AN ACT

 

1Amending Title 24 (Education) of the Pennsylvania Consolidated
2Statutes, providing for change of designation to university.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Title 24 of the Pennsylvania Consolidated
6Statutes is amended by adding a section to read:

7§ 6503.1. Change of designation to university.

8(a) General rule.--Notwithstanding the provisions of this
9chapter or other law or regulation to the contrary, a private
10nonprofit institution, as defined under section 501(c)(3) of the
11Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
12501(c)(3)), holding a certificate of authority that authorizes
13the conferral, at a minimum, of bachelor's degrees <-or graduate 
14degrees and using the designation of "college" may, on and after
15the effective date of this subsection, use the designation of
16"university" if the institution submits a notarized affidavit to 
17the department stating:

1(1) As of the date of the affidavit the institution
2fulfills at least two of the three units necessary for an
3institution to be designated as a university, as defined in
4this section.

5(2) The institution's commitment to meet any additional
6unit or other requirement necessary to achieve full
7compliance with the definition contained in this section
8within a five-year period.

<-9(3) If the institution cannot satisfy the provisions of
10paragraphs (1) and (2), in lieu thereof, that the institution
11fulfills one of the three units necessary for the institution
12to be designated as a university as defined in this section
13and the institution provides a specialized type of
14educational program that would be enhanced by having the
15designation of "university."

<-16(3) (4) That the institution has been in continuous
17operation in this Commonwealth for the ten years preceding
18the date of the notarized affidavit.

<-19(4) (5) That during the preceding ten years, the
20institution has maintained accreditation by the Middle States
21Commission on Higher Education or another regional
22accrediting body recognized by the United States Department
23of Education.

<-24(5) (6) That the accreditation status of the institution
25is in good standing and is in compliance with all standards
26imposed by the Middle States Commission on Higher Education
27or other regional accrediting body, including, but not
28limited to, periodic reviews and evaluations.

<-29(6) (7) The intended effective date of the change in
30designation.

<-1(7) (8) That the institution's board of trustees or
2similar governing body has approved the change in
3designation.

4(b) Documentation.--The institution seeking the change in
5designation shall include any and all documentation necessary to
6verify the representations contained in the notarized affidavit.

7(c) Time period to submit affidavit.--The institution must
8submit the notarized affidavit to the department no later than
990 days before the effective date of the change in designation.
10The notarized affidavit shall be subject to the penalties of 18
11Pa.C.S. § 4904 (relating to unsworn falsification to
12authorities).

13(d) Review by department.--

14(1) The department shall review the affidavit and
15complete its review within 60 days of receipt of the
16affidavit.

17(2) If the affidavit complies with the requirements of
18this section, the department shall accept the affidavit and
19publish the acceptance as a notice in the Pennsylvania
20Bulletin. The notice shall include the effective date of the
21change in designation.

22(3) If the department fails to complete its review of
23the affidavit within the 60-day time period, the affidavit
24shall be deemed accepted and the department shall publish the
25acceptance as a notice in the Pennsylvania Bulletin.

26(4) If the affidavit does not comply with the
27requirements of this section, the department shall reject the
28affidavit for noncompliance by returning the affidavit to the
29institution, together with any documentation submitted, and
30shall state the basis for the rejection.

1(5) An institution which receives a rejection of its
2affidavit may submit a corrected or new affidavit for review
3and acceptance by the department at any time.

4(e) Five-year plan.--

5(1) Within 90 days of the effective date of the change
6in designation, the institution must submit to the department
7a five-year plan to fulfill any additional unit or other
8requirement needed for compliance with the definition of
9"university."

10(2) Failure of the institution to complete the plan
11within five years from the effective date of the change in
12designation shall result in the institution losing its
13university status. The department may extend the time,
14provided that the institution demonstrates progress toward
15fulfillment of the plan.

16(f) Definitions.--The following words and phrases when used
17in this section shall have the meanings given to them in this
18subsection unless the context clearly indicates otherwise:

19"Institution." An institution of higher education in this
20Commonwealth.

21"University." A multiunit institution with a complex
22structure and diverse educational functions, including
23instruction, promotion of scholarship, preservation and
24discovery of knowledge, research and service, that:

25(1) Consists of a minimum of three units<-, except as 
26provided in subsection (a)(3), as follows:

27(i) The first unit provides for at least one major
28in both the arts and sciences at the undergraduate level.

29(ii) The second unit provides for advanced degree
30programs in the arts and sciences with at least one major

1in both the arts and sciences at the undergraduate level.

2(iii) The third unit provides for any combination of
3at least five advanced degrees or professional programs
4at the graduate level.

5(2) Has a foundation in the arts and sciences which is
6instilled in the philosophy and implementation of the
<-7undergraduate and graduate institution's education
8curriculum.

9(3) Provides access to cultural facilities and
10opportunities to the community and utilizes similar assets of
11the community.

12Section 2. This act shall take effect immediately.