PRIOR PRINTER'S NO. 262 PRINTER'S NO. 1065
No. 257 Session of 1981
INTRODUCED BY COWELL, FISCHER, GALLAGHER, SIEMINSKI,
CALTAGIRONE, J. L. WRIGHT, PISTELLA, COHEN, ITKIN, ALDEN,
DAWIDA, EVANS, RASCO, WAMBACH AND COLAFELLA, JANUARY 27, 1981
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 24, 1981
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," increasing the membership
21 on the State Board of Education AND PROVIDING FOR LEGISLATIVE <--
22 OVERSIGHT.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 408.1, act of April 9, 1929 (P.L.177,
26 No.175), known as "The Administrative Code of 1929," amended
27 October 18, 1972 (P.L.935, No.224), is amended to read:
1 Section 408.1. The State Board of Education.--The State
2 Board of Education shall consist of [seventeen] twenty one
3 members, [eight] ten of whom shall also serve as members of the
4 Council of Basic Education, and [eight] ten of whom shall also
5 serve as members of the Council of Higher Education. The member
6 designated by the Governor as Chairman of the State Board of
7 Education shall also serve as a member of the Council of Basic
8 Education and of the Council of Higher Education. Members at
9 large on the effective date of this act may be assigned by the
10 Governor to either council. [Each] Except the legislative
11 members, each member shall be appointed by the Governor, by and
12 with the advice and consent of two-thirds of all the members of
13 the Senate, and shall, except as hereinafter provided, hold
14 office for terms of six years each and until his successor has
15 been appointed and has qualified. The majority and minority
16 chairmen of the House of Representatives and Senate Education
17 Committees or their respective designees from such committees
18 shall serve as ex officio members of the board with full voting
19 privileges and shall serve as members for as long as they hold
20 their respective positions. Members shall receive no salary but
21 shall be entitled to travel and other necessary expenses
22 incurred in the performance of their duties as members of the
23 board.
24 [Nine] Eleven members shall constitute a quorum provided that
25 at least [four] five members serving on each of the councils are
26 present. The affirmative vote of a majority of all the members
27 of the board duly recorded showing how each member voted shall
28 be required in order to take action adopting policies,
29 standards, rules and regulations. The board shall meet at least
30 five times a year at such times and places as it shall
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1 determine. Special meetings may be called by the chairman or at
2 the request of a majority of the members of the board.
3 Of the members first appointed, three shall be appointed for
4 a term of one year, three shall be appointed for a term of two
5 years, three shall be appointed for a term of three years, three
6 shall be appointed for a term of four years, three shall be
7 appointed for a term of five years, and two shall be appointed
8 for a term of six years. Thereafter, all terms shall be for six
9 years, except that an appointment to fill a vacancy shall be for
10 the unexpired term.
11 The Governor shall designate, to serve at his pleasure, a
12 member as Chairman of the State Board of Education.
13 Except for the chairman, not more than two members serving on
14 each council shall be employed either in a school system in the
15 Department of Education or by any educational institution. At
16 least two members serving on each council shall have had
17 previous experience with technical education or training.
18 For the purpose of formulating policy proposals applicable to
19 elementary, secondary, vocational-technical education and higher
20 education in the Commonwealth, there shall be two councils to
21 consist of [nine] ten members of the board each, the chairman of
22 the board being a member of both councils, and to be known as
23 the Council of Basic Education and the Council of Higher
24 Education. The Governor shall designate to serve at his pleasure
25 a member serving on each council to act as chairman of the
26 council. Each council shall meet at the call of its chairman or
27 at the request of a majority of the members of the council. The
28 chairman of the board may appoint special joint committees from
29 among the members of the board to formulate policy proposals in
30 those areas which fall within the purview of both of the
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1 councils. The board shall employ and fix the compensation of
2 such staff as is deemed necessary to perform the duties of the
3 board. The board shall assign a member of the staff to each of
4 the councils to serve as secretary.
