Trial Engrossment of Amendment A03223 to Senate Bill 0456 P.N. 1056, Regular Session 2019-2020

A03223

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

456

Session of

2019

INTRODUCED BY BARTOLOTTA, BREWSTER, FONTANA, VOGEL AND REGAN,

MARCH 19, 2019

AS AMENDED ON THIRD CONSIDERATION, JUNE 24, 2019

AN ACT

Amending the act of December 15, 1986 (P.L.1585, No.174),

entitled "An act defining and providing for the licensing and

regulation of private schools; establishing the State Board

of Private Licensed Schools; imposing penalties; and making

repeals," further providing for definitions and for license

fees and providing for multibranch training schools., FOR

STATE BOARD OF PRIVATE LICENSED SCHOOLS, FOR POWERS AND

DUTIES OF BOARD, FOR APPLICATION FOR LICENSE, FOR LICENSE

FEES AND FOR REQUIREMENTS FOR LICENSURE AND OPERATION;

PROVIDING FOR MULTIBRANCH TRAINING SCHOOLS AND FOR

INSTITUTIONAL GRANTS AUTHORITY; FURTHER PROVIDING FOR

PROMULGATION OF RULES; AND REPEALING PROVISIONS RELATING TO

EXISTING LICENSES TO REMAIN IN FORCE AND TRANSFER OF

PERSONNEL, ETC.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "multibranch training school"

in section 2 of the act of December 15, 1986 (P.L.1585, No.174),

known as the Private Licensed Schools Act, is amended to read:

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Multibranch training school." A business corporation

licensed to do business in Pennsylvania having more than one

branch facility at which instruction is offered to the general

public for a fee. A branch facility shall mean a facility of a

licensed school when all of the following occur:

(1) The facility has the same ownership, management or

control as that of the licensed school.

(2) The curriculum offered at such facility is

substantially the same as the curriculum offered at the

licensed school.

(3) The number of tuition-paid students enrolled at each

such facility does not exceed 50 per class.

(4) The facility is [located within the same county and

is] administratively an integral part of the licensed school.

No additional license fees or bond shall be required of any

such facility, provided that the physical plant of each such

facility is approved by the board.

* * *

Section 2. Section 10(b) of the act is amended to read:

Section 10. License fees.

* * *

(b) Multibranch training school fee.--A multibranch training

school shall pay the same fees set forth in subsection (a),

except that such school shall be required to pay only one fee

for any and all branch training schools [located in one county].

* * *

Section 3. The act is amended by adding a section to read:

SECTION 1. THE DEFINITIONS OF "ADEQUATE CORRECTION SERVICE,"

"MULTIBRANCH TRAINING SCHOOL" AND "PRIVATE LICENSED SCHOOL" IN

SECTION 2 OF THE ACT OF DECEMBER 15, 1986 (P.L.1585, NO.174),

A03223 - 2 -

KNOWN AS THE PRIVATE LICENSED SCHOOLS ACT, ARE AMENDED AND THE

SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:

SECTION 2. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL

HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

["ADEQUATE CORRECTION SERVICE." THE PROPER RECEIPT AND

PROMPT CORRECTION OF ALL HOME-STUDY TESTS AND MATERIALS, WITH

APPROPRIATE WRITTEN COMMENTS AND SUGGESTIONS FOR CORRECTION OF

ERRORS AND APPARENT WEAKNESSES, AND THE PROMPT RETURN OF THE

CORRECTED MATERIALS TO STUDENTS CONCERNED.]

* * *

"BRANCH FACILITY." A FACILITY OF A PRIVATE LICENSED SCHOOL

WHEN ALL OF THE FOLLOWING OCCUR:

(1) THE FACILITY HAS THE SAME OWNERSHIP, MANAGEMENT OR

CONTROL AS THAT OF THE PRIVATE LICENSED SCHOOL.

(2) THE CURRICULUM OFFERED AT THE FACILITY IS

SUBSTANTIALLY THE SAME AS THE CURRICULUM OFFERED AT THE

PRIVATE LICENSED SCHOOL.

