SENATE AMENDED
PRIOR PRINTER'S NOS. 3874, 4127, 4408, PRINTER'S NO. 4690
4604
No. 2644 Session of 2002
INTRODUCED BY SCHULER, T. ARMSTRONG, HORSEY, ROBINSON, STURLA,
HERSHEY, DALEY, CREIGHTON, GRUCELA, CORRIGAN, ADOLPH,
STRITTMATTER AND G. ARMSTRONG, MAY 8, 2002
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 25, 2002
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An <--
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for the definition
6 of "professional employe"; providing for firefighter and
7 emergency service training as creditable high school courses;
8 amending and adding provisions relating to the Thaddeus
9 Stevens State College of Technology; making a repeal; and
10 making editorial changes.
11 AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN <--
12 ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
13 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
14 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
15 LAWS RELATING THERETO," FURTHER PROVIDING FOR THE BOARD OF <--
16 CONTROL FOR DISTRESSED SCHOOL DISTRICTS; AUTHORIZING BOARDS
17 OF SCHOOL DIRECTORS TO ESTABLISH A PROGRAM TO PROVIDE HIGH
18 SCHOOL DIPLOMAS TO CERTAIN VETERANS; RECOGNIZING AMERICAN
19 SIGN LANGUAGE COURSES AS SATISFYING FOREIGN LANGUAGE
20 REQUIREMENTS IMPOSED FOR HIGH SCHOOL GRADUATION; FURTHER
21 PROVIDING FOR PENNSYLVANIA ATHLETIC OVERSIGHT COUNCIL, FOR
22 THE TRANSPORTATION OF STUDENTS ATTENDING CHARTER SCHOOLS AND
23 FOR THE BOARD OF CONTROL FOR CERTAIN EMPOWERMENT SCHOOL
24 DISTRICTS; AMENDING AND ADDING PROVISIONS RELATING TO THE
25 THADDEUS STEVENS COLLEGE OF TECHNOLOGY; FURTHER PROVIDING FOR <--
26 PLACEMENT OF CERTAIN ADJUDICATED STUDENTS AND FOR SCHOOL
27 PERFORMANCE INCENTIVES; MAKING A REPEAL; AND MAKING EDITORIAL
28 CHANGES.
29 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 1101 of the act of March 10, 1949 <--
3 (P.L.30, No.14), known as the Public School Code of 1949,
4 amended November 30, 1971 (P.L.546, No.144), is amended to read:
5 Section 1101. Definitions.--As used in this article,
6 (1) The term "professional employe" shall include those who
7 are certificated as teachers, supervisors, supervising
8 principals, principals, assistant principals, vice-principals,
9 directors of vocational education, Junior Reserve Officer
10 Training Corps (JROTC) instructors, dental hygienists, visiting
11 teachers, home and school visitors, school counselors, child
12 nutrition program specialists, school librarians, school
13 secretaries the selection of whom is on the basis of merit as
14 determined by eligibility lists and school nurses.
15 (2) The term "substitute" shall mean any individual who has
16 been employed to perform the duties of a regular professional
17 employe during such period of time as the regular professional
18 employe is absent on sabbatical leave or for other legal cause
19 authorized and approved by the board of school directors or to
20 perform the duties of a temporary professional employe who is
21 absent.
22 (3) The term "temporary professional employe" shall mean any
23 individual who has been employed to perform, for a limited time,
24 the duties of a newly created position or of a regular
25 professional employe whose services have been terminated by
26 death, resignation, suspension or removal.
27 Section 2. The act is amended by adding a section to read:
28 Section 1550. Firefighter and Emergency Service Training.--
29 (a) Firefighter and emergency service training may be added to
30 high school curricula as credit-earning courses.
20020H2644B4690 - 2 -
1 (b) The courses may be made available only to students
2 sixteen (16) years of age or older and may include:
3 (1) Training as a firefighter I from the National Board of
4 Professional Qualifications.
5 (2) Training as an emergency medical technician by the
6 Department of Health under the act of July 3, 1985 (P.L.164,
7 No.45), known as the "Emergency Medical Services Act."
8 (c) If the school district adds firefighter and emergency
9 service training as credit-earning courses, the school district
10 shall provide transportation and supervision for firefighter and
11 emergency service training that takes place off school grounds.
12 Section 3. Section 1926 of the act, amended October 25, 1967
13 (P.L.491, No.237), is amended to read:
14 Section 1926. Schools and Classes in Institutions.--It shall
15 be within the jurisdiction of the Department of [Public
16 Instruction] Education to organize and to supervise schools and
17 classes according to the regulations and standards established
18 for the conduct of schools and classes of the public school
19 system in the Commonwealth in all institutions wholly or partly
20 supported by the Commonwealth which are not supervised by public
21 school authorities, except the Thaddeus Stevens State College of
22 Technology. Schools and classes so established in wholly state-
23 owned institutions shall be financed by the department of the
24 State government having jurisdiction and control of such
25 institutions. Except as otherwise provided by law, a teacher in
26 a school or of a class organized and supervised by the
27 Department of [Public Instruction] Education in an institution
28 wholly or partly supported by the Commonwealth, teachers in the
29 Pennsylvania State Oral School for the Deaf, teachers in the
30 Thaddeus Stevens [Trade School] State College of Technology and
20020H2644B4690 - 3 -
1 teachers in the Scotland School for Veterans' Children shall
2 enjoy the same privileges, including tenure rights and be
3 subject to the same laws as a teacher in the public schools of
4 the Commonwealth.
5 Section 4. Article XIX-B heading and sections 1901-B, 1902-
6 B, 1903-B, 1904-B and 1906-B of the act, added December 19, 1990
7 (P.L.1362, No.211), are amended to read:
8 ARTICLE XIX-B.
9 THADDEUS STEVENS STATE [SCHOOL] COLLEGE OF TECHNOLOGY.
10 Section 1901-B. Short Title.--This article shall be known
11 and may be cited as the "Thaddeus Stevens State [School] College
12 of Technology Act."
13 Section 1902-B. Legislative Intent.--It is the intent of the
14 General Assembly to provide for the continued existence,
15 operation and administration of the Thaddeus Stevens State
16 [School] College of Technology.
17 Section 1903-B. Authorization to Continue School
18 Operations.--The institution known as the Thaddeus Stevens State
19 [School] College of Technology, established and operated
20 pursuant to the repealed provisions of the act of May 11, 1905
21 (P.L.518, No.429), is hereby authorized to continue operations
22 and to receive any State funds or aid to which it may be
23 entitled. All lawful actions and expenditures made by said
24 institution between October 4, 1978, and the effective date of
25 this act are hereby ratified and approved by the General
26 Assembly. Appropriations for the operation of the institution
27 shall be considered ordinary expenses of government, requiring
28 only a majority vote of each house of the General Assembly.
29 Section 1904-B. School Purposes.--(a) The Thaddeus Stevens
30 State [School] College of Technology, located in Lancaster,
20020H2644B4690 - 4 -
1 Pennsylvania, shall continue to provide for the postsecondary
2 education and training of indigent orphans.
3 (b) If a sufficient number of indigent orphans qualified for
4 admission pursuant to school standards fail to apply, then the
5 board of trustees of this corporation may admit first other
6 deserving persons and, thereafter, orphans who may not be
7 indigent, as the trustees in their best judgment may think
8 proper.
9 (c) Those shall be deemed orphans who have lost either
10 parent.
11 Section 1906-B. Board of Trustees.--The board of trustees
12 shall consist of nine members, who shall serve without
13 compensation and be appointed by the Governor by and with the
14 advice and consent of the Senate. Said trustees shall be a body
15 politic or corporate of the name of the Thaddeus Stevens State
16 [School] College of Technology. [They shall, under section 1311
17 of the act of April 9, 1929 (P.L.177, No.175), known as "The
18 Administrative Code of 1929," have general direction and control
19 of the property and management of the institution, develop broad
20 institutional policy and make all necessary bylaws and
21 regulations, not inconsistent with either the provisions of the
22 Constitution, laws of the Commonwealth or rules and regulations
23 of the State Board of Education.] Of the trustees first
24 appointed, three shall serve for one year, three for two years
25 and three for three years, and, at the expiration of the
26 respective periods, the vacancies shall be filled by the
27 Governor, by appointment, for [three] six years, as hereinbefore
28 provided; and, should any vacancy occur by death or resignation
29 or otherwise of any trustee, such vacancy shall be filled, by
30 appointment as aforesaid, for the unexpired term of said
20020H2644B4690 - 5 -
1 trustee. The Secretary of Education shall be ex officio member
2 of the board of trustees.
3 Section 5. The act is amended by adding a section to read:
4 Section 1906.1-B. Powers and Duties of the Board of
5 Trustees.--(a) The board of trustees shall direct and control
6 the property, personnel, including contract negotiation, and
7 management of the institution, develop broad institutional
8 policy and make all necessary bylaws and regulations, not
9 inconsistent with either the provisions of the Constitution,
10 laws of the Commonwealth or rules and regulations of the State
11 Board of Education.
12 (b) The board of trustees shall elect a president, set his
13 salary and delineate his duties and responsibilities.
14 (c) The board of trustees shall coordinate, review and
15 approve the annual capital budget requirements of the
16 institution and the annual operating budget of the institution.
17 It shall present these annual budgets with comments to the
18 Secretary of Education for presentation to the State Board of
19 Education. The State Board of Education shall return such budget
20 requests, recommending approval or disapproval, with comments,
21 if any, to the Secretary of Education prior to their submission
22 to the Secretary of the Budget. The board of trustees may also
23 submit its budget recommendations and findings to the General
24 Assembly subsequent to the submission of the Governor's budget
25 to the General Assembly. For the purposes of administration, the
26 institution shall be subject to Article VI of the act of April
27 9, 1929 (P.L.177, No.175), known as "The Administrative Code of
28 1929," except for section 615.
29 (d) The board of trustees shall have the authority to cause
30 an independent audit of the institution finances.
20020H2644B4690 - 6 -
1 (e) Nothing contained herein shall in any manner change or
2 affect the status of the Commonwealth as employer of the faculty
3 and staff at Thaddeus Stevens State College of Technology.
4 Section 6. Sections 1907-B, 1909-B, 1910-B, 1911-B, 1912-B
5 and 1913-B of the act, added December 19, 1990 (P.L.1362,
6 No.211), are amended to read:
7 Section 1907-B. President of School.--The chief
8 administrator and academic officer of the Thaddeus Stevens State
9 [School] College of Technology shall be the president whose
10 duties shall be defined by the board of trustees [and approved
11 by the Secretary of Education].
12 Section 1909-B. Tuition Students.--In addition to State-
13 supported resident students as defined in section 1904-B, the
14 board of trustees may admit for study at the school part-time or
15 full-time tuition students and shall fix and charge tuition
16 rates [as approved by the Secretary of Education] for such
17 students. All money collected as tuition by the institution
18 shall be [paid into the General Fund and credited to the
19 appropriations made to the institution.] deposited into an
20 account held by the institution and expended at the discretion
21 of a majority of the board of trustees.
