S1154B1713A05529 DMS:CMH 07/11/24 #90 A05529
AMENDMENTS TO SENATE BILL NO. 1154
Sponsor: REPRESENTATIVE HARRIS
Printer's No. 1713
Amend Bill, page 1, lines 1 and 2, by striking out all of
said lines and inserting
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," providing for institutions of higher
education and for Performance-based Funding Council.
Amend Bill, page 1, line 4, by inserting after "follows:"
Amend Bill, page 1, lines 5 through 17; pages 2 through 7,
lines 1 through 30; page 8, lines 1 through 4; by striking out
all of said lines on said pages and inserting
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-L
INSTITUTIONS OF HIGHER EDUCATION
SUBARTICLE A
PRELIMINARY PROVISIONS
Section 2001-L. 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:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Board." The State Board of Higher Education established
under section 2010-L.
"Community college." An institution created under Article
XIX-A or the act of August 24, 1963 (P.L.1132, No.484), known as
the Community College Act of 1963.
"Council." The Performance-based Funding Council established
under Subarticle C.
"Department." The Department of Education of the
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Commonwealth.
"Financial aid." Funding to help a student pay for
postsecondary education, including grants, work study, loans and
scholarships.
"High-priority occupation." An occupation identified by the
Department of Labor and Industry under the act of December 18,
2001 (P.L.949, No.114), known as the Workforce Development Act.
"Higher Education Scholarship Law." The act of January 25,
1966 (1965 P.L.1546, No.541), referred to as the Higher
Education Scholarship Law.
"Independent institution of higher education." An
institution of higher education which is operated not for
profit, located in and incorporated or chartered by the
Commonwealth and entitled to confer degrees as specified in 24
Pa.C.S. § 6505 (relating to power to confer degrees) and to
apply to itself the designation "college" or "university" as
provided for by the standards and qualifications prescribed by
the State Board of Education under 24 Pa.C.S. Ch. 65 (relating
to private colleges, universities and seminaries).????
"Institution of higher education." As defined in section
1501-L.
"Institutional aid." Financial aid offered to an eligible
student directly by an institution of higher education,
including merit aid, gift aid and athletic awards.
"Pell Grant." The Federal Pell Grant or any successor
program.
"Pennsylvania State grant." A grant or scholarship awarded
under the Higher Education Scholarship Law.
"Private scholarship." Financial aid awards funded by
entities other than the Federal or State Government, including
awards by companies, service groups, foundations, organizations
and individuals.
"Public institution of higher education." A State-owned
university, community college or State-related university.
"State-owned university." An institution which is part of
the State System of Higher Education under Article XX-A.
"State-related university." The Pennsylvania State
University, the University of Pittsburgh, Temple University and
Lincoln University.
"System." The State System of Higher Education established
under Article XX-A.
SUBARTICLE B
(Reserved)
SUBARTICLE C
PERFORMANCE-BASED FUNDING COUNCIL
Section 2030-L. Scope of subarticle.
This subarticle relates to the Performance-based Funding
Council.
Section 2031-L. Definitions.
The following words and phrases when used in this subarticle
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"State-related university." The following institutions:
(1) The Pennsylvania State University.
(2) The University of Pittsburgh.
(3) Temple University.
Section 2032-L. Performance-based Funding Council.
(a) Purpose.--The Performance-based Funding Council is
established and shall develop a process to distribute funding to
the State-related universities. The process shall utilize
performance-based metrics designed to increase degree
attainment, encourage affordability in higher education, meet
workforce needs and grow the economy.
(b) Goals.--The goals of the council in the development of
the process shall be:
(1) Predictability to avoid dramatic changes over time
to the individual institutions of higher education or the
overall sector.
(2) Outcomes driven to align to the priorities of the
Commonwealth.
(3) Transparency to increase public trust.
(4) Resources and incentives to increase student access
and attainment.
(c) Membership.--
(1) The council shall consist of voting members
appointed under paragraph (2) and nonvoting members, who
shall serve in an advisory role, described under paragraph
(3).
(2) The voting members of the council shall consist of
the following members of the State Board of Higher Education
under section 2010-L(c):
(i) The Secretary of Education appointed under
section 2010-L(c)(1).
(ii) One member of the Senate appointed by the
President pro tempore of the Senate appointed under
section 2010-L(c)(3).
(iii) One member of the Senate appointed by the
Minority Leader of the Senate appointed under section
2010-L(c)(4).
(iv) One member of the House of Representatives
appointed by the Speaker of the House of Representatives
appointed under section 2010-L(c)(5).
