PRINTER'S NO. 1724
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1172
Session of
2020
INTRODUCED BY MARTIN, TOMLINSON, MENSCH AND STEFANO,
MAY 28, 2020
REFERRED TO EDUCATION, MAY 28, 2020
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," in State System of Higher Education,
further providing for annual report, and providing for
emergency powers due to COVID-19 disaster emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2017-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
repealed:
[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
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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
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:
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(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
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
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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.
(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 2. The act is amended by adding a section to read:
Section 2021-A. Emergency powers due to COVID-19 disaster
emergency.
(a) This section provides temporary authority to the system
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to deal with system and institution sustainability resulting
from multiyear enrollment declines and disruptions related to
the COVID-19 disaster emergency.
(b) 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:
"COVID-19 disaster emergency." The proclamation of disaster
emergency issued by the Governor on March 6, 2020, published at
50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of
disaster emergency.
(c) In addition to the powers granted under section 2006-A,
the board shall have temporary plenary power to make, issue and
enforce board policies, procedures and standards for the
management and conduct of the instructional, administrative and
financial affairs of the system, including:
(1) To pursue and implement any measures, such as granting
an institution independence, reorganization, affiliation,
integration, suspension or merger of the system or any one or
more institutions necessary to ensure the educational integrity
and financial sustainability of the system or of any one or more
institutions. This paragraph shall not be construed to include
the power to close an institution.
(2) To integrate key functions across institutions
including, but not limited to, facilities, human resources and
information technology into centralized shared services.
Participation in these functions by an institution shall be at
the discretion of the institution's council of trustees, if the
institution is found to be sustainable as determined under
subsection (d)(2).
(3) To make all reasonable policies and procedures necessary
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to carry out the purposes of this section.
(4) To do and perform generally all of those things
necessary and required to accomplish the role and objectives of
the system under this section, unless otherwise delegated by the
board to the chancellor.
(d) In the event of imminent financial emergency at an
institution, the chancellor shall:
(1) Review the budgetary documentation for the system and
the institutions.
(2) Assess whether the imminent financial emergency would
impair the financial condition of the system or of any
institution as to threaten the ability to maintain
sustainability or render the system or an institution unable to
meet its obligations to the public. An institution shall be
deemed sustainable if it had a minimum of five thousand (5,000)
students enrolled in the fall 2019 semester and a three (3) year
moving average for the primary reserve ratio above twenty-five
(25%) percent.
(3) Ascertain the extent to which consolidation or
elimination of some administrative offices and services or
reductions in operating and equipment budgets would alleviate
the imminent financial emergency and have an effect upon
students.
(4) Ascertain the extent to which voluntary mechanisms would
alleviate the imminent financial emergency.
(5) Present to the board a proposal for an institution
determined to be unsustainable under clause (2) to ameliorate
the emergency.
(e) (1) The board shall consider the chancellor's proposal
under subsection (d)(5) and may, by a majority vote, approve the
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proposal.
(2) If the board rejects the proposal, the chancellor may
amend the proposal and present it to the board for
reconsideration.
(f) If the proposal is approved, the board shall allow for
an opportunity of thirty (30) calendar days for public comment
and fifteen (15) days to respond to public comments.
(g) The chancellor may amend the proposal in response to
public comment and present the amended proposal to the board for
approval as provided under subsection (e).
(h) The final responsibility for the implementation of the
approved proposal shall remain with the board, unless otherwise
delegated to the chancellor.
(i) The proposal, upon approval by the board, shall be
implemented within two years.
(j) Modification to the proposal may be made by the
chancellor, subject to approval by the board as provided under
subsection (e), but may not extend the two (2) year
implementation period.
(k) Any action taken under the approved proposal involving
the movement of money from an account of the system or an
institution to another account shall be documented and include a
plan for repayment. Repayment shall be given priority when any
new Federal or State money is appropriated to the institution
subject to the approved proposal.
(l) Any action taken under an approved proposal involving an
institution determined to be sustainable under subsection (d)(2)
may not be implemented without approval from the council of
trustees of the sustainable institution.
(m) This section shall expire three (3) years from the
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effective date of this section.
Section 3. This act shall take effect immediately.
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