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PRINTER'S NO. 3857
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2551
Session of
2018
INTRODUCED BY ORTITAY, BERNSTINE, ENGLISH AND RADER,
JULY 6, 2018
REFERRED TO COMMITTEE ON EDUCATION, JULY 6, 2018
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," repealing provisions relating to the
State System of Higher Education and providing for the State
System of Higher Education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XX-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
repealed:
[ARTICLE XX-A.
THE STATE SYSTEM OF HIGHER EDUCATION.
Section 2001-A. Definitions.--The following words and
phrases when used in this article shall, for the purpose of this
article, have the following meanings, respectively, except in
those instances where the context clearly indicates a different
meaning:
(1) "Board" shall mean the Board of Governors of the State
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System of Higher Education.
(2) "Chancellor" shall mean the chief executive officer of
the State System of Higher Education.
(3) "Coalition bargaining" shall mean two (2) or more
employers bargaining jointly with all of their employes in a
particular category or bargaining unit so that one collective
process would determine the conditions of employment for all
employers in the appropriate units involved.
(4) "Commission" shall mean the presidents of the several
institutions.
(5) "Council" shall mean the council of trustees of the
individual institutions.
(6) "Deferment" shall mean any authorized delay in the
payment by a student of all or part of his tuition fee, charges
for room and board, application fee, student activity fee, or
any other charge or fee.
(7) "Employer" shall mean the Board of Governors of the
State System of Higher Education as the successor employer to
the Commonwealth of Pennsylvania.
(8) "Graduate assistant" means a graduate student appointed
by the president and assigned to a faculty or staff member to
assist in research, instruction and other related professional
duties.
(9) "Higher education" shall include any organized program
of instruction, research or service primarily concerned with a
field of organized knowledge, related theory, and associated
practice or application of skills and which leads to a degree;
that is, the work is creditable toward a degree.
(10) "Institution" shall mean each of the State-owned
colleges and university on the effective date hereof, or
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hereafter created, and including its personnel, and its physical
plant, instructional equipment, records and all other property
thereof.
(11) "Professional employe" for the purposes of this act,
professional employe means any employe whose work:
(i) is predominately intellectual and varied in character;
(ii) requires consistent exercise of discretion and
judgment;
(iii) requires knowledge of an advanced nature in the field
of science or learning customarily acquired by specialized study
in an institution of higher learning or its equivalent; and
(iv) is of such character that the output or result
accomplished cannot be standardized in relation to a given
period of time.
(12) "Refund" shall mean any return payment, or remission,
by an institution to a student of all or part of any sum he has
paid for tuition, room and board, application or student
activity fee or any other charge or fee.
(13) "Secretary" shall mean the Secretary of Education of
the Commonwealth of Pennsylvania or such person as the secretary
may designate to act on behalf of the secretary with regard to
any of the duties and prerogatives imposed by this act.
(14) "State board" shall mean the State Board of Education.
(15) "Student" shall mean a person who is enrolled in a
course of study in any institution which is subject to the
provisions hereof.
(16) "Student association" shall mean the officially
recognized representative body of the student population of each
institution.
(17) "System" shall mean the State System of Higher
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Education.
(18) "Waiver" shall mean any release from initial payment by
a student of all or part of his tuition, charge for room and
board, application or student activity fee or any other charge
or fee.
(19) "Maintenance projects" shall mean those activities,
materials, labor and contracts necessary to replace, restore,
refurbish or enhance real property which do not alter the
architectural or engineering characteristics of the structure,
as follows: painting; window repair and replacement; roof repair
and replacement; repointing and masonry repair; downspout and
gutters; landscaping; roadways, parking facilities, track and
athletic court resurfacing and reconstruction; sidewalk and
curbing reconstruction and replacement; asbestos abatement (in
accordance with all State and Federal statutes and regulations);
caulking and insulation; and replacement, reconstruction and
construction of non-load bearing interior walls. No such project
shall affect the structural integrity of any existing facility
or utility system.
(20) "Campus police" shall mean all law enforcement
personnel employed by the system who have successfully completed
a campus police course of training approved under 53 Pa.C.S. Ch.
21 Subch. D (relating to municipal police education and
training).
(21) "Grounds" shall mean all lands and buildings owned,
controlled, leased or managed by the system and all highways,
trafficways and bicycle and pedestrian facilities that traverse
or abut such lands and buildings.
Section 2002-A. Establishment of the State System of Higher
Education and its Institutions.--(a) Subject to the regulatory
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powers conferred by law upon the State Board of Education, there
is hereby established a body corporate and politic constituting
a public corporation and government instrumentality which shall
be known as the State System of Higher Education, independent of
the Department of Education, hereinafter referred to as the
system, which shall consist of the following institutions and
such other institutions, presently existing or newly created, as
may hereafter be admitted by the board in concurrence with other
agencies as required by law:
(1) Bloomsburg State College;
(2) California State College;
(3) Cheyney State College;
(4) Clarion State College;
(5) East Stroudsburg State College;
(6) Edinboro State College;
(7) Indiana University of Pennsylvania;
(8) Kutztown State College;
(9) Lock Haven State College;
(10) Mansfield State College;
(11) Millersville State College;
(12) Shippensburg State College;
(13) Slippery Rock State College; and
(14) West Chester State College.
(b) Each of the said institutions shall hereafter be known
as the (Name) University of Pennsylvania of the State System of
Higher Education, except for Indiana University of Pennsylvania,
which shall retain its name. As successor institutions to the
State Normal Schools, appropriations for their operation are
ordinary expenses of government, requiring only a majority vote
of each House of the General Assembly. The State System of
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Higher Education shall have the same preferred status for
appropriations as is enjoyed by its constituent institutions.
State funds appropriated to the system shall be allocated to the
individual institutions on a formula based on, but not limited
to, such factors as enrollments, degrees granted and programs.
Section 2003-A. Purposes and General Powers.--(a) The State
System of Higher Education shall be part of the Commonwealth's
system of higher education. Its purpose shall be to provide high
quality education at the lowest possible cost to the students.
