Title 22 Pa. Code — Education

title-2222 Pa. CodeRegulation

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Part I State Board of Education

Subpart A Miscellaneous Provisions

Chapter 1 Preliminary Provisions

22 Pa. Code § 1.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Board—The State Board of Education of the Commonwealth. Department—The Department of Education of the Commonwealth. When a provision of this part confers powers on or imposes duties upon the Department which under a statute may be exercised by or imposed only on the Secretary of Education, the reference to the Department shall be construed to mean the Department acting by and through the Secretary of Education personally. Secretary—The Secretary of the Department of Education.

History

  • Authority: The provisions of this Chapter 1 issued under sections 1317 and 1318 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this § 1.
22 Pa. Code § 1.2 Function of the Board.

The Board will adopt broad policies and principles and establish standards governing the educational programs of the Commonwealth.

History

  • Authority: The provisions of this Chapter 1 issued under sections 1317 and 1318 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this § 1.
22 Pa. Code § 1.3 Scope of regulations.

(a) This part is binding upon the Department when administering the educational program of the Commonwealth.

(b) The Department may issue rules and directives necessary to carry out the regulations of this part.

Regulation

An order of the State Board of Education disclaiming authority to decide upon continuance of school board’s practice of utilizing out-of-state schools to educate some of the district’s children is not a regulation. Wayne Highlands School District v. Department of Education, 488 A.2d 1172 (Pa. Cmwlth. 1985).

History

  • Authority: The provisions of this Chapter 1 issued under sections 1317 and 1318 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this § 1.
22 Pa. Code § 1.4 Inquiries.

Inquiries concerning Board regulations shall be referred to the State Board of Education, 607 South Drive, Harrisburg, Pennsylvania 17120.

History

  • Authority: The provisions of this Chapter 1 issued under sections 1317 and 1318 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this § 1.
22 Pa. Code § 1.5 Applicability of general rules before the Board.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), is applicable to the activities of and proceedings before the Board.

The provisions of this § 1.5 adopted October 3, 1975, effective October 4, 1975, 5 Pa.B. 2685.

History

  • Authority: The provisions of this Chapter 1 issued under sections 1317 and 1318 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this § 1.
22 Pa. Code § 1.6 Applicability of general rules before the Department.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), is applicable to the activities of and proceedings before the Department.

The provisions of this § 1.6 issued under section 35 of the Administrative Agency Law (71 P.S. § 1710.35) (Repealed).

The provisions of this § 1.6 adopted January 3, 1975, effective January 4, 1975, 5 Pa.B. 7.

History

  • Authority: The provisions of this Chapter 1 issued under sections 1317 and 1318 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this § 1.

Chapter 2 School District Organization

22 Pa. Code § 2.1 Statutory references.

The Public School Code (24 P.S. § § 1-101—27-2702) carries numerous provisions for school district organization and changes in school district boundaries as follows:

(1) In annexation for school purposes, the Board’s responsibilities are found in provisions of Article II, sections 226—229 (24 P.S. § § 2-226—2-229) and 271—277 (24 P.S. § § 2-271—2-277).

(2) School district reorganization authority, as it applies to joint schools, is found in Article XVII of the Public School Code. Section 224 (24 P.S. § § 2-224) specifically deals with State Board approval of further reorganization of administrative units or school districts, or both, reorganized under Act 299 of 1963 (24 P.S. § § 2-290—2-298) and Act 150 of 1968 (24 P.S. § § 2-2400—2-2400.10).

(3) To make minor changes in school district boundaries without disturbing municipal boundaries, section 242.1 (24 P.S. § 2-242.1) applies and provides for Board approval.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.2 General provisions.

(a) All aspects of the changing of school district boundaries must comply with the School Laws of Pennsylvania, the Board regulations, and have prior review and recommendations by the Department. This applies to annexations which alter school district boundaries, combinations of school districts into larger units and creation of independent districts for transfer purposes only.

(b) The Department shall establish procedures, conduct investigations, require forms, data and reports necessary to carry out the previous provisions.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.21 Conditions for approval of annexations.

(a) Changes in the boundaries of school districts, to coincide with changes in municipal boundaries already made, will be approved by the Council of Basic Education, in original applications, unless:

(1) The change would seriously impair the educational program of either the losing school district or the annexing school district.

(2) The loss to the losing school district in assessed valuation and tax income would impair the ability of the residual area to amortize existing debts or support its educational program.

(3) Approval would impose an undue transportation inconvenience on the pupils of the annexed area.

(b) The Board, when considering an annexation appeal taken from a decision of the Council of Basic Education, may make its determination upon the basis of evidence presented at the hearing before the Council of Basic Education committee and any supplemental briefs or materials it may authorize or require.

(c) The Council of Basic Education and the Board, as the case might be, reserve the discretionary right, prior to any action, to advise all school districts concerned in the annexation, that a just and proper adjustment of property, real and personal, including funds, indebtedness and rental obligations, if any, shall be made to and among the school districts, as prescribed in sections 271—277 of the Public School Code (24 P.S. § § 2-271—2-277).

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.31 Methods of unification.

There are 3 basic methods in the Public School Code of 1949, as amended, for the unification or contracted cooperation of school districts:

(1) Any 2 or more school districts may sign contractual agreement to form a joint board for the operation of the schools of a joint school system or for the combined operation of departments.

(2) Any two or more administrative units or resultant school districts may combine to create a larger school district.

(3) The mandatory combination of school districts within approved county plans of administrative units (Act 299 of 1963 (24 P.S. § § 2-290—2-298) and Act 150 of 1968 (24 P.S. § § 2-2400—2-2400.10)).

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.32 Approval of joint schools or departments.

Under Article XVII of the Public School Code, the Board provides that:

(1) The Department may grant approval for the establishment of joint departments to operate special education programs.

(2) The Department may approve joint vocational-technical boards to operate such schools as are in compliance with the State Board of Career and Technical Education’s state plan for career and technical education.

(3) The Department may grant approval to establish or enlarge a joint board for the operation of a joint school, K—12, only in those situations where application of section 224 of the Public School Code (24 P.S § 2-224) would result in an undue financial burden on the participating school districts.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.33 Combination of administrative units.

The Board will approve the combination of any two or more contiguous reorganized school districts or approved administrative units if all conditions of section 224 of the Public School Code (24 P.S. § 2-224) have been satisfied and no appeal has been filed or, after an appeal, if such combination is deemed in the best interest of the school system of the State and the locality.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.34 Independent districts for transfer.

In situations where a small area of a school district petitions for transfer from one school district to another, the Board will approve the creation of such independent district for transfer purposes only if the opinion of the Secretary such transfer will be advantageous from an educational point of view.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.35 County plans of administrative units.

(a) The School District Reorganization Act of 1968, (24 P.S. § § 2-2400— 2-2400.10) (Act 150), approved July 8, 1968 directs the Board within 30 days of the effective date of the act, to adopt standards for approval of administrative units comprised of those school districts which are not in an administrative unit established as a school district under section 296 of the Public School Code of 1949 (24 P.S. § 2-296).

(b) The plans of administrative units prepared by county boards of school directors under the provisions of Act 150, shall conform to the following standards and exceptions adopted by the Board on July 11, 1968.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.36 Delimitations.

(a) The plans of administrative units submitted under this act shall be limited to those school districts which are in administrative units that have not established under the provisions of Act 299, the act of August 8, 1963 (24 P.S. § § 2-290—2-298).

(b) Exception. One or more school districts established under the provisions of Act 299, may be included in an administrative unit planned under this act only if the school district established under Act 299 agrees to the assignment.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.37 Standards for approval.

(a) An administrative unit shall be defined as a geographic area under the control of a single board of school directors.

(b) An administrative unit shall be planned as a contiguous geographic area. Exceptions to contiguity may be made only in situations where the administrative unit in whole or in part includes a noncontiguous geographic area which had been previously approved by the Board as an administrative unit or had operated as an administrative unit, a school district or joint school system during the 1967-1968 school year.

(c) An administrative unit shall be planned to offer a full program of instruction, kindergarten or grade one through 12, and provide administrative leadership, supervision and instructions at a reasonable cost consistent with the local taxable wealth and state financial support available per pupil.

(d) An administrative unit shall make available an educational program and educational opportunities to meet the varying needs, aptitudes, abilities and interests of individuals residing in the administrative unit.

(e) An administrative unit shall embrace one or more secondary attendance centers and supporting elementary attendance centers.

(f) An administrative unit shall be planned to include the largest feasible pupil population which assures the maximum efficiency of operation, and which justifies curricular offerings and other essential services not economically possible in smaller administrative units.

(g) An administrative unit meeting or exceeding the mandated 4,000 pupil average daily membership as determined for the 1966-1967 school year and any administrative unit proposing a reduction of the mandated minimum pupil population shall be planned with consideration of, but not limited to, the following factors:

(i) Topography. An administrative unit shall be planned so that all parts of the unit are reasonably accessible for efficient operation and supervision.

(ii) Pupil Population. Pupil population changes may be considered in the planning of administrative units when the changes are supported by reliable studies of area development showing past pupil population trends and future projections based on recognized statistical methods. Examples of reliable studies of area development are those made by planning commissions, public utility companies and established survey agencies.

(iii) Community Characteristics. Consideration should be given to whether a geographic area has developed characteristics of a community. Community, as used here, includes one or more municipalities and the surrounding territory from which people come for business, social, recreational, fraternal or similar reasons. Neither race nor religion shall be a factor in determining administrative unit boundaries and differences in the social and economic level of the population shall not be a basis to determine these boundaries.

(iv) Transportation of Pupils. Distances traveled, travel conditions, time consumed, and the safety and general welfare of the pupils should be basic considerations in developing administrative units. Planning of transportation systems should avoid duplication and, insofar as practical, the transportation of pupils through the area of an adjacent administrative unit.

(v) Use of Existing School Buildings. An administrative unit shall utilize existing buildings to the maximum extent practical avoiding unnecessary new construction where possible.

(vi) Existing Administrative Units. No part of an existing school district may be separated and added to another administrative unit, except as provided in Act 383, approved December 19, 1967 or as provided in the annexation laws. Administrative units already established as school districts under Act 299 (24 P.S. § § 2-290—2-298) may be included in administrative units planned under this act only if the existing school district so established grants consent.

(vii) Potential Population Changes. Population changes may be considered in the planning of administrative units when the changes are supported by reliable studies of area development showing expansion of the area and by growth projections based on recognized statistical methods. Examples of reliable studies of population growth beyond a normal projection are those made by planning commissions, public utility companies and established survey agencies.

(viii) Capability of Providing a Comprehensive Program of Education. For purposes of reorganization planning, ‘‘capability of providing a comprehensive program of education’’ shall mean: The ability to educate and train each child within his capacity to the extent demanded by the immediate requirements of his growth and his relationship to the strengthening of this Commonwealth and nation, and shall include, but not be limited to, wealth per pupil, qualifications of professional staff, enrollment and diversification of curricula.

(h) County plans shall provide for the inclusion of all the area within a county, unorganized as stated previously, into one or more administrative units and, with the concurrence of the county board or boards of school directors of an adjacent county or counties, may include contiguous area across county lines. School districts established under the provisions of Act 299 may be included in a planned administrative unit of the plan if the school district so established grants consent.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.38 Approvals.

(a) The Board shall review all plans and approve such plans as it deems wise in the best interest of the educational system of the Commonwealth.

(b) Exception. If no petition of appeal is filed by a school district, considering itself aggrieved by the plan as submitted by the county board of school directors, within thirty days after submission of the plan, the plan shall be deemed approved by the Board without further right of appeal.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.39 Procedures.

(a) The county plan of administrative units submitted under Act 150 (24 P.S. § § 2-2400—2-2400.10) shall be limited to those school districts which are not in an administrative unit that established under Act 299 (24 P.S. § § 2-290—2-298), the act approved August 8, 1963 except as otherwise provided in this act.

(b) The plan may include one or more school districts established under Act 299 if the school district so established agrees to the placement.

(c) In the event that county boards had previously adopted resolutions transferring a school district or school districts from one county to the educational jurisdiction of another, such resolutions need not be renewed. However, if such transfers are to be rescinded or additional transfers are to be made in the current plan of administrative units, resolutions to this effect shall be adopted by each county board affected and shall accompany the plan to the Board.

(d) The plan of administrative units shall conform to the standards for approval of administrative units adopted by the Board.

(e) In preparing its plan, the county board of school directors shall confer with the school boards of each school district to be assigned to an administrative unit of the plan.

(f) Completed plans shall be submitted to the Board within ninety days of the effective date of this act and not more than thirty days after the plan is adopted by the county board.

Official Note

Plans can and should be forwarded to the Board immediately upon adoption by the county board of school directors.

(g) Plans shall be submitted on forms provided by the Board and containing such data and other information as requested thereon.

(h) County boards of school directors shall, immediately upon adoption of the plan, notify the secretary of each school board of the school district’s assignment to the plan together with the date of submission of the plan to the Board. It appears advisable that notices should be sent by registered or certified mail.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 2.40 Appeals.

(a) A school district considering itself aggrieved by the plan of organization of administrative units adopted by the county board of school directors may petition the Board for a hearing setting forth the basis for such appeal.

(b) Appeal petitions shall be filed within thirty days of the date of submission of the plan to the Board by the county board of school directors.

(c) The Board, upon receipt of an appeal petition, shall fix the date, time and place for a hearing.

(d) Three or more members of the Board shall constitute the State Board for hearing purposes.

(e) The Board may hear and consider such testimony as it may deem advisable to enable it to make a decision.

(f) After reaching a decision, the Board shall enter such order as appears, either approving the plan as submitted by the county board or approving the plan in an amended form.

(g) If no appeal petition is filed within thirty days of the date of submission of the plan by the county board of school directors, the plan of administrative units, as submitted, shall be deemed approved by the Board without right of appeal.

(h) A school district considering itself aggrieved by the plan of administrative units approved by the Board, except those plans against which no petitions of appeals had been filed, may, within thirty days of the date of approval by the State Board, appeal to the Court of Common Pleas of the county in which the school district is located.

History

  • Authority: The provisions of this Chapter 2 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.

Chapter 4 Academic Standards and Assessment

22 Pa. Code § 4.1 Statutory authority.

The statutory authority for this chapter is the School Code.

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.2 Purpose.

The purpose of this chapter is to establish rigorous academic standards and assessments, applicable only to the public schools in this Commonwealth, to facilitate the improvement of student achievement and to provide parents and communities a measure by which school performance can be determined.

The provisions of this § 4.2 amended under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.2 amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131. Immediately preceding text appears at serial page (334860).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ACTS—Area career and technical school—A public school that provides career and technical education to secondary school students, out-of-school youth and adults in a geographical area comprised and operated by one or more school districts and established under sections 1840—1853 of the School Code (24 P.S. § § 18-1840—18-1853). Academic standard—What a student should know and be able to do at a specified grade level. Apprenticeship program—A competency-based program that coordinates and integrates classroom instruction with a structured work-based employment experience designed for students. Assessment—A valid and reliable measurement of student performance on a set of academic standards in a subject area that captures student understanding of the set as a whole and the central concepts, knowledge and skills of each content area. Board—The State Board of Education established under sections 2601-B—2606-B of the School Code (24 P.S. § § 26-2601-B—26-2606-B). Career and technical education—Programs under public supervision and control which provide an organized process of learning experiences designed to develop integrated academic and occupational skills, knowledge, attitudes, work habits and leadership ability for entry into and advancement within various levels of employment in occupational areas of agriculture, business, marketing and distribution, health, home economics and trade and industry and for participation in postsecondary education and training. Chief school administrator—The superintendent of a school district, the superintendent of an ACTS or the chief executive officer of a charter school. Cooperative career and technical education—A planned method of instruction developed through a signed cooperative arrangement among school representatives, students, parents and employers in the community to provide students with an opportunity to alternate in-school academic and career and technical instruction in entry-level paid employment in an occupational field, in which the student’s total occupational work experience is planned, coordinated and supervised by the school in close cooperation with the employer. Curriculum—A series of planned instruction aligned with the academic standards in each subject that is coordinated and articulated and implemented in a manner designed to result in the achievement at the proficient level by all students. Department—The Department of Education of the Commonwealth. ESOL—English to speakers of other languages. Employment area—A geographic area where career and technical education program completers are most likely to be employed. Individuals with Disabilities Education Act—20 U.S.C.A. § § 1400—1482. Intermediate unit—A regional educational service agency established under sections 951—974 of the School Code (24 P. S. § § 9-951—9-974), which provides educational services to participating school districts as part of the public school system of this Commonwealth. Keystone Exams—State-developed end-of-course exams. Designated exams will be used to determine, in part, a student’s eligibility for high school graduation. Local Assessment Validation Advisory Committee—An advisory committee established by the Department composed of up to two representatives each from the Department and Board, four representatives from the Pennsylvania School Boards Association and up to four additional members who are jointly selected by the Committee. The purpose of the Committee is to develop the criteria for the local validation process and criteria for selection of approved validation entities. NOCTI—National Occupational Competency Testing Institute. PSSA—Pennsylvania System of School Assessment. Parent or guardian—A person legally responsible for a student’s care. Pennsylvania Core Standards—Academic standards for English language arts and mathematics based upon a Nationwide, state-led process coordinated by the National Governors Association and the Council of Chief State School Officers and in collaboration with teachers, content experts and other education stakeholders. The standards define the knowledge and skills students should have within their K-12 education careers so that they will graduate high school able to succeed in entry-level, credit-bearing academic college courses and in work-force training programs. Performance Level Advisory Committee—An advisory committee established by the Department to assist the Department in developing Keystone Exam performance level descriptors and performance level cut scores. The Committee includes teachers, principals, school administrators, school board members, higher education officials, representatives of the United States Armed Forces, employers and others with at least 1/2 of its members selected from nominations made by Statewide teachers’ unions and other education stakeholder organizations. Planned instruction—Instruction offered by a school entity based upon a written plan to enable students to achieve the academic standards under § 4.12 (relating to academic standards) and any additional academic standards as determined by the school entity. Prekindergarten—A program operated by a school district or by a community agency under contract from a school district that is open to children who are at least 3 years of age and completed prior to the school district’s entry age for kindergarten. School Code—The Public School Code of 1949 (24 P. S. § § 1-101— 27-2702). School entity—A local public education provider (for example, public school district, charter school, cyber charter school, ACTS or intermediate unit). School organization—The organization of a school district’s programs into kindergarten, primary, intermediate level, middle level and high school programs, including programs operated at ACTSs. Secretary—The Secretary of Education of the Commonwealth. State assessment—A valid and reliable measurement of student performance on a set of academic standards as measured by the Pennsylvania System of School Assessment or the Keystone Exams. State Assessment Validation Advisory Committee—An advisory committee established by the Department to advise it on its plans to conduct a validity study of the Keystone Exams and review and provide feedback on study findings. The Committee is composed of up to two representatives each from the Department, Board, Pennsylvania State Education Association, American Federation of Teachers-Pennsylvania and up to four additional members who are jointly selected by the Committee. Tech-prep program—A combined secondary and postsecondary program which leads to an associate degree or certificate and employment by providing technical preparation in engineering technology, applied science, mechanical, industrial or practical art or trade, agriculture, health or business, including development of competence in mathematics, science and communications through a sequential course of study.

The provisions of this § 4.3 amended under the Public School Code of 1949 (24 P.S. § § 1-101—27-2702).

The provisions of this § 4.3 amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 240; amended October 15, 2010, effective October 16, 2010, 40 Pa.B. 5903; corrected April 6, 2012, effective January 1, 2011, 42 Pa.B. 1859; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371071) to (371073).

This section cited in 22 Pa. Code § 4.23 (relating to high school education); 22 Pa. Code § 4.28 (relating to special education); 22 Pa. Code § 338.2 (relating to definitions); and 22 Pa. Code § 339.1a (relating to definitions).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.4 General policies.

(a) It is the policy of the Board that the local curriculum be designed by school entities to achieve the academic standards under § 4.12 (relating to academic standards) and any additional academic standards as determined by the school entity.

(b) It is the policy of the Board that local school entities have the greatest possible flexibility in curriculum planning consistent with providing quality education and in compliance with the School Code, including requirements for courses to be taught (24 P. S. § § 15-1501 and 16-1605); subjects to be taught in the English language (24 P. S. § 15-1511); courses adapted to the age, development and needs of the pupils (24 P. S. § 15-1512); minimum school year of 180 days and minimum of 900 hours of instruction at the elementary level and 990 hours of instruction at the secondary level (24 P. S. § § 15-1501 and 15-1504); employment of sufficient numbers of qualified professional employees (24 P. S. § 11-1106) and superintendents to enforce the curriculum requirements of State law (24 P. S. § 10-1005); and this part.

(c) Access to educational programs shall be provided without discrimination on the basis of a student’s race, sex, color, religion, disability, sexual orientation or national origin.

(d) School entities shall adopt policies to assure that parents or guardians have the following:

(1) Access to information about the curriculum, including academic standards to be achieved, instructional materials and assessment techniques.

(2) A process for the review of instructional materials.

(3) The right to have their children excused from specific instruction that conflicts with their religious beliefs, upon receipt by the school entity of a written request from the parent or guardians.

(4) The right to review a State assessment in the school entity during convenient hours for parents and guardians, at least 2 weeks prior to their administration, to determine whether a State assessment conflicts with their religious belief. To protect the validity and integrity of the State assessments, each school entity shall have in place procedures to be followed when parents or guardians request to view any State assessment. Procedures must be consistent with guidance provided by the Department in its assessment administration instructions. If upon inspection of a State assessment parents or guardians find the assessment to be in conflict with their religious belief and wish their students to be excused from the assessment, the right of the parents or guardians will not be denied upon written request that states the objection to the applicable school district superintendent, charter school chief executive officer or AVTS director.

(5) The right to have their children excluded from research studies or surveys conducted by entities other than a school entity unless prior written consent has been obtained.

(e) The Department will provide support to school districts, ACTSs and charter schools, including cyber charter schools, in developing educational programs that enable students to attain academic standards under § 4.12. Department support will include:

(1) Establishment of a voluntary model curriculum and diagnostic supports aligned with State academic standards in each of the content areas assessed by the Keystone Exams under § 4.51b(i) (relating to Keystone Exams).

(2) Assistance in the development of effective student tutoring, remediation and extended instructional time programs.

(3) Opportunities for continuing professional education designed to improve instruction in each of the content areas assessed by the Keystone Exams under § 4.51b(i).

(4) Technical guidance in developing local assessments that meet the requirements of § 4.24(c)(1)(iii)(B) (relating to high school graduation requirements), upon request.

(f) The Department may not, and the Board will not, require school entities to utilize a Statewide curriculum or Statewide reading lists.

The provisions of this § 4.4 amended under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.4 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 240; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371074) to (371075).

This section cited in 22 Pa. Code § 11.7 (relating to religious objections).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.11 Purpose of public education.

(a) This section and § 4.12 (relating to academic standards) describe the purpose of public education and its relationship with the academic standards.

(b) Public education prepares students for adult life by attending to their intellectual and developmental needs and challenging them to achieve at their highest level possible. In conjunction with families and other community institutions, public education prepares students to become self-directed, life-long learners and responsible, involved citizens.

(c) Together with parents, families and community institutions, public education provides opportunities for students to:

(1) Acquire knowledge and skills.

(2) Develop integrity.

(3) Process information.

(4) Think critically.

(5) Work independently.

(6) Collaborate with others.

(7) Adapt to change.

(d) The academic standards describe the knowledge and skills that students will be expected to demonstrate before graduating from a public school.

(e) Achievement of high academic standards in public education is dependent upon the quality of instruction in schools and student effort supported by the involvement of family and community.

(f) Assessment in public education is designed to determine student attainment of State and local academic standards.

(g) Public schools provide instruction throughout the curriculum so that students may develop knowledge and skills in the following areas:

(1) English language arts.

(2) Mathematics.

(3) Science and environment and ecology.

(4) Technology and engineering.

(5) Social studies (civics and government, geography, economics and history).

(6) Arts and humanities.

(7) Career education and work.

(8) Health, safety and physical education.

(9) Family and consumer sciences.

(10) Personal finance.

(h) Public education provides planned instruction to enable students to attain academic standards under § 4.12. Planned instruction consists of at least the following elements:

(1) Objectives of a planned course, instructional unit or interdisciplinary studies to be achieved by all students.

(2) Content, including materials and activities, and estimated instructional time to be devoted to achieving the academic standards. Courses, instructional units or interdisciplinary studies of varying lengths of time may be taught.

(3) The relationship between the objectives of a planned course, instructional unit or interdisciplinary studies and academic standards specified under § 4.12 and any additional academic standards as determined by the school entity.

(4) Procedures for measurement of the objectives of a planned course, instructional unit or interdisciplinary studies.

The provisions of this § 4.11 amended under the Public School Code of 1949 (24 P.S. § § 1-101—27-2702).

The provisions of this § 4.11 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended October 15, 2010, effective October 16, 2010, 40 Pa.B. 5903; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended June 15, 2022, effective July 16, 2022, 52 Pa.B. 3946; amended February 7, 2025, effective February 8, 2025, 55 Pa.B. 1234. Immediately preceding text appears at serial pages (410340) to (410341).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.12 Academic standards.

(a) School entities may develop, expand or improve existing academic standards in the following content areas:

(1) The following apply:

(i) Through June 30, 2025: Science and technology. Study of the natural world and facts, principles, theories and laws in the areas of biology, chemistry, physics and earth sciences. Technology is the application of science to enable societal development, including food and fiber production, manufacturing, building, transportation and communication. Science and technology share the use of the senses, science processes, inquiry, investigation, analysis and problem solving strategies. The Pennsylvania Core Standards for Reading in Science and Technology and the Pennsylvania Core Standards for Writing in Science and Technology will be an appendix to the Commonwealth’s academic standards for Science and Technology upon publication in the Pennsylvania Bulletin.

(ii) Effective July 1, 2025: Pennsylvania Integrated Standards for Science, Environment, Ecology, Technology and Engineering (Grades K—5). Guide the elementary-level study of the natural and human-made world through inquiry, problem-solving, critical thinking and authentic exploration. The integration of these disciplines in the elementary grades highlights the interconnectedness of scientific study and the integral relationship between humans and the environment.

(2) The following apply:

(i) Through June 30, 2025: Environment and ecology. Understanding the components of ecological systems and their interrelationships with social systems and technologies. These components incorporate the disciplines of resource management, agricultural diversity, government and the impact of human actions on natural systems. This interaction leads to the study of watersheds, threatened and endangered species, pest management and the development of laws and regulations.

(ii) Effective July 1, 2025: Pennsylvania Integrated Standards for Science, Environment and Ecology (Grades 6—12). Utilize a three-dimensional approach to guide the study of physical sciences, life sciences, and earth and space sciences at the middle and high school levels. The standards highlight the critical intersections of these disciplines with environmental science, ecology, and agriculture. These three-dimensional standards integrate disciplinary core ideas, practices in science and engineering, and crosscutting concepts into coherent learning progressions across the grade bands.

(iii) Effective July 1, 2025: Pennsylvania Technology and Engineering Standards (Grades 6—12). Define the knowledge, skills, and abilities necessary for establishing literacy in technology and engineering literacy. Students develop a practical understanding of how humans are influenced by science and technology. Four core disciplinary standards describe practices in technology and engineering and include specific benchmarks for students in grade bands 6—8 and 9—12.

(2.1) Appendix B (relating to academic standards for science and technology and environment and ecology) shall expire July 1, 2025. The academic standards under paragraphs (1)(ii) and (2)(ii) and (iii) shall be based on the provisions of Appendix B-1 (relating to Pennsylvania integrated standards for science, environment, ecology, technology and engineering (Grades K—5), Pennsylvania integrated standards for science, environment and ecology (Grades 6—12), and Pennsylvania technology and engineering standards (Grades 6—12), on and after July 1, 2025.

(3) Social studies.

(i) History. Study of the record of human experience including important events; interactions of culture, race and ideas; the nature of prejudice; change and continuity in political systems; effects of technology; importance of global-international perspectives; and the integration of geography, economics and civics studies on major developments in the history of the Commonwealth, the United States and the world.

(ii) Geography. Study of relationships among people, places and environments, of geographic tools and methods, characteristics of place, concept of region and physical processes.

(iii) Civics and government. Study of United States constitutional democracy, its values and principles, study of the Constitution of the Commonwealth and government including the study of principles, operations and documents of government, the rights and responsibilities of citizenship, how governments work and international relations.

(iv) Economics. Study of how individuals and societies choose to use resources to produce, distribute and consume goods and services. Knowledge of how economies work, economic reasoning and basic economic concepts, economic decision making, economic systems, the Commonwealth and the United States economy and international trade. The academic standards for Economics in Appendix C (relating to academic standards for civics and government and economics and geography and history and the Pennsylvania core standards for reading in history and social studies and the Pennsylvania core standards for writing in history and social studies) shall expire July 1, 2026. The academic standards under this subparagraph shall be based on the provisions of Appendix C-1 (relating to academic standards for economics) on and after July 1, 2026.

(v) Appendix. The Pennsylvania Core Standards for Reading in History and Social Studies and the Pennsylvania Core Standards in Writing for History and Social Studies will be an appendix to the Commonwealth’s academic standards for History upon publication in the Pennsylvania Bulletin.

(4) Arts and humanities. Study of dance, theatre, music, visual arts, language and literature including forms of expression, historical and cultural context, critical and aesthetic judgment and production, performance or exhibition of work.

(5) Career education and work. Understanding career options in relationship to individual interests, aptitudes and skills including the relationship between changes in society, technology, government and economy and their effect on individuals and careers. Development of knowledge and skill in job-seeking and job-retaining skills and, for students completing career and technical education programs, the skills to succeed in the occupation for which they are prepared. Appendix E (relating to academic standards for career education and work) shall expire July 1, 2026. The academic standards under this paragraph shall be based on the provisions of Appendix E-1 (relating to academic standards for career education and work) on and after July 1, 2026.

(6) Health, safety and physical education. Study of concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts and strategies, safety in physical activity settings, and leadership and cooperation in physical activities.

(7) Family and consumer sciences. Understanding the role of consumers as a foundation for managing available resources to provide for personal and family needs and to provide basic knowledge of child health and child care skills. The academic standards for Family and Consumer Sciences in Appendix D (relating to academic standards for the arts and humanities and health, safety and physical education and family and consumer sciences) shall expire July 1, 2026. The academic standards under this paragraph shall be based on the provisions of Appendix D-1 (relating to academic standards for family and consumer sciences) on and after July 1, 2026.

(8) Pennsylvania Core Standards for English Language Arts. The English Language Arts standards describe what students should know and be able to do with the English language as follows:

(i) Reading. The application of phonemic awareness, phonics and word study, vocabulary, fluency and text comprehension in reading critically across subject areas; the interpretation and analysis of literary expression with analysis of the origins and structures of the English language and learning how to search a variety of texts to conduct research.

(ii) Writing. Narrative, informational and persuasive formal writing for an audience, including spelling and editing skills; and informal writing to capture and organize information for individual use.

(iii) Speaking and listening. Participation in conversation and formal speaking presentations.

(iv) Academic standards are based on the Pennsylvania Core Standards for English Language Arts in Appendix A-2 (relating to Pennsylvania core standards for English language arts and mathematics).

(9) Pennsylvania Core Standards for Mathematics. The understanding of fundamental ideas and the development of proficient mathematical skills in numbers, computation, measurement, statistics and data analysis, probability and predictions, algebra and functions, geometry, trigonometry and concepts of calculus. Using this content, students will learn to think, reason and communicate mathematically. Students will learn to model real-world situations by creating appropriate representations of numerical quantities and plan and implement problem-solving strategies to answer the question in the context of the situation. Academic standards are based on the Pennsylvania Core Standards for Mathematics in Appendix A-2.

(10) Personal Finance. Understanding the process of planning and managing personal financial activities such as income generation, spending, saving, investing and risk protection. Development of knowledge of personal finance foundations, income, spending, saving and investing, risk and insurance, and credit. Personal finance is also known as personal financial literacy and financial literacy. On and after July 1, 2026, the academic standards under this paragraph shall be based on the provisions of Appendix F (relating to academic standards for personal finance).

(b) In designing educational programs, school entities shall provide for the attainment of the academic standards under subsections (a) and (c) and any additional academic standards as determined by the school entity. Attaining the academic standards in this section requires students to demonstrate the acquisition and application of knowledge.

(c) School entities shall prepare students to attain academic standards in mathematics and English Language Arts in Appendix A-2 and incorporated here by reference and additional standards as may be adopted by the Board and promulgated as amendments to this chapter.

(d) A school entity’s curriculum shall be designed to provide students with planned instruction needed to attain these academic standards.

(e) School entities shall apply academic standards for students in all areas described under subsections (a) and (c). The local assessment plan under § 4.52 (relating to local assessment system) must include a description of how the academic standards will be measured and how information from the assessments is used to assist students having difficulty meeting the academic standards.

(f) School entities shall assess the attainment of academic standards developed under subsections (a) and (c) and any other academic standards that they develop under § 4.52(c) for purposes of high school graduation and strategies for assisting students to attain them. Plans for assessment developed by school entities must take into account that academic standards in subsections (a) and (c) may be attained by students in various ways and shall be assessed in various ways. Children with disabilities may attain the academic standards by completion of their individualized education programs under the Individuals with Disabilities Education Act and this part.

(g) In planning any revision of the academic standards in subsection (a) content areas, the Secretary will consult with educators, business and community leaders and parents.

(h) School entities are responsible under subsections (a), (c) and (f) for assessing individual student attainment of academic standards and for assisting those students having difficulty attaining them. Upon request by a school entity, the Department will provide the requestor with technical assistance in the development of academic standards and assessments that are sufficient to assure that students are making progress toward the attainment of standards required for high school graduation under subsection (f).

(i) No sooner than every 5 years and no later than every 10 years, the Board will review the State academic standards and State assessments under this section to determine if they are appropriate, clear, specific and challenging, and will make revisions as necessary by revising this chapter.

(j) The Department may not expand the collection of student data and, in accordance with section 444 of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 1232g), regarding family educational and privacy rights, may not collect personal family data due to the implementation of Pennsylvania Core Standards in Appendix A-2.

The provisions of this § 4.12 amended under the Public School Code of 1949 (24 P.S. § § 1-101—27-2702).

The provisions of this § 4.12 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended October 15, 2010, effective October 16, 2010, 40 Pa.B. 5903; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946; amended February 7, 2025, effective February 8, 2025, 55 Pa.B. 1234. Immediately preceding text appears at serial pages (410341) to (410345).

This section cited in 22 Pa. Code § 4.3 (relating to definitions); 22 Pa. Code § 4.4 (relating to general policies); 22 Pa. Code § 4.11 (relating to purpose of public education); 22 Pa. Code § 4.26 (relating to ESOL); 22 Pa. Code § 4.31 (relating to career and technical education); 22 Pa. Code § 4.51 (relating to State assessment system); 22 Pa. Code § 4.51a (relating to Pennsylvania System of School Assessment); 22 Pa. Code § 4.52 (relating to local assessment system); and 22 Pa. Code § 4.82 (relating to exceptions).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.13 Strategic plans.

(a) Each school entity shall submit to the Secretary for approval a professional education plan every 3 years as required under § 49.17(a) (relating to continuing professional education). A school entity shall make its professional education plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school entity’s governing board andsubmission of the plan to the Secretary. A school entity shall post the plan approved by its governing board on its publicly accessible website.

(b) Each school entity shall submit to the Department for approval an induction plan every 6 years as required under § 49.16(a) (relating to approval of induction plans). A school entity shall make its induction plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school entity’s governing board and submission of the plan to the Department. A school entity shall post the plan approved by its governing board on its publicly accessible website.

(c) Each school entity shall develop and implement a comprehensive and integrated K—12 program of student services based on the needs of its students every 6 years as provided in § 12.41(a) (relating to student services). A school entity shall make its student services plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school entity’s governing board. A school entity shall post the plan approved by its governing board on its publicly accessible website.

(d) Each school district shall develop, submit to the Department for approval and implement a special education plan every 3 years as required under § 14.104 (relating to special education plans). A school district shall make its special education plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school district’s board of directors and submission of the plan to the Department. A school district shall post the plan approved by its governing board on its publicly accessible website.

(e) Each school district shall develop and implement a gifted education plan every 6 years as required under § 16.4 (relating to gifted education plans). A school district shall make its gifted education plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school district’s board of directors. A school district shall post the plan approved by its governing board on its publicly accessible website.

The provisions of this § 4.13 amended under sections 121, 290.1, 1551, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 2-290.1, 15-1551, 26-2603-B and 26-2604-B).

The provisions of this § 4.13 amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended March 7, 2008, effective February 16, 2008; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended February 7, 2025, effective February 8, 2025, 55 Pa.B. 1234. Immediately preceding text appears at serial pages (410345) to (410346).

This section is cited in 22 Pa. Code § 12.41 (relating to student services); 22 Pa. Code § 14.104 (relating to special education plans); 22 Pa. Code § 16.4 (relating to gifted education plans); 22 Pa. Code § 49.16 (relating to approval of induction plans); and 22 Pa. Code § 49.17 (relating to continuing professional education).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.20 Prekindergarten education.

School districts are not required to offer a prekindergarten program, and parents are not required to enroll their children in those programs if offered. Prekindergarten programs shall be designed so that students complete the program prior to their reaching the school district’s entry age for kindergarten. The program, when offered, must provide a comprehensive program appropriate for the age and varying developmental levels of the students; be based on how young children develop and learn; include instruction to support each child’s development in the areas of approaches to learning—creative expression, language and literacy, math, logic and science, social-personal development and physical development and health—and must be open to children with disabilities.

(1) The Secretary will provide academic standards, appropriate for early learning at the prekindergarten level, as guidance for the use of school districts that offer prekindergarten programs.

(2) Curriculum and instruction in the prekindergarten program must be standards-based.

(3) Prekindergarten programs may be offered to all 3 and 4 year olds or may be targeted to children who are most in need of prekindergarten services who reside in the district. Targeted programs may serve children who are at risk of school failure because of limited English proficiency, community factors, economic disadvantage, but may not exclude or be limited exclusively to children with disabilities. If a program is limited to an attendance area, children with disabilities must live in that attendance area to participate in the program. An attendance area is the geographic area within a school district designated by the school board for the purpose of assigning students to a school.

(4) The Secretary will issue guidance to school districts on developmentally appropriate curriculum, instruction and assessments for prekindergarten.

(5) Each school district that provides prekindergarten shall design an assessment system that includes prekindergarten and uses a variety of assessment strategies, which may include those listed in § 4.52(b) (relating to local assessment system), as appropriate.

(6) Prekindergarten programs must have a student/teacher ratio of no more than 20 students for one teacher and one teacher aide in a classroom (2 adults in a classroom for every 20 students). Programs of high quality ordinarily have a student/teacher ratio of 17 students for one teacher and one teacher aide in a classroom (2 adults for every 17 students). Programs operating under contract with community providers must comply with staffing qualifications as required by § 49.85(e) (relating to limitations).

(7) Beginning in the 2009-2010 school year, a teacher aide in a prekindergarten program shall meet one of the following criteria:

(i) Completion of at least 2 years of postsecondary study.

(ii) Possession of an associate’s degree or higher.

(iii) Ability to meet a rigorous standard of quality and demonstration through a formal State or local academic assessment of knowledge in and ability to assist in instructing reading, writing and mathematics. A rigorous standard of quality includes a demonstration of competence in basic literacy skills, including the ability to speak and write standard English and instruction of prekindergarten students in the acquisition of the knowledge, skills and abilities described in the early learning standards issued under paragraph (1).

(8) The Secretary may approve a meritorious prekindergarten program that does not meet all regulatory requirements for the program when, in the Secretary’s judgment, the program provides high quality learning opportunities for students and meets the following conditions:

(i) The school district has submitted to the Secretary a written request that provides justification for the waiver and includes a description of how the meritorious program will provide high quality learning opportunities for students.

(ii) The approval of the meritorious prekindergarten program is valid only for 1 school year.

(iii) Requests for renewals include evidence of positive student outcomes.

(9) A school district may make individual exceptions to the age of prekindergarten students based upon local policy to permit the enrollment of children under 3 years of age and 5 years of age or older.

(10) A school district planning to offer or contract with a community agency to offer a prekindergarten program shall develop an implementation plan that describes the program and its target population. The plan must identify the facilities, staffing needs and other resources that it will use to deliver the program. The school district shall consult with parents, community agencies and organizations, and child care, early intervention and head start representatives when developing the implementation plan. In years subsequent to the initial year of the program, the implementation plan must be submitted to the Department every 3 years or when the plan is amended, whichever is sooner. A school district shall make the implementation plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school district’s board of directors and submission of the plan to the Department.

(11) School district contracted prekindergarten programs operated by a community provider shall provide a lead teacher for each classroom who meets the following minimum qualifications:

(i) An associate’s degree or greater in early childhood education or child development.

(ii) For programs operating before December 16, 2006, lead teachers shall possess a bachelor’s degree and early childhood certificate as provided in § 49.85(a) on or before December 16, 2011.

(iii) For programs contracted after December 16, 2006, lead teachers shall possess a bachelor’s degree and early childhood certificate as provided in § 49.85 within 5 years from the date students first attend the prekindergarten program.

The provisions of this § 4.20 issued under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B); amended under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.20 adopted December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131. Immediately preceding text appears at serial pages (332269) to (332270) and (350149).

This section cited in 22 Pa. Code § 405.42 (relating to program day and developmentally appropriate instructional practices and activities).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.21 Elementary education: primary and intermediate levels.

(a) The primary program shall ordinarily be completed by children who are approximately 6 years of age. School districts, including charter schools, shall provide opportunities for individualized rates of learning and social and emotional development that reflect differing rates of development and learning styles of young children.

(b) Curriculum and instruction in the primary program must be standards-based and focus on introducing young children to formal education, developing an awareness of the self in relation to others and the environment, and developing skills of communication, thinking and learning. Literacy skills, including phonemic awareness, phonological awareness, fluency, vocabulary and comprehension and developmental writing will begin in prekindergarten and kindergarten, if offered, and developed appropriately for the primary grade level.

(c) The intermediate level program shall ordinarily be completed by children who are approximately 11 years of age.

(d) Standards-based curriculum and instruction in the intermediate level must enable all students to reach the proficient level on the local assessment system and the Statewide assessment system. Academic standards will guide the focus on learning specific subject matter content.

(e) Planned instruction aligned with academic standards in the following areas shall be provided to every student every year in the primary program. Planned instruction may be provided as a separate course or other interdisciplinary activity.

(1) English Language Arts, integrating foundational skills, reading informational text, reading literature, writing, speaking and listening, and information management, including library skills.

(2) Mathematics, including problem-solving and computation skills.

(3) Science, environment and ecology, involving active learning experiences for students.

(4) Technology and engineering education, involving active learning experiences for students.

(5) Social studies (civics and government, economics, geography and history).

(6) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, the prevention of alcohol, chemical and tobacco abuse, knowledge and practice of lifetime physical activities, personal fitness, basic movement skills and concepts, motor skill development, principles and strategies of movement, and safety practices in physical activity settings.

(7) The arts, including active learning experiences in art, music, dance and theatre.

(8) Career education, including exposure to various interpersonal skills and employability skills, career awareness and learning experiences and the educational preparation necessary to achieve those experiences.

(9) Personal finance.

(f) Planned instruction in the following areas shall be provided to every student every year in the intermediate level program. Planned instruction may be provided as a separate course or as an instructional unit within another course or other interdisciplinary instructional activity:

(1) English Language Arts, integrating foundational skills, reading informational text, reading literature, writing, and speaking and listening.

(2) Mathematics, including problem-solving and computation skills.

(3) Science, environment and ecology, including instruction about agriculture and agricultural science.

(4) Technology and engineering.

(5) Social studies (civics and government, economics, geography and history).

(6) The arts, including art, music, dance and theatre.

(7) Understanding and use of library and other information sources.

(8) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, the prevention of alcohol, chemical and tobacco abuse, knowledge and practice of lifetime physical activities, personal fitness, basic movement skills and concepts, motor skill development, principles and strategies of movement and safety practices in physical activity settings.

(9) Personal finance.

(10) Career education, including exposure to various interpersonal skills and employability skills, career awareness and learning experiences and the educational preparation necessary to achieve those experiences.

(g) Planned instruction aligned with academic standards in the following areas shall be provided to every student at least once by the end of elementary school. Planned instruction may be provided as a separate course or as an instructional unit within another course or other interdisciplinary instructional activity. See section 1511 of the School Code (24 P.S. § 15-1511).

(1) History of the United States.

(2) History of the Commonwealth.

(3) Geography.

(4) Civics.

(h) This section does not preclude the teaching of other planned instruction designed to achieve a school entity’s mission, goals and academic standards.

(i) School districts, including charter schools, shall determine the most appropriate way to operate their primary and intermediate level elementary programs to achieve the purposes under subsections (b) and (d) and any mission, goals and academic standards as determined by the school entity.

(j) Students who have not achieved proficiency in reading and mathematics during their primary grades (K-3), as determined by the school entity, shall be afforded additional instructional opportunities through a grade-level learning plan developed by the school entity. The plan will assist the student in acquiring the knowledge and skills necessary to achieve at the proficient level. Assessments to measure proficiency shall be described in the local assessment system under § 4.52 (relating to local assessment system).

(k) Students who have not achieved proficiency in reading and mathematics by the end of grade 5 as determined on State assessments under § 4.51a (relating to Pennsylvania System of School Assessment) shall be afforded instructional opportunities to develop knowledge and skills necessary to achieve the proficient level.

The provisions of this § 4.21 amended under sections 121, 290.1, 1551, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 2-290.1, 15-1551, 26-2603-B and 26-2604-B).

The provisions of this § 4.21 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946; amended February 7, 2025, effective February 8, 2025, 55 Pa.B. 1234. Immediately preceding text appears at serial pages (410348) to (410350).

This section cited in 22 Pa. Code § 4.27 (relating to physical education and athletics).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.22 Middle level education.

(a) The middle level planned instruction aligned with academic standards serves children who are approximately 11—14 years of age. School entities may modify the grouping of students based upon student needs identified by the school entity.

(b) Curriculum and instruction in the middle level program must be standards-based and focus on mastery of academic subjects, the development of critical and creative thinking, information literacy, good health and encourage active participation in the school and community.

(c) Planned instruction aligned with academic standards in the following areas shall be provided to every student in the middle level program. Planned instruction may be provided as a separate course or as an instructional unit within a course or other interdisciplinary instructional activity:

(1) English Language Arts, integrating reading informational text, reading literature, writing, and speaking and listening.

(2) Mathematics, including mathematical reasoning, algebra and problem-solving.

(3) Science, environment and ecology, which involves active learning experiences and which may include laboratory experiments, instruction in agriculture and agricultural science, and political and economic aspects of ecology.

(4) Social studies (civics and government, economics, geography and history, including the history and cultures of the United States, the Commonwealth, and the world).

(5) {Reserved}.

(6) Information skills, including access to traditional and electronic information sources, computer use and research.

(7) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts, motor skill development, safety in physical activity settings, and the prevention of alcohol, chemical and tobacco abuse.

(8) The arts, including art, music, dance and theatre.

(9) Career education, including exposure to various employability skills, career awareness and work-based learning experiences and the educational preparation necessary to achieve those experiences.

(10) Technology and engineering, focusing on the interactions among technology, engineering, society, the environment, and other disciplines, with a goal of developing students that can create, utilize, and assess current and emerging technologies.

(11) Family and consumer sciences, including principles of food science and nutrition, consumer behavior, and basic knowledge of child development, child health and child care skills.

(12) Personal finance.

(d) This section does not preclude the teaching of other planned instruction designed to achieve a school entity’s academic standards.

(e) School entities shall determine the most appropriate way to operate their middle level programs to achieve the purposes under subsection (b) and any additional academic standards as determined by the school entity.

The provisions of this § 4.22 amended under sections 121, 290.1, 1551, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 2-290.1, 15-1551, 26-2603-B and 26-2604-B).

The provisions of this § 4.22 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946; amended February 7, 2025, effective February 8, 2025, 55 Pa.B. 1234. Immediately preceding text appears at serial pages (410350) to (410351).

This section cited in 22 Pa. Code § 4.27 (relating to physical education and athletics).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.23 High school education.

(a) Instruction in the high school program must focus on the development of abilities needed to succeed in work and advanced education through planned instruction.

(b) Curriculum and instruction in the high school must be standards-based and provide all students opportunities to develop the skills of analysis, synthesis, evaluation and problem-solving and information literacy.

(c) Planned instruction aligned with academic standards in the following areas shall be provided to every student in the high school program. Planned instruction may be provided as a separate course or as an instructional unit within a course or other interdisciplinary instructional activity:

(1) English Language Arts, integrating reading informational text, reading literature, writing, and speaking and listening.

(2) Mathematics, including problem-solving, mathematical reasoning, algebra, geometry and concepts of calculus.

(3) Science, environment and ecology, including scientific, social, political and economic aspects of ecology, participation in hands-on experiments and at least one laboratory science chosen from life sciences, earth and space sciences, chemical sciences, physical sciences and agricultural sciences.

(4) Social studies (civics and government, economics, geography and history, including the history and cultures of the United States, the Commonwealth and the world).

(5) {Reserved}.

(6) The arts, including art, music, dance, theatre and humanities.

(7) Use of applications of microcomputers and software, including word processing, database, spreadsheets and telecommunications; and information skills, including access to traditional and electronic information sources, computer use and research.

(8) Health, safety and physical education, including instruction in concepts and skills which affect personal, family and community health and safety, nutrition, physical fitness, movement concepts, motor skill development, safety in physical activity settings, and the prevention of alcohol, chemical and tobacco abuse.

(9) Family and consumer sciences, including principles of food science and nutrition, consumer behavior, and basic knowledge of child development and health, child care and early literacy skill development.

(10) Career education, including exposure to various employability skills, career awareness and work-based learning experiences, and the educational preparation necessary to achieve those experiences.

(11) Personal finance.

(d) The following planned instruction shall be made available to every student in the high school program:

(1) Career and technical education under § § 4.3 and 4.31—4.35.

(2) Business education, including courses to assist students in developing business and information technology skills.

(3) World languages under § 4.25 (relating to languages).

(4) Technology and engineering, focusing on the interactions among technology, engineering, society, the environment, and other disciplines, with a goal of developing individuals that can create, utilize, and assess current and emerging technologies.

(e) College-level advanced placement courses may be offered as planned instruction in the high school curriculum.

(f) This section does not preclude the teaching of other planned instruction designed to achieve a school district’s, including a charter school’s, academic standards.

(g) School districts, including a charter school, shall determine the most appropriate way to operate their high school programs to achieve the purposes under subsection (a) and any additional academic standards as determined by the school entity.

The provisions of this § 4.23 amended under sections 121, 290.1, 1551, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 2-290.1, 15-1551, 26-2603-B and 26-2604-B).

The provisions of this § 4.23 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946; amended February 7, 2025, effective February 8, 2025, 55 Pa.B. 1234. Immediately preceding text appears at serial pages (410351) to (410353).

This section cited in 22 Pa. Code § 4.27 (relating to physical education and athletics).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.24 High school graduation requirements.

(a) Approval. High school graduation requirements and revisions to them shall be approved by a school entity’s governing board no later than the beginning of the 2020-2021 school year, and a copy of the requirements shall be published and distributed to students, parents and guardians. Copies of the requirements also shall be available in each school building or on each school entity’s publicly accessible web site. Changes to high school graduation requirements shall be published and distributed to students, parents and guardians and made available in each school building or on each school entity’s publicly accessible web site immediately following approval by the governing board.

(b) Requirements through the 2021-2022 school year. Each school district, charter school (including a cyber charter school) and ACTS, if applicable, shall specify requirements for graduation. Requirements through the 2021-2022 school year must include course completion and grades, completion of a culminating project, results of local assessments aligned with the academic standards and a demonstration of proficiency in English Language Arts and Mathematics on either the State assessments administered in grade 11 or 12 or local assessments aligned with academic standards and State assessments under § 4.52 (relating to local assessment system) at the proficient level or better to graduate. The purpose of the culminating project is to assure that students are able to apply, analyze, synthesize and evaluate information and communicate significant knowledge and understanding.

(c) Requirements beginning in the 2022-2023 school year.

(1) General. Beginning in the 2022-2023 school year, each school district, charter school (including a cyber charter school) and ACTS, if applicable, shall adopt and implement requirements for high school graduation that, at minimum, include:

(i) Course completion and grades.

(ii) Demonstration of proficiency as determined by the school district, charter school (including a cyber charter school) or ACTS, if applicable, in each of the State academic standards not assessed by a State assessment under § 4.51, § 4.51a or § 4.51b (relating to State assessment system; Pennsylvania System of School Assessment; and Keystone Exams).

(iii) Demonstration of proficiency or above in each of the following State academic standards: English Language Arts and Mathematics (Appendix A-2); through June 30, 2025, Science and Technology and Environment and Ecology (Appendix B), and, beginning July 1, 2025, Science, Environment and Ecology (Appendix B-1), as determined through any one or a combination of the following:

(A) Completion of secondary level coursework in English Language Arts (Literature), Algebra I and Biology in which a student demonstrates proficiency on the associated Keystone Exam or through a pathway established in section 121(c) or (c.1) of the School Code (24 P.S. § § 1-121(c) or (c.1)).

(I) A school district, ACTS or charter school, including a cyber charter school, shall allow a student to take a Keystone Exam prior to taking the course associated with the exam’s content provided that the student achieved a score of advanced on the most recent associated PSSA assessment administered to the student.

(II) A school district, ACTS or charter school, including a cyber charter school, shall allow a student who transfers from another state to take a Keystone Exam prior to taking the course associated with the exam’s content, provided that the student achieved a score comparable to the PSSA’s advanced performance level on a comparable assessment administered by another state.

(III) A school district, ACTS or charter school, including a cyber charter school, may allow a student who scores at the advanced level on a particular Keystone Exam prior to taking the course to be granted course credit for the course without having to complete the course.

(B) Locally approved and administered assessments, which shall be independently and objectively validated once every 6 years. Local assessments may be designed to include a variety of assessment strategies listed in § 4.52(c) and may include the use of one or more Keystone Exams. Except for replacement of individual test items that have a similar level of difficulty, a new validation is required for any material changes to the assessment. Validated local assessments must meet the following standards:

(I) Alignment with the following State academic standards: English Language Arts (Literature and Composition); Mathematics (Algebra I), and Science and Environment and Ecology (Biology).

(II) Performance level expectations and descriptors that describe the level of performance required to achieve proficiency comparable to that used for the Keystone Exams.

(III) Administration of the local assessment to all students, as a requirement for graduation, except for those exempted by their individualized education program under subsection (d), regarding special education students, or gifted individualized education plan as provided in § 16.32 (relating to GIEP).

(IV) Subject to appropriations provided by law, the cost to validate local assessments shall be evenly divided between the school district, ACTS or charter school, including a cyber charter school, and the Department. If the Department does not provide sufficient funding to meet its share, local assessments submitted for validation shall be deemed valid until a new validation is due to the Department.

(V) The Department will establish a list of entities approved to perform independent validations of local assessments in consultation with the Local Assessment Validation Advisory Committee as provided in § 4.52(f).

(VI) School boards shall only approve assessments that have been determined to meet the requirements of this subsection by an approved entity performing the independent validation. If a school district, ACTS or charter school, including a cyber charter school, uses a local assessment that has not been independently validated, the Secretary will direct the school entity to discontinue its use until the local assessment is approved through independent validation by an approved entity.

(d) Special education students. Children with disabilities who satisfactorily complete a special education program developed by an Individualized Education Program team under the Individuals with Disabilities Education Act and this part shall be granted and issued a regular high school diploma by the school district of residence, charter school (including cyber charter school) or ACTS, if applicable. This subsection applies if the special education program of a child with a disability does not otherwise meet the requirements of this chapter.

(e) Demonstration of proficiency. For purposes of this section, a student shall be deemed proficient in the State-assessed standards whenever the student demonstrates proficiency through any of the options in subsection (c)(1)(iii), regardless of the student’s grade level or age.

(f) Transcripts. The performance level demonstrated by a student in each of the state academic standards, including the highest performance level demonstrated by a student on the associated Keystone Exam, may be included on a student’s transcript as determined by each school entity.

(g) Release of scores. This section does not allow for the release of individual student PSSA or Keystone Exam scores to the Department or other Commonwealth entities in accordance with § 4.51(f) and (g).

(h) Supplemental instruction. A student who does not demonstrate proficiency on a Keystone Exam or a locally validated assessment specified in subsection (c) may be offered supplemental instructional support by the student’s school district, ACTS or charter school, including a cyber charter school consistent with section 121(c.4) of the School Code.

(i) Out-of-state transfers. A school district, ACTS or charter school, including a cyber charter school, shall determine whether a student who transfers from an out-of-State school having demonstrated proficiency in coursework and assessments aligned with the academic standards assessed by each Keystone Exam may satisfy the requirements of subsection (c).

(j) Waiver of testing and accountability requirements. In any year in which the Federal government has waived the testing and accountability requirements of the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act (20 U.S.C.A. § § 6301—7981), a student shall not be required to take a Keystone Exam for the purpose established in this section and shall be deemed proficient for purposes of this section by meeting the requirements set forth in section 121.1 of the School Code (24 P.S. § 1-121.1).

The provisions of this § 4.24 amended under section 32 of the act of June 29, 2002 (P.L. 524, No. 88); and sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.24 amended October 25, 2002, effective October 26, 2002, 32 Pa.B. 5266; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 240; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371088) to (371092).

IEP Compliance

Court determined that hearing officer, when reaching the conclusion that the student had completed the graduation requirements, failed to consider whether the requirements of the student’s individualized education program (IEP) were fulfilled, as required by § 4.24(e). Because school district did not fulfill IEP obligation, it was required to pay tuition and fees for a transitional program after high school for one year, which the court found fulfilled the graduation requirements of § 4.24(e), Susquehanna Township School District v. Frances J., 823 A.2d 249, 255-56 (Pa.Cmwlth. 2003).

This section cited in 22 Pa. Code § 4.4 (relating to general policies); 22 Pa. Code § 4.31 (relating to career and technical education); 22 Pa. Code § 4.51b (relating to Keystone Exams); 22 Pa. Code § 4.51d (relating to waivers); and 22 Pa. Code § 4.52 (relating to local assessment system).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.25 Languages.

(a) World language programs must prepare students to be proficient in meeting the World Language Standards issued by the Department and available on its web site. Every school district shall provide planned instruction in at least two languages in addition to English, at least one of which shall be a modern language, and at least one of which shall be offered in a minimum 4-year sequence in the secondary program (middle level and high school).

(b) World language planned instruction under subsection (a) may be offered beginning at any grade level, including the elementary grades.

(c) World Language Standards issued by the Department will address the ability of students to communicate in a language other than English, including the ability to understand and interpret written and spoken language on a variety of topics and to develop knowledge and understanding of other cultures.

(d) As used in this section, the term ‘‘world language’’ means the study of the language, cultures, traditions and histories of different communities of people who communicate in languages other than English. American sign language is a world language.

The provisions of this § 4.25 amended under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 4.25 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (304974).

This section cited in 22 Pa. Code § 4.23 (relating to high school education).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.26 ESOL.

Every school district shall provide a program for each student whose dominant language is not English for the purpose of facilitating the student’s achievement of English proficiency and the academic standards under § 4.12 (relating to academic standards). Programs under this section shall include appropriate bilingual-bicultural or English as a second language (ESL) instruction.

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.27 Physical education and athletics.

(a) Physical education shall be taught as required under § § 4.21(e)(6) and (f)(8), 4.22(c)(7) and 4.23(c)(8) (relating to elementary education: primary and intermediate levels; middle level education; and high school education).

(b) The physical education program must be adapted for students who are medically unable to participate in the regular physical education program.

(c) The physical education program shall provide coeducational instruction, except that separation by sex may be permitted in courses involving contact sports. Separation by sex may not be used to exclude students of either sex from participating in any physical education instruction.

(d) In addition to physical education instruction under subsections (a)—(c), students of both sexes shall have equal access in interscholastic and intramural athletic programs to all of the following:

(1) School facilities.

(2) Coaching and instruction.

(3) Scheduling of practice time and games.

(4) Number of activities at each level of competition.

(5) Equipment, supplies and services.

(6) Funding appropriate to the sport.

(e) School districts may sponsor coeducational teams in interscholastic and intramural sports programs.

(f) Interscholastic and intramural teams playing contact sports may be separated by sex, but this subsection may not be used to exclude students of either sex from participating in a sport.

The provisions of this § 4.27 amended under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 4.27 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (293053).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.28 Special education.

(a) Under the Individuals with Disabilities Education Act and this part, children with disabilities shall be provided an education which enables them to be involved in and progress in the general curriculum under this chapter.

(b) Students who are gifted as defined in this part shall be provided an education that enables them to participate in acceleration or enrichment, or both, as appropriate.

(c) The educational program provided to children with disabilities shall be in accordance with their Individualized Education Programs under the Individuals with Disabilities Education Act and this part, even if the Individualized Education Program does not otherwise meet all requirements of this chapter.

(d) Planned instruction for children with disabilities shall conform to the requirements established for planned courses in § 4.3 (relating to definitions) as it relates to planned instruction.

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.29 HIV/AIDS and other life-threatening and communicable diseases.

(a) Instruction regarding prevention of human immunodeficiency virus (HIV) infection/acquired immunodeficiency syndrome (AIDS) and other life-threatening and communicable diseases shall be given for primary, intermediate, middle school and high school education and shall follow the requirements of subsections (b) and (c).

(b) Educational materials and instruction shall be determined by the local school district and be appropriate to the age group being taught. The program of instruction must include information about the nature of the diseases, treatments and cures, methods of transmission and how infection can be prevented. The school district may omit instruction in the elementary grades on transmission of disease through sexual activity. Programs discussing transmission through sexual activity must stress that abstinence from sexual activity is the only completely reliable means of preventing sexual transmission. Programs must stress that avoidance of illegal drug use is the only completely reliable means of preventing transmission of disease through shared drug paraphernalia.

(c) A school entity shall excuse a pupil from HIV/AIDS instruction when the instruction conflicts with the religious beliefs or principles of the pupil or parent or guardian of the pupil and when excusal is requested in writing. Prior to the commencement of instruction, a school district shall publicize that detailed curriculum outlines and curricular materials used in conjunction with the instruction are available to parents and guardians during normal school hours or at teacher-parent conferences. Curricular materials, if practical, shall be made available by the school entity for home instructional use by a parent or guardian if the student has been excused from the school entity’s HIV/AIDS instruction.

The provisions of this § 4.29 amended under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 4.29 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (252333).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.31 Career and technical education.

(a) Career and technical education courses shall be developed in the planned instruction format and be accessible to all high school students attending those grades in which career and technical education courses are offered. All students and their parents or guardians shall be informed of the students’ rights to participate in career and technical education programs and courses and that students with disabilities enrolled in the programs are entitled to services under Chapter 14 (relating to special education services and programs). Students who complete approved career and technical education programs shall have their occupational competency assessed by completion of the appropriate assessment under the Pennsylvania Skills Certificate Program or by completion of another occupational competency assessment approved by the Department. A student with a disability shall be provided appropriate accommodations when provided for in the student’s individualized education program. Students shall also demonstrate proficiency in meeting academic standards as required under § 4.24 (relating to high school graduation requirements), including § 4.12(f) (relating to academic standards) and § 4.24(d) for students with disabilities with an individualized education program.

(b) Career and technical education courses may be taught at ACTSs or other high schools.

(c) Career and technical education programs must consist of a series of planned academic and career and technical education courses that are articulated with one another so that knowledge and skills are taught in a systematic manner. When appropriate, career and technical education programs must adopt, in program areas for which they are available, industry recognized skills standards and may also include cooperative career and technical education and participation in career and technical student organizations to develop leadership skills.

(d) Career and technical education courses must include content based upon occupational analysis, clearly stated performance objectives deemed critical to successful employment and assessment of student competencies based upon performance standards.

(e) The record of a student enrolled in a career and technical education program must include the student’s educational and occupational objectives and the results of the assessment of student competencies under subsection (d).

(f) Safety education, consisting of safety practices, accident prevention, occupational health habits and environmental concerns shall be integrated into the instruction and practices in career and technical education programs.

(g) School districts and ACTSs administering career and technical education programs shall develop written policies regarding admissions. Course announcements, guidance materials and other communications must convey the philosophy of equal access to students considering enrolling in ACTSs and include a description of admissions policies. The policies must assure that when admissions to ACTSs must be limited, the admissions shall be on a nondiscriminatory basis.

The provisions of this § 4.31 amended under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.31 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371094) to (371095).

This section cited in 22 Pa. Code § 4.23 (relating to high school education); 22 Pa. Code § 4.32 (relating to standards and reports).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.32 Standards and reports.

(a) The Secretary is responsible for the promulgation of standards appropriate for implementing § 4.31 (relating to career and technical education). Present standards, to the extent that they are inconsistent, are superseded by this chapter.

(b) The Secretary will report annually to the Board on the status of career and technical education programs, including tech-prep and apprenticeship programs. Reports will include numbers and types of programs, numbers of students, post-program status of students, Statewide competency standards and assessment information.

The provisions of this § 4.32 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B).

The provisions of this § 4.32 amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial page (371096).

This section cited in 22 Pa. Code § 4.23 (relating to high school education).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.33 Advisory committees.

(a) A school district or ACTS administering or planning to administer career and technical education programs shall appoint a local advisory committee. Membership on the committee shall consist of business and industry representatives, public sector employers, agriculture, labor organizations, community organizations, postsecondary education institutions and the general public. The appointed advisory committee shall meet at least once each year and give advice to the board and the administration concerning the program of the school, including its general philosophy, academic and other standards, course offerings, support services, safety requirements and the skill needs of employers. An advisory committee may serve multiple institutions where employment areas overlap.

(b) An administrative committee, composed of chief school administrators representing participating school districts, shall be included in the organization of each ACTS. The committee shall advise the ACTS board and the administration concerning the educational program and policies of the school.

(c) An occupational advisory committee shall be established for each career and technical education program or cluster of related programs offered by a school district or ACTS. The committee shall be appointed by the board of directors, and a majority of the members of the committee shall be employees and employers in the occupation for which training is provided. The committee shall meet at least twice each year to advise the board, administration and staff on curriculum, equipment, instructional materials, safety requirements, program evaluation and other related matters and to verify that the programs meet industry standards and, if appropriate, licensing board criteria and that they prepare students with occupation related competencies.

The provisions of this § 4.33 amended under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.33 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371096) to (371097).

This section cited in 22 Pa. Code § 4.23 (relating to high school education); 22 Pa. Code § 339.13 (relating to local advisory committee); and 22 Pa. Code § 339.14 (relating to occupational advisory committee).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.34 Programs and equipment.

(a) A satellite career and technical education program may be operated by an ACTS board in conformity with a memorandum of understanding adopted with the participating school district’s board of school directors.

(b) Certified guidance personnel in each secondary school and ACTS shall be assigned responsibility to provide pupils with career and technical education guidance services.

(c) Equipment will be deemed appropriate if it is compatible, insofar as practical, to that used in occupations or households for which career and technical education is provided.

The provisions of this § 4.34 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B).

The provisions of this § 4.34 amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial page (371097).

This section cited in 22 Pa. Code § 4.23 (relating to high school education).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.35 ACTSs.

(a) ACTS attendance areas shall conform to the plan of the State Board of Career and Technical Education. Boards of school directors may petition the State Board of Career and Technical Education for attendance area assignment or reassignment.

(b) The following provisions apply to the establishment of ACTSs:

(1) Where more than one district constitutes an attendance area, the appropriate intermediate unit may, and upon the request of any school district shall, call for an election by the boards of school directors within the attendance area to determine if an ACTS shall be established.

(2) A school district within the attendance area may elect to participate in the establishment of the ACTS.

(3) Where a single school district constitutes an attendance area, the board of school directors of that district may establish and operate ACTSs and be considered an ACTS board.

(c) The following provisions apply to articles of agreement for the establishment and operation of ACTSs:

(1) The boards of school directors of the school districts electing to participate in the ACTS shall enter into a written agreement setting forth rights and obligations of the participating school districts.

(2) No change will be made in the articles of agreement under paragraph (1) without the consent of each participating school district by the affirmative vote of each board of school directors.

(3) No school district may withdraw from the articles of agreement under paragraph (1) without the consent of each participating school district.

The provisions of this § 4.35 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B).

The provisions of this § 4.35 amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial page (371097).

This section cited in 22 Pa. Code § 4.23 (relating to high school education).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.41 Scheduling.

(a) Kindergarten programs shall provide each kindergarten student with at least 2 1/2 hours of instruction each day for the full school term unless the school district, including charter schools, obtains prior Department approval for an alternative kindergarten program.

(b) A school district, including charter schools, shall obtain approval of the Department prior to scheduling 1/2-day sessions other than in kindergarten under subsection (a). A school district is not required to obtain approval of the Department prior to scheduling 1/2 day sessions for prekindergarten under subsection (e).

(c) A school district shall obtain approval of the Department prior to establishing a new school or changing school organization.

(d) Planned instruction offered in summer school may be designed as credit or noncredit offerings.

(e) School districts with prekindergarten programs shall provide prekindergarten students with at least 2 1/2 hours of instruction each day for the full school term unless the school district obtains prior Department approval for an alternative prekindergarten program.

The provisions of this § 4.41 amended under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 4.41 amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542. Immediately preceding text appears at serial pages (252336) to (252337).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.42 Grade structure.

This chapter does not require educational programs to be organized in traditional grades according to students’ chronological ages or academic achievement levels.

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.51 State assessment system.

(a) The State assessment system shall be designed to serve the following purposes:

(1) Provide students, parents, educators and citizens with an understanding of student and school performance consistent with the Every Student Succeeds Act (Pub.L. No. 114-95).

(2) Determine the degree to which school programs enable students to attain proficiency of academic standards under § 4.12 (relating to academic standards).

(3) Provide information to State policymakers, including the General Assembly and the Board, on how effective schools are in promoting and demonstrating student proficiency of academic standards.

(4) Provide information to the general public on school performance.

(5) Provide results to school entities based upon the aggregate performance of all students, for students with an Individualized Education Program (IEP) and for those without an IEP.

(6) Assess student proficiency in the Academic Standards for English Language Arts (Appendix A-2), Mathematics (Appendix A-2), and, through June 30, 2025, Science and Technology and Environment and Ecology (Appendix B), and, beginning July 1, 2025, Science, Environment, Ecology and Technology and Engineering (Appendix B-1) for the purpose of determining, in part, a student’s eligibility for high school graduation.

(b) The State assessment system must include PSSA assessments and Keystone Exams.

(c) Neither State assessments nor academic standards under § 4.12 may require students to hold or express particular attitudes, values or beliefs.

(d) The Department will make samples of State assessment questions, assessment formats and scoring guides available to the public after each administration of State assessments.

(e) To ensure that information regarding student performance is available to parents and teachers, State assessments developed under this section must include student names.

(f) Individual assessment results shall be used in planning instruction only by parents, teachers, administrators and guidance counselors with a need to know based upon local board policy on testing and in reporting academic progress.

(g) The Department and other Commonwealth entities are prohibited from collecting individual student test scores and may collect only aggregate test scores by school and district.

(h) The Board will authorize the expansion of the State assessment system through a revision of this chapter.

(1) The Board will not include National assessments as part of the State assessment system unless, upon consultation with teachers, counselors and parents representing students who have been identified under Chapter 14 (relating to special education services and programs), the Board determines the assessment is an appropriate means of assessing the academic progress of students identified under Chapter 14, or unless the General Assembly authorizes the use of a National assessment.

(2) Subject to paragraph (3), the Board will not, and the Department may not, be a governing state in any consortium for the development of a National assessment for the purpose of utilization as part of the State assessment system.

(3) The Department may continue to participate in a consortium to develop an alternate assessment to measure the academic progress of students identified under Chapter 14.

(i) The Department will implement provisions for security of the State assessment system, including the following:

(1) Action by a professional employee or commissioned officer that is willfully designed to divulge test questions, falsify student scores or in some other fashion compromise the integrity of the State assessment system as determined by the school district, ACTS or charter school, including a cyber charter school, shall be subject to disciplinary action under the Educator Discipline Act (24 P.S. § § 2070.1a—2070.18c).

(2) Cheating by students or employees other than those covered in paragraph (1) shall be subject to disciplinary action by the school district, ACTS or charter school, including a cyber charter school.

(3) Cheating or breaches of assessment security shall be reported to the Secretary as soon as detected.

(j) The Secretary is authorized to establish guidelines for the administration of the State assessment system.

(k) The Secretary will report each September to the Board and the General Assembly information and pertinent data regarding the State assessment system. The Secretary also will provide each school entity information and pertinent data for the school entity and its students.

(l) Children with disabilities and children with limited English proficiency shall be included in the State assessment system as required by Federal law, with appropriate accommodations when necessary. As appropriate, the Commonwealth will develop guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in the PSSA or Keystone Exams as determined by each child’s individualized education program team under the Individuals with Disabilities Education Act and this part.

The provisions of this § 4.51 amended under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.51 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 240; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371098) and (404271) to (404272).

This section cited in 22 Pa. Code § 4.24 (relating to high school graduating requirements); 22 Pa. Code § 4.51b (relating to Keystone Exams); 22 Pa. Code § 14.105 (relating to personnel); and 22 Pa. Code § 19.1a (relating to general provisions).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.51a Pennsylvania System of School Assessment.

(a) All PSSA assessments administered in English Language Arts, Mathematics, and Science, Environment, Ecology, Technology and Engineering will be standards-based and criterion referenced and include essay or open-ended response items in addition to other item formats. The proportion of type of items will vary by grade level. The criteria for judging performance on PSSA assessments are as follows:

(1) Performance on PSSA English Language Arts assessments shall be demonstrated by students’ responses to comprehension questions about age-appropriate reading passages, by their written responses to in-depth comprehension questions about the passages and by the quality of their written compositions on a variety of topics and modes of writing.

(2) Performance on PSSA mathematics assessments shall be demonstrated by students’ responses to questions about grade-appropriate content and by the quality of their responses to questions that require a written solution to a problem.

(3) Performance on PSSA science assessments shall be demonstrated by students’ responses to grade appropriate content and by the quality of their responses to questions that demonstrate knowledge of each category of the standards for science, environment, ecology, technology and engineering.

(4) Performance levels shall be advanced, proficient, basic and below basic. In consultation with educators, students, parents and citizens, the Department will develop and recommend to the Board for its approval specific criteria for advanced, proficient, basic and below basic levels of performance.

(b) The Department will develop or cause to be developed PSSA assessments based on Pennsylvania Core Standards in Mathematics and English Language Arts under § 4.12 (relating to academic standards) and contained in Appendix A-2. Through June 30, 2025, the Department will develop or cause to be developed PSSA assessments based on academic standards in Science, Technology, Environment and Ecology under § 4.12 and contained in Appendix B. Beginning July 1, 2025, the Department will develop or cause to be developed PSSA assessments based on academic standards in Science, Environment, Ecology, Technology and Engineering under § 4.12 and contained in Appendix B-1. In developing PSSA assessments, the Department will consult with educators, students, parents and citizens regarding the specific methods of assessment.

(c) The PSSA assessments shall be administered annually and include assessments of the State academic standards in Mathematics and English Language Arts at grades 3 through 8, and in Science, Environment, Ecology, Technology and Engineering at grades 4 and 8. Beginning in the 2025-2026 school year, the PSSA that assesses State academic standards in Science, Environment, Ecology, Technology and Engineering shall be administered at grade 5 and grade 8 and the PSSA assessment of these standards administered at grade 4 shall be discontinued.

The provisions of this § 4.51a issued under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B); amended under sections 290.1, 1551, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 2-290.1, 15-1551, 26-2603-B and 26-2604-B).

The provisions of this § 4.51a adopted February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946; amended February 7, 2025, effective February 8, 2025, 55 Pa.B. 1234. Immediately preceding text appears at serial pages (410365) to (410366).

This section cited in 22 Pa. Code § 4.21 (relating to elementary education: primary and intermediate levels); and 22 Pa. Code § 4.24 (relating to high school graduation requirements).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.51b Keystone Exams.

(a) The Department will develop or cause to be developed Keystone Exams as provided in this subsection. (This subsection is intended by the Board to be a continuation of § 4.51(f) (relating to State assessment system) as published at 40 Pa.B. 240 (January 9, 2010) and referenced in section 102 of the School Code (24 P.S. § 1-102).)

(1) One assessment aligned with the Mathematics standards, contained in Appendix A-2, that assesses the academic content traditionally included in an Algebra I course.

(2) One assessment aligned with select English Language Arts standards, contained in Appendix A-2, that assesses academic content traditionally included in a high school literature course.

(3) Through June 30, 2025, one assessment aligned with select standards for Science, Technology, Environment and Ecology, contained in Appendix B, that assesses academic content traditionally included in a high school level Biology course. Beginning July 1, 2025, one assessment aligned with select standards for Science, Environment and Ecology, contained in Appendix B-1, that assesses academic content traditionally included in a high school level Biology course.

(b) Keystone Exams shall be offered at least three times each year: once each in the fall, spring and summer.

(c) Keystone Exams shall be administered, reviewed and scored so that scores for candidates for graduation are provided to schools no later than 10 calendar days prior to graduation. A school district, ACTS or charter school, including a cyber charter school, may request the Department to approve alternative test administration and scoring time frames. The Department will publish guidelines and procedures for approving alternative test administration and scoring time frames on its web site. The guidelines will provide for approval of all requests unless the approval is contrary to standards of test validity and scoring.

(d) A student shall be permitted to retake any Keystone Exam, or Keystone Exam module, in which the student did not score proficient or above at the next available testing date. There is not a limit on the number of times a student who did not score proficient on a Keystone Exam is permitted to retake the Keystone Exam or Keystone Exam module. A student who has achieved a score of proficient or advanced on a Keystone Exam shall be permitted to retake a Keystone Exam only if the student or parent submits a request in writing to the school entity.

(e) Each Keystone Exam will be designed in modules that reflect distinct, related academic content that is common to the traditional progression of coursework to allow students who do not score proficient or above to retake those portions of the test in which they did not score proficient or above.

(f) A student taking Keystone Exams, or Keystone Exam modules, who did not score proficient on a Keystone Exam, or Keystone Exam module, may be provided supplemental instruction consistent with the student’s educational program by the student’s school district, ACTS or charter school, including a cyber charter school, consistent with section 121(c.4) of the School Code (24 P.S. § 1-121(c.4)).

(g) Performance levels for Keystone Exams shall be set at the advanced, proficient, basic and below basic levels. In consultation with the Performance Level Advisory Committee, the Department will develop and recommend to the Board for its approval performance level descriptors and performance level cut scores for the Keystone Exams and any alternative assessments developed to assess students with disabilities as permitted by the Every Student Succeeds Act (Pub.L. No. 114-95). The Department will use widely-accepted psychometric procedures to establish the cut scores. Cut scores shall be presented at a public meeting of the Board for its review at least 2 weeks prior to scheduled Board action on the cut scores.

(h) The Department will provide guidance to school districts, ACTSs and charter schools, including cyber charter schools, as to the appropriate accommodations school entities shall provide to students with disabilities, students who are gifted and English language learners, when appropriate.

(i) Beginning in the 2012-2013 school year, Keystone Exams in the following subjects will be developed by the Department and made available for use by school districts, ACTSs and charter schools, including cyber charter schools, for the purpose of assessing high school graduation requirements in § 4.24(c)(1)(iii) (relating to high school graduation requirements):

Algebra I

Literature

Biology

(j) The Department will seek to have the Keystone Exams approved as the high school level single accountability system under the Every Student Succeeds Act (20 U.S.C.A. § § 6301—7981) or its successor Federal statute. If the Keystone Exams receive approval as the high school level accountability measure, school districts, ACTSs and charter schools, including cyber charter schools, shall administer the Literature, Algebra I and Biology exams as end-of-course tests in the grade level in which students complete the relevant coursework.

(k) The 11th grade PSSA exams in Reading, Writing, Math and Science shall be discontinued upon implementation of the Keystone Exams as the approved assessment system under section 1111(b)(2)(C) of the No Child Left Behind Act of 2001 (20 U.S.C.A. § 6311(b)(2)(C)).

(l) At least once every 5 years, the Department will contract with a qualified, independent research organization to perform a validity study of the Keystone Exams using generally accepted education research standards. These studies will determine, at a minimum, the degree to which the Keystone Exams and performance level cut scores are valid for the purposes for which they are used; aligned with State academic standards; aligned with performance levels of other states; internationally benchmarked; and predict college and career success. In addition, all Keystone Exams, performance level descriptors and cut scores will be subject to the best available forms of content, criterion and consequential validation.

(m) The Department will establish a State Assessment Validation Advisory Committee (Committee). The Committee will advise the Department on its plans to conduct the validity study and review and provide feedback on its findings.

(n) The Department and the Committee will investigate the use of a certificate based on industry approved standards and performance on an NOCTI exam as an alternative pathway to graduation and will make a report and recommendation to the Board by January 10, 2011.

The provisions of this § 4.51b issued under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B).

The provisions of this § 4.51b adopted February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371101) to (371104).

This section cited in 22 Pa. Code § 4.4 (relating to general policies); 22 Pa. Code § 4.24 (relating to high school graduation requirements); 22 Pa. Code § 4.51c (relating to project-based assessment); and 22 Pa. Code § 4.51d (relating to waivers).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.51c Project-based assessment.

The Department will develop a project-based assessment system that is aligned with the modules for the Keystone Exams in Literature, Algebra I and Biology. School entities may utilize project-based assessments for students consistent with section 121(c.5) of the School Code (24 P.S. § 1-121(c.5)).

The provisions of this § 4.51c issued under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B).

The provisions of this § 4.51c adopted February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371104) to (371105).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.51d Waivers.

A chief school administrator, in his sole discretion, may waive the requirements in § 4.24 (relating to high school graduation requirements) consistent with section 121(c.3) of the School Code (24 P.S. § 1-121(c.3)). The following apply:

(1) The chief school administrator of each school district, ACTS and charter school, including a cyber charter school, shall annually report to the Department the number of waivers granted to students in the most recent graduating class consistent with section 121(c.11)(6) of the School Code, and the Department will annually report to the Board the number of waivers granted by each school district, ACTS and charter school, including a cyber charter school.

(2) The waiver process described in this section does not confer an individual right on any student.

(3) The decision of a chief school administrator concerning a waiver request is not an adjudication.

The provisions of this § 4.51d issued under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B).

The provisions of this § 4.51d adopted February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371105) to (371106).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.52 Local assessment system.

(a) Each school entity shall design an assessment system to do the following:

(1) Determine the degree to which students are achieving academic standards under § 4.12 (relating to academic standards). The school entity shall provide assistance to students not attaining academic standards at the proficient level or better.

(2) Use assessment results to improve curriculum and instructional practices and to guide instructional strategies.

(3) Provide information requested by the Department regarding the achievement of academic standards, but which does not include student names, identification numbers or individually identifiable information.

(4) Provide summary information, including results of assessments under this section, to the general public regarding the achievement of students, but which does not include student names, identification numbers or individually identifiable information.

(b) The local assessment system shall be approved by the board of school directors, at minimum, once every 6 years and implemented no later than 1 year after the approval date.

(c) The local assessment system shall be designed to include a variety of assessment strategies which may include the following:

(1) Written work by students.

(2) Scientific experiments conducted by students.

(3) Works of art or musical, theatrical or dance performances by students.

(4) Other demonstrations, performances, products or projects by students related to specific academic standards.

(5) Examinations developed by teachers to assess specific academic standards.

(6) Nationally-available achievement tests.

(7) Diagnostic assessments.

(8) Evaluations of portfolios of student work related to achievement of academic standards.

(9) Other measures as appropriate, which may include standardized tests.

(d) Individual test information shall be maintained in a student’s educational record in a manner consistent with section 444 of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 1232g) and 34 CFR Part 99 (relating to family educational rights and privacy).

(e) Children with disabilities shall be included in the local assessment system, with appropriate accommodations, when necessary. As appropriate, the school district, including a charter school, including a cyber charter school, or ACTS shall develop guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in the local assessment as determined by each child’s Individualized Education Program team under the Individuals with Disabilities Education Act and this part.

(f) The Department will establish a Local Assessment Validation Advisory Committee (Committee). The Committee will develop the criteria for the local validation process and criteria for selection of approved validation entities as provided in § 4.24(c)(1)(iii)(B) (relating to high school graduation requirements). The Department, in consultation with the Committee, will establish a list of entities approved to perform independent validations of local assessments. The Committee will submit its recommendations for approval or disapproval to the Board. The Department will post the approved criteria, selection criteria and list of approved entities on its web site.

The provisions of this § 4.52 amended under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.52 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended January 8, 2010, effective January 9, 2010, 40 Pa.B. 240; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131; amended July 15, 2022, effective July 16, 2022, 52 Pa.B. 3946. Immediately preceding text appears at serial pages (371106) to (371108).

This section cited in 22 Pa. Code § 4.12 (relating to academic standards); 22 Pa. Code § 4.20 (relating to prekindergarten education); 22 Pa. Code § 4.21 (relating to elementary education: primary and intermediate levels); 22 Pa. Code § 4.24 (relating to high school graduation requirements); and 22 Pa. Code § 14.105 (relating to personnel).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.61 School profiles.

(a) School profiles developed by the Secretary will include information as required under section 220 of the School Code (24 P. S. § 2-220).

(b) The Secretary will prescribe procedures for reporting State assessment data to schools and communities.

(c) The Secretary will make available to the public, and report to the public with the same frequency and in the same detail as for children who are nondisabled, all data as required under the Individuals with Disabilities Education Act.

The provisions of this § 4.61 amended under sections 121, 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 1-121, 26-2603-B and 26-2604-B).

The provisions of this § 4.61 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872; amended February 28, 2014, effective March 1, 2014, 44 Pa.B. 1131. Immediately preceding text appears at serial pages (346993) to (346994).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.71 Certification by principal of nonpublic nonlicensed school.

Elementary or secondary nonpublic nonlicensed schools, shall, within 30 days of beginning classes, file a notarized certificate with the Secretary as required by section 1327(b)(1) and (2) of the School Code (24 P. S. § 13-1327(b)(1) and (2)) in the form prescribed by the Secretary.

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.72 Credentials other than the high school diploma.

The requirements for a Commonwealth secondary school diploma are as follows:

(1) The Commonwealth secondary school diploma may be issued to an applicant who is a resident of this Commonwealth and does not possess a secondary school diploma upon presentation of evidence of full matriculation and the satisfactory completion of a minimum of 1 full year or 30 semester hours of study at an accredited institution of postsecondary education.

(2) In addition to the provisions of paragraph (1), the Commonwealth secondary school diploma may be issued to an applicant who is a resident of this Commonwealth, does not possess a secondary school diploma and is not enrolled in a public, licensed private, registered accredited or licensed nonpublic secondary school upon earning a passing score as determined by the Department on the high school level tests of General Educational Development (GED). A person 18 years of age or older may qualify for GED testing upon request. A person between 16 and 18 years of age may qualify for GED testing upon the issuance of a court order or at the written request of one of the following:

(i) An employer who requires a high school equivalency credential for job opportunities.

(ii) An official of an accredited institution of postsecondary education which accepts applicants on the basis of GED test scores.

(iii) A recruiting officer of a branch of the armed forces that requires a high school equivalency credential for entry of new recruits.

(iv) The director of a State institution on behalf of residents, patients or inmates.

(3) The Department will not ordinarily issue a diploma until after the high school class of which the applicant was a member has been graduated. This restriction may be waived by the Department upon the recommendation of the school district for persons between 16 and 18 years of age who meet the higher education or GED requirements for the secondary school diploma.

This section cited in 22 Pa. Code § 4.74 (relating to students in special situations).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.73 Correspondence schools.

An applicant 18 years of age or older will be issued a Certificate of Preliminary Education upon presentation to the Department of evidence of the issuance of a high school diploma by an accredited private correspondence school licensed or approved by the State Board of Private Licensed Schools.

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.74 Students in special situations.

(a) A foreign student without educational credentials may earn the Commonwealth secondary school diploma by meeting the requirements under § 4.72 (relating to credentials other than the high school diploma).

(b) A graduate of a secondary school in another state which is not on an approved list of secondary schools may earn an appropriate credential by passing an examination administered by the education agency of that state or by its designee or by meeting the requirements for the Commonwealth secondary school diploma under § 4.72.

(c) Credit granted by a public school in this Commonwealth shall be accepted by all public schools and institutions in this Commonwealth upon the transfer of a student.

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.81 Allegations of deficiencies.

(a) The Secretary will receive and investigate allegations of curriculum deficiencies from professional employees, commissioned officers, parents of students or other residents of a school entity.

(b) The Secretary will notify the school entity’s superintendent or chief executive of allegations and may require the superintendent or chief executive to submit one or more of the following:

(1) Relevant descriptions of planned instruction.

(2) A series of written articulated courses of instructional units.

(3) Relevant student assessment information.

(4) Information on staff assignments.

(5) Other information pertinent to investigating a specific allegation.

(c) If the Secretary determines that a curriculum deficiency exists, the school entity shall be required to submit to the Secretary for approval a plan to correct the deficiency.

(d) Within 1 year of the implementation of a corrective action plan under subsection (c), the Secretary will review the actions taken to correct the deficiency. If the deficiency remains uncorrected, the Secretary will send a formal notice of deficiency to the governing board of the school entity, and the notice shall be announced at the meeting of the school entity’s governing board immediately following its receipt.

(e) If the school entity does not take appropriate actions to correct the deficiency after the notice of deficiency is announced, the Secretary will take action under State law.

The provisions of this § 4.81 amended under the Public School Code of 1949 (24 P. S. 26-2603-B).

The provisions of this § 4.81 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial page (286559).

Inapplicable Offense

Educator’s argument that the offensive conduct of manufacturing of grades was a curriculum deficiency that should be resolved under the Academic Standards and Assessment Chapter of the Administrative Code is misplaced. The conduct is properly prosecuted under the Teacher Certification Law. Seltzer v. Department of Education, 782 A.2d 48 (Pa. Cmwlth. 2001).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.
22 Pa. Code § 4.82 Exceptions.

(a) The Secretary may grant exceptions to specific provisions of this chapter when it is necessary to adapt them to the curriculum needs of individual school entities or to facilitate transition to the revised provisions of this chapter. Specific exception may be made for school entities that develop or implement academic standards that are comparable to or exceed those found in § 4.12 (relating to academic standards). Exceptions may be granted under the following conditions:

(1) The request for an exception must be in writing and include relevant information supporting the need for the exception.

(2) The exception will be valid for a limited term not to exceed 2 years.

(3) The request shall be made prior to initiating the action requiring approval and shall have the prior approval of the board of school directors.

(b) The Secretary will report annually to the Board on the nature and status of requests for exceptions under this section.

The provisions of this § 4.82 amended under the Public School Code of 1949 (24 P.S. 26-2603-B).

The provisions of this § 4.82 amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 872. Immediately preceding text appears at serial pages (286559) to (286560).

History

  • Authority: The provisions of this Chapter 4 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 4 adopted January 15, 1999, effective January 16, 1999, 29 Pa.

Chapter 8 Criminal History Background Checks

22 Pa. Code § 8.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Applicant—A person who has submitted a job application to a school entity for a position which involves direct contact with children. Criminal history background check—A report of criminal history record information from, or a statement that no information is on file with, the State Police; or, for nonresidents of this Commonwealth, a report of Federal criminal history record information from, or a statement that no information is on file with, the Federal Bureau of Investigation. Direct contact with children—Possibility of care, supervision, guidance or control of children by a paid employe or contractor of, or an employe of a person under contract with, a school entity, and routine interaction with children by a paid employe of a school entity or a person under contract with a school entity. School entity—A school district, intermediate unit, area vocational-technical school or private school administrative unit. Substitute list—A list, approved by the hiring authority of a school entity, containing names of persons eligible to serve the school entity as substitute teachers or temporary replacements for other employes.

This section cited in 22 Pa. Code § 101.142 (relating to additional staff application materials).

History

  • Authority: The provisions of this Chapter 8 issued under section 111 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 8 adopted August 3, 1990, effective August 4, 1990, 20 Pa.
22 Pa. Code § 8.2 Responsibilities of school entity.

(a) School entities shall require a criminal history background check prior to hiring an applicant or accepting the services of a contractor, if the applicant, contractor or contractor’s employes would have direct contact with children. The criminal history background check may not be more than 1 year old at the time of employment or engagement of contracted services.

(1) A criminal history background check is not required when an employe, contractor or contractor’s employe, initially employed or engaged on or after January 1, 1986, continues to be employed within the same school entity but is moved from one site to another if the following apply:

(i) The employe, contractor or contractor’s employe has previously submitted the original of a criminal history background check in accordance with section 111 of the Public School Code of 1949 (24 P. S. § 1-111).

(ii) A copy of the criminal history background check is maintained by the administrators of the school entity.

(2) If an employe, contractor or contractor’s employe does not have direct contact with children, a criminal history background check is not required. A criminal history background check is required in accordance with section 111 of the Public School Code of 1949 before the employe, contractor or contractor’s employe is permitted direct contact with children due to transfer, changed circumstances or for another reason.

(3) A criminal history background check is required only prior to the initial hiring of a substitute and remains in effect as long as the substitute continues to be employed by the same school entity. However, when a substitute seeks to have his name added to another school entity’s substitute list, the substitute shall provide a current criminal history background check to the additional school entity. The fact that a substitute appears on one school entity’s substitute list is not sufficient evidence to allow another school entity to add his name to its substitute list.

(b) The procedure which school entities shall follow in receiving criminal history background checks is as follows:

(1) The applicant or potential contractor may present a copy of his criminal history background check with an initial application, but shall present the original criminal history background check to the school entity prior to employment or engagement of services.

(2) The school entity shall make and keep a copy of the original in the applicant’s or potential contractor’s file.

(3) The school entity shall mark the copy with the date copied and note the name of the administrator of the school entity who has seen the original.

(4) The school entity shall return the original to the applicant or potential contractor for subsequent use.

(c) Prior to employing a person who would have direct contact with children, and prior to utilizing an employe in a manner which would cause an employe to have direct contact with children for the first time, a contractor at a school entity shall obtain a criminal history background check on each employe and present it to the school entity in the same manner as provided in subsection (b) for applicants and potential contractors.

(d) The commissioned officer or administrative head of each school entity is responsible for maintaining the confidentiality of the criminal history background check. The criminal history background check is not available to anyone who is not directly involved in making hiring decisions.

(e) A school entity may not employ an applicant who would have direct contact with children if the applicant’s criminal history background check states that the applicant has been convicted of a crime specified in section 111(e) of the Public School Code of 1949, or an equivalent Federal or out-of-State crime, within 5 years or less of the date of a criminal history background check.

(f) A school entity may not engage or utilize the services of a contractor who would have direct contact with children or permit an employe of the contractor to have direct contact with children if the contractor or the contractor’s employe’s criminal history background check states that the contractor or contractor’s employe has been convicted of a crime specified in section 111(e) of the Public School Code of 1949, or an equivalent Federal or out-of-State crime, within 5 years or less of the date of a criminal history background check.

(g) The school entity shall notify the applicant in writing if the decision not to hire or employ the applicant is based in whole or in part on the criminal history background check.

This section cited in 22 Pa. Code § 101.142 (relating to additional staff application materials).

History

  • Authority: The provisions of this Chapter 8 issued under section 111 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 8 adopted August 3, 1990, effective August 4, 1990, 20 Pa.
22 Pa. Code § 8.3 Exceptions.

To be exempt from the requirements of presenting a criminal history background check, all of the following requirements shall be met:

(1) The applicant is 20 years of age or younger.

(2) The applicant would be employed for a period of 90 days or less.

(3) The applicant is part of a job development or job training program, or both, funded in whole or in part by public or private sources.

This section cited in 22 Pa. Code § 101.142 (relating to additional staff application materials).

History

  • Authority: The provisions of this Chapter 8 issued under section 111 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 8 adopted August 3, 1990, effective August 4, 1990, 20 Pa.
22 Pa. Code § 8.4 Rules of construction.

(a) No provision of this chapter may be construed to make submission of a criminal history background check by a person continuously employed by a school entity since January 1, 1986 a condition of the employe’s continued employment with the school entity.

(b) No provision of this chapter may be construed to obviate compliance with or to excuse a person or school entity from failure to comply with section 111 of the Public School Code of 1949 (24 P. S. § 1-111), between January 1, 1986 and August 4, 1990.

This section cited in 22 Pa. Code § 101.142 (relating to additional staff application materials).

History

  • Authority: The provisions of this Chapter 8 issued under section 111 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 8 adopted August 3, 1990, effective August 4, 1990, 20 Pa.

Chapter 10 Safe Schools

22 Pa. Code § 10.1 Purpose.

The purpose of this chapter is to establish and maintain a cooperative relationship between school entities and local police departments in the reporting and resolution of incidents that occur on school property, at a school sponsored activity or on a conveyance as described in the Safe Schools Act, such as a school bus, providing transportation to or from a school or school sponsored activity.

History

  • Authority: The provisions of this Chapter 10 issued under section 1302.
  • Source: The provisions of this Chapter 10 adopted July 20, 2012, effective July 21, 2012, 42 Pa.
22 Pa. Code § 10.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Charter school—A charter school or cyber charter school as defined in section 1703-A of the Charter School Law (24 P. S. § 17-1703-A). Chief school administrator—The superintendent of a public school district, executive director of an area vocational-technical school, executive director of an intermediate unit or chief executive officer of a charter school. IEP—Individualized education program. Incident—An instance involving one or more of the following:

(i) An act of violence.

(ii) The possession of a weapon by a person.

(iii) The possession, use or sale of a controlled substance or drug paraphernalia as defined in section 2 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § 780-102).

(iv) The possession, use or sale of alcohol or tobacco by a person on school property.

(v) Conduct that constitutes an offense under section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act (24 P. S. § 13-1303-A(b)(4.1) and (4.2)). Local police department—A police department having jurisdiction over school property of the school entity. Memorandum of understanding—A confirmation of mutually agreed upon terms between two or more parties in the form of a document mutually agreed to by a school entity and a local police department as required under section 1303-A(c) of the Safe Schools Act. Positive behavior support plan—A plan for a student with a disability or eligible young child who requires specific intervention to address behavior that interferes with learning. A plan is developed by the IEP team, based on a functional behavior assessment and becomes part of the individual eligible young child’s or student’s IEP. A plan includes methods that utilize positive reinforcement and other positive techniques to shape a student’s or eligible young child’s behavior ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards. See § § 14.133 and 711.46 (relating to positive behavior support). Protected handicapped student—A student who meets the definition of ‘‘protected handicapped student’’ under § 15.2 (relating to definitions), including a protected handicapped student attending a charter school, or for whom an evaluation is pending. Safe Schools Act—Article XIII-A of the School Code (24 P. S. § § 13-1301-A—13-1313-A). School-based diversion program—A program that, in partnership with other stakeholders, diverts youth out of the juvenile justice system. A program may include a youth aid panel in which a panel of community members decides an appropriate resolution to hold a student accountable for the student’s actions by, among other options, requiring the student to complete educational activities, community service, restitution and any other related program or service. School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). School entity—A public school district, intermediate unit, area vocational-technical school or charter school. School-wide positive behavior support—A school-wide, evidence-based and data-driven approach to improving school behavior that seeks to reduce unnecessary student disciplinary actions and promotes a climate of greater productivity, safety and learning. Student with a disability—A student who meets the definition of ‘‘student with a disability’’ under § 14.101 (relating to definitions), the definition of ‘‘child with a disability’’ under § 711.1 (relating to definitions) or for whom an evaluation is pending.

