SENATE AMENDED
        PRIOR PRINTER'S NOS. 1362, 3332               PRINTER'S NO. 3816

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1245 Session of 1993


        INTRODUCED BY LESCOVITZ, PISTELLA, BATTISTO, D. W. SNYDER AND
           MERRY, APRIL 19, 1993

        SENATOR RHOADES, EDUCATION, IN SENATE, AS AMENDED, JUNE 7, 1994

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," further providing for the retention
     6     of records and for loans of certain equipment relating to
     7     nonpublic school children; and providing for access to         <--
     8     personnel files by boards of school directors; AND RENAMING    <--
     9     THE THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY TO THE
    10     THADDEUS STEVENS STATE COLLEGE OF TECHNOLOGY.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 518 of the act of March 10, 1949 (P.L.30,
    14  No.14), known as the Public School Code of 1949, amended June
    15  17, 1982 (P.L.525, No.149), is amended to read:
    16     Section 518.  Retention of Records.--Every board of school
    17  directors shall retain as a permanent record of the district,
    18  the minute book, each annual auditor's report, and each annual
    19  financial report. All other financial records of the district,
    20  including financial account books, orders, bills, contracts,
    21  invoices, receipts, and purchase orders shall be retained by the

     1  district for a period of not less than six years. Records may be
     2  retained as [photographed, microphotographed or microfilmed
     3  copies] recorded or copied in accordance with the act of January
     4  18, 1968 (1967 P.L.961, No.428), known as the "Municipal Records
     5  Act."
     6     Section 2.  The act is amended by adding a section to read:
     7     Section 528.  Access to Personnel Files.--The board of school
     8  directors shall at all times have right of access to the
     9  personnel files of all school district employes.
    10     Section 3.  The definitions of "instructional equipment" and
    11  "textbooks" in section 923-A(b) of the act, amended or added
    12  July 12, 1972 (P.L.863, No.195) and July 18, 1974 (P.L.475,
    13  No.169), are amended to read:
    14     Section 923-A.  Loan of Textbooks, Instructional Materials
    15  and Equipment, Nonpublic School Children.--* * *
    16     (b)  Definitions. The following terms, whenever used or
    17  referred to in this section, shall have the following meanings,
    18  except in those circumstances where the context clearly
    19  indicates otherwise:
    20     "Instructional equipment" means instructional equipment,
    21  other than fixtures annexed to and forming part of the real
    22  estate, which is suitable for and to be used by children and/or
    23  teachers. The term includes but is not limited to projection
    24  equipment, recording equipment, satellite dishes and all
    25  essential components for the reception and telecast of satellite
    26  transmission, laboratory equipment, and any other educational
    27  secular, neutral, non-ideological equipment as may be of benefit
    28  to the instruction of nonpublic school children and are
    29  presently or hereafter provided for public school children of
    30  the Commonwealth.
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     1     * * *
     2     "Textbooks" means books, workbooks, including reusable and
     3  non-reusable workbooks, satellite dishes and all essential
     4  components for the reception and telecast of satellite