The primary mission of the system is the provision of
instruction for undergraduate and graduate students to and
beyond the master's degree in the liberal arts and sciences and
in applied fields, including the teaching profession. Graduate
instruction at the doctoral level, except for doctoral programs
provided for in the act of December 16, 1965 (P.L.1113, No.430),
known as the "Indiana University of Pennsylvania Act," only may
be offered jointly with Indiana University or an institution
chartered to offer work at the doctoral level. Programs of
research and service may be provided which are approved by the
Board of Governors, and which are consistent with the primary
mission of the system. Each institution shall provide
appropriate educational facilities, student living facilities
and such other facilities as deemed necessary by the board.
(b) The system is hereby granted and shall have and may
exercise all the powers necessary or convenient for the carrying
out of the aforesaid purposes, including, but without limiting
the generality of the foregoing, the following rights and
powers:
(1) To have perpetual existence as a corporation.
(2) To adopt, use and alter at will a corporate seal.
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(3) To acquire, purchase, hold, lease as lessee and use any
property, real, personal or mixed, tangible or intangible, or
any interest therein, lease as lessor any property, real,
personal or mixed, tangible or intangible, necessary or
desirable for carrying out the purposes of the system, and to
sell, transfer and dispose of any property acquired by gift,
grant, devise or bequest, whether the property is real, personal
or mixed, tangible or intangible, or any interest therein; to
take, demand, receive and possess all moneys, real property and
goods which shall be appropriated, given or granted to for the
use of the system and to apply the same according to the will of
the donors; to sell, transfer and dispose of real property
acquired by and titled to the system upon approval by the
General Assembly as provided in section 2018-A; and by gift,
purchase or devise to receive, possess, enjoy and retain forever
any and all real and personal estate and funds, of whatsoever
kind, nature or quality the same may be, in special trust and
confidence that the same, and the profits thereof, shall be
applied to and for the use and purpose of endowing the system,
and shall have power to receive donations from any source
whatever, to be exclusively devoted to the purposes of the
system or according to the terms of donation: Provided, however,
That the system shall have no power at any time or in any
manner, to pledge the credit or taxing power of the
Commonwealth, nor shall any of its obligations or debts be
deemed to be obligations of the Commonwealth, nor shall the
Commonwealth be liable for the payment of principal or interest
on such obligations. Nothing herein shall empower the Board of
Governors or the chancellor to take or receive any moneys, goods
or other property, real or personal, which is given or granted
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to specific institutions.
(c) Collective bargaining agreements in force at the time of
enactment of this act shall remain in force for the term of the
contract. New collective bargaining agreements with professional
employes shall be negotiated on behalf of the system by the
chancellor. The board shall make a coalition bargaining
arrangement with the Commonwealth for the negotiation of new
collective bargaining agreements with noninstructional employes.
(d) The system may enter into an agreement with any entity
for the cooperative use of supplies or services. All purchases
and agreements made pursuant to this subsection shall be the
result of a system of competitive bidding and in accordance with
the laws of this Commonwealth.
Section 2004-A. Board of Governors.--(a) The system shall
be governed and all of its corporate powers exercised by the
Board of Governors, which shall consist of twenty (20) members
to be appointed as follows:
(1) The Governor, or his designee.
(2) The Secretary of Education, or his designee.
(3) One (1) Senator appointed by the President pro tempore
of the Senate.
(4) One (1) Senator appointed by the Minority Leader of the
Senate.
(5) One (1) Representative appointed by the Speaker of the
House of Representatives.
(6) One (1) Representative appointed by the Minority Leader
of the House of Representatives.
(7) Fourteen (14) members shall be appointed by the Governor
with the advice and consent of the Senate of which six (6) shall
be selected from the citizens of the Commonwealth. Three (3)
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members of the fourteen (14) shall be students whose terms shall
expire upon graduation, separation or failure to maintain good
academic standards at their institution and five (5) of the
fourteen (14) shall be trustees of constituent institutions,
however, no more than one trustee representing a constituent
institution. The student members shall be selected from the
presidents of the local campus student government associations,
or their local equivalent.
(b) All members of the board appointed by the Governor,
except for the students, shall serve for terms of four (4)
years. The Governor and Secretary of Education shall serve so
long as they continue in office. Members of the board appointed
from the General Assembly shall serve a term of office
concurrent with their respective elective terms as members of
the General Assembly.
(c) (1) The Governor or his designee, and the Secretary of
Education or his designee, and the members of the General
Assembly shall be members of the board and shall be entitled to
attend all meetings of the board and shall have the right to
speak on all matters before the board, and to vote, but shall
not be elected as an officer of the board.
(2) A member of the General Assembly appointed under
subsection (a) may designate an official representative to
attend any meetings of the board, the executive committee of the
board and any committee to which the member of the General
Assembly is assigned. Such official representative shall have
the right to speak on all matters before the board, the
executive committee and any committee to which the member of the
General Assembly is assigned but shall not have the right to
vote on behalf of the member of the General Assembly.
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(d) The board shall elect one (1) of its members to serve as
its chairperson at the pleasure of the board. Members shall
receive no compensation for their services but shall be
reimbursed for the expenses necessarily incurred by them in the
performance of their duties. The board shall meet quarterly and
additionally at the call of the chairperson, or upon request of
six (6) members of the board.
(e) The chancellor shall be the chief executive officer of
the board and shall have the right to speak on all matters
before the board, but not to vote.
Section 2005-A. The Chancellor.--The chief executive officer
of the system shall be a chancellor, who shall be employed by
the board in accordance with clause (1) of section 2006-A. In
addition to those prescribed by the board, the chancellor shall
have the following duties:
(1) The chancellor shall be responsible for the
administration of the system under policies prescribed by the
board.
(2) The chancellor shall advise the board on the formulation
of policies, shall see that the board's policies are carried out
and shall supervise the board's studies.
(3) The chancellor shall recommend to the board the system's
overall budget and shall review and recommend undergraduate and
graduate academic programs to meet the needs of the system's
student population.
(4) The chancellor shall assist the board in its appointment
of the presidents for the constituent institutions by submitting
to the board the name or names of individuals recommended by the
council of trustees of the appropriate constituent institution
who shall involve students, faculty and alumni in the interview
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and selection process used to formulate their recommendation.
