsection shall [be the result of a system of competitive
bidding and in accordance with the laws of this Commonwealth.]
be made in accordance with 62 Pa.C.S. § 1902 (relating to
cooperative purchasing authorized).
Section 2003-A.1. Project Contracts.--* * *
[(d) The power and authority granted by this section shall
not be exercised by the system, the board or an institution for
a project to modify, repair or renovate any facility erected by
the Department of General Services unless prior written notice
setting forth the nature, scope, extent and description of such
project has been given to the Department of General Services.]
(f) The system is authorized to transfer and convey any
easements or licenses [necessitated by any construction project
which has been previously authorized by the board] as necessary.
Section 4. Section 2004-A(a)(7) and (b) of the act are
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amended, subsection (a) is amended by adding a paragraph and the
section is amended by adding a subsection to read:
Section 2004-A. Board of Governors.--(a) The system shall
be governed and all of its corporate powers exercised by the
Board of Governors, which shall consist of twenty (20) members
to be appointed as follows:
* * *
(7) [Fourteen (14) members shall be appointed by the
Governor with the advice and consent of the Senate of which six
(6) shall be selected from the citizens of the Commonwealth.
Three (3) members of the fourteen (14) shall be students whose
terms shall expire upon graduation, separation or failure to
maintain good academic standards at their institution and five
(5) of the fourteen (14) shall be trustees of constituent
institutions, however, no more than one trustee representing a
constituent institution. The student members shall be selected
from the presidents of the local campus student government
associations, or their local equivalent.] Eleven (11) members
shall be appointed by the Governor with the advice and consent
of the Senate of which six (6) members shall be selected from
the residents of this Commonwealth and five (5) members shall be
selected from trustees of constituent institutions, except that
no more than one trustee may represent a constituent
institution.
(8) Three (3) of the members shall be students appointed by
the board under section 2006-A(a)(17). The student members shall
be selected with the advice and consent of institution
presidents. A student's term shall expire upon graduation,
separation or failure to maintain good academic standing at the
institution in which the student is enrolled.
(b) All members of the board appointed by the Governor[,
except for the students,] shall serve for terms of four (4)
years. The Governor and Secretary of Education shall serve so
long as they continue in office. Members of the board appointed
from the General Assembly shall serve a term of office
concurrent with their respective elective terms as members of
the General Assembly.
* * *
(d.1) A student board member appointed under subsection (a)
(8) may be removed by the board.
* * *
Section 5. Section 2005-A(4) of the act is amended to read:
Section 2005-A. The Chancellor.--The chief executive officer
of the system shall be a chancellor, who shall be employed by
the board in accordance with clause (1) of section 2006-A. In
addition to those prescribed by the board, the chancellor shall
have the following duties:
* * *
(4) The chancellor shall assist the board in its appointment
of the presidents for the constituent institutions by submitting
to the board the name or names of individuals recommended by the
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council of trustees [of the appropriate constituent institution
who shall involve students, faculty and alumni in the interview
and selection process used to formulate their recommendation].
The chancellor shall submit to the board the recommended salary
and other proposed terms of each such appointment. The board
shall have the right to refuse the recommendation of the local
council and to request that additional recommendations be
submitted by the council.
* * *
Section 6. Section 2006-A(a) introductory paragraph, (5),
(14) and (15) of the act are amended and the subsection is
amended by adding paragraphs to read:
Section 2006-A. Powers and Duties of the Board of
Governors.--(a) The Board of Governors shall have overall
responsibility for planning and coordinating the development and
operation of the system. The powers and duties of the Board of
Governors shall be:
* * *
(5) To [create] approve new undergraduate and graduate
degree programs, which shall not be subject to the rules and
regulations of the State Board of Education; to approve
extension campuses and new external degree programs subject to
the rules and regulations of the State Board of Education; to
promote cooperation among institutions, including the
development of consortia within the system and other educational
institutions and agencies.
* * *
(14) To make all reasonable [rules and regulations] policies
and procedures necessary to carry out the purposes of this
article and the duties of the board.
(15) To do and perform generally all of those things
necessary and required to accomplish the role and objectives of
the system, unless otherwise delegated by the board to the
chancellor.
(16) To require institutions to share services and to
participate in collaborations when the system has shown evidence
in writing of cost reductions and improved efficiencies across
the system. For a new, altered or eliminated shared service,
collaboration or contract, the institution's council of trustees
may reject it by a two-thirds majority vote with written notice
provided to the board within ten (10) days of the council of
trustees' decision. This paragraph shall not be construed to
allow an institution's council of trustees retroactive
discretion over a shared service or collaboration already in
effect prior to the effective date of this paragraph.
(17) To appoint student members to the board and councils.
