1Amending Title 24 (Education) of the Pennsylvania Consolidated
2Statutes, providing for change of designation to university.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Title 24 of the Pennsylvania Consolidated
6Statutes is amended by adding a section to read:

7§ 6503.1. Change of designation to university.

8(a) General rule.--Notwithstanding the provisions of this
9chapter or other law or regulation to the contrary, a private
10nonprofit institution, as defined under section 501(c)(3) of the
11Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
12501(c)(3)), holding a certificate of authority that authorizes
13the conferral, at a minimum, of bachelor's degrees and using the
14designation of "college" may, on and after the effective date of
15this subsection, use the designation of "university" if the
16institution submits a notarized affidavit to the department 
17stating:

18(1) As of the date of the affidavit the institution

1fulfills at least two of the three units necessary for an
2institution to be designated as a university, as defined in
3this section.

4(2) The institution's commitment to meet any additional
5unit or other requirement necessary to achieve full
6compliance with the definition contained in this section
7within a five-year period.

8(3) That the institution has been in continuous
9operation in this Commonwealth for the ten years preceding
10the date of the notarized affidavit.

11(4) That during the preceding ten years, the institution
12has maintained accreditation by the Middle States Commission
13on Higher Education or another regional accrediting body
14recognized by the United States Department of Education.

15(5) That the accreditation status of the institution is
16in good standing and is in compliance with all standards
17imposed by the Middle States Commission on Higher Education
18or other regional accrediting body, including, but not
19limited to, periodic reviews and evaluations.

20(6) The intended effective date of the change in
21designation.

22(7) That the institution's board of trustees or similar
23governing body has approved the change in designation.

24(b) Documentation.--The institution seeking the change in
25designation shall include any and all documentation necessary to
26verify the representations contained in the notarized affidavit.

27(c) Time period to submit affidavit.--The institution must
28submit the notarized affidavit to the department no later than
2990 days before the effective date of the change in designation.
30The notarized affidavit shall be subject to the penalties of 18

1Pa.C.S. § 4904 (relating to unsworn falsification to
2authorities).

3(d) Review by department.--

4(1) The department shall review the affidavit and
5complete its review within 60 days of receipt of the
6affidavit.

7(2) If the affidavit complies with the requirements of
8this section, the department shall accept the affidavit and
9publish the acceptance as a notice in the Pennsylvania
10Bulletin. The notice shall include the effective date of the
11change in designation.

12(3) If the department fails to complete its review of
13the affidavit within the 60-day time period, the affidavit
14shall be deemed accepted and the department shall publish the
15acceptance as a notice in the Pennsylvania Bulletin.

16(4) If the affidavit does not comply with the
17requirements of this section, the department shall reject the
18affidavit for noncompliance by returning the affidavit to the
19institution, together with any documentation submitted, and
20shall state the basis for the rejection.

21(5) An institution which receives a rejection of its
22affidavit may submit a corrected or new affidavit for review
23and acceptance by the department at any time.

24(e) Five-year plan.--

25(1) Within 90 days of the effective date of the change
26in designation, the institution must submit to the department
27a five-year plan to fulfill any additional unit or other
28requirement needed for compliance with the definition of
29"university."

30(2) Failure of the institution to complete the plan

1within five years from the effective date of the change in
2designation shall result in the institution losing its
3university status. The department may extend the time,
4provided that the institution demonstrates progress toward
5fulfillment of the plan.

6(f) Definitions.--The following words and phrases when used
7in this section shall have the meanings given to them in this
8subsection unless the context clearly indicates otherwise:

9"Institution." An institution of higher education in this
10Commonwealth.

11"University." A multiunit institution with a complex
12structure and diverse educational functions, including
13instruction, promotion of scholarship, preservation and
14discovery of knowledge, research and service, that:

15(1) Consists of a minimum of three units as follows:

16(i) The first unit provides for at least one major
17in both the arts and sciences at the undergraduate level.

18(ii) The second unit provides for advanced degree
19programs in the arts and sciences with at least one major
20in both the arts and sciences at the undergraduate level.

21(iii) The third unit provides for any combination of
22at least five advanced degrees or professional programs
23at the graduate level.

24(2) Has a foundation in the arts and sciences which is
25instilled in the philosophy and implementation of the
26undergraduate and graduate education curriculum.

27(3) Provides access to cultural facilities and
28opportunities to the community and utilizes similar assets of
29the community.

30Section 2. This act shall take effect immediately.