22 Section 1910-B. Rights of Faculty and Staff.--(a) Except as
23 otherwise provided by law, faculty employed in the Thaddeus
24 Stevens State [School] College of Technology shall continue to
25 enjoy the same rights and privileges as provided on June 30,
26 1990. Nothing contained herein shall supersede or preempt any
27 provisions of a collective bargaining agreement negotiated
28 between the Commonwealth and an exclusive representative of the
29 employes in accordance with the act of July 23, 1970 (P.L.563,
30 No.195), known as the "Public Employe Relations Act." New
20020H2644B4690 - 7 -
1 collective bargaining agreements with professional and
2 noninstructional faculty and staff shall be negotiated jointly
3 by the Commonwealth and the board of trustees. In no event shall
4 the faculty be considered to be in the classified service, as
5 defined by the act of August 5, 1941 (P.L.752, No.286), known as
6 the "Civil Service Act."
7 (b) All staff hired by the Thaddeus Stevens State College of
8 Technology after the effective date of this subsection shall be
9 excluded from classified service, as defined by the "Civil
10 Service Act."
11 (c) Nothing contained herein shall in any manner change or
12 affect the status of:
13 (i) the faculty and staff of the Thaddeus Stevens State
14 College of Technology as employes of the Commonwealth,
15 including, but not limited to, all benefits received as
16 Commonwealth employes, including retirement benefits provided
17 for under 24 Pa.C.S. Pt. IV (relating to retirement for school
18 employees) or 24 Pa.C.S. § 8301 (relating to mandatory and
19 optional membership) or 71 Pa.C.S. Pt. XXV (relating to
20 retirement for State employees and officers) or 71 Pa.C.S. §
21 5301 (relating to mandatory and optional membership); or
22 (ii) the exclusive bargaining representatives, which are
23 representing faculty or staff, pursuant to the provisions of the
24 act of July 23, 1970 (P.L.563, No.195), known as the "Public
25 Employe Relations Act."
26 Section 1911-B. Visitation Privileges.--The Governor,
27 Secretary of Education, judges of the several courts of the
28 Commonwealth and Senators and Representatives of the General
29 Assembly shall be ex officio visitors of said institution, and
30 it shall be subject to inspection by the Department of
20020H2644B4690 - 8 -
1 Education[, and an annual report of the conduct and management
2 of the school shall be made by the President of the Thaddeus
3 Stevens State School of Technology to the General Assembly and
4 the Secretary of Education].
5 Section 1912-B. Prior References.--Whenever, in any law,
6 reference is made to the Thaddeus Stevens Industrial and Reform
7 School of Pennsylvania [or], the Thaddeus Stevens Trade School
8 or the Thaddeus Stevens State School of Technology, it shall be
9 deemed to refer to and include the Thaddeus Stevens State
10 [School] College of Technology.
11 Section 1913-B. Acquisition and Disposition of Property.--
12 The board of trustees of Thaddeus Stevens State [School] College
13 of Technology shall have the authority to acquire and retain any
14 property, real, personal or mixed, tangible or intangible,
15 necessary or desirable for carrying out the purposes of the
16 school, and to sell, transfer and dispose of any property, real,
17 personal or mixed, tangible or intangible, or any interest
18 therein at any time acquired by it and to take, demand, receive
19 and possess all moneys, real property and goods which shall be
20 appropriated, given or granted to and for the use of the school
21 and to apply the same according to the will of the donors; and,
22 by gift, purchase or devise, to receive, possess, enjoy and
23 retain forever any and all real and personal estate and funds,
24 of whatsoever kind, nature or quality the same may be, in
25 special trust and confidence that the same, and the profits
26 thereof, shall be applied to and for the use and purpose of
27 endowing the school, and shall have power to receive donations
28 from any source whatever, to be exclusively devoted to the
29 purposes of the school or according to the terms of donation.
30 Section 7. The act is amended by adding sections to read:
20020H2644B4690 - 9 -
1 Section 1914-B. Purchasing.--For purposes of 62 Pa.C.S.
2 (relating to procurement), the Thaddeus Stevens State College of
3 Technology shall be considered a "State-affiliated entity" as
4 defined by 62 Pa.C.S. § 101 (relating to definitions).
5 Section 1915-B. Audit and Financial Reports.--The activities
6 of said institution shall be subject to the audit of the
7 Department of the Auditor General, but it shall not be required
8 to pay a fee for any such audit. The president of the
9 institution shall be required to make an annual report to the
10 Governor, the Appropriations Committee and Education Committee
11 of the Senate and the Appropriations Committee and Education
12 Committee of the House of Representatives and the State Board of
13 Education showing the financial condition of the institution at
14 the end of the Commonwealth's fiscal year.
15 Section 1916-B. Annual Report.--The board of trustees shall
16 be required to submit a report to the Governor, the
17 Appropriations Committee and Education Committee of the Senate
18 and the Appropriations Committee and Education Committee of the
19 House of Representatives and the State Board of Education no
20 later than September 1, which shall cover the twelve-month
21 period beginning with the summer term of the preceding year and
22 shall include:
23 (1) The definitions and number of faculty members and staff
24 employed full time, the number of faculty members and staff
25 employed part time, the number of full-time students enrolled
26 and the number of part-time students enrolled.
27 (2) The total number of credit hours taught and the minimum
28 number of credit hours required for graduation.
29 (3) The degrees and programs offered by the institution.
30 (4) The total number of graduates and the total number of
20020H2644B4690 - 10 -
1 graduates by degree or program.
2 (5) The number of terms scheduled and dates thereof.
3 Section 8. The provisions of section 1311 of the act of
4 April 9, 1929 (P.L.177, No.175), known as The Administrative
5 Code of 1929, are repealed as to the Thaddeus Stevens State
6 College of Technology.
7 Section 9. This act shall take effect in 180 days.
8 SECTION 1. ARTICLE XIX-B HEADING AND SECTIONS 1901-B, 1902-B <--
9 AND 1903-B OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN
10 AS THE PUBLIC SCHOOL CODE OF 1949, ADDED DECEMBER 19, 1990
11 (P.L.1362, NO.211), ARE AMENDED TO READ:
12 SECTION 1. SECTION 692 OF THE ACT OF MARCH 10, 1949 (P.L.30, <--
13 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, AMENDED JANUARY
14 14, 1970 (1969 P.L.468, NO.192), IS AMENDED TO READ:
15 SECTION 692. SPECIAL BOARD OF CONTROL; PETITION;
16 APPOINTMENTS.--WHENEVER ON THE BASIS OF A PROPER INVESTIGATION
17 AS HEREIN PROVIDED FOR, THE [SUPERINTENDENT OF PUBLIC
18 INSTRUCTION] SECRETARY OF EDUCATION HAS DECLARED [ANY] A SCHOOL
19 DISTRICT OF THE FIRST CLASS A, SECOND CLASS, THIRD CLASS OR
20 FOURTH CLASS TO BE A DISTRESSED SCHOOL DISTRICT UNDER SECTION
21 691(A), HE OR HIS DESIGNATED REPRESENTATIVE WHO SHALL BE A
22 PERSON TRAINED IN PUBLIC SCHOOL ADMINISTRATION, POSSESSING THE
23 CERTIFICATION PREREQUISITES DEMANDED OF A DISTRICT OR ASSISTANT
24 SUPERINTENDENT, OR HOLDING IN THE DEPARTMENT OF [PUBLIC
25 INSTRUCTION] EDUCATION THE RANK OF DEPUTY [SUPERINTENDENT]
26 SECRETARY, SHALL PETITION THE COURT OF COMMON PLEAS OF THE
27 COUNTY IN WHICH SUCH DISTRICT, OR THE LARGEST PART IN AREA, IS
28 LOCATED TO APPOINT TWO CITIZENS WHO SHALL BE QUALIFIED ELECTORS
29 AND TAXPAYERS IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS
30 LOCATED. SCHOOL DIRECTORS AND EMPLOYES OF ANY SUCH SCHOOL
20020H2644B4690 - 11 -
1 DISTRICT SHALL BE INELIGIBLE FOR APPOINTMENT BY THE COURT. THE
2 APPOINTEES, TOGETHER WITH THE [SUPERINTENDENT OF PUBLIC
3 INSTRUCTION OR HIS] DESIGNATED REPRESENTATIVE OF THE SECRETARY
4 OF EDUCATION, SHALL CONSTITUTE A SPECIAL BOARD OF CONTROL[.] AND
5 SHALL SERVE FOR TERMS OF FIVE YEARS. NO MEMBER OF THE BOARD MAY
6 BE REMOVED FROM OFFICE DURING A TERM, EXCEPT THAT THE SECRETARY
7 OF EDUCATION MAY, UPON CLEAR AND CONVINCING EVIDENCE OF
8 MALFEASANCE OR MISFEASANCE IN OFFICE, REMOVE A MEMBER PRIOR TO
9 THE EXPIRATION OF THE TERM. BEFORE A MEMBER OF THE BOARD IS
10 REMOVED, THAT MEMBER MUST BE PROVIDED WITH A WRITTEN STATEMENT
11 OF THE REASONS FOR REMOVAL AND AN OPPORTUNITY FOR A HEARING IN
12 ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE
13 AND PROCEDURE OF COMMONWEALTH AGENCIES) AND CH. 7 SUBCH. A
14 (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
15 VACANCIES OCCURRING BECAUSE OF DEATH, REMOVAL OR RESIGNATION OF
16 [APPOINTED] MEMBERS OF THE BOARD SHALL BE FILLED [BY THE COURT.]
17 WITHIN THIRTY (30) DAYS OF THE CREATION OF THE VACANCY IN THE
18 MANNER IN WHICH THAT POSITION WAS ORIGINALLY FILLED. A MEMBER OF
19 THE BOARD SHALL HOLD OFFICE UNTIL A SUCCESSOR IS APPOINTED AND
20 QUALIFIED. THE SPECIAL BOARD OF CONTROL SHALL ASSUME CONTROL OF
21 THE AFFAIRS OF THE DISTRICT AND OPERATE IT IN THE PLACE OF THE
22 SCHOOL DIRECTORS DURING THE PERIOD NECESSARY TO REESTABLISH A
23 SOUND FINANCIAL STRUCTURE IN THE DISTRICT. THE COSTS OF THE
24 COURT PROCEEDINGS SHALL BE PAID BY THE DEPARTMENT OF [PUBLIC
25 INSTRUCTION] EDUCATION.
26 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
27 SECTION 1524. RECOGNITION OF AMERICAN SIGN LANGUAGE
28 COURSES.--(A) A STUDENT SHALL RECEIVE CREDIT FOR COMPLETION OF
29 A COURSE IN AMERICAN SIGN LANGUAGE AT THE HIGH SCHOOL LEVEL
30 TOWARD THE SATISFACTION OF THE FOREIGN LANGUAGE REQUIREMENTS
20020H2644B4690 - 12 -
1 INCLUDED IN A SCHOOL DISTRICT'S STRATEGIC PLAN OR REQUIREMENTS
2 FOR GRADUATION ESTABLISHED PURSUANT TO 22 PA. CODE CH. 4
3 (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT).