     5  transmission, and manuals, whether bound or in looseleaf form,
     6  intended for use as a principal source of study material for a
     7  given class or group of students, a copy of which is expected to
     8  be available for the individual use of each pupil in such class
     9  or group. Such textbooks shall be textbooks which are acceptable
    10  for use in any public, elementary, or secondary school of the
    11  Commonwealth.
    12     * * *
    13     SECTION 4.  SECTIONS 1902-B, 1903-B, 1904-B, 1906-B, 1907-B,   <--
    14  1910-B, 1911-B, 1912-B AND 1913-B OF THE ACT, ADDED DECEMBER 19,
    15  1990 (P.L.1362, NO.211), ARE AMENDED TO READ:
    16     SECTION 1902-B.  LEGISLATIVE INTENT.--IT IS THE INTENT OF THE
    17  GENERAL ASSEMBLY TO PROVIDE FOR THE CONTINUED EXISTENCE,
    18  OPERATION AND ADMINISTRATION OF THE THADDEUS STEVENS STATE
    19  [SCHOOL] COLLEGE OF TECHNOLOGY.
    20     SECTION 1903-B.  AUTHORIZATION TO CONTINUE SCHOOL
    21  OPERATIONS.--THE INSTITUTION KNOWN AS THE THADDEUS STEVENS STATE
    22  [SCHOOL] COLLEGE OF TECHNOLOGY, ESTABLISHED AND OPERATED
    23  PURSUANT TO THE REPEALED PROVISIONS OF THE ACT OF MAY 11, 1905
    24  (P.L.518, NO.429), IS HEREBY AUTHORIZED TO CONTINUE OPERATIONS
    25  AND TO RECEIVE ANY STATE FUNDS OR AID TO WHICH IT MAY BE
    26  ENTITLED. ALL LAWFUL ACTIONS AND EXPENDITURES MADE BY SAID
    27  INSTITUTION BETWEEN OCTOBER 4, 1978, AND THE EFFECTIVE DATE OF
    28  THIS ACT ARE HEREBY RATIFIED AND APPROVED BY THE GENERAL
    29  ASSEMBLY.
    30     SECTION 1904-B.  SCHOOL PURPOSES.--(A)  THE THADDEUS STEVENS
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     1  STATE [SCHOOL] COLLEGE OF TECHNOLOGY, LOCATED IN LANCASTER,
     2  PENNSYLVANIA, SHALL CONTINUE TO PROVIDE FOR THE POSTSECONDARY
     3  EDUCATION AND TRAINING OF INDIGENT ORPHANS.
     4     (B)  IF A SUFFICIENT NUMBER OF INDIGENT ORPHANS QUALIFIED FOR
     5  ADMISSION PURSUANT TO SCHOOL STANDARDS FAIL TO APPLY, THEN THE
     6  BOARD OF TRUSTEES OF THIS CORPORATION MAY ADMIT FIRST OTHER
     7  DESERVING PERSONS AND, THEREAFTER, ORPHANS WHO MAY NOT BE
     8  INDIGENT, AS THE TRUSTEES IN THEIR BEST JUDGMENT MAY THINK
     9  PROPER.
    10     (C)  THOSE SHALL BE DEEMED ORPHANS WHO HAVE LOST EITHER
    11  PARENT.
    12     SECTION 1906-B.  BOARD OF TRUSTEES.--THE BOARD OF TRUSTEES
    13  SHALL CONSIST OF NINE MEMBERS, WHO SHALL SERVE WITHOUT
    14  COMPENSATION AND BE APPOINTED BY THE GOVERNOR BY AND WITH THE
    15  ADVICE AND CONSENT OF THE SENATE. SAID TRUSTEES SHALL BE A BODY
    16  POLITIC OR CORPORATE OF THE NAME OF THE THADDEUS STEVENS STATE
    17  [SCHOOL] COLLEGE OF TECHNOLOGY. THEY SHALL, UNDER SECTION 1311
    18  OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS "THE
    19  ADMINISTRATIVE CODE OF 1929," HAVE GENERAL DIRECTION AND CONTROL
    20  OF THE PROPERTY AND MANAGEMENT OF THE INSTITUTION, DEVELOP BROAD
    21  INSTITUTIONAL POLICY AND MAKE ALL NECESSARY BYLAWS AND
    22  REGULATIONS, NOT INCONSISTENT WITH EITHER THE PROVISIONS OF THE
    23  CONSTITUTION, LAWS OF THE COMMONWEALTH OR RULES AND REGULATIONS
    24  OF THE STATE BOARD OF EDUCATION. OF THE TRUSTEES FIRST
    25  APPOINTED, THREE SHALL SERVE FOR ONE YEAR, THREE FOR TWO YEARS
    26  AND THREE FOR THREE YEARS, AND, AT THE EXPIRATION OF THE
    27  RESPECTIVE PERIODS, THE VACANCIES SHALL BE FILLED BY THE
    28  GOVERNOR, BY APPOINTMENT, FOR THREE YEARS, AS HEREINBEFORE
    29  PROVIDED; AND, SHOULD ANY VACANCY OCCUR BY DEATH OR RESIGNATION
    30  OR OTHERWISE OF ANY TRUSTEE, SUCH VACANCY SHALL BE FILLED, BY
    19930H1245B3816                  - 4 -