5 The Secretary of Education, or his designated representative,
6 shall be the chief executive officer of the State Board of
7 Education and shall be entitled to attend all meetings of the
8 board and the councils, and shall have the right to speak on all
9 matters before the board and the councils but not to vote.
10 Section 2. This act shall take effect in 60 days. <--
11 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
12 SECTION 1317.1. LEGISLATIVE ACTIONS ON RULES, REGULATIONS OR
13 STANDARDS.--A COPY OF EVERY RULE, REGULATION OR STANDARD OR
14 AMENDMENT TO A RULE, REGULATION OR STANDARD OF THE STATE BOARD
15 OF EDUCATION SHALL, BEFORE ADOPTION, BE FORWARDED TO THE SPEAKER
16 OF THE HOUSE OF REPRESENTATIVES AND TO THE PRESIDENT PRO TEMPORE
17 OF THE SENATE FOR REFERRAL TO AND REVIEW BY THE APPROPRIATE
18 STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND OF THE
19 SENATE AS DETERMINED BY THE RESPECTIVE PRESIDING OFFICER. THE
20 STANDING COMMITTEE SHALL, WITHIN THIRTY CALENDAR DAYS OR FIVE
21 LEGISLATIVE DAYS, WHICHEVER IS GREATER, FROM THE RECEIPT OF SUCH
22 RULE, REGULATION OR STANDARD OR AMENDMENT, APPROVE OR RECOMMEND
23 DISAPPROVAL TO THE HOUSE OF REPRESENTATIVES OR THE SENATE OF ANY
24 SUCH RULE, REGULATION OR STANDARD OR AMENDMENT. AFTER THE RULE,
25 REGULATION OR STANDARD IS REPORTED FROM THE COMMITTEE, THE HOUSE
26 OF REPRESENTATIVES OR THE SENATE SHALL WITHIN THIRTY CALENDAR
27 DAYS OR FIVE LEGISLATIVE DAYS CONSIDER THE RULE, REGULATION OR
28 STANDARD. FAILURE OF THE STANDING COMMITTEE TO RECOMMEND
29 DISAPPROVAL AND OF THE HOUSE OF REPRESENTATIVES AND SENATE TO
30 DISAPPROVE ANY RULE, REGULATION OR STANDARD OR AMENDMENT WITHIN
19810H0257B1065 - 4 -
1 THE TOTAL OF SIXTY CALENDAR DAYS OR TEN LEGISLATIVE DAYS, AS MAY
2 BE APPROPRIATE, FROM THE RECEIPT THEREOF SHALL CONSTITUTE
3 APPROVAL THEREOF. IF THE HOUSE OF REPRESENTATIVES AND THE SENATE
4 DISAPPROVES ANY RULE, REGULATION OR STANDARD OR AMENDMENT, THE
5 STATE BOARD OF EDUCATION SHALL NOT ADOPT THE RULE, REGULATION OR
6 STANDARD OR AMENDMENT AND IT SHALL NOT BE AGAIN OFFERED FOR ONE
7 YEAR. EACH COMMITTEE SHALL IMMEDIATELY NOTIFY, IN WRITING, THE
8 OTHER COMMITTEE AND THE STATE BOARD OF EDUCATION OF ANY ACTION
9 TAKEN PURSUANT TO THIS SECTION. ONLY IN THE ABSENCE OF A
10 DISAPPROVAL SHALL THE STATE BOARD OF EDUCATION PROCEED WITH THE
11 ADOPTION OF THE RULE, REGULATION OR STANDARD OR AMENDMENT IN
12 ACCORDANCE WITH SECTION 202, ACT OF JULY 31, 1968 (P.L.769,
13 NO.240), KNOWN AS THE "COMMONWEALTH DOCUMENTS LAW."
14 SECTION 3. SECTION 1 OF THIS AMENDATORY ACT SHALL TAKE
15 EFFECT IN 60 DAYS. SECTION 2 OF THIS AMENDATORY ACT SHALL TAKE
16 EFFECT IMMEDIATELY.
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