4 (B) THE TEACHING OF AMERICAN SIGN LANGUAGE AS A LANGUAGE
5 ALTERNATIVE IN THE PUBLIC SCHOOLS OF THIS COMMONWEALTH SHALL BE
6 PROVIDED BY A PROPERLY CERTIFICATED PERSON AS REQUIRED BY
7 ARTICLE XII.
8 (C) A PROPERLY CERTIFICATED PERSON SHALL HOLD A CERTIFICATE
9 TO TEACH ACCORDING TO SECTION 1201 AND PROVIDE PROOF OF THE
10 SUCCESSFUL COMPLETION OF A DEPARTMENT OF EDUCATION-APPROVED
11 PROGRAM IN AMERICAN SIGN LANGUAGE.
12 (D) FOR PURPOSES OF THIS SECTION, "AMERICAN SIGN LANGUAGE"
13 MEANS THE COMPLETE AND AUTONOMOUS HUMAN LANGUAGE WITH ITS OWN
14 UNIQUE GRAMMAR FREQUENTLY USED AS A FORM OF COMMUNICATION BY THE
15 HEARING-IMPAIRED COMMUNITIES.
16 SECTION 3. SECTION 1611 OF THE ACT IS AMENDED BY ADDING A
17 SUBSECTION TO READ:
18 SECTION 1611. ACADEMIC DEGREES.--* * *
19 (C) A BOARD OF SCHOOL DIRECTORS MAY ESTABLISH A PROGRAM TO
20 BE KNOWN AS "OPERATION RECOGNITION" WHICH PROVIDES FOR GRANTING
21 A HIGH SCHOOL DIPLOMA TO ANY HONORABLY DISCHARGED VETERAN WHO
22 SERVED IN THE UNITED STATES MILITARY IN THE KOREAN WAR BETWEEN
23 THE TWENTY-SEVENTH DAY OF JUNE, ONE THOUSAND NINE HUNDRED FIFTY,
24 AND THE THIRTY-FIRST DAY OF JANUARY, ONE THOUSAND NINE HUNDRED
25 FIFTY-FIVE, WHO ATTENDED HIGH SCHOOL BETWEEN ONE THOUSAND NINE
26 HUNDRED FORTY-SEVEN AND ONE THOUSAND NINE HUNDRED FIFTY-FIVE AND
27 WHO WOULD HAVE BEEN A MEMBER OF A GRADUATION CLASS DURING THE
28 YEARS ONE THOUSAND NINE HUNDRED FIFTY-ONE THROUGH ONE THOUSAND
29 NINE HUNDRED FIFTY-SEVEN BUT DID NOT GRADUATE FROM HIGH SCHOOL
30 DUE TO ENTRY INTO MILITARY SERVICE. A BOARD OF SCHOOL DIRECTORS
20020H2644B4690 - 13 -
1 MAY AWARD A DIPLOMA POSTHUMOUSLY TO AN ELIGIBLE VETERAN. AN
2 APPLICATION FOR A DIPLOMA UNDER THIS SUBSECTION MUST BE MADE IN
3 THE MANNER PRESCRIBED BY THE BOARD OF SCHOOL DIRECTORS.
4 SECTION 4. SECTIONS 1603-A(F) AND 1726-A, AMENDED OR ADDED
5 NOVEMBER 22, 2000 (P.L.672, NO.91), ARE AMENDED TO READ:
6 SECTION 1603-A. PENNSYLVANIA ATHLETIC OVERSIGHT COUNCIL.--*
7 * *
8 (F) THE DUTIES AND RESPONSIBILITIES OF THE COUNCIL SHALL BE
9 AS FOLLOWS:
10 (1) TO MEET NO LESS THAN FOUR TIMES A YEAR AT THE CALL OF
11 THE CHAIR. ALL SUCH MEETINGS SHALL BE CONDUCTED IN ACCORDANCE
12 WITH THE REQUIREMENTS OF 65 PA.C.S. CH. 7 (RELATING TO OPEN
13 MEETINGS).
14 (2) TO MAKE RECOMMENDATIONS CONCERNING CHANGES TO THE
15 ADMINISTRATION OF INTERSCHOLASTIC ATHLETICS TO THE ASSOCIATION.
16 THE COUNCIL SHALL MAKE RECOMMENDATIONS ON ISSUES, INCLUDING, BUT
17 NOT LIMITED TO:
18 (I) APPEALS.
19 (II) ATHLETIC ELIGIBILITY.
20 (III) TRANSFERS OF STUDENTS.
21 (IV) EXPANSION OF PIAA SANCTIONED ATHLETIC COMPETITIONS OR
22 SPORTS, INCLUDING THE ADDITION OF OTHER ATHLETIC ASSOCIATIONS
23 INTO PIAA SPONSORED CHAMPIONSHIPS.
24 (3) TO REVIEW AND MONITOR THE EFFORTS OF THE ASSOCIATION TO
25 MEET THE CRITERIA LISTED IN SECTION 1604-A(A) AND (B).
26 (4) TO HOLD PUBLIC HEARINGS, SUBJECT TO THE REQUIREMENTS OF
27 65 PA.C.S. CH. 7, ON ANY ISSUE CONCERNING INTERSCHOLASTIC
28 ATHLETICS. THESE ISSUES SHALL INCLUDE, BUT NOT BE LIMITED TO:
29 (I) APPEALS.
30 (II) ATHLETIC ELIGIBILITY.
20020H2644B4690 - 14 -
1 (III) TRANSFERS OF STUDENTS.
2 (IV) EXPANSION OF PIAA SANCTIONED ATHLETIC COMPETITIONS OR
3 SPORTS, INCLUDING THE ADDITION OF OTHER ATHLETIC ASSOCIATIONS
4 INTO PIAA SPONSORED CHAMPIONSHIPS.
5 (5) TO HAVE ACCESS TO ALL BOOKS, PAPERS, DOCUMENTS AND
6 RECORDS OF THE ASSOCIATION IN ORDER TO COMPLETE THE ANNUAL
7 REPORT REQUIRED UNDER CLAUSE (6).
8 (6) TO ISSUE AN ANNUAL REPORT TO THE CHAIRMAN AND MINORITY
9 CHAIRMAN OF THE EDUCATION COMMITTEE OF THE SENATE, THE CHAIRMAN
10 AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE HOUSE OF
11 REPRESENTATIVES AND THE PRESIDENT OF THE ASSOCIATION
12 SUMMARIZING:
13 (I) THE COUNCIL'S MEETINGS, PUBLIC HEARINGS AND OTHER ACTION
14 TAKEN BY THE COUNCIL.
15 (II) THE RECOMMENDATIONS OF THE COUNCIL MADE DURING THE YEAR
16 AND THE ASSOCIATION'S RESPONSE TO EACH RECOMMENDATION.
17 (III) THE EFFORTS OF THE ASSOCIATION TO MEET THE CRITERIA
18 LISTED IN SECTION 1604-A(A) AND (B).
19 (7) TO ISSUE A FINAL REPORT [TWO (2)] THREE (3) YEARS AFTER
20 THE GOVERNOR HAS MADE THE FINAL APPOINTMENTS TO THE COUNCIL TO
21 THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF
22 THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
23 EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
24 PRESIDENT OF THE ASSOCIATION SUMMARIZING ALL OF THE COUNCIL'S
25 ACTIONS AND RECOMMENDATIONS OVER THE PREVIOUS [TWO (2)] THREE
26 (3) YEARS [AND], THE ASSOCIATION'S RESPONSE TO EACH AND THE
27 FINAL DETERMINATION OF THE COUNCIL UNDER SUBSECTION (G).
28 (8) TO ELECT A CHAIRMAN AND A VICE CHAIRMAN.