(3) THE NUMBER OF TUITION-PAID STUDENTS ENROLLED AT EACH

FACILITY DOES NOT EXCEED 50 PER CLASS.

(4) THE FACILITY IS ADMINISTRATIVELY AN INTEGRAL PART OF

THE PRIVATE LICENSED SCHOOL.

* * *

"DISTANCE EDUCATION." INSTRUCTION OFFERED BY ANY MEANS WHERE

THE STUDENT AND FACULTY MEMBER ARE IN SEPARATE PHYSICAL

LOCATIONS SO THAT IN-PERSON COMMUNICATION IS ABSENT AND

COMMUNICATION IS ACCOMPLISHED INSTEAD BY ONE OR MORE

TECHNOLOGICAL MEDIA. THE TERM INCLUDES, BUT IS NOT LIMITED TO,

REAL-TIME OR DELAYED INTERACTION USING VOICE, VIDEO, DATA OR

A03223 - 3 -

TEXT, INCLUDING INSTRUCTION PROVIDED ONLINE, VIA CORRESPONDENCE

OR VIA INTERACTIVE VIDEO. INSTRUCTION PROVIDED VIA SYNCHRONOUS

VIDEO FROM AN INSTITUTION IN THIS COMMONWEALTH TO ADDITIONAL

CAMPUS SITES OF THE SAME INSTITUTION IN THIS COMMONWEALTH IS NOT

CONSIDERED DISTANCE EDUCATION. THE TERM DOES NOT INCLUDE

INDEPENDENT STUDY OR INSTRUCTION WHICH IS NOT INSTRUCTOR LED.

* * *

"MULTIBRANCH TRAINING SCHOOL." A [BUSINESS CORPORATION]

SCHOOL LICENSED TO DO BUSINESS IN PENNSYLVANIA HAVING [MORE

THAN] AT LEAST ONE BRANCH FACILITY AT WHICH INSTRUCTION IS

OFFERED TO THE GENERAL PUBLIC FOR A FEE. [A BRANCH FACILITY

SHALL MEAN A FACILITY OF A LICENSED SCHOOL WHEN ALL OF THE

FOLLOWING OCCUR:

(1) THE FACILITY HAS THE SAME OWNERSHIP, MANAGEMENT OR

CONTROL AS THAT OF THE LICENSED SCHOOL.

(2) THE CURRICULUM OFFERED AT SUCH FACILITY IS

SUBSTANTIALLY THE SAME AS THE CURRICULUM OFFERED AT THE

LICENSED SCHOOL.

(3) THE NUMBER OF TUITION-PAID STUDENTS ENROLLED AT EACH

SUCH FACILITY DOES NOT EXCEED 50 PER CLASS.

(4) THE FACILITY IS LOCATED WITHIN THE SAME COUNTY AND

IS ADMINISTRATIVELY AN INTEGRAL PART OF THE LICENSED SCHOOL.

NO ADDITIONAL LICENSE FEES OR BOND SHALL BE REQUIRED OF ANY

SUCH FACILITY, PROVIDED THAT THE PHYSICAL PLANT OF EACH SUCH

FACILITY IS APPROVED BY THE BOARD.]