(18) In accordance with section 2006-A (a.1), to make, issue
and enforce board policies, procedures and standards for the
management and conduct of the instructional, administrative and
financial affairs of the system. This paragraph shall not be
construed to include the power to close an institution. Except
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for an institution with a Fall 2019 headcount enrollment greater
than 10,000 students, this paragraph shall include powers and
duties to create, expand, consolidate, transfer or affiliate an
institution.
(19) Any action taken under the final implementation plan
involving the movement of money from an account of the system or
an institution to another account or institution shall be
documented and include a plan for repayment. Repayment shall be
given priority when any new Federal or State money is
appropriated.
(20) To make, issue and enforce board policies, procedures
and standards for the management and conduct of the
instructional, administrative and financial affairs of the
system.
* * *
Section 7. Sections 2008-A, 2009-A and 2010-A introductory
paragraph, (1), (5), (10.1), (11), (12), (13) and (14) of the
act are amended to read:
Section 2008-A. Councils of Trustees.--(a) The council of
each of the institutions shall consist of eleven (11) members
who, except for student members, shall be nominated and
appointed by the Governor with the advice and consent of the
Senate. At least two (2) members of the eleven (11) member
council of trustees shall be alumni of the institution.
(b) [Ten (10) members of each council shall serve terms of
six (6) years, respectively, and until their respective
successors are duly appointed and qualified. One (1) member of
each council shall be a full-time undergraduate student in good
academic standing, other than freshman, enrolled for at least
twelve (12) semester hours at the institution of which he is a
trustee. The student member shall serve a term of four (4) years
or for so long as he is a full-time undergraduate student in
attendance at the institution of which he is a trustee,
whichever period is shorter, and is in good academic standing.
Vacancies occurring before the expiration of the term of any
member shall be filled in like manner for the unexpired term.
Student members of the Council of Trustees shall be appointed by
the Governor and shall not be subject to Senate confirmation. If
a student member is temporarily unable, for medical or valid
academic reasons, to fulfill the responsibilities of office, the
Council of Trustees may request that the Governor appoint an
otherwise qualified student to serve as an alternate until the
return of the student member.
(c) The members of each board of trustees of a former State
college or university serving in such capacity on the effective
date of this act shall continue to serve for the balance of
their respective terms.] Ten (10) members of each council shall
serve terms of six (6) years, respectively and until their
respective successors are duly appointed.
(b.1) One (1) member of each council shall be a student
appointed by the board under section 2006-A(a)(17). The student
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member shall serve a term of four (4) years or for so long as
the student is a full-time student in attendance at the
institution of which the student is a trustee, whichever period
is shorter, and is in good academic standing. If a student
member is temporarily unable, for medical or valid academic
reasons, to fulfill the responsibilities of office, the Council
of Trustees may appoint an otherwise qualified student to serve
as an alternate until the return of the student member.
(b.2) Vacancies occurring before the expiration of the term
of any member shall be filled in like manner for the unexpired
term.
(d) Six (6) members of a council shall constitute a quorum.
Each council shall select from its members a chairperson and a
secretary to serve at the pleasure of the council. Each council
shall meet at least quarterly, and additionally at the call of
the president, or its chairperson, or upon request of three (3)
of its members.
Section 2009-A. Powers and Duties of Councils of Trustees.--
(a) In accordance with [the rules and regulations] policies,
procedures and standards adopted by the board, the council of
each institution shall have the power and its duty shall be:
(1) To make recommendations to the chancellor for the
appointment[,] and retention [or dismissal] of the president
following [consultation with] input by students, faculty, staff
and alumni.
(1.1) To make recommendations to the chancellor for the
dismissal of the president.
(2) To assist the president in developing proper relations
and understanding between the institution and its programs and
the public, in order to serve the interests and needs of both.
[(3) To review and approve the recommendations of the
president as to standards for the admission, discipline and
expulsion of students.]
(4) To review and [approve the recommendations of] provide
input to the president pertaining to policies and procedures
governing the use of institutional facilities and property.
(5) To approve schools and academic programs.
(6) To review and approve the recommendations of the
president pertaining to annual operating and capital budget
requirements for forwarding to the board.
(7) To review and approve recommendations for charges for
tuition, and to approve room and board and other fees except
student activity fees and any fees related to the provision of
contracted health services.
[(8) To conduct an annual physical inspection of facilities
and make recommendations regarding maintenance and construction
to the board.]
(9) To review [and approve all] contracts and purchases
negotiated or awarded by the president, including any contract
or purchase reports, with or without competitive bidding and all
contracts for consultative services entered by the president.
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(10) To represent the institution at official functions of
the Commonwealth.
(11) To take such other action as may be necessary to
effectuate the powers and duties herein delegated.