History

  • Authority: The provisions of this Chapter 10 issued under section 1302.
  • Source: The provisions of this Chapter 10 adopted July 20, 2012, effective July 21, 2012, 42 Pa.
22 Pa. Code § 10.11 Memorandum of understanding.

(a) Each chief school administrator shall execute and update, on a biennial basis, a memorandum of understanding with each local police department having jurisdiction over school property of the school entity.

(b) A memorandum of understanding between a school entity and a local police department, including its development and implementation, must meet the requirements of section 1303-A(c) of the Safe Schools Act (24 P. S. § 13-1303-A(c)).

(c) In developing a memorandum of understanding to execute with a local police department, a school entity shall consult and consider the model memorandum of understanding promulgated by the Board in Appendix A (relating to model memorandum of understanding).

(d) On a biennial basis, a school entity shall file with the Department’s Office for Safe Schools a memorandum of understanding with each local police department having jurisdiction over property of the school entity. As part of its filing with the Department, a school entity shall identify substantive differences between the memorandum of understanding adopted by the school entity and the model memorandum of understanding and provide a statement of reasons for the differences.

(e) The Board, on a biennial basis, will review and, as necessary, revise its model memorandum of understanding in Appendix A. As part of its biennial review, the Board will consider the memoranda of understanding filed by school entities with the Department’s Office for Safe Schools and statements explaining school entities’ reasons for adopting memoranda of understanding having substantive differences with the model memorandum of understanding.

History

  • Authority: The provisions of this Chapter 10 issued under section 1302.
  • Source: The provisions of this Chapter 10 adopted July 20, 2012, effective July 21, 2012, 42 Pa.
22 Pa. Code § 10.21 Immediate notification.

(a) The chief school administrator, or a designee, shall immediately notify the local police department when an offense listed in section 1303-A(b)(4.1) of the Safe Schools Act (24 P. S. § 13-1303-A(b)(4.1)) occurs on school property, at a school sponsored activity or on a conveyance as described in the Safe Schools Act, such as a school bus, providing transportation to or from a school or school sponsored activity.

(b) Notification shall be made to the local police department by the most expeditious means practicable.

(c) As part of its notification of the incident to the local police department, the chief school administrator or a designee shall provide as much of the information in this subsection as is available at the time of notification. The gathering of information should not unnecessarily delay notification.

(1) Whether the incident is in-progress or has concluded.

(2) Nature of the incident.

(3) Exact location of the incident.

(4) Number of persons involved in the incident.

(5) Names and ages of the individuals involved.

(6) Weapons involved in the incident.

(7) Whether the weapons have been secured and the custodian of the weapons.

(8) Injuries.

(9) Whether emergency medical services or the fire department was notified.

(10) Identity of the school contact person.

(11) Identity of the witnesses.

(12) Whether the incident involves a student with a disability, the type of disability and its impact on the student’s behavior.

(13) Other information as is known to the school entity and believed to be relevant to the incident.

(d) In responding to students who commit an incident listed in section 1303-A(b)(4.1) of the Safe Schools Act, a school entity may consider the propriety of utilizing available school-based programs, such as school-wide positive behavior supports, to address the student’s behavior and shall notify the local police department of the student’s placement in the program. This subsection does not limit law enforcement’s discretion.

History

  • Authority: The provisions of this Chapter 10 issued under section 1302.
  • Source: The provisions of this Chapter 10 adopted July 20, 2012, effective July 21, 2012, 42 Pa.
22 Pa. Code § 10.22 Discretionary notification.

(a) The chief school administrator, or a designee, may notify the local police department having jurisdiction when an offense listed in section 1303-A(b)(4.2) of the Safe Schools Act (24 P. S. § 13-1303-A(b)(4.2)) occurs on school property, at a school sponsored activity or on a conveyance as described in the Safe Schools Act, such as a school bus, providing transportation to or from a school or school sponsored activity.

(b) In determining whether to notify the local police department of an incident described in subsection (a), the chief school administrator, or a designee, may consider the following factors:

(1) The seriousness of the situation.

(2) The school’s ability to defuse or resolve the situation.

(3) The child’s intent.

(4) The child’s age.

(5) Whether the student has a disability, the type of disability and its impact on the student’s behavior.

(6) Other factors believed to be relevant.

(c) In making a determination whether to notify law enforcement when an offense listed in section 1303-A(b)(4.2) of the Safe Schools Act occurs on school property, at a school sponsored activity or on a conveyance as described in the Safe Schools Act, such as a school bus, providing transportation to or from a school or school sponsored activity, and to the extent that it has authority, a school entity may consider addressing the student’s behavior through the use of available school-based diversion programs and available school-wide positive behavior supports.

(d) Upon notification of the incident to the local police department, the chief school administrator or a designee shall provide as much of the information in this subsection as is available at the time of notification. The gathering of information should not unnecessarily delay notification.

(1) Whether the incident is in-progress or has concluded.

(2) Nature of the incident.

(3) Exact location of the incident.

(4) Number of persons involved in the incident.

(5) Names and ages of the individuals involved.

(6) Weapons involved in the incident.

(7) Whether the weapons have been secured and the custodian of the weapons.

(8) Injuries.

(9) Whether emergency medical services or the fire department was notified.

(10) Identity of the school contact person.

(11) Identity of the witnesses.

(12) Whether the incident involves a student with a disability, the type of disability and its impact on the student’s behavior.

(13) Other information known to the school entity and believed to be relevant to the incident.

History

  • Authority: The provisions of this Chapter 10 issued under section 1302.
  • Source: The provisions of this Chapter 10 adopted July 20, 2012, effective July 21, 2012, 42 Pa.
22 Pa. Code § 10.23 Response and handling of a student with a disability.

(a) A school entity shall provide to each local police department having jurisdiction over property of the school entity a copy of its procedures on behavior support services (see § 14.104 (relating to special education plans)) by September 30, 2012. Thereafter, a school entity shall provide to each local police department a copy of its procedures on behavior support services each time the procedures are revised by the school entity.

(b) A school entity shall invite representatives of each local police department having jurisdiction over property of the school entity to participate in trainings in the use of positive behavior supports, de-escalation techniques and appropriate responses to student behavior that may require immediate intervention, as provided by the school entity’s special education plan (see § 14.104) and the school entity’s positive behavior support program (see § § 14.133 and 711.46 (relating to positive behavior support)).

(c) When a student with a disability commits an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act (24 P. S. § 13-1303-A(b)(4.1) and (4.2)), the school entity shall respond in a manner that is consistent with the training provided in accordance with the school entity’s special education plan (see § 14.104) and, if applicable, with the procedures, methods and techniques defined in the student’s behavior support plan (see § § 14.133 and 711.46).

(d) When a protected handicapped student commits an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act, the school entity, including a charter school, shall respond in a manner that is consistent with the student’s service agreement (see § § 15.2 and 15.7 (relating to definitions; and service agreement)).

(e) For a student with a disability who has a positive behavior support plan, upon notification to a local police department that a student with a disability has committed an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act, a school entity shall act in accordance with § 14.133(h) or § 711.46(h).

(f) For a protected handicapped student whose service agreement includes a positive behavior support plan, upon notification to a local police department that a protected handicapped student has committed an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act, a school entity, including a charter school, shall act in accordance with § 15.3 (relating to general).

(g) For a student with a disability who does not have a positive behavior support plan, upon notification to a local police department that a student with a disability has committed an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act, the school entity shall convene the student’s IEP team. At this meeting, the IEP team shall consider whether a positive behavior support plan should be developed to address the student’s behavior.

(h) For a protected handicapped student whose service agreement does not include a positive behavior support plan, upon notification to a local police department that a protected handicapped student has committed an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act, the school entity, including a charter school, in consultation with the student’s parents, shall consider whether a positive behavior support plan should be developed as part of the service agreement to address the student’s behavior.

History

  • Authority: The provisions of this Chapter 10 issued under section 1302.
  • Source: The provisions of this Chapter 10 adopted July 20, 2012, effective July 21, 2012, 42 Pa.
22 Pa. Code § 10.24 Emergency and nonemergency response and preparedness.

(a) Each school district, in cooperation with the local emergency management agency and the Pennsylvania Emergency Management Agency, shall develop and implement a comprehensive disaster response and emergency preparedness plan as required under 35 Pa.C.S. § 7701(g) (relating to duties concerning disaster prevention). The plan shall be reviewed annually and modified as necessary.

(b) A school district’s comprehensive disaster response and emergency preparedness plan shall be consistent with the guidelines developed by the Pennsylvania Emergency Management Agency and other applicable State requirements as required under 35 Pa.C.S. § 7701(g).

(c) In developing a comprehensive disaster response and emergency preparedness plan, a school district shall consider the framework presented in the National Incident Management System.

(d) A school district shall provide the emergency management agency of every county of which the school district is a part a copy of the district’s comprehensive disaster response and emergency preparedness plan as required under 35 Pa.C.S. § 7701(g).

(e) A school district shall provide to each local police department and each local fire department having jurisdiction over geographic territory of which the school district is a part a copy of the district’s comprehensive disaster and response emergency preparedness plan.

(f) In an emergency, a school district shall follow the procedures in its comprehensive disaster response and emergency preparedness plan adopted under 35 Pa.C.S. § 7701(g).

(g) By September 30 of each year, a school entity shall assemble and make ready for immediate deployment to the Incident Command Post, that is, a physical location established in accordance with the school entity’s plan adopted under 35 Pa.C.S. § 7701(g) to manage an emergency incident or disaster, the following information for the purpose of assisting local police and fire departments in responding to an emergency:

(1) Blueprints or floor plans of the school buildings.

(2) Aerial photo, map or layout of the school campus, adjacent properties and surrounding streets or roads.

(3) Locations of predetermined or prospective command posts.

(4) Current teacher/employee roster.

(5) Current student roster.

(6) Most recent school yearbook.

(7) School fire-alarm shutoff location and procedures.

(8) School sprinkler system shutoff location and procedures.

(9) Gas/utility line layouts and shutoff valve locations.

(10) Cable/satellite television shutoff location and procedures.

(11) Other information the school entity deems pertinent to assist local police and fire departments in responding to an emergency.

History

  • Authority: The provisions of this Chapter 10 issued under section 1302.
  • Source: The provisions of this Chapter 10 adopted July 20, 2012, effective July 21, 2012, 42 Pa.
22 Pa. Code § 10.25 Notification to parents/guardians.

(a) A school entity shall immediately notify, as soon as practicable, the parent or guardian of a victim or suspect directly involved in an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act (24 P.S. § 13-1303-A(b)(4.1) and (4.2)). In making the notification, the school entity shall inform the parent or guardian as to whether the local police department having jurisdiction over property of the school entity has been, or may be, notified of the incident.

(b) A school entity shall document attempts made to reach the parent or guardian of a victim or suspect directly involved in an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act.

I. Introduction

A. Parties

The following Law Enforcement Authority or Authorities agree to follow the policies and procedures contained in this Memorandum of Understanding (hereinafter ‘‘Memorandum’’):

History

  • Authority: The provisions of this Chapter 10 issued under section 1302.
  • Source: The provisions of this Chapter 10 adopted July 20, 2012, effective July 21, 2012, 42 Pa.

Chapter 11 Student Attendance

22 Pa. Code § 11.1 School term.

Public prekindergartens, when offered, and kindergartens, elementary and secondary schools shall be kept open each school year for a minimum of 180 days of instruction for students. Days may not be counted as days taught on which the schools are closed, and time may not be counted as a student session for an activity to which admission is charged. However, when a meritorious educational program warrants, the Secretary may, upon request, approve a school term containing a minimum of 990 secondary or 900 elementary and 450 kindergarten hours of instruction as the equivalent of 180 school days. A Prekindergarten Program may be exempted from this requirement when approval as a meritorious prekindergarten is granted as provided in § 4.20(8) (relating to prekindergarten education).

The provisions of this § 11.1 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of The Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.1 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542. Immediately preceding text appears at serial page (307700).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.2 School day.

Instruction time for students shall be time in the school day devoted to instruction and instructional activities provided as an integral part of the school program under the direction of certified school employees.

The provisions of this § 11.2 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1330, 1372, 1511 and 2603-B of The Public School Code of 1949 (24 P. S. § § 13-1327, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.2 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; corrected January 2, 1987, effective December 20, 1986, 17 Pa.B. 20; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (279550) and (244451).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.3 Minimum required hours.

(a) Minimum hours of instruction time for students shall be as follows:

(b) Schools with grade level configurations that differ from those outlined in subsection (a) (for example, K-8), are required to meet the minimum annual hourly requirements for each specified grade level.

The provisions of this § 11.3 amended under section 2603-B of The Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 11.3 amended through November 3, 1978, effective November 4, 1978, 8 Pa.B. 3021; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542. Immediately preceding text appears at serial page (307701).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.4 Early withdrawal for postsecondary institution attendance.

Students attending a postsecondary institution full-time prior to graduation from high school shall be dropped from the membership roll of the district at the time they stop attending school.

The provisions of this § 11.4 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of The Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.4 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (244451).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.5 Part-time attendance for potential graduates.

(a) Students of school age may qualify for graduation by attending the public school part-time when lawfully employed part-time or when officially enrolled in a postsecondary institution part-time. For reimbursement purposes, membership in the public school shall be calculated by counting the time the students spend in the public school on a pro rata basis.

(b) Public schools that offer students enrollment at a postsecondary institution as part of the high school program and pay the tuition, fees, and textbooks on behalf of students may continue to include the students in their average daily membership.

The provisions of this § 11.5 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of The Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.5 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (244451) to (244452).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.6 Part-time enrollment of alternative education students.

Students may be allowed to attend public school less than full-time because of participation in a Department approved alternative program operated by a public school or a private alternative education institution as provided by section 1903-E of the Public School Code of 1949 (24 P. S. § 19-1903-E). For reimbursement purposes, the students may be counted as in full membership.

The provisions of this § 11.6 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of The Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1351, 15-1511 and 26-2603-B).

The provisions of this § 11.6 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (244452).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.7 Religious objections.

Students shall be excused from instruction as provided by § 4.4(d)(3) (relating to general policies).

The provisions of this § 11.7 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.7 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (244452).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.8 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Instructional activities—The term includes the following:

(i) Classroom instruction and instructional activities provided under the direction of certified school employees.

(ii) Student services, such as guidance and counseling services, psychological services, speech pathology and audiology services and student health services.

(iii) Opening exercises.

(iv) Homeroom periods.

(v) Supervised study halls.

(vi) Assemblies.

(vii) Clubs, student councils and similar activities conducted during school hours.

(viii) School, group or class educational trips, to which admission is not charged to students or parents and a certified school employee accompanies the students.

(ix) Civil defense, fire, bus evacuation and similar drills.

(x) Prekindergarten or kindergarten orientation, snack-time and play-time if they are an integral part of the kindergarten curriculum.

(xi) Up to 3 days for graduation preparation by students in graduating classes, so long as the preparation occurs within 60 days of the commencement ceremony and under the supervision of certified school employees.

(xii) Early dismissal and delayed opening due to inclement weather. Meritorious educational program—An educational program that, in the opinion of the Secretary, warrants an exception to the dates and times of school terms and sessions as provided in section 1504(a) of the Public School Code of 1949 (24 P. S. § 15-1504(a)). Out-of-school programs—Programs conducted off school grounds, such as cooperative education, job shadowing, internships, community exploration, registered apprenticeships and community service-learning designed to provide students with real world experiences under the general supervision of professional school staff. Postsecondary institution—A community college, 2-year college, college, university or other authorized degree granting institution approved by the Department in accordance with Chapters 31 and 40 (relating to higher education general provisions; and institutional approval). Prekindergarten—A program operated by a school district or by a community agency under contract from a school district that is open to children who are at least 3 years of age and completed prior to the school district’s entry age for kindergarten.

The provisions of this § 11.8 adopted under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 11.8 adopted October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542. Immediately preceding text appears at serial pages (307703) to (307704).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.9 Prekindergarten exception.

A school district may make individual exceptions to the age of prekindergarten students based upon local policy to permit the enrollment of children under age 3 and over age 5.

The provisions of this § 11.9 adopted December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542.

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.11 Entitlement of resident children to attend public schools.

(a) Entitlement.

(1) A school age child is entitled to attend the public schools of the child’s district of residence. A child’s district of residence is that in which the parents or the guardian resides. When the parents reside in different school districts due to separation, divorce or other reason, the child may attend school in the district of residence of the parent with whom the child lives for a majority of the time, unless a court order or court approved custody agreement specifies otherwise. If the parents have joint custody and time is evenly divided, the parents may choose which of the two school districts the child will enroll for the school year. If the child is an emancipated minor, the resident school district is the one in which the child is then living. For purposes of this section, an emancipated minor is a person under 21 years of age who has chosen to establish a domicile apart from the continued control and support of parents or guardians. A minor living with a spouse is deemed emancipated.

(2) Transportation for students must be provided consistent with the policy of the school district that the students are attending.

(b) Enrollment. A school district or charter school shall normally enroll a child the next business day, but no later than 5 business days of application. The school district or charter school has no obligation to enroll a child until the parent, guardian or other person having control or charge of the student making the application has supplied proof of the child’s age, residence, and immunizations as required by law. School districts and charter schools receiving requests for educational records from another school district or charter school shall forward the records within 10 business days of receipt of the request.

(c) Nonresident children. The requirement of subsection (b) applies equally to nonresident children who are children living in facilities or institutions as defined in § 11.18 (relating to nonresident child living in facilities or institutions), or foster homes, or with a district resident who is supporting the child without personal compensation as defined in § 11.19 (relating to nonresident child living with a district resident), provided that the person making the application has supplied the documentation required by law.

(d) Immigration status. A child’s right to be admitted to school may not be conditioned on the child’s immigration status. A school may not inquire regarding the immigration status of a student as part of the admission process. This provision does not relieve a student who has obtained an F-1 visa from the student’s obligation to pay tuition under Federal law.

(e) Home language survey. A school entity shall administer a home language survey to all students seeking first time enrollment in its schools in accordance with requirements of the United States Department of Education’s Office for Civil Rights.

The provisions of this § 11.11 amended under section 1317(a) of The Administrative Code of 1929 (71 P.S. § 367(a)) (Repealed); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.11 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (244452) and (271457).

Out-of-State Schools

Order of State Board of Education disclaiming authority to decide upon continuance of school board’s practice of utilizing out-of-state schools to educate some of district’s children is not a regulation and does not give school district sole discretion over the assignment of students to attend out-of-state schools. Wayne Highlands School v. Department of Education, 488 A.2d 1172 (Pa. Cmwlth. 1985).

This section cited in 22 Pa. Code § 11.18 (relating to nonresident children living in facilities or institutions); and 22 Pa. Code § 11.19 (relating to nonresident child living with a district resident).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.12 School age.

School age is the period of a child’s life from the earliest admission age to a school district’s kindergarten program until graduation from high school or the end of the school term in which a student reaches the age of 21 years, whichever occurs first.

The provisions of this § 11.12 amended under section 1317(a) of The Administrative Code of 1929 (71 P.S. § 367(a)) (Repealed); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.12 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (271457).

This section cited in 22 Pa. Code § 16.1 (relating to definitions).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.13 Compulsory school age.

Except as otherwise provided by law, compulsory school age refers to the period of a child’s life from the time the child enters school (which may be no later than at the age of 6 years), until the age of 18 or graduation from a high school, whichever occurs first.

The provisions of this § 11.13 amended under section 1317(a) of The Administrative Code of 1929 (71 P.S. § 367(a)) (Repealed); and sections 1326, 1327, 1330, 1372, 1511, 2103(8), 2603-B and 2604-B(b)(2)(v) of the Public School Code of 1949 (24 P.S. § § 13-1326, 13-1327, 13-1330, 13-1372, 15-1511, 21-2103(8), 26-2603-B and 26-2604-B(b)(2)(v)).

The provisions of this § 11.13 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended December 12, 2014, effective December 13, 2014, 44 Pa.B. 7670; amended November 4, 2022, effective November 5, 2022, 52 Pa.B. 6844. Immediately preceding text appears at serial page (375312).

When a child was denied admittance to kindergarten on the basis of age after transferring to a different school district, he was not denied equal protection since compulsory attendance for ‘‘beginners’’ did not pertain to kindergarten students. O’Leary v. Wisecup, 364 A.2d 770 (Pa. Cmwlth. 1976).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.14 Admission to kindergarten when provided.

When kindergarten is provided, the board of school directors shall establish the district’s minimum entry age to kindergarten. The minimum entry age to kindergarten may not be less than 4 years, no months, before the first day of the school term. The district’s maximum entry age to kindergarten must be less than the district’s entry age for beginners.

The provisions of this § 11.14 amended under section 1317(a) of The Administrative Code of 1929 (71 P.S. § 367(a)) (Repealed); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.14 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (271458).

A child is not statutorily entitled to a kindergarten education, and enrollment in kindergarten does not, therefore, create a property interest on behalf of the student. O’Leary v. Wisecup, 364 A.2d 770 (Pa. Cmwlth. 1976).

Age classification established by a district is valid if grounded on some reasonable basis, and the fact that the classification made by the state is not perfect or results in inequality in practice does not offend the Constitution. O’Leary v. Wisecup, 364 A.2d 770 (Pa. Cmwlth. 1976).

Section 11.14 provides that the board of school directors shall establish the minimum entry age for kindergarten in the district. The term ‘‘board of school directors’’ in § 11.14 may not be construed to include the board of trustees at a cyber charter school. Therefore, a district is not obligated to fund a kindergarten program offered by a cyber charter school for a student who does not meet the minimum entry age requirement as set forth by the board of school directors. Slippery Rock Area School Dist. v. Pennsylvania Cyber Charter School, 31 A.3d 657, 665-67 (Pa. 2011).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.15 Admission of beginners.

The board of school directors shall establish the district’s minimum entry age for beginners, which may not be less than a chronological age of 5 years and 7 months before September 1, nor more than 6 years, no months, before the first day of the school term of the district. The board of school directors shall permit a child of beginners’ age to attend the district’s first grade and may not require the child to attend kindergarten, prefirst grade, transitional class or other grade or class that is not regular first grade without parental consent.

The provisions of this § 11.15 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.15 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (271458) and (279551).

This section cited in 22 Pa. Code § 14.101 (relating to definitions).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.16 Early admission of beginners.

The board of school directors of a school district may, upon parental request and when recommended by a public school psychologist and approved by the district superintendent of schools, admit as a beginner a child with a chronological age of 5 years and who has demonstrated readiness for entry as of the first day of the district’s school term. A board of school directors is not required to admit a child as a beginner whose chronological age is less than the district’s established admission age for beginners.

The provisions of this § 11.16 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.16 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (279551).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.18 Nonresident children living in facilities or institutions.

(a) The board of school directors of a school district in which there is located a licensed shelter, group home, maternity home, residence, facility, orphanage or other institution for the care or training of children or adolescents, shall admit to the district’s public schools school age children who are living at or assigned to the facility or institution and who are residents of the district or another school district in this Commonwealth.

(b) The board of school directors of a school district in which a day treatment program, operated under approval from the Department of Public Welfare by a private children and youth agency, is located may purchase educational services for a child referred to the program under section 1310(b) of the Public School Code of 1949 (24 P. S. § 13-1310(b)).

(c) If the school district of residence of a child living at or assigned to a facility or institution, as described in subsection (a) or (b), cannot be determined, but it is decided by the Secretary that the child is a resident of this Commonwealth, the child shall be permitted to attend the public schools of the district. A child covered by this subsection shall include a child whom the Secretary finds to have been placed by the child’s resident parents or guardian in the care or custody of a Commonwealth facility and subsequently abandoned or deserted.

(d) The enrollment requirements outlined in § 11.11 (relating to entitlement of resident children to attend public schools) also apply to nonresident children living in facilities or institutions.

The provisions of this § 11.18 issued under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372 and 1511 of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372 and 15-1511); amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 11.18 adopted December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceeding text appears at serial pages (279551) to (279552).

This section cited in 22 Pa. Code § 11.11 (relating to entitlement of resident children to attend public schools).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.19 Nonresident child living with a district resident.

(a) A nonresident child is entitled to attend the district’s public schools if that child is fully maintained and supported in the home of a district resident as if the child were the resident’s own child and if the resident receives no personal compensation for maintaining the student in the district. Before accepting the child as a student, the board of school directors of the district shall require the resident to file with the secretary of the board of school directors either appropriate legal documentation to show dependency or guardianship or a sworn statement that the child is a resident of the district, the child is supported fully without personal compensation or gain, and that the resident will assume all personal obligations for the child relative to school requirements and intends to so keep and fully support the child continuously and not merely through the school term. The resident’s receipt of public payments, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), maintenance on public or private health insurance, pre-adoptive support or other payments for or on account of the child, may not be deemed to be personal compensation or gain under this section. The school board may require other reasonable information to be submitted by the resident to substantiate the sworn statement in accordance with guidelines established by the Department, as authorized by section 1302(2) of the Public School Code of 1949 (24 P. S. § 13-1302(2)).

(b) The enrollment requirements outlined in § 11.11 (relating to entitlement of resident children to attend public schools) also apply to a nonresident child living with a district resident.

The provisions of this § 11.19 issued under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a) (Repealed)); and sections 1327, 1330, 1372 and 1511 of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372 and 15-1511); amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 11.19 adopted December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceeding text appears at serial page (279552).

Child Support Payments

Trial court erred in concluding that child, residing in school district with grandmother, was ineligible to enroll or receive free school privileges based on fact that grandmother received child support payments from child’s mother; mother’s financial contribution was court-ordered support to provide for child care expenses, not to compensate grandmother who supported child gratis, acted as child’s sole caregiver, provided all of his daily needs, and assumed all responsibilities for making education-related decisions. Velazquez v. East Stroudsburg, 949 A.2d 354, 359 (Pa. Cmwlth. 2008).

This section cited in 22 Pa. Code § 11.11 (relating to entitlement of resident children to attend public schools).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.20 Nonimmunized children.

(a) A child may not be admitted to or permitted to attend a public, private, nonpublic, special education or vocational school unless the immunization, exemption, temporary waiver or provisional admission requirements of the Department of Health in 28 Pa. Code Chapter 23, Subchapter C (relating to immunization) have been met.

(b) A child who has been admitted to school or permitted attendance in violation of this section may not be counted toward receipt of Commonwealth reimbursement for the period of the admission or attendance.

The provisions of this § 11.20 issued under section 1317(a) of The Administrative Code of 1929 (71 P.S. § 367(a) (Repealed)); and sections 1327, 1330, 1372 and 1511 of the Public School Code of 1949 (24 P.S. § § 13-1327, 13-1330, 13-1372 and 15-1511); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B).

The provisions of this § 11.20 adopted December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798; amended June 2, 2017, effective August 1, 2017, 47 Pa.B. 3091. Immediately preceeding text appears at serial page (338214).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.21 Religious holidays and religious instruction.

(a) Upon written parental request, and in accordance with the policies of the district’s board of school directors, students may be excused from school for religious holidays observed by bona fide religious groups.

(b) Upon written parental request, a student shall be excused from school to attend classes for religious instruction under section 1546 of the Public School Code of 1949 (24 P. S. § 15-1546). The excusal shall be limited to a total of not more than 36 hours per school year.

(c) A student’s absence from school for religious holidays or for religious instruction shall be recorded as an excused absence. A penalty may not be attached to an absence for religious holidays or instruction.

The provisions of this § 11.21 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a) (Repealed)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.21 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (244457) to (244458).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.22 Tutorial work.

(a) Upon written parental request, a student may be excused during school hours for the purpose of receiving tutorial instruction in a field not offered in the district’s curricula only if the following requirements are met:

(1) The excusal does not interfere with the student’s regular program of studies.

(2) The qualifications of the instructor are approved by the district superintendent.

(b) A school district may adopt additional conditions for excusal that it deems reasonable.

The provisions of this § 11.22 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.22 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (244458).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.23 Health care.

Upon written parental request, a student may be excused during school hours for the purpose of obtaining professional health care or therapy service only if the following requirements are met:

(1) The health or therapeutic services are to be rendered by Commonwealth licensed practitioners.

(2) It is not practical or possible for the student to receive the services outside of school hours.

(3) The time of necessary absence from school involves a minimum of interference with the student’s regular program of studies.

The provisions of this § 11.23 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.23 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (244458) and (252441).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.24 Unaccounted absences.

Students whose names are on the active membership roll, who are at anytime in the school term absent from school for 10 consecutive school days, shall thereafter be removed from the active membership roll unless one of the following occurs:

(1) The district has been provided with evidence that absence may be legally excused.

(2) Compulsory attendance prosecution has been or is being pursued.

The provisions of this § 11.24 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.24 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (252441).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.25 Temporary excusals due to illness or other urgent reasons.

(a) A principal or teacher may, upon receipt of satisfactory evidence of mental, physical or other urgent reasons, excuse a student for nonattendance during a temporary period, but the term ‘‘urgent reasons’’ shall be strictly construed and does not permit irregular attendance. A school district shall adopt rules and procedures governing temporary excusals that may be granted by principals and teachers under this section. Temporary excusals may not exceed 3 months.

(b) A school district, area vocational technical school, charter or independent school may provide students temporarily excused under this section with homebound instruction for a period not to exceed 3 months. A school district, area vocational technical school, charter or independent school may request approval from the Department to extend the provision of homebound instruction, which shall be reevaluated every 3 months. When a student receives homebound instruction, the student may be counted for attendance purposes as if in school. A school district shall be reimbursed for homebound instruction provided to a student under section 2510.1 of the Public School Code of 1949 (24 P. S. § 25-2510.1).

(c) A school district shall adopt policies that describe the instructional services that are available to students who have been excused under this section. The policies must include statements that define the responsibilities of both the district and the student with regard to these instructional services.

The provisions of this § 11.25 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.25 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (252441) to (252442).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.26 Nonschool district sponsored educational tours and trips.

(a) A school district may excuse a student from school attendance to participate in a non-school district sponsored educational tour or trip, if the following conditions are met:

(1) The student’s parent or guardian prior to the tour or trip submits to the school district a written request for the excusal.

(2) The student’s participation on the tour or trip has been approved by the district superintendent or a designee.

(3) There is an adult who is directing and supervising the student during the tour or trip who is acceptable to both the parents or guardian and the district superintendent.

(b) A school district may limit the number and duration of tours or trips for which excused absences may be granted to a student during the school term.

The provisions of this § 11.26 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.26 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (252442).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.27 Graduation.

The intent of this section is to specify the effect of graduation on membership for the purpose of calculating school subsidies.

(1) A student’s graduation from high school signifies both the student’s fulfillment of the high school graduation requirements set forth in Chapter 4 (relating to academic standards and assessment) and the end of the student’s membership in a school district for the purpose of State subsidy reimbursement. A graduating student’s date of graduation shall be that of the commencement ceremony of the student’s high school.

(2) This paragraph applies to a graduating high school student who is attending an area vocational technical school (AVTS). If the AVTS instructional calendar extends beyond the student’s high school commencement date, for purposes of determining whether the student has received 180 days of instruction and for purposes of determining State subsidy computation, the student may be maintained in membership at the AVTS until the end of the AVTS calendar.

(3) Graduating students may be counted as in attendance for no more than 3 days of commencement preparation. Commencement preparation may be held on Saturdays within 60 days of the commencement ceremony. During commencement preparation days, students shall be under the supervision of certificated school district employees.

(4) School districts, AVTSs and charter schools may permit students with disabilities identified under Chapter 14 (relating to special education program and services) to participate in graduation ceremonies with their graduating class, even though they will not be awarded a diploma and will continue to receive educational services under Chapter 14. The participation of those students in graduation ceremonies does not preclude the school district from counting those students in its membership for subsidy purposes.

The provisions of this § 11.27 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.27 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (252442) and (244461).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.28 Out-of-school programs and part-time employment.

(a) Out-of-school programs. For reimbursement purposes, students engaged part-time in an out-of-school program shall be counted as if in regular school attendance. The programs must be arranged as an integral part of the school curricula and shall be properly supervised by a certificated employee. Students attending school and enrolled in supervised programs may be counted as in full membership.

(b) Part-time employment. A student may be excused on a part-time basis from public school attendance to pursue non-school district supervised outside employment. For reimbursement purposes, membership in the public schools shall be calculated by counting the students only for those periods while they are in school. Excusal of students to pursue non-school district supervised outside employment shall be consistent with the applicable provisions of section 1330 of the Public School Code of 1949 (24 P. S. § 13-1330) as they relate to excusals from compulsory attendance for purposes of employment and with the school district’s rules governing excusals. Students excused on a full-time basis may not be counted as in membership.

The provisions of this § 11.28 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.28 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (244461).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.31 Students not enrolled in public schools due to private tutoring.

(a) Private tutoring requirements.

(1) The instruction of students not enrolled in public schools due to private tutoring by a qualified tutor under section 1327 of the Public School Code of 1949 (24 P. S. § 13-1327) must include for elementary school level students: English, including spelling, reading and writing; arithmetic; geography; the history of the United States and Pennsylvania; science; civics, including loyalty to the State and National government; safety education, including regular and continuous instruction in the dangers and prevention of fires; health, including physical education and physiology; music; and art.

(2) For secondary school level students, the instruction must include: art; English; health; mathematics; music; physical education; science; and social studies, including civics, world history, United States and Pennsylvania history.

(3) The instruction may include, at the discretion of the tutor, economics, biology, chemistry, foreign languages, trigonometry or other age appropriate planned instruction as contained in Chapter 4 (relating to academic standards and assessment).

(4) The instruction must be given during the school year for a minimum of 180 days of instruction or for a minimum of 900 hours of instruction for an elementary level student and a minimum of 990 hours of instruction for a secondary level student as the equivalent of 180 days of instruction.

(b) Documentation regarding private tutoring.

(1) School district approval is not required to commence private tutoring.

(2) The parent shall provide written assurance that the instructional requirements listed in this section have been met.

(3) When a superintendent receives a complaint that a student is not being provided instruction for the time prescribed or that a student is not making satisfactory progress in the tutoring program, the superintendent may request evidence of student academic progress and documentation that instruction is provided for the required number of days and hours.

(4) Evidence of satisfactory progress may include samples of student work, assessments, progress reports, report cards and evaluations.

(5) Documentation of instructional time may include logs maintained by the tutor or parent, attendance records or other records indicating the dates and time instruction was provided.

The provisions of this § 11.31 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.31 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (244462).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.31a Students not enrolled in public schools due to participation in a home education program.

Students of compulsory school age participating in a home education program are subject to sections 1327(d) and 1327.1 of the Public School Code of 1949 (24 P. S. § § 13-1327(d) and 1327.1). School district approval is not required to commence home education programs.

The provisions of this § 11.31a issued under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 11.31a adopted October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798.

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.32 Students attending nonpublic or private schools.

A child of compulsory school age regularly attending full-time a nonpublic school that is in compliance with section 1327(b) of the Public School Code of 1949 (24 P. S. § 13-1327(b)) or an accredited or licensed private school, in which the instruction prescribed by statute and this part is taught, shall be in compliance with the compulsory attendance requirements.

The provisions of this § 11.32 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.32 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (244462) and (279553).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.33 Dual enrollment students enrolled part-time in the public schools.

For reimbursement purposes, membership and attendance of nonpublic school students, students in a private tutoring program under section 1327 of the Public School Code of 1949 (24 P. S. § 13-1327), and students in a home education program under section 1327.1 of the Public School Code of 1949 (24 P. S. § 13-1327.1), lawfully enrolled part-time in the public schools, shall be calculated by counting the time the students spend in the public school program on a pro rata basis.

The provisions of this § 11.33 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.33 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (279553).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.34 Excusals from attendance for other than temporary reasons.

(a) A school district may excuse a school age child from compulsory school attendance upon recommendation of the school physician and a psychiatrist or public school psychologist, or both, and with the approval of the Secretary. The excusal, which shall be reevaluated every 3 months, may be extended upon the recommendation of the school physician and with the approval of the Secretary. Children so excused shall be entered on the inactive roll.

(b) Prior to seeking excusal and the Secretary’s approval, the school district shall provide the child’s parents with written notice of both the proposed excusal, including the reasons for the excusal, and an opportunity to be heard. For a child enrolled in special education, the notice and opportunity to be heard shall be governed by § § 14.161 and 14.162 (relating to prehearing conferences; and impartial due process hearing and expedited due process hearing).

The provisions of this § 11.34 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.34 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (279553).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.41 School district policies and rules.

(a) Each school board shall adopt written policies concerning district child accounting, attendance, admission, excusal and program procedures as necessary to implement this chapter. The policies shall be a matter of public record.

(b) Each school board shall adopt, and distribute yearly to parents, written rules governing student admissions, attendance, absences and excusals, that are in conformity with this chapter.

(c) Each school board shall adopt a written policy permitting students to be excused for participation in agricultural fairs in conformity with section 1329(b) of the Public School Code of 1949 (24 P. S. § 13-1329(b)).

The provisions of this § 11.41 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

The provisions of this § 11.41 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial page (279554).

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.
22 Pa. Code § 11.51 Exceptions.

The Secretary, in conformity with authority given under statute, may grant exceptions to this chapter as are necessary to adopt them to a school district’s needs.

The provisions of this § 11.51 issued under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 1330, 1372 and 1511 of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372 and 15-1511).

The provisions of this § 11.51 adopted December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874.

History

  • Authority: The provisions of this Chapter 11 issued under section 408.
  • Source: The provisions of this Chapter 11 adopted September 12, 1969; amended August 3, 1973, effective August 4, 1973, 3 Pa.

Chapter 12 Students and Student Services

22 Pa. Code § 12.1 Free education and attendance.

(a) All persons residing in this Commonwealth between the ages of 6 and 21 years are entitled to a free and full education in the Commonwealth’s public schools.

(b) Parents or guardians of all children between the ages of 6 and 18 are required by the compulsory attendance law to ensure that their children attend an approved educational institution, unless legally excused. Students who have not graduated may not be asked to leave school merely because they have reached 18 years of age if they are fulfilling their responsibilities as students. A student may not be excluded from the public schools or from extracurricular activities because:

(1) The student is married.

(2) The student is pregnant.

(3) The student has a disability as identified by Chapter 15 (relating to protected handicapped students).

(4) The student is an eligible student identified under Chapter 14 (relating to special education services and programs).

The provisions of this § 12.1 amended under sections 2603-B and 2604-B(b)(2)(v) of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B(b)(2)(v)).

The provisions of this § 12.1 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658; amended November 4, 2022, effective November 5, 2022, 52 Pa.B. 6844. Immediately preceding text appears at serial page (336402).

This section cited in 22 Pa. Code § 12.6 (relating to exclusions from school).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.2 Student responsibilities.

(a) Student responsibilities include regular school attendance, conscientious effort in classroom work and homework, and conformance to school rules and regulations. Most of all, students are responsible to share with the administration and faculty a responsibility to develop a climate within the school that is conducive to wholesome learning and living.

(b) No student has the right to interfere with the education of fellow students. It is the responsibility of each student to respect the rights of teachers, students, administrators and all others who are involved in the educational process.

(c) Students should express their ideas and opinions in a respectful manner.

(d) It is the responsibility of the students to conform to the following:

(1) Be aware of all rules and regulations for student behavior and conduct themselves in accordance with them. Students should assume that, until a rule is waived, altered or repealed in writing, it is in effect.

(2) Volunteer information in matters relating to the health, safety and welfare of the school community and the protection of school property.

(3) Dress and groom to meet standards of safety and health, and not to cause substantial disruption to the educational processes.

(4) Assist the school staff in operating a safe school for the students enrolled therein.

(5) Comply with Commonwealth and local laws.

(6) Exercise proper care when using public facilities and equipment.

(7) Attend school daily and be on time at all classes and other school functions.

(8) Make up work when absent from school.

(9) Pursue and attempt to complete satisfactorily the courses of study prescribed by local school authorities.

(10) Report accurately in student media.

(11) Not use obscene language in student media or on school premises.

The provisions of this § 12.2 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.2 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial pages (279556) and (293057).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.3 School rules.

(a) The governing board has the authority to make reasonable and necessary rules governing the conduct of students in school. The rulemaking power, however, is not unlimited; it must operate within statutory and constitutional restraints. A governing board has only those powers that are enumerated in the statutes of the Commonwealth, or that may reasonably be implied or necessary for the orderly operation of the school.

(b) Governing boards may not make rules that are arbitrary, capricious, discriminatory or outside their grant of authority from the General Assembly. A rule is generally considered reasonable if it uses a rational means of accomplishing some legitimate school purpose.

(c) Each governing board shall adopt a code of student conduct that includes policies governing student discipline and a listing of students’ rights and responsibilities as outlined in this chapter. This conduct code shall be published and distributed to students and parents or guardians. Copies of the code shall also be available in each school library.

The provisions of this § 12.3 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.3 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (293057).

Scope of Authority

The board of school directors exceeded its authority in adopting its ‘‘zero tolerance policy,’’ where the policy failed to provide the superintendent with discretion to recommend a modification to the policy’s 1-year expulsion requirement for possession of a weapon. Lyons v. Penn Hills School District, 723 A.2d 1073 (Pa. Cmwlth. 1999); appeal denied 740 A.2d 235 (Pa. 1999).

Sufficient Notice

The District’s distribution of its drug and alcohol policy in the student handbook provided to all students—of which Appellant student acknowledged seeing—satisfied any legal requirement as to notice of the District’s policy. T. S. v. Penn Manor School District, 798 A.2d 837 (Pa Cmwlth. 2002); appeal denied 812 A.2d 1232 (Pa. 2002).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.4 Discrimination.

Consistent with the Pennsylvania Human Relations Act (43 P. S. § § 951—963), a student may not be denied access to a free and full public education, nor may a student be subject to disciplinary action on account of race, sex, color, religion, sexual orientation, national origin or disability.

The provisions of this § 12.4 amended under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 12.4 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (293058).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.5 Corporal punishment.

(a) Corporal punishment is defined as physically punishing a student for an infraction of the discipline policy. Use of corporal punishment is prohibited.

(b) Teachers and school authorities may use reasonable force under the following circumstances:

(1) To quell a disturbance.

(2) To obtain possession of weapons or other dangerous objects.

(3) For the purpose of self-defense.

(4) For the protection of persons or property.

The provisions of this § 12.5 amended under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 12.5 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (293058).

Teacher Disability

The pretermination procedures afforded a tenured school teacher, who, after being warned, continued to use excessive force on students in violation of the policy on corporal punishment, did not violate due process. Kramer v. Newman, 840 F.Supp. 325 (E. D. Pa. 1993); affirmed 16 F.2d 404 (3rd. Cir. (Pa.)).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.6 Exclusions from school.

(a) The governing board shall define and publish the types of offenses that would lead to exclusion from school. Exclusions affecting certain students with disabilities shall be governed by § 14.143 (relating to disciplinary placements) and 34 CFR 300.519—300.529 (relating to discipline procedures).

(b) Exclusion from school may take the form of suspension or expulsion.

(1) Suspension is exclusion from school for a period of from 1 to 10 consecutive school days.

(i) Suspensions may be given by the principal or person in charge of the public school.

(ii) A student may not be suspended until the student has been informed of the reasons for the suspension and given an opportunity to respond. Prior notice of the intended suspension need not be given when it is clear that the health, safety or welfare of the school community is threatened.

(iii) The parents or guardians and the superintendent of the district shall be notified immediately in writing when the student is suspended.

(iv) When the suspension exceeds 3 school days, the student and parent shall be given the opportunity for an informal hearing consistent with the requirements in § 12.8(c) (relating to hearings).

(v) Suspensions may not be made to run consecutively beyond the 10 school day period.

(vi) Students shall have the responsibility to make up exams and work missed while being disciplined by suspension and shall be permitted to complete these assignments within guidelines established by the governing board.

(2) Expulsion is exclusion from school by the governing board for a period exceeding 10 school days and may be permanent expulsion from the school rolls. Expulsions require a prior formal hearing under § 12.8.

(c) During the period prior to the hearing and decision of the governing board in an expulsion case, the student shall be placed in his normal class except as set forth in subsection (d).

(d) If it is determined after an informal hearing that a student’s presence in his normal class would constitute a threat to the health, safety or welfare of others and it is not possible to hold a formal hearing within the period of a suspension, the student may be excluded from school for more than 10 school days. A student may not be excluded from school for longer than 15 school days without a formal hearing unless mutually agreed upon by both parties. Any student so excluded shall be provided with alternative education, which may include home study.

(e) Students who are under 18 years of age are still subject to the compulsory school attendance law even though expelled and shall be provided an education.

(1) The initial responsibility for providing the required education rests with the student’s parents or guardian, through placement in another school, tutorial or correspondence study, or another educational program approved by the district’s superintendent.

(2) Within 30 days of action by the governing board, the parents or guardians shall submit to the school district written evidence that the required education is being provided as described in paragraph (1) or that they are unable to do so. If the parents or guardians are unable to provide the required education, the school entity shall, within 10 days of receipt of the notification, make provision for the student’s education. A student with a disability shall be provided educational services as required by the Individuals With Disabilities Education Act (20 U.S.C.A. § § 1400—1482).

(3) If the approved educational program is not complied with, the school entity may take action in accordance with 42 Pa.C.S. Chapter 63 (relating to the Juvenile Act) to ensure that the child will receive a proper education. See § 12.1(b) (relating to free education and attendance).

The provisions of this § 12.6 amended under sections 2603-B and 2604-B(b)(2)(v) of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B(b)(2)(v)).

The provisions of this § 12.6 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658; amended November 4, 2022, effective November 5, 2022, 52 Pa.B. 6844. Immediately preceding text appears at serial pages (336403) to (336406).

Alternative Instruction

Local school officials may determine the amount and type of alternative instruction necessary and appropriate in each case involving an expelled student. Abremski v. Southeastern School District, 421 A.2d 485 (Pa. Cmwlth. 1980).

Appeal; No Expulsion

Where the discipline imposed upon the student was three 15-minute after-school detention sessions, the student has no right to a hearing or appeal, as there is no such recourse provided by the regulations. Schmader v. Warren County School District, 808 A.2d 596 (Pa. Cmwlth. 2002); appeal denied 820 A.2d 163 (Pa. 2003).

There is no provision in the regulations for an appeal of a school board decision to suspend a student for 10 days or less. In re Appeal of JAD, 782 A.2d 1069 (Pa. Cmwlth. 2001); appeal denied at 796 A.2d 987 (Pa. 2002).

Due Process Required

Expulsion is exclusion from school for a period of more than 10 days. Due process requires that a student subject to expulsion be afforded a hearing. In re Appeal of JAD, 782 A.2d 1069 (Pa. Cmwlth. 2001).

Where student was expelled from school for approximately 30 days, due process required that the student be given a formal hearing. Oravetz v. West Allegheny School District, 74 Pa. D. & C.2d 733 (1975).

Expulsion Appropriate

None of the provisions of this section relating to expulsions provide that an expulsion decision, otherwise proper, cannot stand if the expelled student was also suspended for the same offense, and if the period of suspension exceeded the regulatory maximum, due to the failure, for undisclosed reasons, of a student to return to school for a three-day period following a suspension, Porter v. Board of School Directors of Clairton School District, 445 A.2d 1386 (Pa. Cmwlth. 1982).

In General

Regulations governing the types of offenses that would lead to exclusion from school may be published by individual schools rather than by the Board of Education itself. Figueroa v. Thompson, 1 Pa. D. & C.3d 266 (1975).

When the legislature did not delegate power over student conduct and discipline to the State Board of Education, the Board’s regulations pertaining to such matters were invalid and unenforceable. Howard H. v. Wentzel, 372 A.2d 30 (Pa. Cmwlth. 1977).

Procedural Violations

Where defendant school district summarily suspended plaintiffs for a period in excess of 3 days and failed to follow notice and hearing procedures, those portions of the suspension served before proper notice and hearing were expunged from plaintiffs’ records. Mullane v. Wyalusing Area School District, 30 D. & C.4th 179 (1997).

School Board Review

This regulation clearly provides that the decision to suspend a student for no more than 10 days is within the power of the principal. Thus, although the school board agreed to consider the issue of the students’ suspensions, that special meeting was nothing more than a gratuitous gesture to the students and their parents. The board’s acquiescence to hold the meeting was purely voluntary, and its affirmation of the principal’s decision had no legal consequence. Burns v. Hitchcock, 683 A.2d 1322 (Pa. Cmwlth. 1996).

Smoking

School regulations which restricted student smoker’s use of restrooms were not unconstitutional where they were not arbitrary, unreasonable or capricious. Figueroa v. Thompson, 1 Pa. D. & C.3d 266 (1975).

This section cited in 22 Pa. Code § 711.61 (relating to suspension and expulsion).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.7 Exclusion from classes—in-school suspension.

(a) A student may not receive an in-school suspension unless the student has been informed of the reasons for the suspension and has been given an opportunity to respond before the suspension becomes effective.

(b) Communication to the parents or guardian shall follow the suspension action taken by the school.

(c) When the in-school suspension exceeds 10 consecutive school days, an informal hearing with the principal shall be offered to the student and the student’s parent or guardian prior to the 11th school day in accordance with the procedures in § 12.8 (relating to hearings).

(d) The student’s school entity has the responsibility to make provision for the student’s education during the period of the in-school suspension.

The provisions of this § 12.7 amended under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 12.7 readopted February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (286657).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.8 Hearings.

(a) General. Education is a statutory right, and students shall be afforded due process if they are to be excluded from school. In a case involving a possible expulsion, the student is entitled to a formal hearing.

(b) Formal hearings. A formal hearing is required in all expulsion actions. This hearing may be held before the governing board or an authorized committee of the board, or a qualified hearing examiner appointed by the board. When a committee of the board or a hearing examiner conducts the hearing, a majority vote of the entire governing board is required to expel a student. The following due process requirements shall be observed with regard to the formal hearing:

(1) Notification of the charges shall be sent to the student’s parents or guardians by certified mail.

(2) At least 3 days’ notice of the time and place of the hearing shall be given. A copy of the expulsion policy, notice that legal counsel may represent the student and hearing procedures shall be included with the hearing notice. A student may request the rescheduling of the hearing when the student demonstrates good cause for an extension.

(3) The hearing shall be held in private unless the student or parent requests a public hearing.

(4) The student may be represented by counsel, at the expense of the parents or guardians, and may have a parent or guardian attend the hearing.

(5) The student has the right to be presented with the names of witnesses against the student, and copies of the statements and affidavits of those witnesses.

(6) The student has the right to request that the witnesses appear in person and answer questions or be cross-examined.

(7) The student has the right to testify and present witnesses on his own behalf.

(8) A written or audio record shall be kept of the hearing. The student is entitled, at the student’s expense, to a copy. A copy shall be provided at no cost to a student who is indigent.

(9) The proceeding shall be held within 15 school days of the notification of charges, unless mutually agreed to by both parties. A hearing may be delayed for any of the following reasons, in which case the hearing shall be held as soon as reasonably possible:

(i) Laboratory reports are needed from law enforcement agencies.

(ii) Evaluations or other court or administrative proceedings are pending due to a student invoking his rights under the Individuals With Disabilities Education Act (20 U.S.C.A. § § 1400—1482).

(iii) In cases in juvenile or criminal court involving sexual assault or serious bodily injury, delay is necessary due to the condition or best interests of the victim.

(10) Notice of a right to appeal the results of the hearing shall be provided to the student with the expulsion decision.

(c) Informal hearings. The purpose of the informal hearing is to enable the student to meet with the appropriate school official to explain the circumstances surrounding the event for which the student is being suspended or to show why the student should not be suspended.

(1) The informal hearing is held to bring forth all relevant information regarding the event for which the student may be suspended and for students, their parents or guardians and school officials to discuss ways by which future offenses might be avoided.

(2) The following due process requirements shall be observed in regard to the informal hearing:

(i) Notification of the reasons for the suspension shall be given in writing to the parents or guardians and to the student.

(ii) Sufficient notice of the time and place of the informal hearing shall be given.

(iii) A student has the right to question any witnesses present at the hearing.

(iv) A student has the right to speak and produce witnesses on his own behalf.

(v) The school entity shall offer to hold the informal hearing within the first 5 days of the suspension.

The provisions of this § 12.8 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.8 amended through February 24, 1984, effective February 18, 1984, 14 Pa.B. 657; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial pages (286657) to (286658) and (295325).

Appeal

Decision of school district hearing officer to transfer student to alternative school for disruptive students following informal hearing after student was suspended was not appealable local agency adjudication. Tyson v. School District of Philadelphia, 900 A.2d 990, 992 (Pa. Cmwlth. 2006).

Since the discipline imposed was not expulsion, but rather more school, that is, 15 minutes of after-school detention for 3 days, there is no provision for appeal of that decision. Schmader v. Warren County School District, 808 A.2d 596 (Pa. Cmwlth. 2001); appeal denied 820 A.2d 163 (Pa. 2003).

A student subject to expulsion has the right to seek recourse in the appropriate court of the Commonwealth. In re Appeal of JAD, 782 A.2d 1069 (Pa. Cmwlth. 2001).

Due Process

Informal hearing process, following public school student’s disciplinary suspension, was all process that was due to student; student was not expelled from school district and bringing the full process of judicial system within public school would overburden both the public school system and the courts. Tyson v. School District of Philadelphia, 900 A.2d 990, 992 (Pa. Cmwlth. 2006).

Where the school board conducted a hearing at which the District’s witnesses testified, and the student was represented by counsel who was given full opportunity to cross-examine the District’s witnesses, that proceeding provided sufficient discovery to satisfy the requirements of § 12.8(b)(1)(i)—(ix). J.S. v. Bethlehem Area School District, 794 A.2d 936 (Pa. Cmwlth. 2002); appeal denied 818 A.2d 506 (Pa. 2003).

Identical letters sent to a student and his parents, which provided that the recommendation for expulsion was related to two incidents and specifically enumerated the facts surrounding the underlying incidents, complied with due process requirements, where the letters specifically enumerated the charges the school board was considering against the student. Hamilton v. Unionville-Chadds Ford School, 714 A.2d 1012 (Pa. 1998).

Due process requirements must be observed in school hearings. Failure to notify the student of all charges pending against such student violates due process and a new hearing must be granted. Yatron by Yatron v. Hamburg Area School District, 631 A.2d 758 (Pa. Cmwlth. 1993); appeal denied 647 A.2d 906 (Pa. 1994).

Notice

Although parents were orally notified of hearing regarding son’s suspension beyond 3 days, the additional 4 day suspension decided upon after the hearing was invalid because the school failed to give the parents written notice of the reasons for suspension, as required by subsection (c)(2)(i). Mifflin County School District v. Stewart, 503 A.2d 1012 (Pa. Cmwlth. 1986).

When the parent of a student received notice of a disciplinary hearing approximately 24 hours before the hearing was scheduled to commence, such notice was inadequate. Minnicks v. McKeesport Area School District, 74 Pa. D. & C.2d 744 (1975).

Procedural Violations

Where defendant school district summarily suspended plaintiffs for a period in excess of 3 days and failed to follow notice and hearing procedures, those portions of the suspension served before proper notice and hearing were expunged from plaintiffs’ records. Mullane v. Wyalusing Area School District, 30 D. & C.4th 179 (1997).

This section cited in 22 Pa. Code § 12.6 (relating to exclusions from school); and 22 Pa. Code § 12.7 (relating to exclusion from classes—in-school suspension).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.9 Freedom of expression.

(a) The right of public school students to freedom of speech is guaranteed by the Constitution of the United states and the Constitution of the Commonwealth.

(b) Students shall have the right to express themselves unless the expression materially and substantially interferes with the educational process, threatens serious harm to the school or community, encourages unlawful activity or interferes with another individual’s rights.

(c) Students may use publications, handbills, announcements, assemblies, group meetings, buttons, armbands and any other means of common communication, provided that the use of public school communications facilities shall be in accordance with the regulations of the authority in charge of those facilities.

(1) Students have the responsibility to obey laws governing libel and obscenity and to be aware of the full meaning of their expression.

(2) Students have the responsibility to be aware of the feelings and opinions of others and to give others a fair opportunity to express their views.

(d) Identification of the individual student or at least one responsible person in a student group may be required on posted or distributed materials.

(e) School officials may require students to submit for prior approval a copy of materials to be displayed, posted or distributed on school property.

(f) Bulletin boards must conform to the following:

(1) School authorities may restrict the use of certain bulletin boards.

(2) Bulletin board space should be provided for the use of students and student organizations.

(3) School officials may require that notices or other communications be officially dated before posting, and that the materials be removed after a prescribed reasonable time to assure full access to the bulletin boards.

(g) School newspapers and publications must conform to the following:

(1) Students have a right and are as free as editors of other newspapers to report the news and to editorialize within the provisions in paragraphs (4) and (5).

(2) School officials shall supervise student newspapers published with school equipment, remove obscene or libelous material and edit other material that would cause a substantial disruption or interference with school activities.

(3) School officials may not censor or restrict material simply because it is critical of the school or its administration.

(4) Prior approval procedures regarding copy for school newspapers must identify the individual to whom the material is to be submitted and establish a limitation on the time required to make a decision. If the prescribed time for approval elapses without a decision, the material shall be considered authorized for distribution.

(5) Students who are not members of the newspaper staff shall have access to its pages. Written criteria for submission of material by nonstaff members shall be developed and distributed to all students.

(h) The wearing of buttons, badges or armbands shall be permitted as another form of expression within the restrictions listed in subsection (c).

(i) School officials may set forth the time and place of distribution of materials so that distribution would not materially or substantially interfere with the requirements of appropriate discipline in the operation of the school.

(1) A proper time and place set for distribution is one that would give the students the opportunity to reach fellow students.

(2) The place of the activity may be restricted to permit the normal flow of traffic within the school and at exterior doors.

The provisions of this § 12.9 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.9 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial pages (295325) to (295326), (289657) and (288181).

Clearly Established

Because of the procedural scheme promulgated by the school district, it is not ‘‘clearly established’’ that the plaintiff had a First Amendment right to circulate a petition. Walker-Serrano v. Leonard, 168 F. Supp. 2d 332 (M.D. Pa. 2001); judgment affirmed 325 F.3d 912 (3rd Cir. Pa. 2003).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.10 Flag Salute and the Pledge of Allegiance.

It is the responsibility of every citizen to show proper respect for his country and its flag.

(1) Students may decline to recite the Pledge of Allegiance and may refrain from saluting the Flag on the basis of personal belief or religious convictions.

(2) Students who choose to refrain from such participation shall respect the rights and interests of classmates who do wish to participate.

The provisions of this § 12.10 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520. Immediately preceding text appears at serial page (17774).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.11 Hair and dress.

(a) The governing board may establish dress codes or require that students wear school uniforms. Policies may apply to individual school buildings or to all school buildings.

(b) Students have the right to govern the length or style of their hair, including facial hair. Any limitation of this right must include evidence that length or style of hair causes disruption of the educational process or constitutes a health or safety hazard. When length or style of the hair presents a health or safety hazard, some types of covering shall be used.

(c) Students may be required to wear certain types of clothing while participating in physical education classes, shops, extracurricular activities or other situations when special attire may be required to insure the health or safety of the student.

(d) Students have the responsibility to keep themselves, their clothes and their hair clean. School officials may impose limitations on student participation in the regular instructional program when there is evidence that the lack of cleanliness constitutes a health hazard.

The provisions of this § 12.11 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.11 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (288181).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.12 Confidential communications.

(a) Use of a student’s confidential communications to school personnel in legal proceedings is governed by statutes and regulations appropriate to the proceeding. See, for example, 42 Pa.C.S. § 5945 (relating to confidential communications to school personnel).

(b) Information received in confidence from a student may be revealed to the student’s parents or guardians, the principal or other appropriate authority when the health, welfare or safety of the student or other persons is clearly in jeopardy.

The provisions of this § 12.12 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.12 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial pages (288181) to (288182).

Confidential Communication

Conversations between an assistant principal and a student are not privileged and confidential under 22 Pa. Code § 12.12 (a) unless acting in the role of guidance counselor. In re McClellan, 475 A.2d 867 (Pa. Cmwlth. 1984).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.14 Searches.

(a) The governing board of every school entity shall adopt reasonable policies and procedures regarding student searches. The local education agency shall notify students and their parents or guardians of the policies and procedures regarding student searches.

(b) Illegal or prohibited materials seized during a student search may be used as evidence against the student in a school disciplinary proceeding.

(c) Prior to a locker search, students shall be notified and given an opportunity to be present. When school authorities have a reasonable suspicion that the locker contains materials that pose a threat to the health, welfare or safety of students in the school, student lockers may be searched without prior warning.

The provisions of this § 12.14 amended under section 2603-B of The Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.14 amended February 17. 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (288182).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.16 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Corporal punishment—A form of physical discipline that is intended to cause pain and fear and in which a student is spanked, paddled or hit on any part of the body with a hand or instrument. Governing board—The board of school directors of a school district, joint school committee of a joint school or joint vocational school, intermediate unit board of directors, or the board of trustees of a charter school or cyber-charter school. Prekindergarten—A program operated by a school district or by a community agency under contract from a school district that is open to children who are at least 3 years of age and completed prior to the school district’s entry age for kindergarten, unless individual exceptions to the age requirements are made by the school district. School entity—A local public education provider (for example—public school, charter school, cyber-charter school, area vocational-technical school or intermediate unit). Student assistance program—A systematic process designed to assist school personnel to identify issues, including alcohol, drugs and others, which pose a barrier to a student’s learning and school success. Student assistance is a systematic process using effective and accountable professional techniques to mobilize school resources to remove the barriers to learning, and, when the problem is beyond the scope of the school, to assist the parent and the student with information so they may access services within the community. Student services—Services designed by a school entity to support the instructional program and to help students attain their educational and career goals.

(i) Services may include school guidance counseling, health services (under Article XIV of the Public School Code of 1949 (24 P. S. § § 14-1401—14-1423) and 28 Pa. Code Chapter 23 (relating to school health)), psychological services, social work and home and school visitor services.

(ii) School entities may supplement, but may not supplant, these services through school-based, school-linked, or coordinated services provided by locally available social and human services agencies.

The provisions of this § 12.16 issued under section 2603-B of The Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.16 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542. Immediately preceding text appears at serial pages (315963) to (315964).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.31 General requirements.

(a) The governing board of every school entity shall adopt a plan for the collection, maintenance and dissemination of student records

(b) Copies of the adopted plan shall be maintained by the school entity and updated as required by changes in State or Federal law.

(c) Copies of the plan shall be submitted to the Department only upon request of the Secretary.

The provisions of this § 12.31 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 12.31 amended through February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amendeed December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial pages (288182) and (227273).

This section cited in 22 Pa. Code § 339.32 (relating to services).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.32 Elements of the plan.

The plan for student records must conform with applicable State and Federal laws, regulations and directives identified in guidelines issued by the Department.

The provisions of this § 12.32 amended under section 2603-B of The Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 12.32 amended through February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (227273).

This section cited in 22 Pa. Code § 339.32 (relating to services).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.41 Student services.

(a) Each school entity shall prepare a written plan for the implementation of a comprehensive and integrated K-12 program of the student services based on the needs of its students. The plan shall be prepared and revised in accordance with the time frames and procedures described in § 4.13(c) (relating to strategic plans). Services offered by community agencies in public schools shall be coordinated by and under the general direction of the school entity. The plan must include policies and procedures for emergency care and administration of medication and treatment under The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144) and guidelines issued by the Department of Health. The Department of Health guidelines are available from the Division of School Health, Department of Health, P.O. Box 90, Harrisburg, Pennsylvania 17108. A school district that operates a prekindergarten program shall address its prekindergarten program in the plan developed under § 4.13(c). A school entity shall make its student services plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school entity’s governing board.

(b) Though the variety of student services offered will differ from school to school depending upon its size and the needs of its students, the following categories of services shall be provided by each school entity in planning its student services:

(1) Developmental services for students that address their developmental needs throughout their enrollment in school. Developmental services include guidance counseling, psychological services, health services, home and school visitor services and social work services that support students in addressing their academic, behavioral, health, personal and social development issues. When prekindergarten is offered, these services must include nutritional services or referrals. Nutritional services include:

(i) Federal and State funded school meal programs.

(ii) Special Supplemental Feeding Program for Women, Infants and Children (WIC).

(iii) Food Stamp Program.

(iv) Pennsylvania Fresh Foods Program.

(v) Local food and nutrition services for children and families.

(2) Diagnostic, intervention and referral services for students who are experiencing problems attaining educational achievement appropriate to their learning potential.

(i) Student services staff use diagnostic services to identify barriers that limit a student’s success in school. Intervention services actively engage student services staff in activities planned to reduce or eliminate specific barriers to student success.

(ii) Student services staff may arrange for referrals to other school-based or school-linked professionals or may refer parents and guardians to appropriate community-based services for assistance.

(3) Consultation and coordination services for students who are experiencing chronic problems that require multiple services by teams or specialists.

(i) Consultation services are used by student services staff, in partnership with parents or guardians, to obtain assistance to address barriers and issues that are outside the scope of the student services professional.

(ii) Consultation and coordination services may be used to assist in the diagnosis, intervention or referral of students who face barriers to success.

(iii) Coordination services connect school resources with other available resources to assist students in meeting their educational objectives.

(c) Student services must:

(1) Be an integral part of the instructional program at all levels of the school system.

(2) Provide information to students and parents or guardians about educational opportunities of the school’s instructional program and how to access these opportunities.

(3) Provide career information and assessments so that students and parents or guardians might become aware of the world of work and of a variety of career options available to individual students.

(4) Provide basic health services outlined in Article XIV of the Public School Code of 1949 (24 P.S. § § 14-1401—14-1423) for students and information to parents or guardians about the health needs of their children.

(d) When student assessments using individual surveys are administered, parents or guardians shall be informed of the nature and scope of the surveys and of their relationship to the educational program of their child, consistent with section 445 of the General Education Provisions Act (20 U.S.C.A. § 1232h) regarding protection of pupil rights. Parents or guardians, or the student if the student is 18 years of age or older, shall have the right to refuse to participate in the survey by means of procedures established by the school entity.

(e) Persons delivering student services shall be specifically licensed or certified as required by statute or regulation.

(f) The Department will provide guidelines and technical assistance to local education agencies in planning student services.

The provisions of this § 12.41 issued under section 2603-B of the Public School Code of 1949 (24 P.S. § 26-2603-B); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 26-2603-B and 26-2604-B).

The provisions of this § 12.41 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542; amended July 15, 2016, effective July 16, 2016, 46 Pa.B. 3815. Immediately preceding text appears at serial pages (323759) to (323760) and (371249).

This section cited in 22 Pa. Code § 4.13 (relating to strategic plans).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.
22 Pa. Code § 12.42 Student assistance program.

School entities shall plan and provide for a student assistance program under section 1547(g) of the Public School Code of 1949 (24 P.S. § 15-1547(g) regarding alcohol, chemical and tobacco abuse program).

The provisions of this § 12.42 issued under section 2603-B of The Public School Code of 1949 (24 P.S. § 26-2603-B).

The provisions of this § 12.42 adopted December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7542. Immediately preceding text appears at serial page (315967).

History

  • Authority: The provisions of this Chapter 12 issued under section 408.
  • Source: The provisions of this Chapter 12 adopted July 26, 1974, effective July 27, 1974, 4 Pa.

Chapter 14 Special Education Services and Programs

22 Pa. Code § 14.101 Definitions.

In addition to the definitions in § § 14.102 and 14.103 (relating to purposes; and terminology related to Federal regulations), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Early Intervention Services System Act (11 P. S. § § 875-101—875-503). Agency—A school entity, approved private school, State-operated program or facility or other public (excluding charter schools and cyber charter schools under Article XVII-A of the School Code (24 P. S. § § 17-1701-A—17-1751-A)) or private organization providing educational services to children with disabilities or providing early intervention services. Age of beginners—The minimum age established by the school district board of directors for admission to the district’s first grade under § 11.15 (relating to admission of beginners). Developmental areas—Cognitive, communicative, physical, social/emotional and self-help. Developmental delay—A child who is less than the age of beginners and at least 3 years of age is considered to have a developmental delay when one of the following exists:

(i) The child’s score, on a developmental assessment device, on an assessment instrument which yields a score in months, indicates that the child is delayed by 25% of the child’s chronological age in one or more developmental areas.

(ii) The child is delayed in one or more of the developmental areas, as documented by test performance of 1.5 standard deviations below the mean on standardized tests. ESY—Extended school year. Early intervention agency—A school entity or licensed provider that has entered into a mutually agreed upon written arrangement (MAWA) with the Department to provide early intervention services to eligible young children in accordance with the act. Early intervention services—As defined in section 103 of the act (11 P. S. § 875-103). Eligible young child—A child who is less than the age of beginners and at least 3 years of age and who meets the criteria in 34 CFR 300.8 (relating to child with a disability). IEP—Individualized education program. IST—Instructional support team. MDT—Multidisciplinary team. Mutually agreed-upon written arrangement—As defined in section 103 of the act. Parent—The term as defined in 34 CFR 300.30 (relating to parent) and also includes individuals appointed as foster parents under 55 Pa. Code § 3700.4 (relating to definitions). School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). School entity—A local public education provider such as a school district, area vocational-technical school or intermediate unit but excluding charter schools and cyber charter schools under Article XVII-A of the School Code. Student with a disability—A child of school age who meets the criteria in 34 CFR 300.8 (relating to child with a disability).

The provisions of this § 14.101 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. 13-1372 and 26-2603-B).

The provisions of this § 14.101 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial pages (334873) to (334874).

This section cited in 22 Pa.B. § 10.2 (relating to definitions); 22 Pa.B. § 49.1 (relating to definitions); 55 Pa.B. § 3270.4 (relating to definitions); 55 Pa.B. § 3280.4 (relating to definitions); and 55 Pa.B. § 3290.4 (relating to definitions).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.102 Purposes.

(a) It is the intent of the Board that children with disabilities be provided with quality special education services and programs. The purposes of this chapter are to serve the following:

(1) To adopt Federal regulations by incorporation by reference to satisfy the statutory requirements under the Individuals with Disabilities Education Act (20 U.S.C.A. § § 1400—1482) and to ensure that:

(i) Children with disabilities have available to them a free appropriate public education which is designed to enable the student to participate fully and independently in the community, including preparation for employment or higher education.

(ii) Children with disabilities have access to the general curriculum, and participate in State and local assessments as established and described in Chapter 4 (relating to academic standards and assessment).

(iii) Children with disabilities are educated, to the maximum extent appropriate, with their nondisabled peers and are provided with supplementary aids and services.

(iv) School entities provide access to a full continuum of placement options.

(v) The rights of children with disabilities and parents of these children are protected.

(vi) The use of early intervening services promotes students’ success in a general education environment.

(2) To adopt, except as expressly otherwise provided in this chapter, the requirements of 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) as published at 71 FR 46540—46845 (August 14, 2006); and amended at 73 FR 73006—73029 (December 1, 2008). The following sections are incorporated by reference:

(i) 34 CFR 300.4—300.6 (relating to act; assistive technology device; and assistive technology service).

(ii) 34 CFR 300.8(a) and (c) (relating to child with a disability).

(iii) 34 CFR 300.9—300.15 (relating to consent; core academic subjects; day, business day, school day; educational service agency; elementary school; equipment; and evaluation).

(iv) 34 CFR 300.17—300.20 (relating to free appropriate public education; highly qualified special education teachers; homeless children; and include).

(v) 34 CFR 300.22—300.24 (relating to individualized education program; individualized education program team; and individualized family service plan).

(vi) 34 CFR 300.27—300.30 (relating to limited English proficient; local educational agency; native language; and parent).

(vii) 34 CFR 300.32—300.37 (relating to personally identifiable; public agency; related services; scientifically based research; secondary school; and services plan).

(viii) 34 CFR 300.39 (relating to special education).

(ix) 34 CFR 300.41—300.45 (relating to State educational agency; supplementary aids and services; transition services; universal design; and ward of the State).

(x) 34 CFR 300.101 and 300.102 (relating to free appropriate public education (FAPE); and limitation-exception to FAPE for certain ages).

(xi) 34 CFR 300.104—300.108 (relating to residential placement; assistive technology; extended school year services; nonacademic services; and physical education).

(xii) 34 CFR 300.113 and 300.114(a)(2) (relating to routine checking of hearing aids and external components of surgically implanted medical devices; and LRE requirements).

(xiii) 34 CFR 300.115—300.117 (relating to continuum of alternative placements; placements; and nonacademic settings).

(xiv) 34 CFR 300.122 (relating to evaluation).

(xv) 34 CFR 300.130—300.144, regarding students enrolled by their parents in private schools.

(xvi) 34 CFR 300.148 (relating to placement of children by parents when FAPE is at issue).

(xvii) 34 CFR 300.160 (relating to participation in assessments).

(xviii) 34 CFR 300.172 (relating to access to instructional materials).

(xxix) 34 CFR 300.174 (relating to prohibition on mandatory medication).

(xx) 34 CFR 300.207 (relating to personnel development).

(xxi) 34 CFR 300.210—300.213 (relating to purchase of instructional materials; information for SEA; public information; and records regarding migratory children with disabilities).

(xxii) 34 CFR 300.224 (relating to requirements for establishing eligibility).

(xxiii) 34 CFR 300.226 (relating to early intervening services).

(xxiv) 34 CFR 300.300 and 300.301 (relating to parental consent; and initial evaluations).

(xxv) 34 CFR 300.302—300.307(a)(1) and (2) and (b) (relating to screening for instructional purposes is not evaluation; reevaluations; evaluation procedures; additional requirements for evaluations and reevaluations; determination of eligibility; and specific learning disabilities).

(xxvi) 34 CFR 300.308—300.311 (relating to additional group members; determining the existence of a specific learning disability; observation; and specific documentation for the eligibility determination).

(xxvii) 34 CFR 300.320—300.325 (relating to definition of individualized education program; IEP Team; parent participation; when IEPs must be in effect; development, review, and revision of IEP; and private school placement by public agencies).

(xxviii) 34 CFR 300.327 and 300.328 (relating to educational placements; and alternative means of meeting participation).

(xxix) 34 CFR 300.501—300.508 (relating to opportunity to examine records; parent participation in meetings; independent education evaluation; prior notice by the public agency, content of notice; procedural safeguards notice; electronic mail; mediation; filing a due process complaint; and due process complaint).

(xxx) 34 CFR 300.510—300.516 (relating to resolution process; impartial due process hearing; hearing rights; hearing decisions; finality of decisions, appeal; impartial review; timelines and convenience of hearings and reviews; and civil action).

(xxxi) 34 CFR 300.518(a), (b) and (d) and 300.519 (relating to child’s status during proceedings; and surrogate parents).

(xxxii) 34 CFR 300.530—300.537 (relating to authority of school personnel; determination of setting; appeal; placement during appeals; protections for children not determined eligible for special education and related services; referral to and action by law enforcement and judicial authorities; change of placement because of disciplinary removals; and state enforcement mechanisms).

(xxxiii) 34 CFR 300.610—300.625 (relating to confidentiality; definitions; notice to parents; access rights; record of access; records on more than one child; list of types and locations of information; fees; amendment of records at parent’s request; opportunity for a hearing; result of hearing; hearing procedures; consent; safeguards; destruction of information; and children’s rights).

(3) To specify how the Commonwealth will meet its obligations to suspected and identified children with disabilities who require special education and related services.

(4) To provide to the Commonwealth, through the Department, general supervision of services and programs provided under this chapter.

(b) To provide services and programs effectively, the Commonwealth will delegate operational responsibility for school aged students to its school districts to include the provision of child find duties prescribed by 34 CFR 300.111 (relating to child find).

The provisions of this § 14.102 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.102 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4750. Immediately preceding text appears at serial pages (335426) to (335428).

Free Appropriate Public Education (FAPE)

By adopting the Federal regulations relating to assistance to states for education of children with disabilities, Pennsylvania seeks to ensure all children with disabilities the right to a free appropriate public education (FAPE). Delaware Valley School District v. Daniel G., 800 A.2d 989 (Pa. Cmwlth. 2002).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.103 Terminology related to Federal regulations.

For purposes of interfacing with 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities), the following term applies, unless the context clearly indicates otherwise: Local educational agency—Where the Federal provision uses the term ‘‘local educational agency,’’ for purposes of this chapter, the term means an intermediate unit, school district, State operated program or facility or other public organization providing educational services to children with disabilities or providing early intervention services. Applicability of this term to public charter schools is found in Chapter 711 (relating to charter school services and programs for children with disabilities). In the application of 34 CFR 300.130—300.144, regarding children with disabilities enrolled by their parents in private schools, the intermediate unit shall be considered to be the local education agency.

The provisions of this § 14.103 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.103 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial pages (293068) to (293069).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.104 Special education plans.

(a) Each school district shall develop and implement a special education plan. The special education plan shall be submitted to the Department for approval every 3 years in accordance with § 4.13(d) (relating to strategic plans). The Secretary will prescribe the format, content and time for submission of the special education plan. A school district shall make its special education plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school district’s board of directors and submission of the plan to the Department.

(b) Each school district’s special education plan must specify the special education programs that operate in the district and those that are operated in the district by intermediate units, area vocational technical schools and other agencies, and it must describe the following:

(1) Early intervening services under 34 CFR 300.226 (relating to early intervening services) and this chapter, if the services are provided by the school district.

(2) The school district procedures for complying with the State criteria for identifying children with specific learning disabilities.

(3) Examples of supplementary aids and services provided by the school district.

(4) Access to a full continuum of educational placements.

(5) Policies and procedures designed to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of chil-dren with disabilities, for those school districts identified with significant disproportionality in accordance with 34 CFR 300.646(a) (relating to disproportionality).

(6) School district procedures on behavior support services, including a description of the training provided to staff in the use of positive behavior supports, de-escalation techniques and appropriate responses to student behavior that may require immediate intervention.

(7) Parent training activities provided by the school district.

(c) Each school district’s special education plan must include procedures for the education of all students with disabilities who are residents of the district, including those receiving special education in approved private schools and students with disabilities who are nonresidents placed in private homes or institutions in the school district under sections 1305, 1306 and 1306.2 of the School Code (24 P.S. § § 13-1305, 13-1306 and 13-1306.2).

(d) Each intermediate unit shall prepare annually and submit to the Secretary a special education plan specifying the special education services and programs to be operated by the intermediate unit, including equitable services provided consistent with 34 CFR 300.130—300.144 and subsection (b)(2)—(4), (6) and (7). The Secretary will prescribe the format, content and time for submission of the intermediate units’ plans.

(e) Each early intervention agency shall develop and submit to the Department an early intervention special education plan every year.

(f) The Department will approve plans in accordance with the following criteria:

(1) Services and programs are designed to meet the needs of students identified as children with disabilities within the school district or intermediate unit or eligible young children within the early intervention agency.

(2) The full range of services and programs under this chapter are available to children with disabilities and eligible young children.

(3) Placement of students with disabilities in settings other than regular education settings may not be based on lack of resources, facilities, staff or for administrative convenience.

(4) The plan meets the specifications defined in this chapter and the format, content and time for submission of the agency plans prescribed by the Secretary.

(g) Portions of the plans that do not meet the criteria for approval will be disapproved. Prior to disapproval, Department personnel will discuss disapproved portions of the plan and suggest modifications with appropriate intermediate unit or school district personnel. Portions of the plan that are not specifically disapproved will be deemed approved.

(h) When a portion of an intermediate unit, school district or early intervention plan is disapproved, the Department will issue a notice specifying the portion of the plan disapproved, and the rationale for the disapproval and the opportunity for a hearing under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice Procedure). If requested, the Department will convene a hearing within 30 days after the receipt of the request. The Department will render a decision within 30 days following the hearing.

(i) Each school entity shall maintain information concerning students with disabilities, the services provided, performance and discipline data, as specified by the Secretary, and report information in a form and at times as required by the Secretary.

The provisions of this § 14.104 amended under sections 1372, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 13-1372, 26-2603-B and 26-2604-B).

The provisions of this § 14.104 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended July 15, 2016, effective July 16, 2016, 46 Pa.B. 3815. Immediately preceding text appears at serial pages (335429) to (335430) and (371253).

This section cited in 22 Pa. Code § 4.13 (relating to strategic plans); 22 Pa. Code § 10.23 (relating to response and handling of a student with a disability); 22 Pa. Code Appendix A (relating to model memorandum of understanding); 22 Pa. Code § 14.105 (relating to personnel); and 22 Pa. Code § 14.155 (relating to range of services).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.105 Personnel.

(a) Paraprofessionals.

(1) An instructional paraprofessional is a school employee who works under the direction of a certificated staff member to support and assist in providing instructional programs and services to children with disabilities or eligible young children. The support and assistance includes one-on-one or group review of material taught by certificated staff, classroom management and implementation of positive behavior support plans. Services may be provided in a special education class, regular education class or other instructional setting as provided in the student’s IEP. Instructional paraprofessionals shall meet one of the following qualifications effective July 1, 2010:

(i) Have completed at least 2 years of postsecondary study.

(ii) Possess an associate degree or higher.

(iii) Meet a rigorous standard of quality as demonstrated through a State or local assessment.

(2) Nothing in subsection (a) should be construed to supersede the terms of a collective bargaining agreement in effect on July 1, 2008.

(3) Instructional paraprofessionals, each school year, shall provide evidence of 20 hours of staff development activities related to their assignment.

(4) A personal care assistant provides one-to-one support and assistance to a student, including support and assistance in the use of medical equipment (for example, augmentative communication devices; activities of daily living; and monitoring health and behavior). A personal care assistant may provide support to more than one student, but not at the same time. Personal care assistants shall provide evidence of 20 hours of staff development activities related to their assignment each school year. The 20 hours of training may include training required by the school-based access program.

(b) Educational interpreters. An educational interpreter is an individual who provides students who are deaf or hard of hearing with interpreting or transliterating services in an educational setting.

(1) To serve as an educational interpreter, an individual shall meet the qualifications in subparagraph (i) or (ii) and subparagraph (iii):

(i) Achieve and provide evidence of a score of 3.5 on the Educational Interpreter Performance Assessment (EIPA) for the appropriate grade level to which the person has been assigned.

(ii) Be a qualified sign language interpreter or qualified transliterator under the Sign Language Interpreter and Transliterator Registration Act (63 P.S. § § 1725.1—1725.12) and its implementing regulations.

(iii) Provide evidence of a minimum of 20 hours of staff development activities relating to interpreting or transliterating services annually.

(2) The Board, in consultation with the Department, will review the EIPA score requirement every 2 years.

(c) Caseload.

(1) The following words and terms, when used in this subsection, have the following meanings, unless the context clearly indicates otherwise:

(i) Full-time. Special education supports and services provided by special education personnel for 80% or more of the school day.

(ii) Itinerant. Special education supports and services provided by special education personnel for 20% or less of the school day.

(iii) Supplemental. Special education supports and services provided by special education personnel for more than 20% but less than 80% of the school day.

(2) The following chart represents the maximum number of students allowed on a teacher’s caseload:

(3) Each student with a disability shall be assigned to a special education teacher’s caseload.

(4) A school district may request approval for a caseload chart that varies from that in paragraph (2) as part of its special education plan consistent with § 14.104 (relating to special education plans). The caseload and supporting documents submitted must:

(i) Ensure the ability of assigned staff to provide the services required in each student’s IEP.

(ii) Apply to special education classes operated in the school district.

(iii) Provide a justification for why the chart deviates from the caseload chart in paragraph (2).

(iv) Describe the opportunities for parents, teachers and other interested parties to review and comment on the chart prior to its submission. The district shall provide and include a copy of the notice to the public indicating the district intends to request a waiver of caseload regulations and a description of how parents, teachers and other interested parties were provided opportunities to give comment on the waiver request.

(5) Classes or programs with students from more than one district, regardless of whether operated by a school district, intermediate unit or agency, shall follow the caseload chart of the district where the class or program is located. Intermediate unit services provided to multiple districts must follow the caseload chart under paragraph (2).

(6) Caseloads are not applicable to approved private schools or to chartered schools for the deaf and blind.

(7) The Department may withdraw approval of variance in the caseload chart for a school district if its caseload is determined to be inadequate. The Department will consider at least the following indicators when making the determination:

(i) Graduation rates of students with a disability.

(ii) Drop-out rates of students with a disability.

(iii) Postsecondary transition of students with a disability.

(iv) Rate of grade level retentions.

(v) Statewide and district-wide assessment results as prescribed by § § 4.51 and 4.52 (relating to State assessment system; and local assessment system).

The provisions of this § 14.105 issued under sections 1372 and 2603-B of the Public School Code of 1929 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.105 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.

This section cited in 22 Pa. Code § 14.131 (relating to IEP); and 34 Pa. Code § 501.5 (relating to exemptions).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.106 Access to instructional materials.

(a) The Board adopts the National Instructional Materials Accessibility Standard (NIMAS) as defined in section 674(e)(3)(B) of the Education of Individuals with Disabilities Education Act (20 U.S.C.A. § 1474(e)(3)(B)) and set forth in 71 FR 41084 (July 19, 2006) for the purpose of providing print instructional materials in alternate accessible formats or specialized formats to blind persons or other persons with print disabilities in a timely manner. To ensure the timely provision of high quality, accessible instructional materials to children who are blind or other persons with print disabilities, agencies shall adopt the NIMAS. The NIMAS refers to a standard for source files of print instructional materials created by publishers that may be converted into accessible instructional materials.

(b) Agencies shall, in a timely manner, provide print instructional materials in specialized, accessible formats (that is, Braille, audio, digital, large-print, and the like) to children who are blind or other persons with print disabilities, as defined in 2 U.S.C.A. § 135a (regarding books and sound-reproduction records for blind and other physically handicapped residents; annual appropriations; and purchases).

(c) Agencies act in a timely manner in providing instructional materials under subsection (a) if they take steps to ensure that children who are blind or other persons with print disabilities have access to their accessible format instructional materials at the same time that students without disabilities have access to instructional materials. Agencies may not withhold instructional materials from other students until instructional materials in accessible formats are available.

(d) Receipt of a portion of the instructional materials in alternate accessible or specialized format will be considered receipt in a timely manner if the material received covers the chapters that are currently being taught in the student’s class.

(e) If a child who is blind or other person with a print disability enrolls in school after the start of the school year, an agency shall take steps to ensure that the student has access to accessible format instructional materials within 10 school days from the time it is determined that the child requires printed instructional materials in an alternate accessible or specialized format.

(f) The Department or agencies may coordinate with the National Instructional Materials Access Center (NIMAC) to facilitate the production of and delivery of accessible materials to children who are blind or other persons with print disabilities. The NIMAC refers to the central repository, established under section 674(e) of the Education of Individuals with Disabilities Education Act, which is responsible for processing, storing and distributing NIMAS files of textbooks and core instructional materials.

(g) Agencies coordinating with NIMAC shall require textbook publishers to deliver the contents of print instructional materials to the NIMAC in NIMAS format files on or before delivery of the print instructional materials to the agency. Agencies that choose not to coordinate with NIMAC may require that publishers deliver the contents of print instructional materials to the NIMAC in NIMAS format files on or before delivery of the print instructional materials to the agency.

The provisions of this § 14.106 issued under sections 1372 and 2603-B of the Public School Code of 1929 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.106 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.107 Complaint procedure.

The Department will establish a complaint procedure consistent with 34 CFR 300.151—300.153 (relating to adoption of State complaint procedures; minimum State complaint procedures; and filing a complaint) and disseminate notice of that procedure.

The provisions of this § 14.107 issued under sections 1372 and 2603-B of the Public School Code of 1929 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.107 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.108 Access to classrooms.

Parents shall have reasonable access to their child’s classrooms, within the parameters of local educational agency policy.

The provisions of this § 14.108 issued under sections 1372 and 2603-B of the Public School Code of 1929 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.108 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.121 Child find.

(a) In addition to the requirements incorporated by reference in 34 CFR 300.111 (relating to child find), each school district shall adopt and use a public outreach awareness system to locate and identify children thought to be eligible for special education within the school district’s jurisdiction.

(b) Each school district shall conduct awareness activities to inform the public of its early intervention and special education services and programs and the manner in which to request services and programs. Written information shall be published in the school district handbook and school district web site. The public awareness effort must include information regarding potential signs of developmental delays and other risk factors that could indicate disabilities.

(c) Each school district shall provide annual public notification, published or announced in newspapers, electronic media and other media, with circulation adequate to notify parents throughout the school district of child identification activities and of the procedures followed to ensure confidentiality of information pertaining to students with disabilities or eligible young children in accordance with this chapter.

(d) Intermediate units are responsible for child find activities necessary to provide equitable services consistent with 34 CFR 300.130—300.144, regarding children with disabilities enrolled by their parents in private schools.

The provisions of this § 14.121 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.121 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial page (279580).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.122 Screening.

(a) Each school district shall establish a system of screening, which may include early intervening services, to accomplish the following:

(1) Identify and provide initial screening for students prior to referral for a special education evaluation.

(2) Provide peer support for teachers and other staff members to assist them in working effectively with students in the general education curriculum. To provide this support, school districts may implement instructional support teams according to Department guidelines or use an alternative process.

(3) Identify students who may need special education services and programs.

(b) The screening process must include:

(1) Hearing and vision screening in accordance with section 1402 of the School Code (24 P. S. § 14-1402) for the purpose of identifying students with hearing or vision difficulty so that they can be referred for assistance or recommended for evaluation for special education.

(2) Screening at reasonable intervals to determine whether all students are performing based on grade-appropriate standards in core academic subjects.

(c) Each school district may develop a program of early intervening services. In the case of school districts meeting the criteria in 34 CFR 300.646(b)(2) (relating to disproportionality), as established by the Department, the early intervening services are required and must include:

(1) A verification that the student was provided with appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C.A. § 6368(3)), and appropriate instruction in math.

(2) For students with academic concerns, an assessment of the student’s performance in relation to State-approved grade level standards.

(3) For students with behavioral concerns, a systematic observation of the student’s behavior in the school environment where the student is displaying difficulty.

(4) A research-based intervention to increase the student’s rate of learning or behavior change based on the results of the assessments under paragraph (2) or (3).

(5) Repeated assessments of achievement or behavior, or both, conducted at reasonable intervals, reflecting formal monitoring of student progress during the interventions.

(6) A determination as to whether the student’s assessed difficulties are the result of a lack of instruction or limited English proficiency.

(7) A determination as to whether the student’s needs exceed the functional ability of the regular education program to maintain the student at an appropriate instructional level.

(8) Documentation that information about the student’s progress as identified in paragraph (5) was periodically provided to the student’s parents.

(d) Screening or early intervening activities do not serve as a bar to the right of a parent to request an evaluation, at any time, including prior to or during the conduct of early intervening activities.

The provisions of this § 14.122 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.122 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial pages (279580) and (293071).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.123 Evaluation.

(a) The group of qualified professionals, which reviews the evaluation materials to determine whether the child is a child with a disability under 34 CFR 300.306 (relating to determination of eligibility), shall include a certified school psychologist when evaluating a child for autism, emotional disturbance, intellectual disability, multiple disabilities, other health impairments, specific learning disability or traumatic brain injury.

(b) In addition to the requirements incorporated by reference in 34 CFR 300.301 (relating to initial evaluations), the initial evaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60-calendar days after the agency receives written parental consent for evaluation, except that the calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term will not be counted.

(c) Parents may request an evaluation at any time, and the request must be in writing. The school entity shall make the permission to evaluate form readily available for that purpose. If a request is made orally to any professional employee or administrator of the school entity, that individual shall provide a copy of the permission to evaluate form to the parents within 10-calendar days of the oral request.

(d) Copies of the evaluation report shall be disseminated to the parents at least 10 school days prior to the meeting of the IEP team, unless this requirement is waived by a parent in writing.

The provisions of this § 14.123 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.123 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7485. Immediately preceding text appears at serial pages (363315) to (363316).

Basis for Decision

The panel’s award of compensatory education was premised on a separate and distinct basis from the issues raised before the Hearing officer, requiring remand for an evidentiary hearing and an adjudication on the issue of appropriateness of the multidisciplinary evaluation. Mifflin County School District v. Special Education Due Process Appeals Board, 800 A.2d 1010 (Pa. Cmwlth. 2002).

This section cited in 22 Pa. Code Appendix A (relating to model memorandum of understanding); 22 Pa. Code § 14.153 (relating to evaluation); and 22 Pa. Code § 14.161 (relating to purchasing conferences).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.124 Reevaluation.

(a) The group of qualified professionals, which reviews the evaluation materials to determine whether the child is a child with a disability under 34 CFR 300.303 (relating to reevaluations), shall include a certified school psychologist when evaluating a child for autism, emotional disturbance, intellectual disability, multiple disabilities, other health impairment, specific learning disability and traumatic brain injury.

(b) In addition to the requirements incorporated by reference in 34 CFR 300.303, the reevaluation time line will be 60-calendar days, except that the calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term will not be counted.

(c) Students with disabilities who are identified as having an intellectual disability shall be reevaluated at least once every 2 years.

(d) Copies of the reevaluation report shall be disseminated to the parents at least 10 school days prior to the meeting of the IEP team, unless this requirement is waived by a parent in writing.

The provisions of this § 14.124 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.124 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7485. Immediately preceding text appears at serial pages (363316) and (335439).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.125 Criteria for the determination of specific learning disabilities.

This section contains the State-level criteria for determining the existence of a specific learning disability. Each school district and intermediate unit shall develop procedures for the determination of specific learning disabilities that conform to criteria in this section. These procedures shall be included in the school district’s and intermediate unit’s special education plan in accordance with § 14.104(b) (relating to special education plans). To determine that a child has a specific learning disability, the school district or intermediate unit shall:

(1) Address whether the child does not achieve adequately for the child’s age or meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and scientifically based instruction appropriate for the child’s age or State-approved grade-level standards:

(i) Oral expression.

(ii) Listening comprehension.

(iii) Written expression.

(iv) Basic reading skill.

(v) Reading fluency skills.

(vi) Reading comprehension.

(vii) Mathematics calculation.

(viii) Mathematics problem solving.

(2) Use one of the following procedures:

(i) A process based on the child’s response to scientific, research-based intervention, which includes documentation that:

(A) The student received high quality instruction in the general education setting.

(B) Research-based interventions were provided to the student.

(C) Student progress was regularly monitored.

(ii) A process that examines whether a child exhibits a pattern of strengths and weaknesses, relative to intellectual ability as defined by a severe discrepancy between intellectual ability and achievement, or relative to age or grade.

(3) Have determined that its findings under this section are not primarily the result of:

(i) A visual, hearing or orthopedic disability.

(ii) Intellectual disability.

(iii) Emotional disturbance.

(iv) Cultural factors.

(v) Environmental or economic disadvantage.

(vi) Limited English proficiency.

(4) Ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics by considering documentation that:

(i) Prior to, or as a part of, the referral process, the child was provided scientifically-based instruction in regular education settings, delivered by qualified personnel, as indicated by observations of routine classroom instruction.

(ii) Repeated assessments of achievement were conducted at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.

The provisions of this § 14.125 issued and amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.125 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7485. Immediately preceding text appears at serial pages (335439) to (335440).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.131 IEP.

(a) In addition to the requirements incorporated by reference (see 34 CFR 300.320—300.324), the IEP of each student with a disability must include:

(1) A description of the type or types of support as defined in this paragraph that the student will receive, the determination of which may not be based on the categories of the child’s disability alone. Students may receive more than one type of support as appropriate and as outlined in the IEP and in accordance with this chapter. Special education supports and services may be delivered in the regular classroom setting and other settings as determined by the IEP team. In determining the educational placement, the IEP team must first consider the regular classroom with the provision of supplementary aids and services before considering the provision of services in other settings.

(i) Autistic support. Services for students with the disability of autism who require services to address needs primarily in the areas of communication, social skills or behaviors consistent with those of autism spectrum disorders. The IEP for these students must address needs as identified by the team which may include, as appropriate, the verbal and nonverbal communication needs of the child; social interaction skills and proficiencies; the child’s response to sensory experiences and changes in the environment, daily routine and schedules; and, the need for positive behavior supports or behavioral interventions.

(ii) Blind-visually impaired support. Services for students with the disability of visual impairment including blindness, who require services to address needs primarily in the areas of accessing print and other visually-presented materials, orientation and mobility, accessing public and private accommodations, or use of assistive technologies designed for individuals with visual impairments or blindness. For students who are blind or visually impaired, the IEP must include a description of the instruction in Braille and the use of Braille unless the IEP team determines, after the evaluation of the child’s reading and writing needs, and appropriate reading and writing media, the extent to which Braille will be taught and used for the student’s learning materials.

(iii) Deaf and hard of hearing support. Services for students with the disability of deafness or hearing impairment, who require services to address needs primarily in the area of reading, communication, accessing public and private accommodations or use of assistive technologies designed for individuals with deafness or hearing impairment. For these students, the IEP must include a communication plan to address the language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and assistive technology devices and services.

(iv) Emotional support. Services for students with a disability who require services primarily in the areas of social or emotional skills development or functional behavior.

(v) Learning support. Services for students with a disability who require services primarily in the areas of reading, writing, mathematics, or speaking or listening skills related to academic performance.

(vi) Life skills support. Services for students with a disability who require services primarily in the areas of academic, functional or vocational skills necessary for independent living.

(vii) Multiple disabilities support. Services for students with more than one disability the result of which is severe impairment requiring services primarily in the areas of academic, functional or vocational skills necessary for independent living.

(viii) Physical support. Services for students with a physical disability who require services primarily in the areas of functional motor skill development, including adaptive physical education or use of assistive technologies designed to provide or facilitate the development of functional motor capacity or skills.

(ix) Speech and language support. Services for students with speech and language impairments who require services primarily in the areas of communication or use of assistive technologies designed to provide or facilitate the development of communication capacity or skills.

(2) Supplementary aids and services in accordance with 34 CFR 300.42 (relating to supplementary aids and services).

(3) A description of the type or types of support as defined in § 14.105 (relating to personnel).

(4) The location where the student attends school and whether this is the school the student would attend if the student did not have an IEP.

(5) For students who are 14 years of age or older, a transition plan that includes appropriate measurable postsecondary goals related to training, education, employment and, when appropriate, independent living skills.

(6) The IEP of each student shall be implemented as soon as possible, but no later than 10 school days after its completion.

(7) Every student receiving special education and related services provided for in an IEP developed prior to July 1, 2008, shall continue to receive the special education and related services under that IEP, subject to the terms, limitations and conditions set forth in law.

(b) In addition to the requirements incorporated by reference in 34 CFR 300.324 (relating to development, review, and revision of IEP), each school entity shall designate persons responsible to coordinate transition activities.

The provisions of this § 14.131 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.131 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial pages (293072) and (304975).

IEP Compliance

School district was required to pay tuition and fees for special-education student in a transitional program after high school for only 1 year, not indefinitely, where payment for more than 1 year would have exceeded what was required for compliance with student’s individualized education program (IEP). Susquehanna Township School District v. Frances J., 823 A.2d 249, 255-256 (Pa.Cmwlth. 2003).

This section cited in 55 Pa. Code § 3270.4 (relating to definitions); 55 Pa. Code § 3280.4 (relating to definitions); and 55 Pa. Code § 3290.4 (relating to definitions).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.132 ESY.

(a) In addition to the requirements incorporated by reference in 34 CFR 300.106 (relating to extended school year services), school entities shall use the following standards for determining whether a student with disabilities requires ESY as part of the student’s program:

(1) At each IEP meeting for a student with disabilities, the school entity shall determine whether the student is eligible for ESY services and, if so, make subsequent determinations about the services to be provided.

(2) In considering whether a student is eligible for ESY services, the IEP team shall consider the following factors; however, no single factor will be considered determinative:

(i) Whether the student reverts to a lower level of functioning as evidenced by a measurable decrease in skills or behaviors which occurs as a result of an interruption in educational programming (Regression).