"PRIVATE LICENSED SCHOOL." A SCHOOL OR CLASSES OPERATED FOR

PROFIT OR TUITION THAT PROVIDES RESIDENT INSTRUCTION TO PREPARE

AN INDIVIDUAL TO PURSUE AN OCCUPATION IN THE SKILLED TRADES,

INDUSTRY OR BUSINESS, OR SYSTEMATIC INSTRUCTION BY

[CORRESPONDENCE OR BY TELECOMMUNICATION] DISTANCE EDUCATION IN A

A03223 - 4 -

FIELD OF STUDY. IT SHALL NOT INCLUDE A PRIVATE ACADEMIC SCHOOL

AS DEFINED IN [THE ACT OF JUNE 25, 1947 (P.L.951, NO.401),

ENTITLED, AS AMENDED, "AN ACT DEFINING AND PROVIDING FOR THE

LICENSING AND REGULATION OF PRIVATE ACADEMIC SCHOOLS; CONFERRING

POWERS AND IMPOSING DUTIES ON THE STATE BOARD OF PRIVATE

ACADEMIC SCHOOLS; AND IMPOSING PENALTIES"] SECTION 2 OF THE ACT

OF JANUARY 28, 1988 (P.L.24, NO.11), KNOWN AS THE PRIVATE

ACADEMIC SCHOOLS ACT; A SCHOOL MAINTAINED OR A CLASS CONDUCTED

FOR TRAINING FOR THE VOCATION OF HOMEMAKING OR TO GIVE TRAINING

IN PUBLIC AND OTHER SERVICE OCCUPATIONS; A BARBER SCHOOL; A

SCHOOL OF COSMETOLOGY; A FLIGHT SCHOOL; A PRIVATE TUTORIAL

SCHOOL, INCLUDING, BUT NOT LIMITED TO, A SCHOOL OF MUSIC OR

DANCE; AN INSTITUTION GRANTING A DEGREE OTHER THAN THOSE

APPROVED TO AWARD THE DEGREE OF ASSOCIATE IN SPECIALIZED

BUSINESS OR ASSOCIATE IN SPECIALIZED TECHNOLOGY; A SCHOOL OR

CLASS CONDUCTED BY AN EMPLOYER OR TRADE UNION FOR EMPLOYEES OR

UNION MEMBERS WHERE NO FEE OR TUITION IS CHARGED; A SCHOOL OWNED

AND OPERATED BY A BONA FIDE RELIGIOUS INSTITUTION WHOSE ONLY

PURPOSE IS THE PROVIDING OF RELIGIOUS INSTRUCTION; A SCHOOL

CONDUCTED BY THE COMMONWEALTH OR A POLITICAL SUBDIVISION

THEREOF; OR A SCHOOL WHICH IS OPERATED BY A HOSPITAL LICENSED

UNDER THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE

HEALTH CARE FACILITIES ACT, AND WHICH IS ACCREDITED BY A

REGIONAL OR NATIONAL ACCREDITATION AGENCY.

* * *

"TEACH-OUT." THE CONTINUATION OF INSTRUCTION TO STUDENTS TO

COMPLETE THE PROGRAM OR COURSE IN WHICH THE STUDENTS ARE

ENROLLED WHEN THE SCHOOL'S LICENSE HAS EXPIRED, BEEN REVOKED OR

A SCHOOL HAS CEASED ENROLLMENT.

SECTION 2. SECTION 3(A) OF THE ACT IS AMENDED TO READ:

A03223 - 5 -

SECTION 3. THE STATE BOARD OF PRIVATE LICENSED SCHOOLS.