(12) In accordance with the evaluation procedure established
by the board each council shall conduct an evaluation of the
president and forward the results of that evaluation with
recommendation to the chancellor for submission to the board.
(13) By resolution adopted by the council to authorize
campus police who have completed firearms training in accordance
with 53 Pa.C.S. § 2167(a) (relating to police training) to carry
firearms in the course of duty for any institution whose campus
police are authorized to carry firearms on the effective date of
this paragraph, the authority to carry firearms shall remain in
effect unless the council by resolution dissolves such
authority.
Section 2010-A. Power and Duties of Institution
Presidents.--The president of each institution shall be
appointed by the board. The president shall be the chief
executive officer of that institution. [He] The president shall
have the right to attend all meetings of the council of that
institution and shall have the right to speak on all matters
before the council but not to vote. Subject to the stated
authority of the board and the council, each president shall
have the following powers and duties:
(1) Except insofar as such matters are governed by
collective bargaining agreements entered pursuant to the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," and subject to the policies of the board, to
appoint such employes, professional and noninstructional,
graduate assistants, etc. as necessary, to fix the salaries and
[benefits of employes, professional and noninstructional, and to
establish policies and procedures governing employment rights,
promotion, dismissal, tenure, leaves of absence, grievances and]
salary schedules.
* * *
(5) To establish policies and procedures governing the use
of institutional facilities and property in [accordance with
guidelines established by] consultation with the local council.
* * *
(10.1) Within the limitations of the operating budget and
other available funds in accordance with the procedures
established by the board [and with the approval of the local
council,] to negotiate and award all contracts for equipment,
services and supplies in excess of a cost of a base amount of
eighteen thousand five hundred dollars ($18,500), subject to
adjustment under section [120] 2003-A.1(c.3), on a competitive
bid basis [and]. Contracts to purchase instructional,
educational, extracurricular, technical, administrative,
custodial and maintenance equipment and supplies not in excess
of a cost of a base amount of eighteen thousand five hundred
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dollars ($18,500), subject to adjustment under section [120]
2003-A.1(c.3), may be procured, without competitive bidding,
except that such items shall not be bought in series to avoid
the dollar ceiling.
(11) To cooperate with and accept grants and assistance from
Federal and State agencies, local governments or other political
subdivisions, foundations, corporations, or any other source for
any of the lawful purposes of the institution. Each institution
shall have the power to bank and use such grants as directed by
the grantor and subject to the limitations of this act[, except
that grants and assistance from sources other than State
agencies, local governments or other political subdivisions
shall not be subject to the provisions of clause (10)]. All
moneys received from sources authorized by this section are
hereby appropriated to each of the several institutions granted
such moneys. All such moneys shall be subject to audit by the
Auditor General.
(12) To authorize personnel to travel within or without the
Commonwealth at institutional expense [in accordance with
regulations of the council].
(13) Within the limitations of the operating budget and
other available funds, to enter into contracts for consultative
service [not to exceed five thousand dollars ($5,000) per
contract].
(14) To enter into contracts [in accordance with policies of
the council,] to enable students to engage in student teaching
or other training in order to obtain experience in a particular
field.
* * *
Section 8. Sections 2011-A and 2017-A of the act are amended
to read:
Section 2011-A. Rental Fees and Other Charges.--(a) In
addition to rental fees fixed, charged and collected in the
manner provided by law from each student residing in State-owned
or State-leased residential facilities at an institution for the
maintenance and operation of such facilities, a sum shall be
fixed by the president, with approval of the Council of
Trustees, and charged and collected from each such person as an
additional rental fee. Such additional rental fees shall be
credited to a Reserve Fund for contingencies and capital
replacements.
[(b) In addition to the other fees from time to time fixed,
charged and collected in the manner provided by law, a fee of
ten dollars ($10) per semester of eighteen (18) weeks and a
proportionate fee for each trimester, quarter, term and summer
sessions of six (6) weeks or three (3) weeks shall be fixed,
charged and collected from each student while in attendance at a
university for which the General State Authority has taken title
to a student community building, which fee shall be credited to
the Department of General Services and shall be fixed by the
council of trustees in amounts sufficient to meet rentals due to
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the General State Authority, pursuant to contracts to lease
student community buildings constructed by the said authority
for the use of the system universities.
Section 2017-A. Annual Report.--(a) An annual report shall
be submitted in electronic format by each institution to the
Department of Education and the Joint State Government
Commission, which shall include data for all programs of the
institution. Each such report, to be submitted prior to
September 1, shall cover the 12-month period beginning with the
summer term of the preceding year and shall include:
(1) The following counts and distributions for each term
during the period:
(i) The definitions and numbers of faculty members employed
full time, of faculty members employed part time, of full-time
students enrolled in graduate courses, of full-time students
enrolled in undergraduate courses, of part-time students
enrolled in graduate courses, and of part-time students enrolled
in undergraduate courses.