(ii) Whether the student has the capacity to recover the skills or behavior patterns in which regression occurred to a level demonstrated prior to the interruption of educational programming (Recoupment).

(iii) Whether the student’s difficulties with regression and recoupment make it unlikely that the student will maintain the skills and behaviors relevant to IEP goals and objectives.

(iv) The extent to which the student has mastered and consolidated an important skill or behavior at the point when educational programming would be interrupted.

(v) The extent to which a skill or behavior is particularly crucial for the student to meet the IEP goals of self-sufficiency and independence from caretakers.

(vi) The extent to which successive interruptions in educational programming result in a student’s withdrawal from the learning process.

(vii) Whether the student’s disability is severe, such as autism/pervasive developmental disorder, serious emotional disturbance, severe intellectual disability, degenerative impairments with mental involvement and severe multiple disabilities.

(b) Reliable sources of information regarding a student’s educational needs, propensity to progress, recoupment potential and year-to-year progress may include the following:

(1) Progress on goals in consecutive IEPs.

(2) Progress reports maintained by educators, therapists and others having direct contact with the student before and after interruptions in the education program.

(3) Reports by parents of negative changes in adaptive behaviors or in other skill areas.

(4) Medical or other agency reports indicating degenerative-type difficulties, which become exacerbated during breaks in educational services.

(5) Observations and opinions by educators, parents and others.

(6) Results of tests, including criterion-referenced tests, curriculum-based assessments, ecological life skills assessments and other equivalent measures.

(c) The need for ESY services will not be based on any of the following:

(1) The desire or need for day care or respite care services.

(2) The desire or need for a summer recreation program.

(3) The desire or need for other programs or services that, while they may provide educational benefit, are not required to ensure the provision of a free appropriate public education.

(d) Students with severe disabilities such as autism/pervasive developmental disorder, serious emotional disturbance; severe intellectual disability; degenerative impairments with mental involvement; and severe multiple disabilities require expeditious determinations of eligibility for ESY services to be provided as follows:

(1) Parents of students with severe disabilities shall be notified by the school entity of the annual review meeting to encourage their participation.

(2) The IEP review meeting must occur no later than February 28 of each school year for students with severe disabilities.

(3) The Notice of Recommended Educational Placement shall be issued to the parent no later than March 31 of the school year for students with severe disabilities.

(4) If a student with a severe disability transfers into a school entity after the dates in paragraphs (2) and (3), and the ESY eligibility decision has not been made, the eligibility and program content must be determined at the IEP meeting.

(e) School entities shall consider the eligibility for ESY services of all students with disabilities at the IEP meeting. ESY determinations for students other than those described in subsection (d) are not subject to the time lines in subsection (d). However, these determinations shall still be made in a timely manner. If the parents disagree with the school entity’s recommendation on ESY, the parents will be afforded an expedited due process hearing.

The provisions of this § 14.132 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.132 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7485. Immediately preceding text appears at serial pages (335443) to (335444).

This section cited in 55 Pa. Code § 3270.4 (relating to definitions); 55 Pa. Code § 3280.4 (relating to definitions); and 55 Pa. Code § 3290.4 (relating to definitions).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.133 Positive behavior support.

(a) Positive, rather than negative, measures must form the basis of behavior support programs to ensure that all students and eligible young children shall be free from demeaning treatment, the use of aversive techniques and the unreasonable use of restraints. Behavior support programs must include research based practices and techniques to develop and maintain skills that will enhance an individual student’s or eligible young child’s opportunity for learning and self-fulfillment. Behavior support programs and plans must be based on a functional assessment of behavior and utilize positive behavior techniques. When an intervention is needed to address problem behavior, the types of intervention chosen for a particular student or eligible young child shall be the least intrusive necessary. The use of restraints is considered a measure of last resort, only to be used after other less restrictive measures, including de-escalation techniques, in accord with subsection (c)(2).

(b) Notwithstanding the requirements incorporated by reference in 34 CFR 300.34, 300.324 and 300.530 (relating to related services; development, review, and revision of IEP; and authority of school personnel), with regard to a child’s behavior, the following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Aversive techniques—Deliberate activities designed to establish a negative association with a specific behavior. Behavior support—The development, change and maintenance of selected behaviors through the systematic application of behavior change techniques. Positive behavior support plans—A plan for students with disabilities and eligible young children who require specific intervention to address behavior that interferes with learning. A positive behavior support plan shall be developed by the IEP team, be based on a functional behavior assessment, and become part of the individual eligible young child’s or student’s IEP. These plans must include methods that utilize positive reinforcement and other positive techniques to shape a student’s or eligible young child’s behavior, ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards. Restraints—

(i) The application of physical force, with or without the use of any device, for the purpose of restraining the free movement of a student’s or eligible young child’s body.

(ii) The term does not include briefly holding, without force, a student or eligible young child to calm or comfort him, guiding a student or eligible young child to an appropriate activity, or holding a student’s or eligible young child’s hand to safely escort her from one area to another.

(iii) The term does not include hand-over-hand assistance with feeding or task completion and techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatment, as agreed to by the student’s or eligible young child’s parents and specified in the IEP. Devices used for physical or occupational therapy, seatbelts in wheelchairs or on toilets used for balance and safety, safety harnesses in buses, and functional positioning devices are examples of mechanical restraints which are excluded from this definition, and governed by subsection (d).

(c) Restraints to control acute or episodic aggressive or self-injurious behavior may be used only when the student is acting in a manner as to be a clear and present danger to himself, to other students or to employees, and only when less restrictive measures and techniques have proven to be or are less effective.

(1) The use of restraints to control the aggressive behavior of an individual student or eligible young child shall cause the school entity to notify the parent of the use of restraint and shall cause a meeting of the IEP team within 10 school days of the inappropriate behavior causing the use of restraints, unless the parent, after written notice, agrees in writing to waive the meeting. At this meeting, the IEP team shall consider whether the student or eligible young child needs a functional behavioral assessment, reevaluation, a new or revised positive behavior support plan, or a change of placement to address the inappropriate behavior.

(2) The use of restraints may only be included in a student’s or eligible young child’s IEP when the following conditions apply:

(i) The restraint is utilized with specific component elements of positive behavior support.

(ii) The restraint is used in conjunction with the teaching of socially acceptable alternative skills to replace problem behavior.

(iii) Staff are authorized to use the procedure and have received the staff training required.

(iv) There is a plan in place for eliminating the use of restraint through the application of positive behavior support.

(3) The use of prone restraints is prohibited in educational programs. Prone restraints are those in which a student or eligible young child is held face down on the floor.

(4) The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment.

(5) School entities shall maintain and report data on the use of restraints as prescribed by the Secretary. The report shall be reviewed during cyclical compliance monitoring conducted by the Department.

(d) Mechanical restraints, which are used to control involuntary movement or lack of muscular control of students when due to organic causes or conditions, may be employed only when specified by an IEP and as determined by a medical professional qualified to make the determination, and as agreed to by the student’s parents. Mechanical restraints shall prevent a student from injuring himself or others or promote normative body positioning and physical functioning.

(e) The following aversive techniques of handling behavior are considered inappropriate and may not be used by agencies in educational programs:

(1) Corporal punishment.

(2) Punishment for a manifestation of a student’s disability.

(3) Locked rooms, locked boxes or other structures or spaces from which the student cannot readily exit.

(4) Noxious substances.

(5) Deprivation of basic human rights, such as withholding meals, water or fresh air.

(6) Suspensions constituting a pattern under § 14.143(a) (relating to disciplinary placement).

(7) Treatment of a demeaning nature.

(8) Electric shock.

(f) School entities have the primary responsibility for ensuring that positive behavior support programs are in accordance with this chapter, including the training of personnel for the use of specific procedures, methods and techniques, and for having a written policy and procedures on the use of positive behavior support techniques and obtaining parental consent prior to the use of restraints or intrusive procedures as provided in subsection (c).

(g) In accordance with their plans, agencies may convene a review, including the use of human rights committees, to oversee the use of restrictive or intrusive procedures or restraints.

(h) Subsequent to a referral to law enforcement, for students with disabilities who have positive behavior support plans, an updated functional behavior assessment and positive behavior support plan shall be required.

The provisions of this § 14.133 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.133 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa. Code 3575. Immediately preceding text appears at serial pages (334877) to (334878).

This section cited in 22 Pa. code § 10.23 (relating to response and handling of a student with a disability); 22 Pa. Code Appendix A (relating to model memorandum of understanding); 55 Pa. Code § 3270.4 (relating to definitions); 55 Pa. Code § 3280.4 (relating to definitions); and 55 Pa. Code § 3290.4 (relating to definitions).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.143 Disciplinary placements.

(a) Notwithstanding the requirements incorporated by reference in 34 CFR 300.530(b) and 300.536 (relating to authority of school personnel; and change of placement because of disciplinary removals), a disciplinary exclusion of a student with a disability for more than 15 cumulative school days in a school year will be considered a pattern so as to be deemed a change in educational placement.

(b) A removal from school is a change of placement for a student who is identified with an intellectual disability, except if the student’s actions are consistent with 34 CFR 300.530(g)(1)—(3) (relating to authority of school personnel).

The provisions of this § 14.143 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.143 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended January 2, 2009, effective January 3, 2009, 39 Pa.B. 17; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7485. Immediately preceding text appears at serial page (363318).

This section cited in 22 Pa. Code § 12.6 (relating to exclusions from school); and 22 Pa. Code § 14.133 (relating to positive behavior support).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.144 Facilities.

The comparability and availability of facilities for students with a disability shall be consistent with the approved intermediate unit or school district plan, which shall provide, by description of policies and procedures, the following:

(1) Students with disabilities will be provided appropriate classroom space.

(2) Moving of a class shall occur only when the result will be:

(i) To bring the location for delivery of special education services and programs closer to the students’ homes.

(ii) To improve the delivery of special education services and programs without reducing the degree to which the students with disabilities are educated with students without disabilities.

(iii) To respond to an emergency which threatens the students’ health or safety.

(iv) To accommodate ongoing building renovations, provided that the movement of students with disabilities due to renovations will be proportional to the number of students without disabilities being moved.

(v) That the location of classes shall be maintained within a school building for at least 3 school years.

(3) Each special education class is:

(i) Maintained as close as appropriate to the ebb and flow of usual school activities.

(ii) Located where noise will not interfere with instruction.

(iii) Located only in space that is designed for purposes of instruction.

(iv) Readily accessible.

(v) Composed of at least 28 square feet per student.

The provisions of this § 14.144 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.145 Least restrictive environment requirements.

Students with disabilities shall be educated in the least restrictive environment. Each school entity shall ensure that:

(1) To the maximum extent appropriate, and as provided in the IEP, the student with a disability is educated with nondisabled peers.

(2) Special classes, separate schooling or other removal of a student with a disability from the regular education class occurs only when the nature or severity of the disability is such that education in the regular education class with the use of appropriate supplementary aids and services cannot be achieved satisfactorily.

(3) A student may not be determined to require separate education because the child cannot achieve at the same level as classmates who do not have disabilities if the child can, with the full range of supplementary aids and services, make meaningful progress in the goals included in the student’s IEP.

(4) A student may not be removed from or determined to be ineligible for placement in a regular education classroom solely because of the nature or severity of the student’s disability, or solely because educating the student in the regular education classroom would necessitate additional cost or for administrative convenience.

(5) School entities shall be required to provide access to a full continuum of placement options.

The provisions of this § 14.145 adopted under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.145 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.146 Age range restrictions.

(a) The maximum age range in specialized settings shall be 3 years in elementary school (grades K—6) and 4 years in secondary school (grades 7—12).

(b) A student with a disability may not be placed in a class in which the chronological age from the youngest to the oldest student exceeds these limits unless an exception is determined to be appropriate by the IEP team of that student and is justified in the IEP.

The provisions of this § 14.146 adopted under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.146 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.151 Purpose.

(a) This section and § § 14.152—14.158 (relating to early intervention) apply to services and programs for eligible young children.

(b) Notwithstanding the requirements incorporated by reference, with regard to early intervention services:

(1) The Department will provide for the delivery of early intervention services.

(2) The Department may provide for the delivery of some or all of these services through mutually agreed-upon written arrangements. Each mutually agreed-upon written arrangement may include memoranda of understanding under an approved plan submitted to the Department by a school entity or other agencies.

The provisions of this § 14.151 amended under sections 1372 and 2603-B of the Public School Code of 1929 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.151 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial page (279589).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.152 Child find, public awareness and screening.

(a) Each early intervention agency shall adopt and use a system to locate and identify eligible young children and young children thought to be eligible who reside within the boundary served by the early intervention agency.

(b) Each early intervention agency shall conduct awareness activities to inform the public of early intervention services and programs and the manner by which to request these services and programs.

(c) Each early intervention agency shall provide annual public notification, published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the area served by the agency of child identification activities and of the procedures followed to ensure confidentiality of information pertaining to eligible young children in accordance with this chapter.

The provisions of this § 14.152 issued under sections 1372 and 2603-B of the Public School Code of 1929 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.152 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

This section cited in 22 Pa. Code § 14.151 (relating to purpose).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.153 Evaluation.

Notwithstanding the requirements in 34 CFR 300.122 (relating to evaluation):

(1) Evaluations shall be conducted by early intervention agencies for children who are thought to be eligible for early intervention and who are referred for evaluation.

(2) Evaluations shall be sufficient in scope and depth to investigate information relevant to the young child’s suspected disability, including physical development, cognitive and sensory development, learning problems, learning strengths and educational need, communication development, social and emotional development, self-help skills and health considerations, as well as an assessment of the family’s perceived strengths and needs which will enhance the child’s development.

(3) The assessment must include information to assist the group of qualified professionals and parents to determine whether the child has a disability and needs special education and related services.

(4) The following time line applies to the completion of evaluations and reevaluations under this section:

(i) Initial evaluation or reevaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60 calendar days after the early intervention agency receives written parental consent.

(ii) Notwithstanding the requirements incorporated by reference in 34 CFR 300.303 (relating to reevaluations), a reevaluation report shall be provided within 60 calendar days from the date that the parental consent for reevaluation was received.

(iii) Reevaluations shall occur at least every 2 years.

(5) Each eligible young child shall be evaluated by an MDT, to make a determination of continued eligibility for early intervention services and to develop an evaluation report in accordance with the requirements concerning evaluation under § 14.123 (relating to evaluation), excluding the provision to include a certified school psychologist where appropriate under § 14.123(a).

The provisions of this § 14.153 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.153 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial page (279590).

This section cited in 22 Pa. Code § 14.151 (relating to purpose).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.154 IEP.

(a) An IEP is a written plan for the provision of appropriate early intervention services to an eligible young child, including services to enable the family to enhance the young child’s development. The IEP shall be based on and be responsive to the results of the evaluation.

(b) Notwithstanding the requirements incorporated by reference, the IEP team shall include:

(1) At least one special education teacher or special education provider.

(2) An agency representative familiar with appropriate activities for preschool children and knowledgeable about the availability of the resources of the early intervention agency. With regard to the adoption of 34 CFR 300.344(a)(4) (relating to IEP team), the agency representative shall be qualified to provide or supervise the provision of specially designed instruction to meet the needs of children with disabilities. This could include a preschool supervisor or service coordinator or designee of the early intervention agency.

(c) With parental consent, the IEP must include a section on family services, which provides for appropriate services to assist the family in supporting the eligible young child’s development.

(d) Notwithstanding the requirements incorporated by reference, the following time lines govern the preparation and implementation of IEPs:

(1) The IEP of each eligible young child shall be implemented as soon as possible, but no later than 14 calendar days after the completion of the IEP.

(2) The IEP of each eligible young child shall be reviewed by the IEP team at least annually.

(e) For children who are within 1 year of transition to a program for school age students, the IEP must contain goals and objectives which address the transition process.

(f) Progress indicators include, but are not limited to, IEP annotation, dated progress and documented parental feedback.

(g) If an eligible young child moves from one early intervention agency to another in this Commonwealth, the new early intervention agency shall implement the existing IEP to the extent possible or shall provide services and programs specified in an interim IEP agreed to by the parents until a new IEP is developed and implemented or until the completion of due process proceedings under this chapter.

(h) Every eligible young child receiving special education and related services provided for in the IEP developed prior to July 1, 2008, shall continue to receive the special education and related services under that IEP subject to the terms, limitations and conditions set forth in law.

The provisions of this § 14.154 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.154 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial pages (279591) and (279592).

This section cited in 22 Pa. Code § 14.151 (relating to purpose).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.155 Range of services.

(a) The Department will ensure that options are available to meet the needs of children eligible for early intervention. The options may be made available directly by early intervention agencies or through contractual arrangements for services and programs with other agencies in the community, including preschools, provided that the other agencies are subject to the supervision or licensure of the Department of Public Welfare or licensed by the State Board of Private Academic Schools.

(b) The IEP team shall recommend early intervention services to be provided in the least restrictive environment with appropriate and necessary supplementary aids and services. The placement options may include one or more of the following:

(1) Early childhood environment. Services provided in a typical preschool program with noneligible young children.

(2) Early childhood special education environment. Services provided in a special education preschool program funded by the early intervention agency.

(3) Home environment. Services provided in the home.

(4) Services outside of the home environment. Services provided outside of the home environment.

(5) Specialized environment. Services provided in a specialized setting, including the following:

(i) An approved private school.

(ii) A residential school, residential facility, State school or hospital or special secure setting.

(iii) An approved out-of-State program.

(c) The duration of early intervention services, in terms of program days and years, must accommodate the individual needs of eligible young children.

(1) The duration of early intervention services shall be developed by each early intervention agency in accordance with the Mutually Agreed upon Written Arrangement (MAWA) and shall be included in the MAWA’s plan under § 14.104 (relating to educational plans).

(2) Some eligible young children may lose skills over breaks and have difficulty in regaining these skills as evidenced through child performance data. In those cases, the IEP team shall consider whether services should be provided during the break period to maintain skills.

(d) The caseloads of professional personnel shall be determined on the basis of the amount of time required to fulfill eligible young children’s IEPs. The following caseload requirements shall be used for preschool early intervention programs:

(1) Early intervention itinerant teachers. Teachers who provide services in a typical preschool, community program or the child’s home, shall have a caseload range of 20—40 children, based on the duration and frequency of service as indicated on each IEP.

(2) Early intervention classroom teachers. Early intervention classroom teachers, who provide specialized instruction in an early intervention classroom, may have up to 6 young children in their classroom and may have additional children up to a maximum of 11, provided that one additional teacher or paraprofessional is assigned to the classroom.

(3) Speech therapists. Speech therapists who provide services in classrooms, typical preschools, community programs or the child’s home shall have 25—50 children based on the duration and frequency of service as indicated on each IEP.

The provisions of this § 14.155 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.155 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial pages (279592) and (295327) to (295328).

Least Restrictive Environment

The definition of the ‘‘mandated least restrictive environment’’ in this Commonwealth’s early intervention regulations differs significantly from that of IDEA, in that it specifically considers that for a preschool aged child, home may be the least restrictive environment. Delaware County Intermediate Unit v. Jonathan S., 809 A.2d 1051 (Pa. Cmwlth. 2002); appeal denied at 835 A.2d 710 (Pa. 2003).

This section cited in 22 Pa. Code § 14.151 (relating to purpose).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.156 System of quality assurance.

The Department will assure in accordance with section 302(b) of the act (11 P. S. § 875-302(b)) through its monitoring and technical assistance activities, a system of quality assurance, including evaluation of the developmental appropriateness, quality and effectiveness of programs; assurance of compliance with program standards; documented progress indicators; and provision of assistance to assure compliance. These requirements will apply to those programs operated by the early intervention agency directly or through providers contracted by the early intervention agency.

The provisions of this § 14.156 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

This section cited in 22 Pa. Code § 14.151 (relating to purpose).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.157 Exit criteria.

(a) Under section 301(14) of the act (11 P. S. § 875-301(14)), children shall be exited subject to § § 14.161 and 141.162 (relating to procedural safeguards) from early intervention based on one or more of the following criteria:

(1) The child has reached the age of beginners and is therefore no longer eligible for early intervention services authorized under the act.

(2) The child has functioned within the range of normal development for 4 months, with an IEP, and as verified by the IEP team.

(3) The parent or guardian withdrew the child from early intervention for other reasons.

(b) If the child does not meet exit criteria and the child’s IEP demonstrates that the child will benefit from services which can be provided only through special education, nothing in the law or this chapter prevents that placement.

The provisions of this § 14.157 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

This section cited in 22 Pa. Code § 14.151 (relating to purpose).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.158 Data collection.

The Department will require early intervention agencies to maintain accurate information concerning eligible young children and the types of services received, and to report that information in aggregate at predetermined dates throughout the fiscal year. The Secretary will prescribe the format, content, data items and time for submission of the required information.

The provisions of this § 14.158 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

This section cited in 22 Pa. Code § 14.151 (relating to purpose).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.162 Impartial due process hearing and expedited due process hearing.

(a) In addition to the requirements incorporated by reference in 34 CFR 300.504 (relating to procedural safeguard notice), with regard to a student who has an intellectual disability or who is thought to have an intellectual disability, a notice when mailed shall be issued to the parent by certified mail (addressee only, return receipt requested).

(b) If parents disagree with the school district’s, or the early intervention agency’s in the case of a young child, identification, evaluation, or placement of, or the provision of a free appropriate public education to the student or young child, the parent may request an impartial due process hearing.

(c) A school district or early intervention agency may request a hearing to proceed with an initial evaluation or a reevaluation when a parent fails to respond to the district or early intervention agency’s proposed evaluation or reevaluation. When a parent rejects the district or early intervention agency’s proposed identification of a child, proposed evaluation, proposed provision of a free appropriate public education or proposed educational placement, other than the initial placement, the school district or early intervention agency may request an impartial due process hearing. If the parent fails to respond or refuses to consent to the initial provision of special education services, neither due process nor mediation may be used to obtain agreement or a ruling that the services may be provided.

(d) The hearing for a school aged child with a disability or thought to be a child with a disability shall be held in the school district at a place and time reasonably convenient to the parents and child involved. A hearing for an eligible young child or thought to be an eligible young child shall be conducted at a place and time reasonably convenient to the parents and child involved. These options shall be set forth in the notice provided for requesting a hearing.

(e) The hearing shall be an oral, personal hearing and shall be closed to the public unless the parents request an open hearing. If the hearing is open, the decision issued in the case, and only the decision, shall be available to the public. If the hearing is closed, the decision shall be treated as a record of the student or young child and may not be available to the public.

(f) The decision of the hearing officer shall include findings of fact, discussion and conclusions of law. Although technical rules of evidence will not be followed, the decision shall be based solely upon the substantial evidence presented at the hearing.

(g) The hearing officer shall have the authority to order that additional evidence be presented.

(h) A written or at the option of the parents, electronic verbatim record of the hearing shall, upon request, be made and provided to parents at no cost.

(i) Parents may be represented by legal counsel and accompanied and advised by individuals with special knowledge or training with respect to the problems of children with disabilities.

(j) A parent or parent’s representative shall be given access to educational records, including any tests or reports upon which the proposed action is based.

(k) A party may prohibit the introduction of evidence at the hearing that has not been disclosed to that party at least 5-business days before the hearing.

(l) A party has the right to compel the attendance of and question witnesses who may have evidence upon which the proposed action might be based.

(m) A party has the right to present evidence and testimony, including expert medical, psychological or educational testimony.

(n) A party to a hearing has the right to obtain written, or, at the option of the parents, electronic findings of fact and decisions.

(o) The decision of the hearing officer regarding a child with a disability or thought to be a child with a disability may be appealed to a court of competent jurisdiction. In notifying the parties of the decision, the hearing officer shall indicate the courts to which an appeal may be taken.

(p) The following applies to coordination services for hearings and to hearing officers:

(1) The Secretary may contract for coordination services for hearings related to a child with a disability or thought to be a child with a disability. The coordination services may include arrangements for stenographic services, arrangements for hearing officer services (including the compensation of hearing officers), scheduling of hearings and other functions in support of procedural consistency and the rights of the parties to hearings. The compensation of hearing officers does not cause them to become employees of the Department.

(2) A hearing officer may not be an employee or agent of the school entity in which the parents or the child with a disability or thought to be a child with a disability resides, or of an agency that is responsible for the education or care of the child with a disability or thought to be a child with a disability or by a person having a personal or professional interest that would conflict with the person’s objectivity in the hearing. A hearing officer shall promptly inform the parties of a personal or professional relationship the officer has or has had with any of the parties.

(q) The following time line applies to due process hearings:

(1) A hearing shall be held after the conclusion of the resolution session under 34 CFR 300.510 (relating to resolution process) or after one of the parties withdraws from mediation or the parties agree to waive or agree to end the resolution session.

(2) The hearing officer’s decision shall be issued within 45 days after the resolution or mediation session ends without resolution or agreement date.

(3) A hearing officer may grant specific extensions of time beyond the periods in paragraphs (1) and (2) at the request of either party.

(4) If an expedited hearing is conducted under 34 CFR 300.532 (relating to appeals), the hearing officer decision shall be mailed within 30 school days of the public agency’s receipt of the request for the hearing without exceptions or extensions.

(r) Each school district and early intervention agency shall keep a list of the persons who serve as hearing officers. The list must include the qualifications of each hearing officer. School districts and early intervention agencies shall provide parents with information as to the availability of the list and shall make copies of it available upon request.

(s) Except as provided in 34 CFR 300.533 (relating to placement during appeals), during the pendency of any mediation proceeding conducted in accordance with 34 CFR 300.506 (relating to mediation), unless the school entity and the parents of the child agree otherwise, the child that is the subject of the mediation shall remain in the current education placement until the mediation process is concluded.

(t) The Department will report to the Board by September 1 each year on the number of impartial due process hearings held during the previous school year. The report will also provide a Statewide summary of the results of the hearings in a manner that will not violate the confidentiality of children and families. The report will also address actions taken during the previous school year and future plans to strengthen the activities of due process hearing proceedings.

The provisions of this § 14.162 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.162 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended April 30, 2004, effective May 1, 2004, 34 Pa.B. 2324; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7485. Immediately preceeding text appears at serial pages (335456) to (335459).

Consumer Complaint

Parents/complainants had no right to appeal a determination of a consumer complaint in which the parents alleged a general failure to provide a preconference hearing and a due process hearing. Complainants are not considered a ‘‘party’’ to a proceeding before the Department upon the filing of a consumer complaint and, therefore, may not file an appeal of a decision. Wolfe v. Lower Merion School District, 801 A.2d 639 (Pa. Cmwlth. 2002).

This section cited in 22 Pa. Code § 11.34 (relating to excusals from attendance for other than temporary reasons).

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.
22 Pa. Code § 14.163 Resolution session.

The resolution session required under 34 CFR 300.510 (relating to resolution process) will be available to parents of both school age and eligible young children with disabilities. Parent advocates may attend the sessions.

The provisions of this § 14.163 adopted under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 14.163 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.

History

  • Authority: The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.
  • Source: The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.

Chapter 15 Protected Handicapped Students

22 Pa. Code § 15.1 Purpose.

(a) This chapter addresses a school district’s responsibility to comply with the requirements of Section 504 and its implementing regulations at 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance) and implements the statutory and regulatory requirements of Section 504.

(b) Section 504 and its accompanying regulations protect otherwise qualified handicapped students who have physical, mental or health impairments from discrimination because of those impairments. The law and its regulations require public educational agencies to ensure that these students have equal opportunity to participate in the school program and extracurricular activities to the maximum extent appropriate to the ability of the protected handicapped student in question. School districts are required to provide these students with the aids, services and accommodations that are designed to meet the educational needs of protected handicapped students as adequately as the needs of nonhandicapped students are met. These aids, services and accommodations may include, but are not limited to, special transportation, modified equipment, adjustments in the student’s roster or the administration of needed medication. For purposes of the chapter, students protected by Section 504 are defined and identified as protected handicapped students.

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Parents—A birth or adoptive parent, a guardian or a person acting as a parent of the student. Protected handicapped student—A student who meets the following conditions:

(i) Is of an age at which public education is offered in that school district.

(ii) Has a physical or mental disability which substantially limits or prohibits participation in or access to an aspect of the student’s school program.

(iii) Is not eligible as defined by Chapter 14 (relating to special education services and programs) or who is eligible but is raising a claim of discrimination under § 15.10 (relating to discrimination claims). School days—The days of the school district’s academic year plus the 14 calendar days before the beginning of the academic year and the 14 calendar days following the completion of the academic year. Section 504—Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794). Service agreement—A written agreement executed by a student’s parents and a school official setting forth the specific related aids, services or accommodations to be provided to a protected handicapped student.

This section cited in 22 Pa. Code § 10.2 (relating to definitions); 22 Pa. Code § 10.23 (relating to response and handling of a student with a disability); 55 Pa. Code § 3270.4 (relating to definitions); 55 Pa. Code § 3280.4 (relating to definitions); and 55 Pa. Code § 3290.4 (relating to definitions).

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.3 General.

A school district shall provide each protected handicapped student enrolled in the district, without cost to the student or family, those related aids, services or accommodations which are needed to afford the student equal opportunity to participate in and obtain the benefits of the school program and extracurricular activities without discrimination and to the maximum extent appropriate to the student’s abilities.

Rehabilitation Act

Section of Rehabilitation Act required public school district to provide occupational therapy services to otherwise eligible student enrolled in and attending private school; student also was enrolled in public school so that he could receive therapy, and applicable Federal and State regulations did not bar student attending private school from enrolling in public school in order to receive services. Lower Merion School District v. Doe, 878 A.2d 925 (Pa. Cmwlth. 2005); appeal granted 899 A.2d 1125 (Pa. 2006); order affirmed 931 A.2d 640 (Pa. 2007).

This section cited in 22 Pa. Code § 10.23 (relating to response and handling of a student with a disability); and 22 Pa. Code Appendix A (relating to model memorandum of understanding).

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.4 Annual notice.

On or before the first day of a school year, a school district shall inform parents of enrolled students that the district does not discriminate against protected handicapped students and the district’s responsibilities under this chapter. The notice may be included in a document reasonably expected to reach the parents of students enrolled in the school district, such as school calendars or brochures.

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.5 School district initiated evaluation and provision of services.

(a) A school district shall send a written notice to the student’s parents if a school district believes that a student meets one or more of the following conditions:

(1) Should be identified as a protected handicapped student.

(2) Should no longer be identified as a protected handicapped student.

(3) Requires a change in or modification of the student’s current service agreement.

(b) The school district’s notice to the parents shall be in the parents’ native language or mode of communication and shall state the following:

(1) The school district believes the student is a protected handicapped student or is no longer a protected handicapped student.

(2) The basis for the school district’s belief.

(3) The proposed change or modification in the service agreement.

(4) The parents’ right to inspect and review all relevant school records.

(5) The parents’ right to meet with appropriate school officials to discuss the issues associated with evaluating or accommodating the student.

(6) The specific related aids, services or accommodations the school district is proposing.

(7) The requirement that the parents agree to the student’s identification as a protected handicapped student and execute a service agreement before the school district will provide the proposed related aids, services or accommodations.

(8) The school district will not modify or terminate the student’s current service agreement without the parents’ written consent, pending completion of the procedures in § 15.8 (relating to procedural safeguards).

(9) The procedural safeguards available to students and their parents.

(c) If the school district needs additional information before it can make a specific recommendation concerning the related aids, services or accommodations needed by the student, the district may ask the parents to provide additional medical records which the parents may have and to grant the district permission to evaluate the student.

(d) The school district initiated request to evaluate a student shall specifically identify the procedures and types of tests which it proposes to use to evaluate the student and inform the parents that they have the right to give or withhold their written consent to these evaluations.

This section cited in 22 Pa. Code Appendix A (relating to model memorandum of understanding).

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.6 Parent initiated evaluation and provision of services.

(a) Parents shall request in writing that their child be evaluated and provided services if they believe their child meets one or more of the following conditions:

(1) Should be identified as a protected handicapped student.

(2) Should no longer be identified as a protected handicapped student.

(3) Requires a change in or modification of the child’s current service agreement.

(b) The parents should include available relevant medical records along with their written request for the provision of services.

(c) Whenever possible the parents’ request for the provision of services shall state the following:

(1) The specific reasons the parents believe the student is or is no longer a protected handicapped student.

(2) The specific related aids, services or accommodations the parents believe the student needs.

(3) The specific modifications the parents would like the school district to make in the student’s current service agreement, if the parents are requesting modification of the student’s current service agreement.

(d) Within 25 school days of receipt of the parents’ written request for the provision of services the school district shall evaluate the information submitted by the parents and send a written response to the parents’ request.

(e) The school district’s response to the parents shall be in the parents’ native language or mode of communication and shall state the following:

(1) Whether the parents’ request or a portion of the parents’ request is being granted or denied.

(2) The parents’ right to meet with the appropriate school officials to discuss the issues associated with accommodating the student.

(3) The procedural safeguards available to students and their parents under § 15.8 (relating to procedural safeguards).

(4) Parents using the procedural safeguards in this chapter may also file suit in Federal court under Section 504.

(f) If upon evaluation of the information submitted by the parents, the school district determines that it needs additional information before it can make a specific recommendation concerning the parents’ request, the district shall ask the parents to provide additional medical records and grant the district permission to evaluate the student.

(g) The school district initiated request to evaluate a student under subsection (f) shall be in writing and specifically identify the procedures and types of tests which it proposes to use to evaluate the student and inform the parents that they have the right to give or withhold their written consent to these evaluations.

This section cited in 22 Pa. Code Appendix A (relating to model memorandum of understanding).

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.7 Service agreement.

(a) If the parents and the school district agree as to what related aids, services or accommodations should or should no longer be provided to the protected handicapped student, the district and parents shall enter into or modify a service agreement. The service agreement shall be written and executed by a representative of the school district and one or both parents. Oral agreements may not be relied upon. The agreement shall set forth the specific related aids, services or accommodations the student shall receive, or if an agreement is being modified, the modified services the student shall receive. The agreement shall also specify the date the services shall begin, the date the services shall be discontinued, and, when appropriate, the procedures to be followed in the event of a medical emergency.

(b) If the parents and the school district cannot agree as to the related aids, services and accommodations that should or should no longer be provided to the protected handicapped student, either party may use the procedural safeguard system under § 15.8 (relating to procedural safeguards) to resolve the dispute, and the school district shall notify parents in writing of their rights in this regard.

(c) In implementing the service agreement, school entities shall address relevant factors, such as educational resources, physical plant and personnel capabilities.

This section cited in 22 Pa. Code § 10.23 (relating to response and handling of a student with a disability); 55 Pa. Code § 3270.4 (relating to definitions); 55 Pa. Code § 3280.4 (relating to definitions); and 55 Pa. Code § 3290.4 (relating to definitions).

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.8 Procedural safeguards.

(a) Parental request for assistance. Parents may file a written request for assistance with the Department if one or both of the following apply:

(1) The school district is not providing the related aids, services and accommodations specified in the student’s service agreement.

(2) The school district has failed to comply with the procedures in this chapter.

(b) Request resolution. The Department will investigate and respond to requests for assistance and, unless exceptional circumstances exist, will, within 60 calendar days of receipt of the request, send to the parents and school district a written response to the request. The response to the parents’ request shall be in the parents’ native language or mode of communication.

(c) Informal conference. At any time parents may file a written request with the school district for an informal conference with respect to the identification or evaluation of a student, or the student’s need for related aid, service or accommodation. Within 10 school days of receipt of the request, the school district shall convene an informal conference. At the conference, every effort shall be made to reach an amicable agreement.

(d) Formal due process hearing. If the matters raised by the school district or parents are not resolved at the informal conference, the district or parents may submit a request for a hearing. The hearing shall be held before an impartial hearing officer and shall be governed by § 14.64(a)—(l), (n) and (o) (relating to impartial due process hearings) if no issues under Chapter 14 (relating to special education services and programs) are raised for decision in the hearing by the parents, school district or hearing officer. If issues under Chapter 14 are raised for decision in the hearing by the parents, school district or hearing officer, an appeal from the hearing officer’s decision shall be governed also by § 14.64(m).

(e) Stay pending judicial appeals. If, within 60 calendar days of the completion of the administrative due process proceedings under this chapter, an appeal or original jurisdiction action is filed in State or Federal Court, the administrative order shall be stayed pending the completion of the judicial proceedings, unless the parents and school district agree otherwise.

This section cited in 22 Pa. Code § 15.5 (relating to school district initiated evaluation and provision of services); 22 Pa. Code § 15.6 (relating to parent initiated evaluation and provision of services); 22 Pa. Code § 15.7 (relating to service agreement); and 22 Pa. Code § 15.10 (relating to discrimination claims).

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.9 Confidentiality.

A school district shall do the following:

(1) Protect the confidentiality of personally identifiable information regarding a protected handicapped student.

(2) Require parental consent before releasing personally identifiable information to unauthorized persons.

(3) Provide access to educational records of the student to the parents or a representative of the parents.

(4) Comply with section 513(a) of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 1232g) and 34 CFR Part 99 (relating to family education rights and privacy).

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.10 Discrimination claims.

Notwithstanding other provisions of this chapter, an eligible or noneligible student under Chapter 14 (relating to special education services and programs) may use the procedures for requesting assistance under § 15.8(a) (relating to procedural safeguards) to raise claims regarding denial of access, equal treatment or discrimination based on handicap. A student filing a claim of discrimination need not exhaust the procedures in this chapter prior to initiating a court action under Section 504.

This section cited in 22 Pa. Code § 15.2 (relating to definitions); and 22 Pa. Code § 15.11 (relating to rules of construction).

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.
22 Pa. Code § 15.11 Rules of construction.

(a) The full description of substantive responsibilities of school entities is set forth in Section 504 and the Section 504 regulations at 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance) and not in this chapter.

(b) Eligible and thought to be eligible students continue to be governed by Chapter 14 (relating to special education services and programs), except for the provisions of § 15.10 (relating to discrimination claims).

(c) It is not the purpose of this chapter to preempt, create, supplant, expand or restrict the rights or liabilities of protected handicapped students or school entities beyond what is contemplated by Section 504, the Section 504 regulations at 34 CFR Part 104 or another law. This chapter does not restrict or limit a parent, protected handicapped student, school entity or the Commonwealth from pursuing claims or defenses available, whether constitutional, statutory, regulatory or common law. This chapter does not restrict or limit a protected handicapped student or school entity from filing a cognizable action, appellate or original in nature, to resolve a dispute under Section 504 or the Federal Section 504 regulations. This chapter does not increase or diminish the jurisdiction of any court.

(d) It is not the intent of the Board that this chapter be interpreted as influencing, in either the plaintiff’s or defendant’s favor, the disposition of a particular civil action. However, this chapter is intended to have the force of law and to be so interpreted by the courts.

History

  • Authority: The provisions of this Chapter 15 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 15 adopted February 22, 1991, effective February 23, 1991, 21 Pa.

Chapter 16 Special Education for Gifted Students

22 Pa. Code § 16.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Agency—An intermediate unit, school district, area vocational technical school, State-operated program or facility, or other public or private organization providing educational services to gifted students or students thought to be gifted. Chapter 4—The State Board of Education regulations as adopted under statutory authority in the School Code. Educational placement—The overall educational environment in which gifted education is provided to a gifted student. GIEP—Gifted Individualized Education Plan. GMDT—Gifted Multidisciplinary Team. Gifted education—Specially designed instruction to meet the needs of a gifted student that is:

(i) Conducted in an instructional setting.

(ii) Provided in an instructional or skill area.

(iii) Provided at no cost to the parents.

(iv) Provided under the authority of a school district, directly, by referral or by contract.

(v) Provided by an agency.

(vi) Individualized to meet the educational needs of the student.

(vii) Reasonably calculated to yield meaningful educational benefit and student progress.

(viii) Provided in conformity with a GIEP. Gifted Multidisciplinary Evaluation—A systematic process of testing, assessment, and other evaluative processes used by a team to develop a recommendation about whether or not a student is gifted or needs gifted education. Gifted student—

(i) A student who is exceptional under section 1371 of the School Code (24 P. S. § 13-1371) because the student meets the definition of ‘‘mentally gifted’’ in this section, and needs specially designed instruction beyond that required in Chapter 4 (relating to academic standards and assessment).

(ii) The term applies only to students who are of ‘‘school age’’ as defined under § 11.12 (relating to school age). Instructional setting—A classroom or other setting in which gifted students are receiving gifted education. Mentally gifted—Outstanding intellectual and creative ability the development of which requires specially designed programs or support services, or both, not ordinarily provided in the regular education program. Parents—A natural or adoptive parent or parents, a guardian or guardians, one or more persons acting as the parent or parents of a student. Party—Parent or school district. Regular classroom—A specific instructional grouping within the regular education environment. Regular education environment—The regular classroom and other instructional settings in which students without a need for gifted education receive instructional programs and the full range of supportive services normally provided to these children. School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). School day—A day in which school is in session. Screening and evaluation process—The systematic determination of whether or not a student is gifted or needs gifted education. Specially designed instruction—Adaptations or modifications to the general curriculum, instruction, instructional environments, methods, materials or a specialized curriculum for students who are gifted. Support services—Services as required under § 16.33 (relating to support services) to assist a gifted student to benefit from gifted education. Examples of the term include:

(i) Psychological services.

(ii) Parent counseling and education.

(iii) Counseling services.

(iv) Transportation to and from gifted programs to classrooms in buildings operated by the school district.

The provisions of this § 16.1 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.1 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial pages (271492) to (271493).

This section cited in 22 Pa. Code § 16.22 (relating to gifted multidisciplinary evaluation).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.2 Purpose.

(a) This chapter specifies how the Commonwealth will meet its obligations to suspected and identified gifted students who require gifted education to reach their potential. It is the intent of the Board that gifted students be provided with quality gifted education services and programs.

(b) The Commonwealth, through the Department, will provide general supervision of services and programs provided under this chapter.

(c) The Department will disseminate information about and promote the use of promising practices and innovative programs to meet the needs of gifted students.

(d) To provide services and programs efficiently, the Commonwealth will delegate operational responsibility to its school districts. Each school district shall, by direct service or through arrangement with other agencies, provide the following:

(1) Services and programs planned, developed and operated for the identification and evaluation of each gifted student.

(2) Gifted education for each gifted student which is based on the unique needs of the student, not solely on the student’s classification.

(3) Gifted education for gifted students which enables them to participate in acceleration or enrichment programs, or both, as appropriate, and to receive services according to their intellectual and academic abilities and needs.

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.3 Experimental programs.

(a) The Secretary may approve exceptions to this chapter for the operation of experimental programs that are anticipated to improve student achievement and that meet certain unique programmatic needs of gifted students. School districts shall submit an annual application for approval of those programs. The application shall:

(1) Include provision for the involvement of parents, administrators and professionals in the design and ongoing review of performance.

(2) Include provisions for annually evaluating the program as to whether it benefits student achievement.

(3) Demonstrate that it has met the following criteria:

(i) A definition of the need that exists which necessitates an experimental program.

(ii) Data to support the existence of the need.

(iii) A description of the program, including the nature of the program, specific goals and objectives to be reached, role and function of personnel involved, and timelines for development, implementation and evaluation.

(b) When an experimental program has been approved for 3-consecutive years and has resulted in improved student achievement under subsection (a), annual application is not needed for the program to continue to operate.

(c) The Secretary may terminate an experimental program for failing to meet the objectives established in the application or for noncompliance with State law or regulations not specifically waived in the Secretary’s approval of the experimental program under subsection (a) upon 60 days notice.

(d) The Secretary will report annually to the Board regarding applications for experimental programs under this section and the disposition of the applications.

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.4 Gifted education plans.

(a) In accordance with § 4.13(e) (relating to strategic plans), each school district shall develop and implement a gifted education plan every 6 years. A school district shall make its gifted education plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school district’s board of directors.

(b) Each school district shall address the following in its gifted education plan:

(1) The process for identifying children who are gifted and in need of specially designed instruction.

(2) The gifted special education programs offered.

(c) Each school district shall provide, as the Department may require, reports of students, personnel and program elements, including the costs of the elements, which are relevant to the delivery of gifted education.

The provisions of this § 16.4 amended under sections 1372, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 13-1372, 26-2603-B and 26-2604-B).

The provisions of this § 16.4 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953; amended July 15, 2016, effective July 16, 2016, 46 Pa.B. 3815. Immediately preceding text appears at serial page (371255).

This section cited in 22 Pa. Code § 4.13 (relating to strategic plans).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.5 Personnel.

(a) Professional personnel shall consist of certified individuals responsible for identifying gifted students and providing gifted education in accordance with Article XI of the School Code (24 P.S. § § 11-1101—11-1192) and this title.

(b) Paraprofessional personnel consist of individuals who work under the direction of professional personnel as defined in this chapter. The duties and training of the paraprofessional staff shall be determined by the employing agency.

(c) A school district and intermediate unit shall provide, under section 1205.1 of the School Code (24 P.S. § 12-1205.1), in-service training for gifted and regular teachers, principals, administrators and support staff persons responsible for gifted education.

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.6 General supervision.

(a) Educational programs for gifted students administered within this Commonwealth are considered to be under the general supervision of the Department and must meet the provisions of this chapter.

(b) The Department will ensure that appropriate and responsible fiscal oversight and control is maintained over the development and provision of gifted education in accordance with this chapter providing for fiscal accountability and prudent management.

(c) The Board will review this chapter at least every 4 years to ensure consistent interpretation and application of this chapter.

(d) The Department will conduct onsite monitoring of school districts on a cyclical basis, or more frequently when necessary, to ensure school district implementation of this chapter. The Department will outline the process and schedule for monitoring in a Basic Education Circular (BEC). The BEC will include:

(1) A description of the elements to be reviewed and the criteria for determining compliance with each element.

(2) A process and procedure to present the monitoring findings to school districts.

(3) A process for school districts to respond to monitoring findings.

(4) A process for resolution of findings, which may include a requirement that school districts develop corrective action plans.

(e) The Department will establish a complaint process that includes:

(1) A process for parents or guardians to file complaints and for school districts to respond.

(2) An opportunity for the district and parent to reach amicable resolution of the issue or, if necessary, a process for the Department to determine the validity of complaints.

(3) Development of an individual corrective action plan, if necessary, to address and correct findings of a valid complaint against a school district.

(4) Enumeration of enforcement steps to be employed by the Department if the district does not implement the corrective action.

(f) The Department will report to the Board, by October 1 of each year, the number and disposition of complaints filed and the schedule and results of monitoring activities.

The provisions of this § 16.6 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P.S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.6 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial page (271495).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.7 Special education.

(a) Nothing in this chapter is intended to reduce the protections afforded to students who are eligible for special education as provided under Chapter 14 (relating to special education services and programs) and sections 601—619 of the Individuals with Disabilities Education Act (20 U.S.C.A. § § 1400—1419).

(b) If a student is determined to be both gifted and eligible for special education, the procedures in Chapter 14 take precedence. For these students identified with dual exceptionalities, the needs established under gifted status in this chapter shall be fully addressed in the procedures required in Chapter 14.

(c) For students who are gifted and eligible for special education, it is not necessary for school districts to conduct separate screening and evaluations or use separate procedural safeguards processes to provide for a student’s needs as both a gifted and an eligible student.

(d) A single IEP shall be developed and implemented, revised and modified in accordance with this chapter and Chapter 14, for students who are identified as eligible under this chapter and Chapter 14.

The provisions of this § 16.7 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.7 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial pages (271495) to (271496).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.21 General.

(a) Each school district shall adopt and use a system to locate and identify all students within that district who are thought to be gifted and in need of specially designed instruction.

(b) Each school district shall conduct awareness activities to inform the public of gifted education services and programs and the manner by which to request these services and programs. These awareness activities shall be designed to reach parents of students enrolled in the public schools and the parents of school age children not enrolled in the public schools. Awareness activities shall be conducted annually and include providing information in local newspapers, other media, student handbooks and on the school district web site.

(c) Each school district shall determine the student’s needs through a screening and evaluation process which meets the requirements of this chapter.

(d) Each school district shall establish procedures to determine whether a student is mentally gifted. This term includes a person who has an IQ of 130 or higher or when multiple criteria as set forth in this chapter and in Department Guidelines indicate gifted ability. Determination of gifted ability will not be based on IQ score alone. Deficits in memory or processing speed, as indicated by testing, cannot be the sole basis upon which a student is determined to be ineligible for gifted special education. A person with an IQ score lower than 130 may be admitted to gifted programs when other educational criteria in the profile of the person strongly indicate gifted ability. Determination of mentally gifted must include an assessment by a certified school psychologist.

(e) Multiple criteria indicating gifted ability include:

(1) A year or more above grade achievement level for the normal age group in one or more subjects as measured by Nationally normed and validated achievement tests able to accurately reflect gifted performance. Subject results shall yield academic instruction levels in all academic subject areas.

(2) An observed or measured rate of acquisition/retention of new academic content or skills that reflect gifted ability.

(3) Demonstrated achievement, performance or expertise in one or more academic areas as evidenced by excellence of products, portfolio or research, as well as criterion-referenced team judgment.

(4) Early and measured use of high level thinking skills, academic creativity, leadership skills, intense academic interest areas, communications skills, foreign language aptitude or technology expertise.

(5) Documented, observed, validated or assessed evidence that intervening factors such as English as a second language, disabilities defined in 34 CFR 300.8 (relating to child with a disability), gender or race bias, or socio/cultural deprivation are masking gifted abilities.

The provisions of this § 16.21 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.21 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial page (271496).

This section cited in 22 Pa. Code § 16.22 (relating to gifted multidisciplinary evaluation).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.22 Gifted multidisciplinary evaluation.

(a) Prior to conducting an initial gifted multidisciplinary evaluation, the school district shall comply with the notice and consent requirements under § § 16.61 and 16.62 (relating to notice; and consent).

(b) Referral for gifted multidisciplinary evaluation shall be made when the student is suspected by teachers or parents of being gifted and not receiving an appropriate education under Chapter 4 (relating to academic standards and assessment) and one or more of the following apply:

(1) A request for evaluation has been made by the student’s parents under subsection (c).

(2) The student is thought to be gifted because the school district’s screening of the student indicates high potential consistent with the definition of mentally gifted or a performance level which exceeds that of other students in the regular classroom.

(3) A hearing officer or judicial decision orders a gifted multidisciplinary evaluation.

(c) Parents who suspect that their child is gifted may request a gifted multidisciplinary evaluation of their child at any time, with a limit of one request per school term. The request must be in writing. The school district shall make the permission to evaluate form readily available for that purpose. If a request is made orally to any professional employee or administrator of the school district, that individual shall provide a copy of the permission to evaluate form to the parents within 10 calendar days of the oral request.

(d) Multidisciplinary evaluations shall be conducted by GMDTs. The GMDT shall be formed on the basis of the student’s needs and shall be comprised of the student’s parents, a certified school psychologist, persons familiar with the student’s educational experience and performance, one or more of the student’s current teachers, persons trained in the appropriate evaluation techniques and, when possible, persons familiar with the student’s cultural background. A single member of the GMDT may meet two or more of the qualifications specified in this subsection.

(e) Gifted multidisciplinary evaluations must be sufficient in scope and depth to investigate information relevant to the student’s suspected giftedness, including academic functioning, learning strengths and educational needs.

(f) The multidisciplinary evaluation process must include information from the parents or others who interact with the student on a regular basis, and may include information from the student if appropriate.

(g) The following protection-in-evaluation measures shall be considered when performing an evaluation of students suspected of being gifted:

(1) No one test or type of test may be used as the sole criterion for determining that a student is or is not gifted.

(2) Intelligence tests yielding an IQ score may not be used as the only measure of aptitude for students of limited English proficiency, or for students of racial-, linguistic- or ethnic-minority background.

(3) Tests and similar evaluation materials used in the determination of giftedness shall be:

(i) Selected and administered in a manner that is free from racial and cultural bias and bias based on disability.

(ii) Selected and administered so that the test results accurately reflect the student’s aptitude, achievement level or whatever other factor the test purports to measure.

(iii) Professionally validated for the specific purpose for which they are used.

(iv) Administered by certified school psychologists under instructions provided by the producer of the tests and sound professional practice.

(v) Selected and administered to assess specific areas of educational need and ability and not merely a single general IQ.

(h) The GMDT shall prepare a written report that brings together the information and findings from the evaluation or reevaluation concerning the student’s educational needs and strengths. The report must make recommendations as to whether the student is gifted and in need of specially designed instruction, indicate the basis for those recommendations, include recommendations for the student’s programming and indicate the names and positions of the members of the GMDT.

(i) The GMDT shall determine eligibility as defined in § § 16.1 and 16.21 (relating to definitions; and general).

(j) The initial evaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60 calendar days after the agency receives written parental consent for evaluation or receives an order of a court or hearing officer to conduct a multidisciplinary evaluation, except that the calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term may not be counted.

The provisions of this § 16.22 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.22 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial pages (271497) to (271498).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.23 Gifted multidisciplinary reevaluation.

(a) Gifted students shall be reevaluated before a change in educational placement is recommended for the student. In addition, gifted students may be reevaluated at any time under recommendation by the GIEP team.

(b) Reevaluations shall be developed in accordance with the requirements concerning evaluation in this chapter.

(c) Reevaluations must include a review of the student’s GIEP, a determination of which instructional activities have been successful, and recommendations for the revision of the GIEP.

(d) The reevaluation timeline for gifted students will be 60 calendar days, except that the calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term may not be counted.

The provisions of this § 16.23 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.23 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial pages (271498) to (271499).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.31 General.

(a) A GIEP is a written plan describing the education to be provided to a gifted student. The initial GIEP must be based on and be responsive to the results of the evaluation and be developed and implemented in accordance with this chapter.

(b) If a gifted student moves from one school district in this Commonwealth to another, the new district shall implement the existing GIEP to the extent possible or provide the services and programs specified in an interim GIEP agreed to by the parents until a new GIEP is developed and implemented in accordance with this section and § § 16.32 and 16.33 (relating to GIEP; and support services) or until the completion of due process proceedings under § § 16.61—16.65 (relating to procedural safeguards).

(c) Every student receiving gifted education prior to July 1, 2008, shall continue to receive gifted education until the student meets one of the following conditions:

(1) The student graduates from high school.

(2) The student is no longer of school age.

(3) A GIEP team determines that the student no longer needs gifted education.

The provisions of this § 16.31 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.31 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial page (271499).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.32 GIEP.

(a) The GIEP team, in accordance with the requirements of this chapter shall, based upon the evaluation report, develop an initial GIEP and arrive at a determination of educational placement. Revisions to GIEPs, changes in educational placement, or continuation of educational placement for a student determined to be a gifted student shall be made by the GIEP team based upon a review of the student’s GIEP and instructional activities, present levels of educational performance, as well as on information in the most recent evaluation.

(b) Each GIEP team must include persons who meet the following qualifications:

(1) One or both of the student’s parents.

(2) The student if the parents choose to have the student participate.

(3) A representative of the district, who will serve as the chairperson of the GIEP team, who is knowledgeable about the availability of resources of the district, and who is authorized by the district to commit those resources.

(4) One or more of the student’s current teachers.

(5) Other individuals at the discretion of either the parents or the district.

(6) A teacher of the gifted.

(c) The school district shall establish and implement procedures designed to ensure that the parents of the gifted student are offered the opportunity to be present at each GIEP team meeting. These procedures must include any one or a combination of the following: documented phone calls, letters and certified letters with return receipts. Agencies shall maintain documentation of their efforts to encourage parents to attend. By including them in the invitation, the following shall be considered reasonable efforts to ensure parent participation in the GIEP meeting:

(1) The purpose, time and location of the meeting.

(2) The names of the persons expected to attend.

(3) The procedural rights available to protect the student and parent, in language which is clear and fully explains all rights.

(4) That a determination will be made at the meeting as to whether or not the student is gifted.

(5) That if the student is determined to be gifted, a GIEP will be developed.

(6) Notifying the parent and other persons who will be attending at least 10 calendar days in advance to ensure that the parent will have an opportunity to attend.

(d) The GIEP of each gifted student shall be based on the GMDT’s written report and contain the following:

(1) A statement of the student’s present levels of educational performance.

(2) A statement of annual goals and short-term learning outcomes which are responsive to the learning needs identified in the evaluation report.

(3) A statement of the specially designed instruction and support services to be provided to the student. For a student with disability identified as eligible under 34 CFR 300.8 (relating to child with a disability), this would include accommodations and modifications in accordance with 34 CFR 300.320(a)(4) (relating to definitions of individualized education program).

(4) Projected dates for initiation, anticipated frequency, location and anticipated duration of gifted education.

(5) Appropriate objective criteria, assessment procedures and timelines for determining, on at least an annual basis, whether the goals and learning outcomes are being achieved.

(6) The names and positions of GIEP team participants and the date of the meeting.

(e) A copy of the GIEP shall be provided to the parents, along with a notice of parental rights under § § 16.61—16.65 (relating to procedural safeguards).

(f) The school district shall notify teachers who work with a student who has been identified as gifted and in need of specially designed instruction of their responsibilities under the student’s GIEP.

(g) The following timeline governs the preparation and implementation of GIEPs:

(1) A GIEP shall be developed within 30 calendar days after issuance of a GMDT’s written report.

(2) The GIEP of each student shall be implemented no more than 10 school days after it is signed or at the start of the following school year if completed less than 30 days before the last day of scheduled classes in accordance with § 16.62(5) (relating to consent).

(3) GIEP team meetings shall be convened at least annually, or more frequently if conditions warrant.

(4) A GIEP team meeting shall also be convened at the request of a GIEP team member, the parent, the student or the school district.

The provisions of this § 16.32 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.32 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial pages (271499) to (271501).

This section cited in 22 Pa. Code § 4.24 (relating to high school graduation requirements); 22 Pa. Code § 16.31 (relating to general); and 22 Pa. Code § 16.62 (relating to consent).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.33 Support services.

(a) The GIEP team, during the development, review or revision of a GIEP, shall determine whether the gifted student needs one or more support services.

(b) The GIEP team shall conclude that transportation to and from school psychological services, parent counseling and education, or another service is a support service if the GIEP team determines that one of the following criteria has been met:

(1) The service is an integral part of an educational objective of the student’s GIEP, without which the GIEP cannot be implemented.

(2) The service is needed to ensure the student benefits from or gains access to a gifted education program.

This section cited in 22 Pa. Code § 16.1 (relating to definitions); and 22 Pa. Code § 16.31 (relating to general).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.41 General.

(a) The GIEP team shall base educational placement decisions on the gifted student’s needs.

(b) Districts may use administrative and instructional strategies and techniques in the provision of gifted education for gifted students which do not require, but which may include, categorical grouping of students. The placement must:

(1) Enable the provision of appropriate specially designed instruction based on the student’s need and ability.

(2) Ensure that the student is able to benefit meaningfully from the rate, level and manner of instruction.

(3) Provide opportunities to participate in acceleration or enrichment, or both, as appropriate for the student’s needs. These opportunities must go beyond the program that the student would receive as part of a general education.

(c) Districts shall adopt board policies relating to caseloads and class sizes for gifted students which:

(1) Ensure the ability of assigned staff to provide the services required in each gifted student’s GIEP.

(2) Address all the educational placements for gifted students used by the district.

(3) Limit the total number of gifted students that can be on an individual gifted teacher’s caseload to a maximum of 75 students. Beginning July 1, 2010, the total number of gifted students that can be on an individual gifted teacher’s caseload is limited to a maximum of 65 students.

(4) Limit the total number of gifted students that can be on an individual gifted teacher’s class roster to a maximum of 20 students.

(d) Caseload and class size maximums may be waived by the Secretary upon written request by the district for extenuating circumstances.

(e) Gifted educational placement may not be based on one or more of the following:

(1) Lack of availability of placement alternatives.

(2) Lack of availability or efforts to make educational or support services available.

(3) Lack of staff qualified to provide the services set forth in the GIEP.

(4) Lack of availability of space or of a specific facility.

(5) Administrative convenience.

The provisions of this § 16.41 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.41 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial page (271502).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.42 Parental placement in private schools.

(a) This chapter does not limit the right of parents to have their gifted children educated at private schools completely at private expense.

(b) The home education program of a gifted child shall be governed by sections 1327 and 1327.1 of the School Code (24 P. S. § § 13-1327 and 13-1327.1).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.61 Notice.

(a) A school district shall document the provision of written notice to the parents of a gifted student at least 10 school days prior to one or more of the following events:

(1) The school district proposes to conduct a gifted multidisciplinary evaluation or reevaluation of the student.

(2) The school district proposes or refuses to initiate or change the identification, evaluation or educational placement of the student, or proposes or refuses to make any significant changes in the GIEP.

(b) A change in the identification, evaluation, educational placement or GIEP of a gifted student may not be made during the pendency of an administrative or judicial proceeding unless agreed to by the parties to the proceeding.

(c) The content of notices to the parents shall be written in language understandable to the general public. If necessary, the content of notices shall be communicated orally in the native language or directly so that the parents understand the content of the notices.

(d) The notice shall include:

(1) A description of the action proposed or refused by the district, an explanation of why the district proposes or refuses to take the action and a description of options the district considered and the reasons why those options were rejected.

(2) A description of each evaluation procedure, type of test, record or report used as a basis for the action.

(3) A description of other factors relevant to the district’s action.

(4) A full explanation of the procedural safeguards, including the right to an impartial hearing available to the student or the parents under this chapter.

(e) The notice shall inform the parents of the following:

(1) The addresses and telephone numbers of various organizations which are available to assist in connection with the hearing.

(2) The timelines involved in conducting an evaluation, developing a GIEP, and initiating a hearing.

(3) An outside evaluation submitted by the parents shall be considered.

(4) The information in § 16.63 (relating to impartial due process hearing).

This section cited in 22 Pa. Code § 16.22 (relating to gifted multidisciplinary evaluation); 22 Pa. Code § 16.31 (relating to general); 22 Pa. Code § 16.32 (relating to GIEP); and 22 Pa. Code § 16.62 (relating to consent).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.62 Consent.

The district shall document that written parental consent is obtained prior to:

(1) Conducting an initial multidisciplinary evaluation.

(2) Initially placing a gifted student in a gifted program.

(3) Disclosing to unauthorized persons information identifiable to a gifted student.

(4) When completed, the GIEP provided for in § 16.32 (relating to GIEP) shall be presented to the parents, along with a notice of recommended assignment signed by the school district superintendent provided for in § 16.61 (relating to notice) and a notice of parental right to an impartial due process hearing under § 16.63 (relating to impartial due process hearing). The notice shall be presented to the parents in person at the conclusion of the GIEP conference or by certified mail within 5-calendar days after the completion of the GIEP conference.

(5) The parents shall have 10-calendar days to respond to a notice of recommended assignment sent by mail or 5 calendar days to respond to a notice presented in person at the conclusion of a GIEP conference. If the parents receive the notice in person and approve the recommended assignment within 5-calendar days, the school district may not implement the GIEP for at least 5-calendar days, to give the parents an opportunity to notify the district within the 5-day period of a decision to revoke the previous approval of the recommended assignment.

This section cited in 22 Pa. Code § 16.22 (relating to gifted multidisciplinary evaluation); 22 Pa. Code § 16.31 (relating to general); and 22 Pa. Code § 16.32 (relating to GIEP).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.63 Impartial due process hearing.

(a) Parents may request in writing an impartial due process hearing concerning the identification, evaluation or educational placement of, or the provision of a gifted education to, a student who is gifted or who is thought to be gifted if the parents disagree with the school district’s identification, evaluation or placement of, or the provision of a gifted education to the student. Unless the school district and the parent of the child agree otherwise, the child involved in the hearing shall remain in the child’s current educational placement pending the outcome of the hearing.

(b) A school district may request a hearing to proceed with an initial evaluation or a reevaluation when a parent fails to respond to the district’s proposed evaluation or reevaluation. When a parent rejects the district’s proposed educational placement, other than the initial placement, the school district may request an impartial due process hearing. If the parent fails to respond or refuses to consent to the initial provision of gifted services, neither due process nor mediation may be used to obtain agreement or a ruling that the services may be provided.

(c) The hearing shall be conducted by and held in the local school district at a place reasonably convenient to the parents. At the request of the parents, the hearing may be held in the evening. These options must be set forth in the form provided for requesting a hearing.

(d) The hearing must be an oral, personal hearing and be open to the public unless the parents request a closed hearing 5 days in advance of the hearing. If the hearing is open, the decision issued in the case, and only the decision, shall be available to the public. If the hearing is closed, the decision shall be treated as a record of the student and may not be available to the public.

(e) The decision of the hearing officer must include findings of fact, a discussion and conclusions of law. Although technical rules of evidence will not be followed, the decision must be based solely upon the substantial evidence presented during the course of the hearing.

(f) The hearing officer shall have the authority to order that additional evidence be presented.

(g) A written transcript of the hearing shall, upon request, be made and provided to parents at no cost.

(h) Parents may be represented by legal counsel and accompanied and advised by individuals with special knowledge or training with respect to students who are gifted.

(i) A parent or a parent’s representative shall be given access to educational records, including any tests or reports upon which the proposed action is based.

(j) A party may prohibit the introduction of evidence at the hearing that has not been disclosed to that party at least 5-calendar days before the hearing.

(k) A party has the right to present evidence and testimony, including expert medical, psychological or educational testimony.

(l) The decision of the impartial hearing officer may be appealed to a court of competent jurisdiction. In notifying the parties of the decision, the hearing officer shall indicate the courts to which an appeal may be taken.

(m) The following applies to coordination services for hearings and to hearing officers:

(1) The Secretary may contract for coordination services for hearings related to a child who is gifted or thought to be gifted. The coordination services may include arrangements for stenographic services, arrangements for hearing officer services (including the compensation of hearing officers), scheduling of hearings and other functions in support of procedural consistency and the rights of the parties to hearings.

(2) A hearing officer may not be an employee or agent of a school district in which the parents or student resides, or of an agency which is responsible for the education or care of the student. A hearing officer shall promptly inform the parties of a personal or professional relationship the officer has or has had with any of the parties. The compensation of hearing officers does not cause them to become employees of the Department.

(n) The following timeline applies to due process hearings:

(1) A hearing shall be held within 30-calendar days after a parent’s or school district’s initial request for a hearing.

(2) The hearing officer’s decision shall be issued within 45-calendar days after the parent’s or school district’s request for a hearing.

(o) Each school district shall keep a list of the persons who serve as hearing officers. The list must include the qualifications of each hearing officer. School districts shall provide parents with information as to the availability of the list and make copies of it available upon request.

(p) The Department will report to the Board by October 1 each year on the number of impartial due process hearings held during the previous school year. The report will also provide a Statewide summary of the results of the hearings in a manner that will not violate the confidentiality of children and families. The report will also address actions taken during the previous school year and future plans to strengthen the activities of due process hearings.

(q) Upon receipt of a final decision from a hearing officer or a court, the school district shall provide to the Department an assurance of its implementation of the order. The assurance shall be filed within 30 school days of the date of the final decision.

The provisions of this § 16.63 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

The provisions of this § 16.63 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial pages (271504) to (271506).

This section cited in 22 Pa. Code § 16.31 (relating to general); 22 Pa. Code § 16.32 (relating to GIEP); 22 Pa. Code § 16.61 (relating to notice); and 22 Pa. Code § 16.62 (relating to consent).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.64 Mediation.

(a) Mediation is a process in which parents and agencies involved in a special education for gifted students dispute may obtain the assistance of an impartial mediator in attempting to reach a mutually agreeable settlement.

(b) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Joint session—A stage of the mediation conference when the mediator meets with the parties and participants together and each party is given a reasonable uninterrupted opportunity to present the issues and concerns. Mediation agreement—A written record of agreement reached by the parties. Mediation conference—A structured, but informal meeting of the parties and participants with a mediator. The purpose of the conference is to develop a mutually acceptable, written agreement that is binding on the parties. Mediator—An impartial, neutral person who helps parties involved in a conflict to develop their own solutions to the dispute. The term does not include a person who makes decisions about the conflict for the parties. Participants—Other persons appearing at the mediation conference on behalf of either party, such as other family members and specialists. Parties—The parents and designated agency personnel involved in the conflict. Private session (caucus)—A private meeting between the mediator and only one of the parties to further clarify that party’s position and to explore possible solutions to the conflict. The mediator may not share information from the private session without consent of the party.

(c) If a dispute is resolved through mediation, a written agreement shall be prepared and placed in the child’s education record. The agreement shall also be incorporated into the GIEP.

(d) During a mediation conference, the mediator shall meet with the parties together in a joint session and individually in private sessions.

(e) Discussions occurring during the mediation session shall be confidential, and no part of the mediation conference shall be recorded.

(f) The mediator may not be called as a witness in future proceedings.

(g) The designated agency involved in the dispute shall send a representative who has the authority to commit resources to the resolution agreed upon by the parties.

(h) The written mediation agreement is not a confidential document and shall be incorporated into the student’s GIEP and is binding on the parties.

(i) The mediation agreement shall be enforceable by the Department.

(j) A GIEP team shall be convened, within 10 school days following the mediation agreement, to incorporate the mediation agreement into the GIEP.

(k) When the mediation conference results in a resolution of the dispute, each party shall receive an executed copy of the agreement at the conclusion of the mediation conference.

(l) Mediation may not be used to deny or delay a party’s right to a due process hearing.

This section cited in 22 Pa. Code § 16.31 (relating to general); and 22 Pa. Code § 16.32 (relating to GIEP).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.
22 Pa. Code § 16.65 Confidentiality.

Each agency shall protect the confidentiality of personally identifiable information regarding a gifted student or a student thought to be gifted in accordance with section 13(a) of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 1232g), 34 CFR Part 99 (relating to family educational rights and privacy), Chapter 12 (relating to students) and other applicable law.

This section cited in 22 Pa. Code § 16.31 (relating to general); and 22 Pa. Code § 16.32 (relating to GIEP).

History

  • Authority: The provisions of this Chapter 16 issued under sections 1371, 2601-B and 2602-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 16 adopted December 8, 2000, effective December 9, 2000, 30 Pa.

Chapter 17 Intermediate Units

22 Pa. Code § 17.1 Operation.

An intermediate unit shall be operated in accordance with the Public School Code of 1949 (24 P. S. § § 1-101—27-2702) and in particular 24 P. S. § § 9-951—9-974, the regulations of the Board and the standards and guidelines of the Secretary.

The provisions of this § 17.1 adopted August 21, 1970, effective August 22, 1970, 1 Pa.B. 196; amended January 17, 1976, effective January 18, 1976, 6 Pa.B. 77. Immediately preceding text appears at serial page (6841).

History

  • Authority: The provisions of this Chapter 17 issued under Article IX-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 17 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 17.2 Conventions.

Conventions shall be called in accordance with section 911-A of the Public School Code of 1949 (24 P. S. § 9-961).

The provisions of this § 17.2 issued under section 408.1 of The Administrative Code of 1929 (71 P. S. § 118.1) (Repealed).

The provisions of this § 17.2 adopted August 21, 1970, effective August 22, 1970, 1 Pa.B. 196; amended January 17, 1976, effective January 18, 1976, 6 Pa.B. 77; amended November 20, 1981, effective November 21, 1981, 11 Pa.B. 4111. Immediately preceding text appears at serial page (24541).

History

  • Authority: The provisions of this Chapter 17 issued under Article IX-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 17 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 17.3 Election of intermediate unit boards of directors.

(a) Seats. Each intermediate unit board of directors shall establish the number of seats on the intermediate unit board in accordance with section 910-A of the Public School Code of 1949 (24 P. S. § 9-960) and shall annually notify the Secretary by December 15 of the number of seats established.

(b) Nominations. Component school districts of the intermediate unit shall present nominations for members to stand for election for the intermediate unit board of directors. Only those school district board members nominated by a majority vote of the school district board may be elected to the intermediate unit board.

(c) Voting. Voting for seats on the intermediate unit board of directors shall conform with the following:

(1) Voting shall be on signed ballot forms provided by the executive director and the ballot shall list the persons nominated under subsection (b).

(2) The ballot used to represent a valid vote shall indicate on its face the proportionate number of votes the director is entitled to cast and the name of the school district.

(3) Each school director of each school board within an intermediate unit shall be entitled to cast a proportionate vote, the proportionate vote to be computed in accordance with the formula specified in the Public School Code of 1949 (24 P. S. § § 1-101—27-2702) from the latest data available to the Secretary.

(4) Votes shall be cast as individual board members and not as a school board vote.

(5) Splitting of proportionate votes and cumulative voting shall be prohibited.

(6) In the event a school director shall cast duplicate votes for a candidate, the proportionate vote shall be counted for that candidate only once.

(7) The school directors receiving the highest number of proportionate votes cast by the directors voting shall be declared elected, provided the limitations as to number per district, as outlined in section 910-A of the Public School Code of 1949 (24 P. S. § 9-960), shall be applied.

(d) Ties. Ties shall be broken by drawing of lots.

(e) Terms. The terms of office of the intermediate unit board of directors shall be for 3 years as provided in section 910-A of the Public School Code of 1949 (24 P. S. § 9-960).

The provisions of this § 17.3 amended under section 408.1 of The Administrative Code of 1929 (71 P. S. § 118.1) (Repealed); amended under sections 775, 951—971 and 2603-B of the Public School Code of 1949 (24 P. S. § § 7-775, 9-951—9-971 and 26-2603-B).

The provisions of this § 17.3 adopted August 21, 1970, effective August 22, 1970, 1 Pa.B. 196; amended January 17, 1976, effective January 18, 1976, 6 Pa.B. 77; amended November 20, 1981, effective November 21, 1981, 11 Pa.B. 4111; amended September 8, 1989, effective September 9, 1989, 19 Pa.B. 3819. Immediately preceding text appears at serial pages (67517) to (67518).

History

  • Authority: The provisions of this Chapter 17 issued under Article IX-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 17 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 17.4 Minutes of a convention.

The presiding intermediate unit board president shall act as the chairman of each convention and, 10 days after the convention, shall file with the Secretary a complete report on the convention. In the case of mail ballot, a report shall also be filed.

The provisions of this § 17.4 amended under section 408.1 of The Administrative Code of 1929 (71 P. S. § 118.1) (Repealed).

The provisions of this § 17.4 adopted August 21, 1970, effective August 22, 1970, 1 Pa.B. 196; amended January 17, 1976, effective January 18, 1976, 6 Pa.B. 77; amended November 20, 1981, effective November 21, 1981, 11 Pa.B. 4111. Immediately preceding text appears at serial page (24542).

History

  • Authority: The provisions of this Chapter 17 issued under Article IX-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 17 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 17.11 Preapproval by Secretary of Education.

A lease for an intermediate unit facility shall be preapproved by the Secretary as required under section 919.1-A of the Public School Code of 1949 (24 P. S. § 9-969.1).

The provisions of this § 17.11 amended under: section 408.1 of The Administrative Code of 1929 (71 P. S. § 118.1) (Repealed); amended under: sections 775, 951—971 and 2603-B of the Public School Code of 1949 (24 P. S. § § 7-775, 9-951—9-971 and 26-2603-B).

The provisions of this § 17.11 adopted August 21, 1970, effective August 22, 1970, 1 Pa.B. 196; amended January 17, 1976, effective January 18, 1976, 6 Pa.B. 77; amended November 20, 1981, effective November 21, 1981, 11 Pa.B. 4111; amended September 8, 1989, effective September 9, 1989, 19 Pa.B. 3819. Immediately preceding text appears at serial page (67519).

History

  • Authority: The provisions of this Chapter 17 issued under Article IX-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 17 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 17.13 Conditions of lease.

The conditions of the lease shall conform to the standards promulgated by the Secretary.

The provisions of this § 17.13 amended under section 775 of the Public School Code of 1949 (24 P. S. § 7-775); and sections 775, 951—971 and 2603-B of the Public School Code of 1949 (24 P.S. § § 7-775, 9-951—9-971 and 20-2603-B).

The provisions of this § 17.13 amended September 8, 1989, effective September 9, 1989, 19 Pa.B. 3819. Immediately preceding text appears at serial pages (67519) to (67520).

History

  • Authority: The provisions of this Chapter 17 issued under Article IX-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 17 adopted August 21, 1970, effective August 22, 1970, 1 Pa.
22 Pa. Code § 17.21 Purchase of facilities.

An intermediate unit may purchase a building for office space and warehouse facilities. The purchase shall be in accordance with section 919.1-A of the Public School Code of 1949 (24 P.S. § 9-969.1). The Secretary will promulgate standards for the preapproval of the purchase.

The provisions of this § 17.21 issued under sections 775, 951—971 and 2603-B of the Public School Code of 1949 (24 P.S. § § 7-775, 9-951—9-971 and 26-2603-B).

The provisions of this § 17.21 adopted September 8, 1989, effective September 9, 1989, 19 Pa.B. 3819.

History

  • Authority: The provisions of this Chapter 17 issued under Article IX-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 17 adopted August 21, 1970, effective August 22, 1970, 1 Pa.

Chapter 18 Financial Recovery

22 Pa. Code § 18.1 Statutory authority.

The statutory authority for this chapter is section 621-A(a)(2) of the School Code (24 P.S. § 6-621-A(a)(2)).

History

  • Authority: The provisions of this Chapter 18 issued under section 621-A(a)(2)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 18 adopted August 12, 2016, effective August 13, 2016, 46 Pa.
22 Pa. Code § 18.2 Purpose.

Consistent with section 621-A(a)(2) of the School Code (24 P.S. § 6-621-A(a)(2)), the purpose of this chapter is to establish criteria that the Secretary may consider in determining whether to issue a declaration that a school district is in financial recovery status, and whether a school district in financial recovery status is in moderate or severe recovery status.

History

  • Authority: The provisions of this Chapter 18 issued under section 621-A(a)(2)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 18 adopted August 12, 2016, effective August 13, 2016, 46 Pa.
22 Pa. Code § 18.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Average daily membership—The final average daily membership of a school district as most recently determined by the Department in accordance with procedures established by the Secretary under section 2501(3) of the School Code (24 P.S. § 25-2501(3)). Claim—The term as defined in section 602-A of the School Code (24 P.S. § 6-602-A)). Deficit—The term as defined in section 602-A of the School Code. Expenditures—The term as defined in section 602-A of the School Code. Financial recovery school district—The term as defined in section 602-A of the School Code. Fixed costs—Expenditures for utility services, insurance-general, communications, energy and debt service as defined in the Manual of Accounting and Related Financial Procedures for Pennsylvania School Systems. Fund equity—The term as defined in section 602-A of the School Code. Revenues—The term as defined in section 602-A of the School Code. School Code—The Public School Code of 1949 (24 P.S. § § 1-101—27-2702). School district—The term as defined in section 602-A of the School Code. Total annual expenditures—

(i) Reductions in fund equity (including current operating expenses that require the use of fund equity), debt service and capital outlays (including all governmental fund types and all proprietary fund types) as defined in the Manual of Accounting and Related Financial Procedures for Pennsylvania School Systems, excluding all fiduciary fund types of the school district.

(ii) The term does not include interfund transfers. Unassigned fund balance—Amounts available for any purpose within the general fund only as defined in the Manual of Accounting and Related Financial Procedures for Pennsylvania School Systems.

History

  • Authority: The provisions of this Chapter 18 issued under section 621-A(a)(2)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 18 adopted August 12, 2016, effective August 13, 2016, 46 Pa.
22 Pa. Code § 18.4 Issuance of declaration under section 621-A(a)(1) of the School Code.

(a) As provided by section 621-A(a)(1) of the School Code (24 P.S. § 6-621-A(a)(1)), the Secretary will issue a declaration that a school district is in financial recovery status when either of the following applies:

(1) The school district has an average daily membership over 7,500 and receives an advance of its basic education subsidy at any time.

(2) The school district receives an advance of its basic education subsidy at any time and either of the following applies:

(i) The school district is subject to a declaration of financial distress under section 691 of the School Code (24 P.S. § 6-691).

(ii) The school district is engaged in litigation against the Commonwealth in which the school district seeks financial assistance from the Commonwealth to allow the school district to continue in operation.

(b) As provided by section 621-A(a)(1)(ii)(B) of the School Code, the Secretary may decline to issue a declaration that a school district is in financial recovery status when the Secretary determines that the school district, within the previous 5 years, has faced an emergency that caused the occurrence of a circumstance in subsection (a).

(c) As provided by section 621-A(b) of the School Code, a school district will not be declared in financial recovery status if the circumstances in subsection (a) have been caused by the failure of the Commonwealth to make a payment of money due to the school district at the time the payment is due, including payment of Federal funding that is distributed through the Commonwealth.

History

  • Authority: The provisions of this Chapter 18 issued under section 621-A(a)(2)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 18 adopted August 12, 2016, effective August 13, 2016, 46 Pa.
22 Pa. Code § 18.5 Issuance of declaration under section 621-A(a)(2) of the School Code.

(a) Consistent with section 621-A(a)(2)(i) of the School Code (24 P.S. § 6-621-A(a)(2)(i)), the Secretary may consider the following criteria when determining whether to issue a declaration that a school district is in financial recovery status:

(1) The school district receives at least 85% of its per pupil funding from the Commonwealth and collects less than 50% of local taxes levied to fund the school district.

(2) The school district’s unreserved fund balance has declined for 3 consecutive years and is less than 5% of the school district’s annual expenditures. As used in this paragraph, a school district’s unreserved fund balance means the school district’s unassigned fund balance.

(3) The school district’s fixed costs are at least 30% of the school district’s total annual expenditures.

(4) The school district’s total outstanding debt is greater than the school district’s total annual expenditures.

(5) The salaries of teachers or other employees of the school district are unpaid at least 15 days after payment is due.

(6) The school district is subject to withholding of its State appropriation under section 633 of the School Code (24 P.S. § 6-633).

(7) The school district is subject to withholding of its State appropriation under section 785 of the School Code (24 P.S. § 7-785).

(8) The school district is subject to withholding of its State appropriation under 53 Pa.C.S. § 8283(c) (relating to remedies).

(9) The school district has defaulted on the payment of a debt due to a school district, intermediate unit or charter school that remains unpaid on or after January 1 of the year following the school year it was due and there is not a dispute regarding the validity or amount of the claim.

(10) The school district’s assigned and unassigned total fund balance is less than zero in the school district’s general fund.

(11) The school district’s assigned and unassigned total fund balance in the school district’s general fund as a percentage of total expenditures is less than 3%.

(12) The school district experiences a delinquent tax rate of more than 10%.

(13) The assessed valuation of taxable real estate in the school district, as certified by the State Tax Equalization Board, has not increased over the previous 5 years.

(14) An amount due a joint board of school directors under a joint board agreement remains unpaid beyond the due date specific in the joint board’s articles of agreement.

(15) The school district has contracted a loan not authorized by law.

(16) The school district has accumulated and operated with a deficit equal to at least 2% of the assessed valuation of the taxable real estate within the school district for 2 successive school years.

(17) The school district experiences a deficit of 3% or more for 3 consecutive school years resulting in a reduction of unassigned fund balance each year.

(18) A new, merged or union school district has been formed and one or more of the former school districts which compose the merged or union school district was a distressed school district under section 691 of the School Code (24 P.S. § 6-691) or a financial recovery school district under Article VI-A of the School Code (24 P.S. § § 6-601-A—6-693-A) at the time of the formation of the new, merged or union school district.

(b) As provided by section 621-A(b) of the School Code, a school district will not be declared in financial recovery status if the circumstances in subsection (a) have been caused by the failure of the Commonwealth to make a payment of money due to the school district at the time the payment is due, including payment of Federal funding that is distributed through the Commonwealth.

(c) The Secretary may decline to issue a declaration that a school district is in financial recovery status when the Secretary determines that the school district, within the previous 5 years, has faced an emergency that caused the occurrence of a circumstance in subsection (a).

(d) When the Secretary issues a declaration that a school district is in financial recovery status, the Secretary will specify the criteria in this section that placed the school district in financial recovery status.

This section cited in 22 Pa. Code § 18.6 (relating to limitation).

History

  • Authority: The provisions of this Chapter 18 issued under section 621-A(a)(2)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 18 adopted August 12, 2016, effective August 13, 2016, 46 Pa.
22 Pa. Code § 18.6 Limitation.

(a) As provided by section 621-A(a)(1)(ii)(A) of the School Code (24 P.S. § 6-621-A(a)(1)(ii)(A)), no more than nine school districts may be under a declaration of financial recovery status or in receivership at any time.

(b) The Secretary may not use information that is more than 5 years old when considering criteria under § 18.5 (relating to issuance of declaration under section 621-A(a)(2) of the School Code).

History

  • Authority: The provisions of this Chapter 18 issued under section 621-A(a)(2)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 18 adopted August 12, 2016, effective August 13, 2016, 46 Pa.
22 Pa. Code § 18.7 Moderate and severe recovery status for declarations issued under section 621-A(a)(2) of the School Code.

(a) Moderate recovery status. The Secretary will issue a declaration that a financial recovery school district is in moderate recovery status under section 621-A(a)(2) of the School Code (24 P.S. § 6-621-A(a)(2)) if the financial recovery school district is not declared by the Secretary in severe recovery status.

(b) Severe recovery status. The Secretary will issue a declaration that a financial recovery school district is in severe recovery status under section 621-A(a)(2) of the School Code if the financial conditions of the school district indicate that the school district is unable, or is reasonably unlikely to be able, to fulfill the 180 days of instruction for pupils requirement provided by section 1501 of the School Code (24 P.S. § 15-1501) for the present school year or for the following school year due to the lack of existing revenue sources and additional revenue sources as are provided by and allowed under law, including the Taxpayer Relief Act (53 P.S. § § 6926.101—6926.5006).

History

  • Authority: The provisions of this Chapter 18 issued under section 621-A(a)(2)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 18 adopted August 12, 2016, effective August 13, 2016, 46 Pa.
22 Pa. Code § 18.8 Appeal.

As provided by section 621-A(c) of the School Code (24 P.S. § 6-621-A(c)), a school district may appeal the Secretary’s declaration of financial recovery status under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law).

History

  • Authority: The provisions of this Chapter 18 issued under section 621-A(a)(2)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 18 adopted August 12, 2016, effective August 13, 2016, 46 Pa.

Chapter 19 Educator Effectiveness Rating Tool

22 Pa. Code § 19.1a General provisions.

The subsections Definitions and Terms, Evaluation Process, Maintaining and Reporting Evaluation Data and Records, and Standards of Use for Rating Tools included in this section are applicable to the evaluation of classroom teachers in § 19.2a (relating to Classroom Teacher Evaluation), principals in § 19.3a (relating to Principal Evaluation) and nonteaching professionals in § 19.4a (relating to Nonteaching Pofessional (NTP) Employee Evaluation).

(a) Definitions and Terms

When used in this chapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise: Assessment—The Pennsylvania System of School Assessment test, the Keystone Exams or another test established by the State Board of Education or approved by an act of the General Assembly to meet the requirements of section 2603-B(d)(10)(i) of the Public School Code (24 P.S. § 26-2603-B(d)(10)(i)) and the requirements of the Every Student Succeeds Act (Pub.L. No 114-95) or its successor statute or required to achieve other standards established by the Department for the school or school district. Attendance Rate—The Average Daily Attendance (ADA) divided by the Average Daily Membership (ADM), where:

(1) ADA is the total number of days of student attendance divided by the total number of days in the regular school year.

(2) ADM is the total number of days enrolled (days present plus days absent) divided by the actual total number of student days in the regular school year. Building—A school or configuration of grades assigned a unique four-digit identification number by the Department. Challenge Multiplier—An adjustment of the building level score by adding points based on the percentage of economically disadvantaged students enrolled in the school. Chief School Administrator—An individual employed as a school district superintendent, an executive director of an intermediate unit, or an administrative director of an area career and technical school. Classroom Teacher—A professional or temporary professional employee who provides direct instruction to students related to a specific subject or grade level. Comprehensive Classroom Observation—An observational classroom visit that includes a pre-conference and post-conference between an evaluator and an employee which may be conducted by telephone or videoconferencing. Upon the mutual agreement of both an evaluator and a professional employee, the requirement of a post-conference may be waived for extenuating circumstances, if the evaluator places written documentation of the comprehensive classroom observation in the professional employee’s file. If the extenuating circumstances are raised by the evaluator, a professional employee who does not receive a post-conference shall not receive a rating of needs improvement or failing on the comprehensive classroom observation component of an evaluation. The requirement of a post-conference shall not be waived for a temporary professional employee. Data-Available Teacher—A classroom teacher who is a professional employee teaching English, language arts, mathematics, science or other content areas as assessed by an Assessment, including the Pennsylvania System of School Assessment and Keystone Exams. Department—The Department of Education of the Commonwealth. Differentiated Supervision—A system of supervision of professional employees that:

(1) Involves a multi-year cycle in which supervisors complete a comprehensive classroom observation for one annual rating in the professional employee’s supervision cycle and in the other years of the cycle collaborate with the professional employee to differentiate supervision by developing individualized goals, learning activities, and measures for the professional employee’s growth in one or more areas listed in section 1138.3(a)(1) or (b)(1) of the Public School Code (24 P.S. § § 11-1138.3(a)(1)) or (b)(1)), a nonteaching professional employee’s growth in one or more areas listed in section 1138.5(a) or (b) of the Public School Code (24 P.S. § § 11-1138.5(a) or (b)).

(2) Is offered only to professional employees who received a proficient or distinguished annual rating in both of the 2 immediately preceding years and is not offered to temporary professional employees.

(3) Is optional for the employer and the professional employee.

(4) In any year in which the professional employee does not receive a comprehensive classroom observation, uses data sources and data collection strategies designed to measure a professional employee’s progress toward the professional employee’s individualized professional goals.

(5) Allows a supervisor to move a professional employee out of individualized professional goals, activities and measures and into comprehensive classroom observation at any time.

(6) Allows a professional employee to move out of individualized professional goals, activities and measures and enter comprehensive classroom observation at any time. District-Designed Measures and Examinations—Methods for evaluating student performance created or selected by a local education agency (LEA). Economically Disadvantaged—The status of a student as reported by a school district, intermediate unit, or area career and technical school through the Pennsylvania Information Management System (PIMS) and determined based upon poverty data sources such as eligibility for Temporary Assistance for Needy Families, Medicaid, or free or reduced-price lunch, census data, residence in an institution for the neglected or delinquent, or residence in a foster home. Educational Specialist—A person who holds an educational specialist certificate issued by the Commonwealth, including but not limited to, a certificate in the area of elementary school counselor, secondary school counselor, social restoration, school nurse, home and school visitor, school psychologist, dental hygienist, instructional technology specialist or nutrition service specialist. Evaluator—Includes the chief school administrator or the chief school administrator’s designee who is an assistant administrator, supervisor or principal, has supervision over the work of the professional employee or temporary professional employee being rated and is directed by the chief school administrator to perform the rating. Graduation Rate—The rate submitted by the Department under the Every Student Succeeds Act State plan that represents the percentage of students in a school who earn a high school diploma within 4 years. Growth—Calculated in the Pennsylvania Value-Added Assessment System (PVAAS) using longitudinal assessment data, growth reflects the level of evidence that a school’s students achieved the expected level of advancement over the academic year. IEP Goals Progress—A measure of growth and student performance for special education students as established in Individualized Education Program (IEP) plans by the LEA IEP team. Keystone Exam—An assessment developed or caused to be developed by the Department under 22 Pa. Code § 4.51 (relating to State assessment system). LEA—Local Education Agency—including a school district, area career technology and technical center, and intermediate unit, which is required to use a rating tool established under sections 1138.1—1138.16 of the Public School Code (24 P.S. § § 11-1138.1—11.1138.16). Locally Developed School District Rubrics—Measures of student performance created or selected by an LEA. Nondata-Available Teacher—A Classroom Teacher teaching in a content area not assessed by an Assessment. Nonteaching Professional (NTP) Employee——An educational specialist or a professional employee or temporary professional employee who provides services and who is not a classroom teacher. PVAAS—Pennsylvania Value-Added Assessment System——A statistical analysis established in compliance with 22 Pa. Code § 403.3 (relating to single accountability system) and used to measure the influence of a district, school, or teacher on the academic progress rates of groups of students from year to year. PVAAS data are made available by the Department under section 221 of the Public School Code (24 P.S. § 2-221). Performance Improvement Plan——A plan, designed by an LEA with documented input of the employee, that:

(1) Provides actionable feedback to an employee on the specific domain within the comprehensive classroom observation and practice models that prevented the employee from achieving a proficient rating. The employer shall consider the documented input from the employee for inclusion in the plan.

(2) Identifies employer resources that will be provided to an employee to help the employee improve. Resources may include, but shall not be limited to, mentoring, coaching, recommendations for professional development and intensive supervision based on the contents of the rating tool provided for under sections 1138.1—1138.16 of the Public School Code. Principal—Includes a building principal, an assistant principal, a vice principal, a supervisor of special education or a director of career and technical education. Professional Employee—Shall include those who are certificated as teachers, supervisors, supervising principals, principals, assistant principals, vice-principals, directors of career and technical education, dental hygienists, visiting teachers, home and school visitors, school counselors, child nutrition program specialists, school librarians, school secretaries the selection of whom is on the basis of merit as determined by eligibility lists and school nurses.

Rating Scale—The method by which a value is assigned during the evaluation of a professional employee using the following levels of performance:

(1) A score of three, or ‘‘distinguished,’’ indicates the employee’s performance consistently reflects teaching professional position and placement at the highest level of practice.

(2) A score of two, or ‘‘proficient,’’ indicates the employee’s performance consistently reflects practice at a professional level.

(3) A score of one, or ‘‘needs improvement,’’ indicates the employee is functioning below proficient for performance expectations required for continued employment.

(4) A score of zero, or ‘‘failing,’’ indicates the employee does not meet performance expectations required for the position.

Temporary Professional Employee—Any individual who has been employed to perform for a limited time the duties of a newly created position or of a regular professional employee whose service has been terminated by death, resignation, suspension or removal.

(b) Evaluation Process

(1) The rating of an employee shall be performed by or under the supervision of the chief school administrator or, if so directed by the chief school administrator, by an assistant administrator, a supervisor, or a principal who has supervision over the work of the professional employee or temporary professional employee being rated, provided that no unsatisfactory rating shall be valid unless approved by the chief school administrator.

(2) An overall performance rating of Distinguished or Proficient shall be considered satisfactory.

(3) An employer may not limit the number of professional employees who may receive an overall performance rating of Distinguished through the employer’s written or spoken policies, guidelines, or other communications or through the employer’s practices.

(4) An overall performance rating of Needs Improvement shall be considered satisfactory, except that any subsequent overall rating of Needs Improvement issued by the same employer within four years of the first overall performance rating of Needs Improvement where the employee is in the same certification shall be considered unsatisfactory.

(5) An overall performance rating of Failing shall be considered unsatisfactory.

(6) No employee will be rated Needs Improvement or Failing based solely on student test scores.

(7) An employee who receives an overall performance rating of Needs Improvement or Failing shall participate in a performance improvement plan.

(8) Nothing in the definition of performance improvement plan shall interfere with the employer’s authority to design a plan.

(9) Professional employees who are considered satisfactory shall be rated no more than once annually.

(10) Professional employees who are considered unsatisfactory shall be rated at least annually.

(i) The first rating shall be calculated using the evaluation measures and weighting delineated in the rating tools as applicable to the employee.

(ii) Interim evaluations are not mandated; however, any interim rating of a professional employee who received an unsatisfactory rating on the annual evaluation shall be comprised of 70% Observation and Practice and 30% LEA Selected Measures, applying practice models, domain weighting and local measures as evaluated using the interim rating tool in Appendix A.

(11) Temporary professional employees shall be rated at least twice annually. The semi-annual rating of a temporary professional employee who serves as a classroom teacher or nonteaching professional shall be based 100% on Observation and Practice.

(12) No employee shall be dismissed for unsatisfactory performance unless the employee has been provided a completed rating tool, which includes a description based upon observations of deficiencies in practice supported by detailed anecdotal records that justify the unsatisfactory rating.

(c) Maintaining and Reporting Evaluation Data and Records

(1) It shall be the duty of the LEA to establish a permanent record system containing ratings for each employee within the LEA.

(2) No employee shall be dismissed for incompetency or unsatisfactory performance unless such rating records have been kept on file by the LEA.

(3) An employee’s individual rating form shall not be subject to disclosure under the Right-to-Know Law (65 P.S. § § 67.101—67.3104).

(4) LEAs shall provide to the Department the aggregate results of all classroom teacher, principal, and nonteaching professional employee evaluations.

(d) Standards of Use for Rating Tools

Designed for LEAs providing early childhood, elementary or secondary education across the Commonwealth, the Educator Effectiveness Rating Tools function as summary records in the evaluation of professional employees and temporary professional employees.

(1) Each tool is comprised of instructions and forms for documenting the results of the evaluation process and consistent with the professional employee’s classification comprised of the following:

(i) Observation and Practice findings and evidence.

(ii) Student Performance Data (if attributable and applicable):

(A) Building Level Data, comprised of Student Performance on Assessments (Assessment), Value-Added Assessment System Data (Growth), Attendance Rate, and Graduation Rate.

(B) Teacher-Specific Data: Student Performance on Assessments (Assessment), Value-Added Assessment System Data (Growth), and IEP Goals Progress.

(C) LEA Selected Measures, comprised of one or more of the following:

(I) Locally developed school district rubrics.

(II) District-designed measures and examinations.

(III) Nationally recognized standardized tests.

(IV) Industry certification examinations.

(V) Student projects under local requirements.

(VI) Student portfolios under local requirements.

(D) Performance Goals for professional employees or temporary professional employees performing as principals, assistant or vice principals, directors of area career and technical centers, or supervisors of special education.

(2) An employee may provide the evaluator with evidence or documented artifacts or both demonstrating the employee’s performance during the most recent rating period which directly pertain to the employee’s Observation and Practice evaluation results; however, the evaluator has the authority to determine whether the evidence or artifacts provided by the employee are relevant to the employee’s Observation and Practice evaluation results.

(3) The following table delineates, by professional employee evaluated, the areas of rating and rating significance in the evaluation process.

(4) Each area of evaluation shall be given a rating, if appropriate to the type of professional employee evaluated (see Table 19.1a-1 previously) and dependent on the applicability and availability of data:

(i) Observation and Practice.

(A) Based on one or more local observations, practice models, evidence, or documented artifacts, a rating of zero, one, two or three shall be assigned to each of the four Observation and Practice domains.

(B) The four domain ratings shall be weighted and summed, providing a single Observation and Practice rating of zero, one, two or three.

(ii) Building Level Data.

(A) A Building Level Score, comprised of available data in Student Performance on Assessments (Assessment), Value-Added Assessment System Data (Growth), Attendance Rate, and Graduation Rate and adjusted by a challenge multiplier as calculated in sections 1138.3(a)(2)(B) and 1138.4(b)(5) of the Public School Code (24 P.S. § § 11-1138.4(b)(5)), will be provided by the Department or its designee and published annually on the Department’s web site with an explanation of the calculation.

(B) The Building Level Score shall be calculated as follows:

(I) Assessment data shall comprise 40% of the Building Level Score, with assessments in English Language Arts, Mathematics and Science accounting for 15%, 15% and 10% of the score respectively. For every tested content area in which a building is missing assessment data, the denominator shall be reduced proportionally.

(II) PVAAS (Growth) data shall comprise 40% of the Building Level Score, with growth in English Language Arts, Mathematics and Science accounting for 15%, 15% and 10% of the score respectively. For every tested content area in which a building is missing PVAAS data, the denominator shall be reduced proportionally.

(III) Attendance Rate and Graduation Rate data each shall comprise 10% of the Building Level Score. Absent Graduation Rate data, Attendance Rate shall comprise 20% of the Building Level Score.

