THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BRUBAKER, PICCOLA, PILEGGI, HUGHES, FOLMER, RAFFERTY, EICHELBERGER, ALLOWAY, WAUGH, YUDICHAK, ERICKSON, D. WHITE, YAW AND EARLL, MARCH 31, 2011

REFERRED TO EDUCATION, MARCH 31, 2011  

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 grounds and buildings, further

providing for administration.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 731 of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949, amended June

27, 1973 (P.L.75, No.34), is amended to read:

Section 731.  Approval by Department of Plans, etc., of

Buildings; Exceptions.--(a)  The Department of Education, with

respect to construction or reconstruction of public school

buildings, shall have the power and its duties shall be:

(1)  To review all projects, plans and specifications for

school building construction or reconstruction, and to make

recommendations thereon to the General Assembly and the

Governor;

(2)  To assist school districts in preplanning construction

and reconstruction projects, and offer such architectural,

engineering and financial advice as will enable the project to

comply with the standards prescribed by the State Board of

Education;

(3)  To hold hearings on any or all projects and subpoena

witnesses, administer oaths, take testimony and compel the

production of documents relevant to any investigation;

(4)  To act as liaison between the public, local school

officials, the General Assembly, and the Governor on school

building construction and reconstruction projects;

(5)  To receive and investigate complaints from the public or

other source concerning any school building construction or

reconstruction project;

(6)  To conduct investigations on any phase of school

building construction or reconstruction projects.

(7)  To, in conjunction with the State Board of Education, do

all of the following:

(i)  Conduct a review of the process by which the department

is meeting the requirements of this section.

(ii)  Make recommendations to:

(A)  eliminate the backlog waiting for review;

(B)  increase efficiency of the process; and

(C)  ensure ease of compliance with the requirements for

those entities that must comply with them.

(iii)  Promulgate temporary regulations to implement the

recommendations under subparagraph (ii). Regulations under this

subparagraph are subject to all of the following:

(A)  The regulations shall be exempt from:

(I)  sections 201, 202 and 203 of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law; and

(II)  the act of June 25, 1982 (P.L.633, No.181), known as

the "Regulatory Review Act."

(B)  The regulations shall expire on the earlier of:

(I)  the effective date of regulations under subparagraph

(iv); or

(II)  eighteen months from the effective date of this

paragraph.

(iv)  Promulgate regulations to implement recommendations

under subparagraph (ii).

(b)  The Department of Education shall employ engineers,

architects, financial advisors, and such other staff personnel

as may be necessary for the proper performance of the duties of

the Department with respect to construction or reconstruction of

public school buildings.

(c)  No public school building shall be contracted for,

constructed, or reconstructed, in any school district of the

second, third, or fourth class until the plans and

specifications therefor have been approved by the Department of

Education.

(d)  When ordinary repairs are proposed, such as plastering,

painting, replacement of floors, improvement of school grounds,

repairing or providing walks, roadways or retaining walls, the

cost of which in districts of the second class or in districts

of the third and fourth class will not exceed fifteen thousand

dollars ($15,000) per building, no approval shall be required.

Where any structural change is involved, such as moving or

adding doors, windows, partitions, making additions or any

excavations, or any work which may affect the safety or health

of the pupils, or any work which comes under the jurisdiction of

another department of the Commonwealth, approval of the

Department of Education shall be required regardless of the cost

of such structural change.

(e)  No school building shall be purchased by any school

district until such purchase shall have been approved by the

Department of Education. Such approval shall not be given unless

the school building to be purchased and any approved structural

changes or renovations meet the standards required to operate

public school buildings of a similar age currently in use in the

Commonwealth.

Section 2.  This act shall take effect immediately.