29 (9) TO, AT THE COUNCIL'S DISCRETION, REQUEST THE COMMITTEE
30 TO PERFORM AN AUDIT ON ANY PHASE OF THE ASSOCIATION'S COMPLIANCE
20020H2644B4690 - 15 -
1 WITH THE CRITERIA LISTED IN SECTION 1604-A(A) OR (B), AS
2 NECESSARY FOR THE PURPOSES OF COMPLETING ITS ANNUAL OR FINAL
3 REPORT.
4 * * *
5 SECTION 1726-A. TRANSPORTATION.--(A) STUDENTS WHO [RESIDE
6 IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR
7 WHO ARE RESIDENTS OF A SCHOOL DISTRICT WHICH IS PART OF A
8 REGIONAL CHARTER SCHOOL SHALL BE PROVIDED TRANSPORTATION TO THE
9 CHARTER SCHOOL ON THE SAME TERMS AND CONDITIONS AS
10 TRANSPORTATION IS PROVIDED TO STUDENTS ATTENDING THE SCHOOLS OF
11 THE DISTRICT.] ATTEND A CHARTER SCHOOL LOCATED IN THEIR SCHOOL
12 DISTRICT OF RESIDENCE, A REGIONAL CHARTER SCHOOL OF WHICH THE
13 SCHOOL DISTRICT IS A PART OR A CHARTER SCHOOL LOCATED OUTSIDE
14 DISTRICT BOUNDARIES AT A DISTANCE NOT EXCEEDING TEN (10) MILES
15 BY THE NEAREST PUBLIC HIGHWAY SHALL BE PROVIDED FREE
16 TRANSPORTATION TO THE CHARTER SCHOOL BY THEIR SCHOOL DISTRICT OF
17 RESIDENCE. SCHOOL DISTRICTS OF THE FIRST CLASS SHALL ALSO
18 PROVIDE TRANSPORTATION TO THE STUDENTS IF THEY ARE THE SAME AGE
19 OR ARE ENROLLED IN THE SAME GRADE, GRADES OR THEIR GRADE
20 EQUIVALENTS AS ANY STUDENTS OF THE DISTRICT FOR WHOM
21 TRANSPORTATION IS PROVIDED UNDER ANY PROGRAM OR POLICY TO THE
22 SCHOOLS OF THE DISTRICT. [SUCH] NOTWITHSTANDING ANY PROVISION OF
23 LAW TO THE CONTRARY, TRANSPORTATION SHALL BE PROVIDED TO CHARTER
24 SCHOOL STUDENTS [EACH SCHOOL DAY] BY THEIR SCHOOL DISTRICT OF
25 RESIDENCE ON SUCH DATES AND PERIODS THAT THE CHARTER SCHOOL IS
26 IN REGULAR SESSION WHETHER OR NOT TRANSPORTATION IS PROVIDED
27 [DURING THE SAME SCHOOL DAY] ON SUCH DATES AND PERIODS TO
28 STUDENTS ATTENDING SCHOOLS OF THE DISTRICT. [NONRESIDENT
29 STUDENTS SHALL BE PROVIDED TRANSPORTATION UNDER SECTION 1361.]
30 DISTRICTS PROVIDING TRANSPORTATION TO A CHARTER SCHOOL OUTSIDE
20020H2644B4690 - 16 -
1 THE DISTRICT SHALL BE ELIGIBLE FOR PAYMENTS UNDER SECTION 2509.3
2 FOR EACH PUBLIC SCHOOL STUDENT TRANSPORTED.
3 (B) IN THE EVENT THAT THE SECRETARY OF EDUCATION DETERMINES
4 THAT A SCHOOL DISTRICT [OF THE FIRST CLASS] IS NOT PROVIDING THE
5 REQUIRED TRANSPORTATION TO STUDENTS TO THE CHARTER SCHOOL, THE
6 DEPARTMENT OF EDUCATION SHALL PAY DIRECTLY TO THE CHARTER SCHOOL
7 FUNDS FOR COSTS INCURRED IN THE TRANSPORTATION OF ITS STUDENTS.
8 PAYMENTS TO A CHARTER SCHOOL SHALL BE DETERMINED IN THE
9 FOLLOWING MANNER: FOR EACH ELIGIBLE STUDENT TRANSPORTED, THE
10 CHARTER SCHOOL SHALL RECEIVE A PAYMENT EQUAL TO THE TOTAL
11 EXPENDITURES FOR TRANSPORTATION OF THE SCHOOL DISTRICT DIVIDED
12 BY THE TOTAL NUMBER OF SCHOOL STUDENTS TRANSPORTED BY THE SCHOOL
13 DISTRICT UNDER ANY PROGRAM OR POLICY.
14 (C) THE DEPARTMENT SHALL DEDUCT THE AMOUNT PAID TO THE
15 CHARTER SCHOOL UNDER SUBSECTION (B) FROM ANY AND ALL PAYMENTS
16 MADE TO THE DISTRICT.
17 (D) A SCHOOL DISTRICT OF THE FIRST CLASS SHALL SUBMIT A COPY
18 OF ITS CURRENT TRANSPORTATION POLICY TO THE DEPARTMENT NO LATER
19 THAN AUGUST 1 OF EACH YEAR.
20 SECTION 5. SECTION 1705-B(H) OF THE ACT, AMENDED JUNE 22,
21 2001 (P.L.530, NO.35) AND JUNE 29, 2002 (P.L.524, NO.88), IS
22 AMENDED TO READ:
23 SECTION 1705-B. EDUCATION EMPOWERMENT DISTRICTS.--* * *
24 (H) (1) [A BOARD OF CONTROL ESTABLISHED UNDER SECTION 692
25 SHALL BE ABOLISHED UPON CERTIFICATION OF THE SCHOOL DISTRICT AS
26 AN EDUCATION EMPOWERMENT DISTRICT. THE SCHOOL DISTRICT SHALL BE
27 OPERATED BY A BOARD OF CONTROL ESTABLISHED UNDER SUBSECTION (A).
28 THE SECRETARY MAY APPOINT THE SAME INDIVIDUALS SERVING ON THE
29 BOARD OF CONTROL UNDER SECTION 692 TO THE BOARD OF CONTROL UNDER
30 SUBSECTION (B).] A SCHOOL DISTRICT UNDER A DECLARATION OF
20020H2644B4690 - 17 -
1 DISTRESS PURSUANT TO SECTION 691(A) AND CERTIFIED AS AN
2 EDUCATION EMPOWERMENT DISTRICT SHALL BE OPERATED BY A SPECIAL
3 BOARD OF CONTROL ESTABLISHED UNDER SECTION 692. A BOARD OF
4 CONTROL ESTABLISHED UNDER THIS SECTION SHALL BE ABOLISHED UPON
5 THE APPOINTMENT OF A SPECIAL BOARD OF CONTROL UNDER SECTION 692.
6 (2) [SECTIONS 691 AND 692 SHALL NOT APPLY TO A SCHOOL
7 DISTRICT CERTIFIED AS AN EDUCATION EMPOWERMENT DISTRICT.] FOR A
8 SCHOOL DISTRICT UNDER A DECLARATION OF DISTRESS PURSUANT TO
9 SECTION 691(A) AND CERTIFIED AS AN EDUCATION EMPOWERMENT
10 DISTRICT, THE SPECIAL BOARD OF CONTROL ESTABLISHED UNDER SECTION
11 692 SHALL HAVE THE POWERS AND DUTIES OF A SPECIAL BOARD OF
12 CONTROL UNDER SECTION 692 AND THE POWERS AND DUTIES CONTAINED IN
13 SECTION 1706-B.
14 (3) FOR A SCHOOL DISTRICT WITH A HISTORY OF LOW TEST
15 PERFORMANCE THAT IS CERTIFIED AS DISTRESSED FOR A MINIMUM PERIOD
16 OF TWO (2) YEARS UNDER SECTIONS 691 AND 692, THE DEPARTMENT
17 SHALL WAIVE THE INCLUSION OF THE SCHOOL DISTRICT ON THE
18 EDUCATION EMPOWERMENT LIST UNDER SECTION 1703-B(A) AND
19 IMMEDIATELY CERTIFY THE SCHOOL DISTRICT AS AN EDUCATION
20 EMPOWERMENT DISTRICT.
21 (4) THE DEPARTMENT MAY UTILIZE UP TO $2,000,000 OF
22 UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
23 APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT
24 TO ASSIST SCHOOL DISTRICTS CERTIFIED AS AN EDUCATION EMPOWERMENT
25 DISTRICT UNDER PARAGRAPH (3). THERE IS HEREBY ESTABLISHED A
26 RESTRICTED ACCOUNT FROM WHICH PAYMENTS UNDER THIS PARAGRAPH
27 SHALL BE PAID. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF
28 THE BUDGET TO THE RESTRICTED ACCOUNT TO THE EXTENT NECESSARY TO
29 MAKE PAYMENTS UNDER THIS PARAGRAPH. FUNDS IN THE RESTRICTED
30 ACCOUNT ARE HEREBY APPROPRIATED TO CARRY OUT THE PURPOSES OF
20020H2644B4690 - 18 -
1 THIS PARAGRAPH. THE SUBSIDY PAYMENT FROM THIS ACCOUNT SHALL BE
2 UTILIZED TO SUPPLEMENT THE OPERATIONAL BUDGET OF THE ELIGIBLE
3 SCHOOL DISTRICTS. THIS PARAGRAPH SHALL APPLY TO FISCAL YEARS
4 2000-2001, 2001-2002 AND 2002-2003 AND SHALL EXPIRE JUNE 30,
5 2003.