(C) A building must have a minimum of two of the four measures to receive a Building Level Score.

(D) For the evaluation of a professional employee assigned to multiple buildings, a composite Building Level Score shall be calculated proportional to the employee’s building assignments.

(E) The Building Level Score shall be converted to a zero—three point rating utilizing the conversion scale in Table 19.1a-2.

(iii) Teacher-Specific Data: Assessment, Growth, IEP Goals Progress.

(A) Statewide Assessment data applicable and attributable to the classroom teacher will be provided by the Department or its designee, if and when the data are available, with an explanation of how the data were derived. Assessment data shall be assigned a zero—three point rating utilizing the conversion scale in Table 19.1a-3.

(B) Statewide value-added assessment system data applicable and attributable to the classroom teacher will be provided by the Department or its designee, if and when the data are available, with an explanation of how the data were derived. PVAAS (Growth) data shall be assigned a zero—three point rating utilizing the conversion scale in Table 19.1a-4.

(C) Progress toward goals in students’ Individualized Education Plans (IEP Goals Progress) shall be assessed by the LEA, and the LEA shall assign a zero, one, two or three point rating.

(D) Assessment, Growth and IEP Goals Progress ratings shall be weighted and summed, providing a single zero—three point scale rating.

(E) A minimum of one measure is required to receive a rating for TSD: Assessment, Growth, IEP Goals Progress.

(iv) LEA Selected Measures.

(A) LEAs shall use one of the following measures to assess student performance attributable to the professional employee and to assign a zero, one, two- or three-point rating:

(I) Locally developed rubrics.

(II) District-designed measures and examinations.

(III) Nationally recognized standardized tests.

(IV) Industry certification examinations.

(V) Student projects under local requirements.

(VI) Student portfolios under local requirements.

(B) If more than one measure is used for the evaluation of a professional employee, the LEA shall weight and sum the assigned ratings using factors established by the LEA to produce a single LEA Selected Measures rating of zero, one, two or three.

(v) Performance Goals.

(A) Determined before the school year by the principal and the immediate supervisor, district-specific or building-specific Performance Goals include measurable areas with evidence to be collected, and progress monitored, during the year.

(B) The LEA shall assign a zero, one, two- or three-point rating of the attainment of the goals.

(C) If more than one Performance Goal is used for the evaluation of a professional employee, the principal and immediate supervisor may establish weighting for each Performance Goal which the LEA shall use to factor and sum the assigned ratings to produce the single Performance Goal rating of zero, one, two or three.

(5) The rating given to each of the applicable rating areas shall be multiplied by the percentage indicated on the tool and the sum of the results shall be converted into a single overall performance rating of Failing, Needs Improvement, Proficient or Distinguished.

(6) Each rating form shall be marked to indicate the employee’s status as either a professional employee or a temporary professional employee, the overall performance rating and whether the final rating is regarded to be satisfactory or unsatisfactory.

(7) The rating form must be signed by the chief school administrator or by a designated rater, who is an assistant administrator, supervisor or principal, who has supervision over the work of the professional employee being rated, and who is directed by the chief school administrator to perform the rating.

(8) A final rating of unsatisfactory shall not be valid unless signed by the chief school administrator.

(9) A signed copy of the rating form shall be provided to the employee.

(10) All assigned weighting, ratings and other information pertinent to the evaluation must be recorded on the rating form.

(11) Each rating of a professional employee shall be completed using rating forms developed or approved by the Department.

(i) Rating forms, tools, and related documents provided by the Department or its designee will be available at the Department’s web site.

(ii) At the request of an LEA, the Department will review for approval an alternative rating tool that has been authorized by the LEA governing board and that meets or exceeds the measures of effectiveness established by the Department.

(12) The rating forms and tools are not intended to establish mandates or requirements for the formative process of supervising professional employees or to limit or constrain the authority of the chief school administrator of an LEA to initiate and take action on a personnel matter, including dismissal of a professional employee, based on information and data available at the time of the action.

(13) The Department may issue temporary revised conversion tables and temporarily adjust weights of Building Level Data or Teacher-Specific Data or both measures as provided in this chapter in response to a Governor’s proclamation of a disaster emergency when such emergency impacts the reliability of student performance measures as defined in section 1138.3(a)(2). Any revised conversion tables shall be published on the Department’s web site prior to use and may only be utilized for an evaluation year impacted by the declared emergency.

The provisions of this § 19.1a issued under sections 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11 of the Public School Code of 1949 (24 P.S. § § 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11); and sections 201 and 506 of The Administrative Code of 1929 (71 P.S. § § 61 and 186).

The provisions of this § 19.1a adopted March 26, 2021, effective March 31, 2021, 51 Pa.B. 1653.

This section cited in 22 Pa. Code § 19.2a (relating to Classroom Teacher Evaluation); 22 Pa. Code § 19.3a (relating to Principal Evaluation); and 22 Pa. Code § 19.4a (relating to Nonteaching Professional (NTP) Employee Evaluation).

History

  • Authority: The provisions of this Chapter 19 issued under section 1123(a), (b)(2), (e) and (j) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 19 adopted June 21, 2013, effective July 1, 2013, 43 Pa.
22 Pa. Code § 19.2a Classroom Teacher Evaluation.

Educator Effectiveness rating tools, comprised of instructions and forms, function as summary records in the evaluation of the effectiveness of professional employees. Educator Effectiveness rating tools shall be used in accordance with the General Provisions contained in § 19.1a (relating to general provisions).

Table 19.2a-1 represents the rating form for the evaluation of classroom teachers and depicts the significance (that is, weighting) of each rating area to the overall performance rating.

(a) Observation and Practice

(1) The evaluation of the effectiveness of a professional employee or temporary professional employee serving as a classroom teacher shall be based on classroom observation and practice models related to student achievement (see Table 19.1a-1: Rating Areas and Significance by Professional Employee Evaluated).

(2) A rating must be given in each of the four domains of teacher practice, with each domain rating constituting a percentage of the single, summative Observation and Practice rating as denoted in Table 19.2a-2.

(3) The rating for each domain of teacher practice shall be based on the four levels of performance as defined in Table 19.2a-3.

*Copyright [copy ] Charlotte Danielson, 2013

**From Enhancing Professional Practice: A Framework for Teachers, 2nd Edition (pp. 41-42), by Charlotte Danielson, Alexandria, VA: ASCD. [copy ] 2007 by ASCD. Adapted and reproduced with permission.

(4) The Department shall publish on the Department’s web site approved practice models for assessing the four domains. The four domains and practice models establish a framework for the Observation and Practice evaluation of classroom teachers. An LEA may use any portion or combination of the approved practice models related to a domain in determining a domain rating for the professional employee.

(5) Observation and Practice ratings shall be informed using evidentiary source materials noted in the professional employee’s record, including dates and times as applicable. Records may include, but are not limited to, any combination of the following items as appropriate for the employee and the employee’s placement in a classroom and educational program:

(i) Notations of classroom observations, teacher/rater conferences or interviews, or informal observations or visits.

(ii) Lesson plans, unit plans, instructional materials and resources.

(iii) Student work, student records, progress reports and grading.

(iv) Interactions with students and their families (for example, frequency, methods of communication).

(v) Student surveys, family and community feedback.

(vi) Professional growth (for example, coursework, staff development, networking, reflection of practice).

(vii) Examination of sources of evidence provided by the teacher.

(6) Evaluators may include the use of multiple classroom walk-throughs in an academic year to gather evidence and artifacts, provided specific observations are based only on factors that are present or witnessed by the evaluator during the walk-through.

(7) Classroom walk-throughs shall be used to gather evidence in addition to, not in place of, data gathered during one or more comprehensive classroom observations except when defined by a plan of differentiated supervision.

(8) The evidence and evaluator observations and findings shall provide the basis for rating the professional employee’s level of performance in each of the four domains and for assigning each domain a rating with a zero, one, two or three point value.

(9) The rating value for each domain is adjusted by the percentage factor attributed to that domain (see Table 19.2a-1: PDE 13-1 Rating Form, Part (A)); the sum of the adjusted values is the Classroom Teacher Observation and Practice rating.

(b) Student Performance Data

Based on the type of professional employee evaluated (see Table 19.1a-1: Rating Areas and Significance by Professional Employee Evaluated), up to 30% of the overall performance rating for a classroom teacher shall be based on student performance data as applicable and attributable to the individual teacher and comprised of the rating areas delineated in Table 19.2a-4.

(1) Building Level Data.

(i) A Building Level Score is comprised minimally of two of the four measures (Assessment, Growth, Attendance Rate, Graduation Rate). If fewer than two of the four measures are available, the Building Level Data weighting of 10% shall be reallocated to Observation and Practice.

(ii) For a classroom teacher assigned to multiple buildings, a single Building Level Score shall be calculated proportional to the employee’s building assignments.

(iii) A classroom teacher who transfers from one building to another within an LEA shall have the option of using Observation and Practice or other Student Performance Data measures instead of Building Level Data for the first 2 school years of the new location assignment. Before evaluation in the new location assignment, the classroom teacher and the LEA shall agree upon one or more replacement measures and the reallocation of the Building Level Data weighting of 10% to the selected measures to calculate the final performance rating.

(2) Teacher-Specific Data: Assessment, Growth, and IEP Goals Progress.

(i) Data-Available Classroom Teacher.

(A) If directly attributable to the classroom teacher, statewide Assessment data and Growth data, as measured by PVAAS, shall constitute 2.5% and 5% respectively of the overall performance evaluation.

(B) Progress toward goals as identified in students’ Individualized Education Plans (that is, IEP Goals Progress) and assessed by the LEA shall constitute 2.5% of the overall performance rating.

(C) Regardless of certification area, all classroom teachers shall be accountable for student progress toward IEP Goals Progress if students have identified IEP Goals to which the teacher contributes data used by the IEP team to monitor progress. An LEA may establish a minimum number (an n count) for students with associated IEP Goals, below which the classroom teacher shall not be evaluated on IEP Goals Progress.

(I) The n count shall not exceed the n count used by the Department for determining Growth under PVAAS.

(II) The n count shall be comprised of the total number of students with associated IEP Goals taught by the classroom teacher, rather than the number within a single class or course.

(D) The sum of the three ratings, each adjusted for weighting, shall provide a single zero—three-point scale rating for Teacher-Specific Data: Assessment, Growth and IEP Goals Progress that constitutes 10% of the overall performance rating.

(I) In the absence of one of the three indicators for Teacher-Specific Data: Assessment, Growth and IEP Goals Progress, the remaining two indicators shall be weighted each 5% toward the overall evaluation rating of a data-available classroom teacher.

(II) In the absence of two of the three indicators, the remaining indicator shall be weighted 10%.

(III) Absent three indicators, the weighting shall be re-allocated, increasing the factor for the LEA Selected Measures rating area by 10%.

(ii) Non-Data-Available Classroom Teacher and Classroom Teacher without Building Level Data.

(A) Progress in meeting the goals for student individualized education plans (that is, IEP Goals Progress) required under the Individuals with Disabilities Education Act shall constitute 10% of the overall evaluation rating of a non-data-available classroom teacher and a classroom teacher without available Building Level Data as neither has attributable Assessment and Growth data.

(B) Regardless of certification area, all classroom teachers shall be accountable for student progress toward IEP Goals Progress if students have identified IEP Goals to which the teacher contributes data used by the IEP team to monitor progress. An LEA may establish a minimum number (an n count) for students with associated IEP Goals, below which the classroom teacher shall not be evaluated on IEP Goals Progress.

(I) The n count shall not exceed the n count used by the Department for determining Growth under PVAAS.

(II) The n count shall be comprised of the total number of students with associated IEP Goals taught by the classroom teacher, rather than the number within a single class or course.

(C) If the classroom teacher has no students, or fewer students than the LEA established n count, with IEP Goals to which the teacher contributes data used by the IEP team to monitor progress during the evaluation cycle, the 10% weighting shall be re-allocated to the LEA Selected Measures rating area for the evaluation of that classroom teacher.

(c) LEA Selected Measures

(1) LEAs shall use one of the following measures to assess student performance attributable to the classroom teacher and to assign a zero, one, two- or three-point rating:

(i) Locally developed rubrics.

(ii) District-designed measures and examinations.

(iii) Nationally recognized standardized tests.

(iv) Industry certification examinations.

(v) Student projects under local requirements.

(vi) Student portfolios under local requirements.

(2) If more than one measure is used for the evaluation of a professional employee, the LEA shall weight and sum the assigned ratings using factors established by the LEA to produce a single LEA Selected Measures rating of zero, one, two or three.

(3) A classroom teacher shall provide documented input to an evaluator on the development of LEA Selected Measures and annual results of data.

(i) In the analysis of that data, classroom teachers shall have the opportunity to reflect on their success, unanticipated barriers, and any supports that could have been useful to classroom teachers.

(ii) The documented input shall be included with documentation of the classroom teacher’s overall annual rating.

(4) LEA Selected Measures may be revised mid-academic year, if agreed upon by both the administrator and the teacher, and may be reused on an annual basis if a classroom teacher’s goals are updated and continue to offer reflections on their goals for improvement on an annual basis.

The provisions of this § 19.2a issued under sections 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11 of the Public School Code of 1949 (24 P.S. § § 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11); and sections 201 and 506 of The Administrative Code of 1929 (71 P.S. § § 61 and 186).

The provisions of this § 19.2a adopted March 26, 2021, effective March 31, 2021, 51 Pa.B. 1653.

This section cited in 22 Pa. Code § 19.1a (relating to general provisions).

History

  • Authority: The provisions of this Chapter 19 issued under section 1123(a), (b)(2), (e) and (j) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 19 adopted June 21, 2013, effective July 1, 2013, 43 Pa.
22 Pa. Code § 19.3a Principal Evaluation.

Educator Effectiveness rating tools, comprised of instructions and forms, function as summary records in the evaluation of the effectiveness of professional employees as defined. Educator Effectiveness rating tools shall be used in accordance with the General Provisions contained in § 19.1a (relating to general provisions).

Table 19.3a-1 represents the rating form for the evaluation of principals, including assistant or vice principals, directors of career and technical centers, and supervisors of special education, and depicts the significance (that is, weighting) of each rating area to the overall performance rating.

(a) Observation and Practice

(1) The evaluation of the effectiveness of a professional employee serving as a principal shall be based on observation and practice models (see Table 19.1a-1: Rating Areas and Significance by Professional Employee Evaluated).

(2) Approved practice models related to planning and preparation, school environment, delivery of service and professional development shall be aligned to four domains of leadership and published on the Department’s web site. The practice models and four domains establish a framework for the Observation and Practice evaluation of principals. An LEA may use any portion or combination of the approved practice models associated with a domain in determining a domain rating for the professional employee.

(3) A rating must be given in each of the four domains, with each domain rating constituting a percentage of the single, summative Observation and Practice rating.

(4) The percentage, or weighting, assigned to each domain must be established before the start of the evaluation period by the principal and the evaluator (see Table 19.3a-2: Principal Observation & Practice Weighting by Domain).

(i) No domain shall be assigned a value of less than 10% or greater than 30%.

(ii) The total of the four domains must equal 100% of the rating for Observation and Practice.

(5) The rating for each domain of principal practice shall be based on the four levels of performance as defined in Table 19.3a-3.

*Crosswalks pertaining to the four domains in Leadership Observation and Practice in the rating form and the professional practice areas of planning and preparation, school environment, delivery of service, and professional development, as set forth in section 1138.4(a) are posted on the Department’s web site.

(6) Observation and Practice ratings shall be informed using evidentiary source materials noted in the professional employee’s record, including dates and times as applicable. Records may include, but are not limited to, any combination of the following items as appropriate for the employee and the employee’s placement in a school or program:

(i) Notations of professional observations, employee/rater conferences or interviews, or informal observations or visits.

(ii) Communication logs (such as emails, letters, notes regarding phone conversations to parents, staff, students, community members).

(iii) Utilization of formative and summative assessments that impact instruction and critiques of lesson plans.

(iv) Agendas and minutes of meetings, programs, courses, or planning sessions.

(v) Family, parent, school and community feedback.

(vi) Development and implementation of school improvement plans, professional growth programs, in-service programs, student assemblies, safety programs, and other events or programs that promote educational efficacy, health and safety.

(vii) Budget and expenditure reports.

(viii) Professional development documentation toward continuance of certification or licensure or both.

(ix) Examination of sources of evidence provided by the employee.

(7) The evidence and evaluator observations and findings shall provide the basis for rating the professional employee’s level of performance in each of the four domains and for assigning each domain rating a zero, one, two or three point value.

(8) The rating value for each domain is adjusted by the percentage factor attributed to that domain (see Table 19.3a-1: PDE 13-2 Rating Form, Part (A)); the sum of the adjusted values is the Principal Observation and Practice rating.

(b) Student Performance: Building Level Data

(1) Student Performance data as available and attributable at the building level shall comprise 10% of the evaluation of the effectiveness of a professional employee serving as a principal (see Table 19.1a-1: Rating Areas and Significance by Professional Employee Evaluated).

(2) A Building Level Score is comprised minimally of two of the four measures (Assessment, Growth, Attendance Rate, Graduation Rate). If fewer than two of the four measures are available, the Building Level Data weighting of 10% shall be reallocated to Observation and Practice.

(3) For a principal assigned to multiple buildings, a single Building Level Score shall be calculated proportional to the professional employee’s building assignments.

(4) A principal who transfers from one building to another within an LEA shall have the option of using Observation and Practice or Performance Goals measures instead of Building Level Data for the first 2 school years of the new location assignment. Before evaluation in the new location assignment, the principal and the LEA shall agree upon one or more replacement measures and the reallocation of the Building Level Data weighting of 10% to the selected measures to calculate the final performance rating.

(c) Performance Goals

(1) Performance Goals shall comprise 20% of the annual evaluation for all principals.

(2) Performance Goals shall be determined before the beginning of each school year between the principal and the supervising administrator, referencing the Observation and Practice leadership domains and practice models to inform the focus areas of performance. Performance Goals may be district-specific or building-specific goals and should include specific measurable areas and the evidence to be collected during the year.

(3) After the initial meeting to determine goals, the principal and the supervising administrator shall meet midyear to monitor progress on the established Performance Goals and to modify as necessary.

(4) At the conclusion of the school year, the principal and the immediate supervisor shall meet to evaluate the attainment of Performance Goals and a zero, one, two- or three-point rating shall be assigned.

The provisions of this § 19.3a issued under sections 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11 of the Public School Code of 1949 (24 P.S. § 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11); and sections 201 and 506 of The Administrative Code of 1929 (71 P.S. § § 61 and 186).

The provisions of this § 19.3a adopted March 26, 2021, effective March 31, 2021, 51 Pa.B. 1653.

This section cited in 22 Pa. Code § 19.1a (relating to general provisions).

History

  • Authority: The provisions of this Chapter 19 issued under section 1123(a), (b)(2), (e) and (j) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 19 adopted June 21, 2013, effective July 1, 2013, 43 Pa.
22 Pa. Code § 19.4a Nonteaching Professional (NTP) Employee Evaluation.

Educator Effectiveness rating tools, comprised of instructions and forms, function as summary records in the evaluation of the effectiveness of professional employees. Educator Effectiveness rating tools shall be used in accordance with the General Provisions contained in § 19.1a (relating to general provisions).

Table 19.4a-1 represents the rating form, and depicts the significance (that is, weighting) of each rating area in the overall performance rating, for the evaluation of nonteaching professionals which includes educational specialists, instructional professionals other than classroom teachers, supervisor professionals other than supervisors of special education.

(a) Observation and Practice

(1) The effectiveness of a professional employee serving as a nonteaching professional shall be based on observation and practice models (see Table 19.1a-1: Rating Areas and Significance by Professional Employee Evaluated).

(2) A rating must be given in each of the four domains of professional practice, with each domain rating constituting a percentage of the single, summative Observation and Practice rating for the nonteaching professional.

(i) Domains and weighting for Educational Specialists (ES) and for instructional professionals other than Classroom Teachers (CT) are denoted in Table 19.4a-2.

(ii) The rating for each domain of professional practice for educational specialists and instructional professionals other than classroom teachers shall be based on the four levels of performance as defined in Table 19.4a-3.

*Adapted by the Pennsylvania Department of Education with permission from copyrighted material of Charlotte Danielson.

**From Enhancing Professional Practice: A Framework for Teachers, 2nd Edition (pp. 41-42), by Charlotte Danielson, Alexandria, VA: ASCD. [copy ] 2007 by ASCD. Adapted and reproduced with permission.

(iii) The effectiveness of supervisor nonteaching professionals shall be evaluated using the approved practice models published within the Framework for Leadership. A crosswalk between planning and preparation, educational environment, delivery of service and professional development and the Leadership domains is available on the Department’s web site. Domains and weighting for supervisor nonteaching professionals are denoted in Table 19.4a-4.

(iv) The rating for each domain of professional practice for supervisor nonteaching professionals shall be based on the four levels of performance as defined in Table 19.3a-3

(3) Approved practice models shall be published on the Department’s web site. The practice models and associated domains establish frameworks for the Observation and Practice evaluation of nonteaching professionals. In determining a domain rating for the professional employee, an LEA may use any portion or combination of the approved practice models associated with a domain within the framework developed for the role of the nonteaching professional evaluated.

(4) Observation and Practice ratings shall be informed using evidentiary source materials noted in the professional employee’s record, including dates and times as applicable. Records may include, but are not limited to, any combination of the following items as appropriate for the employee and the employee’s placement in a school or program:

(i) Notations of professional observations, employee/rater conferences or interviews, or informal observations or visits.

(ii) Communication logs (such as emails, letters, notes regarding conversations with parents, staff, students, community members).

(iii) Utilization of formative and summative assessments that impact instruction and critiques of lesson plans.

(iv) Agendas and minutes of meetings, programs, courses or planning sessions.

(v) Family, parent, school and community feedback.

(vi) Development and implementation of school improvement plans, professional growth programs, in-service programs, student assemblies, safety programs, and other events or programs that promote educational efficacy, health and safety.

(vii) Budget and expenditure reports.

(viii) Professional development documentation toward continuance of certification or licensure or both.

(ix) Use of professional reflections.

(x) Examination of sources of evidence provided by the employee.

(5) The evidence and evaluator observations and findings shall provide the basis for rating the professional employee’s level of performance in each of the four domains and for assigning each domain rating a zero, one, two- or three-point value.

(6) The rating value for each domain is adjusted by the percentage factor attributed to that domain (see Table 19.4a-1: PDE 13-3 Rating Form, Part (A)); the sum of the adjusted values is the Observation & Practice rating for the nonteaching professional.

(b) Student Performance: Building Level Data

(1) Student Performance data as available and attributable at the building level shall comprise 10% of the evaluation of the effectiveness of a nonteaching professional employee (see Table 19.1a-1: Rating Areas and Significance by Professional Employee Evaluated).

(2) A Building Level Score is comprised minimally of two of the four measures (Assessment, Growth, Attendance Rate, Graduation Rate). If fewer than two of the four measures are available, the Building Level Data weighting of 10% shall be reallocated to Observation and Practice.

(3) For a nonteaching professional assigned to multiple buildings, a single Building Level Score shall be calculated proportional to the professional employee’s building assignments.

(4) Instead of using a Building Level Score, a nonteaching professional who transfers from one building to another within an LEA shall have the option of reallocating the 10% weighting to Observation & Practice or utilizing LEA Selected Measures for the first two school years of the new location assignment. Before evaluation in the new location assignment, the nonteaching professional and the LEA shall agree to the LEA Selected Measures, if applicable, and the reallocation of the weighting of 10% from Building Level Data to Observation and Practice or to LEA Selected Measures to calculate the final performance rating.

The provisions of this § 19.4a issued under sections 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11 of the Public School Code of 1949 (24 P.S. § § 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11); and sections 201 and 506 of The Administrative Code of 1929 (71 P.S. § § 61 and 186).

The provisions of this § 19.4a adopted March 26, 2021, effective March 31, 2021, 51 Pa.B. 1653.

This section cited in 22 Pa. Code § 19.1a (relating to general provisions).

To be utilized for any interim evaluation of a professional employee serving as a classroom teacher, principal, or nonteaching professional in accordance with section 1138.9(2).

(a) When evaluating a professional employee serving as a principal, the LEA may use Performance Goals as a locally developed rubric under LEA Selected Measures.

(b) When evaluating a professional employee serving as a nonteaching professional, the LEA may use a locally developed rubric appropriate to the role and responsibilities of the nonteaching professional.

The provisions of this Appendix A issued under sections 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11 of the Public School Code of 1949 (24 P.S. § § 1138.3(d)(1), 1138.4(e)(1), 1138.5(d)(1) and 1138.11); and sections 201 and 506 of The Administrative Code of 1929 (71 P.S. § § 61 and 186).

The provisions of this Appendix A adopted March 26, 2021, effective March 31, 2021, 51 Pa.B. 1653.

History

  • Authority: The provisions of this Chapter 19 issued under section 1123(a), (b)(2), (e) and (j) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 19 adopted June 21, 2013, effective July 1, 2013, 43 Pa.

Subpart B Educational Facilities

Chapter 21 School Buildings

22 Pa. Code § 21.1 Purpose.

This chapter establishes the process whereby school districts submit plans for school construction, reconstruction, purchase and lease for Department review and, if required by statute, Department approval.

The provisions of this § 21.1 amended under the Public School Code of 1929 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.1 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial pages (98928) to (98929).

Conflict

Since the Department’s regulations and the borough’s building code regulate predominantly different concerns of school building construction, state and local powers are not in material conflict. Skepton v. Borough of Northampton, 486 A.2d 1022 (Pa. Cmwlth. 1985).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.10 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Board of school directors—The board of school directors of a school district or area vocational-technical school, or if the project is initiated by a joint board, the joint board. District—A school district as lawfully constituted under current Commonwealth statutes. Project—An addition to or construction, reconstruction, renovation or purchase of a school building, facility or facilities. Reimbursable project—A school construction or renovation project, or both, eligible for Department reimbursement under Article XXV of the Public School Code of 1949 (24 P. S. § § 25-2501—25-2591). Value engineering—A cost evaluation technique based on a systematic analysis of the functions of a project to identify unnecessary, high costs and to eliminate or modify elements that add cost to the project without contributing to its required function.

The provisions of this § 21.10 amended under the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.10 adopted April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98929).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.21 Department approval.

(a) No public school building may be contracted for, constructed or reconstructed in a school district of the second, third or fourth class until the plans and specifications therefor have been approved by the Department.

(b) A building to be acquired by a school district for school use shall be approved by the Department prior to acquisition.

(c) Public school buildings shall conform to this part as to heating and ventilating systems, light area, floor space and cubical contents under § 21.72 (relating to construction codes); substantiated need under § 21.24 (relating to substantiated need) and cost standards for construction under § § 21.51—21.53 (relating to cost standards).

(d) Lease agreements for school district lease of a building or portion of a building for school use shall be approved by the Department.

(e) Public school buildings or building alteration projects for which Department reimbursement is sought shall be approved by the Department. Plans and specifications for reimbursable projects shall be submitted as required by the Department.

(f) The Department may excuse nonreimbursable projects from the requirements of § § 21.22, 21.24, 21.31, 21.41(a) and 21.73.

(g) Except for emergency situations under section 751 of the Public School Code of 1949 (24 P. S. § 7-751), plans and specifications for nonreimbursable projects shall be submitted to the Department 3 weeks or more prior to bidding.

The provisions of this § 21.21 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98929).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.22 Liaisons.

(a) Each board of school directors initiating a project shall designate a person to act as liaison with the Department on the project.

(b) The Department will designate a person to act as liaison with the school district and the public on the project.

The provisions of this § 21.22 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084. Immediately preceding text appears at serial page (30492).

This section cited in 22 Pa. Code § 21.21 (relating to Department approval).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.24 Substantiated need.

The Department will not approve a project for which the need has not been substantiated. Substantiation of need will be based upon the following criteria:

(1) The educational long-range plan for the district and additional information as may be required by the Department concerning existing facilities, their condition, capacities and adequacy for present and planned use.

(2) Up-to-date enrollment projections as provided by the Department.

(3) As necessary, inspection by the Department of existing school facilities, their condition, capacities and adequacy for present and planned program usage.

The provisions of this § 21.24 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.24 adopted April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98930).

This section cited in 22 Pa. Code § 21.21 (relating to Department approval); and 22 Pa. Code § 21.101 (relating to Construction Planning Manual).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.31 Description of educational goals and facilities.

Prior to obtaining preliminary approval under § 21.71 (relating to plans), a district shall submit to the Department for review and approval, on forms developed and provided by the Department, the following information:

(1) A plan for the district’s site and facility needs which enables architects to design spaces and select materials and equipment best suited to the educational goals of the district.

(2) A description of where particular spaces are located and how spaces are allocated to specific purposes.

The provisions of this § 21.31 amended under sections 701.1, 731, 733 and 735 of the Public Welfare Code (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.31 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial pages (98930) to (98931).

This section cited in 22 Pa. Code § 21.31 (relating to Department approval).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.41 Department review of site reports.

(a) The Department will review proposed construction site reports based on safety, accessibility, proximity to present and projected population and economy of development in order to advise the district on construction site acquisition. Department review of construction sites will proceed under § 21.42 (relating to site analysis).

(b) Prior to district acquisition of a construction site, the Department may require mineral rights acquisition and will require a clear title to the property to be purchased.

(c) Prior to Department review, the district is responsible for obtaining the requisite approval of other agencies, including but not limited to, Department of Environmental Resources, Department of Transportation, Department of Health, the State Police and State and local planning boards which have jurisdiction over the proposed site.

(d) Modifications or reversals of approvals of the agencies or boards listed in subsection (c) shall be submitted to the Department by the district within 5 days of receipt by the district.

The provisions of this § 21.41 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1949 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.41 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial pages (98931) to (98932).

This section cited in 22 Pa. Code § 21.21 (relating to approval); and 22 Pa. Code § 21.71 (relating to plans).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.42 Site analysis.

(a) Report and plan. For a site under consideration for purchase, the district shall prepare and submit to the Department a report which describes the land and its potential use. The report shall be prepared in a method as determined by the Department.

(b) Public meeting. Prior to submission to the Department of site reports required by subsection (a), the board of school directors shall present its report in a public meeting with an opportunity for public comment. The public meeting shall be advertised in the manner of a special local board of school directors meeting. Written public comments shall be submitted to the Department with the site reports required by subsection (a).

(c) Alternate sites. The Department may require submission by the district of reports on alternate sites.

The provisions of this § 21.42 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.42 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 17 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98932).

This section cited in 22 Pa. Code § 21.41 (relating to Department review of site reports); and 22 Pa. Code § 21.71 (relating to plans).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.51 Cost constraints.

If exceptions are not properly requested, justified and approved, the Department will take the following actions:

(1) The Department will not approve a reimbursable building project when the local share of the total commitment of the district to capital debt and interest thereon, including that for the proposed project, is greater than 25% of the total of its revenue from local sources. The calculations shall be from data projected for the fiscal year in which the proposed facilities are to be occupied.

(2) The Department will not approve a reimbursable building project when the sum of the projected local share of the annual cost of amortization of the project and the current local effort, as measured in mills on market value, is greater than the product of the Statewide average for local effort, measured in mills on market value, and 2.0000 minus the current aid ratio of the district. Calculations under this section will be made on forms provided in the Department’s Construction Planning Manual.

(3) The Department will not approve a project if the most recent financial report submitted by the applicant district shows evidence of possible fiscal distress as determined by the Department.

The provisions of this § 21.51 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.51 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98932) to (98933).

This section cited in 22 Pa. Code § 21.21 (relating to Department approval); 22 Pa. Code § 21.82 (relating to bid specifications and bids); and 22 Pa. Code § 21.101 (relating to Construction Planning Manual).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.52 Value engineering.

If appropriate, the Department may require the utilization of value engineering in the development of reimbursable projects. When the Department requires value engineering, the cost will be included in the total project costs.

The provisions of this § 21.52 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.52 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98933).

This section cited in 22 Pa. Code § 21.21 (relating to Department approval); 22 Pa. Code § 21.71 (relating to plans); and 22 Pa. Code § 21.101 (relating to Construction Planning Manual).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.53 Computation of costs.

Maximum building construction cost and maximum project cost shall be computed with Department’s school building standards and Construction Planning Manual.

The provisions of this § 21.53 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.53 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial pages (7365) to (7366).

This section cited in 22 Pa. Code § 21.21 (relating to Department approval); and 22 Pa. Code § 21.101 (relating to Construction Planning Manual).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.61 District hearings.

The board of school directors shall schedule and conduct public information hearings on school building projects as required by sections 1 and 2 of the act of June 27, 1973 (P. L. 75, No. 34) (24 P. S. § § 7-701.1 and 7-731).

The provisions of this § 21.61 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.61 adopted October 2, 1970, effecive October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98933).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.62 Information required.

Information concerning the proposed project shall be made available in a manner and time sufficient to permit citizen review and comment prior to the hearing.

The provisions of this § 21.62 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084. Immediately preceding text appears at serial page (98933).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.63 Department hearings.

The Department may conduct hearings on a project at any time.

The provisions of this § 21.63 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.63 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98933).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.71 Plans.

(a) The Department will provide written comment to the board of school directors on a district’s preliminary plans. Department approval of preliminary plans is contingent upon the following:

(1) The submission by the board of school directors of documents required by § § 21.24, 21.31, 21.41, 21.42, 21.52 and 21.72.

(2) A determination by the Department that no aspect of the project upon completion presents danger to the health or safety of the users of the facility or the public.

(3) A written response by the board of school directors to the Department’s comments on the plan, including documentation that the comments of the Department have been discussed at a public meeting before the local board of school directors and that the public has been given an opportunity to comment. The public meeting shall be advertised in the same manner as a regular local board of school directors meeting. The board’s written response shall include a complete summary of public comments on the project.

(b) The Department will notify the local board of school directors of its decision concerning approval or disapproval of preliminary plans within 30 days of submission of items in subsection (a).

The provisions of this § 21.71 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.71 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98934).

This section cited in 22 Pa. Code § 21.31 (relating to description of educational goals and facilities); and 22 Pa. Code § 21.81 (relating to plans).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.72 Construction codes.

The Department will maintain a list of current, generally accepted construction codes and guidelines. The list will include, but not be limited to, the codes and guidelines of the Department, the Council of Educational Facilities Planners (CEFP), the American National Standards Institute (ANSI) and the American Society for Testing and Materials (ASTM). The board of school directors shall select whichever code or portion of a code it intends to follow and shall notify the Department of its selection.

The provisions of this § 21.72 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.72 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98934).

This section cited in 22 Pa. Code § 21.21 (relating to Department approval); 22 Pa. Code § 21.101 (relating to Construction Planning Manual); and 22 Pa. Code § 349.16 (relating to construction codes and guidelines).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.73 Cost estimates.

The board of school directors shall prepare and submit, in accordance with standards of the Department, cost estimate forms to permit the identification and substantiation of:

(1) Total project costs.

(2) Building cost items which are excludable from aggregate building expenditure standard calculations.

(3) Reimbursable site development costs.

(4) Reimbursable rough grading costs.

(5) Sewage system costs.

The provisions of this § 21.73 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084. Immediately preceding text appears at serial page (98934).

This section cited in 22 Pa. Code § 21.21 (relating to Department approval).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.81 Plans.

The Department will approve final plans when the plans conform to the requirements of § 21.71 (relating to plans), standards as prepared by the Department, and the requirements of other departments and agencies, including the provisions of the act of September 1, 1965 (P. L. 459, No. 240) (71 P. S. § § 1455.1—1455.3a), relating to grounds, buildings, and facilities. The board of school directors shall submit to the Department certification of all necessary approvals from local, regional, and state agencies relating to health, safety, design, planning highway access, and freedom from flooding and subsidence.

The provisions of this § 21.81 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; reserved October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084. Immediately preceding text appears at serial page (30498).

In that neither the Department of Education nor the school district need comply with 37 Pa.C.S. § 508 (relating to interagency cooperation) before approval of plan to demolish and reconstruct portions of a school building, issue of Department procedures, review and approval is moot. Goldsborough v. Department of Education, 576 A.2d 1172 (Pa. Cmwlth. 1990); affirmed 599 A.2d 645 (Pa. 1991).

The public School Code and Education Regulations permit local regulation of school building construction that is supplement to, or consistent with, State standards. Skepton v. Borough of Northampton, 486 A.2d 1022 (Pa. Cmwlth. 1985).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.82 Bid specifications and bids.

The board of school directors shall submit to the Department, for its approval, bid specifications and the bids to be accepted by the board. The Department will give final approval to bids when the bids to be accepted by the board of school directors are below the cost constraints of § 21.51 (relating to constraints) and meet the requirements of section 751 of the Public School Code of 1949 (24 P. S. § 7-751).

The provisions of this § 21.82 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; reserved October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084. Immediately preceding text appears at serial page (30498).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.83 Appeal.

If final approval of a school building construction or reconstruction project is denied, the applicant board of school directors may request a hearing. The hearing shall be conducted under 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

The provisions of this § 21.83 amended under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.83 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; reserved October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended April 22, 1977, effective April 23, 1977, 7 Pa.B. 1084; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553. Immediately preceding text appears at serial page (98935).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.91 Advisory committee.

A Department school building advisory committee will report annually to the Board on the status of Department standards and guidelines and on the need for revision or amendment to this chapter. Once every 3 years the committee will assess and report on the need for a complete revision to this chapter and, when necessary, prepare the revisions.

The provisions of this § 21.91 issued under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.91 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; reserved October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553.

This section cited in 22 Pa. Code § 21.101 (relating to Construction Planning Manual).

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.
22 Pa. Code § 21.101 Construction Planning Manual.

(a) In order to provide detailed information regarding the requirements of this chapter and related standards and construction codes, the Department will prepare, periodically update and make available to school districts a Construction Planning Manual.

(b) The Construction Planning Manual will contain:

(1) This chapter.

(2) References to and explanations of construction codes as provided by § 21.72 (relating to construction codes).

(3) Requirements concerning the substantiation of need as provided by § 21.24 (relating to substantiated need).

(4) Cost standards as provided by § § 21.51—21.53 (relating to cost standards).

(5) Interpretations and guidelines for the implementation of this chapter.

(6) Forms, worksheets and procedures necessary for compliance with this chapter.

(c) The Construction Planning Manual will not contain material which conflicts with the requirements of this chapter or which expands or limits the requirements established by this chapter.

(d) The Construction Planning Manual will be revised and periodically updated by the Department in consultation with the advisory committee as established under § 21.91 (relating to advisory committee).

(e) Copies of the Construction Planning Manual are available upon request without cost to the school districts by contacting the Bureau of Basic Education Fiscal Administration, Division of Physical Plant and Construction, Department of Education, 333 Market Street, Harrisburg, Pennsylvania 17126-0333, (717) 787-5480.

The provisions of this § 21.101 issued under sections 701.1, 731, 733 and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735); section 1319 of The Administrative Code of 1929 (71 P. S. § 369); and sections 2574.1 and 2576 of the Public School Code of 1949 (24 P. S. § § 25-2574.1 and 25-2576).

The provisions of this § 21.101 adopted October 2, 1970, effective October 3, 1970, 1 Pa.B. 324; reserved October 6, 1972, effective October 7, 1972, 2 Pa.B. 1889; amended February 5, 1988, effective July 1, 1988, 18 Pa.B. 553.

History

  • Authority: The provisions of this Chapter 21 issued under sections 731—2702 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 21 adopted October 2, 1970, effective October 3, 1970, 1 Pa.

Chapter 23 Pupil Transportation

22 Pa. Code § 23.1 Compliance with regulations.

School districts furnishing pupil transportation service shall comply with the Public School Code of 1949 (24 P. S. § § 1-101—27-2702), 75 Pa.C.S. § § 101—9701 (relating to Vehicle Code), regulations adopted by the Board and regulations of the Bureau of Motor Vehicles of the Department of Transportation of the Commonwealth (67 Pa. Code Chapters 71 and 171 (relating to school bus drivers; and school buses and school vehicles)).

The provisions of this § 23.1 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 727; amended June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and to reimbursement payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial page (21513).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.2 Approval of means of pupil transportation.

The means of pupil transportation to and from school, whether furnished by school conveyances, private conveyances or common carriers, and contracts and agreements relating thereto, shall be subject to approval by the Department.

The provisions of this § 23.2 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 727; amended June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453. Immediately preceding text appears at serial page (7369).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.3 Exceptional pupils, kindergarten pupils, and vocational-technical pupils.

Insofar as it is feasible, transportation for exceptional pupils, kindergarten pupils and area vocational-technical school pupils shall be integrated with regular transportation service.

The provisions of this § 23.3 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 727; amended June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453. Immediately preceding text appears at serial page (7369).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.4 Responsibilities of the district board of school directors.

The board of directors of a school district is responsible for all aspects of pupil transportation programs, including the following:

(1) The selection of means of transportation in conformance with the law and regulations.

(2) The selection and approval of appropriate vehicles for use in district service and eligible operators who qualify under the law and regulations.

(3) The establishment of routes, schedules and loading zones which comply with laws and regulations, together with a provision of planned instruction for school bus drivers serving in the district.

(4) The adoption of policies and establishment of criteria and procedures governing:

(i) The eligibility of resident pupils for free transportation services.

(ii) The discipline related to transportation for both public and nonpublic school pupils.

(iii) Field trips, including the number of chaperons and whether the chaperons may be accompanied on field trips by their minor children.

(5) The furnishing of rosters of pupils to be transported on each school bus run and trip.

(6) The maintenance of a record of pupils transported to and from school, including determination of pupils’ distances from home to pertinent school bus loading zones.

(7) The negotiation and execution of contracts or agreements with contractors, drivers of district’s vehicles and common carriers and submission of pertinent documents to the Department for approval of operation.

(8) Assuring that vehicles used in transporting pupils have adequate public liability insurance coverage.

The provisions of this § 23.4 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 727; amended June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and to reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial pages (21513) and (14007).

Intermediate Units

Intermediate units have boards of directors distinct from those of school districts and are not subject to the regulations regarding mandatory public liability insurance. Kaufman v. Central Susquehanna Intermediate Unit No. 16, 601 A.2d 412 (Pa. Cmwlth. 1991).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.5 Shared use of the same vehicle.

If two or more school districts or administrative units share the same vehicle in providing pupil transportation, the basic annual allowance per vehicle shall be prorated to each district or administrative unit in accordance with annual pupil miles of service rendered to that individual district.

The provisions of this § 23.5 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 727; amended June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and to reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial page (14006).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.6 Authorized passengers.

Only eligible pupils and school personnel authorized by the board of school directors shall be transported on the school bus while engaged in transporting pupils. The board of school directors also may authorize vehicle drivers to be accompanied by their minor children. The board of school directors also may authorize eligible pupils to be accompanied by their minor children to facilitate the eligible pupils’ attendance at school.

The provisions of this § 23.6 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 727; amended June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and to reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial pages (6850) and (7370).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.31 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Administrative unit—A school district, intermediate unit or area vocational technical school. Age of a vehicle—The remainder determined by subtracting the year of manufacture of the chassis from the calendar year in which the school term of usage ends. Approved annual mileage—The product of the approved daily mileage times the number of days in the school term on which transportation to and from school was provided on the designated vehicle. Approved daily mileage—ileage which the vehicle travels daily in transporting pupils to and from school, as approved by the Department, but the number of miles approved without passengers shall not exceed the number of miles with passengers. One-way trip fares—The agreed upon rate per pupil for a specified distance or area. Utilized passenger capacity miles—The product of the utilized passenger capacity times the approved annual mileage of the vehicle in transportation of pupils to and from school. Utilized passenger capacity of vehicle—The greatest number of pupils transported to or from school on a run. This figure may not exceed the approved passenger capacity of the vehicle. If the seating capacity of a vehicle is permanently reduced to accommodate transportation of certain exceptional pupils, the equivalent utilized capacity of the vehicle may be used in computing maximum allowable costs for reimbursement purposes upon submission of evidence justifying eligibility for the equalization being granted.

The provisions of this § 23.31 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 727; amended June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended December 23, 1977, effective December 24, 1977, 7 Pa.B. 3925; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and to reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial pages (34891) to (34892).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.32 Submission of claims to the Department.

(a) Sworn statements of claims for reimbursement shall be submitted to the Department on the prescribed forms furnished for that purpose.

(b) Claims for reimbursement shall cover allowable district expenditures for approved pupil transportation, or for lodging provided in lieu of transportation, during the preceding year.

The provisions of this § 23.32 adopted June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and to reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial page (34892).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.33 Regular reimbursement.

Regular reimbursement shall be determined by multiplying the approved reimbursable costs of approved reimbursable pupil transportation expended during the preceding year times the applicable aid ratio of the school district. In determining approved reimbursable costs, maximum allowable costs are subject to a prorated reduction on the basis of cost per utilized passenger capacity mile for those pupils for whom transportation reimbursement is not authorized by law. In addition, depreciation payments are made to qualifying school districts.

The provisions of this § 23.33 adopted June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and to reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial page (21517).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.34 Transportation furnished on a fare base.

Maximum allowable costs for reimbursement purposes shall be determined by multiplying the number of one-way trip fares paid for qualifying pupils transported to and from school in accordance with the approved agreement times the approved rate per one-way trip fare.

The provisions of this § 23.34 adopted June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and to reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial page (21517).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.35 Transportation by contract.

(a) To compute the maximum allowable costs for reimbursement purposes, the allowable amount shall be determined by adding together the items covered in subsection (b) if they are applicable. The maximum allowable costs per contractor exceed the amount paid to the contractor under the terms of the approved written contract.

(b) The maximum allowable costs for reimbursement are the sum of the amounts determined in accordance with the following:

(1) A basic annual allowance per vehicle shall be computed as follows:

(i) For each vehicle approved and used in pupil transportation both to and from school during the full school term under an approved contract, an allowance of $540 shall be made except that for vehicles with an approved rated pupil capacity of ten or less, the allowance shall be $360. Each qualifying vehicle shall be allotted an additional amount determined by multiplying the approved rated pupil capacity of the vehicle times $20 if the vehicle is from 1 to 3 years of age; times $18 if the vehicle is from 4 to 6 years of age; times $16 if the vehicle is from 7 to 10 years of age; and times $12 if the vehicle is 11 years of age or over.

(ii) If a vehicle is used daily only for transportation either to school or from school, the basic annual allowance shall be reduced by 50 percent. If a vehicle is used less than the full school term, the basic annual allowance shall be prorated in accordance with the fractional part of the term the vehicle was in usage.

(iii) If the approved mileage which a vehicle travels daily in transporting pupils to and from school is less than 20 miles, the basic allowance shall be reduced to the amount determined by multiplying the basic allowance times a fraction in which the numerator is the number of approved miles the vehicle travels daily and the denominator is 20.

(2) The mileage allowance for reimbursement purposes shall be computed by multiplying the approved annual mileage to and from school during the school term times 23¢.

(3) The utilized passenger capacity miles allowance for reimbursement purposes shall be determined by multiplying the approved utilized passenger capacity miles of service to and from school provided during the school term times $3.50 per thousand or fraction thereof.

(4) When heavily congested traffic conditions or driver layover time for economy in operation requires for a specified vehicle in the district program of pupil transportation a greater number of driver hours than the quotient of the total annual mileage for approved transportation to and from school divided by 15 miles, the district may qualify for an additional allowance for excess driver hours subject to approval by the Department. School districts requesting an allowance for excess driver hours shall submit with their request for reimbursement a written justification and supporting evidence of entitlement for this allowance to the Department for review, evaluation and approval of the number of excess hours allowable for reimbursement purposes, if any. The additional amount, if any, allowable for reimbursement purposes on account of approved excess driver hours shall be computed by multiplying the number of excess driver hours approved by the Department times $3.

(c) Approved reimbursable costs of approved reimbursable pupil transportation provided by contract shall be computed by multiplying the maximum allowable costs for reimbursement in subsection (b) by the cost index in § 23.39 (relating to adjustments).

The provisions of this § 23.35 adopted June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial pages (21517) to (21518).

This section cited in 22 Pa. Code § 23.36 (relating to transportation by district owned equipment).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.36 Transportation by district-owned equipment.

(a) The maximum allowable costs for reimbursement, other than depreciation, shall be determined by adding together the amounts determined in subsection (b). Maximum allowable costs for reimbursement for a school year may not exceed the amount reported for actual operation of district-owned vehicles on the annual financial report for the school year in question prorated on the ratio of approved annual mileage to and from school during the school term to the total annual mileage traveled during the school year for all purposes by the designated vehicles.

(b) The maximum allowable costs shall be the sum of the amounts determined as follows:

(1) A basic annual allowance per vehicle and driver for reimbursement purposes shall be computed as follows:

(i) For each district-owned vehicle approved and used in pupil transportation both to and from school during the full school term, an allowance of $540 shall be made, except that for vehicles with an approved rated pupil capacity of ten or less, the allowance shall be $360. Each qualifying vehicle shall be allotted an additional amount determined by multiplying the approved rated pupil capacity of the vehicle times $15 if the vehicle is from 1 to 10 years of age, and times $12 if the vehicle is 11 years of age or over.

(ii) When the vehicle is used less than full school term or is used daily only for transportation either to school or from school, or travels less than 20 miles per day in transporting pupils to and from school, the basic annual allowance shall be reduced in accordance § 23.35(b)(1)(ii) and (iii) (relating to transportation by contract).

(2) The allowance based on mileage shall be computed in accordance with § 23.35(b)(2).

(3) The utilized passenger capacity miles allowance for reimbursement purposes shall be determined by multiplying the approved utilized passenger capacity miles of service to and from school provided during the school term times $3 per thousand or fraction thereof.

(4) The allowance, if any, based on annual approved excess driver hours, shall be calculated in accordance with § 23.35(b)(4).

(c) Approved reimbursable costs of approved reimbursable pupil transportation provided by district-owned vehicles shall be computed by multiplying the maximum allowable costs for reimbursement provided for in subsection (b) by the cost index provided for in § 23.39 (relating to adjustments), and subtracting from the result an amount equal to the lesser of 10% of the approved purchase price of each vehicle at the time of acquisition or $700 for each vehicle.

The provisions of this § 23.36 adopted June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial pages (21518) and (108427).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.37 Board and lodging in lieu of transportation.

Reimbursement for approvable costs of approved board and lodging provided in lieu of reimbursable pupil transportation shall be an amount determined by multiplying the approved district expenditure for the approved board and lodging times the applicable aid ratio of the school district or an amount computed by multiplying $1 times the aggregate number of days such pupil attended a public school during the school term, whichever is the lesser.

The provisions of this § 23.37 adopted June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453.

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.38 Additional reimbursement.

The Department will compute the additional reimbursement, if any, to which a qualifying eligible school district may be entitled on account of excess reimbursable pupil transportation as prescribed in (24 P. S. § 25-2541).

The provisions of this § 23.38 adopted June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453.

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.39 Adjustments.

Beginning with the 1973-1974 school year and in subsequent years, unless the formula relating to reimbursement is revised by either the State Board of Education or by the General Assembly, the maximum allowable costs for contracted transportation or transportation by district-owned vehicles shall be subject to an annual percentage increase or decrease. This annual adjustment shall be determined in accordance with the percentage of increase or decrease in the consumer price index established by the United States Department of Labor for the calendar year immediately preceding the year of operation.

The provisions of this § 23.39 adopted June 6, 1975, effective June 7, 1975, 5 Pa.B. 1453; amended August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194. Immediately preceding text appears at serial page (108428).

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.
22 Pa. Code § 23.40 Depreciation allowance.

Districts which own their own transportation vehicles shall be paid a depreciation allowance in addition to the regular reimbursement. The depreciation allowance shall be in the sum of the lesser of either 10% of the approved purchase price of each district-owned vehicle at the time of acquisition or $700 for each district-owned vehicle.

The provisions of this § 23.40 adopted August 3, 1990, effective August 4, 1990, and apply to pupil transportation services provided beginning with the 1990-91 school year and reimbursements payable beginning during the 1991-92 Fiscal Year, 20 Pa.B. 4194.

History

  • Authority: The provisions of this Chapter 23 issued under section 408.
  • Source: The provisions of this Chapter 23 adopted April 21, 1972, effective July 1, 1972, 2 Pa.

Subpart C Higher Education

Chapter 31 General Provisions

22 Pa. Code § 31.1 Purpose and scope.

(a) This chapter provides protection for students and citizens of this Commonwealth, guides the orderly development of postsecondary education in this Commonwealth and offers direction to those intending to establish new institutions of postsecondary education in this Commonwealth.

(b) This chapter does not apply to Chapter 35 (relating to community colleges), except for the following:

(1) Section 31.6 (relating to information).

(2) Section 31.23 (relating to program database).

(3) Section 31.24(e) (relating to faculty).

(4) Section 31.52 (relating to accreditation).

(5) Sections 31.61—31.63 (relating to honorary degrees).

(6) Section 31.71 (relating to notification).

(7) Section 31.72 (relating to obligations).

(8) The definition of ‘‘major corporate change’’ under § 31.2 (relating to definitions).

(9) Section 31.21(a) and (b) (relating to curricula).

(c) Exclusive of community colleges, this chapter applies to an institution of postsecondary education, domestic or foreign, including both out-of-State and out-of-country, legally authorized to award college credits or grant degrees in this Commonwealth, and to an institution or chartering group applying for authorization. An entity is required to be approved as a postsecondary institution under this chapter to award college credits or grant degrees in this Commonwealth. An institution is prohibited by law to operate in this Commonwealth and award college credits or grant degrees unless legally authorized to do so. Provisions of Board regulations in this part that are in conflict with this chapter do not affect the applicability of this chapter unless specified by another provision of Board regulations in this part.

(d) This subpart establishes the minimum standards for achieving and maintaining approval of institutions and programs.

(e) Only a postsecondary degree-granting institution having more than 50% of its degree programs consisting of resident-based instruction may be established or operate in this Commonwealth. For combination programs, the residential portion of the program shall be offered on a regularly scheduled basis. An approved postsecondary degree-granting institution that has operated for 10 years within this Commonwealth, or a private licensed school offering AST or ASB degrees that has operated for 10 years within this Commonwealth, may petition the Department to be established to operate as a college or university with more than 50% of its degree programs offered through distance education, if it has demonstrated the following:

(1) Accreditation by a regional accreditation agency approved by the United States Department of Education.

(2) Graduated a minimum of 25 students each from 10 degree programs in place at the time of petitioning for approval.

(3) Is not in corrective action status.

(4) The Department has not initiated the process to revoke its approval of the institution.

(f) Except as specifically provided in this chapter, this chapter does not apply to private licensed schools or other proprietary institutions of postsecondary education that do not offer degrees. These institutions are governed by the Private Licensed Schools Act (24 P. S. § § 6501—6518) and Chapters 42 and 73 (relating to program approval; and private licensed schools—general provisions).

The provisions of this § 31.1 amended under sections 2603-B and 2604-B of the Public School Code (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.1 adopted March 14, 1969; amended August 10, 1973, effective August 11, 1973, 3 Pa.B. 1501; amended April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (307727) to (307728).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.2 Definitions.

The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise: ASB—Associate in Specialized Business. AST—Associate in Specialized Technology. CEC—Community Education Council—A nonprofit educational organization as defined in Article XIX-D of the School Code (24 P. S. § § 19-1901-D—1905-D). Chartered status—Classification of a 2-year college, college, seminary or university established under one of the following:

(i) 15 Pa.C.S. Part II, Subpart B (relating to Business Corporation Law of 1988).

(ii) 15 Pa.C.S. Part II, Subpart C (relating to Nonprofit Corporation Law of 1988).

(iii) Section 2601-H of the School Code (24 P. S. § 26-2601-H).

(iv) 24 Pa.C.S. Chapter 65 (relating to private colleges, universities and seminaries). College—An institution which, in accordance with its charter or articles of incorporation, offers 2-year, 4-year or 5-year postsecondary educational programs or their equivalent and which grants associate, baccalaureate or first professional degrees. In some instances, a 4-year college may offer graduate programs culminating with graduate degrees when it has the appropriate approval under Chapter 42 (relating to program approval). Combination program—An academic degree program that uses both distance learning and classroom instruction to deliver instructional content. Community college—A college or technical institute which offers 2-year, secondary and postsecondary, transfer, college parallel, terminal-general, terminal-technical, out-of-school youth or adult education programs or a combination of these; grants certificates and associate degrees; and is established and operated in accordance with Article XIX-A of the School Code (24 P. S. § § 19-1901-A—19-1918-A). A community college also may offer upper-division programs not culminating in a baccalaureate degree when it has the appropriate approval under Chapter 42. Corrective action status—A period during which an institution is required by the Department to correct deficiencies identified during the Department’s institutional review. Corrective action status begins upon receipt of written notification from the Department. Corrective action status ends upon receipt of written notification from the Department that the institution has resolved all deficiencies. Distance education—An alternate format to resident-based instruction for offering education courses or series of courses by an approved postsecondary educational institution, consortium of institutions or educational enterprise, for which credit is offered or awarded toward a certificate, diploma or degree, which has as its primary mode of delivery one or more of the following:

(i) Correspondence.

(ii) Television.

(iii) Videocassette or disk.

(iv) Film.

(v) Radio.

(vi) Computer.

(vii) Devices built upon an audio-video format.

(viii) Other supportive devices using current or future technology. Education enterprise—An educational activity in this Commonwealth that is sponsored by a foreign corporation and for which college credits or continuing education units are awarded, continuing professional education is offered (culminating in awards such as Continuing Education Unit (CEU), Continuing Medical Education (CME) or Continuing Professional Education (CPE)), or tuition or fees are charged or collected. Employment area—A geographic area wherein persons who complete vocational education programs are most likely to be employed. Foreign corporation—A corporation, entity or institution that is incorporated or authorized by other means in a state other than this Commonwealth and is approved and authorized to operate an education enterprise in this Commonwealth under 15 Pa.C.S. Part II, Subparts B or C, and 24 Pa.C.S. Chapter 65. Graduate program—A program which is beyond the baccalaureate level from the master’s to the postdoctoral levels and which provides advanced study and exploration in a particular discipline or the application of knowledge to professional ends. Independent status—Classification of an institution which is legally authorized to grant degrees but which is not statutorily established as an instrumentality of the Commonwealth. Licensed status—Classification of a school or classes providing resident instruction in the skilled trades, industry or business, or systematic instruction by correspondence or telecommunication, which school, classes or systematic instruction are established and licensed or registered under the Private Licensed Schools Act (24 P. S. § § 6501—6518). Long-range vocational education plan—A plan for directing resources toward the improvement of vocational education programs and services to meet labor market needs, which plan is based upon data compiled on the supply of and demand for trained workers in business and industry. Major corporate change—A restructuring of the postsecondary institution’s corporation, including, but not limited to, the following:

(i) Merger.

(ii) Federation.

(iii) Consolidation.

(iv) Sale of assets.

(v) Change of sponsorship.

(vi) Division.

(vii) Dissolution or closure.

(viii) Bankruptcy. Physical presence—The operation of an entity that offers courses, programs, or degrees or maintains a campus, or an administrative, corporate or other address, including a post office box, telephone number, recruiters, instructors, advertising in local media and publications at a location in this Commonwealth. Professional program—A program which culminates with a baccalaureate, first professional or graduate degree; provides preparation for practice in professions, including medicine, allied health, dentistry, law, engineering, architecture, ministry and teaching; and educates persons in the field of study. Professional school—An organized administrative unit of a school, college, university or seminary offering one or more professional programs. Resident-based instruction—A course or series of courses or programs offered by a postsecondary educational institution and taught by faculty at a specific physical location where students physically attend the courses or programs. School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). Seminary—An institution which offers one or more professional programs to candidates for the priesthood, ministry or rabbinate. Specialized associate degree program—A program culminating in an occupational degree, either an ASB degree or AST degree, that is designed to prepare a student for employment in an area requiring specialized instruction beyond secondary education. State-aided status—Classification of a nonprofit institution which is legally authorized to grant degrees; offers needed, specified higher education services in the public interest of the Commonwealth; and receives a direct Commonwealth appropriation. State-related status—Classification of a nonprofit institution which is legally authorized to grant degrees; offers needed, specified higher education services in the public interest of the Commonwealth; is statutorily established as an instrumentality of the Commonwealth; and receives a direct annual Commonwealth appropriation. State System—Classification of universities established under Article XX-A of the School Code (24 P. S. § § 20-2001-A—20-2019-A). State System status—Classification of a nonprofit institution which is legally authorized to grant degrees; offers needed, specified higher education services in the public interest of the Commonwealth; and receives a direct annual Commonwealth appropriation. Two-year college—An institution that offers full 2-year postsecondary educational programs culminating with associate degrees. A 2-year college also may offer upper-division programs not culminating in a baccalaureate degree when it has the appropriate approval under Chapter 42. University—A multiunit institution with a complex structure and diverse educational functions, including instruction, promotion of scholarship, preservation and discovery of knowledge, research and service. A university meets the following criteria:

(i) Consists of a minimum of three units.

(A) The first unit provides for study of the arts and sciences at the undergraduate level.

(B) The second unit provides advanced degree programs through the doctorate in the arts and sciences, with an adequate number of majors in the various disciplines.

(C) The third unit provides a minimum of five professional programs at the graduate level.

(ii) Has a broad foundation in the arts and sciences, which is instilled in the philosophy and implementation of the undergraduate and graduate education curriculum.

(iii) Provides access to cultural facilities and opportunities to the community and utilizes similar assets of the community. Vocational education—Programs which provide an organized process of learning experience designed to develop skills, knowledge, attitudes, work habits and leadership skills for entry into and advancement within various levels of employment in current or emerging occupational areas.

The provisions of this § 31.2 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.2 adopted March 14, 1969; amended April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended June 17, 1984, effective September 1, 1984, 14 Pa.B. 2057; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (307728), (244523) to (244524) and (252453) to (252454).

As the Department of Transportation failed to prove that Carnegie Mellon University was a ‘‘state-aided’’ university, a campus police officer was not defined as a ‘‘police officer’’ with legal authority to make an arrest of a motorist. Therefore, the 1 year suspension of operating privileges by the Department due to the refusal to submit to chemical testing requested by said campus police officer was improper. Snyder v. Commonwealth, 640 A.2d 490 (Pa. Cmwlth. 1994).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope); 22 Pa. Code § 36.2 (relating to corporate commitment); and 22 Pa. Code § 40.51 (relating to approval of an independent junior college, college, university or foreign corporation).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.6 Information.

(a) To plan for the orderly development of postsecondary education in this Commonwealth and to comply with Federal and State information needs and reporting requirements, the Department will from time to time request information from postsecondary institutions regarding students, faculty and staff, programs, degrees, tuition and other student charges, finances, structure and governance.

(b) In seeking the information under subsection (a), the Department will be sensitive to other data reporting requirements of institutions and will attempt to minimize the time, resources and paperwork required to comply.

(c) Postsecondary institutions shall comply with information reporting requirements of the Department under this section.

The provisions of this § 31.6 issued under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.6 adopted February 7, 1992, effective February 8, 1992, 22 Pa.B. 578.

This section cited in 22 Pa. Code § 31.1 (relating to scope).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.11 Private initiative.

The principle of local control and private initiative shall be supported in the administration of the institution, except that the administration of the institution shall be in accordance with applicable Board regulations in this subpart and standards which may from time to time be approved by the Board and established by the Department.

The provisions of this § 31.11 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.11 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578. Immediately preceding text appears at serial page (123862).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.12 President and board or council of trustees.

(a) For an institution, the minimum and maximum number of trustees shall be stated in the articles of incorporation of the institution. The composition, selection, term of office, and the like, of the board or council of trustees shall be stated in the bylaws of the corporation. The composition of the board or council must include members of the professions, business, industry and other organizations or lay persons. The board of trustees shall have as its main function the legal operation of the institution. The primary areas of responsibility of the board are:

(1) Formulation of basic institutional policy.

(2) Selection of the president and maintenance of constructive relationships with the president and the administrative staff.

(3) Conservation, use and development of the resources of the institution.

(b) For a State System university subject to the authority of the Board of Governors, the chancellor, the president, together with the council of trustees, shall give overall policy direction to the institution. The president shall administer and manage the institution under Article XX-A of the School Code (24 P. S. § § 20-2001-A—20-2019-A).

The provisions of the § 31.12 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A, 2421 and 2603-B of the Public School Code of 1949 (24 P. S. § § 20-2002-A, 24-2421 and 26-2603-B).

The provisions of this § 31.12 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (244527) to (244528).

This section cited in 22 Pa. Code § 40.11 (relating to mission and governance).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.13 Administrative organization.

(a) The administrative organization of the institution should reflect the relationships among appropriate constituent groups and indicate their involvement in the institution’s governance. Institutional charts shall be maintained which show the structure of administrative organization.

(b) Policies relating to the organization of the institution must indicate the groups within the institution responsible for the policy development and implementation. Copies of the policies shall be available for distribution to constituent groups.

(c) For a State System university appropriate provisions of the School Code, The Administrative Code of 1929 (71 P. S. § § 51—732), and policies of the Board of Governors shall apply to administrative organization and supervision.

The provisions of this § 31.13 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.13 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial page (244528) to (244529).

This section cited in 22 Pa. Code § 40.11 (relating to mission and governance).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.14 Financial records.

(a) The budget of an institution must provide for necessary expenditures, including library and learning resources, faculty, student services, noninstructional staff and other operating costs.

(b) For a university having State System status, the following apply:

(1) Financial records shall be maintained which are in accordance with generally accepted accounting principles and procedures for educational institutions.

(2) Records shall be audited as provided by Article XX-A of the School Code (24 P. S. § § 20-2001-A—20-2019-A).

(c) For an institution having State-related or State-aided status, the following shall apply:

(1) Financial records shall be maintained which are in accordance with generally accepted accounting principles and procedures for educational institutions. The institution shall apply State appropriated moneys only for the purposes as are permitted in the applicable appropriation act and shall at all times maintain proper records showing the application of the moneys.

(2) After the close of the fiscal year and in accordance with the provisions of an applicable statute or appropriation act, the institution shall file with the Secretary and the Auditor General of the Commonwealth a statement setting forth the amounts and purposes of all expenditures made during the fiscal year. If there is no applicable provision in a statute or appropriation act, then the statement shall be filed not later than 120 days after the close of the fiscal year. The Auditor General shall have the right to review expenditures and to audit the expenditures made from appropriated moneys.

(d) For an institution having independent status, financial records shall be maintained which are in accordance with generally accepted accounting principles and procedures for educational institutions. For business (for-profit) corporations offering academic programs leading to an academic degree, the financial records shall be maintained separately for the portion of the corporation constituting the Pennsylvania institution offering the academic programs. The financial records for for-profit corporations must show that the required minimum protective endowment of $500,000 is maintained.

(e) For an institution having licensed status and approval for at least one specialized associate degree program, financial records shall include a detailed statement covering the past 3 fiscal years or statements which the institution has submitted to the Internal Revenue Service for the past 3 fiscal years.

(f) For an institution having foreign corporation status, separate financial records shall be maintained for each enterprise operating in this Commonwealth and shall be in accordance with generally accepted accounting principles and procedures for educational institutions.

(g) For CECs, funding is allocated through an annual grant award. Financial and performance reporting requirements of the Department are specified in the annual contract. The Department will provide oversight of the expenditures and activities undertaken by the community education councils during the grant period. The CECs shall maintain records, documents and files so that they will be available for inspection for a period specified in the grant agreement.

The provisions of the § 31.14 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.14 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (244529) to (244530).

This section cited in 22 Pa. Code § 40.11 (relating to mission and governance); 22 Pa. Code § 40.26 (relating to agreements); and 22 Pa. Code § 40.33 (relating to agreements).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.21 Curricula.

(a) The curricula must provide the opportunity for the achievement of the stated objectives of the institution, as related to its statement of philosophy and mission, and must be structured in a group of coherent, integrated degree programs.

(b) Degree requirements stated in this section may be stated in terms of semester credit hours or quarter credit hours, as determined by the institution and conforming to generally accepted academic practices. General education, as defined in this section, refers to the curricular inclusion of humanities, arts, communications, social sciences, mathematics, technology and science courses in support of the mission of the institution. A semester credit hour represents a unit of curricular material that normally can be taught in a minimum of 14 hours of classroom instruction, plus appropriate outside preparation or the equivalent as determined by the faculty. A quarter credit hour represents a unit of curricular material that normally can be taught in a minimum of 10 hours of classroom instruction, plus appropriate outside preparation or the equivalent as determined by the faculty.

(1) An associate degree exclusive of a specialized associate degree must require the satisfactory completion of a minimum of 60 semester credit hours, which includes a minimum of 20 semester credit hours of general education, or a minimum of 90 quarter credit hours, which must include a minimum of 30 quarter credit hours of general education.

(2) A specialized associate degree must require the satisfactory completion of at least 60 semester credit hours or a minimum of 1,500 clock hours or a minimum of 90 quarter credit hours. At least 70%, but no more than 80%, of the program must consist of specialized instruction that bears directly upon the employment objectives of the program; and at least 20% of the program must consist of general education.

(3) A baccalaureate degree must require the satisfactory completion of a minimum of 120 semester credit hours or a minimum of 180 quarter credits. Of the total baccalaureate degree program course requirements, at least 40 semester credit hours or 60 quarter credit hours must be in general education and represent a broad spectrum of disciplines in general education.

(4) A first professional degree, except those for the preparation of professional educators, must require the satisfactory completion of a minimum of 60 semester credit hours or 90 quarter credit hours for admission to the degree program and the satisfactory completion of a total minimum of 150 semester credit hours or 225 quarter credit hours for the program. Professional educator preparation programs must comply with Chapter 354 (relating to preparation of professional educators).

(5) A master’s degree must require the satisfactory completion of a minimum of 30 semester credit hours or 45 quarter credit hours beyond the baccalaureate level.

(6) The number of semester or quarter credit hours for a degree beyond a first professional or master’s degree shall be determined by the faculty and reflect the recommendations of professional associations or National learned societies.

(c) An institution may enter into agreements with other institutions, individuals or other providers of educational services to provide all or part of certain programs on behalf of the institution. A course offered for institutional credit shall be operated directly by or under the control of the institution granting the credit.

(d) To assure academic integrity, an institution shall provide students in a distance education program access to academic and student services, including textbooks, study guides, library and other learning resources, personal interaction with faculty, tutors or other educational personnel by computer, telephone, mail or face-to-face meetings. The institution shall assure integrity of student work and provide opportunity for student assessment. These programs must comply with the regulations that apply to resident-based programs as prescribed in this chapter and Chapters 35, 36, 40 and 42 and conform to generally accepted academic practices for delivery of instruction through distance education.

The provisions of this § 31.21 amended under the Public School Code of 1949 (24 P. S. § § 1-101—27-2702); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.21 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650; amended May 3, 2013, effective May 4, 2013, 43 Pa.B. 2436. Immediately preceding text appears at serial pages (320325) to (320327).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope); 22 Pa. Code § 31.22 (relating to academic year); 22 Pa. Code § 31.33 (relating to student records and services); and 22 Pa. Code § 403.2 (relating to definitions).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.22 Academic year.

(a) An academic year shall consist of instructional sessions for a minimum of 28 weeks exclusive of registration, examinations and holidays.

(b) An innovative calendar arrangement of less than 28 weeks shall be permitted provided that credits and degrees awarded under the arrangement satisfy the minimum requirements as specified in § 31.21 (relating to curricula).

The provisions of this § 31.22 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.23 Program database.

(a) Periodically, the Department will provide to each institution a copy of the institution’s complete list of degree and certificate programs as contained in the Department’s program database. The institution shall verify the list or correct or amend it by indicating additions, deletions or changes and return the copy to the Department by the requested date.

(b) In addition to the requirements of subsection (a), if an institution adds, deletes or changes a program as listed in the Department’s program database, the institution shall report the addition, deletion or change to the Department when it becomes effective.

The provisions of this § 31.23 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.23 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial page (295070).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.24 Faculty.

(a) To provide for the achievement of stated institutional objectives, the faculty shall be sufficient in number to meet instructional needs and provide student advisement appropriate to the level of instruction.

(b) Both full-time and part-time faculty members shall be employed and qualified to teach in their fields of specialization. At a college or university, a majority of the faculty members shall hold a master’s degree or a doctorate or an equivalent, in the field in which they are teaching. Faculty members offering graduate and professional instruction shall, in most instances, have experience or professional accomplishment supplementing the attainment of the highest degree.

(c) Full-time faculty members shall constitute a majority of the total number of full-time-equivalent faculty employed by the institution. Care shall be taken to ensure that total commitments of part-time faculty do not impair the quality of the program.

(d) Faculty development must be in accordance with the institution’s faculty development plan. The institution’s faculty development plan must include policies for providing levels of support for all faculty ranks and status levels. The institution should encourage publication, travel, attendance at professional seminars and conferences, research and similar developmental activities when feasible by the granting of reduced teaching loads, the purchase of needed equipment, and the granting of or assistance in obtaining needed funds.

(e) Each institution of higher education operating in this Commonwealth shall comply with the English Fluency in Higher Education Act (24 P. S. § § 6801—6806), by filing the certification required by the act by September 1 of each year in the form requested by the Department. Failure to comply with the act and with this subsection shall subject the institution to the penalties under the act.

The provisions of this § 31.24 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.24 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (295070) and (244533).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.25 Teaching load.

(a) The teaching load shall be arranged so that the faculty member, in addition to normal instructional responsibilities, shall participate, as appropriate, in cooperative academic planning and the performance of student advisement functions necessary in the institution.

(b) The teaching load of faculty members offering graduate instruction shall further allow adequate time for involvement in research, scholarly endeavors and thesis supervision.

The provisions of this § 31.25 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.26 Research.

The research program of an institution offering graduate instruction shall be manifested in sponsored, institutional and individual faculty research. The institution shall vigorously and actively support and encourage both the basic and applied research activities of graduate faculty members and graduate students.

The provisions of this § 31.26 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.31 Admissions requirements.

(a) Published admissions standards shall be so structured that they result in the selection, admission and retention of those qualified to accomplish work at the level at which the program is offered.

(b) Admission to undergraduate or advanced degree programs shall require a high school diploma or its equivalent.

(c) For graduate programs, institutions shall establish appropriate maximum periods of candidacy so that time spent in pursuit of a graduate degree may not be unduly prolonged.

The provisions of this § 31.31 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

This section cited in 22 Pa. Code § 36.6 (relating to admissions requirements).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.32 Catalog and announcements.

(a) An institution’s current catalog and official publications, as appropriate, must describe accurately the institution’s policies, including the institution’s policy of nondiscrimination, grievance procedures, regulations and programs affecting students, and include the academic expectations and responsibilities of students.

(b) The catalog shall make explicit tuition costs and fees for which students will be charged and shall include a statement of the institution’s refund policy.

(c) Each institution shall file its current official catalog with the Department in print or electronic format.

(d) Each institution shall provide each student a copy of the current catalog, in print or electronic form, upon enrollment.

The provisions of this § 31.32 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.32 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial page (244534).

This section cited in 22 Pa. Code § 40.42 (relating to evaluation for approval as a junior college, college or university).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.33 Student records and services.

(a) An academic record, including credits or courses completed under § 31.21 (relating to curricula) and grades earned, shall be maintained on a current transcript for each student. Institutions shall adopt a plan for the collection, maintenance and dissemination of student academic, counseling, health and other records. Copies of the plan shall be maintained by the institution and updated periodically to ensure compliance with all Federal, State and local laws. The plan for student records must conform to applicable Federal, State and local laws, regulations and directives identified in guidelines issued by the Department. Student records shall be maintained in a readily accessible format. Appropriate standards of confidentiality for the records shall be defined in the college policies and official publications and administered accordingly. Students shall be granted the right of access, under the requirements of law, to their official records.

(b) There shall be a program of student services to provide for the following:

(1) Health protection and emergency health care.

(2) Personal, social and academic counseling.

(3) Remedial or developmental programs, when required, for adjustment to collegiate demands.

(4) Career counseling, follow-up services for graduates and professional placement.

(5) Financial aid and orientation programs.

(6) Student activities, extracurricular programs and recreational programs.

(7) Reasonable accommodation for students with special needs in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C.A. § § 12101—12213) and with 34 Pa. Code Chapter 47, Subchapter D (relating to facilities for handicapped).

The provisions of this § 31.33 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.33 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (244534) to (244535).

This section cited in 22 Pa. Code § 31.72 (relating to obligations).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.34 Credit card marketing.

Each institution of higher education shall establish a policy that regulates the marketing of credit cards on campus in accordance with Article XXIII-A of the School Code (24 P. S. § § 23-2301-A—23-2303-A).

The provisions of this § 31.34 issued under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 31.34 adopted July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650.

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.41 Library and learning resources.

(a) An institution shall maintain adequate library and learning resources for all programs offered. The adequacy shall be determined by the appropriateness of print, electronic and other collections for the achievement of the stated objectives of the institution, as related to its statement of philosophy and mission.

(b) An institution developing or offering graduate instruction shall maintain for each program a variety and depth of needed specialized material, including planned library expansion as necessary with suitable commitment of institutional funds. The library shall be adequate to provide a base for the research activities of both graduate faculty members and graduate students.

(c) Institutional consideration shall be given to cooperative endeavors among institutions for the purpose of sharing library collections, to computerized library information retrieval systems, and to the proximity of other educational libraries when a harmonious relationship can be developed and demonstrated as functional. The sharing arrangements shall be used only to supplement the basic library services provided by the institution.

The provisions of this § 31.41 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.41 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (244535) to (244536).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.42 Laboratories.

(a) Laboratories shall be equipped for work on the part of each student to the extent required to meet the educational objectives of the curriculum.

(b) Financial support for laboratories shall be sufficient to provide the necessary experimentation and demonstration equipment appropriate to the level of the programs offered.

(c) At an institution developing or offering graduate instruction, laboratories shall further be sufficient to provide the faculty with opportunities for experimentation, research and instruction.

The provisions of this § 31.42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.43 Buildings and equipment.

Classrooms, laboratories, faculty offices, related academic buildings, student living facilities and recreational facilities are governed by 34 Pa. Code Chapter 47, Subchapter D (relating to Department of Labor and Industry—miscellaneous provisions—facilites for handicapped), and Chapters 49—59 and must be adequate to provide an integrated academic and nonacademic program consistent with the stated objectives of the institution as related to its statements of philosophy, mission and need.

The provisions of this § 31.43 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.43 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial page (244536).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.51 Academic program audit.

An institution shall conduct a rotating audit of academic programs so that each program is audited at least every 5 years to determine whether the program should be continued, revised or discontinued in accordance with the need for the program and the stated objectives of the institution as related to its statement of philosophy and mission. The procedures utilized by an institution for its academic audit and the results of its most recent audit shall be submitted to the Department on request.

The provisions of this § 31.51 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578. Immediately preceding text appears at serial page (123871).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.52 Accreditation.

(a) Institutions which grant degrees, including private licensed schools which grant specialized associate degrees under § § 42.11—42.14 (relating to specialized associate degree programs approval procedure), shall maintain total institutional accreditation from appropriate accrediting agencies recognized by the Federal Government and acceptable to the Department and the Board. An institution failing to maintain total institutional accreditation shall be subject to proceedings under § 40.51(b), § 40.53(b) or § 42.14 (relating to approval of an independent junior college, college, university or foreign corporation; approval of State System, State-related or State-aided status; and revocation of the degree-granting privilege).

(b) Except for specialized associate degree-granting institutions, new institutions approved to offer degrees shall have 3 years after commencing operations to obtain candidacy status for total institutional accreditation.

(c) Notwithstanding the requirements of subsection (a), a seminary which chooses for religious reasons not to obtain total institutional accreditation from an appropriate accrediting agency as indicated in subsection (a) will be evaluated by the Department on a scheduled 5-year cycle. Documentation necessary for the evaluation shall be submitted to the Department prior to the scheduled evaluation.

The provisions of this § 31.52 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.52 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (244537) to (244538).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope); and 22 Pa. Code § 32.3 (relating to assurances).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.53 Visitation.

In order to assure the maintenance of the quality of institutions, the institution shall be subject to visitation and inspection by the Department and action, when appropriate, as specified in § § 40.51(b) and 40.53(b) (relating to approval of an independent junior college, college, university or foreign corporation; and approval of State System, State-related or State-aided status).

The provisions of this § 31.53 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 31.53 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808. Immediately preceding text appears at serial page (69399).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.61 Restrictions.

(a) No degree given in course by an institution of postsecondary education in this Commonwealth legally authorized to grant degrees may be given as an honorary degree.

(b) Honorary degrees may not be awarded to active board of trustee members, administrators or faculty members except in extraordinary cases meriting special consideration. Honorary degrees should not be awarded to former trustees, administrators or faculty members until at least 1/2 year after association with the institution has elapsed. The institution shall use discretion in the number of honorary degrees awarded at any one ceremony or in 1 academic year.

The provisions of this § 31.61 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.62 Approval procedure.

(a) An institution that desires to award honorary degrees and does not have legal authorization allowing this privilege may petition the Secretary for approval to award the degrees. In the petition, the institution shall set forth the degrees to be awarded and the procedures for the selection of candidates and be prepared to support awards of honorary degrees on the basis of meritorious service to mankind.

(b) An institution approved to award honorary degrees under subsection (a) is not required to submit complete petitions to award additional honorary degrees, but shall apply to the Secretary to be permitted to award types of honorary degrees not previously approved.

The provisions of this § 31.62 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.62 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial page (244539).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope); and 22 Pa. Code § 31.63 (relating to revocation).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.63 Revocation.

Abuse of the privilege granted under § 31.62 (relating to approval procedure) shall be cause for the Secretary to revoke honorary degree-granting privileges after investigation and appropriate hearing as provided in 24 Pa.C.S. § 6506 (relating to visitation of institutions and revocation of authority).

The provisions of this § 31.63 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.63 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578. Immediately preceding text appears at serial page (135551).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.71 Notification.

An institution, whether or not chartered in this Commonwealth, proposing to discontinue operation for a temporary period other than a customary vacation period, or considering some form of major corporate change, shall notify the Department in writing of its intent immediately after its board or council of trustees or directors has approved the temporary closing or the major corporate change.

The provisions of this § 31.71 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455. Immediately preceding text appears at serial page (108446).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope); and 22 Pa. Code § 36.8 (relating to evaluation and approval).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.
22 Pa. Code § 31.72 Obligations.

The institution shall work with the Department to ensure the following, if necessitated by the corporate change:

(1) Students near graduation at the time of closing may complete their graduation requirements at other institutions and receive their degrees.

(2) Students needing to transfer to other institutions are able to do so in the most effective manner.

(3) The academic records of students under § 31.33 (relating to student records and services) are completed and in good order.

(4) By the time of closing, student academic records shall have been converted to a usable and retrievable form and placed with a readily accessible depository.

(5) The students and alumni have been notified of the location of their permanent records.

(6) By the time of closing, institutional records, such as faculty and administration employment and personnel records, records of contributions to the institution for verification for Internal Revenue Service purposes, trustee minutes and other corporate records as deemed necessary shall have been converted to a usable and retrievable form and placed with a readily accessible depository.

(7) A plan for the distribution of the institution’s assets has been prepared and, when necessary, contact has been made with the appropriate court.

(8) The institution’s legal authorization to award college credits or grant degrees is revoked.

(9) Applicable statutes found at 15 Pa.C.S. Part II, Subpart B (relating to Business Corporation Law of 1988) or Subpart C (relating to Nonprofit Corporation Law of 1988); section 2601-H of the School Code (24 P. S. § 26-2601-H); and 24 Pa.C.S. Chapter 65 (relating to private colleges, universities and seminaries), regarding the type of corporate change being effected have been addressed.

The provisions of this § 31.72 amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).

The provisions of this § 31.72 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (244540) to (244541).

This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope); 22 Pa. Code § 36.8 (relating to evaluation and approval); and 22 Pa. Code § 40.54 (relating to approval of a closed institution to reopen).

History

  • Authority: The provisions of this Chapter 31 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 31 adopted March 14, 1969, unless otherwise noted.

Chapter 32 Equal Education Opportunity

22 Pa. Code § 32.1 General authority and purpose.

(a) The Board, by virtue of its authority and duty to prescribe standards and qualifications for colleges and universities under section 1 of the act of May 7, 1937 (P. L. 585, No. 150) (24 P. S. § 2421), to adopt broad policies and principles governing the educational programs of the Commonwealth, to require submission of long-range plans from public and private institutions of higher education, and to adopt and periodically review and revise a master plan for higher education under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B), adopted May 10, 1974, a resolution endorsing the principle of equal educational and employment opportunity at institutions of higher education receiving Commonwealth funding. This chapter implements that resolution, in furtherance of the Commonwealth’s strong public policy of equal employment and educational opportunity, as expressed in PA. CONST. art. I, § § 26 and 28 and various State statutes.

(b) The purpose of this chapter is to encourage and affirm, and when necessary, apply impetus and sanctions to, institutional efforts to provide equal opportunity in admissions and treatment of students, in educational programs for students, in employment opportunities and in governance, to the end that the educational needs of the diverse citizenry of this Commonwealth are served by the Commonwealth’s rich array of higher education institutions in keeping with their individual missions and charters.

The provisions of this § 32.1 amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739. Immediately preceding text appears at serial pages (167653).

History

  • Authority: The provisions of this Chapter 32 issued under section 408.
  • Source: The provisions of this Chapter 32 adopted March 28, 1975, effective March 29, 1975, 5 Pa.
22 Pa. Code § 32.2 Applicability.

This chapter is applicable to all institutions in this Commonwealth receiving direct or indirect State appropriations.

The provisions of this § 32.2 amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739. Immediately preceding text appears at serial page (167654).

This section cited in 22 Pa. Code § 32.3 (relating to assurances).

History

  • Authority: The provisions of this Chapter 32 issued under section 408.
  • Source: The provisions of this Chapter 32 adopted March 28, 1975, effective March 29, 1975, 5 Pa.
22 Pa. Code § 32.3 Assurances.

Institutions under § 32.2 (relating to applicability) shall provide the following assurances in writing to the Department:

(1) Assurances concerning employment containing the following:

(i) The institution may not discriminate against an employe or applicant for employment or another person because of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except an institution with a religious affiliation may be required by its charter to consider the religious affiliations of persons employed in a position for which religion qualifies as a bona fide occupational qualification under 16 Pa. Code § § 41.71—41.73 (relating to bona fide occupational qualifications).

(ii) The institution shall take affirmative action to ensure that applicants are employed without discrimination based on race, color, religious creed, ancestry, national origin, disability, age or sex. The institution shall take affirmative action to ensure that employes are treated during employment without discrimination based on race, color, religious creed, ancestry, national origin, handicap or disability, age or sex.

(iii) The institution shall furnish to the Department upon request duplicates of information and reports required by the Human Relations Commission, the Federal Equal Employment Opportunity Commission and the United States Department of Education, and will permit access to its books and records by the Department for purposes of investigation to ascertain compliance with this chapter.

(2) Assurances concerning students containing the following:

(i) The institution may not subject students to unlawful discrimination in the admission process on the basis of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except an institution not listed in section 9 of the Pennsylvania Fair Educational Opportunities Act (24 P. S. § 5009) and not a community college may be required by its charter to admit students of one sex.

(ii) The institution may not take an action, direct or indirect, to segregate students in a classroom or course on the basis of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except separation by sex is permissible within physical education classes or activities during participation in contact sports, if substantial equality of opportunity and resources are provided for participation by both men and women in contact sports.

(iii) The institution may not subject students to different or separate treatment in, nor restrict the enjoyment by a student of, a service, facility, activity or program on the basis of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except that the following facilities may be segregated on the basis of sex: dormitories, bathrooms and locker rooms. This exception will be strictly construed so that the right to privacy is not used as a facade for denying equal facilities to members of both sexes.

(3) Assurances concerning governance containing the following:

(i) The institution may not discriminate in the employment of administrators on the basis of race, color, religious creed, ancestry, national origin, handicap or disability, age or sex, except an institution with a religious affiliation may be required by its charter to consider the religious affiliations of certain administrators employed in positions for which religion qualifies as a bona fide occupational qualification under 16 Pa. Code § § 14.71—14.73.

(ii) The institution shall take affirmative action to assure that the governance structure includes diverse membership broadly representative of the public interest, as currently required by § 31.52 (relating to accreditation).

(iii) The institution is in compliance with the Pennsylvania Human Relations Act (43 P. S. § § 951—962.2) and the Pennsylvania Fair Educational Opportunities Act (24 P.S. § § 5001—5009).

The provisions of this § 32.3 amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739. Immediately preceding text appears at serial pages (167654) and (108451).

This section cited in 22 Pa. Code § 32.4 (relating to duties of the Department); and 22 Pa. Code § 32.5 (relating to compliance review).

History

  • Authority: The provisions of this Chapter 32 issued under section 408.
  • Source: The provisions of this Chapter 32 adopted March 28, 1975, effective March 29, 1975, 5 Pa.
22 Pa. Code § 32.4 Duties of the Department.

(a) The Department will collect and review the statements of assurance under § 32.3 (relating to assurances) and other information and data as it might require to determine compliance with this chapter and may publish summaries of the data it deems appropriate.

(b) In designing assurance forms and other data collection instruments, the Department will, whenever possible, rely upon copies of existing documents submitted by institutions. When copies of existing documents do not suffice, the Department will design data collection instruments to assure minimal duplication of data collection effort on the part of institutions.

(c) From time to time, the Secretary or a designee will publish and disseminate information about successful efforts by institutions of higher education to provide equal opportunity in admissions and treatment of students, in educational programs for students, in employment opportunities, and in governance.

(d) The Department will conduct compliance reviews necessitated by an institution’s failure to comply with this chapter, allegations of failure to comply, or Federal or State court order, under § 32.5 (relating to compliance review).

(e) The Secretary or a designee will, prior to implementing an enforcement action under § 32.6 (relating to enforcement) or invoking sanctions under § 32.7 (relating to sanctions), intercede with institutions which are not in compliance with this chapter through conciliation, persuasion and negotiation and shall take further enforcement action or impose sanctions only when efforts under this subsection have failed.

The provisions of this § 32.4 amended August 8, 1975, effective August 9, 1975, 5 Pa. B. 2027; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739. Immediately preceding text appears at serial pages (108451) to (108452).

History

  • Authority: The provisions of this Chapter 32 issued under section 408.
  • Source: The provisions of this Chapter 32 adopted March 28, 1975, effective March 29, 1975, 5 Pa.
22 Pa. Code § 32.5 Compliance review.

(a) The Department will, from time to time, conduct a compliance review. The compliance review will be conducted as appears warranted by the Secretary based upon an institution’s failure to comply with this chapter or allegations of an institution’s failure to comply, or, at intervals which may be required by State or Federal court order.

(b) The purpose of the review shall be to determine whether the assurances submitted in accordance with § 32.3 (relating to assurances), are being honored in good faith.

(c) If, within 12 months of the Department’s compliance review, the Human Relations Commission or the United States Department of Education has, after a comprehensive review, determined that an institution is in compliance with applicable State and Federal antidiscrimination laws, or has imposed an affirmative action program on the institution to correct existing deficiencies, the Department will take no further action with respect to each issue thus determined at that institution.

(d) In other cases, the Department will obtain and consider relevant data and make a determination of compliance or noncompliance in accordance with 16 Pa. Code § 49.36 (relating to compliance review).

(e) After review, the Department will notify the institution whether or not it has been found to be in compliance. If deficiencies are found to exist as a result of a compliance review, reasonable efforts shall be made to secure compliance through conciliation and persuasion. Before an institution may be found to be in compliance with this chapter, it shall make a specific commitment in writing to correct the deficiencies. The commitment may include preparation and implementation of an affirmative action program prepared in accordance with 16 Pa. Code § § 49.51 and 49.52 (relating to purpose; and content).

(f) The commitment shall include the precise action to be taken and dates for completion. Specific numerical goals and timetables shall be included where appropriate. The time period allotted may be no longer than the minimum period foreseeably necessary to effect the change.

(g) Upon approval by the Department, an institution should be considered in compliance if it makes every good faith effort to keep its commitments. An institution’s compliance status shall be judged in part by whether or not it reaches its goals or meets its timetables and in part by reviewing the contents of its program and the extent of its adherence to the program and its good faith efforts to make the program work toward realization of goals within the timetables set for completion.

The provisions of this § 32.5 amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739. Immediately preceding text appears at serial pages (108451) to (108452).

This section cited in 22 Pa. Code § 32.4 (relating to duties of the Department); and 22 Pa. Code § 32.6 (relating to enforcement).

History

  • Authority: The provisions of this Chapter 32 issued under section 408.
  • Source: The provisions of this Chapter 32 adopted March 28, 1975, effective March 29, 1975, 5 Pa.
22 Pa. Code § 32.6 Enforcement.

(a) If efforts to secure compliance with this chapter through conciliation and persuasion have failed or if the Department finds that the institution has not made the requisite good faith effort to meet its commitments made under § 32.5 (relating to compliance review), the Department will issue a notice of noncompliance to the institution on giving it 30 days after receipt of that notice to show cause why the imposition of sanctions under this chapter should not be instituted. The notice shall set forth the particulars which constitute the basis of the asserted noncompliance.

(b) During the show-cause period of 30 days, the Department will continue, through conciliation, mediation and persuasion, to resolve the deficiencies which led to the determination of noncompliance.

(c) If the institution is unable to show good cause for its failure to resolve the deficiencies, the Department will issue a notice of proposed imposition of sanctions. The notice shall constitute an order to show cause within the meaning of 1 Pa. Code § 35.14 (relating to orders to show cause). The institution shall be entitled to all of the rights provided by 2 Pa.C.S. § 103 (relating to Administrative Agency Law) and the regulations promulgated thereunder with respect to hearing and appeals. If a request for hearing is not made within the time provided by law, the sanctions described in the notice will be immediately imposed, unless compliance is obtained by agreement.

The provisions of this § 32.6 amended February 2, 1979, effective February 3, 1979, 9 Pa. B. 394; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739. Immediately preceding text appears at serial page (108452).

This section cited in 22 Pa. Code § 32.4 (relating to duties of the Department); and 22 Pa. Code § 32.7 (relating to sanctions).

History

  • Authority: The provisions of this Chapter 32 issued under section 408.
  • Source: The provisions of this Chapter 32 adopted March 28, 1975, effective March 29, 1975, 5 Pa.
22 Pa. Code § 32.7 Sanctions.

Upon completion of reviews under § 32.6 (relating to enforcement), the Department will report cases of noncompliance to the Board. The Board may implement the following in accordance with this chapter or standards promulgated in this chapter.

(1) Withhold Board approval for actions that require Board approval under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

(2) Require the Department to publish information about the institution’s failure to comply with this chapter.

(3) Refer the matter of noncompliance to the Human Relations Commission and request that the Commission file a complaint against the institution.

The provisions of this § 32.7 adopted July 17, 1992, effective July 18, 1992, 22 Pa. B. 3739.

This section cited in 22 Pa. Code § 32.4 (relating to duties of the Department).

History

  • Authority: The provisions of this Chapter 32 issued under section 408.
  • Source: The provisions of this Chapter 32 adopted March 28, 1975, effective March 29, 1975, 5 Pa.

Chapter 33 College and University Security

22 Pa. Code § 33.101 Purpose.

This chapter governs the responsibility of institutions of higher education to comply with the act. This chapter applies to independent institutions of higher education, community colleges, member institutions of the State System and State-related institutions.

The provisions of this § 33.101 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.101 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.102 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates oherwise: Act—The College and University Security Information Act (24 P. S. § § 2502-1—2502-5). Applicant—A person who has submitted an application for admission to be a student at an institution of higher education, or who has applied to transfer from one branch campus of an institution to another branch campus of the same institution. Branch campus—The meaning under § 34.1 (relating to identity). Crime rate—The numbers and categories of crimes reported to the State Police per 100,000 full-time equivalent students and employes. Crime report—An annual report comprised of the institution’s crime rates and statistics for the most recent 3-year period. Crime statistics—The numbers and categories of crimes reported to the State Police. Criminal incident—Offenses identified by the State Police under the Federal Uniform Crime Reporting Handbook. Employe—A person employed by an institution of higher education on a regular part-time or full-time basis. Student employes who are counted as part of the FTE student population will not be considered employes of the institution of higher education for purposes of this chapter. FTE—Full-time equivalent. Institution of higher education—An independent institution of higher education, a community college, a State-related institution or a member institution of the State System. Student—A person matriculated into a degree or non-degree program of study. The term does not include a person participating in noncredit programs or correspondence courses.

The provisions of this § 33.102 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.102 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

This section cited in 49 Pa. Code § 48.1 (relating to definitions); and 49 Pa. Code § 49.1 (relating to definitions).

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.111 Reporting crime statistics and rates.

(a) Reporting to the State Police. Each institution of higher education shall annually report crime statistics and rates to the State Police in the form and manner required by the State Police, for publication in the Pennsylvania uniform crime report, Crime in Pennsylvania.

(b) Reporting to students and employes. Annually, each institution of higher education shall publish a crime report containing the crime statistics and crime rates for the most recent 3-year period. The report shall be distributed as required under § 33.112 (relating to distributing crime reports to students and employes). If the institution has more than one campus, the crime report shall include campus-by-campus crime statistics and rates, and the institution may distribute to students and employes the information applicable only to their campus or the information applicable to all of the institution’s campuses.

(1) Crime statistics shall be reported substantially in the form and manner required by subsection (a).

(2) Crime rates shall be reported based on the numbers and categories of crimes reported under subsection (a) per 100,000 FTE students and employes.

(c) Calculating FTE students and employes. For purposes of this chapter, institutions of higher education shall use the number of FTE students reported to the Department under the Department’s annual data collection procedures, and the number of FTE employes shall be the sum of the full-time employes and one-half the number of regular part-time employes as determined by the institution.

The provisions of this § 33.111 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.111 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

This section cited in 22 Pa. Code § 33.133 (relating to rule of construction).

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.112 Distributing crime reports to students and employes.

Annually, the institution shall distribute an updated crime report for the most recent 3-year period to all its students and employes. An institution may choose to distribute the report separately or with other materials. The report shall be distributed to students and employes by mail or some other means determined by the institution. The method of distribution shall be reasonably designed to provide the report to all students and employes. The institution shall notify all students and employes of the method of distribution if other than mail.

The provisions of this § 33.112 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.112 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

This section cited in 22 Pa. Code § 33.111 (relating to reporting crime statistics and rates).

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.113 Distributing crime reports to new employes and applicants.

(a) Notification. An institution of higher education shall notify applicants and new employes that they are entitled to receive the institution’s most recent crime report. The applicant’s notice shall be enclosed in the receipt of formal application of admission. The employe’s notice may be enclosed in any official document reasonably calculated to reach the new employe.

(b) Distribution. Upon request, institutions of higher education shall distribute a complete crime report containing crime statistics and rates for the most recent 3-year period to new employes and applicants.

The provisions of this § 33.113 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.113 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.121 Security policies and procedures.

(a) Each institution of higher education shall provide information regarding the institution’s security policies and procedures to the following:

(1) Every person who submits an application for admission to a main or branch campus.

(2) Every new employe at the time of employment.

(3) All students and employes annually.

(b) Institutions with a main campus and one or more branch campuses shall provide security information on a campus-by-campus basis, and the institution may distribute to students and employes the information applicable only to their campus or the information applicable to all of the institution’s campuses. Security information for the most recent academic year shall include that which is required under section 3(c) of the act (24 P. S. § 2502-3(c)). The information provided under this section shall include a statement regarding the institution’s responsibility to comply with the act and this chapter and a statement informing students and employes of the procedure for filing complaints and the campus official responsible for receiving and resolving complaints. Upon resolution of the complaint, the complaining party shall be informed that if he continues to believe that the act is being violated, the complaining party may file a complaint with the Office of Attorney General and shall be given the address of the Office of Attorney General.