The chancellor shall submit to the board the recommended salary
and other proposed terms of each such appointment. The board
shall have the right to refuse the recommendation of the local
council and to request that additional recommendations be
submitted by the council.
(5) The chancellor shall prepare an evaluation procedure for
adoption by the board. The chancellor shall forward the results
of the evaluation conducted by the local council of trustees
with his comments to the board.
(6) The chancellor is empowered to employ central office
professional and staff employes appropriate for the efficient
discharge of the chancellor's duties.
(7) The chancellor shall be responsible for the
administration of the central office, systemwide business
procedures and for the overall organization of maintenance of
the physical plants and security at all institutions.
(8) The chancellor shall conduct comprehensive planning in
consultation with representatives of the trustees, presidents,
faculties, students and alumni and within the policies
established by the board to establish priorities and procedures
for the operation and development among the institutions, with
respect to the role and scope of each institution, instructional
programs, research programs and public service programs.
(9) The chancellor shall have the right to require of the
presidents any and all information necessary for the performance
of his duties. The chancellor shall perform such other duties as
the board may designate.
(10) The chancellor shall serve as an ex officio member of
the council of each institution in the system.
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(11) The chancellor shall negotiate or cause to be
negotiated on behalf of the board and subject to its final
approval collective bargaining agreements pursuant to the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," in accordance with section 2003-A of this act.
(12) To enter into multiparty contractual relationships, in
accordance with the Procurement Code or direct negotiation, with
businesses, industries, organizations, State and local
governments and the Federal Government to provide economic and
work force development.
Section 2006-A. Powers and Duties of the Board of
Governors.--(a) The Board of Governors shall have overall
responsibility for planning and coordinating the development and
operation of the system. The powers and duties of the Board of
Governors shall be:
(1) To employ the chancellor to serve at the board's
pleasure under fixed term or contract of fixed duration of not
longer than five (5) years; to fix his salary; to prescribe and
delineate his duties and responsibilities; prior to the renewal
of such term or contract, the board shall conduct an evaluation
of the chancellor's service to determine whether such term or
contract should be renewed and for what period of time.
(2) To appoint from the list submitted by the chancellor,
pursuant to section 2005-A(4), presidents of the constituent
institutions to serve at the board's pleasure under fixed terms
or contracts of fixed duration, to fix the salaries and other
terms of appointment of each president and prior to renewal of
such term or contract consider the results of the evaluation of
each president's service submitted by the chancellor.
(3) To establish policies and procedures to be applied by
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the chancellor, the board and each local council in evaluating
the president and recommending the selection, retention and
dismissal of the president of its respective institution.
(4) To establish broad fiscal, personnel and educational
policies under which the institutions of the system shall
operate.
(5) To create new undergraduate and graduate degree
programs, which shall not be subject to the rules and
regulations of the State Board of Education; to approve
extension campuses and new external degree programs subject to
the rules and regulations of the State Board of Education; to
promote cooperation among institutions, including the
development of consortia within the system and other educational
institutions and agencies.
(6) To establish general policies for the admission of
students and to assure procedural protection for the discipline
and expulsion of students. The actual admission of students
shall remain the province of the individual institutions.
(7) To coordinate, review, amend and approve the annual
capital budget requirements of the system, the annual operating
budgets of the individual institutions and the operating budget
of the chancellor and the board. The board shall present these
annual budgets with comments to the secretary for presentation
to the State board. The State board shall return such budget
requests, recommending approval or disapproval with comments, if
any, to the secretary prior to their submission to the Secretary
of Budget and Administration. The board may also submit its
budget recommendations and findings to the General Assembly
subsequent to the submission of the Governor's budget to the
General Assembly. For the purpose of administration, the system
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shall be subject to Article VI of the act of April 9, 1929
(P.L.177, No.175), known as "The Administrative Code of 1929,"
except for section 615.
(8) To establish general personnel policies under which the
institutions shall operate consistent with merit principles; to
determine equivalent degree and teaching experience
qualifications for appointment or promotion of faculty employes
within the classifications enumerated in the act of January 18,
1952 (1951 P.L.2111, No.600), referred to as the State College
Faculty Compensation Law, to include, but not be limited to, the
Degrees of Juris Doctor and Master of Fine Arts; and to enter
into collective bargaining agreements pursuant to the act of
July 23, 1970 (P.L.563, No.195), known as the "Public Employe
Relations Act," in accordance with section 2003-A of this act.
(9) To recommend approval or disapproval of all system
building projects to the Secretary of the Budget which are not
within the contracting authority of the system under section
2003-A.1.
(10) To represent the system before the General Assembly,
the Governor and the State board.
(11) To fix the levels of tuition fees, except student
activity fees. Tuition fees shall include a differential for
such charges between students who are residents of the
Commonwealth and students who are nonresidents.
(12) To adopt general policies with regard to student
activity fees and to provide for student participation in the
formulation of these policies.
(13) To establish policies regarding waiver, deferment and
refund of tuition fees and other charges and fees.
(13.1) To set the amounts for fines for violations of rules
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respecting the use, parking and operation of motor vehicles on
system facilities, which may be established to exceed the
amounts which municipalities are authorized to assess for such
offenses under 75 Pa.C.S. (relating to vehicles).
(14) To make all reasonable rules and regulations necessary
to carry out the purposes of this article and the duties of the
board.
(15) To do and perform generally all of those things
necessary and required to accomplish the role and objectives of
the system.
(b) The Board of Governors shall provide for the holding of
regular and special meetings. Eleven (11) governors attending
shall constitute a quorum for the transaction of any business
and, unless a greater number is required by the bylaws of the
board, the act of a majority of the governors present at any
meeting shall be deemed the act of the board.
Section 2007-A. Commission of Presidents.--The commission of
presidents of the system shall consist of the presidents of the
several institutions who shall annually select one (1) of their
members as chairperson. The commission shall recommend policies
for the institutions and shall act in an advisory capacity to
the chancellor and the governors. The commission shall meet
quarterly and additionally at the call of its chairperson or the
chancellor. A majority of the presidents shall constitute a
quorum.
