PRINTER'S NO. 666
No. 601 Session of 1997
INTRODUCED BY LYNCH, HUTCHINSON, McILHATTAN, SURRA, SCRIMENTI,
BATTISTO, ITKIN, ARGALL, STEELMAN, TRELLO, HENNESSEY, SEYFERT
AND ROBERTS, FEBRUARY 13, 1997
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 13, 1997
AN ACT
1 Providing for community education councils and for powers and
2 duties of community education councils; and making an
3 appropriation.
4 It is the intent of the General Assembly, through this act,
5 to provide for postsecondary education services in educationally
6 underserved areas of this Commonwealth through the creation of
7 community education councils. In light of the increasing
8 emphasis on advanced degrees and retraining in the work force,
9 this act seeks to provide access to postsecondary educational
10 opportunities that are appropriate to the needs of the local
11 community. The councils will assess the regional needs and
12 interests of potential students as well as those of employers in
13 the community.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title.
17 This act shall be known and may be cited as the Community
18 Education Council Act.
1 Section 2. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Community education council." A nonprofit institutionally
6 neutral educational organization, governed by a community-based
7 board of directors, which serves to provide access to
8 postsecondary education and training resources for citizens in
9 educationally underserved areas of this Commonwealth.
10 "Educationally underserved area." An area designated by the
11 Secretary of Education of the Commonwealth as an adult
12 education, continuing education and/or postsecondary education
13 shortage area using criteria which take into account special
14 barriers to the provision of education services.
15 "Institutionally neutral." Having no exclusive legal
16 affiliation with any provider of postsecondary education or a
17 branch campus, branch location or outreach center of a provider
18 of postsecondary education.
19 "Postsecondary education resources." The term includes, but
20 is not limited to, area vocation-technical schools, degree-
21 granting institutions of higher education accredited by an
22 accrediting agency recognized by the Federal Government,
23 institutions licensed under the act of December 15, 1986
24 (P.L.1585, No.174), known as the Private Licensed Schools Act,
25 professional, vocational or occupational certification or
26 licensure programs, and educational technology.
27 "Secretary." The Secretary of Education of the Commonwealth.
28 Section 3. Recognition and approval of community education
29 councils; withdrawal of recognition and approval.
30 (a) Formal recognition and community need procedures.--The
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1 secretary shall establish procedures for formally recognizing
2 existing community education councils under this act. The
3 secretary shall also establish procedures for the assessment of
4 community need and approval of additional councils, such
5 approval to be conditioned upon the appropriation of additional
6 State funding necessary for those new councils.
7 (b) Procedures for withdrawal of recognition.--The secretary
8 shall also establish procedures for withdrawing formal
9 recognition and approval of any council covered by subsection
10 (a).
11 (c) Duration of withdrawal of recognition and approval.--
12 Withdrawal of recognition and approval of a council shall last
13 until expiration of the Commonwealth's current fiscal year,
14 after which time the secretary may reconsider the council for
15 inclusion in the State allocation of funds. If funds have been
16 allocated for the current fiscal year, a council whose
17 recognition and approval subsequently have been withdrawn shall
18 return the proportionate share of annual allocations to the
19 secretary for the remainder of the fiscal year.
20 Section 4. State funds.
21 (a) Allocation.--
22 (1) The secretary, upon consultation with approved
23 councils, shall be responsible for the allocation of State
24 funding among community education councils approved under
25 this act.
26 (2) The allocation may not exceed 80% of the council's
27 projected total expenditures for the fiscal year of
28 allocation.
29 (b) Use of funds.--Community education councils shall use
30 allocated State funds to meet the cost of operation, including,
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1 but not limited to, personnel, rent, utilities, insurance,
2 supplies, equipment and technology needs, staff development,
3 marketing, maintenance and instructional services.
4 Section 5. Purpose of community education council.
5 (a) Access to opportunities.--The purpose of a community
6 education council shall be to identify, implement and oversee
7 new or innovative efforts to provide access to postsecondary
8 education opportunities in educationally underserved communities
9 within this Commonwealth.
10 (b) Types of opportunities.--Postsecondary educational
11 opportunities may include, but are not limited to, any of the
12 following:
13 (1) Programs, courses or classes leading to
14 professional, vocational or occupational certification or
15 licensure, an associate degree, a bachelor's degree or a
16 master's degree.
17 (2) GED preparation.
18 (3) Skill development or skill enhancement for the
19 community work force.
20 (c) Provision of resources.--A second function of a
21 community education council shall be to assist in the provision
22 of resources and to serve as a vehicle for employment
23 opportunities which meet the community's current and future
24 economic development needs.
25 Section 6. Board of directors.
26 (a) Establishment of policies.--The policies of any
27 community education council established under this act shall be
28 administered and supervised by a community-based board of
29 directors.
30 (b) Powers and duties.--The board of directors shall, for
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1 purposes of operating and maintaining a community education
2 council, have the following powers and duties:
3 (1) To hold, rent, lease, sell, purchase and improve
4 buildings, furnishings, equipment, materials, books and
5 supplies.
6 (2) To enter into contracts or agreements for services
7 with postsecondary institutions, other educational providers
8 or local government agencies in order to carry out the intent
9 and purposes of this act.
10 (3) To accept and receive gifts of real and personal
11 property.
12 (4) To apply for Federal, State and local funds and
13 grants and to expend funds obtained from these sources.
14 (5) To determine the needs and aspirations of potential
15 students and employers in the community.
16 (6) To make policies providing for identification of
17 students, programs, courses or classes to be offered and any
18 other matters related to administration of the community
19 education council.
20 (7) To hire employees to conduct the day-to-day
21 operations and carry out the policy of the board.
22 (8) To exercise such other powers and perform such other
23 duties as are necessary to effect the intent and purposes of
24 this act.
25 Section 7. Appropriation.
26 The sum of $550,000 is hereby appropriated to the Department
27 of Education for the fiscal year July 1, 1997, to June 30, 1998,
28 for purposes of implementing this act.
29 Section 8. Effective date.
30 This act shall take effect immediately.
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