The provisions of this § 33.121 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.121 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

This section cited in 22 Pa. Code § 33.122 (relating to student housing security policies and procedures).

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.122 Student housing security policies and procedures.

Institutions of higher education which provide and maintain student housing facilities shall include in the information required under § 33.121 (relating to security policies and procedures) the information required under section 3(d) of the act (24 P. S. § 2502-3(d)).

The provisions of this § 33.122 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.122 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.131 Assurance of compliance.

(a) Annually, on or before March 1, the president of each institution of higher education, or the president’s designee, shall file with the Department an assurance statement attesting to the institution’s compliance with the act and this chapter.

(b) The assurance statement under subsection (a) shall be completed as prescribed by the Department.

(c) The Department will submit to the Office of Attorney General the name of an institution which does not supply an assurance statement under this section.

(d) An institution of higher education shall make its published crime reports and security procedures available to the Office of Attorney General or the Department upon request.

The provisions of this § 33.131 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.131 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.132 Enforcement.

The Office of Attorney General, upon complaint or by referral of a complaint from the Department, may investigate the complaint and bring an action to compel compliance with the act.

The provisions of this § 33.132 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.132 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 33.133 Rule of construction.

This chapter does not obviate compliance with or excuse a person or an institution of higher education from failure to comply with the act between November 28, 1988 and November 6, 1991. The crime statistics and rates reported under § 33.111 (relating to reporting crime statistics and rates) will not be required to include information for a 3-year period until the report developed in 1992.

The provisions of this § 33.133 issued under Article XXVI-B of the Public School Code of 1949 (24 P. S. § § 26-2601-B—26-2606-B); and the College and University Security Information Act (24 P. S. § § 2502-1—2502-5).

The provisions of this § 33.133 adopted September 6, 1991, effective November 6, 1991, 21 Pa.B. 3989.

History

  • Authority: The provisions of this § 33.
  • Source: The provisions of this Chapter 33 adopted March 14, 1969; reserved April 30, 1982, effective May 1, 1982, 12 Pa.

Chapter 34 Branch Campuses for State-Supported Institutions

22 Pa. Code § 34.1 Identity.

(a) A branch or campus is a unit of an institution of higher education which is distinguished by the following characteristics:

(1) An academic degree-granting program or organized parts thereof offered on a continuing basis.

(2) A location separately identifiable from the main campus of the parent institution and providing the services normally associated with the campus.

(3) Legal authority for governance, administration and general operation derived from the charter or enabling legislation of the parent institution or of the State System of Higher Education.

(b) This chapter relates to the establishment of additional branches or campuses, the discontinuance of branches or campuses or the transfer of branches or campuses by the State System of Higher Education, a community college or a State-related or State-aided college or university. This chapter does not apply to the transfer of administrative responsibility for branches or campuses within the State System of Higher Education. This chapter applies if an existing branch or campus undergoes an alteration of degree level previously established or approved by the Secretary or if an off-campus operation not having the characteristics listed in subsection (a) is organized with the intent of developing it into a branch or campus. Off-campus operations, after October 11, 1975, that appear in the judgment of the Secretary to be moving toward the status of a branch or campus as defined in subsection (a) shall be prepared to demonstrate that this is not the case or be subject to this chapter.

(c) The term ‘‘off-campus operation’’ means a site located at a place other than the principal address of an institution at which the institution conducts educational courses or organized parts of degree programs. An off-campus operation may also offer, for credit or noncredit, educational courses or programs which do not culminate in a degree.

(d) Chief executive officers of institutions or of the State System of Higher Education having or anticipating an operation within a common service area are encouraged to discuss these off-campus endeavors with each other.

The provisions of this § 34.1 issued under: sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421); amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. § 20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109).

The provisions of this § 34.1 adopted October 10, 1975, October 11, 1975, 5 Pa.B. 2719; amended July 23, 1982, effective July 24, 1982, 12 Pa.B. 2323; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial pages (108457) to (108458).

This section cited in 22 Pa. Code § 33.102 (relating to definitions).

History

  • Authority: The provisions of this Chapter 34 issued under section 202 and 1317—1320 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 34 adopted October 10, 1975, effective October 11, 1975, 5 Pa.
22 Pa. Code § 34.2 Mission.

The mission of a branch or campus shall be consistent with the approved mission of the parent institution or of the State System of Higher Education.

The provisions of this § 34.2 amended under sections 1317 and 1319 of the The Administrative Code of 1929 (71 P. S. § § 367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. § 20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109).

The provisions of this § 34.2 adopted October 10, 1975, effective October 11, 1975; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108459).

History

  • Authority: The provisions of this Chapter 34 issued under section 202 and 1317—1320 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 34 adopted October 10, 1975, effective October 11, 1975, 5 Pa.
22 Pa. Code § 34.11 Establishment of additional branches or campuses or alteration of degree level.

(a) An institution or the State System of Higher Education desiring approval to establish a branch or campus or to alter its previously established or approved degree level shall submit a formal application to the Department, on forms provided by the Department, by July 1 of the calendar year preceding the academic year for which establishment or alteration is requested.

(b) Approval by the Secretary for the establishment of a branch or campus or the alteration of degree level by the State System of Higher Education, a community college or a State-related or State-aided college or university will be based on the satisfaction of the following requirements by the institution or the State System of Higher Education:

(1) Preliminary feasibility study.

(2) Documentation of needs and resources in support of the proposal and in relation to institutional, regional and Commonwealth needs and resources.

(3) Evidence that establishment of the branch or campus or alteration of degree level is consistent with the institutional plan and the Master Plan of the Commonwealth.

(4) Indication of the financial impact on the budget of the parent institution or the State System of Higher Education and the Commonwealth.

(c) Information with respect to subsection (b) is subject to evaluation and validation by the Department.

The provisions of these § § 34.11—34.14 issued under: sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421); amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. § 20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109).

The provisions of this § 34.11 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended July 23, 1982, effective July 24, 1982, 12 Pa.B. 2323; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial pages (108459) and (108460).

History

  • Authority: The provisions of this Chapter 34 issued under section 202 and 1317—1320 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 34 adopted October 10, 1975, effective October 11, 1975, 5 Pa.
22 Pa. Code § 34.12 Discontinuance of branches or campuses.

(a) An institution or the State System of Higher Education desiring approval to discontinue a branch or campus shall submit a formal application to the Department, on forms provided by the Department, by July 1 of the calendar year preceding the academic year for which discontinuance is requested.

(b) Approval by the Secretary for the discontinuance of a branch or campus by the State System of Higher Education, a community college or a State-related or State-aided college or university will be based on the satisfaction of the following requirements by the institution or the State System of Higher Education:

(1) Preliminary feasibility study.

(2) Documentation of reduced needs or resources in support of the proposal and in relation to institutional, regional and Commonwealth needs and resources.

(3) Evidence that discontinuance of the branch or campus is consistent with the institutional plan and the Master Plan of the Commonwealth.

(4) Indication of the financial impact on the budget of the parent institution or the State System of Higher Education and the Commonwealth.

(c) Information with respect to subsection (b) is subject to evaluation and validation by the Department.

The provisions of these § § 34.11—34.14 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421); amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. § 20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109).

The provisions of this § 34.12 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended July 23, 1982, effective July 24, 1982, 12 Pa.B. 2323; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108460).

History

  • Authority: The provisions of this Chapter 34 issued under section 202 and 1317—1320 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 34 adopted October 10, 1975, effective October 11, 1975, 5 Pa.
22 Pa. Code § 34.12a Transfer of branches or campuses from one institution to another.

(a) Institutions or the State System of Higher Education, or both, desiring approval to transfer a branch or campus from one institution to another shall submit a joint formal application to the Department, on forms provided by the Department, by July 1 of the calendar year preceding the academic year for which transfer is requested.

(b) Approval by the Secretary for the transfer of a branch or campus by the State System of Higher Education, a community college or a State-related or State-aided college or university to another institution will be based on the satisfaction of the following requirements by the institutions or the State System of Higher Education, or both:

(1) Preliminary feasibility study.

(2) Documentation of needs and resources in support of the proposal and in relation to institutional, regional and Commonwealth needs and resources.

(3) Evidence that transfer of the branch or campus is consistent with the institutional plans and the Master Plan of the Commonwealth.

(4) Indication of the financial impact on the budget of the institutions or the State System of Higher Education, or both, and the Commonwealth.

(c) Information with respect to subsection (b) is subject to evaluation and validation by the Department.

The provisions of this § 34.12a issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and section 2002-A of the Public School Code of 1949 (24 P. S. § 20-2002-A).

The provisions of this § 34.12a adopted October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038.

History

  • Authority: The provisions of this Chapter 34 issued under section 202 and 1317—1320 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 34 adopted October 10, 1975, effective October 11, 1975, 5 Pa.
22 Pa. Code § 34.13 Process.

The Secretary will act within 6 months after the date the request was made to approve or disapprove the request of an institution or the State System of Higher Education for establishment, change of degree level status, discontinuance or transfer of a branch or campus after consultation with the Board when the requirements of this chapter have been met and evaluated. If the Secretary does not act within the 6-month period to approve or disapprove the request of an institution or of the State System of Higher Education for establishment, change of degree level status, discontinuance or transfer of a branch or campus, the request shall be deemed approved.

The provisions of this § 34.13 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421); amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and section 2002-A of the Public School Code of 1949 (24 P. S. § 20-2002-A).

The provisions of this § 34.13 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108460).

History

  • Authority: The provisions of this Chapter 34 issued under section 202 and 1317—1320 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 34 adopted October 10, 1975, effective October 11, 1975, 5 Pa.
22 Pa. Code § 34.21 Appeals, hearings and notice.

An educational institution or the State System of Higher Education denied final approval may request the Secretary to provide administrative hearings and notice under the appeal procedures of 2 Pa.C.S. § § 101—103, 501—508 and 701—704 (relating to Administrative Agency Law).

The provisions of this § 34.21 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. § 20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109).

The provisions of this § 34.21 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108461).

History

  • Authority: The provisions of this Chapter 34 issued under section 202 and 1317—1320 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 34 adopted October 10, 1975, effective October 11, 1975, 5 Pa.

Chapter 35 Community Colleges

22 Pa. Code § 35.1 Scope.

This chapter and applicable provisions of Chapter 31 (relating to general provisions) and Chapter 42 (relating to program approval) apply to a college or technical institute which offers a 2-year, postsecondary, college parallel, terminal-general, terminal-technical, out-of-school youth or adult education program or any combination of these, grants certificates and associate degrees and is established and operated under the act.

The provisions of this § 35.1 amended under sections 1317 and 1319(c) of The Administrative Code of 1929 (71 P. S. § § 367 and 369(c)); and Article XIX-A of the Public School Code of 1949 (24 P. S. § § 19-1901-A—19-1913-A).

The provisions of this § 35.1 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial page (71507).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.1a Statement of policy.

The policy of the Board is to encourage and facilitate the development of community colleges within reasonable commuting distances of every citizen of this Commonwealth. These colleges may be developed in various forms and by various organizations provided they are consistent with the act and this chapter.

The provisions of this § 35.1a adopted July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282.

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.2 Statement of philosophy.

The board of trustees of each community college approved under this chapter shall prepare and file with the Department an official statement of philosophy outlining its purposes and objectives and a continuing long-range institutional plan.

The provisions of this § 35.2 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10397).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.3 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—Article XIX-A of the Public School Code of 1949 (24 P. S. § § 19-1901-A—19-1913-A). College—A locally sponsored public college or technical institute established and operated in accordance with the provisions of the act and which provides a 2-year, postsecondary, college parallel, terminal-general, terminal-technical, out-of-school youth or adult education program, or combination of these. Local sponsor—A school district or a municipality or combination of school districts or municipalities or both which participate or propose to participate in the establishment and operation of a community college. Member—A school district or municipality which alone or with other districts and municipalities is included in a local sponsor. Municipality—A city, borough, town, township or county.

The provisions of this § 35.3 amended under sections 1317 and 1319(c) of The Administrative Code of 1929 (71 P. S. § § 367 and 369(c)); and Article XIX-A of the Public School Code of 1949 (24 P. S. § § 19-1901-A—19-1913-A).

The provisions of this § 35.3 adopted May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial page (71508).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.4 Visitations.

To assure maintenance of the quality of program offered by community colleges, a community college shall be subject to visitation and inspection by the Department.

The provisions of this § 35.4 issued under sections 1317 and 1319(c) of The Administrative Code of 1929 (71 P. S. § § 367 and 369(c)); and Article XIX-A of the Public School Code of 1949 (24 P. S. § § 19-1901-A—19-1913-A).

The provisions of this § 35.4 adopted December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323.

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.11 Board of trustees.

(a) Upon Board approval of a plan for the establishment of a college, the local sponsor shall appoint a board of trustees within 60 days.

(b) The composition of the board of trustees shall be representative of the geographical area to be served by the college and shall include members of the professions, business, industry and other organizations or lay persons. Each college shall file with the Department the names of the members of the board and their affiliation along with the list of elected officers.

(c) The board of trustees shall adopt bylaws, articles of agreement and policy or other appropriate organizational procedures to provide for the operation of the college. Included shall be full cognizance of the necessity for the active membership roles of individual trustees. Bylaws, articles of agreement and policies adopted by the board of trustees shall be filed with the Department.

(d) A final plan for the college shall be prepared by the board of trustees and shall be submitted to the Department at least 120 days prior to the opening of the college. This plan shall include articles of agreement between the sponsor and the board of trustees which provides anticipated capital needs, planning, programs and student services.

The provisions of this § 35.11 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10397).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.12 President.

The president shall be appointed by the board of trustees. This individual shall be the chief executive and chief educational officer of the college and shall perform all duties in accordance with policies adopted by the board of trustees.

The provisions of this § 35.12 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10397).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.13 Organization chart.

A college shall file with the Department a current chart of its administrative organization.

The provisions of this § 35.13 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10397).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.21 Curricula.

(a) Program shall be determined to mean a planned series or sequence of events which may include life experiences, college courses, other experiences and general studies designed to raise the student to the level of competence for which the program was offered.

(b) A college shall conduct a thorough academic audit of programs as necessary, but not less than every 5 years to determine whether each program should be continued, revised or discontinued on the basis of local and student needs of the area served.

(c) A college wishing to establish an upper division program, not culminating in a baccalaureate degree, shall use the procedure as specified in applicable provisions of Chapter 42 (relating to program approval).

(d) A college shall file its official catalog and other necessary documents with the Department upon request by the Department.

The provisions of this § 35.21 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended June 10, 1977, effective June 11, 1977, 7 Pa.B. 1577; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282. Immediately preceding text appears at serial page (34893).

This section cited in 22 Pa. Code § 335.12 (relating to standards for reimbursable credit courses at community colleges); and 22 Pa. Code § 335.44 (relating to course evaluation and program audit).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.22 Degrees and certificates.

(a) A community college is authorized to award associate degrees in the arts, sciences, technologies or general education upon successful completion of programs authorized by the board of trustees.

(b) A community college is authorized to award certificates upon successful completion of programs authorized by the board of trustees.

(c) The associate degree shall require the satisfactory completion of a planned program consisting of a minimum of 60 semester credits or the equivalent.

The provisions of this § 35.22 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended August 3, 1973, effective August 4, 1973, 3 Pa.B. 1470; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (11191).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.23 Academic year.

(a) A semester or trimester shall include not fewer than 15 weeks of instruction. A quarter shall include not fewer than 10 weeks of instruction. Quarter credits shall be converted to semester credits for purposes of fulfilling the requirements of this section.

(b) Other approved sessions, including the summer session, shall require an amount of instructional time proportionate to the requirements described in subsection (a).

(c) Registration, orientation, final examination periods and interruptions to instructional time shall be in addition to the periods described in subsections (a) and (b).

(d) The minimum number of weeks indicated may not be interpreted as a constraint upon innovative calendar arrangements.

The provisions of this § 35.23 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (11192).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.24 Faculty.

(a) Full-time faculty members of colleges existing prior to January 1, 1977, shall constitute a majority of the total full-time equivalent faculty employed. The faculty shall have competencies in their assigned area of responsibility as required by the curriculum of the college.

(b) A college created in the mode of colleges approved prior to January 1, 1977 shall comply with provisions of subsection (a).

(c) A college approved in a nontraditional mode after January 1, 1977, for which educational services are contracted shall insure that appropriate student and academic services, in addition to classroom instruction, are provided.

(d) Persons who are employed for teaching continuing education and community service offerings are not to be counted in the determination of full-time equivalent faculty.

(e) Full-time and part-time faculty employed in colleges cited in subsections (b) and (c) shall be sufficient in number to provide the opportunity for instruction designed to meet student needs and academic counseling appropriate to the level of instruction.

The provisions of this § 35.24 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended June 10, 1977, effective June 11, 1977, 7 Pa.B. 1577. Immediately preceding text appears at serial page (11192).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.26 Grading standards.

Standards for grading and qualifications for graduation shall be established at each community college by the board of trustees after advice from college administrators, faculty and students.

The provisions of this § 35.26 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (3037).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.27 Student records.

Academic records shall be maintained for students. Appropriate standards of confidentiality for the records shall be defined in the college policies and the college catalog and shall be administered accordingly. Students shall be granted the right to access, under the requirements of law, to their respective files.

The provisions of this § 35.27 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (3037).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.28 Student services.

A college shall provide a comprehensive program of student services to include financial aid counseling, orientation, counseling and guidance, placement services and follow-up studies on the progress of former students.

The provisions of this § 35.28 amended under sections 1317 and 1319(c) of The Administrative Code of 1929 (71 P. S. § § 367 and 369(c)); and Article XIX-A of the Public School Code of 1949 (24 P. S. § § 19-1901-A—19-1913-A).

The provisions of this § 35.28 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial page (34895).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.29 Tuition.

(a) The normal tuition charged each student shall be an amount fixed by the board of trustees of the college attended by apportioning among the students enrolled not more than 1/3 of the budgeted annual operating costs of the college.

(b) For tuition purposes, students shall be classified as resident or nonresident students according to the appropriate sections of this chapter.

(c) Part-time students shall be charged tuition on a per credit basis by prorating the number of credits for which they are enrolled as a proportion of 12 semester credits during a semester.

(d) Where an annual audit reveals that income from student tuition exceeds the legislatively prescribed share of the total operating costs, the college shall be required to submit a written justification to assure that it is making appropriate efforts to comply with the intent of the legislation concerning the share of operating costs to be borne by the student.

The provisions of this § 35.29 adopted February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10399).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.29a Admission.

(a) A college shall be open to the residents of this Commonwealth without reference to prior educational achievements.

(b) A college may prescribe the minimal level of achievement necessary for admission into and retention in a particular course or program.

(c) Admission to the college may be extended to non-Commonwealth residents. The minimum level of educational attainment for admission of non-Commonwealth residents shall be determined by policy of the college.

The provisions of this § 35.29a adopted May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended June 10, 1977, effective June 11, 1977, 7 Pa.B. 1577. Immediately preceding text appears at serial page (30512).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.29b Commonwealth residency.

(a) Domicile is the place where one intends to and does, in fact, permanently reside. In order to establish Commonwealth residency, the following presumptions shall be considered along with documentary evidence or statements from disinterested persons, or both:

(1) Continuous residence in this Commonwealth for a period of 12 months prior to registration as a student. A student may rebut this presumption by convincing evidence.

(2) A noncitizen shall have taken formal action toward becoming a citizen or shall have been admitted to the United States on an Immigrant Visa.

(3) A minor, under the age of 18, shall be presumed to have the domicile of parents or guardian. A minor may prove emancipation and independent domicile through convincing evidence.

(4) A United States government employe or a member of the armed forces who was domiciled in this Commonwealth immediately preceding entry into government service, and who continuously maintained legal residence in this Commonwealth, shall be presumed to have domicile. Others in government service may, by convincing evidence, establish domicile.

(b) Domicile may not be established for a student receiving a scholarship or grant dependent upon domicile from another state.

(c) Examples of factors which may provide convincing evidence include the following:

(1) Lease or purchase of a permanent independent residence.

(2) Payment of appropriate State and local taxes. Special attention shall be given to payment of Commonwealth taxes on income earned during periods of temporary absence from this Commonwealth.

(3) Transfer of bank accounts, stock, automobile and other registered property to this Commonwealth.

(4) Pennsylvania driver’s license.

(5) Agreement for permanent full-time employment in this Commonwealth.

(6) Membership in Commonwealth social, civic, political, athletic and religious organizations.

(7) Registration to vote in this Commonwealth.

(8) Statement of intention to reside indefinitely in this Commonwealth.

(9) Statement from the parents or guardian of a minor setting forth facts to establish the financial independence and separate residence of the minor.

(d) Cases shall be decided on the basis of facts submitted, with qualitative rather than quantitative emphasis. No given number of factors may be required for domicile, since the determination in each case is one of the subjective intention of the student to reside indefinitely in this Commonwealth.

(e) A student may challenge his residency classification by filing a written petition with the officer or committee designated to consider such challenges at the college.

(f) If the student is not satisfied with the decision made by the officer or committee in response to the challenge, the student may take a written appeal to the office of the Secretary of Education, 333 Market Street, Harrisburg, Pennsylvania 17126-0333. The decision of the Secretary on the challenge is final.

The provisions of this § 35.29b amended under sections 1317 and 1319(c) of The Administrative Code of 1929 (71 P. S. § § 367 and 369(c)); and Article XIX-A of the Public School Code of 1949 (24 P. S. § § 19-1901-A—19-1913-A).

The provisions of this § 35.29b adopted June 10, 1977, effective June 11, 1977, 7 Pa.B. 1577; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial pages (34896) to (34898).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.29c Local sponsor residency.

(a) The college may adopt residency requirements for the determination of domicile in its own service area. The requirements may be less but not more restrictive than set forth below:

(1) Continuous residence in the area of the member of the local sponsor for a period of 12 months prior to registration as a student. A student may rebut this presumption by convincing evidence.

(2) A minor under the age of 18 shall be presumed to have the domicile of parents or guardian. A minor may prove emancipation and independent domicile through convincing evidence.

(3) A United States government employe or a member of the armed forces domiciled in the area of the member of the local sponsor immediately preceding entry into government service, and who continuously maintained legal residence in the same area, shall be presumed to have domicile. Others in government service may, by convincing evidence, establish domicile.

(b) Local continuous tuition support shall be provided for students who move permanently within the sponsor service area of the college. Local agreements shall determine how the proration of member share will be determined. A copy of this agreement shall be filed with the Department upon request.

(c) Students moving within the sponsor service area of the college who cannot establish domicile at their new address shall continue to be sponsored by the member of the local sponsor in which domicile had previously been established.

The provisions of this § 35.29c adopted June 10, 1977, effective June 11, 1977, 7 Pa.B. 1577.

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.30 Refund policy.

(a) The deadline for withdrawal of students with partial tuition refunds shall be:

(1) The end of the third week of each semester or trimester.

(2) The end of the second week of each quarter.

(3) At the end of 20% of the scheduled instruction for summer sessions, special sessions and irregularly scheduled sessions and courses.

(b) Enrollment at the end of the periods prescribed in subsection (a) shall be considered final for the purposes of § 35.61 (relating to full-time equivalent enrollment).

(c) In the event that a disruption of the academic term occurs through no fault of the student body, which results in loss of opportunity to be provided the scheduled instruction for that academic term within the time frame specified in the catalog, the college shall declare that academic term void and shall provide a refund to students according to policy established by the college and approved by the Secretary.

(1) Loss of opportunity shall mean insufficient time to receive the necessary 15 weeks of instruction through normal scheduling or some other innovative calendar arrangements which do not place an excessive burden on the student.

(2) Time frame specified in the catalog may provide for flexibility in revising the calendar during an academic year in the best interest of the students.

(3) If an academic term is declared void, the audit by the Department for the fiscal year during which it occurred shall show an appropriate reduction in operating expense and full-time equivalent student enrollment upon which State reimbursement is based.

(4) Prior to the closing of a college because of disruption cited in this subsection, the board of trustees shall announce publicly the intent to close, the rationale for the closing and file the intent with the Secretary.

The provisions of this § 35.30 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended June 10, 1977, effective June 11, 1977, 7 Pa.B. 1577. Immediately preceding text appears at serial page (10400).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.41 Physical plant plan.

(a) A college shall prepare a long-range physical plant plan according to guidelines approved by the Board, including financial requirements for at least 10 years, for the physical facilities necessary to support the programs of the college.

(b) The college shall submit copies of this plan for approval by the Department as soon as practicable after admitting its first class, but not later than the third year of operation.

The provisions of this § 35.41 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10400).

This section cited in 22 Pa. Code § 35.42 (relating to construction plans).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.42 Construction plans.

(a) Construction plans and specifications for physical facilities shall be reviewed and approved by the Department prior to awarding contracts. Physical facilities shall meet applicable fire, safety, building, sanitation, heating, lighting and ventilating standards and codes.

(b) It shall be necessary for the college to submit, for Department approval, changes or revisions to its long-range physical plant plan, as described in § 35.41 (relating to physical plant plan), before construction plans and specifications for proposed facilities not previously referred to may be reviewed and approved.

The provisions of this § 35.42 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10400).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.51 Construction and repair contracts.

The board of trustees of a college may perform construction, reconstruction, repairs or work of any nature by its own maintenance personnel or may have the work performed under contract in the following circumstances:

(1) If a contract exceeds $20,000, a college shall, with public notice, solicit competitive bids and shall award the contract to the lowest responsible bidder.

(2) If a contract exceeds $5,000, but is less than $20,000, a college shall solicit competitive bids from at least three responsible bidders and shall award the contract to the lowest responsible bidder.

(3) If a contract is less than $5,000, a college may award the contract without soliciting competitive bids.

(4) In an emergency in which a part of the college plant may become unusable, on the approval of the Department, a contract may be awarded without soliciting bids.

(5) Bids under public notice shall be received in sealed envelopes at a designated place and time and shall be opened publicly and the contract awarded thereon.

(6) Bids under public notice for construction, reconstruction and repair shall be accompanied by a bond with corporate surety or certified check in an amount as the board of trustees determines, but at least 5% of the amount bid. If a bidder, upon award of the contract, fails to comply with the requirements as to a bond guaranteeing the performance of the contract, the bid bond or certified check shall be forfeited.

(7) The bidder to whom the contract is awarded shall furnish bonds to guarantee the performance of the contract and payment for labor and materials. Bonds shall be in compliance with the Public Works Contractors’ Bond Law of 1967 (8 P. S. § § 191—202). Failure to furnish bonds shall void the previous award.

The provisions of this § 35.51 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial pages (71514) to (71515).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.54 Contracts for services and personal property.

(a) The board of trustees of each college shall establish policies and procedures which shall insure that contracts for the purchase of services, except those of a professional nature, and personal property and items of a noncompetitive nature shall be written and shall be made by advertising for, or soliciting, competitive bids.

(b) Policies and procedures adopted under subsection (a) shall be filed with the Department.

The provisions of this § 35.54 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10396).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.61 Full-time equivalent enrollment.

(a) Full-time students shall be those enrolled for 12 or more credits.

(b) Full-time equated students shall be determined by dividing by 12 the total credits for which part-time students enroll.

(c) For noncredit courses, each 15 hours of classroom work and each 30 hours of laboratory work shall be equated to one semester credit for reimbursement purposes.

(d) For life experience credits, each four credits qualifying for evaluation shall be equated to one semester credit for reimbursement purposes.

(e) Full-time equivalent enrollment shall be the sum of approved full-time students and approved full-time equated students in attendance at the end of the refund period. Enrollments in both credit and noncredit courses shall be used in this calculation.

(f) The following full-time and full-time equivalent enrollments shall be deducted from the total full-time equivalent student enrollments:

(1) Persons who are not residents of this Commonwealth.

(2) Students enrolled under government or private entity contracts which, in the aggregate, provide an average revenue per full-time equivalent student that is equal to, or greater than, the average gross operating costs per full-time equivalent student.

The provisions of this § 35.61 amended under sections 1317 and 1319(c) of The Administrative Code of 1929 (71 P. S. § § 367 and 369(c)); and Article XIX-A of the Public School Code of 1949 (24 P. S. § § 19-1901-A—19-1913-A).

The provisions of this § 35.61 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial pages (71515) to (71516).

This section cited in 22 Pa. Code § 35.30 (relating to refund policy); and 22 Pa. Code § 35.62 (relating to computation of Commonwealth operating payments).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.62 Computation of Commonwealth operating payments.

The Commonwealth payments shall be computed in the following manner:

(1) Calculate the approved FTE in accordance with § 35.61 (relating to full-time equivalent enrollment) for semesters, trimesters or quarters in the academic year and multiply same by 1/3 of the approved per student operating costs.

(2) The Commonwealth shall participate in the payment of continuing education costs for programs and courses in which students are properly registered on the appropriate college forms on the same basis as it participates in payments for normal operating expenses (FTE reimbursement). Each college shall maintain accurate individual student registration records. Each college shall also maintain an official description of each course or program. For purposes of this chapter the following definition of continuing education is provided:

(i) Continuing education includes those services offered by the college which meet educational objectives not normally a part of the curriculum available to full-time or part-time students.

(ii) Continuing education courses/programs incorporate a structured learning experience, with stated content and verifiable educational objectives.

(3) The Commonwealth shall participate in the payment of operating costs incurred in the awarding of credit for life experiences.

(4) Calculate the approved total credits for all other sessions or special courses and divide by 12 in accordance with § 35.61 (relating to full-time equivalent enrollment) and multiply by 1/3 of the approved per student operating cost.

(5) The Commonwealth shall participate in the payment of operating costs incurred in the operation of a community college prior to the opening of classes.

The provisions of this § 35.62 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended October 28, 1977, effective October 29, 1977, 7 Pa.B. 3194; amended March 3, 1978, effective March 4, 1978, 8 Pa.B. 486; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282. Immediately preceding text appears at serial pages (71516) to (71517).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.63 Computation of capital payments.

The Commonwealth capital payments shall be computed in the following manner:

(1) Commonwealth payment from funds appropriated for that purpose shall be computed as specified by statute.

(2) Capital expenses means only expenses that are incurred as defined in the act.

(3) In those instances where combination of school districts or municipalities are approved as sponsors and they agree to share all or part of the capital obligations according to relative market values, school districts shall use the State Tax Equalization Board, and municipalities shall use the board of assessment and revision of taxes or other similar boards which determine market value of real estate.

(4) The terms and conditions of agreements for the repayment of indebtedness entered into by a community college, shall be effective only with the prior approval of the Department.

(5) The Commonwealth shall participate in the payment of capital costs incurred in the operation of a college prior to the opening of classes.

The provisions of this § 35.63 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282. Immediately preceding text appears at serial pages (71517) to (71518).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.64 Reports and payments.

(a) Prior to the beginning of the fiscal year of the college, the board of trustees shall have its budget approved by a majority of the members of the local sponsor.

(b) A college shall submit annual budget information in the form and on the schedule specified and provided by the Department.

(c) A college shall use an accounting system approved by the Department.

(d) One copy of the sponsor-approved budget shall be filed with the Department upon request.

(e) For purposes of Commonwealth payments, the following words shall have the following meanings:

(1) Academic year—The period of instruction which includes two semesters, two trimesters or three terms or quarters.

(2) Annual year—A 12-month period coterminous with the Commonwealth fiscal year beginning July 1 and ending June 30.

(3) Summer term—An additional session, semester, trimester or quarter offered at the end of the regular academic year.

(f) Enrollment reports for Commonwealth payments shall be prepared as of the end of the refund period for each semester, trimester, term, quarter, summer session or special session and shall be retained for use by Commonwealth auditors.

(g) Commonwealth payments to each college board of trustees on behalf of the sponsor shall be paid in the year in which the expenses are incurred. Payments shall be made as specified by law subject to compliance with established schedule for submission of appropriate data required by the Department.

(h) Reimbursement claim forms shall be submitted to the Department within 90 days after the close of a fiscal year and shall be used by the Commonwealth for tentative fiscal year-end settlement of payment to the Commonwealth by the college, payment by the Commonwealth to the college or adjustment by the Commonwealth in the college’s next quarterly payment.

The provisions of this § 35.64 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial pages (71518) and (108465).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.65 Basis for payment.

(a) The Commonwealth share of capital expenses as defined in this title shall be determined prior to any reduction of expenses to the local sponsor brought about by the receipt of grants, appropriations or allocations to the college from sources other than the Commonwealth, however, in no event shall the amount of funds received from the Commonwealth when added to the above grants, appropriations or allocations for which special accounting is necessary, total in excess of 100%.

(b) The Commonwealth share of operating expenses as defined in this title shall be determined after deducting from total operating expenditures any Federally-funded expenditures for those programs in which the Commonwealth participates in the cost, but prior to any reduction of expenses to the local sponsor brought about by the receipt of other grants, appropriations, or allocations to the colleges from sources other than the Commonwealth. However, in no event shall the amount of funds received from the Commonwealth, when added to the above grants, appropriations, or allocations for which special accounting is necessary, total in excess of 100%.

The provisions of this § 35.65 adopted February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282. Immediately preceding text appears at serial pages (34904) and (69409).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.
22 Pa. Code § 35.66 Retention of records.

Official accounts and supporting data shall be retained for a period of 3 years after the close of the fiscal year in which the transaction took place, or until notified that a Commonwealth fiscal audit of the accounts has been made, whichever is later, but not exceeding 5 years. Records of questioned expenditures shall be maintained until final agreement is reached.

The provisions of this § 35.66 adopted February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426. Immediately preceding text appears at serial page (10407).

This section cited in 22 Pa. Code § 335.43 (relating to program approval policy and records); 22 Pa. Code § 335.44 (relating to course evaluation and program audit); 22 Pa. Code § 335.45 (relating to college catalog); and 22 Pa. Code § 335.46 (relating to faculty qualifications).

History

  • Authority: The provisions of this Chapter 35 issued under the Community College Act of 1963 (24 P.
  • Source: The provisions of this Chapter 35 adopted September 12, 1969, amended through May 27, 1977, 7 Pa.

Chapter 36 Foreign Corporation Standards

22 Pa. Code § 36.1 Scope and purpose.

This chapter applies to the approval and operation of an educational enterprise by a foreign corporation in this Commonwealth. This chapter sets forth the standards required for foreign corporation status.

History

  • Authority: The provisions of this Chapter 36 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 36 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 36.2 Corporate committment.

A foreign corporation having operations in this Commonwealth shall ensure compliance with the requirements of an accrediting body recognized by the United States Department of Education and acceptable to the Department, as well as with applicable Pennsylvania statutes and regulations. The Department will post a list of acceptable accrediting bodies on its website. The education enterprise shall be consistent with the statement of philosophy and objectives and equivalent to the commitment to similar programs conducted by the corporation on its main campus or as approved by the Department. The term ‘‘education enterprise’’ is defined in § 31.2 (relating to definitions).

The provisions of this § 36.2 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 36.2 amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 339. Immediately preceding text appears at serial page (320341).

History

  • Authority: The provisions of this Chapter 36 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 36 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 36.3 Governance.

(a) The board of trustees shall have approved the education enterprise of the institution and shall have authorized the request for approval of an educational enterprise in this Commonwealth.

(b) Planning, administration and evaluation of the education enterprise shall be an integral and continuous part of the corporation’s normal procedures.

(c) If the educational enterprise includes course work creditable to a degree, an education program advisory committee of at least three persons shall be established and maintained, shall be based in this Commonwealth and consist of appropriately qualified Commonwealth residents who are not employed by the corporation. This committee shall assist the corporation in establishing quality off-campus educational activities and conduct periodic quality assessments.

(d) Institutional policies that govern the education enterprise must be in written form and, when applicable, have the approval of the education program advisory committee.

(e) Appropriately qualified, full-time administrative or supervisory personnel, or both, shall be employed and delegated responsibility for operating the education enterprise in this Commonwealth. The employees, the number depending on the size of the operation, shall be available onsite for academic advisement and consultation with enrollees and prospective enrollees.

The provisions of this § 36.3 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 36.3 amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 339. Immediately preceding text appears at serial pages (320341) to (320342).

History

  • Authority: The provisions of this Chapter 36 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 36 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 36.4 Curricula.

(a) Curricula shall have the approval of the faculty of the parent institution in the same manner as curricula offered at the parent campus and, when applicable, shall have the approval of the education program advisory committee.

(b) An educational enterprise which deals with the certification of professional personnel for Commonwealth public schools shall be in compliance with Chapter 49 (relating to certification of professional personnel).

(c) Graduate programs, courses and offerings must include the study of research techniques and results; and curricula beyond the master’s level must include scholarly studies in the design, conduct and publication of research.

(d) The quality of each program, course or offering shall be evaluated at least once every 5 years by the education enterprise for compliance with Subpart C (relating to higher education) and institutional accreditation.

The provisions of this § 36.4 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 36.4 amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 339. Immediately preceding text appears at serial page (320342).

History

  • Authority: The provisions of this Chapter 36 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 36 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 36.5 Faculty.

(a) Faculty shall have experience and qualifications which are no less than those required of faculty at the parent institution and which are appropriate for the level of instruction.

(b) The total faculty load and related assignments of part-time faculty may not exceed the generally accepted standards for institutions of higher education.

(c) Full- and part-time faculty shall, in addition to classroom instruction, be available for academic advisement and interaction with students. Graduate programs shall be planned by faculty members and approved by a faculty committee. Guidance of thesis or dissertation studies shall be the responsibility of faculty members with appropriate specialization.

The provisions of this § 36.5 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 36.5 amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 339. Immediately preceding text appears at serial page (320342).

History

  • Authority: The provisions of this Chapter 36 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 36 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 36.6 Admissions requirements.

Admissions standards must be comparable to the standards for admissions prescribed by § 31.31 (relating to admissions requirements).

The provisions of this § 36.6 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 36.6 amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 339. Immediately preceding text appears at serial page (320342).

History

  • Authority: The provisions of this Chapter 36 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 36 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 36.7 Resources and facilities.

(a) Appropriate physical facilities and instructional equipment shall be adequate to initiate and continue the program, course or offering.

(b) Library and research resources shall be provided onsite by the education enterprise or by contract, or both, for each educational endeavor in accordance with standards of professional associations and learned societies.

(c) Library, learning and research resources must be sufficient in quality, number and currency to serve the program, course or offering at the required level of instruction. Records of materials provided and usage statistics shall be maintained to determine the adequacy and accessibility of library resources.

The provisions of this § 36.7 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 36.7 amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 339. Immediately preceding text appears at serial page (244567).

History

  • Authority: The provisions of this Chapter 36 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 36 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 36.8 Evaluation and approval.

(a) The chief administrative officer or designee of the applying institution shall be recognized by the Department as the liaison person. Negotiations for approval to operate in this Commonwealth shall be conducted with that person.

(b) The Department reserves the right to conduct an evaluation of the parent institution or, when applicable, its off-campus enterprises, or both.

(c) Following the initial approval to operate in this Commonwealth under this chapter and applicable provisions of this subpart, and after the issuance by the Department of State of a certificate of authority to operate, the institution shall be permitted to recruit and register students and begin its operation.

(d) During the first year of operation, a site visit shall be conducted by an evaluation committee in accordance with this chapter and this subpart.

(e) Materials relating to a site visit shall be received by the Department at least 60 calendar days prior to the site visit.

(f) Department site visits may be conducted jointly with other accrediting or approving agencies, but decisions and recommendations must be arrived at independently by the Department evaluation committee. Site visit costs pertinent to the request of the applicant shall be borne by the applicant.

(g) Following submission of the evaluation committee’s report to the institution, the institution shall within 60-calendar days of the receipt of the report file its response with the Department. Upon receiving a response satisfactory to the Department, the Department will publish its intent to approve the enterprise in the Pennsylvania Bulletin at least 30 days before the date of approval. The decision of the Secretary regarding approval of the enterprise will be rendered within 60-calendar days of publication of the notice in the Pennsylvania Bulletin. If a protest or objection is received, the Department will conduct hearing procedures in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) before making a final determination regarding the application.

(h) If an enterprise is not approved, the institution shall close its operation on a timetable to be established by the Department. The Department will take appropriate legal action against a foreign corporation operating an educational enterprise in this Commonwealth without the express written approval of the Secretary.

(i) If an institution is approved to operate an educational enterprise in this Commonwealth, it shall file periodic progress reports as deemed necessary by the Department. The educational enterprise may be evaluated for cause at any time and will be reevaluated every 5 years in accordance with this subpart and this chapter. If the institution fails to maintain its enterprise according to this subpart and this chapter, authority to operate in this Commonwealth will be revoked as provided by 24 Pa.C.S. § 6506(a) (relating to visitation of institutions and revocation of authority).

(j) To withdraw from its approved enterprise in this Commonwealth, a foreign corporation shall have the approval of the Secretary and shall be in compliance with § § 31.71 and 31.72 (relating to notification; obligations).

The provisions of this § 36.8 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

The provisions of this § 36.8 amended January 18, 2008, effective January 19, 2008, 38 Pa.B. 339. Immediately preceding text appears at serial pages (244567) to (244568).

History

  • Authority: The provisions of this Chapter 36 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 36 adopted April 30, 1982, effective May 1, 1982, 12 Pa.

Chapter 40 Institutional Approval

22 Pa. Code § 40.1 Scope.

This chapter and Chapter 31 (relating to general provisions) apply to approval of an institution as an independent junior college, college, seminary or university, or for status as a State System, State-related or State-aided institution for the purposes of awarding college credits and granting degrees.

The provisions of this § 40.1 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.1 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724; amended November 13, 1987, effective November 14, 1987, 17 Pa.B. 4651. Immediately preceding text appears at serial page (108473).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.2 Statement of philosophy, mission and need.

An institution or chartering group applying for institutional approval shall submit a statement of its philosophy and objectives as part of the application to the Department. The statement of philosophy shall set forth what the institution regards as its major mission and the major categories of academic programs to be provided, including its provisions for affirmative action and equal educational opportunity. The statement of objectives shall express the specific means of fulfilling that mission, with particular emphasis on objectives to be achieved by the requested status. The statement shall show the short and long term planning of the institution and shall include the evaluation procedures used to determine future developments and a procedure for modifying or amending the mission. The statement also shall document how the mission fulfills the educational needs of this Commonwealth and does not duplicate education already provided in the institution’s service region and the Commonwealth.

The provisions of this § 40.2 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369).

The provisions of this § 40.2 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended November 13, 1987, effective November 14, 1987, 17 Pa.B. 4651. Immediately preceding text appears at serial page (108473).

This section cited in 22 Pa. Code § 40.26 (relating to agreements); and 22 Pa. Code § 40.33 (relating to agreements).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.3 Financial stability.

(a) An institution or chartering group applying for institutional approval shall:

(1) Have funds available in accordance with section 312.A.(1) of the Nonprofit Corporation Law (15 P. S. § 7312.A.(1)) to carry on the programs as required for the requested type of institution.

(2) Provide a 4-year projection of anticipated income and expenditures which demonstate that tuition and other sources of income will be sufficiently large to provide a sound financial operation and assure diversity of intellectual interests and resources.

(b) An application from an existing institution shall include, in addition, a comparative report of current fund revenues and expenditures for the 4-year period prior to application for the requested approval. Financial stability shall be determined by the comparison of current fund expenditures against current fund revenues over the 4-year period prior to application for the requested approval.

(c) [Reserved].

(d) An institution shall carry on a continuous financial development program, including solicitation from its various constituencies.

The provisions of this § 40.3 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369).

The provisions of this § 40.3 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended November 13, 1987, effective November 14, 1987, 17 Pa.B. 4651. Immediately preceding text appears at serial page (108474).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.4 Applicability.

(a) An institution or chartering group applying for approval as an independent nonprofit junior college, college, professional school or university shall meet the applicable requirements of 15 Pa.C.S. Part III (relating to corporations not-for-profit) and sections 211, 312 and 902(4) of the Nonprofit Corporation Law (15 P. S. § § 7211, 7312 and 7902(4)) and other applicable statutes.

(b) A foreign corporation applying for approval to operate in this Commonwealth shall be in compliance with provisions of this subpart which are applicable to an independent junior college, college, professional school or university and with Chapter 36 (relating to foreign corporation standards).

(c) A nonprofit institution of postsecondary education applying for State System, State-related or State-aided status shall:

(1) Be legally authorized to grant degrees in this Commonwealth.

(2) Justify the need for specified higher education services to be offered in the public interest of the Commonwealth by the status.

The provisions of this § 40.4 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.4 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial page (69413).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.11 Mission and governance.

(a) The institution shall agree to revocation of its articles of incorporation.

(b) Change in the mission of the institution shall be developed in accordance with the policies of the Board of Governors of the State System.

(c) Change in governance of the institution shall be developed under § § 31.12(b), 31.13(d) and 31.14(b) (relating to president and board of trustees; administrative organization; and financial records).

The provisions of this § 40.11 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.11 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial page (69413).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.12 Programmatic information.

The institution shall provide to the Department:

(1) Descriptions of all programs offered.

(2) The existing salary schedule, or range, and the qualifications of the staff including the number of existing staff at each faculty rank or administrative level.

The provisions of this § 40.12 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.13 Fiscal information.

The institution shall provide to the Department:

(1) A comparative report of current fund revenues and expenditures for the 5-year period prior to application for the requested status.

(2) The number of students enrolled and the number of graduates, by program, for the 5-year period prior to application for the requested status.

The provisions of this § 40.13 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.21 Mission.

The institution shall adopt a statement of mission consistent with policies of the Board and including academic programs and services, to be provided at low tuitions, which meet the public need as determined by the Department and the Board.

The provisions of this § 40.21 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.22 Board of trustees.

The Governor of the Commonwealth and the Secretary shall be appointed as voting trustees of the institution, to serve ex officio. One-third of the trustees other than the Governor, the Secretary, and the president of the institution, shall be appointed by the Commonwealth, with the appointing power divided equally among the Governor, the Senate and the House of Representatives.

The provisions of this § 40.22 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.23 Provision for Commonwealth residents.

(a) Tuitions shall be established by the governing board of the institution in conformance with levels established by the Board; a differential between tuition for Commonwealth residents and nonresidents shall be established. Residence shall be determined by institutional policy.

(b) The institution shall provide education for Commonwealth residents as a priority. A plan for attaining or maintaining a level of 70% Commonwealth residents as a proportion of all students enrolled shall be implemented.

The provisions of this § 40.23 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.24 Articulation agreements.

Agreements governing acceptance of transfer students shall be developed and implemented by each State-related institution mutually with other State and State-related institutions and community colleges.

The provisions of this § 40.24 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.25 Programmatic information.

The institution shall provide the Department with descriptions of programs offered, and shall agree to follow principles and policies established by the Board before additional programs are undertaken.

The provisions of this § 40.25 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.26 Agreements.

An institution shall sign articles of agreement with the Department to include:

(1) Adoption of a new charter to reflect State-related status and obligations as specified in applicable provisions of Chapter 31 (relating to general provisions) and of this chapter.

(2) Acceptance of Board policies and regulations to reflect State-related status and obligations as specified in applicable provisions of Chapter 31 (relating to general provisions) and of this chapter.

(3) Disclosure of sources of income and expenditures as specified in § 31.14(c) (relating to financial records).

(4) Provisions for equal educational opportunity, as specified in § 40.2 (relating to statement of philosophy, mission and need).

The provisions of this § 40.26 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.31 Mission.

The institution shall adopt a statement of mission consistent with policies of the Board. This shall include academic programs and services which meet the public need, as determined by the Department and by the Board.

The provisions of this § 40.31 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

As the Department of Transportation failed to prove that Carnegie Mellon University was a ‘‘state-aided’’ university, a campus police officer was not defined as a ‘‘police officer’’ with legal authority to make an arrest of a motorist. Therefore, the 1 year suspension of operating privileges by the Department due to the refusal to submit to chemical testing requested by said campus police officer was improper. Snyder v. Commonwealth, 640 A.2d 490 (Pa. Cmwlth. 1994).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.32 Programmatic information.

(a) The institution shall provide the Department with descriptions of programs which serve the public interest and a need not presently being met by a State-supported institution.

(b) The institution shall demonstrate the measures that have been taken to cooperate with other institutions in the elimination of unnecessarily duplicative programs and shall agree to follow principles and policies of the Board aimed at avoiding unnecessary and wasteful duplication of programs before additional programs are undertaken.

The provisions of this § 40.32 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

As the Department of Transportation failed to prove that Carnegie Mellon University was a ‘‘state-aided’’ university, a campus police officer was not defined as a ‘‘police officer’’ with legal authority to make an arrest of a motorist. Therefore, the 1 year suspension of operating privileges by the Department due to the refusal to submit to chemical testing requested by said campus police officer was improper. Snyder v. Commonwealth, 640 A.2d 490 (Pa. Cmwlth. 1994).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.33 Agreements.

An institution shall sign articles of agreement with the Department to include:

(1) Acceptance of Board policies and regulations to reflect State-aided status and obligations as specified in applicable provisions of Chapter 31 (relating to general provisions) and of this chapter.

(2) Disclosure of sources of income and expenditures as specified in § 31.14(c) (relating to financial records).

(3) Provisions for equal educational opportunity as specified in § 40.2 (relating to statement of philosophy, mission and need).

The provisions of this § 40.33 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

As the Department of Transportation failed to prove that Carnegie Mellon University was a ‘‘state-aided’’ university, a campus police officer was not defined as a ‘‘police officer’’ with legal authority to make an arrest of a motorist. Therefore, the 1 year suspension of operating privileges by the Department due to the refusal to submit to chemical testing requested by said campus police officer was improper. Snyder v. Commonwealth, 640 A.2d 490 (Pa. Cmwlth. 1994).

This section cited in 22 Pa. Code § 40.47 (relating to evaluation for State-aided status).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.41 Application.

An applicant desiring approval shall, after consultation with the Department, submit a formal application to the Department on forms provided by the Department. The application shall be filed not later than July 1 of the calendar year preceding the academic year in which the institution desires the approval. Applicants whose requested status requires an appropriation shall include materials of the annual budget request. Funding for the status shall require legislative action.

The provisions of this § 40.41 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369).

The provisions of this § 40.41 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

This section cited in 22 Pa. Code § 40.52 (relating to approval of a professional school).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.42 Evaluation for approval as a junior college, college or university.

(a) An evaluation committee of qualified individuals will be selected by the Department. The committee will consist of a representative of the Department and other representation as is appropriate to the programs of the applicant. The applicant has the right to reject, without cause, one person from the selected committee. If the applicant wishes to reject more than one person, the applicant shall show cause why the person should be removed from the committee.

(b) The evaluation committee’s review will include, but not be limited to, the following:

(1) The mission, philosophy and objectives of the applicant.

(2) The educational programs, student advisement procedures, student services, record system and the status of extracurricular activities.

(3) The potential and projected enrollment.

(4) The sources and adequacy of the financial support.

(5) The provision that has been made for the necessary administrative, instructional and maintenance personnel.

(6) The proposed or existing salary schedule, or range, and the qualifications of the staff.

(7) The accommodations and facilities of the institution, including the adequacy of the library.

(8) The plans for growth, expansion or reduction of educational programs, facilities and financial resources.

(9) The scope of the applicant’s community or regional involvement.

(10) The admission and graduation requirements.

(11) The composition of the board of trustees, together with its record of actions.

(12) The need for the institution within the local area and the Commonwealth.

(13) The applicant’s provision for evaluating the achievement of stated objectives.

(14) The proposed catalog and other announcements for the applicant under § 31.32 (relating to catalogue and announcements).

(15) The articles of incorporation and by-laws of the applicant.

(16) The extent to which the applicant conforms to the standards or recommendations for academic practices of the regional, professional or specialized accrediting body to which the institution would be required to apply for institutional or program approval under § 31.52 (relating to accreditation).

(c) The committee will evaluate documentation submitted by the applicant, conduct an onsite visit and submit a written report, with recommendations, to the Secretary. This report will be submitted to the applicant by the Department for response. The report of the committee and the response by the applicant are the basis on which the Secretary makes a decision on the request of the applicant.

The provisions of this § 40.42 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial pages (69417) to (69418).

This section cited in 22 Pa. Code § 40.44 (relating to evaluation for approval of a professional school by an applicant not previously authorized to grant degrees in Pennsylvania).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.43 Evaluation for the establishment of a new professional school by a State System, a State-related or State-aided institution or an independent institution not having the required authorization in its enabling legislation or approved articles of incorporation.

(a) An evaluation committee will be selected by the Department and chaired by a staff person from the Department. The committee will consist of an equal number of academic professionals who provide accredited programs and of practicing professionals who have graduated from accredited programs in the program area of the applicant’s request. At least one person in each category shall be from outside this Commonwealth. At least one person in each category shall be from a Commonwealth institution or be practicing in this Commonwealth.

(b) The committee will consider the following:

(1) Information provided by the institution in its application which documents the unmet need for the proposed school in the professional field; relatedness of need to Commonwealth, regional, national and international manpower needs; and the projected enrollment demand for the proposed professional school.

(2) Evidence of adequate financial support and clinical resources for the proposed professional school.

(3) Evidence of prior consultation with and progress toward meeting standards of the appropriate nationally recognized accrediting agency or association.

(c) The committee will evaluate documentation submitted by the applicant, conduct an onsite visit and submit a written report, with recommendations, to the Secretary. This report will be submitted to the applicant by the Department for response. The report of the committee and the response by the applicant are the basis on which the Secretary makes a decision on the request of the applicant.

(d) When departments are organized within existing institutions with the intent of developing these toward establishment of professional schools, this chapter applies.

The provisions of this § 40.43 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.43 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial pages (69418) to (69419).

This section cited in 22 Pa. Code § 40.44 (relating to evaluation for approval of a professional school by an applicant not previously authorized to grant degrees in Pennsylvania); and 22 Pa. Code § 40.52 (relating to approval of a professional school).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.44 Evaluation for approval of a professional school by an applicant not previously authorized to grant degrees in this Commonwealth.

Evaluation shall be in accordance with § § 40.42(b) and (c) and 40.43(a) and (b) (relating to evaluation for approval as a junior college, college or university; evaluation for the establishment of a new professional school by a State System, a State-related or State-aided institution or an independent institution not having the required authorization in its enabling legislation or approved articles of incorporation).

The provisions of this § 40.44 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

This section cited in 22 Pa. Code § 40.52 (relating to approval of a professional school).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.45 Exception.

The establishment of schools for the preparation of professional educators shall be subject to Chapter 49 (relating to certification of professional personnel).

The provisions of this § 40.45 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.46 Evaluation for State System, or State-related or State-aided status.

The Department will evaluate documentation submitted by the applicant, conduct an onsite visit and submit a written report, with recommendations, to the Secretary.

The provisions of this § 40.46 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.46 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial page (69420).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.51 Approval of an independent junior college, college, university or foreign corporation.

(a) The applicant will receive approval to operate in this Commonwealth when, in the opinion of the Secretary, it has met the prescribed conditions. To be approved the applicant shall conform to generally accepted academic practices and to the regulations of the Board and applicable statutes. The articles of incorporation and the bylaws are subject to change if directed by the Secretary in order for the applicant to receive approval. In this Commonwealth, university approval is not a prerequisite to granting graduate degrees, either at the master’s or doctoral level. For university approval, exceptions to the minimum three-unit structure may be granted for exceptional educational reasons—such as, avoidance of program duplication at the doctoral level or universities established for limited or special purposes—when the need for the exception is documented by the institution. Reference should be made to § 31.2 (relating to definitions).

(b) If the institution fails to maintain standards prescribed by this chapter and Chapter 31 (relating to general provisions), the court shall, upon the recommendation of the Department, revoke the degree-granting privilege of the institution as provided in section 312C of the Nonprofit Corporation Law (15 P. S. § 7312C). The recommendation will be made only after the institution has been informed in writing of its inadequacies and has been given reasonable time in which to restore itself to the level of the required minimum standards.

The provisions of this § 40.51 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.51 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724; amended November 13, 1987, effective November 14, 1987, 17 Pa.B. 4651. Immediately preceding text appears at serial pages (108482) to (108483).

This section cited in 22 Pa. Code § 31.52 (relating to accreditation); and 22 Pa. Code § 31.53 (relating to visitation).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.52 Approval of a professional school.

(a) For an applicant previously authorized to grant degrees in this Commonwealth, the Department will be required to establish an evaluation committee and perform the approval process within 6 months after receipt of an application. Reference should be made to § 40.41 (relating to application). Students shall not be admitted into professional programs prior to the first academic year for which the applicant has requested approval.

(b) The Secretary will approve the request of an applicant for a professional school, after consultation with the Board, when the applicant has met all prescribed conditions.

(c) Prior to accreditation by the appropriate nationally recognized agency or association, the Department will review the status of the program every 3 years, in accordance with § § 40.43 or 40.44 (relating to evaluation for the establishment of a new professional school by a State System, a State-related or State-aided institution or an independent institution not having the required authorization in its enabling legislation or approved articles of incorporation; and evaluation for approval of a professional school by an applicant not previously authorized to grant degrees in this Commonwealth), as appropriate. The school shall be considered provisionally established until it achieves accreditation.

The provisions of this § 40.52 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.53 Approval of State System, State-related or State-aided status.

(a) The Secretary will approve the request of an institution for the status, after consultation with the Board, when the institution has met the conditions prescribed in this subpart and Commonwealth statutes. The Secretary will then forward to the General Assembly the appropriate budget request and, if required, a request for passage of appropriate enabling legislation.

(b) If the institution fails to maintain standards prescribed by this chapter and Chapter 31 (relating to general provisions), the Secretary will recommend to the General Assembly that no further appropriation be made to the insitution. The recommendation will be made only after the institution has been informed in writing of its inadequacies and has been given reasonable time in which to restore itself to the level of the required minimum standards.

(c) When the Secretary has approved a new State System university and the General Assembly has approved and funded the institution, the institution shall be bound by the School Code, the policies of the Board of Governors of the State System of Higher Education and other statutes and provisions of this title which apply to existing State System universities. If an institution is approved as a State System university, its doctoral programs shall thereafter be offered only in conjunction with the Indiana University of Pennsylvania or an institution chartered to offer programs at the doctoral level.

The provisions of this § 40.53 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.53 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial pages (69421) to (69422).

This section cited in 22 Pa. Code § 31.52 (relating to accreditation); and 22 Pa. Code § 31.53 (relating to visitation).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.54 Approval of a closed institution to reopen.

An institution which has closed and wishes to reopen shall comply with the applicable provisions of this chapter. Reference should be made to § 31.72(8) (relating to obligations).

The provisions of this § 40.54 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389.

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.55 Other approval for State financial support.

(a) Aid to students or to institutions which is provided by State agencies other than the Department, or by State law, shall be governed by appropriate law and regulation.

(b) Forms of State financial support created subsequent to the adoption of this subpart, to be administered by the Department, shall be administered in accordance with regulations established by the Board.

The provisions of this § 40.55 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369).

The provisions of this § 40.55 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended November 13, 1987, effective November 14, 1987, 17 Pa.B. 4651. Immediately preceding text appears at serial page (108485).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.56 Additional programs.

Additional programs which lead to degrees and which were not originally approved may be instituted only after receiving approval from the Secretary. A degree not authorized in the original articles of incorporation or approved amendments of a chartered institution will require approval by the Secretary.

The provisions of this § 40.56 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 40.56 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial pages (69422).

This section cited in 22 Pa. Code § 42.1 (relating to scope); 22 Pa. Code § 42.32 (relating to approval process); and 22 Pa. Code § 42.47 (relating to approval).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 40.57 Appeals, hearings and notice.

An applicant denied approval may request the Department to provide administrative hearings and notice in accordance with the appeal procedures of 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), as applicable.

The provisions of this § 40.57 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369).

The provisions of this § 40.57 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended November 13, 1987, effective November 14, 1987, 17 Pa.B. 4651. Immediately preceding text appears at serial page (108485).

History

  • Authority: The provisions of this Chapter 40 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 40 adopted April 30, 1982, effective May 1, 1982, 12 Pa.

Chapter 42 Program Approval

22 Pa. Code § 42.1 Scope.

This chapter and Chapter 31 (relating to general provisions) apply to approval of all of the following:

(1) Specialized associate degree programs at a licensed trade, business, correspondence or beauty culture school which is chartered or established by statute in this Commonwealth.

(2) Additional programs at a chartered junior college, college or university which lead to degrees and which have not had prior approval consistent with the articles of incorporation. See § 40.56 (relating to additional programs).

(3) Upper division undergraduate programs at junior or community colleges.

(4) Additional programs of a foreign corporation approved to operate at a specific site in this Commonwealth. A program having prior approval may be transferred to another site only after receiving approval of the Department.

(5) Vocational educational programs at institutions desiring approval for State/Federal money allotted for vocational education. Federal eligibility restrictions will apply when necessary.

The provisions of this § 42.1 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 42.1 amended through May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial pages (90438) to (90439).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.2 Exception.

Programs for the preparation of professional educators shall be subject to Chapter 49 (relating to certification of professional personnel).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.11 Application.

(a) A licensed trade, business, correspondence or beauty culture school desiring approval for a specialized associate degree program shall, after consultation with the Department, submit a formal application to the Department on forms provided by the Department.

(b) The application shall include a statement of the school’s philosophy, goals, and objectives. The philosophy shall express the school’s responsibility for education in the areas in which approval is desired and its provisions for affirmative action and equal educational opportunity. The statement of goals shall set forth what the institution regards as its terminal objectives for each program requested. The statement of institutional objectives shall express specific institutional attainments necessary to accomplish the goals.

(c) There shall be a 3-year projection of anticipated income and expenditures. This projection shall demonstrate the ability of the institution to support the requested program.

This section cited in 22 Pa. Code § 31.52 (relating to accreditation); and 22 Pa. Code § 73.42 (relating to exemptions from licensure).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.12 Evaluation.

(a) An evaluation committee shall be selected by the Department. Members of the committee shall qualify as authorities in the program areas to be investigated. The committee shall consist of a representative of the Department and such other representation as is appropriate to the specific goals of the applying institution.

(b) The committee shall consider:

(1) The philosophy and goals of the institution.

(2) The educational objectives, counseling services, record-keeping system and the status of the extracurricular activities.

(3) The potential enrollment.

(4) The sources and adequacy of the financial support.

(5) The provision that has been made for the necessary administrative, instructional and maintenance personnel.

(6) Faculty retention and the qualification of the faculty at the institution.

(7) The accommodations and facilities of the institution, including the adequacy of the library.

(8) The plans for the growth and expansion of the educational program, facilities and financial resources.

(9) The nature of the community relations and use of community resources and facilities.

(10) The admission and graduation requirements.

(11) The administration and organization.

(12) The need within the community or regional area for the proposed program.

(13) The placement records of graduates.

(14) The promotional materials and public information programs to insure that these accurately reflect the institution’s programs.

(c) The committee shall evaluate all documentation submitted by the applicant, conduct a site visit to evaluate the program and submit a written report, with recommendations, to the Department. This report shall be submitted to the institution by the Department for the institution’s reaction. The committee’s report and the institution’s reaction are the basis on which the Secretary makes a decision.

This section cited in 22 Pa. Code § 31.52 (relating to accreditation); and 22 Pa. Code § 73.42 (relating to exemptions from licensure).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.13 Approval.

(a) A program may receive initial approval, including institutional authorization to award the degree specified, for a period of 3 to 6 years during which the program is subject to periodic review by the Department.

(b) A program may receive approved status upon completion of initial approval when it has met all prescribed conditions. The Department shall be notified immediately by the chief executive officer or his designee if the school has new management or ownership. In order to assure the maintenance of the quality of programs, the institution shall be subject to visitation and inspection by the Department and action, when appropriate, as specified in § 42.14 (relating to revocation of degree-granting privilege).

This section cited in 22 Pa. Code § 31.52 (relating to accreditation); and 22 Pa. Code § 73.42 (relating to exemptions from licensure).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.14 Revocation of the degree-granting privilege.

If the institution fails to maintain compliance with this subpart or pertinent laws, or fails to implement the recommendations of the Department’s report of evaluation, the Secretary may revoke the degree-granting privilege. Such revocation shall be made only after the institution has been given a reasonable time in which to restore its program to the level of the minimum standards.

This section cited in 22 Pa. Code § 31.52 (relating to accreditation); 22 Pa. Code § 42.13 (relating to approval); and 22 Pa. Code § 73.42 (relating to exemptions from licensure).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.21 Approval.

(a) A junior or community college may offer an upper-division program not culminating in a baccalaureate degree when approval of the Department is obtained based upon the following criteria:

(1) The need for the proposed program in the area and its relation to Commonwealth and regional manpower needs.

(2) The adequacy of existing institutions in the region to meet identified needs of the community.

(3) The adequacy of the proposed program to expand the educational opportunities needed by the community.

(4) The advice of the regional coordinating council of the region in which the junior or community college is located.

(5) For a junior college, evidence of financial support for the proposed upper-division program.

(6) For a community college, an estimate of the cost to the Commonwealth of funding the proposed upper-division program.

(b) If a junior college desires to grant a baccalaureate degree at the end of upper-division programs, it should make application to the Department to become a college in accordance with the provisions of Chapter 40 (relating to institutional approval).

This section cited in 22 Pa. Code § 335.12 (relating to standards for reimbursable credit courses at community colleges).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.31 Applicability.

At a junior college, college, university or foreign corporation, additional programs which lead to degrees and which have not had prior approval, as appropriate, may be instituted only after receiving approval from the Secretary.

The provisions of this § 42.31 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 42.31 amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial page (90442).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.32 Approval process.

(a) The process shall incorporate the institutional approval process, peer evaluation, use of consultants, and coordination with the Department; and shall be implemented according to guidelines or standards or both approved by the Board and issued by the Department.

(b) An institution having no prior approval for graduate programs and requesting approval of a program leading to a graduate degree shall also comply with § § 42.41—42.47 (relating to graduate program approval procedure).

(c) An institution having charter status shall also comply with § 40.56 (relating to additional programs).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.41 Statement of philosophy and need.

An institution applying for approval to grant graduate degrees shall submit a statement of its philosophy of graduate education as part of the application. This statement shall set forth the philosophy of the institution with respect to research, instruction and the goals of graduate education, including the major categories of graduate programs to be provided and the institution’s provisions for affirmative action and equal educational opportunity. The statement shall show the total planning of the institution for graduate instruction and shall include the evalua-tion procedures used to determine future developments. The statement also shall document how the proposed graduate instruction fulfills the educational needs of this Commonwealth and does not duplicate education already provided in the institution’s service region and this Commonwealth.

This section cited in 22 Pa. Code § 42.32 (relating to approval process).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.42 Financial stability.

(a) Financial stability shall be determined by the comparison of current fund expenditure accounts of the institution against current fund revenue accounts over the 5-year period prior to the request for a graduate program.

(b) There shall be a 3-year projection of anticipated income and expenditures. This projection shall demonstrate the ability of the institution to support a graduate program.

This section cited in 22 Pa. Code § 42.32 (relating to approval process).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.43 Student enrollment.

The projected graduate student enrollment shall be sufficient in size and quality to justify the program and to promise an intellectually stimulating environment.

This section cited in 22 Pa. Code § 42.32 (relating to approval process).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.44 Curricula.

Educational policy and degree requirements shall be the responsibility of the graduate faculty. The requirements for a graduate degree shall reflect its objectives.

This section cited in 22 Pa. Code § 42.32 (relating to approval process).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.45 Application.

An institution desiring approval to offer graduate programs shall, after consultation with the Department, submit an application to the Department on forms provided by the Department. The application may be filed not later than July 1 of the calendar year preceding the academic year in which the institution desires the approval.

This section cited in 22 Pa. Code § 42.32 (relating to approval process).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.46 Evaluation.

(a) An evaluation committee will be selected by the Department and chaired by a staff person from the Department. The committee will consist of authorities in the areas to be investigated.

(b) The committee will evaluate documentation submitted by the applicant, conduct a site visit to validate the information and assess the readiness of the institution to offer the requested graduate program, and submit a written report, with recommendations, to the Secretary. This report will be submitted to the applicant by the Department for response. The report of the committee and the response by the applicant are the basis on which the Secretary makes a decision on the request of the applicant.

The provisions of this § 42.46 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 42.46 amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial page (90444).

This section cited in 22 Pa. Code § 42.32 (relating to approval process).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.47 Approval.

(a) Initial approval of graduate programs, including institutional authorization to award the degree specified, is provisional. Annual reports, or more frequent reports if requested, shall be sent to the Department by the institution.

(b) An institution having charter status shall also comply with § 40.56 (relating to additional programs).

(c) Following provisional approval, an institution may receive final approval for the requested graduate programs when, in the opinion of the Secretary, it has met prescribed conditions.

(d) If an independent institution fails to maintain standards prescribed by this chapter and Chapter 31 (relating to general provisions) for its graduate programs the court shall, upon the recommendation of the Secretary, revoke the degree-granting privilege of the institution for these programs as provided in section 312C of the Nonprofit Corporation Law (15 P. S. § 7312C). A recommendation as in the case of an independent institution will be made only after the institution or university has been informed in writing of the weaknesses of its programs and has been given reasonable time in which to restore the programs to the level of the required minimum standards.

The provisions of this § 42.47 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 42.47 amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial page (90444).

This section cited in 22 Pa. Code § 42.32 (relating to approval process).

The provisions of these § § 42.51—42.59 adopted June 15, 1984, effective September 1, 1984, 14 Pa.B. 2057, unless otherwise noted. Immediately preceding text appears at serial page (69432).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.51 Approval.

An institution desiring approval to receive State/Federal money for vocational education shall notify the Department of its intent to participate in project resource funding. In order to be eligible for funding, the institution must have long-range plans, a local advisory committee, an occupational advisory committee, admissions policies, planned courses and programs, a method of compliance review, a plan for improvement and contemporary equipment.

This section cited in 22 Pa. Code § 6.1a (relating to scope).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.52 Long-range plans.

(a) Once every 5 years an institution conducting approved vocational education programs shall submit to the Department a long-range vocational education plan.

(b) An institution offering less than five vocational education programs may participate in the plan of a school district, area vocational-technical school, or another institution within the same higher education planning region.

(c) A long-range vocational education plan shall include all of the following:

(1) A needs assessment of the supply of and demand for trained workers by local businesses and industries, based on available data.

(2) An action plan for delivering vocational education that is based on the results of the needs assessment referred to in paragraph (1).

(3) Plans to achieve or maintain coordination/articulation among secondary, postsecondary, adult and apprenticeship programs.

(4) A continuing education plan for professional staff development designed cooperatively by administrators and teachers.

(5) A written policy outlining the institution’s plan for job placement services.

(6) A plan for repair, replacement and addition of instructional equipment.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.53 Local advisory committee.

(a) Institutions administering or planning to administer an approved vocational educational program shall appoint an advisory committee.

(b) The appointed advisory committee shall give advice to the administration of the institution concerning its needs and the needs of business and industry as they relate to long-range planning, educational planning, and recruitment of personnel.

(c) A minimum of one meeting shall be held each year.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.54 Occupational advisory committee.

An occupational advisory committee shall be established for each vocational program or cluster of related programs offered by an institution. The committee shall meet at least once each year to advise on curriculum.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.55 Admissions policies.

(a) Institutions administering vocational education programs shall have a written policy regarding admissions.

(b) Policies regarding admissions shall be publicized and shall be nondiscriminatory.

(c) Course announcements, guidance materials, brochures, and similar materials shall convey the philosophy of equal access to students considering enrollment.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.56 Program content.

(a) Institutions offering vocational education programs shall include the elements of a planned course in vocational program offerings.

(b) For planned vocational courses, the list of objectives expected to be achieved by students and expected levels of achievement shall be derived from industry analysis that is critical to success in a work environment.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.57 Method of compliance review.

(a) Vocational education programs administered by an institution shall be evaluated every 5 years for compliance with this chapter.

(b) The compliance review may utilize the techniques such as self-study, Department staff reviews or external evaluation to accomplish the review.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.58 Plan for improvement.

Within 6 months following the receipt of a formal compliance review report from the Secretary, an institution shall submit to the Secretary a plan for compliance improvement.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.59 Contemporary equipment.

Equipment shall be deemed appropriate if it is comparable, insofar as practical, to that used in occupations or households for which vocational education or related vocational instruction is provided.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.61 Appeals, hearings and notice.

A licensed trade, business, correspondence or beauty culture school denied approved status or having its degree-granting privilege revoked, or a junior college, community college, college, professional school, university or State System university denied approval of a program may request the Department to provide administrative hearings and notice under the appeal procedures of 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies).

The provisions of this § 42.61 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421).

The provisions of this § 42.61 amended through May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial page (95757).

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.
22 Pa. Code § 42.71 Recodification.

(a) Sections of this chapter replace sections of Chapters 33, 37, 39, 41, 43, 45, 46, 47 and 48.

(b) This chapter is integrated with Chapter 31 (relating to general provisions) and Chapter 40 (relating to institutional approval).

The provisions of this § 42.71 adopted June 15, 1984, effective September 1, 1984, 14 Pa.B. 2057.

History

  • Authority: The provisions of this Chapter 42 issued under section 1319 of The Administrative Code of 1929 (71 P.
  • Source: The provisions of this Chapter 42 adopted April 30, 1982, effective May 1, 1982, 12 Pa.

Chapter 44 Program Standards and Eligibility Criteria for the Higher Education Equal Opportunity Act

22 Pa. Code § 44.1 Scope and purpose.

(a) This chapter provides standards and eligibility criteria for programs operated by institutions of higher education under Act 101. Guidelines for the Act 101 program issued by the Department prior to the adoption of this chapter shall cease to be effective on June 30, 1992.

(b) This chapter applies only to programs operated under Act 101.

(c) The Board’s equal education opportunity policies generally applicable to institutions of higher education are in Chapter 32 (relating to equal education opportunity).

History

  • Authority: The provisions of this Chapter 44 issued under sections 3 and 4 of the Higher Education Equal Opportunity Act (24 P.
  • Source: The provisions of this Chapter 44 adopted February 7, 1972, effective February 8, 1992, 22 Pa.
22 Pa. Code § 44.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act 101—The Higher Education Equal Opportunity Act (24 P. S. § § 2510-301—2510-305). Act 101 student—A student who meets the eligibility criteria of this chapter and who is enrolled in a program. Program—A program operated under Act 101 and this chapter.

The provisions of this § 44.2 amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4243. Immediately preceding text appears at serial page (225465).

History

  • Authority: The provisions of this Chapter 44 issued under sections 3 and 4 of the Higher Education Equal Opportunity Act (24 P.
  • Source: The provisions of this Chapter 44 adopted February 7, 1972, effective February 8, 1992, 22 Pa.
22 Pa. Code § 44.3 Eligible grant applicants.

An accredited degree-granting postsecondary institution in this Commonwealth is eligible to apply for Act 101 funds.

This section cited in 22 Pa. Code § 44.4 (relating to eligible students).

History

  • Authority: The provisions of this Chapter 44 issued under sections 3 and 4 of the Higher Education Equal Opportunity Act (24 P.
  • Source: The provisions of this Chapter 44 adopted February 7, 1972, effective February 8, 1992, 22 Pa.
22 Pa. Code § 44.4 Eligible students.

(a) A bona fide domiciliary of this Commonwealth who is attending an institution which is an eligible grant applicant under § 44.3 (relating to eligible grant applicants) and who is determined to be economically and educationally disadvantaged under this section is eligible for participation in the program. To be eligible for participation, a student shall meet the following criteria. The student shall be:

(1) Economically disadvantaged by having an annual family income equal to or less than 200% of the family income level established by the United States Bureau of the Census for determining poverty status and published by the United States Department of Health and Human Services in the Federal Register. The annual family income to be used to recruit students who will enter the program on or after July 1 of every year beginning in 2001 will be provided to institutions by the Secretary by March 31 of the same year and will be published in the Pennsylvania Bulletin by April 15 of the same year. The Secretary’s notification under this section will comply with this chapter and will not be subject to the regulatory review procedures under section 5 of the Regulatory Review Act (71 P. S. § 745.5).

(2) Educationally disadvantaged by having a grade point average (GPA) predicted to be 2.0 or less (scale: A = 4.0). The prediction shall be based upon the criteria and formula regularly used by the institution to select students for admission. If an institution has not developed a formula for predicting a student’s GPA, the term means a student who is judged unlikely to succeed academically at the institution.

(b) Act 101 programs serve both full-time and part-time students. Full-time means that the student is carrying at least 12 credits in a semester. Part-time means that the student is carrying at least 6 credits but less than 12 credits in a semester. A participating Act 101 institution shall serve full-time students and may serve part-time students.

The provisions of this § 44.4 amended March 8, 1996, effective for the 1996-97 academic year, 26 Pa.B. 1060; amended January 17, 1997, effective for the 1997-98 academic year, 27 Pa.B. 323; amended February 27, 1998, effective for the 1998-99 academic year, 28 Pa.B. 1141; amended August 11, 2000, effective August 12, 2000, 30 Pa.B. 4243. Immediately preceding text appears at serial page (225466).

This section cited in 22 Pa. Code § 44.8 (relating to implementation).

History

  • Authority: The provisions of this Chapter 44 issued under sections 3 and 4 of the Higher Education Equal Opportunity Act (24 P.
  • Source: The provisions of this Chapter 44 adopted February 7, 1972, effective February 8, 1992, 22 Pa.
22 Pa. Code § 44.5 Institutional commitment.

(a) A participating 4-year institution shall plan a 2-year financial and academic commitment to all students entering the program. A participating 2-year institution shall plan a 1-year financial and academic commitment to all students entering the program. This commitment is subject to continued funding by the General Assembly. The institution shall arrange financial aid packages, based on needs, to assure that each Act 101 student receives adequate financial assistance to cover expenses. Act 101 funds will not be used for this purpose.

(b) An institution shall match a minimum of 15% of the cost for new programs and a minimum of 25% for continuing programs as part of the institution’s commitment.

(c) The institution shall carefully evaluate every phase of the proposed program in terms of proposal development, recruitment, admissions, counseling, tutoring, course offerings, student personnel services, student retention, degree completion and postgraduate plans of Act 101 students, and shall, if necessary, be committed to altering institutional attitudes, methods and practices to maximize the Act 101 students’ chances for a positive and productive higher education experience. The evaluation shall be conducted annually and the results provided to the Department under § 44.6(b) (relating to responsibility of the Department).

(d) Each program shall have an advisory board. The program may be guided, but not directed, by the advisory board. The advisory board shall represent the administration, faculty, student body and community. Advisory board members from the community shall include parents and agency representatives and may include neighborhood residents. Advisory board members shall be available to participate regularly in its meetings and activities. The advisory board shall be given the services of program staff persons and be empowered to create subcommittees as needed. Its total size shall be determined by the program director and eligible institution. The advisory board shall offer advice in areas of program development, recruitment, retention, funding and supportive services affecting Act 101 students. An orientation program for the advisory board shall be implemented to assure clarity of roles and comprehension of the philosophy of the program.

This section cited in 22 Pa. Code § 44.6 (relating to responsibility of the Department).

History

  • Authority: The provisions of this Chapter 44 issued under sections 3 and 4 of the Higher Education Equal Opportunity Act (24 P.
  • Source: The provisions of this Chapter 44 adopted February 7, 1972, effective February 8, 1992, 22 Pa.
22 Pa. Code § 44.6 Responsibility of the Department.

(a) The Department will implement the Act 101 program by making grants to eligible institutions and providing oversight of institution programs.

(b) The Department will receive and review the annual evaluation reports submitted by institutions participating in the Act 101 program under § § 44.5(c) and 44.7(a) (relating to institutional commitment; and reports) and other reports as may be required by the Department. As deemed necessary, the Secretary or the Secretary’s designee may issue advice and directives to institutions to facilitate program implementation. The advice and directives will be consistent with the act and this chapter.

(c) The Department will issue new guidelines for the Act 101 program consistent with this chapter. The guidelines will be issued to participating institutions in sufficient time to take effect July 1, 1992.

This section cited in 22 Pa. Code § 44.5 (relating to institutional commitment).

History

  • Authority: The provisions of this Chapter 44 issued under sections 3 and 4 of the Higher Education Equal Opportunity Act (24 P.
  • Source: The provisions of this Chapter 44 adopted February 7, 1972, effective February 8, 1992, 22 Pa.
22 Pa. Code § 44.7 Reports.

(a) Annually, each institution participating in the Act 101 program shall provide the Department information on program outcomes, including, at a minimum, student retention, degree completion and postgraduate plans of Act 101 students. The information shall be provided by the institutions at the time and in the form requested by the Secretary or the Secretary’s designee.

(b) Annually, the Secretary or the Secretary’s designee will report on implementation of the Act 101 program to the Council of Higher Education. When deemed advisable, the Secretary or the Secretary’s designee may recommend to the Board revisions in these standards to this chapter.

This section cited in 22 Pa. Code § 44.6 (relating to responsibility of the Department).

History

  • Authority: The provisions of this Chapter 44 issued under sections 3 and 4 of the Higher Education Equal Opportunity Act (24 P.
  • Source: The provisions of this Chapter 44 adopted February 7, 1972, effective February 8, 1992, 22 Pa.
22 Pa. Code § 44.8 Implementation.

Institutions of higher education which are recruiting students to enter Act 101 programs on or after July 1, 1992 shall use the eligibility criteria in § 44.4 (relating to eligible students).

History

  • Authority: The provisions of this Chapter 44 issued under sections 3 and 4 of the Higher Education Equal Opportunity Act (24 P.
  • Source: The provisions of this Chapter 44 adopted February 7, 1972, effective February 8, 1992, 22 Pa.

Part II State Board of Private Academic Schools

Chapter 51 General Provisions

22 Pa. Code § 51.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Approved institution—A junior college, community college, college or university approved by or recognized by the Department to award degrees. Board—The State Board of Private Academic Schools. Department—The Department of Education of the Commonwealth. Director—A professional appointed by a private academic school and approved by the Board as the educational administrator of the school. Pennsylvania teaching certificate—A valid Pennsylvania professional teaching certificate issued under Chapter 49 (relating to certification of professional personnel), or a private academic teaching certificate. Private academic school—A school that maintains or conducts classes for the purpose of offering instruction for consideration, profit or tuition, to five or more pupils at one time, or to 25 or more pupils during the school year, the purpose of which is to educate an individual generally or specially or to prepare an individual for more advanced study. The term includes schools engaged in this type of education, except private trade schools, private business schools, private correspondence schools, any other school which is nonacademic in character, a nonpublic nonlicensed school or classes owned or operated by or under the authority of a bona fide religious institution, or a school accredited by an accrediting association approved by the State Board of Education. These schools may include, but are not limited to, the following:

(i) Nursery school and kindergarten.

(ii) Elementary and secondary schools.

(iii) Special education schools.

(iv) Tutoring centers.

(v) Educational testing and remedial centers. Professional staff—Those who work for the school in an administrative, supervisory or teaching capacity, or who provide health or guidance services. The term includes, but is not limited to, administrators, directors, principals, headmasters, headmistresses, supervisors, teachers, psychologists, school counselors and nurses. Student—A person enrolled in a school which is regulated by the provisions of this part.

The provisions of this § 51.1 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.1 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (47416) to (47417).

Due Process

A licensee which was refused a new license was afforded due process where the allegations on which the adjudication was based were clearly set forth in the order to show cause and were accompanied by citations of the applicable statutes and regulations. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).

An administrative error in failing to serve the licensee’s attorney with a document containing proposed findings of fact and conclusions of law is neither prejudicial nor a denial of due process if the attorney was aware of the contents of the document. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).

Predisposal

An agency may make a preliminary review as to whether or not a case exists and may turn the matter over to an attorney and investigative staff, and this procedure does not indicate a predisposal to rule against a licensee. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.2 Philosophy and objectives.

(a) The Board, reestablished by the General Assembly in 1988, is charged with regulating and licensing private academic schools covered by the Private Academic Schools Act (24 P. S. § § 6701—6722).

(b) The history of education in this country clearly shows the impact on society that nonpublic schools have had and do have because they are independent. The rules and regulations developed by the Board provide a framework within which private academic schools can pursue their own objectives in their own ways, if they meet and maintain specific, high standards in terms of curriculum, instructional equipment, teacher qualification, fiscal responsibility and the safety and well being of students. The Board wants to ensure that there is accountability as to goals and objectives, and independence as to means, and the Board believes that both accountability and independence are essential to the strength of the schools.

(c) By law, the Board has a responsibility to regulate. By its own determination, the Board also has committed itself to support and encourage viable alternative choices to public education.

The provisions of this § 51.2 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.2 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; amended March 8, 1991, effective March 9, 1991, 21 Pa.B. 943. Immediately preceding text appears at serial page (129723).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.3 Compliance with school laws.

Schools regulated by this part shall comply with the following statutory provisions:

(1) Sections 771, 922.1-A, 923A, 923.1-A, 923.2-A, 1303, 1327, 1329, 1330, 1332, 1355, 1361, 1401—1407, 1409, 1416—1420, 1511, 1518 and 1605 of the Public School Code of 1949 (24 P. S. § § 7-771, 9-972.1, 9-973, 9-973.1, 9-973.2, 13-1303a, 13-1327, 13-1329, 13-1330, 13-1332, 13-1355, 13-1361, 14-1401—14-1407, 14-1409, 14-1416—14-1420, 15-1511, 15-1518 and 16-1605).

(2) The act of May 7, 1937 (P. L. 585, No. 150) (24 P. S. § § 2421—2425).

(3) Title 54 of the Pennsylvania Consolidated Statutes § § 301—332 (relating to the Fictitious Names Act).

The provisions of this § 51.3 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.3 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30533).

This section cited in 22 Pa. Code § 51.52 (relating to curriculum requirements).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.4 Licenses.

(a) A private academic school shall apply to the Board for a license to operate. Other schools may apply and be granted a license if qualified.

(b) The initial application for a license shall be accompanied by a license fee of $250 in the form of a certified check or money order made payable to the ‘‘Commonwealth of Pennsylvania.’’ The fee is considered a processing fee and will not be refunded if the license is denied. A school license shall be issued for a term of 1 year and shall be renewed yearly.

(c) The annual license renewal fee is based on the enrollment and category of the license held by the school and shall be payable by check or money order to the ‘‘Commonwealth of Pennsylvania.’’ A school which has a nursery, kindergarten, elementary, secondary or special education license will be charged an enrollment fee and will report student enrollment as of October 1 of the preceding year on the Nonpublic School Enrollment Report provided by the Department. Tutoring centers and educational testing and remedial centers will be charged a category fee. The enrollment and category licensure fees are as follows:

(1) Nursery, kindergarten, elementary, secondary or special education schools with enrollments of 30 students or less will pay a base rate of $75. A school with an enrollment of 31 students or more will pay the base rate of $75 and:

(i) During the 1991-92 school year $1 for each additional student not to exceed a maximum fee of $300.

(ii) During the 1992-93 school year $2 for each additional student not to exceed a maximum fee of $500.

(iii) During the 1993-94 school year, and thereafter, $3 for each additional student not to exceed a maximum fee of $750.

(2) Tutoring centers will pay a category fee of $100 during the 1991-92 school year; $200 during the 1992-93 school year; and $250 during the 1993-94 school year and thereafter.

(3) Educational testing and remedial centers will pay a category fee of $100 during the 1991-92 school year; $200 during the 1992-93 school year; and $300 during the 1993-94 school year and thereafter.

(4) When tutoring and educational testing and remedial center licenses are held in combination, a single fee will be assessed at $200 during the 1991-92 school year; $350 during the 1992-93 school year; and $425 during the 1993-94 school year and thereafter.

(5) A school that holds a license with one or more of the enrollment classifications of nursery, kindergarten, elementary, secondary or special education, and holds another license under the category classification of tutoring center or educational testing and remedial center will be assessed both an enrollment and category fee.

(d) An applicant for licensure shall attach to the application a financial statement as required by § 51.6 (relating to financial responsibility).

(e) The Board will make available to schools the appropriate forms and information for applying for a license.

(f) When the premises of a school are leased or owned, a copy of the occupying lease or a face copy of the deed shall be attached to the application for a license. The occupying lease agreement may not be for a period of less than 1 year.

(g) A license will be granted for the specific ownership and location declared in the application for license. A license granted to a specific ownership is not transferable to a new owner. A change in ownership will require the new owner to file an initial application for a license. The initial application shall be submitted to the Board at least 30 days in advance of the effective date of change in ownership.

(h) Given cause, the Board may refuse to renew a license or vote to revoke a license. Before reaching a decision, the Board may initiate administrative hearings or hearings as may be requested by the school concerned. Except in cases judged by the Board to be extreme, the Board will permit a school whose license is under review to continue to operate until the hearing process has been concluded even though this may extend beyond the expiration date of the license. A full administrative due process hearing will be held in accordance with the procedure outlined in 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law).

(i) A school which operates classes at more than one location shall obtain a license for each location.

(j) It is the policy of the Board to require a school licensed for the first time to operate 1 full academic year before it adds subjects, grade levels or fields to the license.

(k) A license shall be displayed in a conspicuous place on the premises to which it applies.

The provisions of this § 51.4 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.4 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4834; corrected December 27, 1991, effective October 12, 1991, 21 Pa.B. 5934. Immediately preceding text appears at serial pages (161776) to (161778).

This section cited in 22 Pa. Code § 51.113 (relating to change in ownership or procedure).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.5 Complaint procedure.

(a) The Director and owner is responsible for answering questions or concerns regarding the educational program and operation and management of the school.

(b) Questions or concerns that are not satisfactorily resolved between the family member and the school may be brought to the attention of the Board. Send correspondence to Secretary, State Board of Private Academic Schools, 333 Market Street, Harrisburg, Pennsylvania 17126-0333, (717) 783-6840.

The provisions of this § 51.5 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.5 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.6 Financial responsibility.

(a) A school applying for a license shall include with its application evidence that it has available financial resources or forms of surety adequate to reimburse the unearned tuition whenever the licensed private academic school ceases to operate. Schools shall be exempt from this requirement when prepaid tuition is paid for a period no longer than the 30-day closure notice required in § 51.7 (relating to closure).

(b) To satisfy the requirements of subsection (a), a school shall provide evidence of its financial responsibility by submitting to the Board one of the following:

(1) Financial report. If the school chooses to satisfy subsection (a) by submitting a financial report, the following apply:

(i) An audit conducted by a certified public accountant shall be performed annually on the financial records of the school and reported on forms provided by the Board.

(ii) A letter of assurance prepared by and attested to by the certified public accountant shall be submitted to the Board with the audit required by subparagraph (i).

(iii) The Board reserves the right to require, on 30 days written notice, an interim financial report.

(2) Surety. If the school chooses to satisfy subsection (a) by securing a form of surety, the school shall obtain a surety bond given in the Commonwealth in sufficient amount to meet the requirements in this paragraph. The surety bond shall exist at the following level:

(i) For an initial private academic school license, a licensee which requires prepaid tuition shall obtain a surety bond in an amount equal to the number of students times the prepaid tuition rate, with a minimum surety level of $10,000.

(ii) For a licensee applying for the renewal of a license, the licensee shall obtain a surety bond in an amount no less than $10,000 plus an additional amount of $10,000 for every $100,000 of prepaid tuition collected during the previous licensure year. A licensee which has collected $100,000 or less in prepaid tuition during the previous licensure year is not required to obtain a surety bond in excess of $10,000. No licensee is required to obtain a surety bond in excess of $100,000.

(c) Review and approval. The financial report or level of surety established by a school is subject to the review and approval of the Board. Board approval is a condition precedent to the granting or renewal of a license. Approval of a financial report or surety does not relieve the school, its sureties or accountants of responsibilities and liabilities imposed upon them by law.

(d) Alteration by school. A school shall notify and receive approval from the Board prior to making changes in its approved level of surety. The school shall immediately notify the Board if there are changes made in its financial report.

The provisions of this § 51.6 issued under the Private Academic Schools Act (24 P. S. § § 6701—6722).

The provisions of this § 51.6 adopted March 8, 1991, effective March 9, 1991, 21 Pa.B. 943.

This section cited in 22 Pa. Code § 51.4 (relating to license).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.7 Closure.

(a) The intent to close a private academic school shall be conveyed in writing to the Board, parents, school employes and resident school district of students at least 30 days in advance of the last day of planned operation. In addition to the general requirements of § § 51.72 and 57.37 (relating to student; and academic records) a private academic school shall forward the records of currently enrolled students to the receiving schools of the students.

(b) The private academic school license shall terminate on the date specified as the last day of operation in the school’s notice to the Department.

(c) A school which reopens after official closure shall be subject to the provisions of this chapter relating to licenses. The application shall be considered an application for an original license.

The provisions of this § 51.7 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.7 adopted March 8, 1991, effective March 9, 1991, 21 Pa.B. 943.

This section cited in 22 Pa. Code § 51.6 (relating to financial responsibility).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.11 Facilities approval.

(a) The buildings of schools shall conform to applicable fire and panic requirements of the Commonwealth or its political subdivisions.

(b) The buildings of schools located in the cities of Philadelphia, Pittsburgh and Scranton shall be approved from the standpoint of public safety by the Licensing and Inspections Bureaus of the respective cities. The buildings of schools located elsewhere in this Commonwealth shall be approved by the Department of Labor and Industry in accordance with the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § § 1221—1235), known as the Fire and Panic Act. A statement or certificate of the proper approval shall be filed with the Board. The Board will not issue a license until it receives written notifications of approval of facilities from the Department of Labor and Industry or from the cities of Philadelphia, Pittsburgh and Scranton.

The provisions of this § 51.11 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.11 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30535).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.12 Environmental health and safety.

(a) Provisions for the health, physical welfare and safety of pupils shall be those prescribed and required by the Department of Environmental Resources, or local governmental authorities having jurisdiction over these matters.

(b) The buildings of schools, including grounds, shall be approved by the Department of Environmental Resources or by the county departments of health in the counties of Allegheny, Bucks, Chester, Erie and Philadelphia in accordance with 25 Pa. Code Chapter 171 (relating to schools). A statement of the proper approval shall be filed with the Board. The Board will not issue a license until it receives written notification of the health and safety approval of buildings from the Department of Environmental Resources or from the county department of health in which the school is located.

The provisions of this § 51.12 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.12 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30535).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.13 Immunization.

(a) No child in grades K through 12 may be admitted to or permitted to attend a private school unless the child has received immunizations required by 28 Pa. Code Chapter 23 Subchapter C (relating to immunization) or has received from the director a medical or religious exemption from immunization under 28 Pa. Code § 23.84 (relating to exemption from immunization).

(b) A child who has not received all doses of the required immunizations or who has not been exempted from immunization, but who has received at least one dose of each of the required immunizations, may be provisionally admitted and attend private school for a period of up to 8 months. Provisional admission or continued attendance shall be conditional upon the parent’s or guardian’s submission to the director of a plan for the pupil’s completion of the required immunization doses. The plan shall be reviewed by the school at least every 60 calendar days. If after 8 months, the child has not received all doses of the required immunizations, the child thereafter may not be further admitted to or be permitted to attend the private school until all doses have been received.

The provisions of this § 51.13 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.13 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30535).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.14 Medical examinations.

(a) Medical examinations shall be required for students upon original entry into school and in grades 6 and 11 as provided by 28 Pa. Code § 23.2 (relating to medical examinations). For purposes of this section, ‘‘original entry into school’’ means entrance into kindergarten if it is part of the school system or into grade 1 if the school does not have a kindergarten.

(b) A complete medical examination, including appropriate visual and hearing evaluations, shall be made by a licensed physician at the expense of the parents prior to the entrance of the pupil into school. School medical examinations may be conducted by a school physician or by a family physician and shall be reported on forms supplied by the school.

The provisions of this § 51.14 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.14 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30536).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.15 Dental examinations.

A dental examination shall be provided for a student upon original entry into school and in grades 3 and 7. The school dental examination may be conducted by a school dentist or by a family dentist on forms supplied by the school.

The provisions of this § 51.15 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.15 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30536).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.16 Lighting.

Artificial lighting facilities shall be adequate and safe and shall provide the minimum footcandles required by the governmental authorities having jurisdiction over such matters.

The provisions of this § 51.16 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.17 Heating.

(a) Heating facilities shall be sufficient to provide for the maintenance of normal room temperature in rooms occupied by pupils, exclusive of gymnasiums and rooms used for sleeping purposes, when the outside temperature is less than normal room temperature.

(b) When mechanical ventilating facilities are not used, windows shall be used and equipped for ventilating purposes.

The provisions of this § 51.17 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.18 Cleanliness.

Cleanliness and orderliness in the indoor and outdoor areas of schools shall be maintained.

The provisions of this § 51.18 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.19 First aid kit.

Schools which enroll students of preschool and compulsory school age shall provide and maintain an approved first aid kit for emergency treatments, which shall be readily available and in the charge of at least one staff member competent to administer first aid.

The provisions of this § 51.19 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.20 Health screening tests in grades K through 12.

(a) Vision screening tests shall be conducted annually for students by a nurse or medical technician.

(b) Hearing screening tests shall be conducted annually for students in kindergarten, special ungraded classes and in grades 1, 2, 3, 7 and 11.

(c) Height and weight measurements shall be conducted annually for students by a nurse or teacher.

(d) A test for tuberculosis shall be required of students upon original entry into school and in grade 9.

(e) Scoliosis screening tests shall be administered to students in grades 6 and 7 and to age-appropriate students in ungraded classes.

The provisions of this § 51.20 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.20 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.21 Nursing services and health records.

(a) School nursing services shall be provided for students in grades K through 12. The services may be provided through the public school system in which the private school is located or by a certified school nurse employed by the private school.

(b) Health records shall be maintained for students in grades K through 12. The records shall be kept in the school building where the students attend school and shall be made available to the school nurse at all times. The original health records shall follow a student when transferring to another school.

The provisions of this § 51.21 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.21 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.22 General safety.

(a) A school shall provide evidence of fire and liability insurance for premises and occupants.

(b) A school shall have at least two adults present at the school while students are in attendance.

(c) School playgrounds adjacent to a public highway, waterway, ditch or other unsafe surroundings shall be fenced or have natural barriers to restrict children from these areas.

(d) A school shall have a listed telephone number.

(e) A school shall have a written plan for emergency evacuations and shall conduct monthly fire drills.

(f) A school shall make specific and adequate provisions for protecting the health of the students and for safeguarding their physical welfare.

The provisions of this § 51.22 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.22 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.31 General requirements.

(a) A member of the professional staff shall be a person of good moral character, be at least 18 years of age and be qualified for the responsibilities the person assumes in the operation of the school. A member of the staff shall, when applying for employment, be examined by a physician including a test for tuberculosis and shall present a health certificate from a physician stating that the person has no physical or mental conditions that make it impossible to successfully perform duties within the school. The health certificate shall be on file in the school.

(b) If not a citizen of the United States, the applicant shall present proof that he holds a United States Immigration Service visa or an alien registration which authorizes the alien to reside and seek employment within the United States.

(c) An employe hired after January 1, 1986 shall first present the appropriate background information—criminal history record—to the school, as required by the section 111 of the Public School Code of 1949 (24 P. S. § 1-111).

The provisions of this § 51.31 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.31 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (111801).

This section cited in 22 Pa. Code § 53.21 (relating to teachers); 22 Pa. Code § 55.11 (relating to teachers); 22 Pa. Code § 57.11 (relating to teachers); 22 Pa. Code § 59.11 (relating to teachers); and 22 Pa. Code § 61.21 (relating to teachers).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.34 Certification for teachers.

(a) Only teachers holding a valid Pennsylvania professional certificate issued under Chapter 49 (relating to certification of professional personnel), a private academic teaching certificate or a private academic temporary approval certificate may teach in a licensed private school.