Section 2008-A. Councils of Trustees.--(a) The council of
each of the institutions shall consist of eleven (11) members
who, except for student members, shall be nominated and
appointed by the Governor with the advice and consent of the
Senate. At least two (2) members of the eleven (11) member
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council of trustees shall be alumni of the institution.
(b) Ten (10) members of each council shall serve terms of
six (6) years, respectively, and until their respective
successors are duly appointed and qualified. One (1) member of
each council shall be a full-time undergraduate student in good
academic standing, other than freshman, enrolled for at least
twelve (12) semester hours at the institution of which he is a
trustee. The student member shall serve a term of four (4) years
or for so long as he is a full-time undergraduate student in
attendance at the institution of which he is a trustee,
whichever period is shorter, and is in good academic standing.
Vacancies occurring before the expiration of the term of any
member shall be filled in like manner for the unexpired term.
Student members of the Council of Trustees shall be appointed by
the Governor and shall not be subject to Senate confirmation. If
a student member is temporarily unable, for medical or valid
academic reasons, to fulfill the responsibilities of office, the
Council of Trustees may request that the Governor appoint an
otherwise qualified student to serve as an alternate until the
return of the student member.
(c) The members of each board of trustees of a former State
college or university serving in such capacity on the effective
date of this act shall continue to serve for the balance of
their respective terms.
(d) Six (6) members of a council shall constitute a quorum.
Each council shall select from its members a chairperson and a
secretary to serve at the pleasure of the council. Each council
shall meet at least quarterly, and additionally at the call of
the president, or its chairperson, or upon request of three (3)
of its members.
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Section 2009-A. Powers and Duties of Councils of Trustees.--
In accordance with the rules and regulations adopted by the
board, the council of each institution shall have the power and
its duty shall be:
(1) To make recommendations to the chancellor for the
appointment, retention or dismissal of the president following
consultation with students, faculty and alumni.
(2) To assist the president in developing proper relations
and understanding between the institution and its programs and
the public, in order to serve the interests and needs of both.
(3) To review and approve the recommendations of the
president as to standards for the admission, discipline and
expulsion of students.
(4) To review and approve the recommendations of the
president pertaining to policies and procedures governing the
use of institutional facilities and property.
(5) To approve schools and academic programs.
(6) To review and approve the recommendations of the
president pertaining to annual operating and capital budget
requirements for forwarding to the board.
(7) To review and approve charges for room and board and
other fees except student activity fees.
(8) To conduct an annual physical inspection of facilities
and make recommendations regarding maintenance and construction
to the board.
(9) To review and approve all contracts and purchases
negotiated or awarded by the president with or without
competitive bidding and all contracts for consultative services
entered by the president.
(10) To represent the institution at official functions of
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the Commonwealth.
(11) To take such other action as may be necessary to
effectuate the powers and duties herein delegated.
(12) In accordance with the evaluation procedure established
by the board each council shall conduct an evaluation of the
president and forward the results of that evaluation with
recommendation to the chancellor for submission to the board.
(13) By resolution adopted by the council to authorize
campus police who have completed firearms training in accordance
with 53 Pa.C.S. § 2167(a) (relating to police training) to carry
firearms in the course of duty for any institution whose campus
police are authorized to carry firearms on the effective date of
this paragraph, the authority to carry firearms shall remain in
effect unless the council by resolution dissolves such
authority.
Section 2010-A. Power and Duties of Institution
Presidents.--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
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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
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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.
(10.1) 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 120, 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 120, 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
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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.
Section 2011-A. Rental Fees and Other Charges.--(a) In
addition to rental fees fixed, charged and collected in the
manner provided by law from each student residing in State-owned
or State-leased residential facilities at an institution for the
maintenance and operation of such facilities, a sum shall be
fixed by the president, with approval of the Council of
Trustees, and charged and collected from each such person as an
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additional rental fee. Such additional rental fees shall be
credited to a Reserve Fund for contingencies and capital
replacements.
(b) In addition to the other fees from time to time fixed,
charged and collected in the manner provided by law, a fee of
ten dollars ($10) per semester of eighteen (18) weeks and a
proportionate fee for each trimester, quarter, term and summer
sessions of six (6) weeks or three (3) weeks shall be fixed,
charged and collected from each student while in attendance at a
university for which the General State Authority has taken title
to a student community building, which fee shall be credited to
the Department of General Services and shall be fixed by the
council of trustees in amounts sufficient to meet rentals due to
the General State Authority, pursuant to contracts to lease
student community buildings constructed by the said authority
for the use of the system universities.
Section 2012-A. Diplomas and Certificates.--The board shall
prescribe minimum standards for graduation from the system. Each
graduate shall receive such diploma as the board shall
prescribe. The system shall be authorized to grant
baccalaureate, master's and doctoral degrees as limited by
section 2003-A for successful completion of prescribed courses
of study and such other certificates and degrees as the board
may authorize.
Section 2013-A. Teachers' and Employes' Retirement Plans.--
Pursuant to the provisions of 24 Pa.C.S. § 8301 (relating to
mandatory and optional membership), all professional and other
employes of the system and its institutions shall be accorded
the right to elect participation in the Pennsylvania Public
School Employees' Retirement System or the State Employees'
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Retirement System. Alternatively, eligible employes shall have
the right to elect participation in the Teachers' Insurance and
Annuity Association of America--College Retirement Equities Fund
(TIAA-CREF) retirement plan or in an alternative retirement plan
or plans offered by any insurance company authorized to issue
annuity contracts in this Commonwealth or mutual fund company
with investment options meeting the requirements of a qualified
plan under the Internal Revenue Code of 1986 (Public Law 99-514,
26 U.S.C. § 1 et seq.). The alternative retirement plans shall
be selected by the system pursuant to the request-for-proposal
process.
Section 2014-A. Nondiscrimination.--No person shall be
denied matriculation at any system institution or a position as
a governor, trustee, faculty member, or employe of the system,
or the opportunity to contract with the system or its
constituent institutions because of race, color, religion, age,
sex, national origin, handicap or political affiliation. The
board shall develop and promulgate by regulation a plan assuring
equal opportunity in educational access, employment and
contracting. The plan shall provide for nondiscrimination and
compliance with respect to contracting practices for the system,
its constituent institutions and their contractors,
subcontractors, assignees, lessees, agents, vendors and
suppliers.
