PRINTER'S NO. 123
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
139
Session of
2015
INTRODUCED BY ZIMMERMAN, CUTLER, DIAMOND, GREINER, GROVE,
KAUFFMAN, MILLARD AND FEE, JANUARY 21, 2015
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 21, 2015
AN ACT
Amending the act of January 28, 1988 (P.L.24, No.11), entitled
"An act defining and providing for the licensing and
regulation of private academic schools; reestablishing the
State Board of Private Academic Schools; imposing penalties;
and making repeals," further providing for definitions, for
State Board of Private Academic Schools, for powers and
duties of board, for application for license, for issuance
and renewal of license, for directory of private academic
schools, for requirements for licensure and operation, for
enforcement, refusal, suspension or revocation of license and
for promulgation of rules and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2, 3(c) and (g), 4(b) and (c), 7(a) and
(b), 8(a) and (b), 11, 12(a), 13(b)(4) and 14 of the act of
January 28, 1988 (P.L.24, No.11), known as the Private Academic
Schools Act, are amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Annual." Twelve months from the date of initial licensure.
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"Board." The State Board of Private Academic Schools.
"Department." The Department of Education of the
Commonwealth.
"Office." The Office of Elementary and Secondary Education
within the Department of Education of the Commonwealth.
"Online school." A school with at least one office located
in this Commonwealth which uses technology in order to provide a
significant portion of its curriculum and to deliver a
significant portion of instruction to its students through the
Internet or other electronic means and which shall not include a
cyber charter school as provided under Article XVII-A of the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949.
"Premises." Any grounds or facilities utilized by a school
for the purposes of providing instruction or in the case of an
online school any office space or facilities from which
instruction will be transmitted or from which administrative
support is offered.
"Private academic school" or "school." A school maintained,
or classes conducted, for the purpose of offering instruction
for a consideration, profit or tuition to five or more pupils at
one and the same time, or to 25 or more pupils during any school
year, the purpose of which is to educate an individual generally
or specially or to prepare an individual for more advanced
study, and shall include all schools engaged in such education,
including online schools, except private trade schools, private
business schools, private correspondence schools, private music
schools, private dance schools, private art schools, private
dramatic art schools, private schools of charm or poise, private
driver training schools or any type of private school which is
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nonacademic in character.
"Secretary." The Secretary of Education of the Commonwealth.
Section 3. State Board of Private Academic Schools.
* * *
(c) Administrative support.--Administrative support for the
board shall be provided by the [department] office in accordance
with section 214 of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929. The [department]
office shall periodically consult with the board regarding its
administrative needs.
* * *
(g) Documents.--Certificates of licensure and other official
documents approved by the board shall be issued by the
[department] office.
Section 4. Powers and duties of board.
* * *
(b) Disposition of student records.--The board shall require
every applicant for initial licensure to provide a written
statement describing arrangements for disposition of student
records in the event of closure. It shall be the duty of the
board and the [department] office to assist in the execution of
the arrangements when necessary.
(c) Enforcement by [department] office.--The regulations
promulgated by the board shall be enforced by the [department]
office. The [department] office may submit to individual experts
for review, programs and courses and financial statements
proposed or offered by a school.
Section 7. Application for license.
(a) General rule.--Before any license is issued to a private
academic school, a verified application shall be made, in
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writing, to the board on a form prepared and furnished by the
[department] office.
(b) Application contents.--The application shall require a
statement showing:
(1) The title or name and address of the school or, in
the case of an online school, the school offices, grades and
classes, together with the name of the owners and controlling
officers.
(2) The specific fields of instruction which will be
offered and the purposes of such instruction.
(3) [The] Any place where instruction will be given or,
in the case of an online school, from which instruction will
be transmitted or from which administrative support is
offered.
(4) A specific listing of the equipment and
instructional materials available for instruction in the
school.
(5) The maximum enrollment to be accommodated at the
school.
(6) The qualifications of teachers, professional staff
and director.
(7) Financial resources available to equip and maintain
the school.
(8) An agreement to abide by reasonable service and
business ethics prescribed by the board.
(9) Any additional information the board may deem
necessary to enable it to determine the adequacy of the
program of instruction and related matters.
An application must be completed for board consideration.
* * *
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Section 8. Issuance and renewal of license.
(a) General rule.--The [department] office shall issue an
original license to the applicant if the board finds that the
application and the school for which a license is sought comply
with the provisions of this act and with the rules and
regulations promulgated under this act.
(b) Duration and renewal.--Each original school license
issued shall be effective from the date of issue until the same
date of the month of original issue the following year and shall
be renewed annually thereafter on a form prepared and furnished
by the [department] office.
* * *
Section 11. Directory of private academic schools.
The [department] office shall maintain a list of private
academic schools which shall be available to the public.
Section 12. Requirements for licensure and operation.
(a) Inspection.--No private academic school may be granted a
license or permitted to continue to operate under a granted
license unless it permits the board and its representatives to
inspect the school or classes or, in the case of an online
school, any office space or facility from which instruction will
be transmitted or from which administrative support is offered
and makes available to the board, at any time when requested to
do so, full information pertaining to the operation of the
school.
* * *
Section 13. Enforcement, refusal, suspension or revocation of
license.
* * *
(b) Refusal to issue, suspension of and revocation of
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license.--The board shall have the power to refuse to issue,
suspend or revoke a license if it finds that:
* * *
(4) The applicant or licensee has failed or refused to
permit the board or its representatives to inspect the school
or classes or, in the case of an online school, any office
space or facility from which instruction will be transmitted
or from which administrative support is offered or has failed
or refused to make available to the board, at any time when
requested to do so, full information pertaining to any or all
items of information contained in an application for license
or pertaining to the operation of the private academic
school.
* * *
Section 14. Promulgation of rules and regulations.
(a) General rule.--The board shall promulgate rules and
regulations necessary to carry out the purposes of this act. The
rules and regulations of the State Board of Private Academic
Schools in force on the effective date of this act, and not
countermanded by this act, shall remain in effect until repealed
or amended by the board, but not for a period of more than one
year.
(b) Online schools.--
(1) The board shall promulgate rules and regulations and
establish policies, principles and standards necessary to
carry out the purposes of this act as they relate to online
schools and which:
(i) address the unique provision of instruction and
services to students by online schools; and
(ii) provide for any additional requirements or
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exemptions as may be required to accommodate the ability
of online schools to provide instruction and student
services.
(2) The rules, regulations, policies, principles and
standards shall take effect within 18 months of the effective
date of this subsection.
(3) Notwithstanding any other provision of this act to
the contrary, the board may not issue a license to an online
school until the rules and regulations, policies, principles
and standards required by paragraph (1) are in effect.
Section 2. This act shall take effect in 60 days.
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