(A) ESTABLISHMENT OF THE BOARD.--THERE IS HEREBY CREATED

WITHIN THE DEPARTMENT A DEPARTMENTAL ADMINISTRATIVE BOARD TO BE

KNOWN AS THE STATE BOARD OF PRIVATE LICENSED SCHOOLS. THE BOARD

SHALL CONSIST OF 15 MEMBERS, 14 OF WHOM SHALL BE APPOINTED BY

THE SECRETARY. THREE MEMBERS SHALL REPRESENT PRIVATE LICENSED

SCHOOLS PROVIDING INSTRUCTION IN BUSINESS AND COMMERCIAL

PURSUITS, THREE MEMBERS SHALL REPRESENT PRIVATE LICENSED SCHOOLS

PROVIDING INSTRUCTION IN TRADES OR TECHNOLOGIES, THREE MEMBERS

SHALL REPRESENT PRIVATE LICENSED SCHOOLS PROVIDING

[CORRESPONDENCE] DISTANCE EDUCATION OR HOME-STUDY INSTRUCTION

AND FIVE MEMBERS SHALL BE REPRESENTATIVE OF THE GENERAL PUBLIC

HAVING NO CURRENT AFFILIATION WITH PRIVATE LICENSED SCHOOLS. THE

DIRECTOR OF THE BUREAU OF CONSUMER PROTECTION IN THE OFFICE OF

ATTORNEY GENERAL, OR A DESIGNEE, SHALL SERVE EX OFFICIO AND

SHALL HAVE VOTING RIGHTS. [OF THE INITIAL APPOINTMENTS, SEVEN

MEMBERS, TWO FROM THE BUSINESS, ONE EACH FROM TRADE AND

CORRESPONDENCE SCHOOL SECTORS AND THREE FROM THE PUBLIC SECTOR,

SHALL BE APPOINTED FOR TERMS OF TWO YEARS. SEVEN MEMBERS, ONE

FROM THE BUSINESS, TWO EACH FROM TRADE AND CORRESPONDENCE SCHOOL

SECTORS AND TWO FROM THE PUBLIC SECTORS, SHALL BE APPOINTED FOR

TERMS OF FOUR YEARS.] AFTER THE INITIAL APPOINTMENTS, ALL TERMS

SHALL BE FOR FOUR YEARS OR UNTIL A SUCCESSOR HAS BEEN APPOINTED,

BUT IN NO EVENT SHALL A MEMBER HOLD OFFICE FOR LONGER THAN SIX

MONTHS BEYOND EXPIRATION OF THE TERM. NO BOARD MEMBER SHALL

SERVE MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS. AN APPOINTMENT

TO FILL A VACANCY SHALL BE FOR THE UNEXPIRED TERM.

* * *

SECTION 3. SECTION 4(B) AND (D) OF THE ACT ARE AMENDED AND

THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

A03223 - 6 -

SECTION 4. POWERS AND DUTIES OF BOARD.

* * *

[(B) DISPOSITION OF STUDENT RECORDS.--THE BOARD SHALL

REQUIRE EVERY APPLICANT FOR INITIAL OR RENEWAL LICENSURE TO

PROVIDE A WRITTEN STATEMENT DESCRIBING ARRANGEMENTS FOR

DISPOSITION OF STUDENT RECORDS IN THE EVENT OF CLOSURE. IT SHALL

BE THE DUTY OF THE BOARD AND THE DEPARTMENT TO ASSIST IN THE

EXECUTION OF THE ARRANGEMENTS WHEN NECESSARY. PRIORITY SHALL BE

GIVEN TO PLANS FOR RETENTION OF THE RECORDS WITH EXISTING

PRIVATE LICENSED SCHOOLS IN THE SAME GEOGRAPHICAL AREA.]

(B.1) REPOSITORY OF STUDENT RECORDS.--THE FOLLOWING APPLY:

(1) THE BOARD MAY ENTER INTO AN AGREEMENT WITH A THIRD

PARTY TO ESTABLISH A CENTRALIZED REPOSITORY OF STUDENT

RECORDS FOR ALL PRIVATE LICENSED SCHOOLS. IF THE BOARD ENTERS

INTO AN AGREEMENT WITH A THIRD PARTY UNDER THIS PARAGRAPH, A

PRIVATE LICENSED SCHOOL SHALL WORK IN COLLABORATION WITH THE

BOARD AND THE THIRD PARTY TO PROVIDE THE PRIVATE LICENSED

SCHOOL'S STUDENT RECORDS FOR THE CENTRALIZED REPOSITORY,

INCLUDING STUDENT RECORDS THAT MAY HAVE BEEN PREVIOUSLY

DISCLOSED TO THE BOARD, THE THIRD PARTY OR ANOTHER PRIVATE

LICENSED SCHOOL. THE BOARD MAY ESTABLISH AN ANNUAL TIMELINE

FOR THE PRIVATE LICENSED SCHOOL TO PROVIDE STUDENT RECORDS

FOR THE CENTRALIZED REPOSITORY.

(2) THE BOARD OR THIRD PARTY AUTHORIZED BY THE BOARD MAY

USE CURRENT INFORMATION TECHNOLOGY SYSTEMS AND OTHER MEANS TO

PROVIDE THE NECESSARY SECURITY AND PRIVACY FOR THE

CENTRALIZED REPOSITORY OF STUDENT RECORDS.