Section 2015-A. Annual Audit.--(a) The activities of the
system under this article shall be subject to the audit of the
Department of the Auditor General, but the system shall not be
required to pay a fee for any such audit. It shall make an
annual report to the State board and to the General Assembly
showing its condition at the end of the Commonwealth's fiscal
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year.
(b) The system shall report its financial statements in
accordance with generally accepted accounting principles as
prescribed by the National Association of College and University
Business Officers, the American Institute of Certified Public
Accountants or any other recognized authoritative body, as well
as applicable policy and standards promulgated by the
Commonwealth and the Federal Government.
Section 2016-A. Continuation of Powers and Duties.--All
powers, rights, privileges, duties and obligations, statutory,
contractual or otherwise, of the institutions or their
predecessors and their respective council of trustees and
officers, heretofore existing and not otherwise changed or
repealed by this act, shall continue in full force and effect.
Section 2017-A. Annual Report.--(a) An annual report shall
be submitted in electronic format by each institution to the
Department of Education and the Joint State Government
Commission, which shall include data for all programs of the
institution. Each such report, to be submitted prior to
September 1, shall cover the 12-month period beginning with the
summer term of the preceding year and shall include:
(1) The following counts and distributions for each term
during the period:
(i) The definitions and numbers of faculty members employed
full time, of faculty members employed part time, of full-time
students enrolled in graduate courses, of full-time students
enrolled in undergraduate courses, of part-time students
enrolled in graduate courses, and of part-time students enrolled
in undergraduate courses.
(ii) The total numbers of undergraduate student credit
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hours, divided into lower division and upper division course
levels, and of graduate student credit hours divided into three
course levels--master's, first professional and doctoral.
(iii) The number of different courses scheduled by level of
instruction and the number of sections of individual instruction
scheduled by level of instruction, each further subdivided by
two digit Classification of Instructional Program (CIP)
categories of instructional programs of higher education as
defined by the National Center for Education Statistics, United
States Department of Education.
(iv) The number of terms scheduled and the dates thereof.
(2) For the summer term and the following academic year in
total and for each two digit CIP program category, a
classification of faculty members or other professional employes
by title, including: professor, associate professor, assistant
professor, instructor, lecturer, research associate, librarian
and academic administrator; faculty members or other
professional employes under each title to be subdivided by type
of assignment: teaching and nonteaching, and each such set of
faculty members or other professional employes to be further
subdivided by type of employment: full time or part time; and
the following aggregates for each subdivided classification:
(i) The number of faculty and other professional employes
and their full-time equivalence in instructional and
noninstructional functions.
(ii) The sum of credits assigned to undergraduate classroom
courses and the sum of credits assigned to graduate classroom
courses taught, divided into lower division, upper division,
master's, first professional and doctoral course levels.
(iii) The sum of credits assigned to undergraduate
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individual instruction courses and the sum of credits assigned
to graduate individual instruction courses taught, divided into
lower division, upper division, master's, first professional and
doctoral course levels.
(iv) The sum of undergraduate classroom student credit hours
and the sum of graduate classroom student credit hours
generated, divided into lower division, upper division,
master's, first professional and doctoral course levels.
(v) The sum of undergraduate individual instruction student
credit hours and the sum of graduate individual instruction
student credit hours generated, divided into lower division,
upper division, master's, first professional and doctoral course
levels.
(vi) The total salary paid for instructional functions and
for noninstructional functions and the amount of this salary
paid for each of these functions from university funds, Federal
funds and other funds.
(3) For each term of the period covered for each faculty
member employed full time identified by two digit CIP program
category and title, the report shall contain an analysis of the
average hours per week spent in university-related activities,
stating specifically hours spent in undergraduate classroom
contact and graduate classroom contact, hours spent in
preparation, hours spent in research and hours spent in public
service.
(b) In addition to the requirements of subsection (a), each
report covering the 12-month period shall include for all
programs of the institution:
(1) Minimum number of credits required for a baccalaureate
degree and for a master's degree.
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(2) Number of bachelor's degrees, master's degrees, first
professional degrees and doctoral degrees awarded in the three
previous years and those estimated for that year.
(c) The Joint State Government Commission shall develop a
statistical comparison analysis recognizing differences in
missions from the reports made under this section. The
comparison shall be provided to the Education Committee of the
Senate and the Appropriations Committee of the Senate and the
Education Committee of the House of Representatives and the
Appropriations Committee of the House of Representatives and the
four State regional libraries. The comparative analysis shall be
posted on the Joint State Government Commission's Internet
website for a period of no less than five (5) years from the
date of submission.
(d) Each report submitted under subsection (a) shall be
posted by the Department of Education on its Internet website
for a period of no less than five (5) years from the date of
submission.
Section 2018-A. Method of Disposition; Consideration by the
General Assembly.--(a) Whenever the system deems that it is
necessary or desirable to sell, transfer or dispose of real
property acquired by and titled to it, it shall request
authorization from the General Assembly to sell, transfer or
dispose of said real property; and from time to time, as
necessary, the system shall submit to the Chief Clerk of the
House of Representatives and the Secretary of the Senate
requests to sell, transfer or dispose of real property acquired
by and titled to the system for consideration by the General
Assembly.
(b) Each request for authorization to sell, transfer or
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dispose of real property transmitted to the General Assembly
shall be proposed as a resolution, and shall be placed on the
calendar of each house for the next legislative day following
its receipt, and shall be considered by each house within thirty
(30) calendar days of continuous session of the General
Assembly.
(c) Each request for authorization to sell, transfer or
dispose of real property shall take effect if it is approved by
a majority vote of the duly elected membership of each house
during such thirty-day period or may be disapproved by either
house during that period by a majority vote of the duly elected
membership of each house.
