AN ACT

 

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. Section 6503(e.1) of Title 24 of the Pennsylvania
9Consolidated Statutes is amended to read:

10§ 6503. Certification of institutions.

11* * *

12(e.1) Additional degrees, programs or majors.--Subject to
13the authority of the State board to regulate teacher education
14programs under section 2603-B of the act of March 10, 1949
15(P.L.30, No.14), known as the Public School Code of 1949, and
16the authority of the department to regulate teacher education
17programs under 22 Pa. Code Ch. 49 (relating to certification of
18professional personnel), a private, nonprofit college or

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

5(1) The college [or], university or seminary satisfies
6both of the following:

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

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

13(2) The department approves the additional degree, major
14or program pursuant to the procedure for issuing a
15certificate provided in subsection (e).

16* * *

17Section 2. Title 24 is amended by adding sections to read:

18§ 6503.1. Change of designation to university.

19(a) General rule.--Notwithstanding the provisions of this
20chapter or other law or regulation to the contrary, a private
21nonprofit institution, as defined under section 501(c)(3) of the
22Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
23501(c)(3)), holding a certificate of authority that authorizes
24the conferral, at a minimum, of bachelor's degrees or graduate
25degrees and using the designation of "college" may, on and after
26the effective date of this subsection, use the designation of
27"university" if the institution submits a <-notarized affidavit
<-28letter from the president of the institution to the department
29stating:

30(1) As of the date of the affidavit <-letter the

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

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
12subsection (f) and the institution provides a specialized<-
<-13type of medical educational program that would be enhanced by
14having the designation 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 <-letter.

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
4letter from the president of the institution.<-

5(c) Time period to submit <-affidavit letter.--The institution
6must submit the <-notarized affidavit letter from the president of
7the institution to the department no later than 90 days before
8the effective date of the change in designation. <-The notarized
9affidavit shall be subject to the penalties of 18 Pa.C.S. § 4904
10(relating to unsworn falsification to authorities).

11(d) Review by department.--

12(1) The department shall review the <-affidavit letter
13from the president of the institution and complete its review
14within 60 days of receipt of the <-affidavit letter.

15(2) If the <-affidavit letter complies with the
16requirements of this section, the department shall accept the
17affidavit <-letter and publish the acceptance as a notice in
18the Pennsylvania Bulletin. The notice shall include the
19effective date of the change in designation.

20(3) If the department fails to complete its review of
21the <-affidavit letter within the 60-day time period, the
22affidavit <-letter shall be deemed accepted and the department
23shall publish the acceptance as a notice in the Pennsylvania
24Bulletin.

25(4) If the <-affidavit letter does not comply with the
26requirements of this section, the department shall reject the
27affidavit letter for noncompliance by returning the <-affidavit
<-28letter to the institution, together with any documentation
29submitted, and shall state the basis for the rejection.

30(5) An institution which receives a rejection of its

1affidavit letter may submit a corrected or new <-affidavit
<-2letter for review and acceptance by the department at any
3time.

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." "university" in subsection (f).

10(2) Failure of the institution to <-complete fulfill the
11plan within five years from the effective date of the change
12in designation shall result in the institution losing its
13university status. The department may extend the time <-alloted
14to the institution to fulfill the plan, provided that the
15institution demonstrates progress toward fulfillment of the
16plan.

17(f) Definitions.--The following words and phrases when used
18in this section shall have the meanings given to them in this
19subsection unless the context clearly indicates otherwise:

20"Institution." An institution of higher education in this
21Commonwealth.

22"University." A multiunit institution with a complex
23structure and diverse educational functions, including
24instruction, promotion of scholarship, preservation and
25discovery of knowledge, research and service, that:

26(1) Consists of a minimum of three units, except as
27provided in subsection <-(a)(3) (a), as follows:

28(i) The first unit provides for at least one major
29in both the arts and sciences at the undergraduate level.

30(ii) The second unit provides for advanced degree

1programs in the arts and sciences with at least one major
2in both the arts and sciences at the undergraduate level.

3(iii) The third unit provides for any combination of
4at least five advanced degrees or professional programs
5at the graduate level.

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

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

12Section 6507.1. Change of designation to college.

13Notwithstanding the provisions of this chapter or any other
14law or regulation to the contrary, a private nonprofit
15institution, as defined under section 501(c)(3) of the Internal
16Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)),
<-17holding a certificate of authority that authorizes the
18conferral, at a minimum, of associate degrees in specialized
19technology, holding accreditation from the Accrediting
20Commission of Career Schools and Colleges and using the
21designation of "trade school," that is authorized, at a minimum,
22to award associate degrees in specialized technology or
23associate degrees in specialized business and holds
24accreditation from an accrediting body recognized by the United
25States Department of Education may, on and after the effective
26date of this section, use the designation of "college."

27Section 3. This act shall take effect immediately.