1Amending the act of January 28, 1988 (P.L.24, No.11), entitled
2"An act defining and providing for the licensing and
3regulation of private academic schools; reestablishing the
4State Board of Private Academic Schools; imposing penalties;
5and making repeals," further providing for definitions, for
6State Board of Private Academic Schools, for powers and
7duties of board, for application for license, for issuance
8and renewal of license, for directory of private academic
9schools, for requirements for licensure and operation, for
10enforcement, refusal, suspension or revocation of license and
11for promulgation of rules and regulations.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Sections 2, 3(c) and (g), 4(b) and (c), 7(a) and
15(b), 8(a) and (b), 11, 12(a), 13(b)(4) and 14 of the act of
16January 28, 1988 (P.L.24, No.11), known as the Private Academic
17Schools Act, are amended to read:

18Section 2. Definitions.

19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22"Annual." Twelve months from the date of initial licensure.

1"Board." The State Board of Private Academic Schools.

2"Department." The Department of Education of the
3Commonwealth.

4"Office." The Office of Elementary and Secondary Education
5within the Department of Education of the Commonwealth.

6"Online school." A school with at least one office located
7in this Commonwealth which uses technology in order to provide a
8significant portion of its curriculum and to deliver a
9significant portion of instruction to its students through the
10Internet or other electronic means and which shall not include a
11cyber charter school as provided under Article XVII-A of the act
12of March 10, 1949 (P.L.30, No.14), known as the Public School
13Code of 1949.

14"Premises." Any grounds or facilities utilized by a school
15for the purposes of providing instruction or in the case of an
16online school any office space or facilities from which
17instruction will be transmitted or from which administrative
18support is offered.

19"Private academic school" or "school." A school maintained,
20or classes conducted, for the purpose of offering instruction
21for a consideration, profit or tuition to five or more pupils at
22one and the same time, or to 25 or more pupils during any school
23year, the purpose of which is to educate an individual generally
24or specially or to prepare an individual for more advanced
25study, and shall include all schools engaged in such education,
26including online schools, except private trade schools, private
27business schools, private correspondence schools, private music
28schools, private dance schools, private art schools, private
29dramatic art schools, private schools of charm or poise, private
30driver training schools or any type of private school which is

1nonacademic in character.

2"Secretary." The Secretary of Education of the Commonwealth.

3Section 3. State Board of Private Academic Schools.

4* * *

5(c) Administrative support.--Administrative support for the
6board shall be provided by the [department] office in accordance
7with section 214 of the act of April 9, 1929 (P.L.177, No.175),
8known as The Administrative Code of 1929. The [department]
9office shall periodically consult with the board regarding its
10administrative needs.

11* * *

12(g) Documents.--Certificates of licensure and other official
13documents approved by the board shall be issued by the
14[department] office.

15Section 4. Powers and duties of board.

16* * *

17(b) Disposition of student records.--The board shall require
18every applicant for initial licensure to provide a written
19statement describing arrangements for disposition of student
20records in the event of closure. It shall be the duty of the
21board and the [department] office to assist in the execution of
22the arrangements when necessary.

23(c) Enforcement by [department] office.--The regulations
24promulgated by the board shall be enforced by the [department]
25office. The [department] office may submit to individual experts
26for review, programs and courses and financial statements
27proposed or offered by a school.

28Section 7. Application for license.

29(a) General rule.--Before any license is issued to a private
30academic school, a verified application shall be made, in

1writing, to the board on a form prepared and furnished by the
2[department] office.

3(b) Application contents.--The application shall require a
4statement showing:

5(1) The title or name and address of the school or, in 
6the case of an online school, the school offices, grades and
7classes, together with the name of the owners and controlling
8officers.

9(2) The specific fields of instruction which will be
10offered and the purposes of such instruction.

11(3) [The] Any place where instruction will be given or, 
12in the case of an online school, from which instruction will 
13be transmitted or from which administrative support is 
14offered.

15(4) A specific listing of the equipment and
16instructional materials available for instruction in the
17school.

18(5) The maximum enrollment to be accommodated at the
19school.

20(6) The qualifications of teachers, professional staff
21and director.

22(7) Financial resources available to equip and maintain
23the school.

24(8) An agreement to abide by reasonable service and
25business ethics prescribed by the board.

26(9) Any additional information the board may deem
27necessary to enable it to determine the adequacy of the
28program of instruction and related matters.

29An application must be completed for board consideration.

30* * *

1Section 8. Issuance and renewal of license.

2(a) General rule.--The [department] office shall issue an
3original license to the applicant if the board finds that the
4application and the school for which a license is sought comply
5with the provisions of this act and with the rules and
6regulations promulgated under this act.

7(b) Duration and renewal.--Each original school license
8issued shall be effective from the date of issue until the same
9date of the month of original issue the following year and shall
10be renewed annually thereafter on a form prepared and furnished
11by the [department] office.

12* * *

13Section 11. Directory of private academic schools.

14The [department] office shall maintain a list of private
15academic schools which shall be available to the public.

16Section 12. Requirements for licensure and operation.

17(a) Inspection.--No private academic school may be granted a
18license or permitted to continue to operate under a granted
19license unless it permits the board and its representatives to
20inspect the school or classes or, in the case of an online 
21school, any office space or facility from which instruction will 
22be transmitted or from which administrative support is offered
23and makes available to the board, at any time when requested to
24do so, full information pertaining to the operation of the
25school.

26* * *

27Section 13. Enforcement, refusal, suspension or revocation of
28license.

29* * *

30(b) Refusal to issue, suspension of and revocation of

1license.--The board shall have the power to refuse to issue,
2suspend or revoke a license if it finds that:

3* * *

4(4) The applicant or licensee has failed or refused to
5permit the board or its representatives to inspect the school
6or classes or, in the case of an online school, any office 
7space or facility from which instruction will be transmitted 
8or from which administrative support is offered or has failed
9or refused to make available to the board, at any time when
10requested to do so, full information pertaining to any or all
11items of information contained in an application for license
12or pertaining to the operation of the private academic
13school.

14* * *

15Section 14. Promulgation of rules and regulations.

16(a) General rule.--The board shall promulgate rules and
17regulations necessary to carry out the purposes of this act. The
18rules and regulations of the State Board of Private Academic
19Schools in force on the effective date of this act, and not
20countermanded by this act, shall remain in effect until repealed
21or amended by the board, but not for a period of more than one
22year.

23(b) Online schools.--

24(1) The board shall promulgate rules and regulations and
25establish policies, principles and standards necessary to
26carry out the purposes of this act as they relate to online
27schools and which:

28(i) address the unique provision of instruction and
29services to students by online schools; and

30(ii) provide for any additional requirements or

1exemptions as may be required to accommodate the ability
2of online schools to provide instruction and student
3services.

4(2) The rules, regulations, policies, principles and
5standards shall take effect within 18 months of the effective
6date of this subsection.

7(3) Notwithstanding any other provision of this act to
8the contrary, the board may not issue a license to an online
9school until the rules and regulations, policies, principles
10and standards required by paragraph (1) are in effect.

11Section 2. This act shall take effect in 60 days.