(3) THE BOARD OR A THIRD PARTY AUTHORIZED BY THE BOARD

MAY IMPOSE REASONABLE FEES TO ESTABLISH AND MAINTAIN THE

CENTRALIZED REPOSITORY OF STUDENT RECORDS. THE BOARD MAY

A03223 - 7 -

OVERTURN A FEE IMPOSED BY A THIRD PARTY UNDER THIS PARAGRAPH

BY A MAJORITY VOTE IF THE BOARD DEEMS THE FEE TO BE

UNREASONABLE.

(4) A THIRD PARTY CENTRALIZED REPOSITORY SHALL BE

REQUIRED TO SUBMIT TO THE BOARD A PLAN OF SUCCESSION TO

PROTECT AND PROVIDE SERVICE FOR STUDENT RECORDS IN THE EVENT

THE CENTRALIZED REPOSITORY CEASES OPERATION.

(5) THE THIRD PARTY CENTRALIZED REPOSITORY SHALL

MAINTAIN THE RECORDS FOR 50 YEARS FROM THE DATE OF GRADUATION

OR WITHDRAWAL IN ACCORDANCE WITH THE FAMILY EDUCATIONAL

RIGHTS AND PRIVACY ACT OF 1974 (PUBLIC LAW 90-247, 20 U.S.C.

§ 1232G).

(6) A RECORDS REPOSITORY AGREEMENT SUBMITTED WITH AN

APPLICATION FOR LICENSURE OR RENEWAL SHALL REMAIN IN EFFECT

UNTIL THE PRIVATE LICENSED SCHOOL FULLY PARTICIPATES IN THE

CENTRALIZED REPOSITORY.

(7) SUBSECTION (B) SHALL APPLY UNTIL THE BOARD HAS:

(I) ENTERED INTO A THIRD-PARTY AGREEMENT AS

PRESCRIBED IN PARAGRAPH (1);

(II) THE REPOSITORY IS FUNCTIONING; AND

(III) SUBMITTED TO THE LEGISLATIVE REFERENCE BUREAU

FOR PUBLICATION AS A NOTICE IN THE PENNSYLVANIA BULLETIN

THE DATE THE CENTRALIZED REPOSITORY IS ACCEPTING STUDENT

RECORDS.

* * *

(D) STATISTICAL REPORT.--THE BOARD SHALL SUBMIT ANNUALLY TO

THE EDUCATION COMMITTEES OF THE SENATE AND HOUSE OF

REPRESENTATIVES A REPORT CONTAINING STATISTICAL DATA ON TUITION

RATES, JOB PLACEMENT OF GRADUATES[,] AND PERCENTAGE OF STUDENTS

COMPLETING PROGRAMS OF STUDY [AND THE LEVEL OF STATE SUPPORT FOR

A03223 - 8 -

STUDENTS]. PRIVATE LICENSED OR REGISTERED SCHOOLS SHALL SUBMIT

THIS INFORMATION TO THE DEPARTMENT BY SEPTEMBER 30 OF EACH YEAR

FOR THE PRECEDING ACADEMIC YEAR ENDING JUNE 30.

* * *

SECTION 4. SECTIONS 7(A)(3) AND (4) AND 10(B) OF THE ACT ARE

AMENDED TO READ:

SECTION 7. APPLICATION FOR LICENSE.

(A) GENERAL RULE.--BEFORE ANY LICENSE IS ISSUED TO A PRIVATE

SCHOOL, A VERIFIED APPLICATION SHALL BE MADE, IN WRITING, TO THE

BOARD ON A FORM PREPARED AND FURNISHED BY THE DEPARTMENT. THE

APPLICATION SHALL REQUIRE A STATEMENT SHOWING:

* * *

(3) THE PLACE OR PLACES WHERE INSTRUCTION WILL BE GIVEN

OR [CORRECTION SERVICES PROVIDED BY CORRESPONDENCE SCHOOLS]

THE LOCATION FROM WHICH INSTRUCTION BY DISTANCE EDUCATION

WILL ORIGINATE.