(b) Certification requirements are based on the need to fill positions with qualified people, as demonstrated by the community of private academic schools, and are subject to continuous review and change. Members of the teaching staff shall be certificated or approved by the Board for specific teaching responsibilities. Approvals to teach in lieu of a teacher’s certificate will be granted only under special circumstances on a temporary basis.

(c) A teacher holding a valid Pennsylvania professional certificate is qualified to teach in a private academic school those grades or subjects identified on the certificate. Conversion of an Instructional I certificate to an Instructional II certificate is not required for the continuation of employment in a private academic school.

(d) A person who has a baccalaureate degree may apply for a private academic teaching certificate by:

(1) Submitting the Department’s application form along with the required fee.

(2) Submitting an official set of transcripts from the college/university where degrees were obtained.

(3) Submitting a health certificate.

(4) Submitting, if applicable, documentary evidence of past teaching experience.

(5) Meeting specific regulations in force at the time of issuance.

(e) The Board may issue a temporary approval certificate valid for 1 year to an applicant who has been denied a private academic teaching certificate. The applicant shall be a graduate of an approved degree granting institution and shall appeal in writing to the Board. The Board may establish conditions for the issuance of the certificate. The certificate may be reissued if the original conditions, as stated by the Board, have been met by the applicant.

(f) Private academic teaching certificates and temporary approval certificates allow the holder to teach only in private academic schools in this Commonwealth. Private academic teaching certificates are subject to the terms and conditions under which they were issued and shall continue in force until they expire by virtue of their own limitations.

The provisions of this § 51.34 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.34 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; amended March 8, 1991, effective March 9, 1991, 21 Pa.B. 943. Immediately preceding text appears at serial pages (129732) to (129733).

This section cited in 22 Pa. Code § 53.21 (relating to teachers); 22 Pa. Code § 55.11 (relating to teachers); 22 Pa. Code § 55.12 (relating to directors); 22 Pa. Code § 57.11 (relating to teachers); 22 Pa. Code § 57.12 (relating to directors); 22 Pa. Code § 59.12 (relating to directors); and 22 Pa. Code § 61.21 (relating to teachers).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.36 Director.

(a) A school shall designate a director and shall apply to the Board for approval of the person so designated.

(b) A director shall submit:

(1) An application form and a $35 nonrefundable processing fee.

(2) Three letters of reference from previous employers, stating previous experience in educational administration, supervisory, teaching and other educational activities, indicating the location and length of service for each.

(3) A full and clear description of the role and responsibilities of the director.

(4) A Pennsylvania teaching certificate in a subject or grade level for which the school is licensed.

(c) The director will not receive a certificate but will be approved by action of the Board through issuance of a letter of approval. The letter of approval will apply only to the specific school and job requirement stated at the time of application.

(d) A director may be approved for no more than two schools licensed under the same ownership.

The provisions of this § 51.36 amended under the Private Academic Schools Act (24 P. S. § § 6701—6722).

The provisions of this § 51.36 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4834. Immediately preceding text appears at serial pages (156541) to (156542).

This section cited in 22 Pa. Code § 53.24 (relating to directors); 22 Pa. Code § 55.12 (relating to directors); 22 Pa. Code § 57.12 (relating to directors); 22 Pa. Code § 59.12 (relating to directors); 22 Pa. Code § 61.22 (relating to directors); and 22 Pa. Code § 63.13 (relating to directors).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.51 Program of instruction.

Educational programs shall include the curricula, courses of study, subject matter, experience and activities which are necessary to meet the educational objectives of the school and which are consistent with the educational philosophy of the school.

The provisions of this § 51.51 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial page (3125).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.52 Curriculum requirements.

(a) Each school shall observe and comply with all curriculum requirements contained in the public school laws specified in § 51.3 (relating to compliance with school laws), and Chapter 5 (Reserved).

(b) Written planned course outlines shall be on file for subjects taught. Planned course outlines shall describe the following:

(1) Goals and student learning objectives.

(2) General content, methods and materials used to accomplish goals and objectives.

(3) Strategies for evaluation of pupil progress.

(4) Expected levels of student achievement.

The provisions of this § 51.52 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.52 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30541).

This section cited in 22 Pa. Code § 55.31 (relating to curriculum); and 22 Pa. Code § 57.31 (relating to graduation requirements).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.53 Instructional equipment.

(a) The amount and type of school furniture, instructional equipment and instructional materials shall be governed by the following:

(1) The philosophy and scope of the educational program of the school.

(2) The age level and grade level of the students.

(3) The number of students enrolled.

(4) The objectives of the educational program of the school.

(b) The furniture and equipment shall conform to the standards set forth in Chapter 21 (relating to school buildings), but it may not be required to exceed or vary from that which is approved for use in public schools of like character and scope.

The provisions of this § 51.53 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.53 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30541) to (30542).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.61 Instructional school day and school year.

(a) The minimum length of an instructional school day for certain grade levels shall be as follows:

(1) Nursery schools—2 hours.

(2) Kindergarten—2 1/2 hours.

(3) Grades one through eight—5 hours.

(4) Grades 9 through 12—5 1/2 hours.

(b) In grades K through 12, schools shall be in session a minimum of 180 days of instruction or the equivalent clock hour requirement, with prior approval of the Board. Upon request, the Board may, when a meritorious educational program warrants, approve a school year containing a minimum of 990 secondary or 900 elementary and 450 kindergarten hours of instruction as the equivalent of 180 school days.

(c) Instruction time for pupils shall be the time during the school day which is devoted to instruction and activities provided as an integral part of the school program under the direction of certified school employes. A school shall identify the required starting and ending time of a school day for students and certified staff.

(d) [Reserved].

The provisions of this § 51.61 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.61 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30542) to (30543).

This section cited in 22 Pa. Code § 61.1 (relating to scope); and 22 Pa. Code § 63.1 (relating to scope).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.62 Admission of students.

(a) A school shall establish the minimum entry age for nursery school which may not be less than a chronological age of 2 years 7 months before the first day of the school term.

(b) A school shall establish the minimum entry age for kindergarten which may not be less than a chronological age of 4 years 7 months before the first day of the school term.

(c) A school shall establish the minimum entry age for beginners—grade 1—which may not be less than a chronological age of 5 years 7 months nor more than 6 years no months before the first day of the school term. A school shall permit a child of beginner’s age to attend the school’s first grade and may not require the child to attend a kindergarten, pre-first grade, transitional class or other grade or class that is not regular first grade without parental consent.

(d) A school may, upon parental request, when recommended by a certified school psychologist and approved by the school director, admit to grade 1 a child with a chronological age of 5 years and a mental age of at least 7 years as of the first day of the school term. A director is not required to admit a child as a beginner whose chronological age is less than the school’s established admission age for beginners.

(e) A school shall have written policies and procedures for admission of students. The policy shall include criteria for eligibility, procedures for selection, admission and placement and fee/tuition requirements.

The provisions of this § 51.62 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.62 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30543).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.71 Financial.

(a) Schools shall establish and maintain complete, accurate and detailed financial records, which shall include data pertaining to assets, liabilities, sources and amount of income, and the character and amount of expenditures.

(b) Financial records shall be kept current and available for inspection during regular school hours by one or more representatives of the Board.

(c) These records shall be audited annually. The results of the audit shall be on file at the school, be retained for at least 5 years, and be made available to the Board upon request.

The provisions of this § 51.71 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial page (3127).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.72 Student.

(a) Schools shall keep complete, accurate and detailed records of each individual student and of group conditions and activities.

(b) Schools teaching any grades K through 12 shall maintain a permanent cumulative record for each student, which shall include the following:

(1) The number of hours of instruction received in each subdivision of the curriculum.

(2) Attendance.

(3) Scholastic achievement.

(4) Test scores.

(5) Data on personal characteristics, student health and co-curricular activities.

(c) Records shall be kept current and available for inspection during regular school hours by representatives of the Board.

(d) A school shall have a written plan for the collection, maintenance and dissemination of pupil records based on the Guidelines for the Collection, Maintenance and Dissemination of Pupil Records under § 12.33 (Reserved).

(e) The plan for pupil records shall be kept according to current interpretations of the Sunshine Act (65 P. S. § § 271—286) and shall establish policies on pupil records consistent with the minimum requirements of the act as it relates to pupil confidentiality and section 438 of the General Education Provisions Act (20 U.S.C. § 1232g).

The provisions of this § 51.72 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.72 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30544) to (30545).

This section cited in 22 Pa. Code § 51.7 (relating to closure); 22 Pa. Code § 57.37 (relating to academic records); and 22 Pa. Code § 59.21 (relating to program of instruction).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.81 Fees for services.

Tuition, dormitory, athletic, boarding and other fees not included in an overall charge to the student shall be specified separately on a bill. The fees shall be reasonably in proportion to the quality and amount of the services for which they are in exchange.

The provisions of this § 51.81 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.82 Supplies and clothing.

Supplies, materials, equipment, uniforms and clothing shall become the property of the student on the date of purchase by the student, and extra fees or charges therefore shall be specified separately and apart from other fees or charges.

The provisions of this § 51.82 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.83 Withdrawal.

(a) A school shall give careful and detailed consideration to cases of withdrawal or dismissal of students and shall have written statements to justify its procedure for the retention or refunding of unearned fees or charges. The written statements shall be provided to parents or guardians before enrolling students.

(b) Students who enroll and withdraw within 30 days prior to the beginning of a term/semester—term and semester are equivalent to 1/2 of a school year—shall be entitled to a 75% refund of tuition fees paid for that term/semester.

(c) Tuition fees paid in advance shall be refunded in full if a registered student withdraws or is requested to withdraw 30 days or more before the beginning of a term/semester.

(d) If a student withdraws or is requested to withdraw during a term/semester, there will be no refund of the tuition paid for that term/semester.

The provisions of this § 51.83 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.83 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30545) to (30546).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.84 Application fees.

Application fees for admission to a school shall be separately stated, may not exceed $50, and are not refundable. The school may accept up to $100 nonrefundable tuition payment 6 months prior to the beginning of the school term. An additional payment of tuition up to 1 semester or term may be collected from the parents within 2 months prior to the opening date of school.

The provisions of this § 51.84 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.84 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30546).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.85 Room and board.

(a) Dormitory and board fees may not be collected in advance for more than 1 term/semester.

(b) Dormitory fees are nonrefundable for the term/semester unless the student withdraws at least 2 months prior to the opening of school. If the dormitory is operated by another person or corporation and affiliated with the school, this section applies.

(c) Board charges for a student who withdraws during a term/semester shall be refunded on a prorated basis.

The provisions of this § 51.85 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.85 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30546).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.91 School buses.

School buses which are used for the purpose of transporting pupils to or from school and which are registered as commercial vehicles shall be inspected and approved by the State Police under 75 Pa.C.S. § § 4551—4553 (relating to vehicles for transportation of school children) and shall comply with Department of Transportation requirements in 67 Pa. Code Chapter 171 (relating to school buses and school vehicles).

The provisions of this § 51.92 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.91 adopted June 11, 1968, effective June 26, 1968; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30546).

This section is cited in 22 Pa. Code § 59.41 (relating to school buses/vehicles).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.92 School bus operators.

Operators of school buses transporting school children on the highways or roads of this Commonwealth shall be examined and certificated under 75 Pa.C.S. § 1509 (relating to qualifications for class 4 license) and shall comply with the Department of Transportation requirements in 67 Pa. Code Chapter 71 (relating to school bus drivers).

The provisions of this § 51.92 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.92 adopted June 11, 1968, effective June 26, 1968; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30546).

This section cited in 22 Pa. Code § 59.41 (relating to school buses/vehicles).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.93 School vehicles.

A motor vehicle used for the purpose of transporting children to or from school or in connection with school activities shall do so under 75 Pa.C.S. § § 4551—4553 (relating to vehicles for transportation of school children) and 67 Pa. Code Chapter 171 (relating to school buses and school vehicles).

The provisions of this § 51.93 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.93 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; corrected September 2, 1988, effective August 20, 1988, 18 Pa.B. 4004.

This section is cited in 22 Pa. Code § 59.41 (relating to school buses/vehicles).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.101 Claims of approval.

(a) Schools shall use only their licensed names in advertising and publicity and shall not claim to be ‘‘supervised,’’ ‘‘recommended,’’ ‘‘endorsed,’’ ‘‘accredited,’’ or ‘‘approved’’ by the Board, Department, or Commonwealth.

(b) Licensed schools may advertise that they are ‘‘licensed’’ by the Board.

(c) [Reserved].

The provisions of this § 51.101 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.101 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30547).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.102 College guarantee.

A school may not guarantee the placement of graduates into institutions of higher education or for more advanced study, or for the advancement of pupils into higher grades or levels of instruction.

The provisions of this § 51.102 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.102 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30547).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.103 College endorsements.

(a) A school may not claim or imply that it is endorsed by colleges, universities or other institutions of higher education unless written evidence of that fact is filed with the Board by the endorsing college, university or other institution, which shall have a charter to grant degrees from the State Board of Education or which has been endorsed by an institution of higher education by its regional accrediting agency.

(b) The matriculation of a student from a school in a college or university does not of itself constitute an endorsement by the college or university for purposes of this section.

The provisions of this § 51.103 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.103 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30547).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.104 Designation as ‘‘college’’ or ‘‘university.’’

A school may not apply to itself either as part of its name or in an- other manner the designation of ‘‘college’’ or ‘‘university’’ in a way that gives the impression that it is an educational institution conforming to the standards and qualifications prescribed for colleges and universities by the State Board of Education, unless it in fact meets those standards and qualifications.

The provisions of this § 51.104 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.106 Catalogs.

(a) Printed catalogs, bulletins, pamphlets or a form of prospectus information shall be specific and accurate with respect to the following:

(1) Prerequisite educational training or experience requirements.

(2) School curricula, grades and age requirement.

(3) Graduation requirements.

(4) Tuition, boarding and other fees or charges.

(5) Fee retention/refund policy.

(6) Extra curricular activities.

(7) Immunization requirements.

(8) General operating policies.

(9) Procedures for parent/guardian/student complaints.

(i) Questions or concerns that are not satisfactorily resolved between the parent/guardian and the school may be brought to the attention of the State Board of Private Academic Schools.

(ii) Send correspondence to the Secretary of the State Board of Private Academic Schools, 333 Market Street, Harrisburg, Pennsylvania 17126-0333, (717) 783-6840.

(b) Copies of all forms of prospectus information shall be filed by the school and be available to the Board upon request.

The provisions of this § 51.106 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.106 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30548).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.107 School name.

Under 54 Pa.C.S. § § 301—332 (relating to the Fictitious Names Act), it is unlawful for a school to operate or advertise under a corporate or fictitious name, unless the name is registered by filing an application with the Department of State. The registered school name shall also be filed with the Board.

The provisions of this § 51.107 amended under Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.107 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30548).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.111 Owner requirements.

An individual proprietor of a school, each member of a partnership, association or company that owns a school and each officer and director of a corporation which owns a school, who is directly connected with the conduct and operation of the educational program shall:

(1) Be a person of good moral character.

(2) Be a citizen of the United States.

(3) Be at least 21 years of age.

(4) Not be addicted to the use of morphine, cocaine or another addictive drug.

(5) Be mentally competent.

(6) File with the Board three letters of reference, which shall remark frankly on the person’s:

(i) Integrity.

(ii) Financial responsibility.

(iii) Previous experience in the administration or operation of an educational program.

The provisions of this § 51.111 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.111 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30548) to (30549).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.112 Specific situs and ownership.

A license shall be granted to the owner of a particular school for the specific ownership constituency and for the specific school situs designated and declared in the application for a license. A change in ownership or school situs shall be approved by the Board prior to the date of the change.

The provisions of this § 51.112 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.112 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30549).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.113 Change in ownership or procedure.

A change in ownership requires an application for an initial license as provided in § 51.4 (relating to licenses). The application shall be submitted to the Board at least 30 days in advance of the effective date of the change, and the school may not be operated or conducted under the new or different individual proprietorship, partnership, association or corporation until the initial license is granted and issued to the new or different ownership constituency.

The provisions of this § 51.114 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 51.113 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30549).

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.
22 Pa. Code § 51.114 Out-of-State owner.

When the ownership of a school is vested outside of this Commonwealth, the owner shall certify to the Board the name and address of a representative in this Commonwealth who is authorized to accept service of notice sent by the Board or a legal action instituted by a student.

The provisions of this § 51.114 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 51 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 51.

Chapter 52 Accrediting Organizations—Statement of Policy

22 Pa. Code § 52.1 Purpose.

The purpose of this chapter is to describe the policies of the State Board of Education (State Board) regarding applications made by accrediting organizations for approval under section 5 of the Private Academic Schools Act (24 P. S. § 6705).

History

  • Source: The provisions of this Chapter 52 adopted September 24, 2004, effective September 25, 2004, 34 Pa.
22 Pa. Code § 52.2 Process.

(a) The Department will administer the process governing application by an accrediting organization seeking approval under section 5 of the Private Academic Schools Act (24 P. S. § 6705) and establish administrative policies regarding recognition of school accreditation by accrediting organizations in accordance with an agreement between the State Board of Education (State Board) and the Department.

(b) The Department will make a recommendation to the State Board regarding all applications that have been fully processed, but the final decision to approve or disapprove an application of an accrediting organization under section 5 of the Private Academic Schools Act rests solely with the State Board.

The provisions of this § 52.2 amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1727. Immediately preceding text appears at serial page (306289).

History

  • Source: The provisions of this Chapter 52 adopted September 24, 2004, effective September 25, 2004, 34 Pa.
22 Pa. Code § 52.3 Application.

An application for approval as an accrediting organization under section 5 of the Private Academic Schools Act (24 P. S. § 6705) should include the following elements.

(1) Information specific to the applicant accrediting organization and its operations.

(i) Staffing capacity.

(ii) Personnel expertise.

(iii) Affiliations, location of home office and relationship to operation in this Commonwealth.

(iv) Policies, including complaint and disclosure processes.

(v) Annual report.

(vi) Fee schedule.

(vii) Scope and types of programs for which authority to accredit is sought, including grade level.

(viii) Other information as the Department might deem appropriate.

(2) Criteria for accreditation. The application should include a statement of the applicant’s criteria for accreditation, including formally adopted and incorporated standards guiding all aspects of an accredited school’s operations. The criteria should include information regarding:

(i) Philosophy, mission, goals, objectives and benchmarks.

(ii) Governance and leadership.

(iii) Organizational design and staffing.

(iv) Educational programs, specified by type of school and grade level.

(v) Policies available for areas such as student reporting (confidentiality), safety, parental participation and notification, and complaint and disclosure processes.

(vi) Technology capabilities.

(vii) Student services.

(viii) Student activities.

(ix) Facilities—health and safety.

(x) Finances, including, for example, latest audit, budget, fees, available revenue sources, and the like.

(xi) Assessments of student learning.

(xii) Planning.

(xiii) Insurance.

(xiv) Teacher or faculty qualification, or both, (background, work experience, expertise, certification, and the like).

(xv) Other information related to criteria for accreditation.

(3) Clearly defined candidacy review. The application should include a description of a clearly defined process for review of candidates for accreditation, including the following:

(i) Elements.

(ii) Time in operation before being eligible for accreditation.

(iii) Measurement standards.

(iv) Procedure.

(4) Site visits. The application should include a description of the organization’s policy and procedures regarding site visits, including:

(i) Elements to be evaluated and methods of evaluation.

(ii) Required documentation.

(iii) Unannounced inspections permitted.

(iv) Policies.

(v) Community involvement program.

(5) Self-study, evaluation and plan of action. The application should include a description of the organization’s policies and methodologies regarding an accredited educational institution’s obligation to engage in self-study and its reporting obligations, the periodic evaluation of the accredited institution, and corrective plans of action (including time frames for completion).

(6) Accreditation renewal and monitorship. The application should include a description of the organization’s policies and procedures regarding:

(i) Identification cycle time—total and periodic reviews.

(ii) Reporting of findings to the Department.

(iii) Periodic reporting to the Department, including notification of noncompliance issues.

(7) Additional information. The Department may require additional information it deems necessary from the applicant.

History

  • Source: The provisions of this Chapter 52 adopted September 24, 2004, effective September 25, 2004, 34 Pa.
22 Pa. Code § 52.4 Reporting.

(a) An approved accrediting organization annually should make a report to the Department that includes a summary of its accreditation activity, including a listing of schools that have been accredited, the fees collected, its visitation schedule, and other information that the Department might deem appropriate.

(b) Accrediting organizations should make an immediate, one-time report to the Department regarding each educational institution that has gained or lost accreditation.

History

  • Source: The provisions of this Chapter 52 adopted September 24, 2004, effective September 25, 2004, 34 Pa.
22 Pa. Code § 52.5 Expiration and renewal.

(a) Authority to accredit schools will expire 5 years from the date of approval by the State Board of Education but may be renewed by the State Board every fifth year.

(b) The accrediting organization seeking renewal will prepare a self study, evaluation and plan of action and submit it to the Department 6 months prior to the expiration date.

(c) The Department will review the material, request additional information if necessary and recommend the State Board approve or deny renewal.

History

  • Source: The provisions of this Chapter 52 adopted September 24, 2004, effective September 25, 2004, 34 Pa.

Chapter 53 Nursery Schools and Kindergartens

22 Pa. Code § 53.1 Age groups.

(a) The age groups within the scope of nursery and kindergarten education shall be classified as follows:

(1) Three and four-year-olds—nursery school.

(2) Five-year-olds–kindergarten.

(b) The minimum age for entrance into nursery school may not be less than 2 years 7 months before the first day of the school year.

(c) The minimum age for entrance into kindergarten may not be less than 4 years 7 months before the first day of the school year.

The provisions of this § 53.1 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.1 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial page (30552).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.11 Floor space.

(a) Indoor. There shall be a minimum of 35 square feet of floor space per child in the indoor classrooms, exclusive of offices, sanitary facilities, storage spaces and other auxiliary rooms. Classrooms shall have a minimum height of 8-foot ceilings.

(b) Outdoor. There shall be a minimum of 60 square feet of accessible space per child in the outdoor activity area, which shall be free of hazards. Outdoor play areas which are adjacent to traffic, steep banks, water or other unsafe areas shall be fenced.

The provisions of this § 53.11 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.11 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, October 23, 1976, 6 Pa.B. 2665; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial pages (30552) to (30553).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.12 Restrooms.

There shall be at least one flush toilet and one washbowl for every 15 children. If the toilet and washbowl facilities are not child size, platforms or steps of proper size shall be provided.

The provisions of this § 53.12 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.12 adopted June 11, 1968, effective June 26, 1969; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial page (30553).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.13 Heating.

Radiators, fireplaces and heating and cooling devices within the indoor classrooms shall be equipped with shields or guards for providing protection against contact injuries. Kerosene, electric or other types of portable heaters may not be used as heating devices in classrooms.

The provisions of this § 53.13 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.13 adopted June 11, 1968, effective June 26, 1969; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial page (30553).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.14 Furnishings.

Wall and floor coverings and furniture shall be of such type and quality as will assure safe and sanitary conditions.

The provisions of this § 53.14 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.21 Teachers.

In addition to the general requirements of § § 51.31 and 51.34 (relating to general requirements; and certification for teachers), to be certificated by the Board as a nursery school or kindergarten teacher, a prospective teacher shall comply with one of the following requirements:

(1) Be a graduate of an approved 4-year college or university with a Pennsylvania teaching certificate in early childhood education.

(2) Be a graduate of an approved 4-year college or university and submit documentary evidence of the successful completion of a minimum of 24 semester hours in the theory of child development, early childhood or elementary education.

(3) Be a graduate of an approved 4-year college or university and submit documentary evidence of at least 2 years successful experience as a teacher in a public, nonpublic nonlicensed or accredited nursery or kindergarten school.

The provisions of this § 53.21 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.21 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial page (30554).

This section cited in 22 Pa. Code § 53.26 (relating to teaching load); 22 Pa. Code § 61.21 (relating to teachers); and 22 Pa. Code § 63.12 (relating to teachers).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.22 Assistant teachers.

(a) To be certificated as an assistant teacher, a prospective teacher shall comply with one of the following requirements:

(1) Be a graduate of an approved 2-year college or university having specialized in child development, early childhood or elementary education.

(2) Be a graduate of an approved 2-year college or university and submit documentary evidence of successful completion of a minimum of 24 semester hours in the theory of child development, early childhood or elementary education.

(3) Have completed a minimum of 2 years of college or university credit, totaling 60 credits, in an approved institution and submit documentary evidence of successful completion of a minimum of 24 semester hours in the theory of child development, early childhood and elementary education.

(b) Assistant teachers may become certificated as teachers upon submitting documentary evidence of the completion of 2 years of teaching on the assistant teacher certificate in a nonpublic nonlicensed, a licensed or accredited nursery school or kindergarten, and a minimum of an additional 24 semester hours in the theory of child development, early childhood and elementary education at an approved college or university.

The provisions of this § 53.22 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.22 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial pages (30554) to (30555).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.23 Aide.

(a) An aide may be employed by a school to assist the teacher.

(b) An aide shall meet the following qualifications:

(1) Be a high school graduate, 18 years or older, with good physical and mental health, be of good character and possess personal qualifications for working with children.

(2) Be under direct supervision of a teacher at all times and not be permitted to assume independent responsibilities for a group of children.

(3) Be included in inservice training.

The provisions of this § 53.23 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.23 adopted June 11, 1968, effective June 26, 1969; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial page (30555).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.24 Directors.

The director of a nursery school or kindergarten, in addition to the requirements identified in § 51.36 (relating to director), shall be certified in either early childhood education or private academic nursery/kindergarten. If a school is licensed only for kindergarten, the director may be certified in elementary education, early childhood education or private academic nursery/kindergarten.

The provisions of this § 53.24 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.24 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial page (30555).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.26 Teaching load.

(a) Each class of children shall be headed by a teacher certified under § 53.21 (relating to teachers).

(b) There shall be a minimum of two adults present and available at all times when children are present at a school. Children may not be left unattended, indoors or outdoors, at any time.

(c) Classes may be organized to have separate or mixed age groupings. A school may group nursery and kindergarten ages 3, 4 and 5 together when the school’s methodology, instructional materials and staff training are appropriate to the grouping.

(d) A school which has separate classes for ages 3, 4 and 5, which group ages 3 and 4 together or which group ages 3, 4 and 5 together shall follow the pupil-teacher ratios identified in the following chart.

(e) Exception to pupil-teacher ratios may be granted by the Board upon written request.

The provisions of this § 53.26 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.26 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial page (30556).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.31 Instructional materials and equipment.

There shall be instructional materials and indoor/outdoor equipment compatible with the school’s philosophy, objectives and teaching methodology which will accommodate the number of children enrolled in the school.

The provisions of this § 53.31 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.31 adopted June 11, 1968, effective June 26, 1969; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial pages (30556) to (30557).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.
22 Pa. Code § 53.33 Program of instruction.

(a) The program of instruction shall include those motor, creative, manipulative, imaginative, rhythmic, language and science activities and experiences which tend to promote effectively the physical, mental, social, emotional and aesthetic development of children of preschool age. Objectives and daily plans shall be kept on file and shall be available upon request.

(b) Learning experiences, both informal and planned, shall include:

(1) Free play—outdoors, weather permitting.

(2) Gross motor skill development.

(3) Fine motor skill development.

(4) Perceptual activities.

(5) Language arts activities.

(6) Mathematical activities.

(7) Science activities.

(8) Expressive arts including music, art and dramatic play.

(9) Social science and intercultural activities.

(10) Nutrition.

(11) Health and safety.

(c) A kindergarten program shall be planned for a minimum of 2 1/2 hours of instruction per day for 180 school days. The hours of daily instruction shall be identified.

(d) A nursery program shall be planned for a minimum of 2 hours of instruction per day. The number of days a nursery school remains open shall be established by the school.

(e) A nursery or kindergarten school may provide 2 half-day planned programs of instruction. Students shall attend only one session.

(f) A nursery or kindergarten school may offer a full day planned academic program in which the starting and dismissal times are identified. The teachers and students are required to be in attendance for the full day program.

The provisions of this § 53.33 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 53.33 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 26, 1988, effective August 27, 1988, 18 Pa.B. 3805. Immediately preceding text appears at serial pages (30557) to (30558).

This section cited in 22 Pa. Code § 59.21 (relating to program of instruction).

History

  • Authority: The provisions of this Chapter 53 issued under the act of June 25, 1947 (P.
  • Source: The provisions of this § 53.

Chapter 55 Elementary Schools (Grades 1 to 8)

22 Pa. Code § 55.1 Floor space.

(a) Indoor. There shall be a minimum of 30 square feet of floor space per child in the indoor classrooms for grades one, two and three. For grades four to eight there shall be a minimum of 25 square feet of floor space per child in the indoor classrooms. Classrooms shall have a minimum height of 8-foot ceilings.

(b) Outdoor. There shall be a minimum of 60 square feet of accessible space per child in the outdoor activity area, for grades one, two and three. For grades four to eight there shall be a minimum of 100 square feet of accessible space per child in the outdoor activity area.

The provisions of this § 55.1 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 55.1 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3689. Immediately preceding text appears at serial pages (30559) to (30560).

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.2 Restrooms.

(a) There shall be separate toilet and washbowl facilities for boys and girls.

(b) For students in grades one, two and three, there shall be a minimum of one flush toilet and one washbowl for every 15 students of each sex.

(c) For students in grades four to eight there shall be a minimum of one flush toilet for every 20 girls and one flush toilet and two urinals for every 40 boys. A restroom shall have at least one washbowl for every 40 students using that room.

The provisions of this § 55.2 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 55.2 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3689. Immediately preceding text appears at serial page (30560).

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.3 Furnishings.

Wall and floor coverings, and furniture shall be of such type and quality as will assure safe and sanitary conditions.

The provisions of this § 55.3 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.11 Teachers.

In addition to the general requirements of § § 51.31 and 51.34 (relating to general requirements; and certification for teachers), elementary school teachers shall meet one of the following requirements:

(1) Be a graduate of an approved 4-year college or university with a Pennsylvania teaching certificate in elementary education to teach grades K through 6, or a Pennsylvania early childhood certificate to teach grades N through 3.

(2) Be a graduate of an approved 4-year college or university and shall apply for a private academic teaching certificate by submitting documentary evidence of the successful completion of a minimum of 18 semester hours in the theory of elementary education.

(3) Be a graduate of an approved 4-year college or university and submit documentary evidence of a minimum of 2 years of successful teaching experience in a public, nonpublic nonlicensed or accredited elementary school.

The provisions of this § 55.11 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 55.11 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3689. Immediately preceding text appears at serial page (30561).

This section cited in 22 Pa. Code § 55.12 (relating to directors); 22 Pa. Code § 61.21 (relating to teachers); and 22 Pa. Code § 63.12 (relating to teachers).

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.12 Directors.

A director shall be qualified in accordance with § § 51.34, 51.36 and 55.11 (relating to certification for teachers; directors; and teachers).

The provisions of this § 55.12 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 55.12 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3689. Immediately preceding text appears at serial page (30561).

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.13 Teaching load.

(a) Grades one, two, and three may not have more than 25 students under the direction of one teacher at one time.

(b) Grades four to eight inclusive may not have more than 30 students under the direction of one teacher at one time.

The provisions of this § 55.13 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.21 Instructional equipment and materials.

(a) There shall be instructional materials and indoor and outdoor equipment consistent with the best current educational theories and practices. These materials shall be used in concert with the objectives, philosophy and teaching methodology of the school, and they shall accommodate the number of children enrolled in the school.

(b) [Reserved].

The provisions of this § 55.21 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 55.21 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3689. Immediately preceding text appears at serial page (30562).

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.23 Chalk boards.

Schools shall provide and maintain, in each classroom, chalk boards or their equivalents placed at heights appropriate for the age level and grade level of the students using them.

The provisions of this § 55.23 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 55.23 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3689. Immediately preceding text appears at serial page (30562).

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.31 Curriculum.

(a) The following subjects shall be taught to every student every year in the English language, and from English texts:

(1) English, including listening and speaking.

(2) Reading.

(3) Spelling.

(4) Writing.

(5) Mathematics.

(6) Science.

(7) Social Studies.

(8) Health.

(9) Physical education.

(10) Art.

(11) Music.

(b) The following subjects shall be taught at least once during the elementary grades. The subjects may be taught as separate subjects or integrated into other appropriate subjects:

(1) History of the United States.

(2) History of Pennsylvania.

(3) Geography.

(4) Civics.

(5) Safety Education.

(c) Written planned courses—See § 51.52 (relating to curriculum requirements)—shall be available for each subject taught.

The provisions of this § 55.31 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 55.31 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3689. Immediately preceding text appears at serial page (30563).

This section cited in 22 Pa. Code § 59.21 (relating to program of instruction).

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.
22 Pa. Code § 55.33 Library/media sources.

(a) A school shall maintain a library/media collection which includes a variety of both print and nonprint materials and related equipment of sufficient quality and quantity to support and supplement the instructional program.

(b) Certified school librarians shall provide leadership in the development and implementation of a school library/media program.

(c) There shall be a minimum quantity of 1,000 items per grade of print and nonprint materials and equipment. As used in this subsection, the term ‘‘items’’ means books, films, filmstrips, tapes, records, globes, slide sets, periodicals, audio-visual equipment, maps and other items which supplement the school’s program. Books classified as textbooks may not be included as an item count except when used in limited numbers as reference books.

The provisions of this § 55.33 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3689; corrected September 2, 1988, effective August 20, 1988, 18 Pa.B. 4004.

History

  • Authority: The provisions of this Chapter 55 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 55.

Chapter 57 Secondary Schools (Grades 9 to 12)

22 Pa. Code § 57.1 Indoor/outdoor space.

(a) There shall be a minimum of 15 square feet of floor space per student in classrooms with a minimum height of 8-foot ceilings.

(b) A school shall provide sufficient indoor and outdoor space to achieve its program objectives and philosophy and to meet curricular requirements of § 57.31 (relating to graduation requirements).

The provisions of this § 57.1 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.1 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately preceding text appears at serial page (30565).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.2 Restrooms.

(a) There shall be separate restroom facilities for boys and girls.

(b) There shall be a minimum of one flush toilet for every 20 girls.

(c) There shall be at least one flush toilet and two urinals for every 40 boys.

(d) Each restroom shall have at least one washbowl for every 40 students.

The provisions of this § 57.2 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.2 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately preceding text appears at serial page (30565).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.11 Teachers.

In addition to the general requirements of § § 51.31 and 51.34 (relating to general requirements; and certification for teachers) teachers shall meet one of the following requirements:

(1) Be a graduate of an approved 4-year college or university with a Pennsylvania teaching certificate in the subject in which the instruction is or will be rendered.

(2) Be a graduate of an approved 4-year college or university and submit documentary evidence of the successful completion of a minimum of 18 semester hours in the subject matter field in which instructional service is or will be rendered, and documentary evidence of the successful completion of a minimum of 6 semester hours in the theory of secondary education.

(3) Be a graduate of an approved 4-year college or university and submit documentary evidence of the successful completion of a minimum of 18 semester hours in the subject matter field in which instructional service is or will be rendered, and documentary evidence of a minimum of 1 year of successful teaching experience in a public, nonpublic nonlicensed or accredited secondary school.

The provisions of this § 57.11 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.11 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately preceding text appears at serial page (30566).

This section cited in 22 Pa. Code § 57.12 (relating to directors); 22 Pa. Code § 61.21 (relating to teachers); and 22 Pa. Code § 63.12 (relating to teachers).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.12 Directors.

Directors shall be qualified in accordance with § § 51.34, 51.36 and 57.11 (relating to certification for teachers; directors; and teachers).

The provisions of this § 57.12 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.12 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately preceding text appears at serial page (30566).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.13 Teaching load.

There may not be more than 30 students under the direction of a teacher at any one time.

The provisions of this § 57.13 adopted June 11, 1968, effective June 26, 1969.

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.21 General requirements.

(a) The following materials and equipment shall be included in classrooms or be available for classroom use:

(1) Appropriate texts, maps, and charts.

(2) Educational films and projection equipment.

(3) Educational tapes and recording equipment.

(4) Laboratory equipment and apparatus.

(5) Library books for reference and recreational reading.

(6) Appropriate periodicals.

(7) Usual school supplies.

(8) Desks, tables and chairs.

(9) Computers.

(10) Physical education equipment.

(b) There shall be indoor and outdoor instructional materials consistent with the school’s philosophy, program objectives and teaching methodology which will accommodate the number of students in the school.

The provisions of this § 57.21 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.21 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately preceding text appears at serial page (30567).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.22 Chalk boards.

Schools shall provide and maintain chalk boards or their equivalents placed at heights appropriate for the age level and grade level of the students.

The provisions of this § 57.22 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.22 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately preceding text appears at serial page (30567).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.31 Graduation requirements.

(a) In grades 9 through 12 every student graduating shall have completed 120 hours of instruction in the following 21 units of credit:

(b) A school shall identify planned courses—§ 51.52 (relating to curriculum requirements) curriculum requirement—for which credit shall be awarded. The written planned courses shall be on file at the school and shall be available upon request for review by the Board or its designated representatives.

(c) English and Physical Education shall be taught to every student yearly in grades 9 through 12.

(d) The following planned courses shall be required and taught to students:

(1) English—4 planned courses, each 120-clock hours.

(2) Mathematics—3 planned courses, each 120-clock hours.

(3) Science—3 planned courses including laboratory sciences, each 120-clock hours.

(4) Social Studies—3 planned courses, each 120-clock hours. History and Government of the United States and Pennsylvania shall be taught as required in section 1605 of the Public School Code of 1949 (24 P. S. § 16-1605).

(5) Health—one planned course.

(e) A school may offer any of the following planned courses as a unit of credit toward graduation:

(1) Foreign Languages.

(2) Vocational Education.

(3) Business Education.

(4) Industrial Arts.

(5) Home Economics.

(6) Computer Science.

(7) Consumer Education.

(8) Art.

(9) Music.

(f) The planned courses may be offered for less than 120 hours and course credit shall be awarded based on the fraction thereof.

(g) A copy of the secondary school’s diploma shall be filed with the Board at least 6 months before initial issuance and within 30-days of revision.

The provisions of this § 57.31 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.31 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately preceding text appears at serial pages (30567) to (30568).

This section cited in 22 Pa. Code § 57.1 (relating to indoor/outdoor space); and 22 Pa. Code § 59.21 (relating to program of instruction).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.35 Library/media services.

(a) A school shall maintain a library/media collection which includes a variety of print and nonprint materials and related equipment of sufficient quality and quantity to support the instructional program.

(b) Certified school librarians shall provide leadership in the development and implementation of a school library/media program.

(c) A minimum quantity of print and nonprint materials and equipment shall be 1,500 items per grade. Items are defined as books, films, filmstrips, tapes, records, globes, slide sets, periodicals, newspapers, computer terminals, audio-visual equipment, maps and other items which supplement the school’s program. Books classified as textbooks may not be included as an item count except when used in limited numbers as reference books.

The provisions of this § 57.35 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.35 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately prceding text appears at serial pages (30568) to (30569).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.
22 Pa. Code § 57.37 Academic records.

(a) In addition to § 51.72 (relating to student), a secondary school shall prepare, on a separate document, the academic record of each student for the purpose of providing official transcripts to other agencies and institutions.

(b) A secondary school which closes shall submit the original academic records of graduates to the Department.

The provisions of this § 57.37 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 57.37 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690.

This section cited in 22 Pa. Code § 51.7 (relating to closure).

History

  • Authority: The provisions of this Chapter 57 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 57.

Chapter 59 Special Education Schools

22 Pa. Code § 59.1 Student exceptionalities; programs.

(a) Special education schools are schools which develop programs to serve children with the following diagnosed exceptionalities:

(1) Brain-damaged—as diagnosed by a neurologist.

(2) Mentally retarded—as diagnosed through IQ testing by a certified school psychologist. The classification of students shall be in accordance with the following degrees of retardation:

(i) Educable mentally retarded—IQ scores lower than 80.

(ii) Trainable mentally retarded—IQ scores lower than 55.

(iii) Severely and profoundly retarded—IQ scores lower than 35 and who are also evaluated by a physician.

(3) Socially and emotionally disturbed—as diagnosed by a psychiatrist.

(4) Learning disabled—as diagnosed through an educational and school psychological evaluation by a certified school psychologist.

(5) Physically handicapped—as diagnosed by a physician and school psychologist.

(6) Speech and language impaired—as diagnosed by a speech clinician and, if appropriate, a psychological evaluation by a school psychologist.

(7) Visually impaired—as diagnosed by an eye specialist and school psychologist.

(8) Deaf and hearing impaired—as diagnosed by an audiologist and otologist.

(b) A school shall identify its program according to the ages and grade levels as follows:

(1) Preschool—ages 3 through 5.

(2) Elementary—ages 6 through 14, grades 1 through 8.

(3) Secondary—ages 15 through 21, grades 9 through 12.

The provisions of this § 59.1 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.1 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3691. Immediately preceding text appears at serial page (30570).

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.3 Evaluations.

No student may be admitted to a school regulated by this chapter until the student has been evaluated in accordance with § 59.1(a) (relating to student exceptionalities; programs). The following procedures apply to testing and evaluation:

(1) Except for speech and hearing, an individual psychological examination shall be conducted by a certified school psychologist prior to enrollment.

(2) Tests shall be administered in the language most common to the student.

(3) Tests and evaluation materials shall be selected to accurately measure aptitude and achievement.

(4) No one test may be used as a sole criterion for enrollment into the program.

(5) Information from families, including physical condition, socio-cultural background and behavior in home and school, shall be given full consideration prior to enrollment.

(6) Previous school records, pre-enrollment test scores, physician reports, if applicable, and family information shall be reviewed and interpreted by a school psychologist, the student’s prospective teacher and director of the school prior to assignment.

The provisions of this § 59.3 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.3 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3691.

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.4 Admissions.

(a) Criteria for admission into the school shall be clearly stated in writing and shall include:

(1) More than one appropriate standardized testing instrument.

(2) Psychological report by a certified school psychologist as required by § 59.1 (relating to student exceptionalities; programs).

(3) The diagnosis of a specific exceptionality as stated in § 59.1(a).

(4) Other information, such as family history, former school records, health assessment and other pertinent information as deemed necessary to evaluate the student for admission.

(b) Data collected prior to admission shall be reviewed by a certified school psychologist, director of the school and teacher in preparation for the written educational plan for each student.

(c) The school brochure shall include:

(1) School philosophy.

(2) Type of students served.

(3) Age and grade levels of students served.

(4) Services available for students.

(5) Tuition and other charges to parents.

(6) Fee retention/refund policy.

(7) Nondiscrimination policy.

(8) School program.

The provisions of this § 59.4 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.4 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3691.

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.5 Individualized Education Program (IEP).

(a) A school shall develop an IEP appropriate for each student. The plan shall be formulated based on the data collected in § 59.4(a) (relating to admissions) and shall be written by those identified in § 59.4(b).

(b) The parent or guardian may be requested to participate in the development of the IEP.

(c) The IEP for each student shall include:

(1) Statement of student’s present level of educational performance.

(2) Statement of annual goals for behaviors expected to be achieved.

(3) Statement of short-term instructional objectives.

(4) Statement of specific special educational services to be provided for the student.

(5) Statement of related services to meet the student’s needs.

(6) Statement of specific instructional media and materials to be provided.

(7) Type of physical education program for the student.

(8) Statement of evaluations for achieving instructional objectives.

(9) Projected date for initiation and anticipated duration of services of the IEP.

(d) The IEP shall be reviewed annually for revisions and the review shall be shared with parents. If the IEP is revised, the parent or guardian may be requested to participate in the revision of the plan.

The provisions of this § 59.5 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.5 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3691.

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.11 Teachers.

(a) In addition to the general requirements of § § 51.31 and 51.34 (relating to general requirements; and certification for teachers), special education teachers shall meet one of the following requirements:

(1) Be a graduate of an approved 4-year college or university with a Pennsylvania teaching certificate in the exceptionalities in which the instruction is or will be rendered.

(2) Be a graduate of an approved 4-year college or university and submit documentary evidence of successful completion of 24 semester hours in the theory of special education. Theory courses shall be selected from those listed in the certification requirements for special education teachers with the following distribution:

(i) Six semester hours of basic courses.

(ii) Six semester hours of courses directly applicable to the exceptionality in which the instruction is or will be rendered.

(iii) Twelve semester hours of elective courses.

(b) Special education certificates will be issued in the following exceptionalities:

(1) Mentally Retarded.

(2) Physically Handicapped.

(3) Socially and Emotionally Disturbed.

(4) Speech Correction.

(5) Visually Impaired.

(6) Hearing Impaired.

(7) Learning Disabled.

(c) Teachers holding the Pennsylvania professional comprehensive mentally or physically handicapped certificate, or both, may teach classes for the mentally retarded, socially and emotionally disturbed, physically handicapped, learning disabled and brain damaged.

(d) When instruction provided at the secondary level in the specific subjects of English, mathematics, science and social studies is departmentalized, the teacher may hold valid certification in the subject area taught.

(e) Special education self-contained classes at the preschool, elementary and secondary level shall be taught by certified special education teachers in the exceptionality.

The provisions of this § 59.11 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.11 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3691. Immediately preceding text appears at serial page (30571).

This section cited in 22 Pa. Code § 59.12 (relating to directors); and 22 Pa. Code § 61.21 (relating to teachers).

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.12 Directors.

Directors shall be qualified in accordance with § § 51.34, 59.11 and 51.36 (relating to certification for teachers; teachers; and director).

The provisions of this § 59.12 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.12 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial page (30572).

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.13 Teaching load.

(a) The maximum number of students under the direction of one teacher in a full-time special education class shall be as follows:

(b) In addition to the pupil-teacher ratio listed in subsection (a), preschool programs shall have an aide in each class.

The provisions of this § 59.13 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.13 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial page (30572).

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.21 Program of instruction.

(a) The special education program shall be designed to meet the needs of the exceptionality and shall be adapted, if possible, from regular curricula. See § § 53.33, 55.31 or 57.31 (relating to program of instruction; curriculum; and graduation requirements).

(b) The special education program shall be designed to stress general life skills for the exceptional students who differ to such an extent that their needs and Individualized Education Program (IEP) dictate curricular offerings different from those in a regular program.

(c) The special education program shall specify the acquisition of student competencies in the areas of cognitive, affective, language, social, perceptual motor, physical, self-help and vocational development.

(d) Secondary special education schools which grant diplomas shall meet the unit requirements for graduation as specified in § 57.31.

(e) Schools shall comply with § 51.72 (relating to student) and shall, in addition, contain the diagnostic evaluations and the individual education programs for each student enrolled.

The provisions of this § 59.21 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.21 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial page (30572).

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.22 Instructional equipment and materials.

(a) There shall be instructional materials, indoor and outdoor equipment and supplies consistent with the education program with modifications that may be necessary to meet the individual needs of the exceptional student, to accommodate the number of children enrolled in the school.

(b) A classroom shall have a sufficient number of desks or tables and chairs for the students which shall be suited to the age, physical status and individual needs of the students.

(c) A school shall provide and maintain chalkboards, or their equivalents, placed at heights appropriate for the ages and grade level of the students.

The provisions of this § 59.22 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.22 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690. Immediately preceding text appears at serial page (30573).

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.23 Library/media services.

(a) A school shall maintain a library/media collection which includes a variety of print and nonprint materials and related equipment of sufficient quality and quantity to support and supplement the instructional program.

(b) A certified school librarian shall provide leadership in the development and implementation of a school library/media program.

(c) A minimum quantity of print and nonprint materials and equipment shall be 1,000 items per grade for preschool and elementary and 1,500 items per grade for secondary. Items are defined as books, films, filmstrips, tapes, records, globes, computer terminals, slide sets, periodicals, newspapers, audio-visual equipment, maps and other items which supplement the school’s program. Books classified as textbooks may not be included as an item count except when used in limited numbers as reference books.

The provisions of this § 59.23 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.23 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690.

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.33 Indoor/outdoor space.

(a) Indoor classroom space—the minimum square feet of space per child shall be as follows:

(1) Preschool—35 square feet of space per student in classrooms with a minimum height of 8-foot ceilings.

(2) Elementary—30 square feet of space per student in classrooms with a minimum height of 8-foot ceilings.

(3) Secondary—25 square feet of space per student in classrooms with a minimum height of 8-foot ceilings.

(b) Outdoor space—there shall be accessible outdoor space with a minimum square feet of space per student as follows:

(1) Preschool—60 square feet of accessible space per child, free of hazards.

(2) Elementary—100 square feet of accessible space per child, free of hazards.

(3) Secondary—there shall be sufficient outdoor space to provide for the school’s planned physical education program and other specific requirements in accordance with the student’s Individualized Education Program (IEP).

The provisions of this § 59.33 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.33 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690.

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.34 Restrooms.

(a) Separate rooms. There shall be separate restrooms for boys and girls which shall be accessible and accommodating for all students.

(b) Preschool. There shall be one flush toilet and one washbowl for every 15 students. If the toilet and washbowl facilities are not child size, platforms or steps of proper size shall be provided.

(c) Elementary. There shall be one flush toilet and one washbowl for every 15 students in grades 1 through 3 and for every 20 students in grades 4 through 8.

(d) Secondary. There shall be a minimum of one flush toilet for every 20 girls and one washbowl for every 40 girls. There shall be a minimum of one flush toilet, two urinals and one washbowl for every 40 boys.

The provisions of this § 59.34 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.34 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690.

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.35 Facility safety.

The safety of a facility shall be based on the needs and limitations of the type of handicapped students enrolled in the program and shall include, but not be limited to:

(1) Accessibility for entering and exiting the building.

(2) Ramps.

(3) Handrails.

(4) Fences.

The provisions of this § 59.35 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.35 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690.

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.
22 Pa. Code § 59.41 School buses/vehicles.

Special education schools using school buses for transporting exceptional children shall, in addition to complying with § § 51.91—51.93 (relating to transportation), comply with 67 Pa. Code Chapter 171 Subchapter D (relating to additional standards for specially equiped school buses and school vehicles).

The provisions of this § 59.41 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 59.41 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3690.

History

  • Authority: The provisions of this Chapter 59 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 59.

Chapter 61 Tutoring Centers

22 Pa. Code § 61.1 Scope.

A tutoring center is a school, other than a day school, which specializes in offering individualized or small group instruction to school age children in the academic subjects of the elementary and secondary schools. A tutoring center will not be regulated by the requirements of § 51.61 (relating to instructional day and school year).

The provisions of this § 61.1 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 61.1 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3692. Immediately preceding text appears at serial page (30574).

History

  • Authority: The provisions of this Chapter 61 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 61.
22 Pa. Code § 61.2 Program of instruction.

(a) Tutoring centers shall follow a tutorial program, prescribed by the center, which is designed to meet particular instructional needs of the student and to be consistent with the general objectives and philosophy of the center.

(b) A tutoring center shall identify the age, grade levels and subjects in which tutoring is offered and shall be licensed as elementary, secondary or special education tutoring centers.

(c) The center shall provide instructional materials and equipment in sufficient variety and quantity to implement its identified tutoring program. These instructional materials shall be appropriate for the age, grade level and prescribed tutorial program of students.

(d) Tutoring centers shall be knowledgeable of local school district policy, or if required, enter into written agreements with local school districts for crediting summer tutorial secondary subjects.

The provisions of this § 61.2 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 61.2 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3692.

History

  • Authority: The provisions of this Chapter 61 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 61.
22 Pa. Code § 61.13 Space/restrooms.

(a) Indoor space.

(1) Thirty-six square feet of floor space per student in rooms with a minimum height of 8-foot ceilings is required for individualized tutoring.

(2) Twenty-five square feet of floor space per student in rooms with a minimum height of 8-foot ceilings is required for tutoring small groups of elementary age students.

(3) Fifteen square feet of floor space per student in rooms with a minimum height of 8-foot ceilings is required for tutoring small groups of secondary age students.

(b) Restrooms.

(1) There shall be separate restroom facilities for boys and girls.

(2) There shall be a minimum of one flush toilet and one washbowl for every 20 female students.

(3) There shall be a minimum of one flush toilet and one washbowl for every 20 male students.

The provisions of this § 61.13 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 61.13 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3692. Immediately preceding text appears at serial page (123959).

History

  • Authority: The provisions of this Chapter 61 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 61.
22 Pa. Code § 61.21 Teachers.

In addition to the general requirements of § § 51.31 and 51.34 (relating to general requirements; and certification for teachers), a teacher in a tutoring center shall meet the same qualifications as a teacher of the same subjects or grade levels in a Private Academic School. See § § 53.21, 55.11, 57.11 and 59.11 (relating to teachers).

The provisions of this § 61.21 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 61.21 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3692. Immediately preceding text appears at serial pages (123959) and (123960).

This section cited in 22 Pa. Code § 61.22 (relating to director).

History

  • Authority: The provisions of this Chapter 61 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 61.
22 Pa. Code § 61.22 Director.

The director of a tutoring center shall meet the requirements of § § 51.36 and 61.21 (relating to director; and teachers).

The provisions of this § 61.22 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 61.22 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3692. Immediately preceding text appears at serial page (123960).

History

  • Authority: The provisions of this Chapter 61 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 61.

Chapter 63 Educational Testing and Remedial Centers

22 Pa. Code § 63.1 Scope.

Testing and remedial centers governed by this chapter include a clinic, laboratory or similar agency, other than a day school, which engages in reading and psycho-educational testing and provides a prescriptive program of educational remediation for school age children. A center is not regulated by § 51.61 (relating to instructional day and school year). Testing and remedial centers may be licensed as one or both of the following:

(1) Reading center—A center which may diagnose reading problems and prescribe remediation to school age students with reading deficiencies.

(2) Psycho-educational center—A center which may conduct individual and group diagnostic studies to assess current functioning levels of school age students; identify strengths and weaknesses in learning; assess personality and social factors which affect learning and personal adjustment; and categorize school age students for whom special services or special education programs, or both, are needed.

The provisions of this § 63.1 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 63.1 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3693. Immediately preceding text appears at serial page (123961).

History

  • Authority: The provisions of this Chapter 63 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 63.
22 Pa. Code § 63.2 Center facilities.

(a) Indoor space.

(1) For individual testing or instruction, there shall be a minimum of 36 square feet of floor space in rooms with a minimum height of 8-foot ceilings.

(2) For the remediation of small groups of elementary age students, there shall be a minimum of 25 square feet of floor space per student in rooms with a minimum height of 8-foot ceilings.

(3) For the remediation of small groups of secondary age students, there shall be a minimum of 15 square feet of floor space per student in rooms with a minimum height of 8-foot ceilings.

(b) Restrooms.

(1) There shall be separate restrooms for boys and girls.

(2) There shall be a minimum of one flush toilet and one washbowl for every 20 female students served at one time in the center facility.

(3) There shall be a minimum of one flush toilet and one washbowl for every 20 male students served at one time in the center facility.

The provisions of this § 63.2 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 63.2 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3693. Immediately preceding text appears at serial page (123961).

History

  • Authority: The provisions of this Chapter 63 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 63.
22 Pa. Code § 63.3 Testing and instructional materials.

Testing and instructional materials shall be appropriate for the age and categories of deficiencies of the students enrolled and shall be consistent with the best current educational theories and practices. These materials shall be used in concert with the philosophy and objectives of the educational testing and remedial center.

The provisions of this § 63.3 issued under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 63.3 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3693.

History

  • Authority: The provisions of this Chapter 63 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 63.
22 Pa. Code § 63.11 Educational testing specialists.

An educational testing specialist administers specialized reading and psycho-educational tests and prescribes programs of remediation for school age students.

(1) An educational testing specialist in a psycho-educational testing center shall meet one of the following requirements:

(i) Be a graduate of an approved college or university and hold a Pennsylvania professional school psychologist certificate.

(ii) Meet the standards established by the Board for a school psychologist which include the following:

(A) A master’s degree in psychology with 40 credits of graduate course work in psychology.

(B) A core concentration of psychology work appropriate to professional work with school age children.

(C) Licensure from the State Board of Psychology as a psychologist.

(2) An educational testing specialist in a reading center shall be one of the following:

(i) A graduate of an approved college or university and hold a Pennsylvania professional reading specialist certificate.

(ii) A graduate of an approved college or university and shall submit documentary evidence of the successful completion of a minimum of 30 semester hours in reading, tests and measurements and related areas.

The provisions of this § 63.11 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 63.11 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3693. Immediately preceding text appears at serial pages (123961) to (123962).

This section cited in 22 Pa. Code § 63.13 (relating to directors).

History

  • Authority: The provisions of this Chapter 63 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 63.
22 Pa. Code § 63.12 Teachers.

(a) To teach corrective, remedial or developmental reading in a reading center, a teacher shall be a graduate of an approved 4-year college or university with a Pennsylvania professional reading specialist certificate.

(b) To teach developmental reading and also provide instruction using a given prescription by a reading specialist as is needed for the remediation of mild reading deficiencies, a teacher shall be a graduate of an approved 4-year college or university with a Pennsylvania professional or private academic school certificate in elementary education, English, communication or special education.

(c) To qualify to remediate students in a psycho-educational center, a teacher shall be a graduate of an approved college or university and hold a Pennsylvania teaching certificate in the subjects or grade level in which the remediation will be rendered. See § § 53.21, 55.11, 57.11 and 59.11 (relating to teachers).

The provisions of this § 63.12 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 63.12 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3693. Immediately preceding text appears at serial page (123962).

History

  • Authority: The provisions of this Chapter 63 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 63.
22 Pa. Code § 63.13 Directors.

Directors of educational testing centers shall meet the requirements of § § 51.36 and 63.11 (relating to director; and educational testing specialists).

The provisions of this § 63.13 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).

The provisions of this § 63.13 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3693. Immediately preceding text appears at serial page (123963).

History

  • Authority: The provisions of this Chapter 63 issued under act of June 25, 1947 (P.
  • Source: The provisions of this § 63.

Part III State Board of Private Licensed Schools

Chapter 73 General Provisions

22 Pa. Code § 73.1 Definitions.

The following words and terms, when used in this chapter, have the following meaning, unless the context clearly indicate otherwise: Act—The Private Licensed Schools Act (24 P. S. § § 6501—6518). Acting director—The individual responsible for assuming the director’s duties in the temporary absence of the director. Board—The State Board of Private Licensed Schools. Branch facility—A school facility whether or not located at the administrative headquarters of a school. A school with one school facility has one branch facility. Certificate—A document awarded by a school subject to this chapter upon the successful completion of a particular course. Chief executive officer—The person ultimately responsible for all phases of the school operation, plant and program, including the method of instruction, the employment of instructors, the organization of classes, the equipment, the advertising used, the maintenance of proper administrative records and other matters related to the administration of the school. The chief executive officer and the director may be the same person. Clock hour—A minimum of 50 minutes of instruction. Closure—The situation which results when a school ceases to operate. Complaint—A matter that has been reported to the review and recommendation panel under § 73.184 (relating to reporting of potential violations), has been investigated by Board staff and has been found to constitute a violation of the act or this chapter. Correspondence—A systematic course or program of nonresident instruction. Course—A unit of learning covering specific subject matter. Credit hour—A unit of curricular material which normally can be taught in a minimum of 14 clock hours of instruction. For laboratory instruction, a credit hour represents a minimum of 28 clock hours. For shop instruction and practicum experiences, including externship/internship experiences, a credit hour represents a minimum of 42 clock hours. Degree—A specialized associate degree awarded by a school with the approval of the Secretary under Chapter 42 (relating to program approval). Department—The Department of Education of the Commonwealth. Diploma—A document awarded by the school subject to this chapter upon the successful completion of an approved program. Director—The person designated by a school directly responsible for the day-to-day operation of a school. The director and the chief executive officer may be the same person. Educational supervisor—An individual who reports to the director and supervises all or part of the instructional program in his curricular area. Hearing panel—Three Board members, one of whom shall be a public member as defined by section 3(a) of the act (24 P. S. § 6503(a)), who preside over hearings requested by schools to contest enforcement actions and who submit proposed findings and recommendations to the full Board for its adjudication. Internship or externship—A structured, supervised learning experience which takes place outside of the school and involves the practical application of competencies acquired during school-based instruction. Licensee—A person or entity holding a license issued by the Board in accordance with the act. Mail—Ordinary first class mail, United States Postal Service, ICC approved mail carrier or personal delivery, unless otherwise specified. Nonresident—A student who is receiving instruction by correspondence, telecommunication or similar means including seminar. Notice—A written statement issued by the Board to a licensee or registrant or by a licensee or registrant to the Board. Prepaid tuition—A sum of money received by a school from a student, or on behalf of a student, for which the period of the student’s enrollment has not yet begun. Private licensed school sales office—A permanent or temporary facility away from school premises to which an admissions representative reports or from which an admissions representative solicits or procures student enrollments. Program—An approved series of organized courses. Quarter credit hour—A unit of curricular material which normally can be taught in a minimum of 10 clock hours of lecture. For laboratory and shop instruction, a quarter credit hour represents a minimum of 20 clock hours. For externship/internship experiences, a quarter credit hour represents a minimum of 30 clock hours. Registered school sales office—A permanent or temporary facility in this Commonwealth of a registered school to which an admissions representative reports or from which an admissions representative solicits or procures student enrollments. Remote laboratory—A detached facility for teaching practical application of theoretical instruction, such as a firing range for a security or private investigator program or kitchen facilities for a food service program. Reportable event—A circumstance or occurrence as defined in § 73.201 (relating to reportable events) which takes place at a school or which pertains to the school, within the knowledge of the school’s owner, director or chief executive officer. Resident—A student who is regularly scheduled to be present at a school facility for the purposes of instruction, including attendance at approved externships, internships or field experience. Review and recommendation panel—Three Board members, one of whom shall be a public member as defined by section 3(a) of the act, whose role is to perform or direct Board staff in the performance of the prosecutorial functions involved in an enforcement action against a school. School—A private licensed school or registered school as defined in the act. An entity requiring a license or registration under the act. The term includes an instructional facility requiring a license when the facility has a different ownership of more than 25% or has a different director or is a separate and distinct legal entity from a licensee. Secretary—The Secretary of the Department. Seminar—Training or instruction that is one of the following:

(i) Noncumulative short-term training of no more than 15 hours duration, not scheduled in a regular calendar format and offered as an introduction or orientation to an occupation.

(ii) Instruction for an occupation offered at a total contract price, of less than $300, which includes all costs charged to students, including tuition, fees, books and supplies, provided that the total contract price for all courses to any enrolled student is less than $300 in any one calendar year. Student—A person enrolled in a school for the purpose of instruction. Teachout—The continuation of instruction to complete the program or course, whenever the school’s license has been suspended or revoked or a school has advised the Board that it intends to discontinue operations. Telecommunications—Nonresident, systematic instruction by electronic or electromagnetic means. Unearned tuition—The portion of tuition charges billed to students of a school but not yet earned by the school. These amounts represent future educational services to be rendered to presently enrolled students.

The provisions of this § 73.1 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1844; amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial pages (287682) to (287685).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.11 Organization of State Board of Private Licensed Schools.

(a) At the first official meeting of a calendar year, Board members shall elect a member, in accordance with the act, to serve as chairperson and a second member to serve as vice-chairperson. The chairperson shall preside over meetings of the Board and, in the absence of the chairperson, the vice-chairperson shall preside.

(b) If either the chairperson or vice-chairperson of the Board resigns or is otherwise unable to serve, a replacement shall be elected at the next official Board meeting.

(c) If neither the chairperson nor the vice-chairperson is available for a meeting, the Board shall elect a member as temporary chairperson.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.21 Contents of student records.

Student records must contain a transcript of academic performance, which includes student name, identifying number, program or course attended, grades for all subjects taken, date of entrance, date of graduation or withdrawal and the award received upon completion.

The provisions of this § 73.21 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial page (287685).

This section cited in 22 Pa. Code § 73.25 (relating to content of disposition statement).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.22a Annual consolidation of student transcripts.

Annually, a school shall consolidate copies of all transcripts of academic performance for all students who have graduated, terminated or withdrawn during the previous calendar year. These transcripts of academic performance, for each year, shall be stored separately in a hard copy file or printable electronic record.

The provisions of this § 73.22a adopted April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.23 Retention of transcript of academic performance.

A school shall provide for a method of maintenance of and access to the transcript of academic performance for 50 years after graduation, termination or withdrawal.

The provisions of this § 73.23 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial page (287686).

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); and 22 Pa. Code § 73.191 (relating to revocation procedure).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.24 Disposition of student records statement.

A school shall provide the Board with a written statement setting forth arrangements for disposition of student records in the event of closure.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); and 22 Pa. Code § 73.191 (relating to revocation procedure).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.25 Content of disposition statement.

(a) The statement must include the name and address of the depository, agreement of the depository and terms of the agreement.

(b) Proper disposition of student records shall be subject to approval of the Board and shall include a means of access by the student for copies of records as defined in § 73.21 (relating to contents of school records).

The provisions of this § 73.25 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial page (287686).

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); and 22 Pa. Code § 73.191 (relating to revocation procedure).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.26 Recommended depositories.

Unless the Board otherwise requires, the following recommended depositories for student records, in order of preference, are:

(1) An existing private licensed school within the same geographic area.

(2) A qualified professional records depository.

(3) An existing private licensed school outside the geographic area.

(4) Other depositories which are approved by the Board.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.31 General.

A school which is not required to obtain a license may apply for a license and, upon approval and issuance of the license, shall be subject to the act and this chapter. The school may voluntarily surrender its license and revert to its unlicensed status.

This section cited in 22 Pa. Code § 73.42 (relating to exemptions from licensure).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.32 Agreement of continued compliance upon lapse of license.

(a) A school applying for an optional license under this section shall enter into a written agreement on a form to be provided by the Board to assure continued compliance with the act with respect to unresolved complaints or violations that occur during licensure and have yet to be resolved to the Board’s satisfaction, upon voluntary surrender of the license.

(b) An unresolved violation or complaint under the act or this chapter occurring during licensure shall be pursued by the Board to a conclusion, satisfactory to the Board, even though lapse of license shall have occurred prior to satisfaction. Remedies set forth in the act or this chapter apply.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.41 Private licensed schools and admissions representatives.

Schools and admissions representatives shall be licensed or registered under the act and this chapter. A school that trains or educates individuals so that they may pursue an occupation or career which is listed in the Dictionary of Occupational Titles (1991 edition) as amended or supplemented, unless specifically exempt from licensure under § 73.42 (relating to exemptions from licensure), shall obtain a license under the act and this chapter before operating, advertising or enrolling students. Individual classes or short courses offered by an entity which are ancillary to the sale, lease or use of a product and that provide training in the use of the product, as opposed to training to pursue an occupation or career, are not subject to licensure.

The provisions of this § 73.41 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial page (133105).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.42 Exemptions from licensure.

The following schools and their admissions representatives are exempt from licensure, except that they may elect to obtain an optional license under § 73.31 (relating to general):

(1) A private academic school, which falls under the Private Academic Schools Act (24 P. S. § § 6701—6721) and this part.

(2) A school or class providing training for the vocation of homemaking. Schools or classes which fall into this category are those where the training is specifically designed and advertised as being for home use, as opposed to commercial or business use, and where students are instructed in areas such as cooking, nutrition, child care, consumerism and home decorating.

(3) A school or class providing training in public service or other service occupations. Persons engaged in public service occupations are limited to ambulance personnel, emergency medical technicians, firefighters, police, school bus drivers and school crossing guards. Persons engaged in other service occupations are limited to maids, butlers and chauffeurs.

(4) A barber school or a school of cosmetology.

(5) A school that provides training or instruction in flying and which is being regulated by the Federal Aviation Administration.

(6) A private tutorial school that provides individual instruction, including schools in music or dance or individual instruction by a private tutor in other areas.

(7) A school authorized to award degrees under 24 Pa.C.S. § 6505 (relating to power to confer degrees), other than those schools approved to award specialized associate degrees under § § 42.11—42.14 (relating to specialized associate degree programs approval procedure).

(8) In-house programs of education or training, such as those provided free of charge by employers or trade unions to their employes or members.

(9) A school owned and operated by a bona fide religious institution for the sole purpose of giving religious instruction.

(10) A school operated by the Commonwealth or a political subdivision thereof, such as the Department of Education’s Stevens State School of Technology, community colleges or area vocational technical schools.

(11) A school which is operated by a hospital licensed under the Health Care Facilities Act (35 P. S. § § 448.101—448.904) and which is accredited by a regional or National accreditation agency.

The provisions of this § 73.42 adopted September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334.

Private Tutorial School

The Private Licensed School Act (24 P. S. § § 6501—6518) and its defining regulations are not void for vagueness, nor have the constitutional rights of the operator of bartending classes been violated, where there is a regulation defining ‘‘private tutorial school’’ and the operator had a reasonable opportunity to know whether the bartending classes he conducted needed to be licensed. Blanco v. State Board of Private Licensed Schools, 718 A.2d 1283 (Pa. Cmwlth. 1998); appeal denied 737 A.2d 1226 (Pa. 1999).

An operator’s bartending courses do not fall within the ‘‘private tutor’’ exemption from licensing, where he holds his courses for groups of people in hotel conference rooms and is not even familiar with the student’s names. Blanco v. State Board of Private Licensed Schools, 718 A.2d 1283 (Pa. Cmwlth. 1998).

This section cited in 22 Pa. Code § 73.41 (relating to private licensed schools and admissions representatives).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.51 General requirements.

(a) A school may not advertise, solicit students, collect fees or conduct courses or programs unless licensed or registered.

(b) A person, partnership or corporation desiring to operate a private licensed school in this Commonwealth shall attend a new school orientation seminar conducted by Board staff in Harrisburg and shall file an application for licensure or registration with the Board in the manner prescribed by the Board. Orientation seminars will be conducted monthly at the Department.

(c) A person, partnership or corporation operating a school located outside this Commonwealth which employs an admissions representative to enroll students from inside this Commonwealth shall file an application for registration with the Board in the manner and form prescribed by the Board.

(d) Original letters, proof of surety, forms and applications sent to the Board shall become the property of the Board, constitute records of the Board and may be retained by the Board.

(e) A license will not be issued to a franchised school unless the franchise agreement contains a provision that the school may not be terminated by the franchisor until sufficient arrangements have been made to assure approved teachout arrangements. This requirement is in addition to other license requirements described in this section.

The provisions of this § 73.51 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial pages (252761) and (220309).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.52 Contents of application.

An application for an original license or registration shall contain, at a minimum, the following prepared in a manner and form prescribed by the Board:

(1) Draft copies of student information publications in accordance with § § 73.61 and 73.62 (relating to general student information publications; program and course brochures; supplements; and nonresident instruction publications).

(2) The name of the school, ownership or governing body and officials. A copy of a fictitious name registration, articles of incorporation or charter. School names which the applicant wishes to appear on the license or registration shall be submitted, along with a fictitious name registration for each name. The Board may refuse to issue a license, when, in the Board’s judgment, a name chosen by the applicant appears to be misleading to the public regarding the nature or scope of the school.

(3) The schedule of tuition and fees.

(4) The enrollment agreement or an alternative under § 73.122 (relating to contents of enrollment agreement).

(5) The address of the school, certificate of occupancy or equivalent statement, designation of available space, facilities and equipment of the school under § § 73.91 and 73.92 (relating to equipment; and facilities).

(6) Descriptions of proposed courses or programs of instruction prepared under § § 73.81—73.83 (relating to approval of programs). The Board may refuse to approve a program, when, in the Board’s judgment, the name of the program chosen by the applicant appears to be misleading to the public regarding the nature or scope of the program.

(7) The maximum enrollment to be accommodated on equipment available in each program.

(8) A listing of the names of administrative, supervisory and instructional staff and evidence that their qualifications meet the requirements of § § 73.102—73.105.

(9) If a school offers a program where graduates will find employment in a trade or activity whose employees are required by law to be free of contagious, infectious and communicable diseases, the school shall file a statement that students in these programs have provided abona fide health certificate as a prerequisite of enrollment.

(10) A signed statement on reasonable service and business ethics in accordance with § § 73.111 and 73.112 (relating to statement requirement; and statement of reasonable service and business ethics).

(11) A signed statement regarding disposition of student records as set forth in § § 73.23—73.25 (relating to long-term retention of transcript of academic performance; disposition of student records statement; and content of disposition statement).

(12) A financial report under § 73.53 (relating to financial resources).

(13) Evidence of surety under § 73.54 (relating to surety).

(14) The appropriate fee as stipulated in § 73.151 (relating to fees).

The provisions of this § 73.52 adopted January 29, 1988, effective January 30, 1988, 18 Pa.B. 5574; amended December 16, 1988, effective January 1, 1989, 18 Pa.B. 5574; amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial pages (220309) to (220310).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.53 Financial resources.

The financial resources of the school shall be adequate to fulfill its obligations to its students. An applicant for school license or registration shall provide the Board with a detailed financial report. The financial report shall be filed on a form provided by the Board or in a manner acceptable to the Board. The Board may also request additional financial information to determine the financial stability of the school. Financial information provided to the Board will be confidential. The Board reserves the right to require, on 30 days’ notice, interim financial statements.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.54 Surety.

(a) Forms of surety. A school applying for a license or registration or for renewal shall include with its application evidence of surety, the purpose of which is to reimburse the unearned tuition due students whenever the licensed or registered school closes. Schools may select one of the following forms of surety or a combination thereof, in sufficient amount to meet the requirements of subsection (b):

(1) Surety bond.

(2) Participation in a Board-approved private surety fund.

(b) Levels of surety. Regardless of the form of surety selected by the school, surety shall be demonstrated to exist at the following levels:

(1) For a prospective licensee applying for an original license, the required minimum surety level is $10,000.

(2) For a licensee applying for a renewal license, the required minimum surety level is $10,000 for licensees with gross tuition collected during the previous fiscal year of $500,000 or less. For licensees with gross tuition collected during the previous fiscal year in excess of $500,000, the minimum surety level is $10,000 for each $500,000 or portion thereof of gross tuition collected during the previous fiscal year.

(3) For a licensee applying for a renewal license, the maximum surety level is $100,000.

(4) For a registered school, the minimum surety level is $10,000, with subsequent surety levels to be based on tuition generated by residents of this Commonwealth. The maximum required amount is $100,000.

(c) Approval. The form and level of surety established by a school are subject to the approval of the Board. Board approval constitutes a condition precedent to the granting or renewal of a license or registration.

(d) Alteration by school. A school may apply to the Board for alteration of its approved form or level of surety. An application for alteration of surety will be approved by the Board prior to its taking effect.

(e) Alteration by Board. The Board may direct that a school alter its approved form or level of surety with cause. A school which fails, within 30 days, to comply with a directive of the Board may be subject to suspension or revocation of its license or registration.

(f) Schools are required to maintain surety at the levels under subsection (b) throughout the period of licensure.

The provisions of this § 73.54 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial pages (220310) to (220311).

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); and 22 Pa. Code § 73.143 (relating to license or registration not transferable).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.55 Site visits.

Before a school can be issued an original school license, a visit to the proposed school site will be made by members of the staff. Following the issuance of the original license, members of the staff may make return visits to the school within a relicensure period. These visits may be made without prior notice to the school. The purpose of both the initial and follow-up visits will be to verify the information contained in the application for licensure or relicensure and to insure continued compliance with the act and this chapter.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.56 Certificates, diplomas and degrees.

A school may award a certificate or diploma or, when authorized by the Secretary, an Associate in Specialized Business or Technology degree.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.61 General student information publications; program and course brochures; supplements.

(a) Except as provided in § 73.62 (relating to nonresident instruction publications), a school shall have at least one student information publication which shall contain at least the following:

(1) The name and address of the school.

(2) The date of publication—may not exceed 3 years from the date of submission.

(3) Admission requirements and procedures.

(4) The educational objectives of the program, including the name, occupation and level for which training is provided.

(5) The number of clock hours or credit hours, where applicable, of instruction in each course.

(6) The courses offered, specifying sufficiently the subjects included to identify the coverage of the program.

(7) A general description of the school’s physical facilities.

(8) Policies relating to tardiness, absences, makeup work, conduct, termination and other rules of the school or reference to the policies in another school publication which contains the information.

(9) The grading system.

(10) Requirements for graduation.

(11) A statement which clearly defines whether a certificate, diploma or degree is awarded upon graduation.

(12) A statement of tuition and other student charges related to the enrollment, or reference to the statement in another school publication which contains the information.

(13) A statement of the cancellation and refund policy of the school.

(14) A description of placement assistance, if available, to students and graduates.

(15) A description of available student services, if provided.

(16) A school calendar, including holidays and either beginning and ending dates of courses and programs or a statement regarding the frequency of class starting policy or reference to the calendar in another student publication which contains the information.

(b) Program or course brochures and supplemental publications which describe one or more programs may be used by a school if each publication contains a reference to the general student information publication and copies of that general student information publication are made available to the student along with the brochure or supplemental publication.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); and 22 Pa. Code § 72.63 (relating to current publications).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.62 Nonresident instruction publications.

A school offering nonresident instruction, if it does not provide a general student information publication, shall circulate student information publications, each of which shall describe not more than one program or course and shall contain at least the following:

(1) The name and address of the school.

(2) The date of publication—may not exceed 3 years from the date of submission.

(3) Admission requirements and procedures.

(4) The educational objectives of the program, including the name, occupation and level for which training is provided.

(5) The length of time in weeks or months normally required for completion or the number of lessons contained in the program or course.

(6) The courses offered, specifying sufficiently the subjects included to identify the coverage of the program.

(7) The grading system.

(8) Requirements for graduation.

(9) A statement which clearly defines whether a certificate, diploma or degree is awarded upon graduation.

(10) A statement of tuition and other student charges related to the enrollment, or reference to the statement in another school publication which contains the information.

(11) A statement of the cancellation and refund policy of the school.

(12) A description of placement assistance, if available, to students and graduates.

(13) A description of available student services, if provided.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); 22 Pa. Code § 73.61 (relating to general student information publications; program and course brochures; supplements); and 22 Pa. Code § 72.63 (relating to current publications).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.63 Current publications.

Student information publications in use by licensed or registered schools on January 30, 1988 may continue to be used until January 30, 1989, notwithstanding that the publication does not conform to § § 73.61 and 73.62 (relating to general student information publications; program and course brochures; supplements and nonresident instruction publications). Revised publications to conform with § § 73.61 and 73.62 shall be drafted, accepted by the Board and in use by the school no later than January 31, 1989.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.71 License required.

A person may not solicit or procure through an enrollment agreement off the premises of the school, a prospective student within this Commonwealth to enroll in a licensed or registered school unless the person has been licensed as an admissions representative of the school.

The provisions of this § 73.71 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial page (220314).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.72 Application requirements.

An individual applying for an admissions representative’s license shall be at least 18 years of age and shall apply on the form prescribed by the Board. The application shall include the following:

(1) Name. If another name has been used in the last 10 years, the name shall be reported.

(2) Social Security number.

(3) Residence addresses for the last 4 years. The address shall include the county, state, road, street, drive or other specific location description including house number. A post office box number alone is not sufficient.

(4) School sales office address.

(5) A statement that the individual has been furnished with a copy of the act and this chapter and that the individual has read these documents.

(6) Certification by the Chief Executive Officer or Director of the school indicating that the school wishes to employ the individual as an admissions representative and assuring that the school will be responsible for actions of that individual when acting in the capacity of an admissions representative for that school.

(7) The appropriate fee as stipulated in § 73.151 (relating to fees).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.73 Change in status of admissions representative.

The following changes in the status of an admissions representative shall be reported to the Board:

(1) A change of home address of an admissions representative shall be reported within 14-calendar days.

(2) The termination or resignation of an admissions representative shall be reported within 14-calendar days. The representative shall surrender his license to the school and the school shall forward the license to the Board along with the report.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.74 Duration of license.

The duration of the original license shall be for 1 year, shall be renewed annually and shall be effective from the date of issue until the first day of the month of the original issue the following year.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.75 Limitation on solicitation.

A licensed admissions representative shall obtain a separate license for each school represented.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.81 Application requirements.

A school seeking original licensure or registration shall submit programs to the Board for approval in the manner and form established by the Board. This section applies to licensed or registered schools wishing to offer new programs.

(1) Minimum requirements for program approval include the following:

(i) Courses of study shall conform to the standards and training practices of the occupational fields for which students are being prepared.

(ii) Each program—curriculum—shall be outlined in detail showing the courses, major subjects, hours/lessons (in clock hours, credit hours or quarter credit hours) devoted to each subject and the award at completion of the program. The school shall provide a list of instructional equipment.

(iii) Entrance requirements and occupational objectives of each program.

(iv) A method of recording, evaluating and reporting to every student his academic progress. These reports shall be individualized. Schools shall provide prompt, accurate and educationally beneficial correction of tests, lessons and other assignments.

(v) Prerequisite requirements for individual courses.

(vi) Course content shall include instruction in hygiene and safety, where applicable, in the field for which training is offered.

(vii) Programs may be offered at a branch facility or remote training facility only if the facility is approved.

(viii) Instructional materials used shall be current, accurate, comprehensive and at a reading level adapted to the ability of the average student enrollee.

(2) Programs shall be approved by the Board before they can be advertised or offered.

(i) Schools proposing to offer nonresident programs shall submit detailed outlines of the programs and a detailed list of instructional materials plus the lessons in typed draft form. Schools shall make individual arrangements with the staff within a month of approval if they require these materials to be returned.

(ii) Schools offering resident programs shall submit detailed outlines of the programs, complete descriptions of each course which include prerequisites, course objectives, a summary of content and a detailed equipment list.

(iii) Schools shall submit documentation that qualified instructors as defined in § 73.104 (relating to instructor) are assigned to teach each course.

(iv) If the name that is proposed for the program may be misleading in regard to the program’s nature and scope, the Board may refuse to approve the program.

The provisions of this § 73.81 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial pages (220315) to (220316).

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.82 Changes in approved programs.

(a) The Board shall be notified in advance of a change in overall length or objectives of an approved program or course.

(b) No school may cancel a program or course without prior notice to the Board and students affected.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.83 Internships or externships.

If the program submitted for approval incorporates successful completion of an internship or externship as a prerequisite to graduation, the following supplemental material shall be submitted:

(1) Criteria used by the school to screen and select potential internship or externship sites.

(2) A description of supervision to be provided by the school.

(3) Submission of an instrument to be used to evaluate student progress while on internship or externship.

(4) A description of internship or externship site responsibilities.

(5) A sample written agreement that shall be executed by the school and each internship or externship placement agreeing to participate in the program.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.91 Equipment.

(a) The equipment shall be suitable to meet the training objectives of the course or program and shall be adequate in quantity and variety to provide the training specified in the course or program content.

(b) Schools which are offering programs of instruction using telecommunications shall provide evidence that adequate equipment and learning materials will be available and in sufficient quantity to enable students to satisfy the educational objectives of the course or program.

(1) The approximated cost of additional learning materials and equipment and computer access charges shall be separately identified. Schools shall clearly identify other charges which may be incurred through reasonable use of the system, such as telephone service charges.

(2) Schedules of online availability shall be provided students prior to enrollment.

(3) Students shall be made aware that by misuse of telecommunications equipment, the potential exists for copyright infringement or violations of proprietary rights.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.92 Facilities.

The school shall be housed in a facility which provides space adequate to the size of its student body and sufficient to enable it to meet its educational objectives. A school shall obtain and maintain a valid certificate of occupancy and file a copy of the certificate with the Board. Prior to the granting of an original license, the Board may require the premises and facilities of a school to be inspected by a person knowledgeable in the particular field of training.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); and 22 Pa. Code § 73.93 (relating to changes in location).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.93 Changes in location.

(a) Temporary relocation. If an emergency occurs which requires the temporary abandonment of an approved facility, the school shall notify the Board staff within 3 days of the event. If the school elects to resume operations in a temporary facility, the Board staff may grant a tentative approval subject to confirmation by the Board at its next regularly scheduled meeting.

(b) Branch facility. The acquisition of a branch facility shall be reported to the Board staff at least 7 days prior to startup. If a certificate of occupancy has been obtained, a tentative approval may be given by the staff subject to Board confirmation at its next regularly scheduled meeting.

(c) Remote training facility.

(1) If the school’s facilities are inadequate to accommodate a component of its instructional program, a remote training facility may be designated.

(2) A school shall include the address of the remote training facility on the program application.

(3) A written agreement, signed by the required parties, describing the terms of the remote training facility arrangement, shall be submitted.

(d) Expansion of instructional space in an approved facility. The acquisition of additional instructional space in the school’s approved facility shall be reported to the staff at least 7 days prior to startup. If a certificate of occupancy has been obtained, a tentative approval may be given by the Board staff subject to confirmation by the Board at its next regularly scheduled meeting.

(e) Change of location. A school wishing to change its location shall inform the Board staff at least 30 days in advance of the anticipated relocation date and shall meet the requirements of § 73.92 (relating to facilities). When the requirements have been met, the Board staff may give a tentative approval subject to confirmation by the Board at its next regularly scheduled meeting.

(f) Visit. A visit to the branch facility, temporary facility, remote training facility, expanded instructional space or new facility shall be made by Board staff before approval may be granted.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.94 Discontinuation of facility.

The Board shall be notified 30 days in advance of the proposed discontinuation of use of an approved facility.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.95 Closure of school.

(a) The Board shall be notified 30 days in advance if a school intends to close.

(b) License or registration will automatically terminate if a school closes.

(c) Reopening of a school which has closed shall be subject to the provisions of this chapter relating to license application. The application shall be considered an application for an original license.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.101 General requirements.

A school shall submit to the Board, the name and qualifications of the Chief Executive Officer, Director, Acting Director, educational supervisors and instructional staff as a condition for original licensure or registration. A school shall inform the Board of changes in administrative, supervisory or instructional staff within 30 calendar days of the change. This notification shall be in the manner and form prescribed by the Board.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.102 Director and Acting Director.

A school shall designate a Director and at least one Acting Director. Either the Director or an Acting Director shall be present in the school during all hours of operation. The Director and Acting Director shall have a high school diploma or equivalent and shall have at least two of the following qualifications:

(1) An earned degree.

(2) At least 2 years of related work experience in a specific field for which training is offered at the school.

(3) At least 1 year of actual administrative or supervisory experience.

(4) At least 2 years of applied work experience in training or education.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.103 Educational supervisor.

If a school designates an educational supervisor, the following apply:

(1) Duties.

(i) Responsibility for a group of instructors in a particular field or area of specialization.

(ii) Responsibilities may include, but are not limited to, instructional assistance, recordkeeping and curriculum.

(2) Qualifications. An educational supervisor shall meet the qualifications for an instructor under § 73.104 (relating to instructor) and have at least one of the following:

(i) Two years of teaching experience.

(ii) Experience equivalent to 1 year’s employment as a supervisor.

(iii) A relevant post-baccalaureate degree.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.104 Instructor.

(a) Duties. The primary duties of an instructor involve teaching, advising students and maintaining accurate academic records.

(b) Qualifications. An instructor shall have one of the following:

(1) A baccalaureate degree with a major in the specific field of instruction.

(2) At least 2 years’ work experience in the specific field of instruction which is acceptable to the Director.

(3) Two years’ teaching experience in the specific field of instruction.

(4) A journeyman’s license relevant to the specific field of instruction.

(5) Demonstrated competency in the specific field for which training is offered.

(6) Vocational education certification in the specific field of instruction.

The provisions of this § 73.104 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial page (220319).

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); 22 Pa. Code § 73.81 (relating to application requirements); 22 Pa. Code § 73.103 (relating to educational supervisor); and 22 Pa. Code § 73.105 (relating to assistant instructor).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.105 Assistant instructor.

A graduate of the school who does not meet the requirements of § 73.104 (relating to instructor) may, upon approval by the Director, be employed as an assistant instructor to teach the program or course from which he graduated. An assistant instructor shall be under the supervision of an instructor and shall hold assistant instructor status until the qualifications for instructor status are met.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.106 Laboratory and shop aide.

A student, approved by the Director, may be employed as a laboratory/shop aide. This person shall have satisfactorily completed all of the courses in which assistance is offered.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.111 Statement requirement.

An applicant, licensee or registrant shall be required to certify compliance with the Board’s statement on reasonable service and business ethics. One of the following shall certify compliance on behalf of the school:

(1) Owner.

(2) Partner.

(3) Chief Executive Officer.

(4) Director.

This section cited in 22 Pa. Code § 73.52 (relating to contents of application).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.112 Statement of reasonable service and business ethics.

A school shall sign and submit the following statement: ‘‘Recognizing that a strong private school system is an important part of the educational continuum and that a unique relationship is established between student and school, I/we agree to the following: In addition to my/our compliance in all respects with the provisions of Act 174, Private Licensed Schools Act and the regulations of the State Board of Private Licensed Schools, I/we will: Develop and present an educational program which affords students the opportunity to develop program competencies. Provide a place of instruction, equipment adequate to the number of students enrolled and other facilities which will support the educational objectives of the school. Maintain school facility in compliance with all applicable health and safety regulations. Recruit and support a faculty and staff which is committed to student develop- ment and learning and supply this faculty and staff with the resources necessary to satisfy student learning objectives. Honestly promote the school and its programs by ensuring that all student publications, advertising and printed materials contain full and accurate information and that all admissions representatives are completely trained and familiar with the school and its programs. Monitor the activities of admissions representatives on a regular basis. Adhere to all legal requirements concerning the student’s education. Ensure the delivery of the educational program contracted for as long as students fulfill their contracted obligations to the school. Cooperate with the State Board of Private Licensed Schools and the Pennsylvania Department of Education to promote and advance the quality of education offered by all schools. ‘‘I/We

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.121 General requirement.

A school shall use a written agreement, which shall be the binding contract between the school and the student. In lieu thereof, the school may use an application signed by the student, ensure that the student is provided with student information publications describing the subject matter of the contracted for instruction and a letter of acceptance by the school.

(1) A copy of the enrollment agreement or its alternative as set forth in this section shall be included with the school’s application for original and renewal licensure or registration.

(2) Two separate enrollment agreements or an alternative as set forth in this section shall be used for a nonresident program which includes voluntary resident training. Each of these agreements shall make reference to the other.

This section cited in 22 Pa. Code § 73.132 (relating to application or registration fee).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.122 Contents of enrollment agreement.

The enrollment agreement or its alternative shall include, but not be limited to, the following:

(1) The school name and address. The name and address of the school the student will be attending.

(2) The student’s name.

(3) The title of the program. The program title as approved by the Board and identified in the school’s student information publication.

(4) The time required. The number of clock hours or credit hours, if applicable, and the number of weeks or months required to complete the course or program.

(5) Certificate, diploma or degree. The type of award the student will receive upon successful completion of the program.

(6) Costs. The costs for the following when applicable:

(i) Tuition. Total tuition for the program. For programs which include nonresident and resident training, the tuition for the nonresident training, the tuition for the resident training and the total tuition for the complete combined program shall be stated.

(ii) Books and supplies. Estimated costs for books and supplies. If the costs for books and supplies are included in the tuition, this shall be clearly explained.

(iii) Interest or finance charges, or both. If interest or finance charges, or both, will be charged, the total amount of these charges shall be listed in accordance with Federal truth-in-lending and State retail installment requirements.

(iv) Room and board. If the school provides room or board, or both, for students, the enrollment agreement shall specify that a separate agreement shall be entered into for that purpose.

(v) Other costs. Other costs and charges, such as application fee, student activity fee or laboratory fees, shall be listed.

(7) The terms of payment. The method and terms of payment of costs shall be clearly stated and shall comply with Federal truth-in-lending and State retail installment requirements.

(8) The starting date. The starting date of the scheduled program or course for resident programs only.

(9) Cancellation or termination. Reference to the policies and procedures for termination or cancellation by the school or by the student contained in the school’s student information publication.

(10) Refund policy. Details of the school’s refund policy for cancellation or termination of an enrollment agreement.

(11) Employment assistance. An employment guarantee disclaimer if employment assistance is provided. This disclaimer shall be printed in boldface type, in at least 10-point type.

(12) Complaint procedure. A statement informing students that:

(i) There is an individual at the school to whom questions or concerns may be directed regarding the school’s satisfying the terms of the enrollment agreement. This individual shall be identified by title.

(ii) The school is licensed or registered—as applicable—by the Board. Questions or concerns that are not satisfactorily resolved by the person designated above or by other school officials may be brought to the attention of the State Board of Private Licensed Schools, Pennsylvania Department of Education, 333 Market Street, Harrisburg, Pennsylvania 17126-0333.

(13) Receipt of the school’s student information publication. A statement verifying that the student has received and read the school’s current student information publication.

(14) The effective date. The agreement shall state that it is not binding until it is accepted by a representative of the school, or, if appropriate, in the headquarters of the school group.

(15) Acknowledgements. The agreement shall contain an acknowledgement that signers have received and read a copy of the enrollment agreement.

(16) Signatures and date. An enrollment agreement shall be dated and signed by the applicant, and, if a minor, the applicant’s parent or guardian and by a representative of the school. A copy of the enrollment agreement shall be retained by the school and a fully signed copy shall be given to the student or parent or guardian.

(17) Pagination. If the enrollment agreement is longer than one side of a single sheet of paper, each side shall clearly refer to the conditions on the other side as being part of the agreement. If more than one page is used, each page shall be numbered: page 1 of

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.131 Schedule of tuition and fees.

A school shall include a schedule of its tuition, fees and other costs under the school’s control in its application for original and renewal license or registration.

(1) Changes in tuition, fees and other costs under the school’s control shall be reported to the Board before they become effective.

(2) Changes in tuition, fees and costs under the school’s control may not become effective for currently enrolled students unless students are notified of the change at least 60 calendar days prior to the effective date of the change.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.132 Application or registration fee.

A school may charge an application or a registration fee which may not exceed 15% of the amount of tuition or $150, whichever is less. The application or registration fee is fully refundable if the student requests cancellation within 5 calendar days after signing the enrollment agreement or, if the alternative set forth in § 73.121 (relating to general requirement) is used, 5 calendar days after submitting the application, if no classes have been attended, lessons completed or materials used. A request for cancellation which is not made in writing shall be confirmed in writing by the student within an additional period of 5 calendar days. The school may retain all of the fee after 5 calendar days or after 10 calendar days absent written confirmation, where required.

This section cited in 22 Pa. Code § 73.134 (relating to refund and withdrawal policies).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.133 Refund in the event of rejection.

An applicant rejected by the school is entitled to a refund of monies paid.

This section cited in 22 Pa. Code § 73.134 (relating to refund and withdrawal policies).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.134 Refund and withdrawal policies.

(a) Refund and withdrawal policy—resident programs of 6 weeks or longer duration.

(1) For a student cancelling after the fifth calendar day following the date of enrollment as defined in § 73.132 (relating to application or registration fee) but prior to the beginning of classes, monies paid to the school shall be refunded except the nonrefundable amount of the application or registration fee as calculated in § 73.132.

(2) If a student enrolls and withdraws or discontinues after the term, semester or quarter has begun but prior to completion of the term, semester or quarter, the following minimum refunds apply:

(i) For a student withdrawing from or discontinuing the program during the first 7 calendar days of the term, semester or quarter, the tuition charges refunded by the school shall be at least 75% of the tuition for the term, semester or quarter.

(ii) For a student withdrawing from or discontinuing the program after the first 7 calendar days, but within the first 25% of the term, semester or quarter, the tuition charges refunded by the school shall be at least 55% of the tuition for the term, semester or quarter.

(iii) For a student withdrawing or discontinuing after 25% but within 50% of the term, semester or quarter, the tuition charges refunded by the school shall be at least 30% of the tuition.

(iv) For a student withdrawing from or discontinuing the program after 50% of the term, semester or quarter, the student is entitled to no refund.

(v) For refund computations, a term, semester or quarter may not exceed 18 weeks.

(b) Refund and withdrawal policy—resident programs of less than 6 weeks duration. For programs of less than 6 weeks’ duration, a formula for tuition refunds shall be based on the total clock hours of the program using the following percentages:

(1) For a student completing up to and including 10% of the total clock hours, the school shall refund 90% of the total cost of the program.

(2) For a student withdrawing from or discontinuing the program within the first 25% of the program, the tuition charges refunded by the school shall be at least 55% of the total cost of the program.

(3) For a student withdrawing or discontinuing after 25% but within 50% of the program, the tuition charges refunded by the school shall be at least 30% of the total cost of the program.

(4) For a student withdrawing or discontinuing after 50% of the program, the student is entitled to no refund.

(c) Refund and withdrawal policy—nonresident programs.

(1) For a student cancelling after the 5th calendar day following the date of enrollment as defined in § 73.132 but prior to receipt by the school of the first completed home study lesson, monies paid to the school shall be refunded except the nonrefundable amount of the application/registration fee as calculated in § 73.132.

(2) If a student enrolls and withdraws or is discontinued after submission of the first completed lesson, but prior to completion of the program, minimum refunds shall be calculated as follows:

(i) Up to and including completion of the first 10% of the program, the school shall refund 90% of the total tuition.

(ii) Beyond completion of 10% of the program and up to and including completion of 25% of the program, the school shall refund 75% of the total tuition.

(iii) Beyond completion of 25% of the program and up to and including completion of 50% of the program, the school shall refund 50% of the total tuition.

(iv) Beyond completion of 50% of the program, a student is entitled to no refund.

(3) The percentage of the program completed shall be determined by comparing the number of completed lessons received for services by the school to the total number of lessons in the program.

(d) Refund and withdrawal policy—combined nonresident and resident program. For cancellation and settlement of the student’s account with a school offering combined nonresident training and voluntary resident training, this section and § § 73.132 and 73.133 (relating to application or registration fee; and refund in the event of rejection) apply.

(1) For a program which includes voluntary resident training, the tuition for the nonresident training and the tuition for the resident training shall be separately stated on each enrollment agreement. The total of the two is the total program price and shall appear in both agreements.

(2) Refund policies for both nonresident and resident training in a combination program shall be separately stated in the school’s student information publication and on the enrollment agreements.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.135 Termination date.

The termination date for refund computation purposes is the last date of recorded attendance of the resident student or the date the nonresident student requests cancellation.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.136 Period of refund.

Refunds shall be made within 30-calender days of the date the student fails to enter, leaves the program or fails to return from a leave of absence.

The provisions of this § 73.136 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial page (220326).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.137 Permitted alternatives.

(a) A school may establish its own refund policy or adopt the refund policy of a national accrediting agency if the terms of the policy are more advantageous to the student than the terms of the policies described in this chapter.

(b) If the number of lessons or weeks in a program is such that adherence to this refund policy is unworkable or would yield results inconsistent with the refund policies in this chapter, a school shall petition the Board to approve an alternative policy which shall be approved prior to implementation and shall follow the intent of the policies outlined in this chapter as closely as possible.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.138 Scholarship.

A school may not grant a scholarship without prior approval of the Board.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.141 Issuance.

The Department will issue an original school license or registration to a school approved by the Board as meeting the requirements of the act and this chapter. The Board may refuse to issue a license when the Board determines that the applicant’s school name appears to be misleading to the public concerning the nature or scope of the school.

The provisions of this § 73.141 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial page (287687).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.142 Duration and renewal.

An original school license is effective from the date it is issued until the first day of the month it was issued in the following year. Thereafter, the license shall be renewed biennially on a form prepared and furnished by the Board.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.143 License or registration not transferable.

A school will be issued a separate license or registration, which is not transferable.

(1) If a change of ownership occurs, but the faculty, student body, programs and location of the school remain essentially the same, the license or registration will remain in force. This does not constitute a transfer of license or registration.

