1Amending Title 24 (Education) of the Pennsylvania Consolidated
2Statutes, <-in private colleges, universities and seminaries, 
3further providing for certification of institutions; and 
4providing for change of designation to university <-and for 
5change of designation to college.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 24<- of the Pennsylvania Consolidated
9Statutes is amended by adding a section to read:

10Section 1. Section 6503(e.1) of Title 24 of the Pennsylvania<-
11Consolidated Statutes is amended to read:

12§ 6503. Certification of institutions.

13* * *

14(e.1) Additional degrees, programs or majors.--Subject to
15the authority of the State board to regulate teacher education
16programs under section 2603-B of the act of March 10, 1949
17(P.L.30, No.14), known as the Public School Code of 1949, and
18the authority of the department to regulate teacher education
19programs under 22 Pa. Code Ch. 49 (relating to certification of

1professional personnel), a private, nonprofit college or
2university or seminary may offer an additional degree that is
3not specified in a certificate received under subsection (a) or
4may institute an additional major or program if either of the
5following applies:

6(1) The college [or], university or seminary satisfies
7both of the following:

8(i) The college [or], university or seminary has
9operated continuously in this Commonwealth for the
10immediately preceding ten years.

11(ii) The college [or], university or seminary is
12accredited by a regional accrediting agency recognized by
13the United States Department of Education.

14(2) The department approves the additional degree, major
15or program pursuant to the procedure for issuing a
16certificate provided in subsection (e).

17* * *

18Section 2. Title 24 is amended by adding sections to read:

19§ 6503.1. Change of designation to university.

20(a) General rule.--Notwithstanding the provisions of this
21chapter or other law or regulation to the contrary, a private
22nonprofit institution, as defined under section 501(c)(3) of the
23Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
24501(c)(3)), holding a certificate of authority that authorizes
25the conferral, at a minimum, of bachelor's degrees or graduate
26degrees and using the designation of "college" may, on and after
27the effective date of this subsection, use the designation of
28"university" if the institution submits a notarized affidavit to 
29the department stating:

30(1) As of the date of the affidavit the institution

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

4(2) The institution's commitment to meet any additional
5unit or other requirement necessary to achieve full
6compliance with the definition contained in this section
7within a five-year period.

8(3) If the institution cannot satisfy the provisions of
9paragraphs (1) and (2), in lieu thereof, that the institution
10fulfills one of the three units necessary for the institution
11to be designated as a university as defined in this section
12and the institution provides a specialized type of
13educational program that would be enhanced by having the
14designation of "university."

15(4) That the institution has been in continuous
16operation in this Commonwealth for the ten years preceding
17the date of the notarized affidavit.

18(5) That during the preceding ten years, the institution
19has maintained accreditation by the Middle States Commission
20on Higher Education or another regional accrediting body
21recognized by the United States Department of Education.

22(6) That the accreditation status of the institution is
23in good standing and is in compliance with all standards
24imposed by the Middle States Commission on Higher Education
25or other regional accrediting body, including, but not
26limited to, periodic reviews and evaluations.

27(7) The intended effective date of the change in
28designation.

29(8) That the institution's board of trustees or similar
30governing body has approved the change in designation.

1(b) Documentation.--The institution seeking the change in
2designation shall include any and all documentation necessary to
3verify the representations contained in the notarized affidavit.

4(c) Time period to submit affidavit.--The institution must
5submit the notarized affidavit to the department no later than
690 days before the effective date of the change in designation.
7The notarized affidavit shall be subject to the penalties of 18
8Pa.C.S. § 4904 (relating to unsworn falsification to
9authorities).

10(d) Review by department.--

11(1) The department shall review the affidavit and
12complete its review within 60 days of receipt of the
13affidavit.

14(2) If the affidavit complies with the requirements of
15this section, the department shall accept the affidavit and
16publish the acceptance as a notice in the Pennsylvania
17Bulletin. The notice shall include the effective date of the
18change in designation.

19(3) If the department fails to complete its review of
20the affidavit within the 60-day time period, the affidavit
21shall be deemed accepted and the department shall publish the
22acceptance as a notice in the Pennsylvania Bulletin.

23(4) If the affidavit does not comply with the
24requirements of this section, the department shall reject the
25affidavit for noncompliance by returning the affidavit to the
26institution, together with any documentation submitted, and
27shall state the basis for the rejection.

28(5) An institution which receives a rejection of its
29affidavit may submit a corrected or new affidavit for review
30and acceptance by the department at any time.

1(e) Five-year plan.--

2(1) Within 90 days of the effective date of the change
3in designation, the institution must submit to the department
4a five-year plan to fulfill any additional unit or other
5requirement needed for compliance with the definition of
6"university."

7(2) Failure of the institution to complete the plan
8within five years from the effective date of the change in
9designation shall result in the institution losing its
10university status. The department may extend the time,
11provided that the institution demonstrates progress toward
12fulfillment of the plan.

13(f) Definitions.--The following words and phrases when used
14in this section shall have the meanings given to them in this
15subsection unless the context clearly indicates otherwise:

16"Institution." An institution of higher education in this
17Commonwealth.

18"University." A multiunit institution with a complex
19structure and diverse educational functions, including
20instruction, promotion of scholarship, preservation and
21discovery of knowledge, research and service, that:

22(1) Consists of a minimum of three units, except as
23provided in subsection (a)(3), as follows:

24(i) The first unit provides for at least one major
25in both the arts and sciences at the undergraduate level.

26(ii) The second unit provides for advanced degree
27programs in the arts and sciences with at least one major
28in both the arts and sciences at the undergraduate level.

29(iii) The third unit provides for any combination of
30at least five advanced degrees or professional programs

1at the graduate level.

2(2) Has a foundation in the arts and sciences which is
3instilled in the philosophy and implementation of the
4institution's education curriculum.

5(3) Provides access to cultural facilities and
6opportunities to the community and utilizes similar assets of
7the community.

<-8Section 6507.1. Change of designation to college.

9Notwithstanding the provisions of this chapter or any other
10law or regulation to the contrary, a private nonprofit
11institution, as defined under section 501(c)(3) of the Internal
12Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)),
13holding a certificate of authority that authorizes the
14conferral, at a minimum, of associate degrees in specialized
15technology, holding accreditation from the Accrediting
16Commission of Career Schools and Colleges and using the
17designation of "trade school," may, on and after the effective
18date of this section, use the designation of "college."

19Section <-2 3. This act shall take effect immediately.