THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BRUBAKER, PICCOLA, PILEGGI, HUGHES, FOLMER, RAFFERTY, EICHELBERGER, ALLOWAY, WAUGH, YUDICHAK, ERICKSON, D. WHITE, YAW AND EARLL, MARCH 31, 2011

SENATOR PICCOLA, EDUCATION, AS AMENDED, APRIL 5, 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," in grounds and buildings, further

providing for acquisition and for administration; and

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providing for lease approval.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 731 of the act of March 10, 1949 (P.L.30,

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

27, 1973 (P.L.75, No.34), is amended to read:

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

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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 for school buildings and

playgrounds on any school construction project that is not

eligible for State reimbursement shall not be required.

Section 2.  Section 731 of the act, amended June 27, 1973

(P.L.75, No.34), is amended to read:

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

Buildings; Exceptions.--(a)  The Department of Education, with

respect to construction or reconstruction of public school

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

(1)  To review all projects, plans and specifications for

school building construction or reconstruction, and to make

recommendations thereon to the General Assembly and the

Governor;

(2)  To assist school districts in preplanning construction

and reconstruction projects, and offer such architectural,

engineering and financial advice as will enable the project to

comply with the standards prescribed by the State Board of

Education;

(3)  To hold hearings on any or all projects and subpoena

witnesses, administer oaths, take testimony and compel the

production of documents relevant to any investigation;

(4)  To act as liaison between the public, local school

officials, the General Assembly, and the Governor on school

building construction and reconstruction projects;

(5)  To receive and investigate complaints from the public or

other source concerning any school building construction or

reconstruction project;

(6)  To conduct investigations on any phase of school

building construction or reconstruction projects.

(7)  To, in conjunction with the State Board of Education, do

all of the following:

(i)  Conduct a review of the process by which the department

is meeting the requirements of this section.

(ii)  Make recommendations to:

(A)  eliminate the backlog waiting for review;

(B)  increase efficiency of the process; and

(C)  ensure ease of compliance with the requirements for

those entities that must comply with them.

(iii)  Promulgate temporary regulations to implement the

recommendations under subparagraph (ii). Regulations under this

subparagraph are subject to all of the following:

(A)  The regulations shall be exempt from:

(I)  sections 201, 202 and 203 of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law; and

(II)  the act of June 25, 1982 (P.L.633, No.181), known as

the "Regulatory Review Act."

(B)  The regulations shall expire on the earlier of:

(I)  the effective date of regulations under subparagraph

(iv); or

(II)  eighteen months from the effective date of this

paragraph.

(iv)  Promulgate regulations to implement recommendations

under subparagraph (ii).

(b)  The Department of Education shall employ engineers,

architects, financial advisors, and such other staff personnel

as may be necessary for the proper performance of the duties of

the Department with respect to construction or reconstruction of

public school buildings.

(c)  [No] Except as set forth in subsection (f), no public

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school building shall be contracted for, constructed, or

reconstructed, in any school district of the second, third, or

fourth class until the plans and specifications therefor have

been approved by the Department of Education.

(d)  When ordinary repairs are proposed, such as plastering,

painting, replacement of floors, improvement of school grounds,

repairing or providing walks, roadways or retaining walls, the

cost of which in districts of the second class or in districts

of the third and fourth class will not exceed fifteen thousand

dollars ($15,000) per building, no approval shall be required.

Where any structural change is involved, such as moving or

adding doors, windows, partitions, making additions or any

excavations, or any work which may affect the safety or health

of the pupils, or any work which comes under the jurisdiction of

another department of the Commonwealth, approval of the

Department of Education shall be required regardless of the cost

of such structural change.

(e)  No school building shall be purchased by any school

district until such purchase shall have been approved by the

Department of Education. Such approval shall not be given unless

the school building to be purchased and any approved structural

changes or renovations meet the standards required to operate

public school buildings of a similar age currently in use in the

Commonwealth.

(f)  Approval of the Department of Education for projects,

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plans and specifications for school construction projects not

eligible for reimbursement from the Commonwealth shall not be

required.

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] Except as

set forth in subsection (b), 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.

(b)  Department approval of a lease agreement shall not be

required for a lease agreement which does not qualify for

Commonwealth reimbursement.

Section 2 4.  This act shall take effect immediately.

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