(2) Within 14 calendar days after the consummation of the sale, the new owners shall report the following information to the Board:

(i) The name and address of the new owners. For a closed corporation this includes shareholders owning 5% or more of the outstanding stock whether or not the ownership is real or beneficial. For a publicly traded corporation, this includes the three primary corporate officers. For a partnership or proprietorship this includes the owners.

(ii) A statement of financial responsibility required by the act and this chapter.

(iii) A statement assuring completion of contracts with existing students.

(iv) Evidence of surety under § 73.54 (relating to surety).

(v) Evidence that a bona fide sales transaction has taken place.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.151 Fees.

(a) License fees. The fees for school and admissions representative licenses shall accompany both original and renewal license and registration applications. The fee schedule is:

(1) For an original school license or registration—$7,500. The fee for an original school license or registration includes the user fee for the application for approval of one new program. Each additional new program application submitted with a new license application shall be accompanied by an additional new program approval fee as set forth in subsection (b)(1).

(2) For an original school license or registration of a school that only presents seminars—$2,000.

(3) For a renewal school license or registration—biennial fee based on gross tuition revenue:

(4) For an admission representative license—$600 annually.

(b) User fees. Fees will also be assessed for other services provided by the Board, which services are in addition to the processing and issuance of original or renewal school licenses or registration and admissions representative licenses. These user fees are as follows:

(1) A $1,400 fee shall accompany each application for approval of a new program.

(2) A $5,000 fee shall accompany notification to the Board of a change in ownership of the school.

(3) A $300 fee per participant will be charged for participation in new school orientation seminars.

(4) A $750 fee will be charged for each site inspection of the following types: new school, change in location, expansion of instructional space, temporary relocation, branch facility and remote training facility. This fee shall be paid before commencement of the visit.

(5) The fee for a Board-directed visit is $750 per day if the visit is conducted by staff; $1,000 per day plus team member expenses for a visit conducted by a team with nonstaff members. The fee for a Board-directed visit shall be paid before commencement of the visit.

The provisions of this § 73.151 adopted January 29, 1988, effective January 30, 1988, 18 Pa.B. 456; amended December 16, 1988, effective January 1, 1989, 18 Pa.B. 5574; amended October 4, 1991, effective October 5, 1991, 21 Pa.B. 4637; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1844; amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982; amended November 18, 2016, effective November 19, 2016, 46 Pa.B. 7270. Immediately preceding text appears at serial pages (310389) to (310390).

This section cited in 22 Pa. Code § 73.52 (relating to contents of application); and 22 Pa. Code § 73.72 (relating to application requirements).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.152 Multibranch training school license fee.

A multibranch training school is required to pay only one fee for all of its branch facilities as defined in the act and this chapter.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.153 Fees nonrefundable.

The license or registration fee submitted with an application is not refundable if the license or registration is denied. No portion of the fee will be refunded upon suspension or revocation of a license or registration. The Board may refund the license or registration fee if the Board determines that an applicant, not applying for optional licensure or registration, is not required to be licensed or registered. The user fees paid for Board services are also nonrefundable, except that a person who fails to attend a new school orientation seminar for which the person has paid may attend a subsequent seminar.

The provisions of this § 75.153 adopted January 29, 1988, effective January 30, 1988, 18 Pa.B. 456; amended December 16, 1988, effective January 1, 1989, 18 Pa.B. 5574. Immediately preceding text appears at serial page (124008).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.161 Annual directory.

An annual directory of schools will be prepared by the Board staff. At a minimum, this directory will include the school name, address, telephone number, name of the Director and a list of the approved programs. The directory will be available to the general public upon request.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.171 Inspection and disclosure.

No school may be granted a license or permitted to continue to operate under a granted license unless it permits the Board staff to inspect the school and makes available to the Board, at any time when requested to do so, information pertaining to the operation of the school.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.172 Display of license.

A school is required to display its current license on the school’s premises in a place where it is conspicuously available for inspection.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.173 Advertisements and representations.

(a) The advertising and representations made by a person representing the school may neither misrepresent facts relating to the school nor mislead prospective students or the general public.

(b) A school may not use a name, other than the name appearing on its license or registration, for advertising or publicity purposes. A school may not advertise or imply that it is supervised, recommended, endorsed, accredited or approved by the Department or the Board.

(c) A statement on licensure or registration shall read, ‘‘Licensed (Registered) by the Pennsylvania State Board of Private Licensed Schools.’’

(d) A school may not claim or imply that it is endorsed by colleges, universities or other institutions of higher learning.

(e) A school may not claim or imply that it will guarantee one of the following upon completion of its course or program:

(1) Admission to an educational institution.

(2) Employment.

(3) A specific wage.

(f) A school may not solicit prospective students to enroll in the school by means of blind advertisements or advertisements in the help wanted or other employment columns of newspapers and other publications.

(g) A school may not use the words ‘‘college’’ or ‘‘university’’ in the school name or in another manner.

(h) A school is prohibited from bait and switch advertising or solicitation.

(i) The words ‘‘engineer’’ or ‘‘engineering’’ may not be used in a name or title that might lead to the assumption that a school prepares engineers or teaches engineering. The words may be used as adjectives, such as engineering drafting, engineer’s aide or engineering technology.

(j) A school may not use descriptive phrases in the superlative degree in advertising.

(k) A school may not offer premiums, special endorsements or discounts to prospective students.

(l) A school may not demean another school.

The provisions of this § 73.173 amended April 1, 2005, effective April 2, 2005, 35 Pa.B. 1982. Immediately preceding text appears at serial pages (220329) to (220330).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.181 General rule.

The Board may take action for the enforcement of its policies, rules and regulations.

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.182 Suspension and revocation of license.

The Board may refuse to issue, suspend or revoke a license or registration if it finds that a school or an admissions representative has violated the act or this chapter.

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.183 Violations by licensees.

Violations of the act and of this chapter shall be subject to the enforcement procedures set forth in § § 73.181—73.193.

This section cited in 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.183a Prosecution of violations and other matters.

Prosecution of suspected violations and of actions to refuse, suspend or revoke licenses or registrations will be under the direction and control of the review and recommendation panel. On or before July 1 of each year, the Board chairperson will appoint three Board members to serve on the review and recommendation panel from July 1 through June 30. Members of this panel shall be prohibited from serving on hearing panels under § 73.188 (relating to hearings). In addition, they shall recuse themselves at all times from service on a hearing panel and from Board deliberation and action on any matter that came before the review and recommendation panel during their time of service.

The provisions of this § 73.183a adopted September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334.

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.184 Reporting of potential violation.

(a) A suspected violation of the act or this chapter may be reported to Board staff.

(b) The report will be investigated by the Board staff to determine if the action constitutes a violation of the act or this chapter.

(c) If the violation is verified by Board staff as a complaint, it will be reported to the review and recommendation panel for disposition.

(d) The review and recommendation panel will consider the report of Board staff and other relevant information and give specific instructions to the staff for the resolution of complaints.

(e) A complaint which is not resolved to the satisfaction of the review and recommendation panel may subject the school to enforcement proceedings under § § 73.181—73.193.

The provisions of this § 73.184 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial page (133115).

This section cited in 22 Pa. Code § 73.1 (relating to definitions); and 22 Pa. Code § 73.183 (relating to violations by licensees).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.185 Investigation procedure.

The Board staff will investigate a possible violation of the act or this chapter. The investigation will, at a minimum, include interviewing both the complainant and a representative of the school and collecting relevant documents. Upon completion of the investigation, recommendations will be made to the school. The school’s response to the recommendations will be monitored. If the Board staff determines that a violation has occurred and it has not been satisfied or corrected, staff will prepare a written report of its findings for submission to the review and recommendation panel. After consideration of the report, the review and recommendation panel will direct the staff to take appropriate action resolving the complaint or initiating enforcement proceedings.

The provisions of this § 73.185 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial page (133116).

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.186 Notice of violation.

(a) When the review and recommendation panel directs staff to initiate enforcement proceedings against a school or admissions representative, staff shall prepare and send an appropriate notice of violation. The notice of violation will state that the school may be in violation of the act or this chapter, the nature of the violation, the basis for the panels’ conclusions and that the school or admissions representative may be subject to penalties in this chapter and a penalty for default. The violation shall be cured within the period specified in the notice or within 14-calendar days from the mailing date of the notice when a period is not specified.

(b) The notice will be served upon the school by United States Postal Service certified mail, return receipt requested and is effective from the date of the notice.

(c) Within the cure period, the school or admissions representative shall provide to the Board staff a sworn or verified written statement stating that the violation has been cured or did not exist and the facts which establish the same. Upon receipt of the statement, staff will refer it to the review and recommendation panel. At the direction of the panel, Board staff will either notify the school in writing that the statement is accepted and that the complaint is closed or that the statement is rejected and that the school should show cause why enforcement action should not be taken. In the latter case, the school or admissions representative has 14-calendar days from the mailing date of the notification to request a hearing. The request shall be in writing and addressed to the Coordinating Secretary of the Board.

The provisions of this § 73.186 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial page (133116).

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.187 Notice of civil penalty.

A school which has received a notice of violation, has not responded or has not responded to the satisfaction of the review and recommendation panel and has not requested a hearing within the time prescribed, is liable to a levy of civil penalty or conviction of a summary offense.

The provisions of this § 73.187 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial page (133117).

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.188 Hearings.

(a) General. A hearing requested before the Board will be conducted under the procedures in 2 Pa.C.S. § § 501—508 (relating to practice and procedure of Commonwealth agencies) and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

(b) Scheduling. Upon receipt of a request for a hearing, the Board will establish a hearing date and provide the requesting party reasonable notice of the date, time and place of the hearing.

(c) Panel. The Board will empanel three of its members to conduct a hearing. The hearing panel will hear the evidence and submit written findings and recommendations to the Board. The hearing panel may not include any member of the review and recommendation panel that reviewed and directed the prosecution of the case.

(d) Briefs and argument. The parties to the hearing may submit briefs to the Board and may request the opportunity to present oral argument before the full Board.

(e) Adjudication. After consideration of the hearing panel’s findings and recommendation, and briefs or oral arguments, the Board will vote on the matter and reduce its decision to writing. The Board members who served on the review and recommendation panel for the matter being considered by the Board shall recuse themselves from the discussion, consideration and voting on the matter. Hearing panel members may participate in the Board’s adjudication of the matter heard by the panel. The Board’s written decision will contain findings of fact, conclusions of law and discussion thereof. The Board’s written decision and an accompanying order describing the disciplinary action taken in connection therewith, will be sent to all parties by United States Postal Service certified mail, return receipt requested, and is effective as of the date of mailing. The written decision of the Board constitutes an adjudication within the meaning of 2 Pa.C.S. § 101 (relating to definitions) and may be appealed under 2 Pa.C.S. § 702 (relating to appeals). If the Board adjudication is not appealed, it will be deemed final.

The provisions of this § 73.188 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial page (133117).

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); 22 Pa. Code § 73.183a (relating to prosecution of violations and other matters); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.189 Guidelines for civil penalties.

(a) The Board may levy civil penalties for violations of the act or for operation of a school without being licensed or registered.

(b) For a first violation, a penalty of not more than $500 may be assessed. For a second violation within 3 years, a penalty of not more than $750 may be assessed. For a third violation within 3 years, a penalty of not more than $1,000 may be assessed.

(c) Nothing in this section prohibits the Board from causing the suspension or revocation of a license or registration issued under its authority in addition to a civil penalty which is imposed.

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.190 Suspension procedure.

(a) If, after a hearing is provided in this chapter, the Board determines to suspend a license or registration, the Board will serve upon the school or admissions representative, a notice of suspension by United States Postal Service certified mail, return receipt requested.

(b) The notice shall direct the licensee or registrant to:

(1) Surrender to the Board for safekeeping current enrollment agreements.

(2) Cease and desist activities related to recruitment or enrolllment of students or prospective students.

(3) Refund prepaid tuitions under the supervision of the Board or its designee.

(4) Commence a teachout or refund unearned tuition as specified by the Board and under the supervision of the Board or a designee.

(c) Failure of a licensee or registrant to comply with a notice of suspension may result in imposition of a civil penalty and prosecution for a summary offense.

(d) If the licensee or registrant does not appeal the notice of suspension as provided in 2 Pa.C.S. § 702 (relating to appeals), the notice of suspension is deemed final.

(e) If an appeal from the notice of suspension is taken, the notice of suspension shall be stayed until the appeal is finally decided.

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.191 Revocation procedure.

(a) If, after a hearing as provided in this chapter, the Board determines to revoke a license or registrant, the Board will serve upon the licensee or registrant, a notice of revocation by United States Postal Service certified mail, return receipt requested.

(b) The notice shall direct the licensee or registrant to:

(1) Surrender current enrollment agreements to the Board for safekeeping.

(2) Cease and desist from recruitment or enrollment of students or prospective students.

(3) Terminate its operations.

(4) Refund prepaid and unearned tuitions under the supervision of the Board or a designee.

(5) Surrender its active and closed student records to its designated depository for safekeeping as provided in § § 73.23—73.25 (relating to long-term retention of transcript of academic performance; disposition of student records statement; and content of disposition statement).

(c) Failure of a licensee or registrant to comply with a notice of revocation may result in imposition of a civil penalty and prosecution for a summary offense.

(d) If the licensee or registrant does not appeal the notice of revocation under 2 Pa.C.S. § 702 (relating to appeals), the notice of revocation is deemed final.

(e) If an appeal from the revocation notice is taken, the notice of revocation shall be stayed until the appeal is finally decided.

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.192 Violation by unlicensed or unregistered person or entity.

(a) Upon determination by the review and recommendation panel that an unlicensed or unregistered activity has occurred or is occurring, the panel may direct staff to serve upon the person or entity a notice of unlicensed or unregistered activity. The notice will require the person or entity to cease and desist from the activity under specified sections of the act or this chapter proscribing the activity, or the person or entity will be liable to pay a civil penalty of not more than $1,000 and will be liable to prosecution for a summary offense punishable by a maximum fine of $300. The notice will state that if a hearing is not requested within 24 hours of receipt of the notice, the notice shall constitute a final adjudication by the Board.

(b) A person or entity who engages in an unlicensed or unregistered activity and fails to obey or otherwise respond to a notice to cease and desist from the activity under this section or fails to obey or otherwise respond to the processes of a judicial district of this Commonwealth or a subpoena of the Attorney General will be refused a license by the Board for at least 5 years from the mailing date of the notice of unlicensed or unregistered activity.

The provisions of this § 73.192 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334.

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.193 Collection of penalties.

(a) A penalty which has become final by operation of law and remains unpaid shall be the subject of an advisory by the Board to the Attorney General to collect the unpaid penalty.

(b) A licensee or registrant who fails to pay a penalty levied under this chapter is liable to automatic suspension until the penalty has been paid.

(c) An unlicensed or unregistered person or entity who fails to pay a penalty levied under this chapter shall be refused a license or registration until the penalty has been paid and for a period of at least 5 years from the date of payment.

This section cited in 22 Pa. Code § 73.183 (relating to violations by licensees); and 22 Pa. Code § 73.184 (relating to reporting of potential violation).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.
22 Pa. Code § 73.201 Reportable events.

(a) A school is required to notify Board staff of an event which is reportable under this chapter.

(1) No particular form of notice is required by the Board.

(2) A notice shall be in writing and mailed to Board staff.

(3) An event shall be deemed reported when the written notice is deposited in the mail.

(4) A notice of a reportable event shall be made to the Board within 48 hours from the date the school knew or should have known of the occurrence of the event.

(5) Failure by a school to report an event within the time prescribed by this section is a violation.

(b) The following are reportable events:

(1) The financial condition of the school has changed materially as the term ‘‘material change’’ is understood in accordance with standard accounting practice.

(2) The school’s form of surety has or is about to lapse or the level of surety has become insufficient to protect the contractual rights of students.

(3) The school is the named voluntary debtor in a petition in bankruptcy filed under 11 U.S.C.A. § § 101—1330, known as the Federal Bankruptcy Act, or has made an assignment for the benefit of creditors or has become insolvent. If a licensee is named as an involuntary debtor, the licensee shall notify the Board when a court of appropriate jurisdiction declares the licensee bankrupt.

(4) The school has been notified of a building code violation affecting the health and safety of its occupants.

(5) The school has been notified that the licensed premises are endangered by an environmental hazard.

(6) The school is to be subject to a Title IV—section 487(c) of the Higher Education Act of 1965 (20 U.S.C.A. § 1094)—audit initiated by the United States General Accounting Office.

(7) Another event in a section of this chapter which imposes on a school an obligation to notify the Board, subject to the specific reporting requirements of the section.

The provisions of this § 73.201 amended September 6, 1996, effective September 7, 1996, 26 Pa.B. 4334. Immediately preceding text appears at serial pages (133120) to (133121).

This section cited in 22 Pa. Code § 73.1 (relating to definitions).

History

  • Authority: The provisions of this Chapter 73 issued under the Private Licensed Schools Act (24 P.
  • Source: The provisions of this Chapter 73 adopted January 29, 1988, effective January 30, 1988, 18 Pa.

Part VI Bureau of Private Schools and Veterans Education

Chapter 101 Private Driver Training Schools

22 Pa. Code § 101.101 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. Act—The act of January 18, 1952 (P. L. (1951) 2128, No. 605) (24 P. S. § § 2831—2931), known as the Private Driver Education or Training School Act. Agent—A person, whether employed by a private driver education or training school or operating in his own behalf, or whether acting in behalf of a school located within or outside of this Commonwealth, who personally solicits an individual within this Commonwealth to enroll in a school. Department—The Department of Education of the Commonwealth. Director—The supervisor or director of a private driver education or training school. Identification card—A card issued by the Department to a private driver education or training school for a teacher employed by the school. Location—Either the business address for a specific licensed private driver education or training school or the address of the site of the school’s theoretical or classroom driver training area. Owner—A person or business entity which owns a private driver education or training school but does not necessarily oversee the daily operation thereof. Professional staff member—An agent, teacher or director of a private driver education or training school. School—A school maintained, classes conducted or instruction offered by an individual, association, partnership or corporation, for a consideration, profit or tuition, the purpose of which is to educate individuals, either practically or theoretically, or both, to operate or drive a motor vehicle. Teacher—A person who provides classroom instruction or practical behind-the-wheel instruction. Vehicle—A car or truck weighing up to 11,000 pounds.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.102 Laws applicable to private driver training schools.

In addition to the act, the following laws apply to private driver training schools:

(1) Fictitious Names Act. 54 Pa.C.S. § § 301—322 which states that an entity which either alone or in combination with another entity conducts business in this Commonwealth under or through a fictitious name shall register the fictitious name by filing an application for the registration of a fictitious name in the Department of State.

(2) Untrue, false and misleading advertising. 18 Pa.C.S. § 4107 which provides that it is unlawful for a person to make, in the course of business, a false statement in an advertisement for the purpose of promoting the purchase or sale of property or services.

(3) Restraint of unlicensed activities. The act of April 18, 1949 (P. L. 482, No. 106) (71 P. S. § 1036.1) which authorizes the Department to prohibit and restrain an unlicensed person, association, partnership or corporation from engaging in any activity for which a license is required or issued.

(4) Cancellation of licenses. Section 811 of The Administrative Code of 1929 (71 P. S. § 279.2) which authorizes the cancellation of a certificate, license, permit or registration obtained through fraud or misrepresentation.

(5) Fire and panic regulations. The fire and panic regulations drafted in accordance with the duties imposed on the Department of Labor and Industry by the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § § 1221—1235.1) and pertain to Class I buildings as well as private schools located in places other than Philadelphia, Pittsburgh and Scranton.

(6) The Public School Code of 1949, section 1519(b). A private driver training school teacher contracted for driver safety instruction in public schools shall meet the requirements in section 1519(b) of the Public School Code of 1949 (24 P. S. § 15-1519(b)).

This section cited in 22 Pa. Code § 101.133 (relating to fire regulations).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.103 Correspondence.

(a) Inquiries and correspondences shall be directed to Private Driver Training Schools, Department of Education, 333 Market Street, Harrisburg, Pennsylvania 17126-0333.

(b) The Department will assist persons in meeting the requirements which underlie school and agent licensure and relicensure.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.104 Records.

Every school shall maintain adequate records of students, and shall maintain a permanent cumulative record for 5 years after the student completes driver training. The cumulative record shall include the number of clock hours of instruction received by each student, and shall contain information on attendance, test scores, personal characteristics, health and other information deemed pertinent by the school. The records shall be current and available for inspection by the representatives of the Department during regular school hours.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.105 Advertising.

Licensed schools may advertise as ‘‘licensed for classroom by the Pennsylvania Department of Education’’ or ‘‘licensed for behind-the-wheel instruction by the Pennsylvania Department of Education.’’

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.111 Application forms.

(a) An application for a license to conduct a school shall be made on forms furnished by the Department.

(b) An applicant for a school license shall certify, through completion of the self-authenticating document provided by the Department, its compliance with the act.

(c) An application shall be accompanied by a sworn affidavit certifying the truth of the statements made in the application. An application may not be submitted to the Department by facsimile because of the required notary public certification.

(d) The Department will provide its approval of applications either by mail or facsimile.

This section cited in 22 Pa. Code § 101.181 (relating to outlines to Department).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.112 Additional application materials.

At the time of application, the following materials shall also be submitted:

(1) For each individual proprietor of a school, each member of the partnership, association or company that owns a school, and each officer or director of a corporation that owns a school, who is directly connected with the conduct and operation of the education program:

(i) A statement certifying that the applicant is of good moral character and at least 18 years of age.

(ii) A list of names, addresses and telephone numbers of three persons serving as character references, none of whom are related to the applicant or are in any way connected to the school.

(2) A statement certifying that persons employed by or directly connected with the conduct and operation of schools are not addicted to the use of alcoholic liquors, morphine, cocaine or other drugs that have a similar effect.

This section cited in 22 Pa. Code § 101.181 (relating to outlines to Department).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.113 Certification under the Fictitious Names Act.

(a) An applicant for a license who is incorporated or subject to 54 Pa.C.S. Chapter 3 (relating to Fictitious Names Act) shall attach to the application a statement or certification from the Department of State verifying that the applicant has complied with the applicable statute.

(b) The application shall be filed under the fictitious name of the school with the individual, partnership or corporate name added thereto.

This section cited in 22 Pa. Code § 101.181 (relating to outlines to Department).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.114 Fees.

(a) The amount of all license fees and renewal fees are as follows:

(1) School fees:

(i) Initial … $500

(ii) Renewal … $300

(2) Instructor fees:

(i) Initial … $30

(ii) Renewal … $20

(3) Agent fees:

(i) Initial … $5

(ii) Renewal … $5

(4) Vehicle identification registration:

(i) Initial … $10

(ii) Renewal/transfer … $5

(b) All license fees and renewal fees shall be paid by money order or check, payable to the ‘‘Pennsylvania Department of Revenue’’ and shall be attached to the application for a license or license renewal.

This section cited in 22 Pa. Code § 101.181 (relating to outlines to Department).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.115 Changes in applications or school information.

(a) If changes occur in the facts set forth in an original application for licensure or an application for relicensure, subsequent or supplemental information shall be filed with the Department, and be approved prior to the date the changes go into effect.

(b) The Department will accept changes in applications in person, by mail or by facsimile.

(c) A school wishing to change its location or the location of a practice private training area shall notify the Department in writing or by facsimile prior to the actual change.

(d) A change in a school’s location or a change of address of the residence of an owner, director, teacher or agent shall be filed with the Department by mail or by facsimile prior to the actual change.

This section cited in 22 Pa. Code § 101.181 (relating to outlines to Department).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.116 Lost or destroyed license.

If a license is lost, mutilated or destroyed, the Department will replace the license without charge. To obtain a replacement, the school shall surrender the mutilated license or attest by affidavit that the license was lost or destroyed.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.117 School license renewal applications.

(a) A license renewal shall be made on an application furnished by the Department.

(b) An application for license renewal shall be filed with the Department on or before April 30 of each year. Applications filed after this date may result in the issuance of licenses or teacher identification cards after June 30.

(c) An incomplete application for license renewal may be returned to the school. License renewal may be delayed or denied when the full information requested is not supplied.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.131 School licenses.

An applicant for a school license shall certify, through completion of the self-authenticating document issued by the Department, its compliance with section 4(1)(a)(i) and (ii) of the act (24 P. S. § 2834(1)(a)(i) and (ii)).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.132 Prohibited locations.

(a) Only one school may be licensed for a particular location.

(b) A public school building will not be approved as the primary classroom site for a private driver training school.

(c) The situs of a school, branch school and practice driver training area shall be a distance of at least 1,500 feet from an official examination point used by the Department of Transportation for examining motor vehicle operators, which distance shall be measured along the public streets by the nearest route from the school, branch school or private driver training area to the official examination point.

(d) The outdoor area used during the first 3 hours of practical instruction by persons who hold a learner’s permit shall be one which is reasonably free of pedestrian and vehicular traffic, and may not include primary traffic arteries, main highway routes or other thoroughfares that carry large amounts of traffic.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.133 Fire regulations.

(a) Indoor instruction areas will be approved by the Department of Labor and Industry in accordance with the fire and panic regulations cited in § 101.102(e) (relating to laws applicable to private driver training schools). Each applicant for a school license and each applicant for a change of location of the indoor instructional area shall submit a statement or certificate from the proper authority certifying that the indoor instructional area has been approved.

(b) The indoor instructional areas of schools located in Philadelphia, Pittsburgh and Scranton, if occupied by five or more students at the same time, shall be approved from the standpoint of public safety by the respective fire marshall or other officers having jurisdiction.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.134 Space allotment of indoor instruction areas.

The indoor area used for the theoretical instruction of a group of five or more students shall provide a minimum of 15 square feet of floor area per student and 120 cubic feet of air space per pupil.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.135 Classroom equipment.

An applicant or licensee offering indoor group theoretical instruction to five or more students shall provide in each classroom the following items:

(1) A desk or an equivalent work station and a chair for each student in attendance.

(2) A writing board containing an area of at least 24 square feet.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.136 Lighting and seating arrangements.

A school or licensee may not use any seating plan or arrangement in the indoor instructional areas which faces the students toward a source of natural or artificial illumination.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.137 Lavatory facilities.

A school offering theoretical instruction to a group of five or more students shall provide lavatory and toilet facilities which meet State or local requirements.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.141 Professional staff applications.

(a) Professional staff members who are initially employed by a school, or who were employed by one school and obtain employment with another school after June 6, 1998, shall submit an application for approval to the Department upon the form provided by the Department.

(b) The application of a teacher and a director shall also serve as the application for the written theoretical and practical examinations.

(c) A person who holds a valid Pennsylvania Teaching Certificate, with certification in Driver and Safety Education, will be exempted from the theoretical and practical examinations. An exempted person shall apply for and obtain a valid teacher identification card from the Department prior to being employed by a private driver training school. A person desiring to teach driver education for a fee shall apply for a private driver training school license and teacher identification card.

This section cited in 22 Pa. Code § 101.162 (relating to reemployment after 12 months).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.142 Additional staff application materials.

A professional staff member shall submit the following to the Department with the administrative and instructional staff application:

(1) A statement certifying that the applicant is of good moral character, a citizen of the United States and at least 18 years of age.

(2) A list of names, addresses and telephone numbers of three persons serving as character references, none of whom are related to the applicant or are in any way connected to the school in which the applicant is seeking employment.

(3) Criminal history background checks which comply with section 111 of the Public School Code of 1949 (24 P. S. § § 1—111), known as Act 34 of 1985 and § § 8.1—8.4 (relating to criminal history background checks).

(4) Official clearance statements which comply with 23 Pa.C.S. § § 6354—6358 (relating to background checks for employment in schools).

This section cited in 22 Pa. Code § 101.162 (relating to reemployment after 12 months).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.143 Driving records.

The following information shall also be submitted at the time of the staff application:

(1) Driving experience. By one of the following methods, a teacher and director shall produce evidence that he has driven a minimum of 15,000 miles as a licensed operator, under all kinds of weather conditions in both urban and rural areas:

(i) Submitting statements from previous or current employers, in affidavit form, that attest to the specified requirements.

(ii) Making certification on his own behalf, if never employed to operate a motor vehicle, attesting to the specified requirements.

(iii) Combining statements from previous or current employers, in affidavit form, with a certification made on his own behalf, all of which together attest to the specified requirements.

(2) Accidents. A teacher and director shall provide a 3-year driving abstract obtained from the Bureau of Driver Licensing, Department of Transportation. The abstract shall establish that he has not had more than one reportable accident resulting in a suspension or revocation of his motor vehicle operator’s license during the 3-year period preceding the date of application for approval for instructional service. A ‘‘reportable accident’’ means any accident involving the injury or death of a person, or damage to a vehicle to the extent that it cannot be driven in a customary manner under its own power without further damage or hazard to the vehicle, to other traffic elements or to the roadway, and therefore requires towing.

This section cited in 22 Pa. Code § 101.162 (relating to reemployment after 12 months).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.144 Owner and directors; experience.

A private driver training school owner or director shall submit documentary evidence of a minimum of 2 years of successful driver education teaching experience in a private driver training school, private high school or public high school. The documentary evidence shall set forth the names of the schools or classes and the place, dates and length of instructional service, including a state ment from the official head of the school or class certifying that the teaching experience was successful and attesting to the place, dates and length of the service.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.145 Foreign agents.

An individual who acts as an agent representing a school located outside this Commonwealth shall, in addition to the professional staff application, provide evidence clearly demonstrating that the owner of his school has fulfilled all statutory requirements of the Commonwealth relating to the registration of fictitious names, foreign corporations and business activities carried on in this Commonwealth by persons having commercial headquarters elsewhere.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.146 Incomplete applications.

Prior to the day on which an applicant is scheduled for examination, the applicant shall file with the Department a completed school staff application together with the required list of three references and the 3 year driving abstract. Failure to do so will preclude an applicant from taking the examination.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.147 Professional staff renewal applications.

(a) A professional staff license renewal shall be made on an application furnished by the Department

(b) An application for a professional staff license renewal shall be filed with the Department on or before April 30 of each year. Applications filed after this date may result in the issuance of licenses or identification cards after June 30.

(c) An incomplete application for license renewal may be returned to the school. License renewal may be delayed or denied when the full information requested is not supplied.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.151 Prerequisite evidence.

To qualify as a teacher in a private driver training school, an applicant shall successfully complete written and practical examinations. Prior to testing, an applicant shall obtain a valid Pennsylvania Class A, B or C driver’s license, file a completed school staff application with the Department and submit written evidence that the applicant has done one of the following:

(1) Secured employment in an established, licensed private driver training school.

(2) Filed an application for a license to conduct a private driver training school.

(3) Is a prospective employe of a school not yet licensed but whose application for an original license has been properly filed with the Department.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.152 Opportunities to pass.

For each original staff application filed with the Department, the applicant will be granted three opportunities to pass the written examination and three opportunities to pass the practical examination after passing the written examination.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.153 Locations.

Examinations shall be given at various stipulated locations throughout this Commonwealth. Times and places may be ascertained by contacting the Department at Private Driver Training Schools; Department of Education; 333 Market Street; Harrisburg, Pennsylvania 17126-0333.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.154 Identification cards.

(a) After an applicant has passed the written and practical examinations, the Department will issue a valid identification card to the school for each teacher. An Instructor’s Examination Permit bearing the stamp of the Department of Transportation may serve as a temporary identification card for 45 days from the date that the driving examination was passed.

(b) A teacher shall hold a valid identification card made out in the name of the school employing the teacher and issued to that school by the Department.

(c) A teacher or director who gives practical driver training shall carry an identification card on his person.

(d) Upon terminating a teacher’s employment, the school shall file a termination of employment form and return the teacher identification card to the Department.

(e) To teach classroom or behind-the-wheel instruction for more than one private driver training school, a teacher shall obtain separate cards from the Department by completing the proper applications.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.155 Lost or destroyed identification cards.

If an identification card is lost, mutilated or destroyed, the Department will replace the card without charge. To receive replacements for lost, stolen or destroyed identification cards, the teacher shall surrender the mutilated identification card or attest by affidavit that it was lost or destroyed.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.156 Loss of operating privilege.

A teacher who loses his privilege to operate a motor vehicle in this Commonwealth shall immediately surrender his identification card to the Department. A teacher shall also give written notification to his employer and to the Department of the violations, all pertinent facts and the dates upon which the behind-the-wheel instructional activities ceased.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.157 Time limits.

Applications for teacher identification cards and vehicle identification cards filed after April 30 will be valid until June 30 of the following year.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.161 Reemployment within 12 months.

A teacher changing employment to another school within 12 months of employment shall complete an instructional staff application and submit a criminal history background check to secure a valid identification card.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.162 Reemployment after 12 months.

When a continuous period of 12 months or more has elapsed without employment as a driver training teacher, the applicant shall comply with the requirements stated in § § 101.141—101.143 (relating to professional staff; additional staff application materials; and driving records).

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.163 Notice of employment.

A school, upon the employment of a new teacher or the reinstatement of a former employe, shall immediately notify the Department of the dates that the employes were employed.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.164 Termination of employment.

A school shall immediately notify the Department upon terminating the employment of a teacher, stating the starting date of employment and the termination date. This information shall be supplied on the forms provided by the Department.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.171 Insurance coverage for vehicles.

(a) Each school shall provide and maintain insurance on all vehicles used in practical driver training and file a current, valid certificate of insurance for each vehicle with the Department.

(b) The minimum required insurance coverage on each vehicle is: $50,000—$100,000, public liability; $5,000, property damage; and $5,000, medical payment.

(c) A certificate of insurance shall set forth the year, make and serial number of the vehicle covered, the expiration date of the coverage, and the amounts of medical payment, property damage and public liability coverage carried under that certificate.

(d) A licensee shall immediately notify the Department when any of the required insurance is cancelled.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.172 Vehicle identification card.

Each vehicle used for practical driver training shall carry an identification card issued by the Department. It shall be affixed to the right sun visor or in a manner that makes the identification visible to the vehicle’s occupants.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.173 Age of vehicles.

(a) A vehicle used for practical driver training may not be more than 5 years old or have more than 50,000 miles, whichever occurs later.

(b) The date appearing on the face of the original certificate of title shall be used as the date the vehicle was placed in service. Five years from that date will determine the permissible period of operation.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.174 Changes or additions to the fleet.

A school shall immediately report changes or additions to the teaching fleet to the Department prior to the vehicle being placed in service. Each vehicle added to the school fleet shall be registered with the Department by filing a current, valid insurance certificate containing the required information and an affidavit setting forth the year, make, serial number and registration plate of the new vehicle and the fact that the vehicles are equipped with:

(1) An operable extra brake pedal, and in the case of vehicles equipped with standard transmission an operable extra clutch pedal.

(2) A defroster and heater in working order.

(3) A rear-view mirror placed on the inside of the car in the vicinity of the cowl and two outside rear-view mirrors, one on each side of the vehicle.

(4) Cushions for the proper seating of the student.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.175 Vehicle identification card renewal applications.

(a) A vehicle identification card renewal shall be made on an application furnished by the Department.

(b) An application for a vehicle identification card renewal shall be filed with the Department on or before April 30 of each year. Applications filed after this date may result in the issuance of vehicle identification cards after June 30.

(c) An incomplete application for vehicle identification card renewal may be returned to the school. Vehicle identification card renewal may be delayed or denied when the full information requested is not supplied.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.176 Lost or destroyed vehicle identification cards.

If a vehicle identification card is lost, mutilated or destroyed, the Department will replace the card without charge. To receive replacements for lost, stolen or destroyed vehicle identification cards, the licensee shall surrender the mutilated identification card or attest by affidavit that it was lost or destroyed.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.
22 Pa. Code § 101.181 Outlines to Department.

(a) In addition to the requirements in § § 101.111—101.115, an applicant for an original license shall provide the Department with an outline for the theoretical and practical instruction in driver education.

(b) Theoretical instruction in driver education shall include subject matter relating to rules and regulations of the road, safe driving practices, pedestrian safety, care and mechanics of motor vehicles, driver responsibility, theory of driving, types of automobile insurance and the use of automobile safety devices.

(c) Practical instruction in driver education shall include the demonstration of and actual instruction in starting, stopping, shifting, turning, backing, parking and steering in a training vehicle.

History

  • Authority: The provisions of this Chapter 101 issued under act of January 18, 1951 (P.
  • Source: The provisions of this Chapter 101 adopted June 1, 1970, 1 Pa.

Part VII Office for Aid to Nonpublic Education

Chapter 112 Auxiliary Services for Nonpublic School Students

22 Pa. Code § 112.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act 89—Section 922.1A of the Public School Code of 1949 (24 P. S. § 9-972.1). Auxiliary services—Guidance, counseling, and testing services; psychological services; services for exceptional children; remedial services; speech and hearing services; services for the improvement of the educationally disadvantaged, such as, but not limited to teaching English as a second language; and such other secular, neutral, nonideological services of a supplementary and remedial nature as are of benefit to all school children and are presently or hereafter provided for public school children of the Commonwealth. The following is a more detailed description of the auxiliary services identified in this paragraph: (i) Guidance, counseling and testing—Includes, but is not limited to such services as are delineated in § 7.13 (relating to health services). (ii) Psychological services—Those diagnostic and evaluative services for children, possibly involving consultation and counseling with students, parents, and members of the professional staff. (iii) Exceptional children—Children of school age who deviate from the average in physical, mental, emotional, or social characteristics to such an extent that they require special educational facilities or services and including all children in detention homes. (iv) Services for exceptional children—Services which are generally recognized to be of particular benefit to exceptional children. (v) Remedial services—Those corrective services applied following identification, including, but not limited to, medical, psychological, and psychiatric and remedial measures. (vi) Speech and hearing services—Those services provided to students whose condition of speech or hearing interferes with satisfactory communication or deviates from accepted standards of their individual social and cultural communities. (vii) Services for the improvement of the educationally disadvantaged— Those services necessary to assist a student to perform at the grade level appropriate for his age and potential. Department—The Department of Education of the Commonwealth. Intermediate unit—Those units established by the act of May 4, 1970 (P. L. 311, No. 102) (24 P. S. § § 9-951—9-971). Nonpublic school—A nonprofit school located in this Commonwealth, other than a public school, wherein a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements of the Public School Code of 1949 (24 P. S. § § 1-101—27-2702) and which meets the requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. 2000 et seq.

The provisions of this § 112.1 amended November 30, 1979, effective November 18, 1978, 9 Pa.B. 3939. Immediately preceding text appears at serial page (44186).

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.21 Responsible agency.

Intermediate units are hereby designated as the responsible public agencies for providing services and the assignment of personnel to provide auxiliary services to children in the nonpublic schools within the geographic boundaries of the intermediate units.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.22 Consolidation.

Two or more intermediate units may, through articles of agreement duly approved by the Secretary, designate one intermediate unit as the unit to administer the delivery of some or all services provided in this chapter for the benefit of all children attending nonpublic schools located within the geographical boundaries of such intermediate units.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.23 Eligibility.

Any student, who is a resident of this Commonwealth, and whose tuition is not paid by the Commonwealth, is eligible to receive auxiliary services under this chapter if enrolled in grades K-12 inclusive in a nonpublic school.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.24 Program of services.

(a) Each intermediate unit shall establish a program for nonpublic school students consisting of those auxiliary services which are provided to public school students within the school district in which the nonpublic school is located.

(b) Those auxiliary services provided to public school students by the intermediate units or school districts, or both, by means of State or local revenues, during the school year 1974-75, shall continue to be provided for the benefit of public or nonpublic school students. This provision in no way prevents a school district from curtailing such services in that public school district or within their own schools as it may deem necessary.

(c) No school district shall be required to offer auxiliary services provided by any other school district within such intermediate unit.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.25 Determination and provision of services.

The program of services provided to nonpublic school students shall be determined by the intermediate unit as follows:

(1) The intermediate unit shall prepare a list of auxiliary services in accordance with § 112.24 (relating to program of services).

(2) The intermediate unit shall then ascertain the needs of the eligible nonpublic school students for the particular auxiliary services contained in the list. It is recognized that auxiliary services, by their nature, relate to individual child needs and that the accurate assessment of these needs can only be made through consultation with persons having charge of the child in the normal learning environment of the child.

(3) The intermediate unit shall also determine which auxiliary services on the list may be provided within the legal limitations of Act 89.

(4) The provision of services means the delivery of auxiliary services to students through the providing of qualified personnel, whether through the use of staff members of the intermediate unit, or through the intermediate unit’s contracting with other agencies or individuals, but not the staff of the nonpublic schools. The supplying of supportive personnel, materials, and equipment is permissible when necessary for the proper delivery of auxiliary services by qualified personnel.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.26 Facilities.

(a) Auxiliary services may be provided only in the following:

(1) Public school buildings.

(2) Facilities leased by the intermediate unit in accordance with the provisions of § § 17.11 and 17.15 (relating to capital subsidy and cost per square foot of leased facilities) except that no facilities shall be leased in areas excluded in paragraph (6).

(3) Nonpublic nonsectarian schools.

(4) Mobile units leased by and under the exclusive control of the intermediate units not permanently parked on areas excluded in paragraph (6).

(5) Demountable units, trailers, tractor trailers, quonset huts, and other prefabricated units not permanently parked, installed, or constructed on areas excluded in paragraph (6).

(6) Other appropriate areas, excluding churches, synagogues, or areas under the control thereof or facilities under the control of a sectarian school.

(b) The provisions of this section shall not be interpreted to prohibit the intermingling of public and nonpublic school students where services are rendered to groups of students.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.27 Transportation.

Intermediate units shall be responsible for providing student transportation whenever the necessity arises. Costs incurred for transportation shall be charged against the Act 89 program budget.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.28 Personnel.

The following provisions shall pertain to all professional employes hired by the intermediate unit for the provision of auxiliary services under this chapter:

(1) Such employment shall be governed by the provisions of Chapter 49 (relating to certification of professional personnel).

(2) Salary scales and employe benefits shall conform to intermediate unit policies and procedures.

(3) Employment by the intermediate unit board of directors shall be upon the recommendation of the executive director thereof.

(4) The intermediate unit shall not delegate the employment or termination decision affecting persons employed under Act 89 to nonpublic school officials or employes, and the assignment and supervision of personnel under this chapter shall be the responsibility of the intermediate unit.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.29 Allocation of funds.

The Secretary of Education or his designated official shall allocate to each intermediate unit during the month of July, an amount equal to the number of nonpublic school students as of October 1 of the preceding school year who are enrolled in nonpublic schools within the intermediate unit, times $45.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.30 Distribution of funds.

The funds shall be distributed to intermediate units in accordance with the following schedule:

(1) August 1—15% of its allocation.

(2) October 1—75% of its allocation.

(3) February 1—10% of its allocation.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.31 Budgeting.

(a) Each intermediate unit shall budget and account for its activities under Act 89 within the program accounting system established by the Department. Annually, each intermediate unit shall submit to the Secretary of Education a preliminary budget on or before January 31, and a final budget on or before June 15 for the succeeding year; and shall file a final financial report on or before October 31 for the preceding year.

(b) The program budget shall set forth a program under which funds allocated to the intermediate units under § § 112.29 and 112.30 (relating to allocation of funds and distribution of funds) will be expended solely for purposes authorized by Act 89.

(c) The program budget plan shall include a detailed description of activities planned to accomplish the purposes mandated by Act 89. This description shall include, but is not limited to objectives, activities, affected student population, and amount of funds allotted to meet such objective.

(d) The intermediate unit shall not expend more than 6.0% of the allocation it receives for administration nor more than 18% for rental of facilities. Funds not expended for administration or rental may be used for Act 89 auxiliary services.

(e) The Department will not use for administrative purposes more than 1.0% of the funds appropriated for Act 89.

(f) Interest earned on the allocations by the intermediate units may be used only for the purposes enumerated in Act 89. The expenditure of interest monies is not governed by the percentage limitations listed in § 112.30 (relating to distribution of funds) and in this section.

(g) All unencumbered, unexpended funds at the intermediate units as of June 30 of the program year shall be refunded to the Department, no later than October 1 of the subsequent fiscal year.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.
22 Pa. Code § 112.32 Evaluation of programs.

The Department will evaluate all programs annually.

History

  • Authority: The provisions of this Chapter 112 issued under section 9-972.
  • Source: The provisions of this Chapter 112 adopted January 9, 1976, 6 Pa.

Chapter 114 Textbooks for Nonpublic School Students

22 Pa. Code § 114.1 Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Act—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). Department—The Department of Education of the Commonwealth. Nonpublic school—Any school, other than a public school, within this Commonwealth, wherein a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements of the act, and which meets the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § § 2000d—2000d-4). Secretary—The Secretary of Education of the Commonwealth, or his designee. Textbooks—Books, workbooks, including reusable and nonreusable workbooks, and manuals, whether bound or in looseleaf form, intended for use as a principal source of study material for a given class or group of students, a copy of which is expected to be available for the individual use of each pupil in such class or group. Such textbooks shall be textbooks which are acceptable for use in any public, elementary, or secondary school of the Commonwealth.

History

  • Authority: The provisions of this Chapter 114 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 114 adopted December 23, 1976, 6 Pa.
22 Pa. Code § 114.21 Responsible agent.

The Secretary is hereby designated as the responsible agent for loaning textbooks to students enrolled in grades Kindergarten—12, inclusive, in nonpublic schools. This responsibility includes a review of textbooks, fiscal control, fund accounting, and record retention.

History

  • Authority: The provisions of this Chapter 114 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 114 adopted December 23, 1976, 6 Pa.
22 Pa. Code § 114.22 Program operation.

(a) The Chief for Nonpublic Educational Services shall distribute textbook request forms which will be of standard format no less than two weeks prior to their required submission together with an allocation of funds for this program. Each nonpublic school shall submit on or before May 1 of the preceding school year all textbook requests for the subsequent school year.

(b) An amount equal to 5.0% of the total cost of textbooks should be reflected in the appropriate block on the form for transportation allowances.

(c) The Department will consolidate the loan requests and prepare the orders in accordance with the purchasing procedures of the Commonwealth.

(d) Textbooks will be shipped directly to the appropriate nonpublic school.

(e) The Department is responsible for fiscal control, fund accounting, and maintaining records for the acquisition of the textbooks.

(f) On or before December 1 of each year each nonpublic school or the appropriate chief administrator will receive from the Department a recomputation of the unexpended allocation. On or before January 31 of each year, each nonpublic school or appropriate chief administrator shall submit additional purchase requests for textbooks not to exceed its full allocation.

(g) Each nonpublic school shall be responsible for any expenditures in excess of its allocation.

History

  • Authority: The provisions of this Chapter 114 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 114 adopted December 23, 1976, 6 Pa.
22 Pa. Code § 114.23 Inventory.

(a) Textbooks loaned to the nonpublic schools:

(1) shall be maintained on an inventory by the school; and

(2) if purchased by the Department under the act will be maintained on a Statewide inventory.

(b) It is presumed that textbooks on loan to nonpublic schools after a period of time will be lost, missing, obsolete, or worn out. This information should be communicated to the Department. After a period of six years, textbooks will be declared unserviceable and the disposal of such will be at the discretion of the Secretary.

History

  • Authority: The provisions of this Chapter 114 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 114 adopted December 23, 1976, 6 Pa.
22 Pa. Code § 114.24 Administrative costs.

A maximum of 5.0% of the appropriation for ‘‘textbooks’’ may be used by the Department for administration.

History

  • Authority: The provisions of this Chapter 114 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 114 adopted December 23, 1976, 6 Pa.
22 Pa. Code § 114.25 Certificate of request.

The nonpublic school or the agency of which it is a member shall be responsible for maintaining on file certificates of requests from parents of children for all textbook materials loaned to them under the act. The file shall be open to inspection by the appropriate authority. A letter certifying the certificates on file shall accompany all loan requests.

History

  • Authority: The provisions of this Chapter 114 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 114 adopted December 23, 1976, 6 Pa.

Chapter 115 Instructional Materials for Nonpublic School Students

22 Pa. Code § 115.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Education of the Commonwealth. Instructional materials—Preprepared learning materials which are secular, neutral, and nonideological in character and are of benefit to the instruction of school children on an individual basis and are presently or hereafter provided for public school children of the Commonwealth.

(i) Examples of instructional materials which may be loaned are: books, periodicals, documents, pamphlets, musical scores, desk charts, games, study prints and pictures, desk maps, models, compasses, protractors, rulers, meter sticks, abacuses, thermometers, test tubes, safety goggles, gloves, counting frames, T-squares, specimens used for dissection, kits, and blocks or cubes.

(ii) Examples of instructional materials which cannot be loaned are: textbooks, chemicals, wall maps and charts, pencils, notebooks, chalk, erasers, duplicating fluids or paper, 16 mm films, unexposed film, blank cassettes, or other consumable supplies. Nonpublic school—Any school, other than a public school within this Commonwealth, wherein a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements of the Public School Code of 1949 (24 P. S. § § 1-101—27-2702) and which meet the requirements of Title VI of the Act of July 2, 1964, Pub. L. 88-352 (78 Stat. 241). Secretary—The Secretary of Education or his designee.

History

  • Authority: The provisions of this Chapter 115 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 115 adopted April 23, 1976, 6 Pa.
22 Pa. Code § 115.21 Responsible agent.

The Secretary is hereby designated as the responsible agent for loaning in- structional materials to students enrolled in nonpublic schools. This responsibility includes a review of instructional materials, fiscal control, fund accounting, and record retention.

History

  • Authority: The provisions of this Chapter 115 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 115 adopted April 23, 1976, 6 Pa.
22 Pa. Code § 115.22 Eligibility.

Any student is eligible to receive instructional materials on a loan basis under this chapter who is enrolled in grades K-12 inclusive in a nonpublic school, who is a resident of this Commonwealth and whose tuition is not paid by the Commonwealth.

History

  • Authority: The provisions of this Chapter 115 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 115 adopted April 23, 1976, 6 Pa.
22 Pa. Code § 115.23 Program procedures.

(a) Parents or guardians, by use of the following form, shall request the loan of instructional materials for the use of their child enrolled as a student in a particular school:

Certificate of Individual Request for Loan of Instructional Materials

To: Secretary of Education Department of Education Box 911 Harrisburg, Pennsylvania 17126

I hereby request the loans of instructional materials in accordance with Act 90 of 1975, for my child(ren) attending (Name of School)

History

  • Authority: The provisions of this Chapter 115 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 115 adopted April 23, 1976, 6 Pa.
22 Pa. Code § 115.24 Inventory.

All instructional materials purchased through funds appropriated for this program will be maintained on a Statewide inventory by the Department.

History

  • Authority: The provisions of this Chapter 115 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 115 adopted April 23, 1976, 6 Pa.
22 Pa. Code § 115.25 Allocations.

The Secretary will not be required to purchase or otherwise acquire instructional materials, the total cost of which in any school year shall exceed an amount equal to $5.00 multiplied by the number of Commonwealth resident children enrolled as of October 1 of the preceding year in grades K-12 inclusive.

History

  • Authority: The provisions of this Chapter 115 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 115 adopted April 23, 1976, 6 Pa.
22 Pa. Code § 115.26 Administrative funds.

(a) A maximum of 1.0% of the appropriation for the purchase of instructional materials may be used by the Secretary for administering the program.

(b) Administrative funds not needed for administration shall be used for the purchase or acquisition of instructional materials.

History

  • Authority: The provisions of this Chapter 115 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 115 adopted April 23, 1976, 6 Pa.
22 Pa. Code § 115.27 Program review.

This program will be evaluated periodically.

History

  • Authority: The provisions of this Chapter 115 issued under section 973 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 115 adopted April 23, 1976, 6 Pa.

Part IX State Library and Advisory Council on Library Development

Subpart A State Library

Chapter 131 General Provisions; State Aid

22 Pa. Code § 131.1 Definitions.

The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise: Additional State aid—Aid to be paid in addition to other amounts provided for by The Library Code (24 P.S. § § 4101—4503), up to 50¢ for each dollar expended by the local library in excess of the financial effort equal to $.0005 times market value or $2 per capita for the direct service area, whichever is less. However, total additional State aid may not exceed 25¢ per capita for each person residing in the direct service area. County library—A local library or division of a local library which derives income from the commissioners of a county for the express purpose of making its resources and services available without charge to all the residents of the county, and to bring direct library service to those county residents not served by other local libraries located within the same county. For the purposes of this subpart, a local library operating a distinct county division shall be considered as two agencies, namely, a local library and a county library which are merged or conjoined. County library merged or conjoined with a local library—A county library shall be considered merged or conjoined with a local library if one or more of the following conditions exist:

(i) The county library is operating as a department or division of a local library, and the county library service and the local library service are administered by one head librarian under one board of library directors.

(ii) The county library and the local library share staff, library collections and physical facilities but have separate library boards which plan to replace themselves by a single board of library directors for the county and the local library services after 5 years of participation in State aid.

(iii) The county library exists by virtue of a contract for county library service between the county commissioners and a local library board of directors.

(iv) The county library constitutes the sole local library service in the municipality in which its headquarters is located.

(v) The county library and the local library have entered into an agreement to merge or conjoin the two library operations and submit for approval by the State Librarian a plan to replace the two library boards by a single library board of directors within 5 years of participation in State aid. Direct service area—The municipality to which the governing body of a library is responsible for extending its services without charge. The governing body of a library will be judged to have assumed responsibility for a municipality when it grants free services to the residents of that municipality. District library center—A library designated as such by the State Librarian and receiving State aid for the purpose of making its resources and services available without charge to all the residents of its district, providing supplementary library services to local libraries within the district, coordinating the services of local libraries within the district which by contract become part of the district library center system, and exchanging, providing or contracting for library services with other district library centers. Financial effort—The sum expended annually by a local library for the establishment, operation and maintenance of library services in its direct service area, which derives from local taxes, gifts, endowments and other local sources, as may be provided under rules and regulations adopted by the Advisory Council on Library Development, and which is used to determine eligibility for State aid. Local financial effort shall be based upon the last market value figures published by the Pennsylvania State Tax Equalization Board prior to the calendar year in which the library applies for State aid. The use of market value in relation to State aid is intended as an equitable yardstick and may not be construed to mean that a tax on market value, or a property tax of any sort, is a necessary condition for eligibility for State aid. When the population of a municipality changes as a result of a special census the year in which the census was conducted shall coincide with market values issued for that year in determining local financial effort. Financial effort equal to one-half mill—The financial effort equal to $.0005 times the market value of taxable property, as determined by the Pennsylvania State Tax Equalization Board, in the direct service area of a local library. Financial effort equal to one-quarter mill—The financial effort equal to $.00025 times the market value of taxable property, as determined by the Pennsylvania State Tax Equalization Board, in the direct service area of a local library. Fiscal year—A library’s fiscal year shall end on either December 31 or June 30. Local library—A free public nonsectarian library, whether established and maintained by a municipality or by a private association, corporation or group, which serves the informational, educational and recreational needs of all the residents of the area for which its governing body is responsible, by providing free access (including free lending and reference services) to an organized and currently useful collection of printed items and other materials and to the services of a staff trained to recognize and provide for these needs. Municipality—A county, city, borough, town, township or a school district of the second, third or fourth class, which establishes or maintains a local library. Per capita—Amounts determined on the basis of the latest official United States Census reports. Per capita is a unit of measurement for library expenditures or the payment of State aid derived by dividing a given sum of money by the total population of a municipality. Special census reports of the United States Census Bureau issued between dicennial censuses are also regarded as official. Per capita State aid—State aid granted at a per capita rate as provided in section 303(1),(3) and (4) of The Library Code (24 P.S. § 4303(1), (3) and (4)). Percentage State aid—State aid granted to a county library as a percentage of the county appropriation as provided in section 303(2) of The Library Code.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.1 adopted June 21, 1969; amended April 21, 1972, effective April 22, 1972, 2 Pa.B. 721. Immediately preceding text appears at serial pages (3253) to (3255).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.2 Purpose of State aid.

The purpose of financial assistance to local public libraries by the Commonwealth is to encourage and enable the improvement of public library service throughout this Commonwealth and thereby to fulfill those educational, informational and recreational needs of its residents served by public library agencies. Decisions related to the granting of aid to a given library will be influenced by this objective.

The provisions of this § 131.2 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.11 Local libraries.

(a) To be eligible to receive State aid for any year, a local library shall have made a financial effort for the most recently completed calendar or library fiscal year equal to or exceeding $.00025 times market value, or $1 per capita, whichever is less, for the municipalities on behalf of which it applies for State aid.

(b) To remain eligible to receive the full amount of State aid for the years following the first year of participation in State aid, the financial effort of the local library shall increase over a period of 5 years to a sum equal to $.0005 times market value, or $2 per capita, whichever is less, for the municipalities on behalf of which it applies for aid. The annual rate of increase shall be at least 20% of the difference between the initial qualifying local financial effort and a financial effort equal to $.0005 times market value, or $2 per capita, whichever is less.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.11 adopted March 29, 1962.

This section cited in 22 Pa. Code § 131.37 (relating to change of fiscal year).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.12 Percentage State aid to county libraries.

(a) A local library which is financed all or in part by a county government shall be eligible to receive up to $8,000 in State aid on a percentage basis as provided in section 303(2) of The Library Code (24 P.S. § 4303(2)). To receive percentage State aid, no specific minimum income from the county government is required, but only those funds appropriated by the county government may be counted.

(b) A formula for the amount of percentage State aid is set forth in section 303(2) of The Library Code, which also provides that no library receiving State aid prior to and at time of approval of The Library Code shall receive less State aid as a result of the provisions therein.

(c) Percentage State aid may be granted to only one library to which the county government has appropriated funds and has delegated the responsibility of providing public library service to the residents of the county not otherwise served.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.12 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.13 Per capita State aid to county libraries.

A county library shall be eligible to receive per capita State aid, in addition to percentage State aid, when it meets the requirements for eligibility set forth for local libraries in section 303(1) of The Library Code (24 P.S. § 4303(1)). The aid shall be based on the county library service area as defined during the year of its application.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.13 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.14 Per capita State aid to county libraries merged or conjoined with local libraries.

(a) A county library merged or conjoined with a local library shall be eligible to receive per capita State aid, in addition to percentage State aid, when the combined financial effort of the two sections of the merged or conjoined library which derives from local sources is equal to or exceeds $.00025 times market value, or $1 per capita, whichever is less, for each of its two service areas as provided in section 303(3) of The Library Code (24 P.S. § 4303(3)).

(b) To remain eligible for full per capita State aid, the financial effort for both of the merged or conjoined library sections shall increase to an amount equal to or exceeding $.0005 times market value or $2 per capita, whichever is less, for both of its two service areas as provided in section 303(3) of The Library Code.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.14 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.15 Per capita State aid to a county library system.

If a group of local libraries forms a cooperative county library system, they may pool their annual expenditures to qualify themselves and the county library for per capita State aid on behalf of their combined service areas. In such case, one of the local libraries shall be considered merged or conjoined with the county library and both shall be eligible under section 303(3) of The Library Code (24 P.S. § 4303(3)).

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.15 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.16 Per capita State aid to a county library and local library which agree to merge or conjoin.

A county library and another local library may seek State aid as merged or conjoined libraries as provided in section 303(3) of The Library Code (24 P.S. § 4303(3)), if, prior to application for State aid as such, the two library boards of directors enter into an agreement to merge the boards in accordance with section 411 of The Library Code (24 P.S. § 4411) by the end of 5 years of participation in State aid as merged or conjoined libraries. An agreement shall be approved by resolution of the municipal governments involved if the members of one or both of the library boards of directors are appointed by those governments.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.16 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.17 District library centers.

A local library may not receive State aid as a district library center unless it can first qualify in full for State aid as a local library, except that the State Librarian may waive this requirement for no more than 2 consecutive years upon receipt of evidence that the financial ability of the community is substantially curtailed or steps are being taken to become fully qualified during the year succeeding the one in which the library first failed to qualify fully.

The provisions of this § 131.17 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.18 Regional library resource centers.

A library designated by the State Librarian to serve as a regional library resource center shall be eligible to receive State aid annually as provided in section 303(5) of The Library Code (24 P.S. § 4303(5)) when its plan for use of such funds is approved by the State Librarian in accordance with Chapter 141 (relating to plans for the use of State aid).

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.18 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.19 Ineligibility for State aid.

(a) Registration fee. A library which charges a registration fee for service is not eligible for State aid.

(b) Annual fee for service. A library is not eligible to receive State aid on behalf of a municipality the residents of which are required to pay an annual fee for service.

(c) Plans subject to approval. Each library desiring to receive State aid shall submit to the State Librarian a plan for the use of the funds and no payment of State aid will be made until the plan is approved by the State Librarian in accordance with Chapter 141 (relating to plans for the use of State aid).

(d) School-public libraries. Libraries of elementary and secondary schools, both public and private, and of institutions of higher education, are not eligible to receive State aid even though the libraries may be rendering services to the general public, with the following exceptions:

(1) College or university libraries designated by the State Librarian as district library centers and eligible for State aid under section 303(4) of The Library Code (24 P.S. § 4303(4)).

(2) The Pennsylvania State University Library which is cited in section 209 of The Library Code (24 P.S. § 4209) as a Regional Library Resource Center and is eligible to receive State aid under section 303(5) of The Library Code.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.19 adopted October 7, 1963.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.20 Additional State aid.

To be eligible for additional State aid, a local library, county library or county library merged or conjoined must make a minimum financial effort equal to $.0005 or $2 per capita for each person residing in the direct service area, whichever is less, during the same fiscal year in which it qualifies for per capita State aid.

The provisions of this § 131.20 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 721.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.31 Application—general.

Application for State aid shall be made in accordance with instructions provided by the State Library and shall be submitted to the State Library by October 1.

The provisions of this § 131.31 adopted June 10, 1969.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.32 Proof of eligibility.

To show that the library meets the requirements for eligibility in Article III of The Library Code (24 P.S. § § 4301—4304), supporting documents shall be submitted as follows

(1) Percentage State aid documentation. The library board shall submit two copies of the resolution prepared by a county official certifying to the amount of those funds appropriated by the county government in the current year to the library as a county library. The copies of the resolution shall accompany or precede the application for State aid.

(2) Per capita State aid documentation. Per capita State aid documentation shall conform with the following: For expenditures made during a fiscal year completed prior to the October 1 deadline for filing the application for State aid, an independent auditor’s report, performed in accordance with generally accepted auditing standards, of the entire operation, which includes income from all sources and related expenditures and fund balances of the library during the fiscal year ending December 31 or June 30 shall accompany or precede the application for State aid. The audit shall be filed every year for libraries which receive annually $50,000 or more in State income or every third year, with a financial review filed in the years that an audit is not required, for libraries which receive annually less than $50,000 in State income. Libraries which have total operating expenditures of less than $50,000 and which receive annually less than $15,000 in State income shall have 2 years from the effective date of this section to comply. Because State aid and Federal funds do not constitute local financial effort, local financial effort will be determined by subtracting the total amount of State aid and Federal funds paid to the library during its fiscal year from the total expenditures of the library that year. The balance remaining shall be regarded as the local effort of the library for that year, less expenditures that are declared ineligible by this chapter. State aid shall be considered fully spent at the end of each year in which it is received by a library.

(3) Statistical report. An annual State statistical report shall be submitted as required by the State Library.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.32 amended under sections 201(15), 204(5) and 303(b) of The Library Code (24 P.S. § § 4201(15), 4204(5) and 4303(b) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)).

The provisions of this § 131.32 adopted June 10, 1969; amended November 21, 1975, effective November 22, 1975, 5 Pa.B. 3024; corrected April 24, 1981, effective February 14, 1981, 11 Pa.B. 1386; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 260. Immediately preceding text appears at serial pages (60496) to (60497).

This section cited in 22 Pa. Code § 131.63 (relating to income from contracts); and 22 Pa. Code § 141.13 (relating to unexpended balances).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.33 Plan for use of State aid.

A payment of State aid may not be made until the library submits a plan for its use in accordance with instructions provided by the State Library and until the plan is approved by the State Librarian. Plans shall be submitted and judged in accordance with Chapter 141 (relating to plans for the use of State aid).

The provisions of this § 131.33 adopted June 10, 1969.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.34 Payment of State aid.

(a) State aid for a municipality shall be paid only to the library board of directors responsible for service to the municipality, and may be granted only once in any year on the basis of the population of the municipality; provided that, in the case of a municipality served by a library governed, under a home rule charter adopted under the Home Rule Charter and Optional Plans Law (53 P.S. § § 1-101—1-1309), by an agency other than a library board of directors, the aid may be paid to the municipal government. Except as provided in this subsection, State aid for district library service shall be paid only to the board of directors of the library agency designated as a district library center by the State Librarian.

(b) State aid shall be paid as soon as possible after receipt and approval of the application of the library, verification of eligibility, and approval of the plan of the library for its use.

The provisions of this § 131.34 adopted June 10, 1969; amended March 3, 1978, effective March 4, 1978, 8 Pa.B. 487. Immediately preceding text appears at serial page (24574).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.35 Sharing by two or more libraries.

Two or more libraries may divide State aid in accordance with section 417 of The Library Code (24 P.S. § 4417), but State aid shall be paid to only one library board of directors upon approval by the State Librarian of the terms of an agreement previously entered into among the boards of directors of the several libraries.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.135 adopted June 10, 1969.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.36 Reduction of State aid.

The full amount of per capita aid, additional aid, district library center aid and regional library resource center aid authorized by section 303 of The Library Code (24 P.S. § 4303) will be paid if sufficient funds are appropriated by the General Assembly. If an insufficient amount of money is appropriated, each type of aid will be reduced proportionately.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.36 adopted April 21, 1972, effective April 22, 1972, 2 Pa.B. 721.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.37 Change of fiscal year.

If a library wishes to change its fiscal year from that under which it initially qualified for aid as provided in § 131.11(a) (relating to local libraries), it may do so subject to the following conditions:

(1) Prior to the beginning of the fiscal year which it proposes to adopt, the library must file with the State Librarian a request for approval of the change.

(2) If the change is to a fiscal year ending December 31, the local financial effort during the year ending on the June 30 following the end of the proposed fiscal year must equal or exceed the local financial effort during the proposed fiscal year. If the change is to a year ending June 30, the local financial effort of the library during the fiscal year ending December 31 preceding June 30 of the proposed fiscal year must equal or exceed the local effort of the proposed fiscal year. The aid shall be determined by the local financial effort of the old fiscal year if it is smaller than the local financial effort of the proposed year.

(3) If the local financial effort of the old fiscal year is lower than that of the proposed fiscal year, the library shall file another request and again follow the procedure specified in paragraphs (1) and (2) to achieve the change.

(4) Approval by the State Librarian of a request to change a fiscal year will not be final until the local financial effort of the old fiscal year equals or exceeds the local financial effort of the proposed fiscal year. When the approval is final, the adopted fiscal year must remain unchanged for a minimum of ten years.

The provisions of this § 131.37 adopted October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.41 Local library.

A local library initially may apply for State aid for the municipality in which it is located, and for as many of the other municipalities in its direct service area on behalf of which it can qualify for State aid with the required local financial effort. After 5 years of participation in State aid, however, the local library may only qualify for State aid with the local financial effort required for all the municipalities to which it offers its services free of charge.

The provisions of this § 131.41 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.42 Expansion of service area.

A local library may expand its direct service area to receive State aid at any time it is able to meet the local financial effort required of $.00025 times market value of taxable property of the municipality or municipalities added, if it complies with the following conditions:

(1) The municipality or municipalities for which State aid is sought are contiguous to the existing service area for which State aid is received.

(2) No other library has a prior claim to the municipality or municipalities in its own direct service area.

(3) All the municipal authorities affected agree to the inclusion of the municipality in the direct service area of the library.

The provisions of this § 131.42 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.43 Reduction of service area.

A local library may reduce its direct service area by not applying for State aid for municipalities which it plans to exclude from the direct service area to which it gives its services free of charge. The municipal authorities affected shall be so notified.

The provisions of this § 131.43 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.44 Plans for expansion or reduction.

If a library intends to expand or reduce its direct service area it shall perform all of the following:

(1) Notify the municipal authorities of the municipalities affected.

(2) Notify the county library board of directors if one exists within the same county.

(3) Include a description and justification of the action in its plan for the use of State funds submitted for approval by the State Librarian.

(4) Append to the plan for the use of State funds copies of the notification sent to the municipal authorities of the municipalities affected, and to the county library board of directors, if one exists within the same county, and of agreements received from the municipal authorities or county library board of directors.

The provisions of this § 131.44 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.45 County library.

(a) The direct service area of a county library shall be the whole county less those municipalities which form the direct service areas of other local libraries. If a new local library is legally formed within the county, its service area shall be subtracted from the county library service area. Conversely, if a local library ceases to claim a municipality in its own direct service area, that municipality shall be added to the county library service area and shall be counted when determining the local financial effort required of the county library for receiving State aid.

(b) A county library may only receive State aid on the basis of the whole county library service area as defined during the year of its application.

The provisions of this § 131.45 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.46 Controversies over service areas.

The State Librarian is authorized to act as arbiter in defining the direct service area of a library in the event a municipality is claimed by more than one library as part of any library service area. In such arbitration, opportunity shall be afforded the municipal authorities of the municipality affected to express their wishes with respect to library service.

The provisions of this § 131.46 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.47 Contracts for fr ee library services.

A board of library directors of a local library or district center library may enter into a contract with the officers of a municipality to provide free library service to the residents and the taxpayers of that municipality or with another board of library directors to provide free service to the residents and taxpayers of all or a portion of the service area for which it is responsible. However, before any such contract is negotiated which would result in a library providing free service to residents of a library district other than the one in which it is situated, notice with opportunity to participate in the negotiation shall be given to the head librarians of the two district library centers involved. The contract shall be effective only upon approval of the State librarian.

The provisions of this § 131.47 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1084.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.51 General.

Cash receipts of a local library, except State and Federal funds that are specifically designated to finance libraries, which are expended for annual public library operating costs shall be allowed as local financial effort, subject to this chapter. Moneys derived from local sources, or from Federal or State sources that are not specifically designated to finance libraries, which are paid directly to employes by a municipal government, or agency thereof, for work in and for a public library shall also be allowed as local financial effort.

The provisions of this § 131.51 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended May 14, 1976, effective May 15, 1976, 6 Pa.B. 1098; amended May 28, 1976, effective May 29, 1976, 6 Pa.B. 1225. Immediately preceding text appears at serial page (24576).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.52 Tax funds.

(a) Library income expended for public library service which derives from local taxes, whether received through a direct library tax or appropriation from the municipal authorities, may be counted as part of local financial effort, but a local library which receives an appropriation from a county library board of directors deriving from county and State funds may count as local financial effort only that proportion of the county library appropriation which derives from county funds and which excludes the proportion deriving from State funds.

(b) County funds may not be counted as part of the local effort of a local library if they are a component of the local financial effort with which the county library or the county library board qualifies for per capita State aid. Per capita aid will be paid to only one library for the expenditure of a given amount of local money.

The provisions of this § 131.52 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended April 21, 1972, 2 Pa.B. 721. Immediately preceding text appears at serial page (3263).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.53 Gifts.

Gifts of money which are expended for public library service may be counted as part of local financial effort, and the monetary value of gifts of books, supplies or other operating materials may be included as part of the local financial effort of the library if the items were purchased specifically for the library. In cases where value for the items is claimed, the library shall have available among its records receipts or invoices which clearly show the cost of the items and indicate that the purchase was made specifically for presentation to the library. The value of gifts in kind not specifically purchased for the library is not allowable as a portion of local financial effort.

The provisions of this § 131.53 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.54 Volunteer labor.

The value of volunteer labor contributed to a library is not allowable as a portion of local financial effort.

The provisions of this § 131.54 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.55 Endowment and investment income.

Library income expended for public library service which derives from endowments or investments may be counted as part of local financial effort, but no funds invested to increase the endowment or investment income shall be allowable as a portion of local financial effort.

The provisions of this § 131.55 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.56 Rental fees.

Library income expended for public library service which derives from rental of the library’s meeting rooms, part of its facilities or real estate holdings may be counted as part of local financial effort, and a library which charges rental fees for books may count that income as part of its local financial effort only if it makes available to its patrons an equal or larger quantity of new, free, informational and recreational materials of a parallel nature to those in the rental collection, or which duplicate the rental collection.

The provisions of this § 131.56 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.57 Nonresident fees.

A library may charge an annual nonresident fee to patrons who do not reside in or are not taxpayers to municipalities from which public funds are received and for which State aid is claimed, and the income may be counted as part of the local financial effort of the library.

The provisions of this § 131.57 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.58 Rented quarters.

Library expenditures for rent paid to a landlord other than the municipal authorities or its own board of library directors may be included as part of the local financial effort of a library. Local effort credit will not be allowed on the estimated or prorated value of annual rent for library quarters occupied without charge.

The provisions of this § 131.58 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (24579).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.59 Shared utilities; janitorial and other services.

In instances where a library shares utilities, supplies, janitorial or other services with a municipality or some other agency, without paying for them, the value of these items may be calculated and included as part of local financial effort. In such instances, however, the statement reporting the value of the items shall be accompanied by a report of the total expenditures by the municipality or other party for the items in which the library shares. The cost of repairs to or alterations of a shared building or to the grounds around it may not be included as local financial effort unless the repairs or alterations are to the part of the building occupied exclusively by the library. The local effort allowed for the shared services covered by the subsection shall not exceed 15% of the library’s total allowable local effort.

The provisions of this § 131.59 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended November 21, 1975, effective November 22, 1975, 5 Pa.B. 3024. Immediately preceding text appears at serial page (6899).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.60 Capital expenditures.

(a) Capital expenditures shall conform with the following:

(1) The amount of capital expenditures included within local financial effort may not exceed 10% of the total operating expenditures of the library. The capital expenditures shall include those made for the following:

(i) Construction and equipment and furnishings for the construction.

(ii) Major renovation which would add to the useable floor space of the library and equipment and furnishings for the added facilities.

(iii) Purchase of real estate for new or rehabilitated library facilities.

(2) The capital expenditures may not include mortgage payments which amount to less than 10% of the total operating expenditures of the library.

(i) The mortgage payments shall be included within the total operating expenditures of the library, but any amount of mortgage payment, other than interest, in excess of 10% of the total operating expenditures of the library shall be counted as capital expenditures and shall not be included when determining local financial effort.

(ii) A portion of a mortgage payment or bond amortization other than interest shall not be included as a component of local financial effort in the case of debt incurred to provide matching funds for a grant under terms of Title II of the Library Services and Construction Act (20 U.S.C.A. § § 355a—355c).

(b) Construction of a new building or major renovation which adds to the useable floor space shall be considered completed during the reporting year of the library when the space is opened for public use. Except for obligations incurred during the period of construction, expenditures for equipment and furnishing of the new facilities made in the year or years following shall be included within the total operating expenditures of the library. Expenditures made for equipment and furnishing of the new facilities made during a library’s reporting year prior to the year construction or renovation begins shall be included within the total operating expenditures of the library.

(c) Interest payments, maintenance of existing library facilities, such as redecoration and repairs, and addition or replacement of equipment and furnishings to be used in existing library facilities shall not be considered capital expenditures but shall be included as operating expenditures when determining local financial effort. Funds expended for the purchase of bookmobiles or amounts set aside annually toward the purchase of bookmobiles, but not both, shall be considered operating expenditures when determining local financial effort.

The provisions of this § 131.60 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial pages (24579) to (24580).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.61 Investments.

Funds invested for library income may not be included as part of local financial effort. The investments include the purchase of stocks, bonds, long and short term notes, real estate acquired for income purposes, deposits in savings accounts or savings and loan associations, or other purchases for income or capital appreciation.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.62 Repayment of loans.

Funds expended for the repayment of cash loans made to a library against anticipated income may not be included as part of local financial effort.

The provisions of this § 131.62 adopted June 4, 1970, effective June 5, 1970, 1 Pa.B. 101.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.63 Income from contracts.

(a) A library which receives money from another library by contract to render services may not include the money as part of its local financial effort if the other library has used it as part of its local financial effort to qualify for per capita State aid or if the money is State or Federal money.

(b) Money paid to and spent by a local library to administer or provide a service outside of its direct service area may not be included as a component of local financial effort.

(c) Income from and expenditures resulting from contracts shall be clearly identified in the report of the auditor or treasurer of the library specified in § 131.32(2) (relating to proof of eligibility) and the statistical report specified in § 131.32(3).

The provisions of this § 131.63 adopted March 29, 1962; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (24580).

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.64 Cost of raising money.

Funds expended to raise or procure money for the library may not be included as part of local financial effort. The expenditures shall include, but are not limited to, the cost of fund campaigns, prizes for lotteries, maintenance costs of income-producing properties, fees paid to tax collectors and administrators of trusts or endowments, and commissions and taxes on the sale or transfer of property.

The provisions of this § 131.64 adopted November 21, 1975, effective November 22, 1975, 5 Pa.B. 3025.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.71 Termination of aid to a local library.

A local library shall cease to qualify for State aid for either of the following reasons:

(1) If, in the sixth year of participation in State aid, the local financial effort has not reached a sum equal to or exceeding $.0005 times market value, or $2 per capita, whichever is less. State aid will not be restored until such time as the local financial effort does reach or exceed $.0005 times market value, or $2 per capita, whichever is less.

(2) If, after 6 years from the first payment of State aid, a local library is unable to achieve the applicable standards of service because its required local financial effort plus State aid is insufficient. Continuation of State aid in such cases shall be subject to the approval by the State Librarian of an extension of time in which to reach the applicable standards, as provided in section 304 of The Library Code (24 P.S. § 4304).

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.71 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.72 Termination of aid to a county library merged or conjoined with a local library.

A county library which is merged or conjoined with a local library shall cease to qualify for per capita State aid for either of the following reasons:

(1) If the merged or conjoined libraries do not have a single library board of directors after 5 years of participation in State aid.

(2) If, in the 11th year of participation in State aid, the local financial effort has not reached a sum equal to or exceeding $.0005 times market value, or $2 per capita, whichever is less. State aid will not be restored until such time as the local financial effort does reach or exceed $.0005 times market value, or $2 per capita, whichever is less.

The provisions of this § 131.72 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.73 Reduction of aid to a local library.

State aid to a local library shall be reduced by the formula specified in section 303(1) of The Library Code (24 P.S. § 4303(1)) if the library fails to increase its local financial effort by the scale of increase set forth in that section.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.73 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.
22 Pa. Code § 131.74 Reduction of aid to a county library merged or conjoined with a local library.

Per capita State aid to a county library which is merged or conjoined with a local library shall be reduced by the formula specified in section 303(3) of The Library Code (24 P.S. § 4303(3)) if the library fails to increase its local financial effort by the scale of increase set forth in that section.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 131.74 adopted March 29, 1962.

History

  • Authority: The provisions of this Chapter 131 issued under sections 102, 201, 205, 302—304 and 417 of The Library Code (24 P.
  • Source: The provisions of this Chapter 131 adopted March 29, 1962, unless otherwise noted.

Chapter 133 Certification of Library Personnel

22 Pa. Code § 133.1 Purpose of certification.

The purpose of certification by the State Librarian is to implement the responsibility to counsel local libraries on minimum standards, as required in section 201(5) of the Library Code (24 P.S. § 4201(5)). Certification is also designed to facilitate recognition of qualified persons by the local library boards of the Commonwealth when employing staff, extending services to larger service areas, and entering into cooperative service arrangements.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 133.1 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial page (6902).

History

  • Authority: The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.
  • Source: The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.
22 Pa. Code § 133.2 Procedure for certification.

(a) Application. Application for certification shall be made in accordance with instructions provided by the State Library.

(b) Examination. Certification examinations will be prepared under the auspices of the State Librarian and shall be offered as often as necessary, but not less than once annually. Applicants for examinations will be notified of the time and place of the examination not less than 6 weeks prior to the date of the examination.

(c) Certificate. Upon successful completion of certification requirements, an applicant will be awarded an official certificate prepared by the State Library, which will be valid without requiring renewal but, upon recommendation of the State Librarian, will be subject to annulment by the Department of Education under section 1211 of the Public School Code of 1949 (24 P.S. § 12-1211). Persons to whom certificates are issued by virtue of the position they held on June 14, 1961, as prescribed in section 201(13) of the Library Code (24 P.S. § 4201(13)), and in § § 133.4(3), 133.5(3) and (4) and 133.6(4) and (5) (relating to professional librarian; provisional librarian; and library assistant), will be certified only so long as they remain in the same category of position held at the time of certification.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 133.2 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial page (6902).

History

  • Authority: The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.
  • Source: The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.
22 Pa. Code § 133.3 Certification committee.

The State Librarian may appoint a certification committee consisting of three members, no more than one of whom shall be an employe of the State Library. The State Librarian shall be an ex officio member of the committee. The certification committee shall advise the State Librarian with respect to all certification matters.

The provisions of this § 133.3 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial page (3269).

History

  • Authority: The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.
  • Source: The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.
22 Pa. Code § 133.4 Professional librarian.

Upon application to the State Librarian a certificate of professional librarian shall be issued if the applicant meets one or more of the following requirements:

(1) Has at least a bachelor’s degree from a 4-year college or university approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools, or equivalent accrediting agency, and has a 5th-year degree in library service from a school approved by the appropriate Commonwealth agency or accredited by the American Library Association.

(2) Successfully passes an examination given under the auspices of the State Librarian demonstrating knowledge and experience equivalent to the academic requirements of paragraph (1).

(3) Was employed on June 14, 1961, as a head librarian in a Commonwealth public library, the individual service area of which contained more than 20,000 persons.

(4) Was employed in a Commonwealth public library on June 14, 1961, in a position which was classified by the employer as requiring a professional librarian.

(5) Is certified as a professional librarian or the equivalent by another state or country, and who, to the satisfaction of the State Librarian has qualifications equivalent to those required of other applicants.

The provisions of this § 133.4 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial page (3269).

This section cited in 22 Pa. Code § 133.2 (relating to procedure for certification).

History

  • Authority: The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.
  • Source: The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.
22 Pa. Code § 133.5 Provisional librarian.

Upon application to the State Librarian, a certificate of provisional librarian will be issued if the applicant meets one or more of the following requirements:

(1) Has at least a bachelor’s degree from a 4-year college or university approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools, or equivalent accrediting agency, and has completed at least 12 credit hours of courses in library service at institutions approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools or equivalent accrediting agency.

(2) Successfully passes an examination given under the auspices of the State Librarian demonstrating knowledge and experience equivalent to the academic requirements of paragraph (1).

(3) Was employed on June 14, 1961, as a head librarian in a Commonwealth public library, the individual service area of which contained from 10,000 to 19,999 persons.

(4) Was employed in a Commonwealth public library on June 14, 1961, in a position which was classified by the employer as requiring a provisional librarian.

(5) Is certified as a provisional librarian or the equivalent by another state or country, and who, to the satisfaction of the State Librarian has qualifications equivalent to those required of other applicants.

The provisions of this § 133.5 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial pages (3269) to (3270).

This section cited in 22 Pa. Code § 133.2 (relating to procedure for certification).

History

  • Authority: The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.
  • Source: The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.
22 Pa. Code § 133.6 Library assistant.

Upon application to the State Librarian a certificate of library assistant will be issued if the applicant meets one or more of the following requirements:

(1) Has completed at least 2 academic years of college education in an institution approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools, or equivalent accrediting agency, and has successfully completed 9 credit hours of courses in library service at institutions approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools or equivalent accrediting agency.

(2) Has completed at least two academic years of college education in an institution approved by the appropriate Commonwealth agency or accredited by the Middle States Association of Colleges and Secondary Schools, or equivalent accrediting agency, and has completed a minimum of one year of in-service training in library work that has been approved by the State Librarian.

(3) Successfully passes an examination given under the auspices of the State Librarian demonstrating knowledge and experience equivalent to the requirements in paragraph (1) or (2).

(4) Was employed on June 14, 1961, as a head librarian in a Commonwealth public library, the individual service area of which contained 9,999 persons or less.

(5) Was employed in a Commonwealth public library on June 14, 1961, in a position which was classified by the employer as requiring a library assistant.

(6) Is certified as a library assistant or the equivalent by another state or country, and who, to the satisfaction of the State Librarian has qualifications equivalent to those required of other applicants.

The provisions of this § 133.6 amended October 4, 1985, effective October 5, 1985, 15 Pa.B. 3503. Immediately preceding text appears at serial pages (3270) and (56579).

This section cited in 22 Pa. Code § 133.2 (relating to procedure for certification); and 22 Pa. Code § 141.21 (relating to local libraries).

History

  • Authority: The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.
  • Source: The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.
22 Pa. Code § 133.7 Reciprocity with other states.

Upon application to the State Librarian, persons holding equivalent certification from other states and countries which have entered into reciprocal agreements with the State Librarian to give full faith and credit to Pennsylvania certificates may be certified as professional librarians, provisional librarians, or library assistants without having to pass a written examination.

History

  • Authority: The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.
  • Source: The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.
22 Pa. Code § 133.8 In-service training programs.

Libraries, library schools, colleges, universities and library extension agencies which develop in-service training programs of systematic on-the-job instruction in library work designed to meet the certification requirements set forth in this Chapter shall submit the plans for the programs to the State Librarian for approval if such programs are intended to satisfy certification requirements.

History

  • Authority: The provisions of this Chapter 133 issued under section 201(13) of The Library Code (24 P.
  • Source: The provisions of this Chapter 133 adopted October 21, 1963, unless otherwise noted.

Chapter 135 Library Traineeships

22 Pa. Code § 135.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Approved graduate library school—Any graduate library school inside or outside of this Commonwealth which is accredited by the American Library Association. Approved Pennsylvania library—Any library in this Commonwealth which complies with the following conditions:

(i) When the salary of a library trainee is paid with Federal funds the approved library is required to provide public library services under section 303 of The Library Code (24 P.S. § 4303) and meet the conditions for use of such Federal funds.

(ii) The State Librarian may limit the number of library trainees employed by a single library and he shall approve the position accepted by the library trainee as long as the trainee is under contract with the Commonwealth. Full-time employment—The work week regarded as full-time by the State Library or by the approved Commonwealth library in which the trainee is serving under agreement with the Commonwealth, not to be less than 35 hours. Library trainee—A person selected and employed by the State Library in the personnel classification of library trainee and who receives on-the-job training for no more than one calendar year in an institution of higher education as a candidate for a graduate degree in library service.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

This section cited in 22 Pa. Code § 135.6 (relating to contract for employment by State Library).

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.
22 Pa. Code § 135.2 Applications.

Applications for examination for library trainee will be furnished by the Civil Service Commission of the Commonwealth.

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.
22 Pa. Code § 135.3 Eligibility.

Eligibility to take the examinations for library trainee shall be determined by the Civil Service Commission of the Commonwealth and shall include the conditions for employment set by the Commission for the State Library.

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.
22 Pa. Code § 135.4 Examination.

Written and oral examinations for library trainees shall be conducted by the Civil Service Commission of the Commonwealth and shall be designed to show aptitude for learning the principles and practices of library science rather than to demonstrate previous knowledge of the field.

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.
22 Pa. Code § 135.5 Selection.

Candidates for library trainee shall be selected by the State Librarian from an employment list established by the Civil Service Commission of the Commonwealth which ranks successful candidates in order of final earned ratings.

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.
22 Pa. Code § 135.6 Contract for employment by State Library.

A candidate selected for and accepting employment as a library trainee shall execute a contract with the Commonwealth whereby he promises to comply with the following:

(1) Attend an approved graduate library school as a full-time candidate for a master’s degree in library service.

(2) Perform full-time employment for the Commonwealth, as defined in § 135.1 (relating to definitions).

(3) Accept the penalties specified in § 135.9 (relating to penalties) for failure to comply with the terms of the contract.

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.
22 Pa. Code § 135.7 Phase I, on-the-job training.

(a) During the first year as a library trainee, the trainee shall attend as a full-time student an approved graduate library school to be selected by the library trainee. For those library trainees paid from funds received, under the Library Services and Construction Act (20 U.S.C.A. § 351 et seq.), the course of study shall be directed toward public librarianship. The course of study, in any case, shall lead to a master’s degree in library service within one calendar year or within the normal duration of time required by the school to attain a master’s degree except that any library trainee who must discontinue his academic courses due to sickness, pregnancy, accident, military duty, or any reason beyond his control, may upon approval of the State Librarian be continued as a library trainee on an inactive basis, and at a later time resume full-time academic work. In such a case, the library trainee shall be dropped from the State Library payroll until he resumes active status. The State Librarian will decide the length of time such person is to be continued on such an inactive basis and such time shall not be counted for purposes of computing the duration of services required to be performed by the library trainee.

(b) To remain on the State Library payroll as a library trainee, the trainee shall maintain academic standing satisfactory to the proper authorities of the graduate library school and leading to graduation within the normal duration of time required by the school to obtain a master’s degree. If such satisfactory standing is not maintained, the library trainee shall be subject to the penalties described in § 135.9 (relating to penalties). If the trainee selects a school requiring more than one calendar year to attain a master’s degree, he shall be reimbursed by the State only for his first calendar year as a master’s degree student.

(c) No library trainee shall retain trainee status if he voluntarily drops from the State Library payroll. In such a case he shall be subject to the penalties described in § 135.9.

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.
22 Pa. Code § 135.8 Phase II, service in the interest of the Commonwealth.

(a) Within six months of receiving a master’s degree in library service and of being dropped from the State Library payroll as a library trainee, the library trainee shall commence to fulfill his contractual obligation to the Commonwealth by performing full-time library duties in an approved Commonwealth library for a period twice the length of time the library trainee is on the State Library payroll as a library trainee, but not to exceed two years, except as follows:

(1) Any library trainee who has graduated from a graduate library school and has accepted employment in an approved Commonwealth library but who cannot continue such employment because of sickness, pregnancy, accident, military duty, or because of any reason beyond his control, may upon approval of the State Librarian postpone fulfilling such contractual obligation and shall be continued on an inactive basis. At a later time such library trainee may resume employment and satisfy any remaining obligation, provided such obligation is fully satisfied within no more than two years from being reinstated on an active basis.

(2) In such cases the State Librarian shall decide the length of time such person is to be continued on an inactive basis, and such time shall not be counted for purposes of computing the duration of services required to be performed by the library trainee.

(b) If the library trainee fails to meet the obligation specified in subsection (a) and to fulfill the terms of his contract with the Commonwealth he shall be subject to the penalties described in § 135.9 (relating to penalties).

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.
22 Pa. Code § 135.9 Penalties.

(a) Any library trainee found to be in breach of the contract he has executed with the Commonwealth for any of the reasons set forth in this chapter or for any other reason shall be subject to the penalty outlined under the terms of the contract he has executed with the Commonwealth.

(b) The library trainee shall commence refunding the Commonwealth funds within six months after being notified by the State Librarian that the obligation of refunding has accrued.

(c) For the purpose of insuring that the investment of the Commonwealth in the training of the library trainee is not wasted or lost, and that the purposes of the traineeship program are not frustrated, the library trainee shall refund all of the training costs paid to the graduate library school in his name. Repayment shall be exonerated on a prorated basis for each month of service completed.

This section cited in 22 Pa. Code § 135.6 (relating to contract for employment by State Library); 22 Pa. Code § 135.7 (relating to Phase I, on-the-job training) and 22 Pa. Code § 135.8 (relating to Phase II, service in the interest of the Commonwealth).

History

  • Authority: The provisions of this Chapter 135 issued under sections 201(15) and 205—208 of The Library Code (24 P.
  • Source: The provisions of this Chapter 135 adopted March 5, 1970, unless otherwise noted.

Chapter 137 Use of the State Library

22 Pa. Code § 137.1 Purpose of the State Library.

The purpose of the State Library is to provide information and foster continuing education by:

(1) Making available all library materials of the State Library for use by libraries, agencies of State and local government and to the public generally.

(2) Coordinating a statewide system of local libraries.

(3) Providing advice and counsel to local libraries, district library centers, and regional resource centers, municipalities and groups on the development and improvement of library service.

(4) Inspecting local libraries, district library centers and regional resource centers.

History

  • Authority: The provisions of this Chapter 137 issued under sections 201, 415, 426 and 427 of The Library Code (24 P.
  • Source: The provisions of this Chapter 137 adopted September 9, 1968, unless otherwise noted.
22 Pa. Code § 137.2 Penalties.

Penalties for the nonreturn, loss or damage of library materials borrowed from the State Library will be as follows:

(1) Overdue library materials. The State Librarian may levy a penalty of up to 10¢ for each day a book, phonograph record album, or other piece of library materials is not returned by a library borrower after the book, record album, or other piece is due to be returned. The total penalty per item will not exceed $10. The State Librarian will determine in which divisions or sections of the State Library such penalties will be levied, and will draw up such additional rules as may be necessary to enforce this paragraph.

(2) Lost library materials. The State Librarian shall collect from library borrowers who lose materials a sum of money sufficient to reimburse the Commonwealth for such loss, the amount to be determined by the cost of replacing the lost material.

(3) Replacement of library materials. In the event of lost or damaged library materials, the State Librarian may require that the borrower provide replacement copy or suitable substitute copy. Such replacement or substitution copy shall be determined by the State Librarian.

(4) Failure to pay. Failure on the part of State Library borrowers to pay required penalties shall result in loss of borrowing privileges until such time as penalties are paid. The State Librarian may develop such additional guidelines for enforcing this provision as may become necessary.

The provisions of this § 137.2 issued under section 201(2), (9) and (15) of The Library Code (24 P.S. § 4201(2), (9) and (15)) (Repealed; replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code)).

The provisions of this § 137.2 amended December 30, 1982, effective January 1, 1983, 13 Pa.B. 16.

History

  • Authority: The provisions of this Chapter 137 issued under sections 201, 415, 426 and 427 of The Library Code (24 P.
  • Source: The provisions of this Chapter 137 adopted September 9, 1968, unless otherwise noted.

Subpart B Advisory Council on Library Development

Chapter 141 Plans for the Use of State Aid

22 Pa. Code § 141.1 Local libraries.

(a) The purpose of financial assistance to local public libraries by the Commonwealth is to encourage and enable the improvement of public library service throughout this Commonwealth and thereby to fulfill those educational, informational, and recreational needs of its residents served by public library agencies. In order that State funds shall be applied to this end, section 304 of The Library Code (24 P.S. § 4304) requires that each library applying for State aid shall submit plans for use of the funds leading to the achievement of applicable standards after five years of participation in State aid.

(b) Plans for the use of State funds shall be related to the improvement of library service, and such improvement can only be measured in relation to applicable standards of service. Although section 303 of The Library Code (24 P.S. § 4303) does not fix minimum standards of library service, the State Librarian is authorized by section 201(5) of The Library Code (24 P.S. § 4201(5)) ‘‘to counsel local libraries on minimum standards for number and quality of library staff, resources of books and other materials, location of new libraries, hours and physical facilities.’’

(c) Section 303 of The Library Code also states that ‘‘State-aid shall be paid when a library achieves the applicable standards determined by counseling with the State Librarian pursuant to the advice and recommendations of the Advisory Council on Library Development, or submits plans as set forth in Section 304 of this Act leading to the achievement of such standards . . . ,’’ and section 304 (24 P.S. § 4304) provides ‘‘libraries qualifying for aid shall have five years to achieve applicable standards. Further extensions of time may be permitted with the approval of the State Librarian acting under regulations made by the Advisory Council.’’

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.2 District library centers.

(a) The primary purpose of State aid to district library centers is to enable such libraries to exercise leadership in developing a coordinated system of library services among all the local libraries of a district which will bring maximum diversity, quality and use to all the residents of the district.

(b) Such State aid is intended to provide services and resources beyond those which a district library center offers as a local library and for which it is receiving State financial assistance. While the extent of district services and activities shall be related to the amounts of State funds available, each district library center receiving State aid shall offer reference services to all persons and local libraries, and interlibrary loan services through local libraries applying therefor and take steps toward meeting all of the criteria specified in § 141.22 (relating to district library centers).

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.3 Regional library resource centers.

The purpose of State aid to regional library resource centers is to enable such libraries to build up major research collections in a planned and joint relationship and to make such specialized materials and services available to all the residents of this Commonwealth under rules and regulations promulgated by a board consisting of the head librarians of all regional library resource centers and under the chairmanship of the State Librarian.

The provisions of these § § 141.11—141.15 adopted October 7, 1963, unless otherwise noted.

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.11 Submission of plan.

(a) Plans for the use of State funds shall be submitted in accordance with instructions provided by the State Library.

(b) The plan shall cover the calendar year in which the library applies, or the calendar year immediately following, or the fiscal year (July 1 through June 30) which contains the date in which State aid is received.

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.12 Prohibited expenditures of State funds.

State funds shall not be expended for any of the following purposes:

(1) Payment of rent to any municipality or to the library board of directors.

(2) Investment purposes, including stocks, bonds, long term notes, real estate for income or appreciation or any expense in connection with such real estate already owned, or for any other purchases for long term income or capital appreciation.

(3) Any library expenditure prohibited under The Library Code (24 P.S. § § 4101—4503).

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.13 Unexpended balances.

State aid is intended for expenditure during the year covered by the library’s plan for its use, but if an unexpended balance does remain the library shall perform the following:

(1) Indicate such unexpended balance of State funds within its financial report required under § 131.32 (relating to proof of eligibility).

(2) Submit to the State Library for approval an amended plan for the use of these funds, or include such unexpended balance of State funds within its plan for the use of the next payment of State aid.

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.14 Amendments to plan.

A library board of directors may submit amendments to its plan for the use of State funds for approval by the State Librarian at any time during the period covered by the plan. Approval of amendments to a library’s plan shall be subject to the same considerations as those applied to the original plan.

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.15 General nature of plan.

The plan for use of State funds need not be for special or extraordinary projects. It may represent a simple program to add State funds to local funds for the purpose of increasing expenditures for books, salaries, operating expenditures, or capital expenditures, and to join in the cooperative practices of the district library center system of the library’s district. The State aid may be apportioned to any use which leads to the library’s increased effectiveness or efficiency over and above the level reached the preceding year. The plan should include a statement of how the library board of directors expects the intended use of State funds to improve the quality of the services of the library.

The provisions of these § § 141.21—141.23 adopted December 4, 1969, unless otherwise noted.

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.21 Local libraries.

In approving and disapproving plans for the use of State funds by local libraries, decisions of the State Librarian will be determined by the following criteria:

(1) System participation. Whether the plan includes participation in a cooperative system of existing and new libraries organized around a district library center. For any plan to be approved, the library shall meet the minimum standards of system participation.

(2) Achievement of standards of services. Whether the plan leads toward the achievement of the following applicable standards:

(i) Structure and government of library service. The structure and government of library service shall conform with the following:

(A) The library shall have a clear legal basis for establishment, organization, and financial support, in the case of a library established at public expense under The Library Code (24 P.S. § § 4101—4503).

(B) Except where, pursuant to a home rule charter adopted pursuant to the Home Rule Charter and Optional Plans Law (53 P.S. § § 1-101— 1-1309), a local library is governed by an agency other than a library board of directors, board members shall be appointed by the municipal officers of each municipality contributing to the support or aiding in the maintenance of a local library in accordance with section 411 of The Library Code (24 P.S. § 4411). A municipality is judged to contribute to the support or to aid in the maintenance of a local library when it appropriates to the library annually an amount of money which is equivalent to 15% or more of the yearly income of the library from all local municipal sources. In the case of a local library established prior to June 14, 1961, each municipality which contributes to the support or aids in the maintenance of the local library shall appoint a number of members to serve on the board of library directors as is mutually agreed upon by such municipalities, provided that no single municipality shall be required to appoint more than two board members, and provided, further, that the appointment of board positions agreed to by such municipalities shall be subject to the approval of the State Librarian.

(C) The library shall be an integral part of general local government.