(d) No resolution shall be effective:
(1) unless it designates the number of the request for
authorization to sell, transfer or dispose of real property and
the date on which it was transmitted to the General Assembly; or
(2) if it specifies more than one request for authorization
to sell, transfer or dispose of real property except as
otherwise provided by subsection (g) of this section.
(e) The effective date of each request for authorization to
sell, dispose or transfer real property shall be the date of
approval of the last of the two houses to act. Upon the
expiration of the thirty-day period after the delivery of the
request for authorization to sell, dispose or transfer real
property to the two Houses of the General Assembly and the
failure to act as provided in subsection (c) of this section,
each request for authorization to sell, dispose or transfer real
property shall become effective.
(f) For the purposes of subsection (b) of this section:
(1) Continuity of session shall be considered as broken only
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by an adjournment of the General Assembly sine die.
(2) In the computation of the thirty-day period, there shall
be excluded the days on which either house is not in session
because of an adjournment of more than ten (10) days to a day
certain.
(g) Any provision of the request for authorization to sell,
dispose or transfer real property may, under provisions
contained therein, be made operative at a time later than the
date on which the request for authorization to sell, transfer or
dispose of real property otherwise takes effect.
Section 2020-A. Articulation Agreements.--Funds appropriated
for program initiatives, including performance measurement and
systemwide technology initiatives, shall be contingent upon the
State System of Higher Education making all articulation
agreements with other higher education institutions available on
its Internet website.]
Section 2. The act is amended by adding an article to read:
ARTICLE XX-A.1
THE STATE SYSTEM OF HIGHER EDUCATION
Section 2001-A.1. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Board of Governors of the State System of
Higher Education.
"Campus police." All law enforcement personnel employed by
the system who have successfully completed a campus police
course of training approved under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training).
"Chancellor." The chief executive officer of the system.
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"CIP." Classification of Instructional Program.
"Coalition bargaining." Two or more employers bargaining
jointly with all employees in a particular category or
bargaining unit so that one collective process would determine
the conditions of employment for all employers in the
appropriate units involved.
"Deferment." An authorized delay in the payment by a student
of all or part of the student's tuition fee, charges for room
and board, application fee, student activity fee or any other
charge or fee.
"Employer." The board as the successor employer to the
Commonwealth of Pennsylvania.
"Graduate assistant." A graduate student appointed by the
president and assigned to a faculty or staff member to assist in
research, instruction and other related professional duties.
"Grounds." All lands and buildings owned, controlled, leased
or managed by the system and all highways, trafficways and
bicycle and pedestrian facilities that traverse or abut the
lands and buildings .
"Higher education." An organized program of instruction,
research or service primarily concerned with a field of
organized knowledge, related theory and associated practice or
application of skills that is creditable towards and leads to a
degree.
"Maintenance projects." Activities, materials, labor and
contracts necessary to replace, restore, refurbish or enhance
real property, which do not alter the architectural
characteristics, engineering characteristics or the structural
integrity of any structure or utility system, as follows:
(1) painting;
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(2) window repair and replacement;
(3) roof repair and replacement;
(4) repointing and masonry repair;
(5) downspout and gutter repair and replacement;
(6) landscaping;
(7) roadways, parking facilities, track and athletic
court resurfacing and reconstruction;
(8) sidewalk and curbing reconstruction and replacement;
(9) asbestos abatement in accordance with all State and
Federal statutes and regulations;
(10) caulking and insulation; and
(11) replacement, reconstruction and construction of
nonload bearing interior walls.
"Member institution." State-owned colleges and universities
and the personnel, physical plant, instructional equipment,
records and all other property of State-owned colleges and
universities.
"Professional employee." An employee whose work:
(1) is predominately intellectual and varied in
character;
(2) requires consistent exercise of discretion and
judgment;
(3) requires knowledge of an advanced nature in the
field of science or learning customarily acquired by
specialized study in an institution of higher learning or its
equivalent; and
(4) is of such character that the output or result
accomplished cannot be standardized in relation to a given
period of time.
"Refund." A return payment or remission by an institution to
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a student of all or part of any sum the student has paid for
tuition, room and board, application or student activity fee or
any other charge or fee.
"Secretary." The Secretary of Education of the Commonwealth
or a designee.
"State board." The State Board of Education.
"Student." An individual who is enrolled in a course of
study in any institution which is subject to this article.
"Student association." The officially recognized
representative body of the student population of each
institution.
"System." The State System of Higher Education.
"Trustees." The council of trustees of a member institution.
"Waiver." A release from initial payment by a student of all
or part of the student's tuition, charge for room and board,
application or student activity fee or any other charge or fee.
Section 2002-A.1. Structure of the State System of Higher
Education and member institutions.
(a) Establishment.--Subject to the regulatory powers
conferred by law upon the board, there is established a body
corporate and politic constituting a public corporation and
government instrumentality which shall be known as the State
System of Higher Education, independent of the Department of
Education, which shall consist of the following member
institutions:
(1) Bloomsburg State College.
(2) California State College.
(3) Cheyney State College.
(4) Clarion State College.
(5) East Stroudsburg State College.
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(6) Edinboro State College.
(7) Indiana University of Pennsylvania.
(8) Kutztown State College.
(9) Lock Haven State College.
(10) Mansfield State College.
(11) Millersville State College.
(12) Shippensburg State College.
(13) Slippery Rock State College.
(14) West Chester State College.
(b) Name.--The institutions under subsection (a) shall be
known as the (Name) University of Pennsylvania of the State
System of Higher Education, except for Indiana University of
Pennsylvania, which shall retain its name. State money
appropriated to the system shall be allocated to the board on a
formula based on, but not limited to, factors including
enrollments, degrees granted and programs.
Section 2003-A.1. Board of Governors of the State System of
Higher Education.
(a) Board.--The system shall be governed and all corporate
powers exercised by the board, which shall consist of nine
members as follows:
(1) Two resident members appointed by the Governor.
(2) One resident member appointed by the President pro
tempore of the Senate.
(3) One resident member appointed by the Speaker of the
House of Representatives.
(4) One resident member appointed by the Minority Leader
of the Senate.
(5) One resident member appointed by the minority leader
of the House of Representatives.
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(6) One student member of a member institution appointed
by the Governor with a term to expire at graduation.