(4) A SPECIFIC LISTING OF THE EQUIPMENT AND STAFF

AVAILABLE FOR INSTRUCTION IN EACH PROGRAM, AND FOR THE PROPER

ADMINISTRATION OF [CORRESPONDENCE COURSES OF STUDY AND FOR

MAINTENANCE OF AN ADEQUATE CORRECTION SERVICE] DISTANCE

EDUCATION COURSES.

* * *

SECTION 10. LICENSE FEES.

* * *

(B) MULTIBRANCH TRAINING SCHOOL AND BRANCH FACILITY FEE.--A

MULTIBRANCH TRAINING SCHOOL AND A BRANCH FACILITY SHALL PAY THE

SAME FEES SET FORTH IN SUBSECTION (A)[, EXCEPT THAT SUCH SCHOOL

SHALL BE REQUIRED TO PAY ONLY ONE FEE FOR ANY AND ALL BRANCH

TRAINING SCHOOLS LOCATED IN ONE COUNTY]. NO ADDITIONAL LICENSE

FEES OR BOND, EXCLUDING SURETY BOND AND BOARD-APPROVED PRIVATE

A03223 - 9 -

SURETY FUND, SHALL BE REQUIRED OF A MULTIBRANCH TRAINING SCHOOL

AND BRANCH FACILITY.

* * *

SECTION 5. SECTION 12 OF THE ACT IS AMENDED BY ADDING A

SUBSECTION TO READ:

SECTION 12. REQUIREMENTS FOR LICENSURE AND OPERATION.

* * *

(F) SCHOOL CLOSURE.--A SCHOOL SHALL NOTIFY THE BOARD AT

LEAST 30 CALENDAR DAYS IN ADVANCE OF A SCHOOL CLOSURE. A LICENSE

OR REGISTRATION SHALL AUTOMATICALLY TERMINATE WHEN THE SCHOOL

CLOSES. IF A SCHOOL IS PLANNING TO CLOSE OR IF THE SCHOOL FACES

A SITUATION THAT COULD RESULT IN CLOSURE, THE SCHOOL MUST

PROVIDE THE BOARD WITH A TEACH-OUT PLAN, A LIST OF ALL CURRENT

STUDENTS WITH CONTACT INFORMATION AND COPIES OF CURRENT STUDENT

TRANSCRIPTS FOR STUDENTS WHO ARE CURRENTLY ENROLLED. A SCHOOL

THAT IS CLOSING IS RESPONSIBLE FOR ENSURING COMPLETION BY ALL

CURRENT STUDENTS OR PLACEMENT OF ALL CURRENT STUDENTS IN AN

APPROPRIATE TEACH-OUT OR TRANSFER PROGRAM, ENSURING THAT ALL

STUDENT ACADEMIC RECORDS ARE SECURELY PLACED IN THE REPOSITORY

OF STUDENT RECORDS PROVIDED FOR IN SECTION 4(B.1) OR WITH

ANOTHER APPROVED REPOSITORY WITHIN ONE WEEK OF THE DATE OF

CLOSURE AND PROVIDING CONTACT INFORMATION FOR A RESPONSIBLE

SCHOOL OFFICIAL FOR UP TO ONE YEAR FOLLOWING THE DATE OF

CLOSURE.

SECTION 6. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:

Section 13.1. Multibranch training schools.

(a) Board approval.--A licensed school shall receive

approval from the board prior to opening a branch facility

within this Commonwealth. To receive approval under this

subsection, the licensed school must:

A03223 - 10 -

(1) Have been operational for two years prior to

requesting approval.

(2) Be in good standing with the board.

(b) Geographical limitations.--A licensed school may only

operate a branch facility in a county contiguous to the licensed

school or within less than a 60-mile radius of the licensed

school.

Section 4. This act shall take effect in 60 days.

SECTION 13.2. INSTITUTIONAL GRANTS AUTHORITY.

A LICENSED SCHOOL UNDER THIS ACT MAY OFFER INSTITUTIONAL

GRANTS TO STUDENTS OF ANY AMOUNT WITHOUT BOARD APPROVAL.