(v) One member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives appointed under section 2010-L(c)(6).
(3) The nonvoting members of the council shall be:
(i) The President of The Pennsylvania State
University or a designee.
(ii) The Chancellor of the University of Pittsburgh
or a designee.
(iii) The President of Temple University or a
designee.
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(d) Chairperson.--The voting members of the council shall
appoint a member to serve as the chairperson.
(e) Council meetings.--The meetings of the council shall be
held bimonthly and at the call of the chairperson as necessary
and shall be conducted in accordance with the requirements of 65
Pa.C.S. Ch. 7 (relating to open meetings).
(f) Quorum.--A majority of the voting members of the council
shall constitute a quorum, and a quorum shall be required to
vote on actions to be taken by the council.
(g) Council actions.--A two-thirds vote of the voting
members of the council shall be required for all actions taken
by the council.
(h) Technical support.--The Office of the Budget, the
department, the agency and the State-related universities shall
provide technical support, including data, research and other
assistance required by the council, to carry out the council's
powers and duties under this section.
(i) Powers and duties.--The council shall:
(1) Consult with Commonwealth agencies and experts to
assist in carrying out the duties of this section.
(2) Hold public hearings at each one of the State-
related universities and receive input from experts and
interested parties, including parents and students.
(3) Develop recommendations for a process that utilizes
performance-based metrics to distribute funding.
(4) No later than April 30, 2025, transmit the
recommendations to the Governor, the board, the department
and the General Assembly, including draft legislation to
implement the process to distribute funding.
(j) Performance-based funding metrics.--The council shall
consider the following metrics when developing the process under
under subsection (i):
(1) A fixed amount per State-related university to
ensure ongoing operations.
(2) Incentive funding.
(3) Performance thresholds.
(4) The two-year and four-year graduation rate for
first-time college students.
(5) The number and percentage of Pennsylvania
undergraduate students enrolled who received a Pell Grant
during the previous school year.
(6) The six-year graduation rate for students who are
awarded a Pell Grant in their first year.
(7) The four-year graduation rate for baccalaureate
students.
(8) Student retention rates.
(9) Bachelor's degree production per 100 full-time
enrolled students.
(10) Net tuition and fees per 120 credit hours.
(11) Post-graduation employment rates and salaries,
including wage thresholds that reflect the added value of an
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associate or baccalaureate degree.
(12) The number of students who attain credentials in
high-priority occupations in this Commonwealth.
(13) The number of nontraditional students enrolled in a
programs aligned to high-priority occupations in this
Commonwealth.
(14) The number of high school students who are dual
enrolled and the number of credits earned.
(15) The number of students who transfer to a State-
related university with at least 24 college-level credit
hours and the time to degree at the receiving institution.
(16) Other metrics provided by each State-related
university.
(17) Other metrics related to higher education that the
council deems appropriate.
(k) Weighting of performance-based funding metrics.--The
council may consider weights for the metrics in this section for
students from Pennsylvania high schools with low college
matriculation rates.
(l) Dissolution and reconstitution.--
(1) Upon transmittal of the report under subsection (i)
(4), the council shall dissolve until reconstituted under
paragraph (2).
(2) The board shall reconstitute the council every five
years to reevaluate the performance metrics utilized for the
distribution of funds to State-related universities.
Section 2033-L. Public institution of higher education
reporting.
(a) Requirements.--Notwithstanding any other provision of
law, the following information shall be reported to the
department by public institutions of higher education:
(1) Student enrollment, including in-State and out-of-
State students, disaggregated by demographics, enrollment
status and degree type and level.
(2) Students reaching 30, 60, 90 and 120 credit hour
thresholds.
(3) Students completing credentials, including
credentials aligned to high-priority occupations.
(4) Students included in priority populations, including
low-income students, underrepresented minority students and
academically unprepared students.
(5) Any other data required by the department, including
data related to the metrics under section 2032-L.
(b) Transmittal.--A public institution of higher education
shall report information required under this section to the
department in a manner and form prescribed by the department.
(c) Submission.--The system may submit the information
required under this section on behalf of the State-owned
universities.
(d) Exclusion.--The provisions of section 118 shall not
apply to any data required under this section.
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(e) Data sharing.--The department may share data collected
under this section with the board and the council.
(f) Definition.--As used in this section, the term "student"
means an individual who attends an institution of higher
education, whether enrolled on a full-time, part-time, degree-
seeking, non-degree-seeking, credit or noncredit basis.
Section 2. This act shall take effect immediately.
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