(7) One faculty member of a member institution selected
by the faculty member's peers.
(8) One council of trustees member of a member
institution appointed by the Governor.
(9) (Reserved).
(b) Terms.--The appointed members shall serve staggered
seven-year terms. For initial appointments under subsection (a)
beginning July 1, 2019, three members shall serve two-year
terms, three members shall serve three-year terms and three
members shall serve seven-year terms.
(c) Compensation.--Members of the board shall receive no
compensation but may be reimbursed for travel and per diem
expenses.
(d) Authority.--The board, in exercising authority under the
laws of this Commonwealth, shall exercise authority in a manner
that supports, promotes and enhances the system to provide
affordable access to postsecondary educational opportunities for
residents of this Commonwealth.
Section 2004-A.1. Powers and duties of board.
(a) General.--The board, or the board's designee, in
consultation with the council of trustees of a member
institution, shall be responsible for cost-effective policy
decisions appropriate to each member institution's mission, the
implementation and maintenance of high-quality education
programs, the measurement of performance, the reporting of
information and the provision of input regarding State policy,
budgeting and education standards.
(b) Management.--The board, or the board's designee, must:
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(1) Define the distinctive mission of each member
institution.
(2) Define the articulation of each member institution.
(3) Ensure the well-planned coordination and operation
of the system.
(4) Avoid wasteful duplication of facilities or programs
within the system.
(5) Account for expenditure of money appropriated by the
General Assembly for the system.
(6) Submit a budget request for legislative
appropriations for the system and the member institutions.
(7) Adopt strategic plans for the system and each member
institution.
(8) Approve, review and terminate degree programs of the
system and each member institution.
(9) Govern admissions to the member institutions.
(10) Serve as the public employer to all public
employees of member institutions for collective bargaining
purposes.
(11) Establish a personnel system for all member
institutions.
(12) Comply with and enforce for member institutions
under the board's jurisdiction all applicable Federal, State
and local laws.
(c) Finance.--The board, or the board's designee:
(1) Shall account for expenditures of all Federal,
State, local and other money. The accounting systems shall
have appropriate audit and internal controls in place in
accordance with generally accepted accounting principles as
prescribed by the National Association of College and
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University Business Officers, the American Institute of
Certified Public Accountants or any other recognized
authoritative body, as well as applicable policy and
standards promulgated by the Federal Government and the
Commonwealth that will enable the member institutions to
satisfactorily and timely perform all accounting and
reporting functions required by Federal and State laws and
rules.
(2) Shall prepare the legislative budget requests for
the system, including a request for fixed capital outlay, and
submit the requests to the Secretary of the Budget for
inclusion in the higher education legislative budget request.
The board shall provide the member institutions with fiscal
policy guidelines, formats and instruction for the
development of member institution's budget requests.
(3) Shall establish tuition and fees for each member
institution.
(4) Is authorized to secure comprehensive general
liability insurance for member institutions.
(d) Accountability.--The following apply:
(1) The board shall align the missions of each member
institution with the:
(i) academic success of students;
(ii) national reputation of the faculty and the
academic and research programs of the institution; and
(iii) quantity of externally generated research,
patents and licenses.
(2) The board shall develop a strategic plan specifying
goals and objectives for each member institution, including
each member institution's contribution to the overall
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system's goals and objectives. The strategic plan must
include:
(i) Performance metrics and standards common for all
member institutions and metrics and standards unique to
member institutions depending on each member
institution's core missions, including, but not limited
to, student admission requirements, retention,
graduation, percentage of graduates who have attained
employment, percentage of graduates enrolled in continued
education, average wages of employed graduates, average
cost per graduate, excess hours, student loan burden and
default rates, faculty awards, total annual research
expenditures, patents, licenses and royalties,
intellectual property, start-up companies, annual giving,
endowments, and well-known, highly respected national
rankings for member institutions and program
achievements.
(ii) Student enrollment and performance data
delineated by method of instruction, including, but not
limited to, traditional, online and distance learning
instruction.
(3) The board shall develop an accountability plan for
the system and each member institution. The accountability
plan must address each member institution's achievement and
the system's achievement of goals and objectives specified in
the strategic plan adopted under paragraph (2) and must be
submitted as part of the board's executive budget request.
(4) Beginning in the 2019-2020 fiscal year and annually
thereafter, the board shall require a member institution
prior to registration to provide each enrolled student
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electronic access to the economic security report of
employment and earning outcomes prepared by the Department of
Education. In addition, the board shall require a member
institution to provide each student electronic access to the
following information each year prior to registration:
(i) The top 25% of degrees reported by the member
institution in terms of highest full-time job placement
and highest average annualized earnings in the year after
earning the degree.
(ii) The bottom 10% of degrees reported by the
member institutions in terms of lowest full-time job
placement and lowest average annualized earnings in the
year after earning the degree.
(5) The board shall maintain an effective information
system to provide accurate, timely and cost-effective
information about each member institution. The board shall
continue to collect and maintain, at a minimum, management
information as such information existed on June 30, 2019.
(6) If the board determines that a member institution's
trustees are unwilling or unable to address substantiated
allegations made by a person relating to waste, fraud or
financial mismanagement within the member institution, the
Office of Inspector General shall investigate the
allegations.
(7) The board may request authority from the General
Assembly to waive or modify specific statutory requirements
in order to reduce barriers and support the attainment of
goals identified in member institutions' plans, as necessary
for advancing system priorities and unique member institution
priorities. Regulatory flexibilities authorized and statutory
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flexibilities authorized or requested by the board under this
subsection must be included in the accountability plan
prepared and submitted under paragraph (3).
(8) The board, or the board's designee, shall develop
guidelines and procedures related to data and technology,
including information systems, communications systems,
computer hardware and software and networks.
(9) The board shall develop guidelines for supervising
faculty practice plans for academic health science centers.
(10) The board shall prescribe conditions for direct-
support system health services support organizations to be
certified and to use member institution property and
services. Conditions relating to certification must provide
for audit review and oversight by the board.
(11) The board shall ensure that students at member
institutions have access to general education courses as
provided in the Statewide articulation agreement, pursuant to
section 2012-A.1.