6 SECTION 6. ARTICLE XIX-B HEADING AND SECTIONS 1901-B, 1902-B
7 AND 1903-B OF THE ACT, ADDED DECEMBER 19, 1990 (P.L.1362,
8 NO.211), ARE AMENDED TO READ:
9 ARTICLE XIX-B.
10 THADDEUS STEVENS [STATE SCHOOL] COLLEGE OF TECHNOLOGY.
11 SECTION 1901-B. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN
12 AND MAY BE CITED AS THE "THADDEUS STEVENS [STATE SCHOOL] COLLEGE
13 OF TECHNOLOGY ACT."
14 SECTION 1902-B. LEGISLATIVE INTENT.--IT IS THE INTENT OF THE
15 GENERAL ASSEMBLY TO PROVIDE FOR THE CONTINUED EXISTENCE,
16 OPERATION AND ADMINISTRATION OF THE THADDEUS STEVENS [STATE
17 SCHOOL] COLLEGE OF TECHNOLOGY.
18 SECTION 1903-B. AUTHORIZATION TO CONTINUE [SCHOOL]
19 OPERATIONS.--THE INSTITUTION KNOWN AS THE THADDEUS STEVENS
20 [STATE SCHOOL] COLLEGE OF TECHNOLOGY, ESTABLISHED AND OPERATED
21 PURSUANT TO THE REPEALED PROVISIONS OF THE ACT OF MAY 11, 1905
22 (P.L.518, NO.429), IS HEREBY AUTHORIZED TO CONTINUE OPERATIONS
23 AND TO RECEIVE ANY STATE FUNDS OR AID TO WHICH IT MAY BE
24 ENTITLED. ALL LAWFUL ACTIONS AND EXPENDITURES MADE BY SAID
25 INSTITUTION BETWEEN OCTOBER 4, 1978, AND THE EFFECTIVE DATE OF
26 THIS ACT ARE HEREBY RATIFIED AND APPROVED BY THE GENERAL
27 ASSEMBLY. ALL POWERS, RIGHTS, PRIVILEGES, DUTIES AND
28 OBLIGATIONS, STATUTORY, CONTRACTUAL OR OTHERWISE, OF THADDEUS
29 STEVENS COLLEGE OF TECHNOLOGY OR ITS PREDECESSORS AND ITS BOARD
30 OF TRUSTEES AND OFFICERS, HERETOFORE EXISTING AND NOT OTHERWISE
20020H2644B4690 - 19 -
1 CHANGED OR REPEALED BY THIS ACT, SHALL CONTINUE IN FULL FORCE
2 AND EFFECT.
3 SECTION 2 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
4 SECTION 1903.1-B. APPROPRIATIONS.--APPROPRIATIONS FOR THE
5 OPERATION OF THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY SHALL
6 HAVE PREFERRED STATUS AND BE CONSIDERED ORDINARY EXPENSES OF
7 STATE GOVERNMENT.
8 SECTION 3 8. SECTIONS 1904-B AND 1906-B OF THE ACT, ADDED <--
9 DECEMBER 19, 1990 (P.L.1362, NO.211), ARE AMENDED TO READ:
10 SECTION 1904-B. SCHOOL PURPOSES.--(A) THE THADDEUS STEVENS
11 [STATE SCHOOL] COLLEGE OF TECHNOLOGY, LOCATED IN LANCASTER,
12 PENNSYLVANIA, SHALL CONTINUE TO PROVIDE FOR THE POSTSECONDARY
13 EDUCATION AND TRAINING OF INDIGENT ORPHANS.
14 (B) IF A SUFFICIENT NUMBER OF INDIGENT ORPHANS QUALIFIED FOR
15 ADMISSION PURSUANT TO SCHOOL STANDARDS FAIL TO APPLY, THEN THE
16 BOARD OF TRUSTEES OF [THIS CORPORATION] THE COLLEGE MAY ADMIT
17 FIRST OTHER DESERVING PERSONS AND, THEREAFTER, ORPHANS WHO MAY
18 NOT BE INDIGENT, AS THE TRUSTEES IN THEIR BEST JUDGMENT MAY
19 THINK PROPER.
20 (C) THOSE SHALL BE DEEMED ORPHANS WHO HAVE LOST EITHER
21 PARENT.
22 SECTION 1906-B. BOARD OF TRUSTEES.--THE BOARD OF TRUSTEES
23 SHALL CONSIST OF NINE MEMBERS, WHO SHALL SERVE WITHOUT
24 COMPENSATION AND BE APPOINTED BY THE GOVERNOR BY AND WITH THE
25 ADVICE AND CONSENT OF THE SENATE. SAID TRUSTEES SHALL BE A BODY
26 POLITIC [OR CORPORATE OF] AND CORPORATE CONSTITUTING A PUBLIC
27 CORPORATION WITH THE NAME OF THE THADDEUS STEVENS [STATE SCHOOL]
28 COLLEGE OF TECHNOLOGY. [THEY SHALL, UNDER SECTION 1311 OF THE
29 ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
30 ADMINISTRATIVE CODE OF 1929," HAVE GENERAL DIRECTION AND CONTROL
20020H2644B4690 - 20 -
1 OF THE PROPERTY AND MANAGEMENT OF THE INSTITUTION, DEVELOP BROAD
2 INSTITUTIONAL POLICY AND MAKE ALL NECESSARY BYLAWS AND
3 REGULATIONS, NOT INCONSISTENT WITH EITHER THE PROVISIONS OF THE
4 CONSTITUTION, LAWS OF THE COMMONWEALTH OR RULES AND REGULATIONS
5 OF THE STATE BOARD OF EDUCATION.] OF THE TRUSTEES FIRST
6 APPOINTED, THREE SHALL SERVE FOR ONE YEAR, THREE FOR TWO YEARS
7 AND THREE FOR THREE YEARS, AND, AT THE EXPIRATION OF THE
8 RESPECTIVE PERIODS, THE VACANCIES SHALL BE FILLED BY THE
9 GOVERNOR, BY APPOINTMENT, FOR [THREE] SIX YEARS, AS HEREINBEFORE
10 PROVIDED; AND, SHOULD ANY VACANCY OCCUR BY DEATH OR RESIGNATION
11 OR OTHERWISE OF ANY TRUSTEE, SUCH VACANCY SHALL BE FILLED, BY
12 APPOINTMENT AS AFORESAID, FOR THE UNEXPIRED TERM OF SAID
13 TRUSTEE. THE SECRETARY OF EDUCATION SHALL BE EX OFFICIO MEMBER
14 OF THE BOARD OF TRUSTEES.
15 SECTION 4 9. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
16 SECTION 1906.1-B. POWERS AND DUTIES OF THE BOARD OF
17 TRUSTEES.--(A) THE BOARD OF TRUSTEES SHALL DIRECT AND CONTROL
18 THE PROPERTY, PERSONNEL AND MANAGEMENT OF THE COLLEGE, DEVELOP
19 BROAD POLICY AND MAKE ALL NECESSARY BYLAWS AND REGULATIONS, NOT
20 INCONSISTENT WITH EITHER THE PROVISIONS OF THE CONSTITUTION,
21 LAWS OF THE COMMONWEALTH OR RULES AND REGULATIONS OF THE STATE
22 BOARD OF EDUCATION.
23 (B) THE BOARD OF TRUSTEES SHALL ELECT A PRESIDENT, SET THE
24 SALARY AND DELINEATE THE DUTIES AND RESPONSIBILITIES OF THE
25 PRESIDENT.
26 (C) THE BOARD OF TRUSTEES SHALL COORDINATE, REVIEW AND
27 APPROVE THE ANNUAL CAPITAL BUDGET REQUIREMENTS OF THE COLLEGE
28 AND THE ANNUAL OPERATING BUDGET OF THE COLLEGE. IT SHALL PRESENT
29 THESE ANNUAL BUDGETS WITH COMMENTS TO THE SECRETARY OF EDUCATION
30 FOR PRESENTATION TO THE STATE BOARD OF EDUCATION. THE STATE
20020H2644B4690 - 21 -
1 BOARD OF EDUCATION SHALL RETURN SUCH BUDGET REQUESTS,
2 RECOMMENDING APPROVAL OR DISAPPROVAL, WITH COMMENTS, IF ANY, TO
3 THE SECRETARY OF EDUCATION PRIOR TO THEIR SUBMISSION TO THE
4 SECRETARY OF THE BUDGET. THE BOARD OF TRUSTEES MAY ALSO SUBMIT
5 ITS BUDGET RECOMMENDATIONS AND FINDINGS TO THE GENERAL ASSEMBLY
6 SUBSEQUENT TO THE SUBMISSION OF THE GOVERNOR'S BUDGET TO THE
7 GENERAL ASSEMBLY.
8 (D) THE BOARD OF TRUSTEES SHALL HAVE THE AUTHORITY TO
9 DETERMINE THE COMPLEMENT AND TO MANAGE ALL PERSONNEL MATTERS FOR
10 THE COLLEGE. THE BOARD OF TRUSTEES SHALL BE EXEMPT FROM ALL
11 PROVISIONS OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN
12 AS "THE ADMINISTRATIVE CODE OF 1929," AND THE ACT OF APRIL 9,
13 1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL CODE," REQUIRING
14 THE APPROVAL OR DECISION OF ANY EXECUTIVE AGENCY WITH RESPECT TO
15 COMPLEMENT CONTROL AND PERSONNEL ADMINISTRATION FOR THE COLLEGE.
16 (E) SUBSEQUENT TO THE ENACTMENT OF THE GENERAL APPROPRIATION
17 ACT FOR EACH APPLICABLE FISCAL YEAR BY THE GENERAL ASSEMBLY, THE
18 BOARD OF TRUSTEES SHALL HAVE THE AUTHORITY TO REBUDGET AND
19 REALLOCATE THE BUDGETED FUNDS APPROPRIATED TO THE COLLEGE AT ITS
20 DISCRETION WITHOUT THE NECESSITY OF FURTHER APPROVAL OR
21 DIRECTION BY ANY EXECUTIVE AGENCY. THE BOARD OF TRUSTEES SHALL
22 BE EXEMPT FROM ALL PROVISIONS OF "THE ADMINISTRATIVE CODE OF
23 1929" AND "THE FISCAL CODE" REQUIRING THE APPROVAL OR DECISION
24 OF ANY EXECUTIVE AGENCY WITH RESPECT TO THE REBUDGET AND
25 REALLOCATION OF BUDGETED FUNDS TO THE COLLEGE.
26 (F) THE BOARD OF TRUSTEES SHALL BE RESPONSIBLE FOR THE
27 PROPER EXPENDITURE, INVESTMENT AND DISPOSITION OF ALL FUNDS BOTH
28 APPROPRIATED AND UNAPPROPRIATED NECESSARY FOR THE OPERATION OF
29 THE COLLEGE.
30 (G) THE BOARD OF TRUSTEES SHALL BE RESPONSIBLE FOR THE
20020H2644B4690 - 22 -
1 APPOINTMENT OF THE COMPTROLLER OF THE COLLEGE WHO SHALL NOT BE
2 SUBJECT TO APPOINTMENT BY THE GOVERNOR.
3 (H) SUBSEQUENT TO THE ENACTMENT OF THE GENERAL APPROPRIATION
4 ACT FOR EACH APPLICABLE FISCAL YEAR BY THE GENERAL ASSEMBLY BUT
5 NOT EARLIER THAN JULY 1 OF EACH FISCAL YEAR, THE STATE TREASURER
6 SHALL MAKE AVAILABLE TO THE BOARD OF TRUSTEES THE AMOUNT OF
7 FUNDS APPROPRIATED TO THE COLLEGE FOR THAT FISCAL YEAR.
8 (I) THE BOARD OF TRUSTEES SHALL COOPERATE WITH AND ACCEPT
9 GRANTS AND ASSISTANCE FROM FEDERAL AND STATE AGENCIES, LOCAL
10 GOVERNMENTS OR OTHER POLITICAL SUBDIVISIONS, FOUNDATIONS,
11 CORPORATIONS OR ANY OTHER SOURCE FOR ANY OF THE LAWFUL PURPOSES
12 OF THE COLLEGE. ALL MONEY RECEIVED FROM SOURCES AUTHORIZED BY
13 THIS SECTION ARE HEREBY APPROPRIATED TO THE THADDEUS STEVENS
14 COLLEGE OF TECHNOLOGY.
15 (J) THE BOARD OF TRUSTEES SHALL HAVE NO POWER AT ANY TIME OR
16 IN ANY MANNER, TO PLEDGE THE CREDIT OR TAXING POWER OF THE
17 COMMONWEALTH OF PENNSYLVANIA, NOR SHALL ANY OF ITS OBLIGATIONS
18 OR DEBTS BE DEEMED TO BE OBLIGATIONS OF THE COMMONWEALTH OF
19 PENNSYLVANIA, NOR SHALL THE COMMONWEALTH OF PENNSYLVANIA BE
20 LIABLE FOR THE PAYMENT OF PRINCIPAL OR INTEREST ON SUCH
21 OBLIGATIONS.
22 (K) THE BOARD OF TRUSTEES SHALL HAVE THE AUTHORITY TO CAUSE
23 AN INDEPENDENT AUDIT OF THE FINANCES OF THE COLLEGE.
24 SECTION 5 10. SECTIONS 1907-B, 1909-B, 1910-B, 1911-B, 1912- <--
