Regular Session 2019-2020 Senate Bill 0536 P.N. 0599

PRINTER'S NO. 599

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

536

Session of

2019

INTRODUCED BY BROWNE, AUMENT, MARTIN, LEACH, ARGALL, PHILLIPS-

HILL, FOLMER, BAKER, BLAKE, K. WARD, DINNIMAN, YUDICHAK,

MENSCH, STEFANO, J. WARD AND TARTAGLIONE, APRIL 10, 2019

REFERRED TO EDUCATION, APRIL 10, 2019

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," establishing the Public Higher

Education Funding Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

ARTICLE XX-I

MISCELLANEOUS PROVISIONS RELATING TO

INSTITUTIONS OF HIGHER EDUCATION

Section 2001-I. Public Higher Education Funding Commission.

(a) Establishment.--The Public Higher Education Funding

Commission is established.

(b) Duties.--The commission shall review and make

recommendations related to higher education funding,

affordability and effectiveness and administration and

operations as provided in this section.

(1) The commission shall consist of the following

members:

(i) The chair and minority chair of the

Appropriations Committee of the Senate and the chair and

minority chair of the Appropriations Committee of the

House of Representatives.

(ii) The chair and minority chair of the Education

Committee of the Senate and the chair and minority chair

of the Education Committee of the House of

Representatives.

(iii) Two legislators appointed by the President pro

tempore of the Senate.

(iv) Two legislators to be appointed by the Speaker

of the House of Representatives.

(v) One legislator to be appointed by the Minority

Leader of the Senate.

(vi) One legislator to be appointed by the Minority

Leader of the House of Representatives.

(vii) The Secretary of Education.

(2) The commission shall appoint a member to serve as

chair of the commission.

(d) Meetings.--

(1) The commission shall hold its first meeting within

45 days of the effective date of this section, regardless of

whether all legislative caucuses have approved members to the

commission.

(2) The commission shall hold meetings at the call of

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the chair.

(e) Payments to members.--The members may not receive

compensation for their services, but shall be reimbursed for all

necessary travel and other reasonable expenses incurred in

connection with the performance of their duties as members of

the commission.

(f) Administrative support.--The General Assembly shall

provide administrative support, meeting space and any other

assistance required by the commission to carry out its duties

under this section in cooperation with the department. The

department shall provide the commission with data, research and

other information upon request by the commission.

(g) Cooperation from public institutions of higher

education.--The public institutions of higher education shall

provide meeting space and any other assistance required by the

commission to carry out its duties under this section. The

public institutions of higher education shall provide the

commission with data, research and other information upon

request of the chairman.

(h) Higher education funding formula.--The commission shall

develop a higher education funding formula and identify factors

that may be used to determine the distribution of funding among

the public institutions of higher education. The factors

identified under this subsection may include all of the

following:

(1) Goals for higher education.

(2) Goals for higher education completion and

attainment.

(3) This Commonwealth's higher education needs.

(4) The affordability of higher education for residents

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of this Commonwealth.

(5) Resident and nonresident undergraduate and graduate

enrollments.

(6) Graduation rates.

(7) Retention rates.

(8) Time to degree, including associate's degrees and

bachelor's degrees.

(9) Cost per degree, including tuition and fees.

(10) Operational cost per full-time student.

(11) Student debt, including debt of graduates and

noncompleters.

(12) Student financial aid, including programs operated

by the agency.

(13) Job placement after graduation.

(14) Entry level wages.

(15) Degrees granted in occupations that will align with

the Commonwealth's long-term economic needs.

(16) Utilization of existing educational programs and

facilities.

(17) Transfer and articulation of credits between public

institutions of higher education.

(18) Institutional mission, including metrics that

reflect differences in the missions between the institutions.

(19) The appropriate level of recurring State support to

maintain operations.

(20) The appropriate level of formula driven funding to

incentivize success.

(21) The access and success of underrepresented

populations.

(22) Comparisons of the factors contained in this

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section with those factors for private institutions of higher

education that are located inside and outside this

Commonwealth, when available.

(23) Other factors related to higher education and the

distribution of higher education funding that the commission

deems appropriate.

(i) Additional powers and duties.--The commission shall have

all of the following powers and duties:

(1) Review and make findings and recommendations related

to higher education funding in this Commonwealth.

(2) Consult with and utilize experts to assist the

commission in carrying out the duties under this subsection.

(3) Receive input from interested parties, including,

but not limited to, public institutions of higher education.

(4) Hold public hearings in different regions of this

Commonwealth.

(5) Review and consider higher education funding

formulas and factors utilized throughout the United States.

(6) In identifying the higher education funding factors

under subsection (h) and in completing the report required

under this subsection, consider the impact these factors may

have on the distribution of higher education funding among

the public institutions of higher education.

(7) Review the administration and operation of State and

regional higher education programs and services, including

the public institutions of higher education and the agency to

determine if cost savings for the Commonwealth and its

students may be achieved and make recommendations to

implement savings and efficiencies.

(8) Review the administration and operations of State

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and regional higher education programs and services,

including the public institutions of higher education and the

agency, and make recommendations regarding administration and

operations.

(9) Prior to recommending a higher education funding

formula under this section, consider the potential

consequences of a higher education funding formula that does

not allocate to each public institution of higher education

at least the same level or proportion of State funding as the

institution received in the prior fiscal year.

(10) Prior to recommending a higher education funding

formula under this section, consider nationally accepted

accounting and budgeting standards.

(11) Develop a proposed higher education funding formula

and factors pursuant to subsection (h).

(12) Draft proposed legislation based on the

commission's findings.

(13) Issue a report of the commission's findings and

recommendations to the Governor, the President pro tempore of

the Senate, the Speaker of the House of Representatives, the

Majority Leader and Minority Leader of the Senate, the

Majority Leader and Minority Leader of the House of

Representatives, the Secretary of Education and the State

Board of Education, the Appropriations Committee of the

Senate, the Appropriations Committee of the House of

Representatives, the Education Committee of the Senate and

the Education Committee of the House of Representatives not

later than one year after the effective date of this section.

(j) Effective date of higher education funding formula.--The

higher education funding formula developed by the commission

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shall not go into effect unless the formula is approved by an

act of the General Assembly enacted after the effective date of

this section.

(k) Continuation of commission.--Every five years the

commission shall be reconstituted in accordance with subsection

operation of the higher education funding provisions of this

section and shall make a further report and issue the report to

the recipients listed in subsection (i)(13).

(l) Level of state funding through appropriations.--The

General Assembly shall, through the annual appropriations

process, determine the level of State funding for public

institutions of higher education.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Agency." The Pennsylvania Higher Education Assistance

Agency.

"Commission." The Public Higher Education Funding Commission

established under this section.

"Department." The Department of Education of the

Commonwealth.

"Public institution of higher education." A State-owned

university, a State-related university, a community college, the

Pennsylvania College of Technology and the Thaddeus Stevens

College of Technology.

Section 2. This act shall take effect immediately.

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