(ii) The total numbers of undergraduate student credit
hours, divided into lower division and upper division course
levels, and of graduate student credit hours divided into three
course levels--master's, first professional and doctoral.
(iii) The number of different courses scheduled by level of
instruction and the number of sections of individual instruction
scheduled by level of instruction, each further subdivided by
two digit Classification of Instructional Program (CIP)
categories of instructional programs of higher education as
defined by the National Center for Education Statistics, United
States Department of Education.
(iv) The number of terms scheduled and the dates thereof.
(2) For the summer term and the following academic year in
total and for each two digit CIP program category, a
classification of faculty members or other professional employes
by title, including: professor, associate professor, assistant
professor, instructor, lecturer, research associate, librarian
and academic administrator; faculty members or other
professional employes under each title to be subdivided by type
of assignment: teaching and nonteaching, and each such set of
faculty members or other professional employes to be further
subdivided by type of employment: full time or part time; and
the following aggregates for each subdivided classification:
(i) The number of faculty and other professional employes
and their full-time equivalence in instructional and
noninstructional functions.
(ii) The sum of credits assigned to undergraduate classroom
courses and the sum of credits assigned to graduate classroom
courses taught, divided into lower division, upper division,
master's, first professional and doctoral course levels.
(iii) The sum of credits assigned to undergraduate
individual instruction courses and the sum of credits assigned
to graduate individual instruction courses taught, divided into
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lower division, upper division, master's, first professional and
doctoral course levels.
(iv) The sum of undergraduate classroom student credit hours
and the sum of graduate classroom student credit hours
generated, divided into lower division, upper division,
master's, first professional and doctoral course levels.
(v) The sum of undergraduate individual instruction student
credit hours and the sum of graduate individual instruction
student credit hours generated, divided into lower division,
upper division, master's, first professional and doctoral course
levels.
(vi) The total salary paid for instructional functions and
for noninstructional functions and the amount of this salary
paid for each of these functions from university funds, Federal
funds and other funds.
(3) For each term of the period covered for each faculty
member employed full time identified by two digit CIP program
category and title, the report shall contain an analysis of the
average hours per week spent in university-related activities,
stating specifically hours spent in undergraduate classroom
contact and graduate classroom contact, hours spent in
preparation, hours spent in research and hours spent in public
service.
(b) In addition to the requirements of subsection (a), each
report covering the 12-month period shall include for all
programs of the institution:
(1) Minimum number of credits required for a baccalaureate
degree and for a master's degree.
(2) Number of bachelor's degrees, master's degrees, first
professional degrees and doctoral degrees awarded in the three
previous years and those estimated for that year.
(c) The Joint State Government Commission shall develop a
statistical comparison analysis recognizing differences in
missions from the reports made under this section. The
comparison shall be provided to the Education Committee of the
Senate and the Appropriations Committee of the Senate and the
Education Committee of the House of Representatives and the
Appropriations Committee of the House of Representatives and the
four State regional libraries. The comparative analysis shall be
posted on the Joint State Government Commission's Internet
website for a period of no less than five (5) years from the
date of submission.
(d) Each report submitted under subsection (a) shall be
posted by the Department of Education on its Internet website
for a period of no less than five (5) years from the date of
submission.]
Section 9. Section 2019-A of the act is amended by adding a
subsection to read:
Section 2019-A. Campus Police Powers and Duties.--* * *
(d) Campus police may disseminate investigative information
as defined in 18 Pa.C.S. § 9102 (relating to definitions) to
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university officials for use in student disciplinary matters
subject to 22 Pa. Code Ch. 505 (relating to student personnel).
Notwithstanding this section, all other provisions of 18 Pa.C.S.
Ch. 91 (relating to criminal history record information) shall
apply to campus police.
Section 10. The act is amended by adding a section to read:
Section 2021-A. Student Records.--Student education records
maintained in connection with a transaction, business or
activity of the system or university shall not be subject to the
provisions of the act of February 14, 2008 (P.L.6, No.3), known
as the "Right-to-Know Law."
Section 11. All acts and parts of acts are repealed and all
regulations and parts of regulations are abrogated insofar as
they are inconsistent with this act.
Section 12. The powers granted under section 2006-A(a)(18)
of the act shall expire three years from the effective date of
this section.
Section 13. This act shall take effect as follows:
(1) The addition of section 2006-A(a)(20) of the act
shall take effect in three years.
(2) The remainder of this act shall take effect
immediately.
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See A06364 in
the context
of HB2171