THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, BOYD, D. COSTA, FLECK, GINGRICH, HARRIS, HENNESSEY, MILNE, MOUL, PICKETT, PYLE, RAPP, STERN, SWANGER, TALLMAN, BROOKS, MURT, BOBACK, GILLEN AND STEPHENS, JANUARY 26, 2011

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 6, 2011   

AN ACT

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," further providing for acquisition of

buildings, sites for school buildings and playgrounds, and

disposing thereof, for approval by department of plans, etc.,

of buildings and exceptions and for approval of lease

agreements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 703 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, amended June 1,

1972 (P.L.325, No.89), is amended to read:

Section 703.  Acquisition of Buildings, Sites for School

Buildings and Playgrounds, and Disposing Thereof.--In order to

comply with the provisions of this act, and subject to the

conditions thereof, the board of school directors of each

district is hereby vested with the necessary power and authority

to acquire, in the name of the district, by purchase, lease,

gift, devise, agreement, condemnation, or otherwise, any and all

schools and real estate, either vacant or occupied, including

lands theretofore occupied by streets and alleys which have been

vacated by municipal authorities, and to acquire by purchase,

lease, gift or devise, other buildings approved for school use

by the Department of Education as the board of school directors

may deem necessary to furnish school buildings or other suitable

sites for proper school purposes for said district or to enlarge

the grounds of any school property held by such district, and to

sell, convey, transfer, dispose of, or abandon the same, or any

part thereof, as the board of school directors may determine.

Approval of the Department of Education shall not be required 

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for school buildings and playgrounds on any school construction

project that is not eligible for which State reimbursement shall

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not be required is not requested.

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Section 2.  Section 731 of the act is amended by adding a

clause to read:

Section 731.  Approval by Department of Plans, etc., of

Buildings; Exceptions.--The Department of Education, with

respect to construction or reconstruction of public school

buildings, shall have the power and its duties shall be:

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(7)  Approval of the department shall not be required for

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projects, plans and specifications for school construction

projects not eligible for which reimbursement from the

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Commonwealth shall not be required is not requested.

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* * *

Section 3.  Section 731.1 of the act, added December 6, 1972

(P.L.1445, No.323), is amended to read:

Section 731.1.  Approval of Lease Agreements.--No building

facilities for school use authorized under the provisions of

section 703.1, shall be leased by any school district until such

lease agreement has been approved by the Department of

Education. Such approval shall not be given unless the building

facilities to be leased meet the standards required to operate

public school buildings in use in the Commonwealth; Provided,

however, That Department of Education approval of any lease

agreement shall not be required for any lease agreement that

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does not qualify for which Commonwealth reimbursement is not

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requested.

Section 4.  This act shall take effect immediately.