SECTION 7. SECTION 14 OF THE ACT IS AMENDED TO READ:

Section 7. Sections 14 and 15(b) of the act are amended to

read:

SECTION 14. PROMULGATION OF RULES.

THE BOARD SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO

CARRY OUT THE PURPOSES OF THIS ACT. [THE RULES AND REGULATIONS

OF THE STATE BOARD OF PRIVATE BUSINESS SCHOOLS, THE STATE BOARD

OF PRIVATE CORRESPONDENCE SCHOOLS AND THE STATE BOARD OF PRIVATE

TRADE SCHOOLS IN FORCE ON THE EFFECTIVE DATE OF THIS ACT, AND

NOT COUNTERMANDED BY THIS ACT, SHALL REMAIN IN EFFECT UNTIL

REPEALED OR AMENDED BY THE BOARD, BUT NOT FOR A PERIOD OF MORE

THAN ONE YEAR.]

Section 15. Penalties.

* * *

(b) Civil penalty.--[In]

(1) Subject to paragraph (2), in addition to any other

penalty provided in this act, the board may, by a majority

vote of its statutorily authorized membership, levy a civil

penalty of up to [$1,000] $2,500 on any licensee who violates

A03223 - 11 -

any provision of this act or any person who operates a

private licensed school without being properly licensed under

this act. A civil penalty may only be assessed once per

violation. Prior to the collection of the penalty, the

licensee or person shall have access to the hearing procedure

provided in Title 2 of the Pennsylvania Consolidated Statutes

(relating to administrative law and procedure).

(2) The board may revise the amount of the civil penalty

imposed under paragraph (1) by regulation. Any increase to

the civil penalty under this paragraph shall be reasonable

and required to deter violations of this act.

SECTION 8. SECTIONS 16 AND 17 OF THE ACT ARE REPEALED:

[SECTION 16. EXISTING LICENSES TO REMAIN IN FORCE.

LICENSES ISSUED BY THE STATE BOARD OF PRIVATE BUSINESS

SCHOOLS, THE STATE BOARD OF PRIVATE TRADE SCHOOLS AND THE STATE

BOARD OF PRIVATE CORRESPONDENCE SCHOOLS SHALL REMAIN IN FORCE

FOR THE PERIOD OF THE LICENSE. AT THE TIME OF RENEWAL OF THE

LICENSE, THE STATE BOARD OF PRIVATE LICENSED SCHOOLS MAY

ESTABLISH A STAGGERED SCHEDULE FOR RENEWAL.

SECTION 17. TRANSFER OF PERSONNEL, ETC.

PERSONNEL, ALLOCATIONS, APPROPRIATIONS, EQUIPMENT, FILES,

RECORDS, CONTRACTS, AGREEMENTS, OBLIGATIONS AND OTHER MATERIALS

WHICH ARE USED, EMPLOYED OR EXPENDED BY THE BOARDS HEREBY

ABOLISHED IN CONNECTION WITH THE POWERS, DUTIES OR FUNCTIONS

EXERCISED UNDER THIS ACT BY THE STATE BOARD OF PRIVATE LICENSED

SCHOOLS ARE HEREBY TRANSFERRED TO THE STATE BOARD OF PRIVATE

LICENSED SCHOOLS WITH THE SAME FORCE AND EFFECT AS IF THE

APPROPRIATIONS HAD BEEN MADE TO, AS IF SAID ITEMS HAD BEEN THE

PROPERTY OF AND AS IF THE CONTRACTS, AGREEMENTS AND OBLIGATIONS

HAD BEEN INCURRED OR ENTERED INTO BY SAID STATE BOARD OF PRIVATE

A03223 - 12 -

LICENSED SCHOOLS.]

SECTION 9. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE REPEAL OF SECTION 4(B) OF THE ACT SHALL TAKE

EFFECT ON THE DATE SPECIFIED IN THE NOTICE PUBLISHED UNDER

SECTION 4(B.1)(7)(III) OF THE ACT.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60

DAYS.

A03223 - 13 -