(12) The board shall approve baccalaureate degree
programs that require more than 120 semester credit hours of
coursework prior to the programs being offered by a member
institution. At least half of the required coursework for any
baccalaureate degree must be offered at the lower-division
level, except in program areas approved by the board.
(13) The board, or the board's designee, shall adopt a
written antihazing policy, appropriate penalties for
violations of the policy and a program for enforcing the
policy.
(14) The board, or the board's designee, may establish a
uniform code of conduct and appropriate penalties for
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violations of regulations by students and student
organizations, including regulations governing student
academic honesty. The penalties, unless otherwise provided by
law, may include reasonable fines, the withholding of
diplomas or transcripts pending compliance with regulations
or payment of fines and the imposition of probation,
suspension or dismissal.
(15) The board shall adopt regulations requiring member
institutions to use purchasing agreements or State-term
contracts under 62 Pa.C.S. (relating to procurement) or enter
into consortia and cooperative agreements to maximize the
purchasing power for goods and services. A consortium or
cooperative agreement may be Statewide, regional or a
combination of institutions, as appropriate to achieve the
lowest cost, with the goal of achieving a 5% savings on
existing contract prices through the use of new cooperative
arrangements or new consortium contracts.
Section 2005-A.1. Member institution council of trustees.
(a) Council of trustees.--Each member institution shall be
administered by a council of trustees comprised of nine members
as follows:
(1) one faculty member of the member institution
selected by the faculty member's peers;
(2) the president of the student body of the member
institutions;
(3) four citizen members appointed by the Governor; and
(4) three citizen members appointed by the Board of
Governors.
(b) Powers and structure.--The following apply:
(1) Each member institution council of trustees shall be
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a public body corporate by the name of "The (name of member
institution) Council of Trustees," with all the powers of a
body corporate, including the power to adopt a corporate
seal, to contract and be contracted with, to sue and be sued,
to plead and be impleaded in all courts of law or equity, and
to give and receive donations. In all suits against a council
of trustees, service of process shall be made on the chair of
the council of trustees or, in the absence of the chair, on
the corporate secretary or designee.
(2) The corporation shall be constituted as a public
instrumentality, and the exercise by the corporation of the
power conferred by this section shall be considered to be the
performance of an essential public function and shall be
entitled to provide notice of internal review committee
meetings for competitive proposals or procurement to
applicants by mail or facsimile rather than by means of
publication.
(3) Each council of trustees shall constitute the
contracting agent of the member institution.
(c) Terms.--Trustees appointed under this section shall
serve staggered five-year terms. For initial appointments under
subsection (a)(3), beginning July 1, 2019, three members shall
serve two-year terms, three members shall serve three-year terms
and three members shall serve five-year terms. There shall be no
State residency requirement for council members, but the
Governor and the Board of Governors shall consider diversity and
regional representation.
(d) Compensation.--Trustees shall receive no compensation
but may be reimbursed for travel and per diem expenses.
(e) Chair and vice chair.--The following apply:
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(1) Each council of trustees shall select a chair and
vice chair from the appointed trustees.
(2) (i) Except as provided under subparagraph (ii),
each chair shall serve for two years and may be
reselected for one additional consecutive two-year term.
(ii) For each additional consecutive term beyond the
two terms provided for under subparagraph (i), a council
of trustees may, by a two-thirds votes, reselect the
chair for an additional consecutive two-year term.
(3) The chair:
(i) shall preside at all meetings of the council of
trustees;
(ii) may call special meetings of the council of
trustees;
(iii) attest to actions of the trustees; and
(iv) notify the board in writing when a trustee has
three consecutive unexcused absences from regular board
meetings in any fiscal year, which may be grounds for
removal by the Board of Governors.
(f) Meeting minutes.--Each council of trustees shall keep
and, within two weeks after a board meeting, post prominently on
the member institution's publicly accessible Internet website,
detailed meeting minutes for all meetings, including the vote
history and attendance of each trustee. The board shall adopt
regulations to provide for the implementation of this
subsection.
(g) Rental fees and other charges.--The following apply:
(1) In addition to rental fees fixed, charged and
collected in the manner provided by law from each student
residing in State-owned or State-leased residential
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facilities at a member institution for the maintenance and
operation of such facilities, a sum shall be fixed by the
council of trustees, with approval of the board, and charged
and collected from each person as an additional rental fee.
Additional rental fees shall be credited to a reserve fund
for contingencies and capital replacements.
(2) In addition to the other fees from time to time
fixed, charged and collected in the manner provided by law, a
fee of $10 per semester of 18 weeks and a proportionate fee
for each trimester, quarter, term and summer session of six
weeks or three weeks shall be fixed, charged and collected
from each student while in attendance at a member
institution.
Section 2006-A.1. Diplomas and certificates.
The board shall prescribe minimum standards for graduation
from the system. Each graduate shall receive a diploma as the
board prescribes. The system shall be authorized to grant
baccalaureate, master's and doctoral degrees as limited by
section 2004-A.1 for successful completion of prescribed courses
of study and such other certificates and degrees as the board
may authorize.
Section 2007-A.1. Teachers' and employees' retirement plans.
Under the provisions of 24 Pa.C.S. § 8301 (relating to
mandatory and optional membership in the system and
participation in the plan), all professional and other employees
of the system and its member institutions shall be accorded the
right to elect participation in the Pennsylvania Public School
Employees' Retirement System or the State Employees' Retirement
System. Alternatively, eligible employees shall have the right
to elect participation in the Teachers' Insurance and Annuity
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Association of America--College Retirement Equities Fund
retirement plan or in an alternative retirement plan or plans
offered by an insurance company authorized to issue annuity
contracts in this Commonwealth or a mutual fund company with
investment options meeting the requirements of a qualified plan
under the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 1 et seq.). The alternative retirement plans shall be
selected by the system pursuant to the request-for-proposal
process.
Section 2008-A.1. Nondiscrimination.
No person shall be denied matriculation at a member
institution or a position on the board, as a trustee, faculty
member or employee of the system, or the opportunity to contract
with the system or its member institutions