     1  APPOINTMENT AS AFORESAID, FOR THE UNEXPIRED TERM OF SAID
     2  TRUSTEE. THE SECRETARY OF EDUCATION SHALL BE EX OFFICIO MEMBER
     3  OF THE BOARD OF TRUSTEES.
     4     SECTION 1907-B.  PRESIDENT OF SCHOOL.--THE CHIEF
     5  ADMINISTRATOR AND ACADEMIC OFFICER OF THE THADDEUS STEVENS STATE
     6  [SCHOOL] COLLEGE OF TECHNOLOGY SHALL BE THE PRESIDENT WHOSE
     7  DUTIES SHALL BE DEFINED BY THE BOARD OF TRUSTEES AND APPROVED BY
     8  THE SECRETARY OF EDUCATION.
     9     SECTION 1910-B.  RIGHTS OF FACULTY AND STAFF.--EXCEPT AS
    10  OTHERWISE PROVIDED BY LAW, FACULTY EMPLOYED IN THE THADDEUS
    11  STEVENS STATE [SCHOOL] COLLEGE OF TECHNOLOGY SHALL CONTINUE TO
    12  ENJOY THE SAME RIGHTS AND PRIVILEGES AS PROVIDED ON JUNE 30,
    13  1990. NOTHING CONTAINED HEREIN SHALL SUPERSEDE OR PREEMPT ANY
    14  PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED
    15  BETWEEN THE COMMONWEALTH AND AN EXCLUSIVE REPRESENTATIVE OF THE
    16  EMPLOYES IN ACCORDANCE WITH THE ACT OF JULY 23, 1970 (P.L.563,
    17  NO.195), KNOWN AS THE "PUBLIC EMPLOYE RELATIONS ACT." IN NO
    18  EVENT SHALL THE FACULTY BE CONSIDERED TO BE IN THE CLASSIFIED
    19  SERVICE, AS DEFINED BY THE ACT OF AUGUST 5, 1941 (P.L.752,
    20  NO.286), KNOWN AS THE "CIVIL SERVICE ACT."
    21     SECTION 1911-B.  VISITATION PRIVILEGES.--THE GOVERNOR,
    22  SECRETARY OF EDUCATION, JUDGES OF THE SEVERAL COURTS OF THE
    23  COMMONWEALTH AND SENATORS AND REPRESENTATIVES OF THE GENERAL
    24  ASSEMBLY SHALL BE EX OFFICIO VISITORS OF SAID INSTITUTION, AND
    25  IT SHALL BE SUBJECT TO INSPECTION BY THE DEPARTMENT OF
    26  EDUCATION, AND AN ANNUAL REPORT OF THE CONDUCT AND MANAGEMENT OF
    27  THE SCHOOL SHALL BE MADE BY THE PRESIDENT OF THE THADDEUS
    28  STEVENS STATE [SCHOOL] COLLEGE OF TECHNOLOGY TO THE GENERAL
    29  ASSEMBLY AND THE SECRETARY OF EDUCATION.
    30     SECTION 1912-B.  PRIOR REFERENCES.--WHENEVER, IN ANY LAW,
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     1  REFERENCE IS MADE TO THE THADDEUS STEVENS INDUSTRIAL AND REFORM
     2  SCHOOL OF PENNSYLVANIA OR THE THADDEUS STEVENS TRADE SCHOOL, IT
     3  SHALL BE DEEMED TO REFER TO AND INCLUDE THE THADDEUS STEVENS
     4  STATE [SCHOOL] COLLEGE OF TECHNOLOGY.
     5     SECTION 1913-B.  ACQUISITION AND DISPOSITION OF PROPERTY.--
     6  THE TRUSTEES OF THADDEUS STEVENS STATE [SCHOOL] COLLEGE OF
     7  TECHNOLOGY SHALL HAVE THE AUTHORITY TO ACQUIRE AND RETAIN ANY
     8  PROPERTY, REAL, PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE,
     9  NECESSARY OR DESIRABLE FOR CARRYING OUT THE PURPOSES OF THE
    10  SCHOOL, AND TO SELL, TRANSFER AND DISPOSE OF ANY PROPERTY, REAL,
    11  PERSONAL OR MIXED, TANGIBLE OR INTANGIBLE, OR ANY INTEREST
    12  THEREIN AT ANY TIME ACQUIRED BY IT AND TO TAKE, DEMAND, RECEIVE
    13  AND POSSESS ALL MONEYS, REAL PROPERTY AND GOODS WHICH SHALL BE
    14  APPROPRIATED, GIVEN OR GRANTED TO AND FOR THE USE OF THE SCHOOL
    15  AND TO APPLY THE SAME ACCORDING TO THE WILL OF THE DONORS; AND,
    16  BY GIFT, PURCHASE OR DEVISE, TO RECEIVE, POSSESS, ENJOY AND
    17  RETAIN FOREVER ANY AND ALL REAL AND PERSONAL ESTATE AND FUNDS,
    18  OF WHATSOEVER KIND, NATURE OR QUALITY THE SAME MAY BE, IN
    19  SPECIAL TRUST AND CONFIDENCE THAT THE SAME, AND THE PROFITS
    20  THEREOF, SHALL BE APPLIED TO AND FOR THE USE AND PURPOSE OF
    21  ENDOWING THE SCHOOL, AND SHALL HAVE POWER TO RECEIVE DONATIONS
    22  FROM ANY SOURCE WHATEVER, TO BE EXCLUSIVELY DEVOTED TO THE
    23  PURPOSES OF THE SCHOOL OR ACCORDING TO THE TERMS OF DONATION.
    24     Section 4 5.  This act shall take effect immediately.          <--




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