THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROAE, LAWRENCE AND MOUL, JUNE 7, 2012

REFERRED TO COMMITTEE ON EDUCATION, JUNE 7, 2012  

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 power and

duties of institution presidents.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2010-A of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended or added November 12, 1982 (P.L.660, No.188), June 23,

1988 (P.L.457, No.77), April 27, 1998 (P.L.270, No.46) and

November 3, 2011 (P.L.400, No.97), is amended read:

Section 2010-A.  Power [and], Duties and Salary of

Institution Presidents.--(a)  The president of each institution

shall be appointed by the board. The president shall be the

chief executive officer of that institution. He 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.

(2)  To make and implement specific campus policies

pertaining to instructional programs, research programs and

public service programs and define academic standards in

accordance with policies of the board following consultation

with the council, faculty and students. 

(3)  To develop and implement policies and procedures for the

administration of the institution. To develop and implement, in

conjunction with the local campus student government

association, policies and procedures by which student

organizations may be created and operated.

(4)  To establish policies and procedures for the admission,

discipline and expulsion of students which shall be consistent

with policies of the board and the local council.

(5)  To establish policies and procedures governing the use

of institutional facilities and property in accordance with

guidelines established by the local council.

(6)  In cooperation with the student association, to fix

student activity fees and supervise the collection, retention

and expenditure thereof.

(7)  To waive, defer and refund tuition fees and other

charges and fees consistent with policies established by the

board.

(8)  To prepare and, after review and action by the council,

submit to the chancellor the annual operating and capital budget

requirements for the institution.

(9)  To determine from appropriations, tuition fees, charges

and other fees and other available funds with the exception of

student activity fees, the expenditures to be made for

instructional, extracurricular, administrative, custodial and

maintenance services, equipment and supplies, and for furniture

for instructional, extracurricular, administrative and service

facilities and to reallot such sums among the various

expenditure classifications as may be necessary for the

effective management of the institution: Provided, That no such

reallotment shall exceed the total allocations of the

institution.

(10)  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 119, on a competitive bid basis and 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 dollars ($18,500), subject to adjustment under

section 119, 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.

(15)  To employ or contract for the necessary institutional

services consistent with policies and procedures established by

the board.

(16)  Consistent with the policies of the board to do and

perform all of those other things necessary and required for the

orderly operation of the institution.

(b)  The maximum annual salary for a president appointed

under subsection (a) is one dollar ($1) less than the annual

salary for the Governor provided under section 3 of the act of

September 30, 1983 (P.L.160, No.39), known as the "Public

Official Compensation Law."

Section 2.  This act shall take effect in 60 days.