25 B AND 1913-B OF THE ACT, ADDED DECEMBER 19, 1990 (P.L.1362,
26 NO.211), ARE AMENDED TO READ:
27 SECTION 1907-B. PRESIDENT OF SCHOOL.--THE CHIEF
28 ADMINISTRATOR AND ACADEMIC OFFICER OF THE THADDEUS STEVENS
29 [STATE SCHOOL] COLLEGE OF TECHNOLOGY SHALL BE THE PRESIDENT
30 WHOSE DUTIES SHALL BE DEFINED BY THE BOARD OF TRUSTEES [AND
20020H2644B4690 - 23 -
1 APPROVED BY THE SECRETARY OF EDUCATION].
2 SECTION 1909-B. TUITION STUDENTS.--IN ADDITION TO STATE-
3 SUPPORTED RESIDENT STUDENTS AS DEFINED IN SECTION 1904-B, THE
4 BOARD OF TRUSTEES MAY ADMIT FOR STUDY AT THE SCHOOL PART-TIME OR
5 FULL-TIME TUITION STUDENTS AND SHALL FIX AND CHARGE TUITION
6 RATES [AS APPROVED BY THE SECRETARY OF EDUCATION] FOR SUCH
7 STUDENTS. ALL MONEY COLLECTED AS TUITION BY THE [INSTITUTION]
8 COLLEGE SHALL BE [PAID INTO THE GENERAL FUND AND CREDITED TO THE
9 APPROPRIATIONS MADE TO THE INSTITUTION.] DEPOSITED INTO AN
10 ACCOUNT HELD BY THE COLLEGE AND EXPENDED AT THE DISCRETION OF A
11 MAJORITY OF THE BOARD OF TRUSTEES.
12 SECTION 1910-B. RIGHTS OF FACULTY AND STAFF.--(A) EXCEPT AS
13 OTHERWISE PROVIDED BY LAW, FACULTY EMPLOYED IN THE THADDEUS
14 STEVENS [STATE SCHOOL] COLLEGE OF TECHNOLOGY SHALL CONTINUE TO
15 ENJOY THE SAME RIGHTS AND PRIVILEGES AS PROVIDED ON JUNE 30,
16 1990. NOTHING CONTAINED HEREIN SHALL SUPERSEDE OR PREEMPT ANY
17 PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED
18 BETWEEN THE COMMONWEALTH AND AN EXCLUSIVE REPRESENTATIVE OF THE
19 EMPLOYES IN ACCORDANCE WITH THE ACT OF JULY 23, 1970 (P.L.563,
20 NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT." NEW
21 COLLECTIVE BARGAINING AGREEMENTS WITH PROFESSIONAL AND
22 NONINSTRUCTIONAL FACULTY AND STAFF SHALL BE NEGOTIATED JOINTLY
23 BY THE COMMONWEALTH AND THE BOARD OF TRUSTEES. IN NO EVENT SHALL
24 THE FACULTY BE CONSIDERED TO BE IN THE CLASSIFIED SERVICE, AS
25 DEFINED BY THE ACT OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN AS
26 THE "CIVIL SERVICE ACT."
27 (B) ALL STAFF HIRED BY THE THADDEUS STEVENS COLLEGE OF
28 TECHNOLOGY AFTER THE EFFECTIVE DATE OF THIS SUBSECTION SHALL BE
29 EXCLUDED FROM CLASSIFIED SERVICE, AS DEFINED BY THE "CIVIL
30 SERVICE ACT."
20020H2644B4690 - 24 -
1 (C) NOTHING CONTAINED HEREIN SHALL IN ANY MANNER CHANGE OR
2 AFFECT THE STATUS OF:
3 (I) THE FACULTY AND STAFF OF THE THADDEUS STEVENS COLLEGE OF
4 TECHNOLOGY AS EMPLOYES OF THE COMMONWEALTH, INCLUDING, BUT NOT
5 LIMITED TO, ALL BENEFITS RECEIVED AS COMMONWEALTH EMPLOYES,
6 INCLUDING RETIREMENT BENEFITS PROVIDED FOR UNDER 24 PA.C.S. PT.
7 IV (RELATING TO RETIREMENT FOR SCHOOL EMPLOYEES) OR 24 PA.C.S. §
8 8301 (RELATING TO MANDATORY AND OPTIONAL MEMBERSHIP) OR 71
9 PA.C.S. PT. XXV (RELATING TO RETIREMENT FOR STATE EMPLOYEES AND
10 OFFICERS) OR 71 PA.C.S. § 5301 (RELATING TO MANDATORY AND
11 OPTIONAL MEMBERSHIP) OR THE RIGHT OF ELIGIBLE EMPLOYES TO
12 PARTICIPATE OR TO ELECT PARTICIPATION IN THE TEACHERS INSURANCE
13 AND ANNUITY ASSOCIATION OF AMERICA - COLLEGE RETIREMENT EQUITIES
14 FUND (TIAA-CREF) RETIREMENT PLAN; OR
15 (II) THE EXCLUSIVE BARGAINING REPRESENTATIVES, WHICH ARE
16 REPRESENTING FACULTY OR STAFF, PURSUANT TO THE PROVISIONS OF THE
17 ACT OF JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC
18 EMPLOYE RELATIONS ACT."
19 SECTION 1911-B. VISITATION PRIVILEGES.--THE GOVERNOR,
20 SECRETARY OF EDUCATION, JUDGES OF THE SEVERAL COURTS OF THE
21 COMMONWEALTH AND SENATORS AND REPRESENTATIVES OF THE GENERAL
22 ASSEMBLY SHALL BE EX OFFICIO VISITORS OF SAID [INSTITUTION]
23 COLLEGE, AND IT SHALL BE SUBJECT TO INSPECTION BY THE DEPARTMENT
24 OF EDUCATION[, AND AN ANNUAL REPORT OF THE CONDUCT AND
25 MANAGEMENT OF THE SCHOOL SHALL BE MADE BY THE PRESIDENT OF THE
26 THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY TO THE GENERAL
27 ASSEMBLY AND THE SECRETARY OF EDUCATION].
28 SECTION 1912-B. PRIOR REFERENCES.--WHENEVER, IN ANY LAW,
29 REFERENCE IS MADE TO THE THADDEUS STEVENS INDUSTRIAL AND REFORM
30 SCHOOL OF PENNSYLVANIA [OR], THE THADDEUS STEVENS TRADE SCHOOL
20020H2644B4690 - 25 -
1 OR THE THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY, IT SHALL BE
2 DEEMED TO REFER TO AND INCLUDE THE THADDEUS STEVENS [STATE
3 SCHOOL] COLLEGE OF TECHNOLOGY.
4 SECTION 1913-B. ACQUISITION AND DISPOSITION OF PROPERTY.--
5 [THE TRUSTEES OF THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY
6 SHALL HAVE THE AUTHORITY TO ACQUIRE AND RETAIN ANY PROPERTY,
7 REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, NECESSARY OR
8 DESIRABLE FOR CARRYING OUT THE PURPOSES OF THE SCHOOL, AND TO
9 SELL, TRANSFER AND DISPOSE OF ANY PROPERTY, REAL, PERSONAL OR
10 MIXED, TANGIBLE OR INTANGIBLE, OR ANY INTEREST THEREIN AT ANY
11 TIME ACQUIRED BY IT AND TO TAKE, DEMAND, RECEIVE AND POSSESS ALL
12 MONEYS, REAL PROPERTY AND GOODS WHICH SHALL BE APPROPRIATED,
13 GIVEN OR GRANTED TO AND FOR THE USE OF THE SCHOOL AND TO APPLY
14 THE SAME ACCORDING TO THE WILL OF THE DONORS; AND, BY GIFT,
15 PURCHASE OR DEVISE, TO RECEIVE, POSSESS, ENJOY AND RETAIN
16 FOREVER ANY AND ALL REAL AND PERSONAL ESTATE AND FUNDS, OF
17 WHATSOEVER KIND, NATURE OR QUALITY THE SAME MAY BE, IN SPECIAL
18 TRUST AND CONFIDENCE THAT THE SAME, AND THE PROFITS THEREOF,
19 SHALL BE APPLIED TO AND FOR THE USE AND PURPOSE OF ENDOWING THE
20 SCHOOL, AND SHALL HAVE POWER TO RECEIVE DONATIONS FROM ANY
21 SOURCE WHATEVER, TO BE EXCLUSIVELY DEVOTED TO THE PURPOSES OF
22 THE SCHOOL OR ACCORDING TO THE TERMS OF DONATION.] (A) THE
23 THADDEUS STEVENS COLLEGE OF TECHNOLOGY IS HEREBY GRANTED AND
24 SHALL HAVE AND MAY EXERCISE ALL THE POWERS NECESSARY OR
25 CONVENIENT TO ACQUIRE, PURCHASE, HOLD, LEASE AS LESSEE AND USE
26 ANY PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE,
27 OR ANY INTEREST THEREIN, LEASE AS LESSOR ANY PROPERTY, REAL,
28 PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, NECESSARY OR
29 DESIRABLE FOR CARRYING OUT THE PURPOSES OF THE COLLEGE, AND TO
30 SELL, TRANSFER AND DISPOSE OF ANY PROPERTY ACQUIRED BY GIFT,
20020H2644B4690 - 26 -
1 GRANT, DEVISE OR BEQUEST, WHETHER THE PROPERTY IS REAL, PERSONAL
2 OR MIXED, TANGIBLE OR INTANGIBLE, OR ANY INTEREST THEREIN; TO
3 TAKE, DEMAND, RECEIVE AND POSSESS ALL MONEYS, REAL PROPERTY AND
4 GOODS WHICH SHALL BE APPROPRIATED, GIVEN OR GRANTED TO FOR THE
5 USE OF THE COLLEGE AND TO APPLY THE SAME ACCORDING TO THE WILL
6 OF THE DONORS; TO SELL, TRANSFER AND DISPOSE OF REAL PROPERTY
7 ACQUIRED BY AND TITLED TO THE COLLEGE UPON APPROVAL BY THE
8 GENERAL ASSEMBLY AS PROVIDED IN THIS SECTION; AND BY GIFT,
9 PURCHASE OR DEVISE TO RECEIVE, POSSESS, ENJOY AND RETAIN FOREVER
10 ANY AND ALL REAL AND PERSONAL ESTATE AND FUNDS, OF WHATSOEVER
11 KIND, NATURE OR QUALITY THE SAME MAY BE, IN SPECIAL TRUST AND
12 CONFIDENCE THAT THE SAME, AND THE PROFITS THEREOF, SHALL BE
13 APPLIED TO AND FOR THE USE AND PURPOSE OF ENDOWING THE COLLEGE,
14 AND SHALL HAVE POWER TO RECEIVE DONATIONS FROM ANY SOURCE
15 WHATEVER, TO BE EXCLUSIVELY DEVOTED TO THE PURPOSES OF THE
16 COLLEGE OR ACCORDING TO THE TERMS OF DONATION: PROVIDED,
17 HOWEVER, THAT THE COLLEGE SHALL HAVE NO POWER AT ANY TIME OR IN
18 ANY MANNER, TO PLEDGE THE CREDIT OR TAXING POWER OF THE
19 COMMONWEALTH, NOR SHALL ANY OF ITS OBLIGATIONS OR DEBTS BE
20 DEEMED TO BE OBLIGATIONS OF THE COMMONWEALTH, NOR SHALL THE
21 COMMONWEALTH BE LIABLE FOR THE PAYMENT OF PRINCIPAL OR INTEREST
22 ON SUCH OBLIGATIONS.
23 (B) WHENEVER THE BOARD OF TRUSTEES DEEMS THAT IT IS
24 NECESSARY OR DESIRABLE TO SELL, TRANSFER OR DISPOSE OF REAL
25 PROPERTY ACQUIRED OR CONSTRUCTED IN ANY PART WITH FUNDS FROM THE
26 COMMONWEALTH OF PENNSYLVANIA AND TITLED TO THE COLLEGE, IT SHALL
27 REQUEST AUTHORIZATION FROM THE GENERAL ASSEMBLY TO SELL,
28 TRANSFER OR DISPOSE OF SAID REAL PROPERTY; AND FROM TIME TO
29 TIME, AS NECESSARY, THE BOARD OF TRUSTEES SHALL SUBMIT TO THE
30 CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF
20020H2644B4690 - 27 -
1 THE SENATE REQUESTS TO SELL, TRANSFER OR DISPOSE OF REAL
2 PROPERTY ACQUIRED BY AND TITLED TO THE COLLEGE FOR CONSIDERATION
3 BY THE GENERAL ASSEMBLY.
4 (C) EACH REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
5 DISPOSE OF REAL PROPERTY TRANSMITTED TO THE GENERAL ASSEMBLY
6 SHALL BE PROPOSED AS A RESOLUTION, AND SHALL BE PLACED ON THE
7 CALENDAR OF EACH HOUSE FOR THE NEXT LEGISLATIVE DAY FOLLOWING
8 ITS RECEIPT, AND SHALL BE CONSIDERED BY EACH HOUSE WITHIN THIRTY
9 (30) CALENDAR DAYS OF CONTINUOUS SESSION OF THE GENERAL
10 ASSEMBLY.
11 (D) EACH REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
12 DISPOSE OF REAL PROPERTY SHALL TAKE EFFECT IF IT IS APPROVED BY
13 A MAJORITY VOTE OF THE DULY ELECTED MEMBERSHIP OF EACH HOUSE
14 DURING SUCH THIRTY-DAY PERIOD OR MAY BE DISAPPROVED BY EITHER
15 HOUSE DURING THAT PERIOD BY A MAJORITY VOTE OF THE DULY ELECTED
16 MEMBERSHIP OF EACH HOUSE.
17 (E) NO RESOLUTION SHALL BE EFFECTIVE:
18 (1) UNLESS IT DESIGNATES THE NUMBER OF THE REQUEST FOR
19 AUTHORIZATION TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY AND
20 THE DATE ON WHICH IT WAS TRANSMITTED TO THE GENERAL ASSEMBLY; OR
21 (2) IF IT SPECIFIES MORE THAN ONE REQUEST FOR AUTHORIZATION
22 TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY EXCEPT AS
23 OTHERWISE PROVIDED BY SUBSECTION (H) OF THIS SECTION.
24 (F) THE EFFECTIVE DATE OF EACH REQUEST FOR AUTHORIZATION TO
25 SELL, DISPOSE OR TRANSFER REAL PROPERTY SHALL BE THE DATE OF
26 APPROVAL OF THE LAST OF THE TWO HOUSES TO ACT. UPON THE
27 EXPIRATION OF THE THIRTY-DAY PERIOD AFTER THE DELIVERY OF THE
28 REQUEST FOR AUTHORIZATION TO SELL, DISPOSE OR TRANSFER REAL
29 PROPERTY TO THE TWO HOUSES OF THE GENERAL ASSEMBLY AND THE
30 FAILURE TO ACT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION,
20020H2644B4690 - 28 -
1 EACH REQUEST FOR AUTHORIZATION TO SELL, DISPOSE OR TRANSFER REAL
2 PROPERTY SHALL BECOME EFFECTIVE.
3 (G) FOR THE PURPOSES OF SUBSECTION (C) OF THIS SECTION:
4 (1) CONTINUITY OF SESSION SHALL BE CONSIDERED AS BROKEN ONLY
5 BY AN ADJOURNMENT OF THE GENERAL ASSEMBLY SINE DIE.
6 (2) IN THE COMPUTATION OF THE THIRTY-DAY PERIOD, THERE SHALL
7 BE EXCLUDED THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION
8 BECAUSE OF AN ADJOURNMENT OF MORE THAN TEN (10) DAYS TO A DAY
9 CERTAIN.
10 (H) ANY PROVISION OF THE REQUEST FOR AUTHORIZATION TO SELL,
11 DISPOSE OR TRANSFER REAL PROPERTY MAY, UNDER PROVISIONS
12 CONTAINED THEREIN, BE MADE OPERATIVE AT A TIME LATER THAN THE
13 DATE ON WHICH THE REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
14 DISPOSE OF REAL PROPERTY OTHERWISE TAKES EFFECT.
15 SECTION 6 11. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
16 SECTION 1913-B.1. (A) THE THADDEUS STEVENS COLLEGE OF
17 TECHNOLOGY IS HEREBY AUTHORIZED TO EXECUTE AND ADMINISTER
18 CONTRACTS FOR CONSTRUCTION, REPAIR, RENOVATION AND MAINTENANCE
19 PROJECTS WITHIN THE MEANING OF SECTION 2401.1 OF THE ACT OF
20 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE
21 CODE OF 1929," INCLUDING ALL ASPECTS OF PROJECT MANAGEMENT,
22 DESIGN AND CONSTRUCTION AND LEGAL AND ADMINISTRATIVE SERVICES
23 RELATED TO AND NECESSARY FOR THE COMPLETION OF SUCH PROJECTS,
24 EXCEPT CAPITAL PROJECTS WHICH ARE FUNDED BY COMMONWEALTH GENERAL
25 OBLIGATION BONDS, CAPITAL APPROPRIATIONS OR PURSUANT THE TO THE
26 ACT OF FEBRUARY 9, 1999 (P.L.1, NO.1), KNOWN AS THE "CAPITAL
27 FACILITIES DEBT ENABLING ACT," UNLESS DELEGATED BY THE
28 DEPARTMENT OF GENERAL SERVICES TO THE COLLEGE.
29 (B) THE COLLEGE SHALL REVIEW THE WORK, EXPERIENCE AND
30 QUALIFICATIONS OF ARCHITECTS AND ENGINEERS SEEKING CONTRACTS
20020H2644B4690 - 29 -
1 FROM THE COLLEGE UNDER THIS SECTION AND, ON THE BASIS OF MERIT,
2 SELECT AND APPOINT ARCHITECTS AND ENGINEERS FOR THE DESIGN,
3 CONTRACT ADMINISTRATION AND, AT THE COLLEGE'S DISCRETION,
4 INSPECTION OF A PROJECT AUTHORIZED BY THIS SECTION. THE BOARD OF
5 TRUSTEES SHALL GIVE PUBLIC NOTICE IN THE MANNER PROVIDED BY LAW
6 OF PROJECTS WHICH REQUIRE THE SERVICES OF ARCHITECTS AND
7 ENGINEERS. THE BOARD OF TRUSTEES SHALL INCLUDE, BUT NOT BE
8 LIMITED TO, CONSIDERATION OF THE FOLLOWING FACTORS IN THE
9 SELECTION OF ARCHITECTS AND ENGINEERS:
10 (1) EQUITABLE DISTRIBUTION OF CONTRACTS AMONG QUALIFIED
11 ARCHITECTS AND ENGINEERS;
12 (2) CAPABILITY TO PERFORM THE DESIGN AND CONSTRUCTION
13 SERVICES FOR THE CONTRACT BEING CONSIDERED;
14 (3) GEOGRAPHIC PROXIMITY OF THE ARCHITECT OR ENGINEER TO THE
15 PROPOSED FACILITY;
16 (4) ABILITY OF THE ARCHITECT OR ENGINEER TO FURNISH THE
17 NECESSARY AVAILABLE MANPOWER TO PERFORM THE SERVICES REQUIRED BY
18 THE PROJECT; AND
19 (5) ANY OTHER RELATED CIRCUMSTANCES PECULIAR TO THE PROPOSED
20 CONTRACT.
21 (C) ALL CONTRACTS, OTHER THAN CONTRACTS FOR THE RETENTION OF
22 ARCHITECTS AND ENGINEERS, AUTHORIZED BY THIS SECTION WHICH
23 EXCEED TEN THOUSAND DOLLARS ($10,000) OR ANY LARGER AMOUNT AS
24 OTHERWISE PROVIDED FOR IN 62 PA.C.S. (RELATING TO PROCUREMENT)
25 SHALL BE ADVERTISED IN THE MANNER PROVIDED BY LAW AND
26 COMPETITIVELY BID AND AWARDED TO THE LOWEST RESPONSIBLE BIDDER.
27 IN CASE OF EMERGENCIES AND NOTWITHSTANDING ANY OTHER PROVISION
28 OF THIS SECTION TO THE CONTRARY, THE BOARD OF TRUSTEES MAY MAKE
29 OR AUTHORIZE OTHERS TO MAKE AN EMERGENCY PROCUREMENT WHENEVER A
30 THREAT EXISTS TO PUBLIC HEALTH, WELFARE OR SAFETY OR
20020H2644B4690 - 30 -
1 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE COLLEGE AND CREATES AN
2 URGENCY OF NEED WHICH DOES NOT PERMIT THE DELAY INVOLVED IN
3 USING MORE FORMAL COMPETITIVE METHODS. WHENEVER PRACTICAL, IN
4 THE CASE OF A PROCUREMENT OF A SUPPLY, AT LEAST TWO (2) BIDS
5 SHALL BE SOLICITED. A WRITTEN DETERMINATION OF THE BASIS FOR THE
6 EMERGENCY AND FOR THE SELECTION OF THE PARTICULAR CONTRACTOR
7 SHALL BE INCLUDED IN THE CONTRACT FILE.
8 (D) THE POWER AND AUTHORITY GRANTED BY THIS SECTION SHALL
9 NOT BE EXERCISED BY THE COLLEGE OR THE BOARD OF TRUSTEES FOR A
10 PROJECT TO MODIFY, REPAIR OR RENOVATE ANY FACILITY ERECTED BY
11 THE DEPARTMENT OF GENERAL SERVICES UNLESS PRIOR WRITTEN NOTICE
12 SETTING FORTH THE NATURE, SCOPE, EXTENT AND DESCRIPTION OF SUCH
13 PROJECT HAS BEEN GIVEN TO THE DEPARTMENT OF GENERAL SERVICES.
14 (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AMENDING,
15 REPEALING OR OTHERWISE MODIFYING THE PROVISIONS OF THE ACT OF
16 MAY 1, 1913 (P.L.155, NO.104), ENTITLED "AN ACT REGULATING THE
17 LETTING OF CERTAIN CONTRACTS FOR THE ERECTION, CONSTRUCTION, AND
18 ALTERATION OF PUBLIC BUILDINGS," OR THE ACT OF AUGUST 15, 1961
19 (P.L.987, NO.442), KNOWN AS THE "PENNSYLVANIA PREVAILING WAGE
20 ACT."
21 (F) THE COLLEGE IS AUTHORIZED TO TRANSFER AND CONVEY ANY
22 EASEMENTS OR LICENSES NECESSITATED BY ANY CONSTRUCTION PROJECT
23 WHICH HAS BEEN PREVIOUSLY AUTHORIZED BY THE BOARD OF TRUSTEES.
24 SECTION 1914-B. PURCHASING.--FOR PURPOSES OF 62 PA.C.S.
25 (RELATING TO PROCUREMENT), THE THADDEUS STEVENS COLLEGE OF
26 TECHNOLOGY SHALL BE CONSIDERED A "STATE-AFFILIATED ENTITY" AS
27 DEFINED BY 62 PA.C.S. § 103 (RELATING TO DEFINITIONS).
28 SECTION 1915-B. AUDIT AND FINANCIAL REPORTS.--THE ACTIVITIES
29 OF THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY SHALL BE SUBJECT
30 TO THE AUDIT OF THE DEPARTMENT OF THE AUDITOR GENERAL, BUT THE
20020H2644B4690 - 31 -
1 COLLEGE SHALL NOT BE REQUIRED TO PAY A FEE FOR ANY SUCH AUDIT.
2 THE PRESIDENT OF THE COLLEGE SHALL MAKE AN ANNUAL REPORT TO THE
3 GOVERNOR, THE APPROPRIATIONS COMMITTEE AND EDUCATION COMMITTEE
4 OF THE SENATE AND THE APPROPRIATIONS COMMITTEE AND EDUCATION
5 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE STATE BOARD OF
6 EDUCATION SHOWING THE FINANCIAL CONDITION OF THE COLLEGE AT THE
7 END OF THE COMMONWEALTH'S FISCAL YEAR.
8 SECTION 1916-B. ANNUAL REPORT.--THE BOARD OF TRUSTEES SHALL
9 BE REQUIRED TO SUBMIT A REPORT TO THE GOVERNOR, THE
10 APPROPRIATIONS COMMITTEE AND EDUCATION COMMITTEE OF THE SENATE
11 AND THE APPROPRIATIONS COMMITTEE AND EDUCATION COMMITTEE OF THE
12 HOUSE OF REPRESENTATIVES AND THE STATE BOARD OF EDUCATION NO
13 LATER THAN SEPTEMBER 1, WHICH SHALL COVER THE TWELVE-MONTH
14 PERIOD BEGINNING WITH THE SUMMER TERM OF THE PRECEDING YEAR AND
15 SHALL INCLUDE:
16 (1) THE DEFINITIONS AND NUMBER OF FACULTY MEMBERS AND STAFF
17 EMPLOYED FULL TIME, THE NUMBER OF FACULTY MEMBERS AND STAFF
18 EMPLOYED PART TIME, THE NUMBER OF FULL-TIME STUDENTS ENROLLED
19 AND THE NUMBER OF PART-TIME STUDENTS ENROLLED.
20 (2) THE TOTAL NUMBER OF CREDIT HOURS TAUGHT AND THE MINIMUM
21 NUMBER OF CREDIT HOURS REQUIRED FOR GRADUATION.
22 (3) THE DEGREES AND PROGRAMS OFFERED BY THE INSTITUTION.
23 (4) THE TOTAL NUMBER OF GRADUATES AND THE TOTAL NUMBER OF
24 GRADUATES BY DEGREE OR PROGRAM.
25 (5) THE NUMBER OF TERMS SCHEDULED AND DATES THEREOF.
26 SECTION 1917-B. DEFINITIONS.--FOR THE PURPOSES OF THIS
27 ARTICLE, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE
28 FOLLOWING MEANINGS, RESPECTIVELY, EXCEPT IN THOSE INSTANCES
29 WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING:
30 (1) "BOARD OF TRUSTEES" SHALL MEAN THE BOARD OF TRUSTEES OF
20020H2644B4690 - 32 -
1 THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
2 (2) "COLLEGE" SHALL MEAN THE THADDEUS STEVENS COLLEGE OF
3 TECHNOLOGY.
4 (3) "SECRETARY" SHALL MEAN THE SECRETARY OF EDUCATION OF THE
5 COMMONWEALTH OF PENNSYLVANIA OR SUCH PERSON AS THE SECRETARY MAY
6 DESIGNATE TO ACT ON BEHALF OF THE SECRETARY WITH REGARD TO ANY
7 OF THE DUTIES AND PREROGATIVES IMPOSED BY THIS ACT.
8 (4) "STATE BOARD" SHALL MEAN THE STATE BOARD OF EDUCATION.
9 SECTION 12. SECTION 2134 OF THE ACT, ADDED JUNE 29, 2002 <--
10 (P.L.524, NO.88), IS AMENDED TO READ:
11 SECTION 2134. PLACEMENT OF CERTAIN ADJUDICATED STUDENTS.--
12 (A) NO STUDENT RETURNING FROM PLACEMENT [OR WHO IS ON
13 PROBATION] AS A RESULT OF BEING ADJUDICATED DELINQUENT UNDER 42
14 PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS) OR WHO HAS BEEN
15 ADJUDGED TO HAVE COMMITTED A CRIME UNDER AN ADULT CRIMINAL
16 PROCEEDING SHALL BE RETURNED DIRECTLY TO THE REGULAR CLASSROOM.
17 (B) PRIOR TO RETURNING SUCH STUDENT TO THE REGULAR
18 CLASSROOM, THE SCHOOL DISTRICT SHALL:
19 (1) PLACE THE STUDENT IN A TRANSITION CENTER OPERATED BY THE
20 SCHOOL DISTRICT FOR A PERIOD NOT TO EXCEED FOUR (4) WEEKS.
21 (2) DEVELOP A TRANSITION PLAN FOR THE STUDENT THAT INCLUDES
22 ACADEMIC GOALS, IDENTIFIES SCHOOL AND COMMUNITY SERVICES
23 APPROPRIATE TO THE NEEDS OF THE STUDENT AND ESTABLISHES TERMS
24 AND CONDITIONS THE STUDENT MUST MEET PRIOR TO RETURNING TO THE
25 REGULAR CLASSROOM.
26 [(3) PLACE THE STUDENT IN AN ALTERNATIVE EDUCATION PROGRAM
27 AS DEFINED IN ARTICLE XIX-C, IN A PRIVATE ALTERNATIVE EDUCATION
28 INSTITUTION AS DEFINED IN ARTICLE XIX-E, IN A GENERAL EDUCATION
29 DEVELOPMENT PROGRAM OR IN A PROGRAM OPERATING AFTER THE
30 TRADITIONAL SCHOOL DAY AS PROVIDED FOR IN THE TRANSITION PLAN
20020H2644B4690 - 33 -
1 DEVELOPED PURSUANT TO CLAUSE (2).]
2 (C) THE TRANSITION PLAN DEVELOPED UNDER SUBSECTION (B)(2)
3 MAY PROVIDE FOR THE STUDENT'S DIRECT RETURN TO A REGULAR
4 CLASSROOM WHERE THE UNDERLYING OFFENSE DID NOT INVOLVE ANY OF
5 THE FOLLOWING:
6 (I) POSSESSION OF A WEAPON.
7 (II) POSSESSION, USE OR SALE OF CONTROLLED SUBSTANCES AS
8 DEFINED IN THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS
9 "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT."
10 (III) POSSESSION, USE OR SALE OF ALCOHOL OR TOBACCO BY ANY
11 PERSON ON SCHOOL PROPERTY.
12 (IV) AN ACT OF VIOLENCE AS DEFINED IN SECTION 1310-A(H).
13 (D) IN THE CASE OF A STUDENT WHOSE TRANSITION PLAN DOES NOT
14 INCLUDE IMMEDIATE RETURN TO THE REGULAR CLASSROOM THE STUDENT
15 SHALL BE PLACED IN ONE OF THE FOLLOWING AS PROVIDED FOR IN THE
16 STUDENT'S TRANSITION PLAN:
17 (1) AN ALTERNATIVE EDUCATION PROGRAM AS DEFINED IN ARTICLE
18 XIX-C.
19 (2) A PRIVATE ALTERNATIVE EDUCATION INSTITUTION AS DEFINED
20 IN ARTICLE XIX-E.
21 (3) A GENERAL EDUCATION DEVELOPMENT PROGRAM.
22 (4) A PROGRAM OPERATING AFTER THE TRADITIONAL SCHOOL DAY.
23 (E) (1) PRIOR TO THE RELEASE OF A STUDENT SUBJECT TO THIS
24 SECTION FROM A RESIDENTIAL OR DAY TREATMENT PLACEMENT AS A
25 RESULT OF BEING ADJUDICATED DELINQUENT UNDER 42 PA.C.S. CH. 63
26 (RELATING TO JUVENILE MATTERS) OR RETURNING FROM INCARCERATION
27 AS A RESULT OF HAVING BEEN ADJUDGED TO HAVE COMMITTED A CRIME
28 UNDER AN ADULT CRIMINAL PROCEEDING, THE COURT SHALL PROVIDE TO
29 THE PERSON DESIGNATED IN CHARGE OF THE SCHOOL DISTRICT'S
30 TRANSITION CENTER THE INFORMATION REQUIRED IN THE SCHOOL
20020H2644B4690 - 34 -
1 NOTIFICATION PROVISION UNDER 42 PA.C.S. § 6341(B.1) (RELATING TO
2 ADJUDICATION).
3 (2) THE INFORMATION SHALL BE UPDATED BY THE COURT WITH
4 INFORMATION PERTAINING TO TREATMENT REPORTS AND SUPERVISION
5 PLANS OR ANY OTHER INFORMATION DEEMED NECESSARY BY THE
6 TRANSITION PLAN AND ASSURE APPROPRIATE PLACEMENT OF THE STUDENT.
7 SECTION 13. SECTION 2595(F.2) OF THE ACT, ADDED JUNE 29,
8 2002 (P.L.524, NO.88), IS AMENDED TO READ:
9 SECTION 2595. SCHOOL PERFORMANCE INCENTIVES.--* * *
10 (F.2) PURSUANT TO GUIDELINES ISSUED BY THE DEPARTMENT OF
11 EDUCATION, UP TO TEN PERCENT (10%) OF THE ALLOCATION FOR SCHOOL
12 PERFORMANCE FUNDING UNDER THIS SECTION MAY BE USED BY THE
13 DEPARTMENT TO ESTABLISH AN INCENTIVE PROGRAM TO REWARD SCHOOL
14 ENTITIES THAT SHOW IMPROVED ACADEMIC PERFORMANCE AS EVIDENCED BY
15 [A DECLINE IN THE PERCENTAGE OF STUDENTS WHO SCORE BELOW THE
16 BASIC LEVEL OF PROFICIENCY AS DEFINED BY 22 PA. CODE CH. 4
17 (RELATING TO ACADEMIC STANDARDS AND ASSESSMENT)] AN INCREASE IN
18 THE PERCENTAGE OF STUDENTS WHO SCORE AT OR ABOVE THE LEVEL OF
19 PROFICIENCY SET BY THE STATE BOARD OF EDUCATION TO MEET THE
20 REQUIREMENTS OF SECTION 2603-B(D)(10)(I) AND WHO ARE IN
21 DISAGGREGATED GROUPS, INCLUDING THE FOLLOWING:
22 (1) ECONOMICALLY DISADVANTAGED STUDENTS.
23 (2) STUDENTS FROM MAJOR RACIAL AND ETHNIC GROUPS.
24 (3) STUDENTS WITH DISABILITIES.
25 (4) STUDENTS WITH LIMITED ENGLISH PROFICIENCY.
26 * * *
27 SECTION 14. ALTHOUGH THE CURRENT PROVISIONS OF ARTICLE XVII-
28 A OF THE ACT REQUIRE SCHOOL DISTRICTS TO PROVIDE FOR THE
29 TRANSPORTATION OF STUDENTS ENROLLED IN CHARTER SCHOOLS, THE
30 PURPOSE OF THE AMENDMENT OF SECTION 1726-A OF THE ACT IS TO
20020H2644B4690 - 35 -
1 CLARIFY THE CURRENT PROVISIONS OF ARTICLE XVII-A OF THE ACT
2 REGARDING THE TRANSPORTATION OF SUCH STUDENTS.
3 SECTION 7 15. THE PROVISIONS OF SECTIONS 202 AND 1311 OF THE <--
4 ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
5 ADMINISTRATIVE CODE OF 1929, ARE REPEALED AS TO THE THADDEUS
6 STEVENS STATE COLLEGE OF TECHNOLOGY.
7 SECTION 8. THIS ACT SHALL TAKE EFFECT JULY 1, 2003. <--
8 SECTION 16. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
9 (1) THE AMENDMENT OR ADDITION OF SECTION 1524 AND
10 ARTICLE XIX-B OF THE ACT SHALL TAKE EFFECT JULY 1, 2003.
11 (2) SECTION 15 OF THIS ACT SHALL TAKE EFFECT JULY 1,
12 2003.
13 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
14 IMMEDIATELY.
D19L24DMS/20020H2644B4690 - 36 -