(D) Each municipality which maintains a local library or which contributes to the support or aids in the maintenance of a local library within the meaning of clause (B) of this subparagraph shall pass an ordinance or resolution establishing or designating the library to be the agent of the municipality to provide library service in accordance with section 415 of The Library Code (24 P.S. § 4415). If the library was not established by the municipality, the library board shall pass a resolution accepting the designation.

(E) The public library shall report annually to the municipality.

(F) The library board shall commit the library, by resolution, to participation in the district library center cooperative program.

(G) The function of the library board and the librarian and staff shall be clearly differentiated in a written statement.

(ii) Service. Library service shall be as follows:

(A) The library shall maintain well-planned hours of service.

(B) The library shall establish a regular schedule of hours which permits all citizens of the community easy access to the materials and services of the library.

(C) The library shall be open for service weekly in accordance with the following minimums:

(D) The library shall complete and submit within the prescribed time limit the annual report form and other forms required by the Bureau of Library Development of the State Library.

(iii) Library materials. Library materials shall be governed by the following:

(A) The library shall have a written statement of policy covering the selection and maintenance of its collection of library materials.

(B) The library shall provide a well-balanced minimum collection of 1 1/2 currently useful catalogued and classified items per capita; provided that no library shall have a collection of fewer than 15,000 such items.

(C) The library shall receive a balanced collection of currently useful periodicals in accordance with the following minimums:

(iv) Personnel. The retaining of library personnel shall be in conformance with the following:

(A) The following definitions shall apply in this subparagraph:

(I) A staff member is a person regularly used in a year-round job, other than maintenance, which is customary and necessary for the provision of library service.

(II) Full time is at least 35 hours weekly. The time of several individuals who regularly work at least 5 hours weekly in year-round jobs excluding maintenance jobs may be added together and counted as being equivalent to full time or a fraction thereof.

(III) Qualified means that the staff member must have the training, skills and experience necessary to perform the tasks or carry out the responsibilities of the job to which he is assigned and can give evidence of such qualifications. To be qualified, a head librarian must be certified as specified in clause (C).

(B) The library shall have a written personnel policy.

(C) The library shall be administered by a head librarian certified as follows, except that no library shall be deprived of State aid because of having a noncertified head librarian appointed prior to January 15, 1970:

(D) The library shall have a qualified staff member, full time or equivalent, for each 3,500 persons in the direct service area; provided that no library shall use fewer than one full time staff member. In the case of a library which fulfills this standard by use of only one full time staff member, that person must be certified as at least a library assistant in accordance with § 133.6 (relating to library assistant).

(3) Extension of time. Whether an extension of time is needed beyond five years in which to achieve applicable standards of library service. A library may request such extension of time from the State Librarian in accordance with the provisions of section 304 of The Library Code (24 P.S. § 4304). In approving or disapproving a library’s request for an extension of time and continuation of State aid, the State Librarian shall consider the following factors:

(i) Possible enlargement of the service area of the library so as to increase its local financial effort and the amount of State aid for which it would be eligible.

(ii) Possible merger or cooperative agreement with a district library center, a county library, or a nearby local library or group of libraries with which it can share books and other materials, staff services or physical facilities.

(4) Library services to the whole community. Whether the library services are being developed for the community as a whole, rather than for any particular group or age level, the following shall apply:

(i) For a plan to be approved, any local library which provides direct service to schools in the form of bookmobile visits or deposits of classroom book collections shall be required to describe such service in its plans for use of State funds and indicate the percentage of its total expenditures which is devoted to such service to schools.

(ii) In the first year of application for State aid, a library may qualify when it expends more than 20% of its total operating expenditures on direct service to schools only when it submits a plan to reduce its expenditures for direct service to schools to an amount not exceeding 20% of its total operating expenditures within six years of participation in State aid.

(5) Standards of library expenditures. Whether the financial support is adequate to provide the applicable standards of service to its direct service area. Such support shall be measured by an amount equal to or exceeding the local financial effort of $.0005 times market value, or $2.00 per capita, whichever is less, in addition to all State aid to which the library is entitled. Since State aid is intended to supplement and not to substitute for local financial effort, no plan for the use of State funds shall be approved which projects the reduction of the local financial effort for normal, recurring, operating costs from a previous level unless evidence of substantial curtailment of financial ability of the community is accepted by the State Librarian. In the case of a library which has participated in the aid program for more than 5 years, no plan will be approved which projects operating expenditures of less than $15,000 in State and local money.

(6) Expansion of service area. Whether the library should expand the service area to which it gives all its services free of charge. For any plan to be approved which includes projected expansion of direct service area, the plan of the library shall be accompanied by a copy of the agreement with the municipal authorities that the municipality or municipalities be included in the direct service area of such library. Any municipality which is added to a direct service area of a library shall be considered part of that area for a period of not less than 10 years, except when any of the following apply:

(i) Special approval is granted by the State Librarian for excluding such municipality or municipalities from such direct service area.

(ii) The municipal authorities of such municipality or municipalities resolve to withdraw from such direct service area.

(iii) The municipality or municipalities are included in another library service area through merger of two or more libraries or by contractual agreement.

(7) Reduction of service area. Whether the library should reduce the direct service area to which it gives all its services free of charge. For any plan to be approved which includes reduction of service area, the library’s plan shall be accompanied by a copy of the library’s notification to the municipal officers of the municipality or municipalities affected and to the county library board of directors if one exists within the same county. Plans for the use of State funds which include reduction of service area shall not be approved unless the library also plans to cease to give free library service to the residents of the municipality or municipalities affected.

(8) Economical use of public funds. Whether the public funds are used economically and efficiently.

(9) State aid to supplement or stimulate local support. Whether State aid is planned to supplement or stimulate local pride, responsibility, initiative and support, rather than to substitute for them.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 141.21 amended through May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800. Immediately preceding text appears at serial page (56585).

This section cited in 22 Pa. Code § 141.25 (relating to basic standards for local libraries); 22 Pa. Code § 141.26 (relating to basic standards for local library members of a library system); and 22 Pa. Code § 141.28 (relating to basic standards for bookmobiles).

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.22 District library centers.

(a) General. In approving or disapproving plans for the use of State funds for district library center service, decisions of the State Librarian shall be determined by whether or not the library meets or surpasses the minimum standards set forth in subsections (b)—(f) or whether or not the plan leads toward achievement of them.

(b) Structure and government. The structure and government of a district library center shall be as follows:

(1) A district library center is a library designated as such by the State Librarian and the Governor’s Advisory Council on Library Development and which shall receive State aid for the purpose of making resources and services available without charge to all the residents and the taxpayers of its district as specified by section 211 of The Library Code (24 P.S. § 4211).

(2) The library must meet or exceed minimum standards as a local library or a library system and fully qualify for State aid for its direct service area.

(3) There shall be an advisory council to the district center to review the district budget and help develop the district plans, policies, services, and programs. It shall consist of a librarian and trustee from each library in the district, except that districts shall have the option to develop a plan of rotation of local library representation if membership is representative of the various sized local libraries in the district and the various parts of the district, and if local libraries designate their own representative in turn. In such cases, membership shall not be less than 9 members, one of whom must be from the district center board, and shall include at least 30% trustees and at least 30% librarians. It shall meet at least three times a year.

(4) The library shall file with the State Librarian for approval a 5 year plan for the development and provision of district services and resources. The library shall actively seek input on the plan from local librarians and trustees and provide the opportunity for them to participate in its development. Progress on the plan shall be evaluated annually and revisions made as needed. Copies of the plan and an annual review and necessary revisions shall be sent to the State library and local libraries in the district.

(5) The library shall submit appropriate written reports at least annually to the State Library, the member libraries of the district, and the municipalities from which it receives its financial support.

(c) Service. Service shall conform with the following:

(1) The library shall maintain a regular schedule of service which permits all residents and libraries of the district access to the materials and services of the district library center during not less than 64 hours weekly.

(2) Interlibrary reference and information service shall be available for at least the number of hours specified in subsection (c)(1) under the supervision of a librarian with at least a provisional certificate. Equipment for photo-duplication and rapid communication to and from the district library center shall be available.

(3) Direct reference and information and community information and referral shall be available for at least the number of hours specified in subsection (c)(1) under the supervision of a librarian with at least a provisional certificate.

(4) Interlibrary loan service shall be provided to the libraries in the district in accordance with the most current edition of ‘‘Pennsylvania Interlibrary Loan Code.’’ The service shall be supervised by a librarian with a professional certificate and the assistance of appropriate support staff. Provision shall be made for obtaining materials which are not available at the district library center from the regional resource libraries and other libraries. Status Reports shall be available upon request.

(5) The library shall be responsible for developing an interlibrary delivery system using public transportation, special vehicles, or other means if existing public delivery services will not result in delivery within 1 week.

(6) The consultant staff, as provided in subsection (e)(2)(ii), shall visit each local library periodically and shall be responsible for providing professional library knowledge to local librarians and others by means of counselling and continuing education on all aspects of library service including but not limited to the following:

(i) Materials selection and collection development, including weeding.

(ii) Service to special groups.

(iii) Modern library service, administration, library governance, finance.

(iv) Inservice training of local library personnel and trustees.

(v) Implementation and promotion of cooperation among local libraries.

(vi) Provision of public relations programs and materials.

(7) The library shall develop cooperatively with member libraries and disseminate widely to the public, information about district library center services and the need for library services in the district.

(d) Materials. Materials shall conform with the following:

(1) The library shall have on file at the State Library a written statement of policy covering the selection and maintenance of its collection of library materials with emphasis on its role as a resource center for the district.

(2) The library shall provide a currently useful collection large enough to meet the demands based on district population size but in no case to be less than 75,000 cataloged items.

(3) The library shall maintain a currently useful noncirculating collection of reference materials.

(4) The library shall receive regularly a balanced collection of periodicals to meet the responsible demands based on district population size but in no case be less than 125 titles.

(5) The library shall have a minimum of 300 16MM film titles or equivalent audio-visual media in its collection or accessible within the district for circulation.

(6) No less than 12% of the total operating budget of the library shall be spent on materials. A minimum of at least 5.0% of the materials budget of the library shall be allocated for audiovisual materials.

(e) Personnel. Personnel policy shall be in accordance with the following:

(1) The library shall have a written personnel policy which includes job descriptions and classifications, a pay schedule, a retirement plan, fringe benefits, grievance procedures and a commitment to affirmative action.

(2) The library shall fulfill local library or system standards on the number of staff and provide full-time professional positions as set forth in this subsection, provided that the qualifications do not apply to employes appointed to the positions prior to December 13, 1977, the date of final adoption of this subsection:

(i) Library administrator. The library administrator shall be a librarian with a professional certificate with at least 5 years of public library experience, including a minimum of 2 years supervisory experience or its equivalent.

(ii) Consultant staff. Each consultant shall be a librarian with a professional certificate and have a minimum of 2 years public library experience or its equivalent. The library shall provide consultant services to local libraries, municipal officers, and interested groups in the district. The district library center shall employ not less than one full-time consultant librarian and such additional consultant staff that is necessary to carry out the library’s plan for district library service. If fewer than five local libraries are in the district, the consultant librarian may be assigned not more than half-time to other professional duties related to district library center activities.

(iii) Responsibility for the following functions shall be assigned to or supervised by personnel with a professional librarian’s certificate:

(A) Collection management.

(B) Information services.

(C) Interlibrary loan service.

(D) Children, young adult and adult services.

(E) Technical service.

(iv) Responsibility for the following functions shall be assigned to personnel with training or experience in their fields:

(A) Audiovisual materials and programs.

(B) Public relations.

(f) Facilities. The library facilities shall be capable of housing the collection, staff and services as listed in the district plan for service and indicated by the standards.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 141.22 amended through August 31, 1984, effective September 1, 1984, 14 Pa.B. 3155. Immediately preceding text appears at serial pages (62253) and (62257).

This section cited in 22 Pa. Code § 141.2 (relating to district library centers).

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.23 Regional library resource centers.

In approving or disapproving plans for the use of State funds for regional library resource center service, decisions of the State Librarian shall be guided by whether the plan for the use of such State aid is in accord with the objectives agreed upon by the board of head librarians of regional library resource centers and such rules and regulations as such board may promulgate.

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.24 Library systems.

(a) General. In approving or disapproving plans for the use of State funds by library systems, decisions of the State Librarian shall be determined by the criteria set forth in subsections (b)—(g).

(b) Definitions. The following definitions shall apply to library systems:

(1) The term library system shall apply to an organization of two or more independent libraries serving not less than a total of 25,000 people which have voluntarily agreed to participate and have delegated the policy making functions to a system board of directors.

(2) A library system may have units and agencies consisting of the following:

(i) Headquarters or central library unit. The principal resource unit and administrative center of the system.

(ii) Nonheadquarters units: Nonheadquarter units may include the following:

(A) Federated or associated local libraries. Local libraries which have agreed to participate in a county, township, or school district public library system from which some or most of its financial support is derived in the form of money, library materials, personnel or services.

(B) Branch. A unit with separate quarters, a permanent basic collection of books, a permanent staff and a regular schedule, administered from a central unit.

(C) Reading station/center. A unit with separate quarters and limited reader services, minimum basic collection supplemented by rotating collections, a permanent staff, and administered from a central unit.

(D) Deposit station. An outlet, usually housed in shared quarters, having no permanent collection or staff and administered by the central unit.

(E) Bookmobile. A vehicle especially designed to carry books and other library materials. It may serve not only as a traveling library branch but also as a guide for the location of future branches and reading stations. Bookmobiles serve populations of varying size and maintain regular schedules of community stops throughout the system.

(3) A municipality is judged to contribute to the support or aid in the maintenance of a library system when it appropriates to the library system annually an amount of money which is equivalent to 15% or more of the system’s yearly income from all local municipal sources.

(4) Effective service area shall be construed to be the geographic area from which come 60% of the unit’s registered borrowers and usage.

(5) Full time is at least 35 hours per week. The time of several individuals who regularly work at least 5 hours weekly in year-round jobs, excluding maintenance personnel, may be added together and counted as being equivalent to full time or a fraction thereof.

(6) A staff member is a person regularly used in a year-round position, other than maintenance, which is customary and necessary for the provision of library service.

(7) Qualified means that the staff member must have the training, skills, and experience necessary to perform the tasks or carry out the responsibilities of the job to which he is assigned and can give evidence of such qualifications. To be qualified, the administrator of a system and the head librarian of each unit of the system must be certified as specified in subsection (f)(2).

(c) Structure and government of library systems. The structure and government of library systems shall conform with the following:

(1) The structure of the library system shall be determined by those units or agencies comprising the system so long as the system shall be established, organized, and financially supported in conformity with The Library Code (24 P.S. § § 4101—4503), which is the authority for establishing library service at public expense.

(2) System board members shall be appointed by the municipal officers of each municipality contributing to the support or aiding in the maintenance of a library system in accordance with section 411 of The Library Code (24 P.S. § 4411).

(i) In the case of a Library System established prior to June 14, 1961, each municipality which contributes to the support or aids in the maintenance of the system shall appoint a number of members to serve on the board of library directors of the system as is mutually agreed upon by such municipalities; provided that no single municipality shall be required to appoint more than two board members and provided, further, that the apportionment of board positions agreed to by such municipalities shall be subject to the approval of the State Librarian.

(ii) In the case of a library system which receives no contribution in support or aid in maintenance from a municipal government, the system board shall consist of not less than five nor more than nine members selected or appointed as the participating libraries may agree. The apportionment of members and the method of appointment or selection shall be subject to the approval of the State Librarian. The first members shall be appointed or selected as nearly as may be 1/3 for 1 year, 1/3 for 2 years and 1/3 for 3 years. All subsequent appointments or selections to fill the places of those whose terms have expired shall be for a term of three years. Vacancies shall be filled for the unexpired terms. In the event that a municipality subsequently begins to contribute to support of the system, the system board shall be reorganized to comply with the provisions of subparagraph (i).

(3) The system shall have written agreements of participation between the system board and each local library which is a member of the system, in which the obligations, services, and contributions of each party shall be stated.

(4) The system board shall have and shall file with its local agencies and the State Library of Pennsylvania a written plan for system-wide service and development. The plan shall be reviewed annually and amended as necessary and shall include in its overall objectives specifications for programming and services to increasingly meet the needs of the public. Each resident of the system service area must be provided with direct and convenient access to library services.

(5) The annual operating expenditures of the total system must be equivalent to the State aid for the total population in the total service area of the system and the amount of local effort necessary to qualify for that aid as provided in section 303(1) and (3) of The Library Code (24 P.S. § 4303(1) and (3)), but, in no event, shall such operating expenditures be less than $50,000.

(6) The library system shall be an agency of local governments.

(i) Each municipality which maintains a library system or which contributes to the support or aids in the maintenance of a library system within the meaning of subsection (b)(3), shall pass an ordinance or resolution establishing or designating the library system to be the agent of the municipality to provide library services to the residents and taxpayers thereof in accordance with section 415 of The Library Code (24 P.S. § 4415). If the library system was not established by the municipality, the system board shall pass a resolution accepting the designation.

(ii) The system board shall make written financial and statistical reports at least quarterly to its municipalities and other funding agencies and to the member units of the system.

(7) The system board shall commit the system, by resolution, to participation in the District Library Center Cooperative Program.

(8) The functions of the system board and of the system administrator shall be clearly differentiated in a written statement.

(9) The board shall develop criteria for membership in the system and adopt policies that will be applicable throughout the system.

(10) The system administrator and the heads of the participating units shall meet at least bi-monthly to consider system services and activities.

(d) Services. Library system services shall include the following:

(1) Each unit within the system shall provide free access including free lending and reference services to all residents of the system’s total service area.

(2) The units within the system shall maintain well-planned hours of service which will permit all residents of the system’s community convenient access to library materials and services.

(3) The library system shall be open for services weekly in accordance with the following minimums:

(4) The system shall develop an interlibrary loan service among the members of the system which will assure a status report or delivery of the item requested within three days after receipt of the request.

(e) Library materials. The library system shall conform with the following regarding library materials:

(1) The system shall have a written statement of policy governing selection and maintenance of library materials.

(2) The system as a whole shall provide a well-balanced collection of not less than one title per capita and not less than 1 1/2 currently useful items per capita using the population of the system as the basis for determining the total required; provided that no system shall be required to have more than 100,000 titles. The holdings of all units of the system shall be used to arrive at the actual holdings of the system in order to determine compliance with this minimum standard.

(3) The system shall develop rotating collections to supplement the basic collections of the units as required by the system plan.

(4) No unit in a system shall subscribe to fewer than ten periodical titles. The system headquarters unit shall subscribe to a balanced collection of currently useful periodicals in accordance with the following minimums:

(5) The system shall develop and maintain a catalog of acquisitions after the effective date of the standards.

(f) Personnel. The library system shall conform with the following regarding personnel:

(1) The system shall have a written personnel policy.

(2) The system shall be administered by a certified professional librarian with at least two years public library experience including some supervisory experience or its equivalent; provided, however, that no system shall be deprived of State aid because of having a noncertified administrator appointed prior to the effective date of this section. Each unit within the system shall have a head librarian qualified in accordance with its effective service area as follows:

(i) Population up to 5,000. System certified personnel with at least in-service training provided by the system.

(ii) Population 5,000—14,999. Certification at least as a Library Assistant by the State Library of Pennsylvania.

(iii) Population 15,000—19,999. Certification at least as a Provisional Librarian by the State Library of Pennsylvania.

(iv) Population 20,000 and above. Certification as a Professional Librarian by the State Library of Pennsylvania.

(3) The library system shall have one qualified staff member, full time or equivalent, excluding maintenance personnel, for each 4,500 persons in the total service area of the system. One-fifth of the staff shall be certified professional librarians. For systems with populations 100,000 and over, at least 22 staff members, full time or equivalent, excluding maintenance personnel, plus one for every 5,500 persons over 100,000 population, shall be required. In determining compliance with this standard, all staff members, exclusive of maintenance personnel, in all units of the system shall be considered as part of the final total staff.

(g) Facilities. Library system facilities shall conform with the following:

(1) After the effective date of this section, it shall be the responsibility of the system board to review and approve plans for construction, remodeling, or enlargement of units in the system to confirm that the units fulfill the needs of the area served.

(2) Each member unit shall have an outdoor sign stating it is a library.

(3) Each member unit shall have a telephone listing.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 141.24 amended through May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800. Immediately preceding text appears at serial page (56592).

This section cited in 22 Pa. Code § 142.1 (relating to definitions).

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.25 Basic standards for local libraries.

(a) A local library is any free public nonsectarian library—whether established and maintained by a municipality or by a private association, corporation, or group—which serves the informational, educational and recreational needs of all the residents of the area for which its governing body is responsible by providing free access including free lending and reference services to an organized and currently useful collection of printed items and other materials and to the services of a staff trained to recognize and provide for these needs.

(b) The central library unit of a local library is the principal resource library or administrative center.

(c) For a plan to be approved for the use of basic aid provided by section 303(1) of The Library Code (24 P.S. § 4303(1)) and the equal distribution grant provided by section 303(7) of The Library Code (24 P.S. § 4303(7)), a local library shall fulfill the following requirements:

(1) The local library shall be governed as specified in § 141.21(2)(i)(B) (relating to local libraries).

(2) The local library shall qualify for aid for the city, borough, town, or township in which the central library unit is located.

(3) Any municipality for which a local library claims and qualifies for State aid must be claimed by that local library in each year for not less than 10 successive years, and the minimum required local financial effort for such a municipality will be taken into account each year when determining the library’s eligibility for State aid except when any of the following apply:

(i) Special approval is granted by the State Librarian for excluding such municipality from such service area.

(ii) The municipal officers of such municipality resolve to withdraw from such service area.

(iii) The municipality is included in another library service area through merger of two or more libraries or by contractual agreement.

(4) Service shall be provided as follows:

(i) The local library must be open for service at least 20 hours per week during hours which are best suited to the needs of the residents of its service area.

(ii) Ready reference service must be available at all times the local library is open.

(iii) The staff of the local library shall be ready and willing to communicate with the district library center for reference assistance and interlibrary loans.

(iv) The local library shall have a telephone which is listed in the local directory.

(v) The local library shall have a sign which clearly identifies it, from the outside, as a public library.

(5) Library materials shall be provided as follows:

(i) The local library must have in its collection, available on its premises, not less than 6,000 items which are organized by subject and recorded in a manner which makes them easily accessible to the public. These items must be currently useful to the residents of the service area. Libraries with collections of less than 6,000 will not be denied State aid if they can demonstrate the usefulness and vitality of their collections by circulation per capita or collection turnover rate in excess of the average for other libraries of comparable size and service area.

(ii) The local library shall budget and expend annually for the purchase of library materials twice the amount of the equal distribution grant allotted to it. For example, if the equal distribution grant is $900, then the expenditure for library materials in the year of the grant must be not less than $1,800.

(iii) The collection shall be selected to serve the informational, educational, and recreational needs of all residents in its service area.

(iv) The local library shall have a collection of ready reference items of sufficient scope to meet the needs of the residents of its service area.

(v) The local library shall subscribe to and make available for use at least ten different periodicals which are indexed in the Readers Guide to Periodical Literature or other recognized periodical indexes.

(6) Personnel policies shall be as follows:

(i) The local library shall be in the charge of a person who has been trained to recognize and provide for the informational, educational, and recreational needs of the residents of the library’s service area. The training may be provided by the district library center.

(ii) The person in charge shall work on the premises of the local library not less than 20 hours weekly during hours when the library is open for service to the public.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 141.25 adopted May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800.

This section cited in 22 Pa. Code § 141.26 (relating to basic standards for local library members of a library system).

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.26 Basic standards for local library members of a library system.

(a) A local library member of a library system is a local library, as defined in § 141.25(a) (relating to basic standards for local libraries) which has agreed to participate in a county, township or school district public library system from which some or most of its financial support is derived in the form of money, library materials, personnel or services.

(b) For a plan to be approved for the use of the equal distribution grant awarded to a library system on behalf of a member local library as authorized by section 303(7) of The Library Code (24 P.S. § 4303(7)), a local library member of a library system shall fulfill the following requirements:

(1) The local library member shall be governed as specified in § 141.21(2)(i)(B) (relating to local libraries).

(2) The library system shall qualify for basic aid as specified in section 303(1) of The Library Code (24 P.S. § 4303(1)).

(3) Service shall be provided as follows:

(i) The local library shall be open for service at least 20 hours per week during hours which are best suited to the needs of the residents of its service area.

(ii) Ready reference service shall be available at all times the local library is open.

(iii) The staff of the local library shall be ready and willing to communicate with the headquarters library or the district library center, whichever is most appropriate, for reference assistance and interlibrary loans.

(iv) The local library shall have a telephone which is listed in the local directory.

(v) The local library shall have a sign which clearly identifies it, from the outside, as a public library.

(4) Library materials shall be provided as follows:

(i) The local library shall have in its collection, available on its premises, not less than 6,000 items which are organized by subject and recorded in a manner which makes them easily accessible to the public. These items shall be currently useful to the residents of the service area. Libraries with collections of less than 6,000 will not be denied State aid if they can demonstrate the usefulness and vitality of their collections by circulation per capita or collection turnover rate in excess of the average for other libraries of comparable size and service area.

(ii) The local library shall budget and expend annually for the purchase of library materials twice the amount of the equal distribution grant allotted to it. For example, if the equal distribution grant is $900, then the expenditure for library materials in the year of the grant must be not less than $1,800.

(iii) The collection shall be selected to serve the informational, educational and recreational needs of all residents in its service area.

(iv) The local library shall have a collection of ready reference items of sufficient scope to meet the needs of the residents of its service area.

(v) The local library shall subscribe to and make available for use at least 10 different periodicals which are indexed in the Readers Guide to Periodical Literature or other recognized periodical indexes.

(5) Personnel policies shall be as follows:

(i) The local library shall be in the charge of a person who has been trained to recognize and provide for the informational, educational and recreational needs of the residents of the library’s service area. The training may be provided by the administrator of the library system or by the district library center.

(ii) The person in charge shall work on the premises of the local library not less than 20 hours weekly during hours when the library is open for service to the public.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 141.26 adopted May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800.

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.27 Basic standards for branch libraries.

(a) A branch library is a unit with separate quarters, a permanent basic collection of books, a permanent staff, and a regular schedule administered from a central library unit.

(b) The central library unit of a local library or library system is the principal resource library or administrative center.

(c) For a plan to be approved for the use of an equal distribution grant which is awarded to a local library or a library system for a branch library the following requirements shall be met:

(1) The local library or library system shall qualify for basic aid as specified in section 303(1) of The Library Code (24 P.S. 4303(1)).

(2) Service shall be provided as follows:

(i) The branch library shall be open for service at least 20 hours per week during those hours which are best suited to the needs of the residents of its service area.

(ii) Ready reference service shall be available at all times the branch is open.

(iii) The staff of the branch library shall be ready and willing to communicate with the headquarters library or district library center, whichever is most appropriate, for reference assistance and interlibrary loans.

(iv) The branch shall have a telephone which is listed in the local directory.

(v) The branch shall have a sign which clearly identifies it, from the outside, as a public library.

(3) Library materials shall be provided as follows:

(i) The branch library shall maintain a collection of not less than 4,000 items on its premises and shall annually offer a selection of not less than 6,000 different titles which are current and are demonstrably useful to the residents of its service area. The items shall be organized by subject and recorded in a manner which makes them easily accessible to the public.

(ii) The local library or the system shall budget and expend annually for the purchase of library materials for each qualifying branch library twice the amount of the equal distribution grant allotment for that branch. For example, if the equal distribution grant is $900, then the expenditure for library materials for the branch in the year of the grant shall be not less than $1,800.

(iii) The collection shall be selected to serve the informational, educational, and recreational needs of all residents in its service area.

(iv) The branch library shall have a collection of ready reference items of sufficient scope to meet the needs of the residents of its service area.

(v) The branch library shall subscribe to and make available for use at least 10 different periodicals which are indexed in the Readers Guide to Periodical Literature or other recognized periodical indices.

(4) Personnel policies shall be as follows:

(i) The branch library shall be in the charge of a person who has been trained to recognize and provide for the informational, educational and recreational needs of the residents of the library’s service area. The training may be provided by the administrator of the local library or library system of which the branch library is a part or by the staff of the district library center.

(ii) The person in charge shall work on the premises of the branch library not less than 20 hours weekly during hours when the library is open for service to the public.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 141.27 adopted May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800.

This section cited in 22 Pa. Code § 141.28 (relating to basic standards for bookmobiles).

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.
22 Pa. Code § 141.28 Basic standards for bookmobiles.

(a) A bookmobile is a vehicle especially designed and equipped to carry books and other library materials and to function as a mobile library. It maintains a regular schedule of community stops throughout the service area of the local library or library system which operates it.

(b) For a plan to be approved for the use of an equal distribution grant which is awarded to a local library or library system for a bookmobile, the following requirements shall be fulfilled:

(1) The local library or library system shall be governed as specified in § 141.21(2)(i)(B) (relating to local libraries).

(2) The local library or library system must qualify for basic per capita aid as specified in section 303(1) of The Library Code (24 P.S. 4303(1)).

(3) The central library unit as defined in § 141.27(b) (relating to basic standards for branch libraries) must qualify for an equal grant.

(4) Service shall be provided as follows:

(i) The bookmobile shall be at stops not less than 20 hours weekly at times and in locations which afford all residents good access to it and which best suit their needs.

(ii) The bookmobile shall be able to provide some ready reference service.

(iii) The staff of the bookmobile shall be ready and willing to communicate with the headquarters library for reference assistance and interlibrary loans.

(5) Library materials shall be provided as follows:

(i) The bookmobile shall have a shelf capacity of at least 2,000 items and shall offer a selection of not less than 6,000 different titles annually which have currency and are demonstrably useful to all residents of its service area.

(ii) Libraries with bookmobiles shall expend annually, for the purchase of materials for use on each qualifying bookmobile, twice the amount of the equal distribution grant for that bookmobile. For example, if the equal distribution grant is $900, then the expenditure for library materials in the year of the grant must be not less than $1,800.

(6) Personnel policies shall be as follows:

(i) The bookmobile must be in the charge of a person who has been trained to recognize and provide for the informational, educational, and recreational needs of the residents of its service area. The training may be provided by the local library or library system which operates the vehicle or by the district library center.

(ii) At all stops, the bookmobile shall be staffed by a person trained as specified in subparagraph (i), and the person in charge shall work on it during the majority of hours that the bookmobile is at stops.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

The provisions of this § 141.28 adopted May 22, 1981, effective May 23, 1981, 11 Pa.B. 1800.

History

  • Authority: The provisions of this Chapter 141 issued under sections 201(5), (7) and (15), 204(5), 303 and 304 of The Library Code (24 P.
  • Source: The provisions of this § 141.

Chapter 142 Grants for Public Library Facilities

22 Pa. Code § 142.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise: Acquisition—The purchase or lease with an option to purchase of land or buildings for public library uses. Act—The Keystone Recreation, Park and Conservation Fund Act (32 P.S. § § 2011—2024). Administrative expenses—An expenditure of funds, including expenditures of Commonwealth agencies for personnel and other operating costs necessary to accomplish the purposes of the act. Agency—The Department of Education. Commonwealth Libraries—The State Library of Pennsylvania, part of the Department of Education. Development—New construction, improvement, alteration or renovation required for and compatible with the physical development, improvement of land or buildings for public library purposes. Fund—The Keystone Recreation, Park and Conservation Fund established by the act. Indirect costs—Costs including administration or utilities that are not readily identifiable as particular, eligible costs directly related to the project. Land—Real property, including improvements thereon, right-of-ways, water, riparian and other rights, easements, privileges and any other physical property or rights of interest of any kind or description relating to or connected with real property. Library—A free, public, nonsectarian library, whether established and maintained by a municipality or by a private association, corporation or group, which serves the informational, educational and recreational needs of the residents of the area for which its governing body is responsible by providing free access, including free lending and reference services, to an organized and currently useful collection of printed items and other materials and to the services of a staff trained to recognize and provide for these needs. Minor civil division—A city, borough, incorporated town, township, home rule municipality or other local government within a county for which the Department of Labor and Industry provides unemployment statistics. Municipality—A county, city, borough, incorporated town, township, home rule municipality or an official agency created by the foregoing units of government under the laws of the Commonwealth. Actions of an authority or other official agency taken under the act shall be first approved by the participating local governing bodies in that authority or other official agency. Planning—Master site development plans, feasibility studies, maintenance, management plans, and other plans and documents, including long-range plans for the allocation of grants, useful to municipalities and State agencies in the planning, development, operation, protection and management of their public library facilities and programs. Planning may be performed by State agency staff or by outside consultants. Public library—A library, as defined in section 3 of the act (32 P.S. § 2013), or library system, as defined in § 141.24(b)(1) (relating to library systems). Rehabilitation—The improvement or restoration, excluding routine maintenance of existing public library facilities. Routine maintenance—Recurring upkeep needed on a regular basis for physical facilities, including cleaning, minor repair of fixtures or structures, painting, regular servicing of heating, air conditioning or other equipment and landscape maintenance such as lawn care or pruning. Technical assistance—The provision of grant and professional service to municipalities, organizations and citizens, including publications, video tapes, workshops, meetings, phone consultation and written and electronic communication. Third-party in-kind contributions—Property or services that benefit a grant-supported project and that are contributed without charge to the grant recipient by a third-party other than a municipality, a school district or a public library. Third-party costs—Direct expenditures for property or services that benefit a grant-supported project and that are contributed without charge to the grant recipient by a third-party other than a municipality, a school district or a public library.

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.2 Long-range plan.

(a) Commonwealth Libraries, in consultation with the Advisory Council on Library Development, will prepare a 3 to 5 year long-range plan for the allocation of grants available to municipalities for public library planning, acquisition, development or rehabilitation from the Fund. In preparing the long-range plan, Commonwealth Libraries will consult with municipal officials and library representatives. The long-range plan will be reviewed each year by Commonwealth Libraries and modified as need dictates. The long-range plan will include the following components:

(1) A library facility needs assessment, including an analysis of the need in different geographical regions of this Commonwealth and of libraries serving various size municipalities, and a consideration of county library system plans.

(2) An action plan to meet the need for improved library facilities through the use of the Fund and other available moneys.

(3) Commonwealth Libraries’ policies concerning the grants for public library facilities.

(4) A plan for Commonwealth Libraries’ administration of the program, including provision of technical assistance, monitoring of ongoing projects and evaluation of completed projects.

(b) Grants to municipalities for public library planning, acquisition, development or rehabilitation will be made in accordance with the long-range plan.

(c) Commonwealth Libraries will incur administrative expenses to meet costs of activities listed in the component of the long-range plan described in subsection (a)(4), to meet costs of planning, and to meet other costs of grants administration.

(d) Commonwealth Libraries will publish the long-range plan and subsequent modifications to the long-range plan in the Pennsylvania Bulletin.

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.3 Eligible project costs.

(a) Commonwealth Libraries, in accordance with the policies in its long-range plan for library facilities, may provide grants to pay for the following eligible project costs:

(1) Planning.

(2) Acquisition.

(3) Development.

(4) Rehabilitation.

(b) Grants may not be used for the following ineligible costs:

(1) Operating costs of a public library, including costs of purchasing books and other library materials, personnel costs and costs of routine maintenance.

(2) Costs of equipment or software, or both, to automate public library functions and catalogs unless the automation is part of the development or rehabilitation of a public library facility.

(3) Planning, acquisition, development or rehabilitation of facilities that are not public libraries. In the case of shared facilities, the grant and related matching funds may pay only for that portion of the facility to be used as a public library.

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.4 Eligible grantees.

(a) A municipality that intends to plan, acquire, develop or rehabilitate a public library is eligible to apply for a grant.

(b) The public library for which a municipality applies for a grant shall have a formal, legal relationship with that municipality, either by being a department or unit of local government or through a contract describing mutual obligations and responsibilities.

(c) A municipality, alone or in cooperation with other municipalities, is eligible to apply for a grant for a public library funded by local tax revenue or monies raised by the levy of special taxes to establish or maintain, or both, a public library which directly provides public library service, delegates responsibility for public library service to a board of directors, or delegates responsibility for public library service to a nonprofit corporation.

(d) If a public library serves more than one municipality, the municipalities shall come to mutual agreement and designate one to apply for a grant for that library.

(e) When a public libary is sponsored by a school district or any entity other than a municipality, the municipality where the public library is located may apply for a grant for that public library.

(f) The public library that benefits from the grant shall be receiving State aid under Article III of the Library Code (24 P.S. § § 4301—4304) at the time of the grant application and shall continue to receive State aid for the term of the grant. If the public library did not exist prior to the grant-funded project to acquire, plan, develop or rehabilitate its facility, that newly formed public library is eligible for and may apply to receive State aid under Article III of the Library Code when it opens to the public.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.5 Funding guidelines.

(a) Commonwealth Libraries will award grants from the Fund to municipalities to pay up to 50% of eligible public library project costs.

(b) The municipality shall demonstrate that sufficient matching funds from eligible sources are available to meet at least 50% of project costs.

(c) The municipality shall demonstrate that the grant award plus other available funds are sufficient to complete the proposed project.

(d) Commonwealth Libraries will give priority to economically distressed communities in awarding grants meeting 50% of costs and may award grants meeting a smaller percentage of project costs to municipalities whose local economies better enable local support of the project. For purposes of this grant program, in deciding whether a community is considered economically distressed, Commonwealth Libraries will be guided by one or more of the following criteria:

(1) The public library to benefit from the grant received equalization aid in the year of the grant application or will be eligible to receive equalization aid in the year following the grant application under section 303(b)(6) of the Library Code (24 P.S. § 4303(b)(6)).

(2) The municipality is a city, borough, incorporated town or township having a market value per capita below the twentieth percentile of all like cities, boroughs, incorporated town and townships, as certified annually by the State Tax Equalization Board.

(3) The municipality is a county or is located in a county having a personal income per capita below the twentieth percentile of all counties, as certified annually by the Department of Revenue.

(4) The municipality is a county or is located in a county or is a minor civil division with a population of 25,000 or higher having an average annual unemployment rate above the eightieth percentile of all counties or all minor civil divisions, as determined annually by the Department of Labor and Industry.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

This section cited in 22 Pa. Code § 142.6 (relating to eligible matching funds).

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.6 Eligible matching funds.

(a) Commonwealth Libraries may award Federal library construction funds, when available, to pay additional portions of project costs and meet matching requirements of grants awarded from the Fund. Priority for these Federal grants will be given to municipalities in economically distressed communities, using criteria in § 142.5(d) (relating to funding guidelines).

(b) The municipality may use Federal funds, other than those awarded under subsection (a), which are available to it or to the public library, as matching funds, if the Federal funds are not already being used to match another State grant.

(c) The municipality may use State funds, other than those awarded from the Fund, and which are available to it or to the public library, as matching funds, if the funds were not appropriated as compensation to public libraries under the Library Access Statewide Card Program or as library State-aid under terms of Article III of the Library Code (24 P.S. § § 4301—4304).

(d) The municipality may use the following local monies, costs and contributions as matching funds:

(1) Local tax revenues.

(2) Proceeds from local bond issues.

(3) Cash contributions from individuals, corporations and others.

(4) The fair market value of land or buildings provided to the public library by the municipality up to 2 years previous to award of the grant. The market value shall be for the time at which the land or buildings were designated for the public library.

(5) Costs incurred by the municipality or the public library up to 2 years prior to filing of the initial application for the following:

(i) Services of a library building consultant, registered architect, engineering firm used in the development of plans for the project.

(ii) Acquisition of real estate as part of the project.

(iii) Physical site preparation.

(6) Third-party in-kind contributions and third-party costs which conform to the rules in § § 142.7—142.9 (relating to third-party in-kind contributions and third-party costs; valuation of donated services; and valuation of donated equipment, buildings and land).

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.7 Third-party in-kind contributions and third-party costs.

(a) The municipality may use third-party in-kind contributions and third-party costs towards satisfying the matching requirement only when those contributions and costs are directly related to the public library planning, acquisition, development or rehabilitation project. The municipality may not use third-party in-kind contributions and third-party costs for operation of the public library to count towards satisfying the matching requirement.

(b) If third-party in-kind contributions and third-party costs are used as matching funds, the municipality shall be able to verify those contributions and costs from its records or the records of the public library. The municipality shall show from the records how the value placed on third-party in-kind contributions was calculated. To the extent feasible, the municipality shall verify the value of volunteer services by using the same methods that the municipality or the public library uses to support the allocation of its regular personnel costs.

(c) The municipality may use third-party in-kind contributions towards satisfying the matching requirement only when, if the municipality or public library receiving the contributions were to pay for them, the payments would be eligible matching funds.

(d) The municipality may not use third-party in-kind contributions towards satisfying the matching requirement if they represent indirect costs.

This section cited in 22 Pa. Code § 142.6 (relating to eligible matching funds).

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.8 Valuation of donated services.

(a) The municipality shall value volunteer services provided by individuals to the municipality or public library at rates consistent with those ordinarily paid for similar work in the municipality or public library. If the municipality or public library does not have employes performing similar work, the municipality shall use rates consistent with those ordinarily paid by other employers for similar work in the same labor market. In either case, the municipality may include a reasonable amount for fringe benefits in the valuation.

(b) When an employer other than the municipality or public library furnishes free of charge the services of an employee in the employe’s normal line of work, the municipality shall value the services at the employe’s rate of pay exclusive of fringe benefits and the employer’s overhead costs. If the services are in a different line of work, subsection (a) applies.

This section cited in 22 Pa. Code § 142.6 (relating to eligible matching funds).

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.9 Valuation of donated equipment, buildings and land.

(a) The municipality may count as matching funds the market value of donated equipment, buildings or land at the time of donation.

(b) If it is necessary to establish the market value of land or a building, Commonwealth Libraries may require that the market value be established by a certified real property appraiser and that the value be certified by the municipality and by the public library.

This section cited in 22 Pa. Code § 142.6 (relating to eligible matching funds).

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.10 Title to site.

(a) The municipality or public library shall have or obtain a full title or other interest in the site upon which the public library facility is or will be located, including right of access, that is sufficient to insure the undisturbed use and possession of the facility as a public library for 50 years or the useful life of the project to be funded by the grant, whichever is shorter.

(b) If the title to the site upon which the public library facility is or will be located is held by the municipality, the municipal officials shall pass a resolution or ordiniance ensuring the undisturbed use of the facility as a public library for 50 years or the useful life of the project to be funded by the grant, whichever is shorter.

(c) If during the 50-year period, the municipality or public library desires that the facility be used for other than public library purposes, it may request a waiver from the State Librarian. In deciding whether to grant that waiver, the State Librarian will consider the public library’s need for a facility and how that need will be met.

(d) Recipients of grants for public library facilities under the act may not dispose of nor at any time convert property acquired with the grant to other than the purposes approved in the project application without the prior written approval of the Commissioner of Libraries, the State Librarian. If disposition or conversion occurs without prior written approval, the State Librarian may require:

(1) The recipient to refund all grant funds for the particular project, including 10% annual interest compounded four times annually from the date the original grant-in-aid was received until it is repaid.

(2) Acquisition by the recipient of equivalent replacement land, as determined by the State Librarian.

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.11 Beginning the grant project.

Before grant project work is advertised or placed on the market for bidding, the municipality shall get approval from Commonwealth Libraries of final working drawings and specifications.

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.12 Completing the grant project.

(a) The sponsoring municipality shall complete its grant project within a reasonable time.

(b) The municipality shall complete the grant project in accordance with the grant application and approved drawings and specifications.

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.13 Supervision and inspection by the municipality.

In the case of grants for development or rehabilitation, the municipality shall retain a licensed architect or professional engineer for supervising or inspecting at the project site to insure the work conforms to the approved drawings and specifications when the supervision is determined to be necessary by Commonwealth Libraries.

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.
22 Pa. Code § 142.14 Operation and maintenance of facility.

An authorized representative of the grantee shall sign a form provided by the Agency to assure that, when the project is completed, sufficient funds will be available for effective operation and maintenance of the public library.

History

  • Authority: The provisions of this Chapter 142 issued under section 8(a) of the Keystone Recreation, Park and Conservation Fund Act (32 P.
  • Source: The provisions of this Chapter 142 adopted December 13, 1996, effective December 14, 1996, 26 Pa.

Chapter 143 State Document Depositories

22 Pa. Code § 143.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Depository collection—A gathering of official Commonwealth publications in a formally organized library organized either for public use under The Library Code (24 P.S. § § 4101—4503), or for academic use in a state accredited institution of higher education. Publication—Any printed or otherwise reproduced item prepared for distribution to the public, or used within any state agency as a regulatory instrument, including but not limited to documents, pamphlets, studies, brochures, books, annual reports, codes, regulations, journals, periodicals or magazines printed by or for the Commonwealth, its legislature, its courts, its constitutional offices, or any authority, board, commission, department or other State governmental agency or issued in conjunction with, or under contract with, the Federal government, local units of government, private individuals, institutions or corporations.

(Editor’s Note: The Library Code (24 P.S. § § 4101—4503) was repealed by the act of November 1, 2012 (P.L. 1683, No. 210) and replaced by 24 Pa.C.S. Chapter 93 (relating to Public Library Code).)

History

  • Authority: The provisions of this Chapter 143 issued under The Library Code (24 P.
  • Source: The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.
22 Pa. Code § 143.2 Purpose.

The purpose of establishing depository collections of publications of all of the governmental agencies of this Commonwealth in selected academic and public libraries is to make the publications readily available to the citizens of the Commonwealth and to enable the selected libraries to provide information found in the publications to their clientele.

History

  • Authority: The provisions of this Chapter 143 issued under The Library Code (24 P.
  • Source: The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.
22 Pa. Code § 143.3 Eligibility for depository collection status.

(a) State college and university libraries. The main library at each state college or university shall be eligible for designation as a depository collection library.

(b) District library centers. Each library designated as a district library center pursuant to article II, section 211, of the act of June 14, 1961 (24 P.S. § 4211), shall be eligible for designation as a depository collection library.

(c) Regional library resource centers. The four libraries designated as regional library resource centers pursuant to article II, section 209, of act of June 14, 1961 (24 P.S. § 4209), shall be eligible for designation as a depository collection library.

(d) Libraries of State-related universities and colleges. The library at each of the universities and colleges in the Commonwealth which receive annual appropriations from the state and are considered ‘‘State-related’’ shall be eligible for designation as a depository collection library.

(e) U.S. Documents depository libraries. Any library currently designated by the Superintendent of Documents as a depository for Federal documents shall be eligible for designation as a depository collection library.

(f) Other academic libraries. Libraries of other state accredited universities, colleges, junior or community colleges in the Commonwealth shall be eligible for designation as depository collections if the institution’s total student enrollment is over 5,000 or if there are no other libraries designated under subsections (a)—(e) in the county in which the institution is located.

(g) Other public libraries. Other public libraries organized under the provisions of act of June 14, 1961 (24 P.S. § 4201 et seq.), and currently eligible to receive state aid pursuant to article III, section 303 of that act shall be eligible for designation as depository collections provided there are no other libraries in that county designated or eligible for designation under subsections (a)—(f), the library is the central library for a system of public libraries, and the library serves as an extensive regional branch reference library for a large system of libraries.

This section cited in 22 Pa. Code § 143.5 (relating to conditions for designation).

History

  • Authority: The provisions of this Chapter 143 issued under The Library Code (24 P.
  • Source: The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.
22 Pa. Code § 143.4 Number of collections.

The state Librarian shall designate no more than 100 libraries in the Commonwealth as depository collections.

History

  • Authority: The provisions of this Chapter 143 issued under The Library Code (24 P.
  • Source: The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.
22 Pa. Code § 143.5 Conditions for designation.

In addition to the provisions of § 143.3 (relating to eligibility for depository collection status), the libraries to be designated as depository collections shall agree to the following conditions:

(1) The publications received under the depository law must be given the same treatment or cataloging as other similar material purchased or given for the regular library collection.

(2) The depository collection library shall agree to provide free public reference and information service from the Commonwealth publications received as a depository. It shall also agree to house adequately and safely the publications until such time as disposal or return of items is authorized.

(3) The publications received must be made available for the use of any citizen of the Commonwealth whether or not that individual is a resident of the municipality in which that library is located, a registered user of the library, or an enrolled student in the institution.

(4) The publications received must be kept in the depository library’s collection for at least 5 years except those items for which the State Librarian may authorize a shorter retention period. All publications due for disposal shall first be offered to the State Library for return before disposal is carried out.

This section cited in 22 Pa. Code § 143.6 (relating to application for depository collection status).

History

  • Authority: The provisions of this Chapter 143 issued under The Library Code (24 P.
  • Source: The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.
22 Pa. Code § 143.6 Application for depository collection status.

(a) Automatic designation. The State Librarian shall grant depository status to all eligible libraries falling within § 143.5(a)—(e) (relating to conditions for designation) after receiving their agreement to the conditions outlined in § 143.5.

(b) Discretionary designation. Eligible libraries falling within § 143.5 may be requested by the State Librarian to accept depository status within the given conditions in order to further the aims of the publications depository system for geographical comprehensiveness. Other libraries seeking depository status shall address their request by letter to the State Librarian. Such letters of application shall be signed by the head librarian and the board of trustees in the case of public libraries, or the head librarian and the president of the institution in the case of academic libraries. The State Librarian shall respond to the letter of application within 60 days by granting depository status or by clearly explaining by letter the ineligibility of the library for depository status.

History

  • Authority: The provisions of this Chapter 143 issued under The Library Code (24 P.
  • Source: The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.
22 Pa. Code § 143.7 Termination of depository collection status.

(a) Voluntary termination. If a library decides to relinquish its status as a depository collection it shall do so by letter to the State Librarian. The letter must be signed by both the head librarian and the president of the board of trustees in the case of public libraries and the head librarian and the president of the institution in the case of academic libraries. The State Librarian will arrange to halt the shipment of Commonwealth publications to such libraries and make appropriate mutual arrangement to dispose of any unwanted state publications on deposit with the library.

(b) Involuntary termination. If a depository collection library does not comply with the agreed-to conditions, and, after adequate warning, refuses to comply with said conditions, the State Librarian shall terminate depository status and end the shipment of Commonwealth publications to that library. Notice of termination shall be given by a letter explaining the reasons for the termination to the head librarian with a true copy of the letter to either the president of the institution in the case of an academic library or the president of the board of trustees in the case of public library. Return to the Commonwealth of publications on deposit shall be arranged between the State Librarian and the library’s head librarian.

History

  • Authority: The provisions of this Chapter 143 issued under The Library Code (24 P.
  • Source: The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.
22 Pa. Code § 143.8 Role of the State Library.

(a) Receiving publications. Under sections 201 and 425 of act of June 14, 1961 (24 P.S. § § 4201 and 4425) the State Library shall receive copies of all publications of all agencies of the Commonwealth for the maintenance of its own collection, for distribution to the depository collections, and for exchange with out-of-State libraries, the number of copies of each publication may be up to, but not exceed 250 copies.

(b) Listing publications. The State Library shall publish a periodic listing of Commonwealth publications received for its collection. The list shall be distributed to all public and academic libraries in the Commonwealth.

(c) Selecting publications. The State Library will select publications from those received for its own collection and arrange for copies of those selected to be shipped to the depository collections.

(d) Shipping publications. In most cases the Bureau of Publications, Department of Property and Supplies, shall be responsible for the shipment and delivery of Commonwealth publications to depository collections. When the availability of a publication becomes known to either the State Library or the Bureau of Publications, Department of Property and Supplies, the State Librarian may designate it as a depository item and request the Bureau of Publications to distribute it to the depository libraries. If the publication is not stocked by the Department of Property and Supplies, the State Library will seek to obtain a sufficient number of copies for its own collection and for distribution to the depository.

History

  • Authority: The provisions of this Chapter 143 issued under The Library Code (24 P.
  • Source: The provisions of this Chapter 143 adopted April 21, 1972, 2 Pa.

Part X Board of State College and University Directors

Chapter 155 Personnel

22 Pa. Code § 155.1 Generally.

(a) The costs of operating the Pennsylvania State Colleges are generated through essentially four sources: salaries paid and benefits provided for all state college employes; instructional and nonstructional supplies and materials; physical plant maintenance; and specialized auxilliary operations such as student residence halls and campus dining services. Within any stated time period, when these costs are greater than revenues received, the colleges are obligated to bring total expenditures and total revenues into balance.

(b) As of the present time, anticipated expenditures by the state colleges for fiscal years 1975-1976 and 1976-1977 will exceed their anticipated revenues from all sources. This judgment is based upon an extrapolation to 1976-1977 of the current levels and probably rates of increase of costs of current services and supplies, together with a forecast of probable total revenues available throught 1976-1977.

(c) The state colleges cannot risk a delay until next year to initiate a process that will more likely assure the achievement of a balance of revenues and expenses during 1976-1977. A college is a very complex institution to reorganize within a framework of declining capability to finance a group of services and programs. Such a reorganization is a particularly difficult challenge if the college attempts to retain its academic strength and guard its future while simultaneously ‘‘laying off’’ staff, reducing services, and ‘‘scrimping’’ on supplies. But this is the challenge for the state colleges.

(d) Because of the difficult decisions that must be made, and because of the state colleges’ contractual obligations to inform employes by specified calendar dates of the termination of their services, the process of planning for retrenchment at the state colleges must begin immediately, and the decisions resulting from the planning process must be announced formally by September 8, 1975.

(e) For the past two years, the colleges have operated with austerity or semi-austerity budgets. They have sacrificed their supplies and materials inventories and deferred and cancelled physical plant maintenance to a point that neither of these two sources of expenditures represents a significant level of potential cost savings in future years. In fact, further attempts at major savings in these areas may extensively damage the physical and educational resources of the colleges. While a reduction in the auxiliary services offered by a college might result in cost savings, this, too, appears to be of very limited potential for achieving balanced budgets for fiscal years 1975-1976 and 1976-1977.

(f) These regulations are intended primarily to assist the president of each college in the process of determining which positions in the college should be abolished and how the decisions should be made about specific employes who are to be ‘‘laid off.’’ There has already been significant experience at each college in reducing nonpersonnel associated costs. Employe layoff decisions are, unquestionably, the most difficult to make. These regulations, hopefully, will allow the appropriate retrenchment judgments to be made in a manner that reduces as much as possible the inevitably adverse effects of such decisions upon each college.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.2 Retrenchment time table.

(a) Between April 28, 1975, and June 30, 1975. Each college administration shall arrange for Meet and Discuss conferences with employe organization representatives to consider, in accordance with these Regulations, the elimination of the projected budget deficit of the college by reorganizing academic programs and by reducing the total number of currently occupied positions in the college.

(b) By June 30, 1975. Each president shall submit a detailed retrenchment plan to the Secretary of Education. The plan shall include the proposed academic program changes together with the name, class title, and annual salary of each person whose employment will terminate at the end of the regular 1975-1976 academic year of the college.

(c) Between June 30, 1975, and July 14, 1975. Each college administration shall arrange for Meet and Discuss conferences with employe organization representatives to consider, in accordance with these Regulations, the validation of the 12-month retrenchment targets used in the retrenchment plan of the college and to consider recommendations for alternatives to the retrenchments specified in the June 30 plan.

(d) By July 14, 1975. Each president shall submit to the Secretary commentaries about the retrenchment targets issued by the Secretary. The president may include with these commentaries proposals for reducing the number of positions scheduled for retrenchment at the college or proposals for reducing the impact of the retrenchments upon students and their academic status. Such proposals shall be made in accordance with these Regulations, and they must not result in restoration of a budget deficit.

(e) Between June 30, 1975, and August 10, 1975. The Secretary shall arrange for a process of individual review of the retrenchment plans of each college. Each college shall learn of the results of these reviews in a very brief time after presentation of its plan so that appropriate revisions may be made prior to a final submission.

(f) By August 25, 1975. The Secretary shall give final approval to the retrenchment plans at each college and authorize their implementation.

(g) On September 8, 1975. The president of each college shall inform, by certified United States mail, each employe who is to be retrenched. This notification will also include the final date of employment.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.11 The Secretary of Education.

(a) The Secretary shall establish a process for insuring continuous, timely communication concerning retrenchment planning between the department of education and the colleges, including refined interpretations of these regulations.

(b) The availability of convenient, rapid, and accurate telephone advice is anticipated for helping to solve a particular college problem. Written communications through which information will be shared among all of the colleges shall also be distributed.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.12 The budget.

(a) The Secretary shall provide each college with ‘‘retrenchment targets’’ to be used for retrenchment planning.

(b) The retrenchment targets shall relate to the anticipated costs and anticipated funding levels at each college during the 1975-1976 fiscal year. Current estimates indicate that each college will incur a deficit during that fiscal period. It shall further be assumed that the deficit at each college will recur, at the same level, in fiscal year 1976-1977.

(c) Through the retrenchment planning process covered by the guidelines, each college shall insure that the expenditures throughout fiscal 1976-1977 will be at a level that will eliminate the deficit projected in the budget assumptions. Expenditures and revenues at each college shall be in full balance during 1976-1977.

(d) The assumptions upon which the 1975-1976 budget forecasts shall be based will include at least these elements: stable enrollments; a tuition increase in 1975-1976; no change in Federal funding; self-supporting food services; probable future levels of state appropriations, augmentations, and supplemental allocations; restoration of consumable inventories to minimally ‘‘safe’’ levels; the need for payment of unemployment compensation; an arbitrarily assigned percentage of salary increase projection (This percentage will merely ‘‘fill a gap’’ in the forecasts and shall not be considered in any manner as being Commonwealth policy. Should the Commonwealth actually pay a higher rate of salary than appears in these assumptions, then the level of proposed retrenchments will rise; if the actual rate of salary increase is lower than shown, then the expected level of retrenchments will be reduced). A 12-month base will be used for all forecasts. Retrenchment targets have been calculated on the proportion of college expenditures to the total expenditures of the system.

(e) The retrenchment targets will also honor the continuing commitment for additional resources to support the desegregation plan in the state college system.

(f) The fiscal condition of a college will determine the absolute number of positions to be retrenched at that college.

(g) Budget provisions must be made at each college for the payment of unemployment compensation which shall be a charge made directly against the college budget as long as such payments continue as a Commonwealth obligation.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.13 The college president.

(a) The president shall arrange meet and discuss conferences directly with college representatives of APSCUF and, through the secretary of administration, with representatives of other state college employes in organizations having collective bargaining relationships with the Commonwealth.

(b) The initial discussions at the colleges will focus upon the preservation of the integrity of academic programs within the framework of declining fiscal resources. While employes other than faculty will be affected by these discussions at each college, the final decisions about these other positions to be retrenched at a college are substantially influenced by the academic program decisions. Thus, the very first discussions should take place only with APSCUF; then, as academic program decisions begin to be outlined, discussions should be arranged with other employe representatives.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.14 Positions affected.

(a) If positions must be retrenched at a college, the impact shall be distributed among all position classifications of employes specifications of employes specifically. This shall include positions classified as:

(1) State college and university managers

(2) Civil service managers

(3) State college and university administrators

(4) Association of Pennsylvania state college and university facilities, unit II

(5) American Federation of State of county, and municipal employees; Pennsylvania nurses association; United Plant Guard workers of America; Pennsylvania Association of state mental hospital physicians, and federation of state cultural and educational professional units.

(6) Association of Pennsylvania State College and university faculties, unit I

(b) However, the impact shall be equitably applied to each of these classifications in accordance with subsequent regulations.

(c) The established salary range of each position remaining after the implementation of retrenchments shall govern the salary to be paid to a person continuing to hold the position or to a person newly assigned to the position regardless of the salary paid in his former position.

(d) One major effect of any retrenchment decision shall be the reduction of the management structure of each college to the absolutely smallest number of positions required to maintain the programs and services retained in the approved retrenchment plan.

(e) Each college shall attempt to combine management functions and reduce management positions. This may be accomplished partially by collapsing equal level positions of a semi-similar nature into fewer positions.

(f) In each case where an ‘‘assistant’’ position, careful examination shall be made of the assistant position to see if it can be eliminated with the duties included within the‘‘primary’’ position.

(g) Each college shall attempt to identify administrative positions which, while important to the college, are not central to the effective operation of the college operating under a condition of extreme fiscal crisis.

(h) As with management positions, each college shall attempt to reduce the number of positions within an administrative function by collapsing equal level positions and by eliminating ‘‘assistant’’ positions whenever feasible and necessary.

(i) The Secretary shall arrange through the Office of Administration for the publication and distribution of appropriate procedures to be used at the college for notifying these employe organizations, under subsection (a)(5) of the planned termination of employes within these bargaining units.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.15 Documentation.

(a) All existing documents relevant for retrenchment discussions at each college shall be made available when needed for meet and discuss conferences or for related retrenchment planning.

(b) These documents shall include, but not be limited to:

(1) Complete budget documents.

(2) Organization charts and staffing records.

(3) Faculty workload records.

(4) Affirmative action records.

(5) Class sizes listed by individual faculty name.

(6) Enrollment data.

(7) Employe seniority lists.

(8) Academic program information.

(c) Such documents shall be used in the form in which they currently exist, unless the college and employe representatives mutually agree to organize the information in a different form.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.16 Teaching faculty positions.

(a) The retrenchment of teaching faculty positions shall be considered sequentially in accordance with the sub-steps of this regulation, recognizing, however, that each decision made at each step is a tentative one that may be reconsidered at any stage prior to the preparation of the final, proposed college plan. The final decisions with regard to the positions to be abolished and the specific employes to be terminated shall be made by the president who shall give careful consideration to the advice and recommendations made through meet and discuss conferences and other conferences during retrenchment planning. The impacts of retrenchment upon the academic status of students shall be reduced to the smallest levels possible.

(b) In considering retrenchment of teaching positions, to the greatest extent feasible the present comprehensive nature of the college shall be preserved; that is, a full spectrum of the arts, sciences, and humanities shall be available to the level of general education supportive of undergraduate degree programs.

(c) Two priority considerations, however, in the order stated here, shall have precedent value in the final establishment of the academic offerings available subsequent to retrenchment;

(1) First priority consideration. Major new missions adopted by resolution of Board of State College and University Directors (January, 1975) shall be protected. Those disciplines which directly support new mission programs are to be in a favored class. To be ‘‘favored’’ or to be ‘‘protected’’ means either to escape reductions or to be reduced at a lower rate than programs not so protected.

(2) Second priority consideration. Commitments to academic programs, student services, and affirmative action employment made under the Pennsylvania Department of Education Revised Plan for Equal Opportunity in the State Colleges and University (Pennsylvania Desegregation Plan) shall be honored.

(d) The relative size of departments and enrollments shall be considered, and every effort shall be made to maintain the size of departments at a level that will preserve the integrity of academic programs and sub-specialities. In general, departments with ten or more positions are best able to reorganize their resources to maintain academic programs after a reduction in the number of their positions, and, therefore, they should be reduced more readily than smaller departments. Departments with four or fewer positions should be reduced with caution if their programs are to be maintained.

(1) ‘‘Academic balance’’ in a field of study shall be maintained after retrenchment. (For example, retrenchment of history positions should not result in a department having offerings only in American history).

(2) The extent to which enrollments for a particular program make the program self-supporting shall be positively considered in retrenchment planning.

(3) To retain a subject matter in a viable program subsequent to retrenchment, the ‘‘critical mass’’ course needs of that subject matter shall be considered in determining the reduction of positions.

(e) Two colleges shall consider the concept of complementarity of academic programs within a given geographic area. A specialization offered only at one college in an area might be protected during retrenchment, while duplicate offerings in the colleges of a region might result in a higher rate of position retrenchment at one college than another. Complementarity considerations have already taken place within the frameworks of the long-range plans of the colleges, and these shall be used during the three conferences when presidents will meet by geographic area with the Department of Education to prepare specific college-by-college recommendations for the Secretary of Education. The Secretary of Education shall then distribute interpretations of Regulation 6C for use by each college during retrenchment planning.

(f) An entire organizational unit may be dropped by the college if any of the following conditions exist:

(1) It is presently at an insufficient size to adequately serve its basic function.

(2) If that function is not central to the nature of the college.

(3) If it does not make a unique contribution in its own field.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.17 Total positions to be retrenched.

In the preparation for the final retrenchment plan, as it affects teaching faculty, the president shall after all discussions have been held and recommendations made, determine the following:

(1) The net teaching faculty positions to be retrenched.

(2) The departments or organizational units to be in relatively protected status, and those to be relatively open to reduction in positions.

(3) The proportions of net retrenchment to be contributed by each department or organizational unit to achieve the targeted number of reductions.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.18 Affirmative action.

Pursuant to the Commonwealth’s affirmative action program and related laws, orders, and rules, affirmative conditions of employment of women and minorities shall be maintained in determining which persons are assigned to the positions remaining after the retrenchment discussions and planning have resulted in a projection of reduced employment. The pre-retrenchment percentages of representation of white males, women, and minorities in each bargaining unit shall be maintained after the final layoff lists have been prepared (APSCUF unit I and unit II shall be considered separate bargaining units.)

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.19 Seniority.

(a) Each president shall insure that the processes used to identify the persons to be laid off in APSCUF unit I are designed to give priority consideration in the following order: The commitment level of appointment (temporary employes should be considered first); seniority according to the requirements of appropriate organizational units; and the protection of sub-specialties within the organizational unit affected by retrenchment.

(b) Additional obligations concerning retrenched employes under the collective bargaining agreement—such as one requiring a ‘‘reasonable effort to place him/her in another suitable position if such is available’’—shall be honored.

(c) The temporary appointments of persons 65 years of age or older should particularly be reviewed for retrenchment feasibility.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.20 Support staff.

(a) Each president shall insure that the processes used to identify the persons to be laid off in bargaining units other than APSCUF unit I are designed so that the needs of the college will be met effectively after retrenchment.

(b) Since many of the units other than APSCUF Unit I include positions that are in a contributory, supportive role to the academic programs, the effects on such positions of changes in the academic program resulting from retrenchment shall be considered in determining which employes are to be assigned to the positions available after retrenchment.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.21 Status of retrenched personnel.

(a) Each college shall maintain its personnel programs and practices in its usual manner subsequent to the notification of employes of layoff status on September 8, 1975.

(b) A particular faculty member, whose employment will be terminated as of May 31, 1976, or between May 31, 1976, and August 31, 1976, shall be eligible for full consideration in the college programs as professional development and evaluation; tenure reviews; promotions; and distinguished faculty awards.

(c) If no person who is to be retrenched at a college is qualified to fill a vacant position retained at that college after the implementation of its retrenchment plan, the college shall use its established recruitment program to fill a vacancy.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.
22 Pa. Code § 155.22 Alternative plans.

(a) Within 2 weeks after the publication of this chapter. The Secretary of Education will distribute a statement concerning alternatives to retrenchment. The statement shall include specific suggestions for use by the colleges in their retrenchment planning.

(b) Throughout the period of retrenchment planning and during the first year of retrenchment notification—that is, between April 28, 1975 and August 31, 1976—colleges may search for alternatives to retrenchment that would meet both the expenditure targets and educational quality and service targets for fiscal 1976-1977.

(c) Proposed plans for alternatives to retrenchment may be presented by July 14, 1975. During the initial stage of the retrenchment planning process, however, each college shall plan with the assumption that no alternatives are likely to be implemented prior to September 8, 1975. Under these circumstances, it is inevitable that the retrenchment plans submitted on June 30, 1975, will, for each college, identify the employes who will receive termination notices immediately after September 8, 1975.

(d) If alternatives to retrenchment are approved by the Secretary of Education, he may authorize the rescinding of the appropriate number of layoff notices. The approval will not be granted, however, unless anticipated savings of expenditures or anticipated additional revenues from non-Commonwealth sources proposed as alternatives to the retrenchment plan of a college are officially and fully realized prior to the period of either layoff notification or termination.

(e) If gifts, grants or endowments are made to a college so that a position scheduled for retrenchment might be preserved, the amount of the gift, grant or endowment may not be subtracted from Commonwealth revenues received by the college, and the position may be restored for the period covered by the additional funds. The priority considerations of the college’s new missions and academic balance shall still be applied as tests of the position, however.

History

  • Authority: The provisions of this Chapter 155 issued under section 2 of the act of February 17, 1970 (P.
  • Source: The provisions of this Chapter 155 adopted June 12, 1975, 5 Pa.

Part XI School Administrators’ Handbook

Chapter 161 Use and Availability of Handbook and Memorandums

22 Pa. Code § 161.1 School Administrators’ Handbook.

The School Administrator’s Handbook contains the basic policies, directives and procedures of the Department of Education. It is an adjunct to the school laws of the Commonwealth for the administration of the schools of this Commonwealth.

22 Pa. Code § 161.2 School Administrators’ Memorandums.

The School Administrators’ Memorandums supplement the Handbook as a means of relaying quickly, information of temporary or one-time interest, information to be later included in the Handbook, or interpreting and clarifying previously issued material.

22 Pa. Code § 161.3 Availability of Handbook and Memorandums.

The Handbook and Memorandums are available for public inspection and copying at the principal administration office of each school district and each intermediate unit, and at the offices of the Department of Education, Education Building, Harrisburg, Pennsylvania 17126.

Part XII Basic Education

Chapter 181 Mentally Retarded Exceptional Children

22 Pa. Code § 181.1 Children in private schools.

In order that school age mentally retarded children in this Commonwealth receive an opportunity to secure a tax-supported free public program of education when these children are currently or hereafter enrolled in licensed private academic schools, the procedures set forth in § § 181.2—181.7 shall be observed.

History

  • Authority: The provisions of this Chapter 181 issued under section 1372 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 181 adopted February 1, 1974, effective February 2, 1974, 4 Pa.
22 Pa. Code § 181.2 Annual reports.

Licensed private academic schools having exceptional children enrolled therein shall immediately, and hereafter annually on or before February 1, provide to the intermediate unit in which they are situated, a list of all mentally retarded exceptional children enrolled, setting forth the following:

(1) Name and home address of each child and his parents or guardian.

(2) Nature of the child’s exceptionality including primary and secondary exceptionalities when present.

This section cited in 22 Pa. Code § 181.1 (relating to children in private schools); and 22 Pa. Code § 181.7 (relating to cost reporting).

History

  • Authority: The provisions of this Chapter 181 issued under section 1372 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 181 adopted February 1, 1974, effective February 2, 1974, 4 Pa.
22 Pa. Code § 181.3 Notice to parents.

Upon receipt of this information the intermediate unit shall notify the parents or guardian of each mentally retarded child of that child’s right to a tax-supported free public program of education. This notice shall include the following:

(1) The address of the school district and intermediate unit responsible for the education of that child.

(2) An instruction to the parents or guardian to contact that school district or intermediate unit if that parent or guardian desires to obtain a tax-supported free public program of education for that child in the public schools. A disclaimer is required.

This section cited in 22 Pa. Code § 181.1 (relating to children in private schools).

History

  • Authority: The provisions of this Chapter 181 issued under section 1372 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 181 adopted February 1, 1974, effective February 2, 1974, 4 Pa.
22 Pa. Code § 181.4 Free public education.

Enrollment in a tax-supported free public program of education shall be done in accordance with Chapter 14 (relating to special education services and programs) and other laws and regulations of this Commonwealth.

This section cited in 22 Pa. Code § 181.1 (relating to children in private schools).

History

  • Authority: The provisions of this Chapter 181 issued under section 1372 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 181 adopted February 1, 1974, effective February 2, 1974, 4 Pa.
22 Pa. Code § 181.5 Placement.

In determining appropriate placement, special reference must be made to Attorney General’s Opinion No. 137 of 1972, 2 Pa.B. 1581 which directs that among alternative placements under consideration:

(1) Preferred placement is in a regular public school class.

(2) Placement in a special education public school class is preferred to placement in any other type of program of education and training.

There is no duty to use private schools in programs for handicapped school-aged persons. Summit School, Inc. v. Department of Education, 402 A.2d 1142 (1979).

This section cited in 22 Pa. Code § 181.1 (relating to children in private schools).

History

  • Authority: The provisions of this Chapter 181 issued under section 1372 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 181 adopted February 1, 1974, effective February 2, 1974, 4 Pa.
22 Pa. Code § 181.6 Department approval.

(a) A school district or intermediate unit desiring to place a mentally retarded child in an approved private academic school at Commonwealth expense shall, in addition to any of the procedures required by law or regulation, notify the Department of its proposed placement and seek approval thereof.

(b) A placement may not be made, and payments will not be provided by the Commonwealth unless the proposal is approved by the Department.

This section cited in 22 Pa. Code § 181.1 (relating to children in private schools).

History

  • Authority: The provisions of this Chapter 181 issued under section 1372 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 181 adopted February 1, 1974, effective February 2, 1974, 4 Pa.
22 Pa. Code § 181.7 Cost reporting.

(a) Each private school, as defined in § 181.2 (relating to annual reports) shall immediately, and hereafter annually, on or before the first day of February, provide the Department with an analysis of the total lists of pupil enrollment in each school, including a breakdown of the following costs on a ‘‘per pupil’’ basis:

(1) Room and board (if applicable).

(2) Basic education costs.

(3) Ancillary services (examples: speech, physical therapy).

(4) Medical services.

(5) Other charges (itemized).

(b) A private school may not receive payments under any provisions of state law or regulation until it fulfills the requirements of subsection (a).

This section cited in 22 Pa. Code § 181.1 (relating to children in private schools).

History

  • Authority: The provisions of this Chapter 181 issued under section 1372 of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 181 adopted February 1, 1974, effective February 2, 1974, 4 Pa.

Part XIII Public School Employes’ Retirement Board

Chapter 201 Applicability of General Rules

22 Pa. Code § 201.1 Applicability of general rules.

Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure), is applicable to the activities of and proceedings before the Board, except as provided in, or inconsistent with, this chapter.

Timeliness

Teacher was ineligible for enhanced benefits in the Public School Employee’s Retirement System because he failed to make required election by deadline; this section requires that the time of filing any document is the date it was received by the Board, not the date it was mailed. Harasty v. Public Sch. Employees’ Ret. Bd., 945 A.2d 783, 787, 788 (Pa. Cmwlth. 2008).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.2a Definitions.

(a) In addition to the definitions in 1 Pa. Code § 31.3 (relating to definitions), as used in this chapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise: Adjudicatory benefit appeal—An appeal from the ESRC to the Board in which a formal hearing is requested and in which an adjudication of the Board is issued under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). Board—The Public School Employees’ Retirement Board. Claimant—An individual who, or entity that, has requested an adjudicatory benefit appeal. Executive Director—The appointed executive director of the System. The Executive Director of the System is also the Secretary of the Board. ESRC—The Executive Staff Review Committee, which consists of the Executive Director and additional senior staff members as appointed by the Executive Director. Hearing examiner—A presiding officer appointed to hear an adjudicatory benefit appeal in accordance with 1 Pa. Code § 35.185 (relating to designation of presiding officers). Nonadjudicatory benefit appeal—An appeal to the ESRC, which is resolved without conducting a hearing or issuing an adjudication. Party—An individual or entity participating in an adjudicatory benefit appeal, including an intervenor and any person or entity joined to the appeal. Retirement Code—The Public School Employees’ Retirement Code (24 Pa.C.S. § § 8101—8535). Secretary of the Board—The appointed Secretary of the Board as provided in the Retirement Code. The Secretary of the Board is also the Executive Director of the System. Subordinate officer—

(i) An officer or employee of the System.

(ii) The term does not include the Executive Director, Secretary of the Board or the Board. System—The Public School Employees’ Retirement System.

(b) This section supplements 1 Pa. Code § 31.3; the definition of ‘‘subordinate officer’’ supersedes the definition in 1 Pa. Code § 31.3.

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.3a Nonadjudicatory benefit appeal.

(a) Benefit appeals from actions of subordinate officers of the System shall be made to the ESRC and shall be nonadjudicatory.

(b) A letter from the System taking an action or making a determination on behalf of the System shall constitute action of a subordinate officer. A letter shall constitute action of a subordinate officer whether or not the letter states that an appeal must be taken within 30 days.

(c) An appeal to the ESRC shall be received by the System within 30 days after the date of the letter from the System taking an action or making a determination on behalf of the System. If a claimant fails to appeal an action or determination by a subordinate officer to the ESRC within the prescribed time, the action of the subordinate officer will become final.

(d) An appeal to the ESRC must be made in writing and addressed to:

Executive Staff Review Committee Public School Employees’ Retirement System P. O. Box 125 Harrisburg, Pennsylvania 17108-0125

(e) The ESRC will meet as necessary to review and decide nonadjudicatory benefit appeals. If the appeal is granted, the claimant will be notified in writing and the matter will be closed. If the appeal is denied, in full or in part, the claimant shall have the right to appeal the denial to the Board. The ESRC will send the claimant a denial letter explaining why the appeal is denied, and advise the claimant of the right to appeal to the Board and request an adjudicatory benefit appeal and administrative hearing within 30 days after the date of the denial letter.

(f) The Executive Director or a designee will maintain a record of the decisions of the ESRC and report to the Board the results of each decision by the ESRC, which will include a brief summary of the issues involved.

(g) This section supersedes 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.4a Adjudicatory benefit appeal and request for administrative hearing.

(a) An adjudicatory benefit appeal and request for administrative hearing from a denial letter from the ESRC must be in writing and received by the Board within 30 days after the date of the ESRC denial letter.

(b) An adjudicatory benefit appeal and request for administrative hearing must be addressed to:

Appeal Docket Administrator Public School Employees’ Retirement Board P. O. Box 125 Harrisburg, Pennsylvania 17108-0125

(c) If a claimant fails to appeal a decision of the ESRC to the Board within the prescribed time, the decision of the ESRC is deemed final.

(d) Appeals to the Board from the ESRC as to which no motions are filed under § 201.6 (relating to motions practice) will be referred to a hearing examiner under 1 Pa. Code Chapter 35, Subchapter E (relating to presiding officers) to conduct a hearing and prepare a recommended decision to the Board under 1 Pa. Code § § 35.202 and 35.205 (relating to proceedings in which proposed reports are prepared; and contents of proposed reports).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.5a Authorization of Secretary of the Board.

The Secretary of the Board will be authorized to execute and issue routine and uncontested orders on behalf of the Board, including, but not limited to, the following:

(1) An order to dismiss when a claimant has withdrawn a request for an adjudication.

(2) An order granting an extension of time to file a document.

(3) An order granting the right of a third party to intervene in a pending appeal.

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.6 Motions practice.

(a) Preliminary objections. The System may, before filing an answer, file preliminary objections directly with the Board. The preliminary objections will conform to Pa.R.C.P. No. 1028 (relating to preliminary objections).

(b) Summary judgment. The System or the claimant may file a motion for summary judgment directly with the Board. The motion must conform to Pa.R.C.P. Nos. 1035.1—1035.5.

(c) The Board will rule directly on preliminary objections or motions for summary judgment unless, by order, it delegates the matter to a hearing examiner to prepare a proposed opinion and recommendation under § 201.12 (relating to oral argument before the Board).

(d) This section supersedes 1 Pa. Code § 35.54 (relating to motions as to complaint).

This section cited in § 201.4a (relating to adjudicatory benefit appeal and request for administrative hearing).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.7 Service and return of subpoenas.

(a) Service of subpoenas will be made by any of the methods authorized by Pa.R.C.P. No. 234.2(b) (relating to Subpoena. Issuance. Service. Compliance. Fees. Prisoners.). It will not be necessary that witness fees be tendered at the time of service of the subpoena, but the subpoena must include a notice that the witness may request in writing the payment of the witness fees provided in Pa.R.C.P. No. 234.2(c). The written request shall be made to the party (or his counsel) on whose behalf the subpoena is issued. The party (or his counsel) on whose behalf the subpoena is issued shall remit the witness fees to the witness within 14 days after the date of the letter requesting payment of witness fees or before the date of the hearing, whichever comes first.

(b) This section supersedes 1 Pa. Code § 35.142(b) (relating to service and return of subpoenas) and supplements 1 Pa. Code § § 35.139 and 35.142(c) (relating to fees of witnesses; and subpoenas).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.8 Dismissal for nonappearance.

(a) Whenever a claimant fails to appear, either in person or through counsel, for a scheduled hearing without good cause, the hearing examiner will issue a recommendation to dismiss the case, without considering the merits of the claim.

(b) This section supplements 1 Pa. Code § § 35.125, 35.187 and 35.205 (relating to order of procedure; authority delegated to presiding officers; and contents of proposed reports).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.9 Introduction of documents from the system’s record.

(a) Documents from the System’s records need not be certified or authenticated under 42 Pa.C.S. § § 6103 and 6104(a) (relating to proof of official records; and effect of official records generally) to be admitted into evidence in an administrative hearing.

(b) Any subordinate officer who has access to the System’s records, and has knowledge regarding the identity and mode of preparation of the records prepared by the System and the filing with, and maintenance of records by the System in the regular course of the System’s business will be qualified to identify any documents or other records on file with the System in any hearing and to testify regarding the documents or other records.

(c) This section supplements 1 Pa. Code § § 35.161 and 35.164 (relating to form and admissibility of evidence; and documents on file with agency).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.10 Briefs.

(a) After the close of the testimony, the hearing examiner will fix a briefing schedule. Unless otherwise agreed to by all parties and the hearing examiner, the claimant, or other party upon whom rests the burden of proof, shall file the first brief, followed by the brief of the System and a reply brief by the claimant or other party who filed the first brief. Briefs must conform to 1 Pa. Code § 35.192 (relating to content and form of briefs). A party upon whom rests the burden of proof may not be denied the right to file a reply brief. Any party may waive the right to file a brief or reply brief, either on the record, or in writing to the hearing examiner, in either of which events, the hearing examiner will note that fact on the record, deduct the time allotted for the filing of the briefs from the briefing schedule and prepare an opinion and recommendation for the Board without the benefit of a brief on behalf of the party who elected to waive the filing of a brief.

(b) Both the claimant and the System shall be entitled to file letter briefs to the hearing examiner. The letter briefs need not conform to 1 Pa. Code § § 35.191 and 35.192 (relating to proceedings in which briefs are to be filed; and content and form of briefs), but the letter briefs may not be more than 3 pages in length.

(c) This section supplements 1 Pa. Code § § 35.191 and 35.192.

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.11 Proposed opinion and recommendation.

(a) Unless otherwise ordered by the Board, the hearing examiner will file a proposed opinion and recommendation to the Board in cases when an administrative hearing has been held before a hearing examiner. The contents of the proposed opinion and recommendation will be in accordance with 1 Pa. Code § 35.205 (relating to contents of proposed reports) and will also include a discussion of the matter. The proposed opinion and recommendation will not become the opinion and order of the Board unless it is adopted by the Board.

(b) The proposed opinion and recommendation shall be filed with the System, together with the transcript of testimony, exhibits and briefs, all of which shall become part of the record. At the same time the proposed opinion and recommendation is filed with the System, the hearing examiner will serve copies upon all parties and staff counsel.

(c) The Board may adopt or reject, in whole or in part, or supplement the proposed opinion and recommendation or issue its own opinion and order, whether or not exceptions to the proposed opinion and recommendation are filed by any party. When exceptions are filed, the Board will rule on the exceptions.

(d) Any party may file exceptions in accordance with 1 Pa. Code § § 35.211 and 35.212 (relating to procedure to except to proposed report; and content and form of briefs on exceptions).

(e) This section supplements 1 Pa. Code § § 35.202, 35.207 and 35.226(a)(2) (relating to proceedings in which proposed reports are prepared; service of proposed reports; and relating to final orders).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.
22 Pa. Code § 201.12 Oral argument before the Board.

(a) The right to oral argument is discretionary with the Board and will be granted to the extent the Board believes it will be helpful in enabling the Board to acquire an understanding of and to resolve the issues. When oral argument is granted, the Secretary of the Board will schedule the argument for the next available Board meeting.

(b) If a party filing exceptions to a recommendation of the hearing examiner wishes oral argument before the Board, the party shall file the request for oral argument with the exceptions.

(c) If a party seeks oral argument in a case in which exceptions have been filed by the System to a recommendation of the hearing examiner that is in favor of a claimant, the request for oral argument shall be filed with or before the party’s response to the System’s exceptions. In that case, the Secretary of the Board will grant oral argument and schedule it for the next available Board meeting.

(d) Oral argument will be limited to a maximum of 10 minutes for each party, unless otherwise directed by the Board. The claimant, as the party with the burden of proof, shall argue first. If there are more than two parties to the appeal, the Secretary of the Board will establish the order of argument consistent with who has the burden of proof. New evidence will not be accepted at the oral argument.

(e) At the conclusion of the oral argument, the Board will discuss and decide the case. The Board may table the case for further consideration at a future meeting. The Board may also elect to discuss all or part of the case in executive session in accordance with 65 Pa.C.S. Chapter 7 (relating to the Sunshine Act).

(f) The Board’s counsel will draft a proposed adjudication in accordance with the Board’s decision. The proposed adjudication will be presented to the Board at the Board meeting next following the Board’s determination of the case, unless the Board agrees to have the proposed adjudication issued without further review by the Board.

(g) This section supersedes 1 Pa. Code § § 35.214 and 35.226(a)(2) (relating to oral argument on exceptions; and final orders).

History

  • Authority: The provisions of this Chapter 201 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 201 adopted February 7, 1975, effective February 8, 1975, 5 Pa.

Chapter 211 Preliminary Provisions

22 Pa. Code § 211.1 Short title of part.

(a) Chapters 211, 213 and 215 (relating to preliminary provisions; contributions and benefits; and general administration) are promulgated under the Retirement Code.

(b) Retirement Code reference: Section 8101 of the Retirement Code (relating to short title of part).

The provisions of this § 211.1 amended under the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8502(h).

The provisions of this § 211.1 amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial page (249395).

History

  • Authority: The provisions of this Chapter 211 issued under Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 211 adopted April 2, 1976, 6 Pa.
22 Pa. Code § 211.2 Definitions.

(a) The definitions in section 8102 of the Retirement Code (relating to definitions) are applicable to Chapters 211, 213 and 215 (relating to preliminary provisions; contributions and benefits; and general administration) as clarified or supplemented by the definitions in subsection (b).

(b) The following words and terms, when used in this part, have, consistent with the Retirement Code definitions, the following meanings, unless the context clearly indicates otherwise: Active member—

(i) A school employee for whom pickup contributions, as defined in section 8102 of the Retirement Code (relating to definitions), are properly being made to the Fund, including those granted a sabbatical leave of absence, or who are on an approved leave of absence for professional study, as an exchange teacher, or service with a collective bargaining organization, under section 8102 and section 8302 of the Retirement Code (relating to credited school service), or for whom the contributions otherwise required for current school service are not being made solely by reason of any provision in the Retirement Code relating to the limitations under sections 401(a)(17) or 415(b) of the IRC (26 U.S.C.A. § § 401(a)(17) and 415(b)).

(ii) The term excludes employees who are on leave of absence without pay. Actuarially equivalent—Two benefits are said to be actuarially equivalent if they have equal present values, computed on the basis of statutory interest and the mortality tables currently adopted and used by the Board. Annuitant—A member on or after the effective date of retirement, until the annuity is terminated, but excludes a beneficiary or survivor annuitant. Beneficiary—The person, (as defined in 1 Pa.C.S. § 1991 (relating to definitions)), last designated by a member in writing to the Board to receive accumulated deductions or a lump sum benefit upon the member’s death. Board—The Public School Employees’ Retirement Board.

Certified members—See definition of ‘‘professional members’’ in this section. Employer—

(i) A governmental entity directly responsible for the employment and payment of the school employee and charged with the responsibility of providing public education within this Commonwealth.

(ii) The term includes all governmental entities whose employees under prior law and regulations are members of the System as of the effective date of the Retirement Code. Final average salary—The highest average compensation received as an active member during any three nonoverlapping periods of 12 consecutive months. In the case of a part-time employee, compensation shall be annualized by multiplying actual earnings by the reciprocal of the fractional portion of time worked during nonoverlapping periods of 12 consecutive months or equivalent consecutive pay periods during which compensation is received; and, in the case of a member with multiple service credit, the salary shall be determined by reference to include compensation received as a school employee or a State employee, or both. In the case of a member who first became a member on or after July 1, 1996, compensation shall be subject to the application of section 8325.1 of the Retirement Code (relating to annual compensation limit under section 401(a)(17) of the IRC). Final average salary is an average of the 3 highest school years. For terminations before the end of the school year, salary for that part of the year may be used in combination with a proportionate percentage of a prior year. School years with part-time service may be annualized for salary calculation. Either annualized or actual retirement-covered compensation is allocated to months for each school year. For final average salary purposes, retirement-covered compensation is credited in the school year in which it is earned, not paid. Retirement-covered compensation is not recognized for any period of creditable nonschool service purchased by a member. Full-day session—That period of time determined by the employer, without objection from the Department of Education, during which a school employee is employed daily for instructional purposes. Full time employee—An employee employed at least 5 hours per day or 25 hours per week or its equivalent. Fund—The Public School Employees’ Retirement Fund. Governmental entity—In addition to those enumerated in the Retirement Code, the term includes any agency or authority, being a corporate body or body politic created by law, or any entity created by those agencies or authorities, charged with the responsibility of providing public education within this Commonwealth. Government service—Service as an administrator, teacher, or instructor in the field of public school education for an agency or department of the government of the United States. Inactive member—

(i) A member for whom no pickup contributions, as defined in section 8102 of the Retirement Code, are being made, who has accumulated deductions standing to the member’s credit in the Fund and for whom no pickup contributions have been made within the last 2 school years, except in the case of an active member for whom the contributions otherwise required for current school service are not being made solely by reason of any provision in the Retirement Code relating to the limitations under sections 401(a)(17) of the Internal Revenue Code, who has accumulated deductions standing to his credit in the Fund and for whom contributions have been made within the last 2 school years or a multiple service member who is active in the State Employees’ Retirement System.

(ii) The term also includes a member who is on furlough and has elected to leave the accumulated deductions in the Fund at statutory interest during the furlough period, which period may not exceed 2 school years; or a member who is on leave of absence without pay. IRC—Internal Revenue Code—26 U.S.C.A. § § 1—7872. Member’s annuity—An amount determined by dividing the accumulated deductions of the member by the cost of a $1 annuity based on the nearest age of the member at the effective date of retirement and computed on the basis of statutory interest and mortality tables adopted and used by the Board. Noncertified members—See definition of ‘‘nonprofessional members’’ in this section. Nonprofessional members or noncertified members—The term includes school employees who are not ‘‘professional employees,’’ as defined in section 1101 of the Public School Code of 1949 (24 P. S. § 11-1101), and who also qualify for membership in the System under section 8301 of the Retirement Code (relating to mandatory and optional membership). Professional members or certified members—‘‘Professional employees,’’ as defined in section 1101 of the Public School Code of 1949, including all temporary professional employees, professional employees, substitutes and commissioned officers currently employed by a school district or intermediate unit and qualifying for membership in the System under section 8301 of the Retirement Code (relating to mandatory and optional membership). Public school—Any or all classes or schools within this Commonwealth conducted under the order and superintendence of the Department of Education including, but not limited to: all educational classes of an employer charged with the responsibility of public education within this Commonwealth as well as those classes financed wholly or in part by the Federal Government, State-owned colleges and universities, the Pennsylvania State University, community colleges, area vocational-technical schools, intermediate units, the State Board of Education, Scotland School for Veterans’ Children, Thaddeus Stevens College of Technology and the Pennsylvania State Oral School for the Deaf. In all cases of doubt, the Board will determine whether any particular governmental entity is eligible as an employer within the meaning of the Retirement Code. Retirement Code—The Public School Employees’ Retirement Code, 24 Pa.C.S. § § 8101—8535. Salary deductions—The amounts certified by the Board to be deducted from the compensation, as determined for retirement purposes, of an active member and paid into the Fund for the purposes of purchasing current service, previous school service, pickup contributions and creditable nonschool service, as the case may be. School employee—

(i) A person engaged in work relating to a public school for any governmental entity and for which work the person is receiving regular remuneration as an officer, administrator or employee excluding, however, any independent contractor or a person compensated on a fee basis.

(ii) The term does not include a person who is rendering services to the school district on a commission or fee basis, whether an elected official or not. School year—The 12-month period which the governmental entity uses for purposes of administration, regardless of the actual time during which a member renders service. A member will not be credited, during a school year, with credited service in excess of 1 year. Statutory interest—As applied to contributions of members, interest at 4% per annum compounded annually.

(b) Retirement Code reference: Section 8102 of the Retirement Code.

The provisions of this § 211.2 amended under the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8502(h).

The provisions of this § 211.2 amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (249395) to (249398) and (316193) to (316194).

Compensation

Letters of agreement between the superintendent and the school board president which stated, inter alia, that the superintendent would be paid for all unused vacation and sick days in lieu of an annual raise, and that the superintendent would reimburse the school district for its share of the retirement cost allocable to the inclusion of this amount. The hearing examiner and the board were also presented with an agreement between the superintendent and the school board president which stated that the parties had reached certain agreements concerning the termination of his employment and severance payments. This evidence was sufficient to support the Public School Employes’ Retirement Board’s conclusion that the money paid to the superintendent constituted a severance payment and not compensation. Wyland v. Public School Employes’ Retirement Bd., 669 A.2d 1098 (Pa. Cmwlth. 1996); appeal denied 680 A.2d 1165 (Pa. 1996).

The court did not err in concluding that none of the superintendent’s annuity purchases were includable as compensation for purposes of determining the final average salary. There is substantial evidence in the record to support the Public School Employes’ Retirement Board’s conclusions that the annuity payments were remuneration that was not based on the standard salary schedule for which the superintendent was rendering service, and that the other payment was a severance payment. Therefore, under the Retirement Code and applicable regulations, the annuity payments were properly excluded from the computation of the superintendent’s final average salary. Christiana v. Public School Employes’ Retirement Board, 669 A.2d 940 (Pa. 1996).

Whether or not a payment must be considered a severance payment is a question of law. Wyland v. Public School Employes’ Retirement Bd., 669 A.2d 1098 (Pa. Cmwlth. 1996).

Because a payment to a school district employe was a severance payment and not compensation, the payment was not a part of the employe’s final average salary for purposes of computing retirement benefits, as it was not a part of the employe’s regular salary upon agreeing to retire. Dowler v. Public School Employes’ Retirement Board, 620 A.2d 639 (Pa. Cmwlth. 1993).

Credited Service

Active member of Public School Employees’ Retirement System (PSERS) was not entitled to purchase service credit for years she provided educational services to nonpublic school students pursuant to Act 89 while employed by two non-for-profit corporations; neither corporation fit the definition of ‘‘governmental entity’’ under the Retirement Code and regulations, and she was not engaged in work that related to a public school for governmental entity and therefore did not fall with the Retirement Code definition of ‘‘school employee’’ for purposes of receiving retirement credit. Thorpe v. Public School Employees’ Retirement Board, 879 A.2d 341 (Pa. Cmwlth. 2005).

The Public School Employees’ Retirement Board did not err in finding that the school superintendent ceased being a school employe entitled to earn credited service as of January 5, 1988, the last day appellee performed actual employment duties for regular remuneration, rather than June 30, 1988, the official resignation date set forth in a termination agreement. Hoerner, Jr. v. Public School Employees’ Retirement Board, 684 A.2d 112 (Pa. 1996).

Forms; Content not Prescribed

The regulation which requires designation of the beneficiary for death benefits under the Public School Employees’ Retirement Code only mandates that the designation must be in writing. It does not specify the contents of the form, nor does it require that the designation be witnessed. Lowing v. Public School Employees’ Retirement Board, 775 A.2d 306 (Pa. Cmwlth. 2001).

General Comments

The restrictive definitions of compensation under the Retirement Code and these regulations reflect the Legislature’s intention to preserve the actuarial integrity of the retirement fund. Christiana v. Public School Employes’ Retirement Board, 669 A.2d 940 (Pa. 1996).

Salary Increases

Salary increases made strictly pursuant to termination agreements are tantamount to severance payments, such increases should not be used in calculating a party’s final average salary for purposes of retirement benefits. Hoerner v. Public School Employees’ Retirement Board, 684 A.2d 112 (Pa. 1996).

History

  • Authority: The provisions of this Chapter 211 issued under Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 211 adopted April 2, 1976, 6 Pa.
22 Pa. Code § 211.3 Construction.

(a) Former annuitants who are active members of the System on October 2, 1975, are not subject to the recalculation of annuities of annuitants who return to school service thereafter.

(b) The rights of members of Class T-B, as provided in section 301(2)(c) and (d) of the Public School Employees’ Retirement Code of 1959 (24 P. S. § 3301(2)(c) and (d) (repealed)) shall continue.

(c) The provisions relating to former teachers as provided in sections 303(3) and 407(1) of the Public School Employees’ Retirement Code of 1959 (24 P. S. § § 3303(3) and 3407(1) (repealed)), shall continue.

(d) As applicable to members terminating school service on or after March 1, 1974, the provisions relating to the purchase of credit for previous school or creditable nonschool service and the calculation of benefits shall be effective March 1, 1974.

(e) The provisions relating to the crediting of statutory interest to the accounts of members on leave without pay shall become effective on July 1, 1975.

(f) Part-time employee membership, as provided by the Retirement Code, shall become effective with the beginning of the school year 1975-76, subject to the limitations based upon qualification, as provided in this part.

(g) For the purpose of the Retirement Code, the school year commences on July 1 and ends on June 30 of the following year.

(h) The provisions relating to eligibility for disability annuities, shall be effective, as applied to all active or inactive members, from December 1, 1974.

The provisions of this § 211.3 adopted under the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8502(h).

The provisions of this § 211.3 adopted August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083.

History

  • Authority: The provisions of this Chapter 211 issued under Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 211 adopted April 2, 1976, 6 Pa.

Chapter 213 Contributions and Benefits

22 Pa. Code § 213.1 Mandatory and optional membership.

(a) Membership shall be mandatory, as of the effective date of school employment, for all school employees, except the following categories:

(1) An officer or employee, who is a member of the State Employees’ Retirement System under any of the categories enumerated under section 8301(a)(1) of the Retirement Code (relating to mandatory and optional membership); or an officer or employee who is a member of an employer approved retirement program as provided under subsection (b).

(2) A person employed on a per diem or hourly basis for less than 80 full-day sessions or 500 hours in a fiscal year. In all cases, a school district shall report to the Board whether a school employee annually qualifies under this section based on the service rendered during a school year. A per diem or hourly school employee employed for less than the minimum eligibility requirements established in this paragraph will not be eligible for membership for that fiscal year period, but shall, if the employee exceeds the minimums stated in this paragraph, be a mandatory member for that fiscal year period only.

(3) Employees in Federal programs shall conform with the following:

(i) A school employee who has joined the System and is employed by a governmental entity in a wholly or partly-funded Federal program, during the period December 22, 1965, and prior to July 1, 1975, may continue membership in the program for continuous service rendered after July 1, 1975, and until termination of service.

(ii) From and after July 1, 1975, an employee entering school service shall be required to join the System until termination of service, although the program in which he is employed is financed, in whole or in part, by the Federal government.

(b) Under section 8301(a)(1) of the Retirement Code, certain school employees may elect not to join the System in favor of an optional alternate retirement program approved by the employer.

(1) Every employee who is eligible for membership in the optional alternate retirement program shall make the election within 30 days of the first date of active employment. Employees not exercising the option to join the optional alternate retirement program shall be deemed to have chosen to commence active membership in the System, unless they have elected membership in the State Employees’ Retirement System.

(2) When an eligible employee has elected to participate in the optional alternate retirement program in accordance with paragraph (2) of former § 215.36, as it existed on April 15, 2005, or paragraph (4) of former § 215.36, as it existed on April 15, 2005, or elects to participate in the optional alternate retirement program in accordance with paragraph (1), the election is final and binding so long as the employee remains eligible to remain in the optional alternate retirement program. When an employee later is employed in a capacity which does not qualify for membership in the optional alternate retirement program, the employee shall, upon meeting the qualifications for membership in the system, either make contributions to the fund or reinstate the former credited service for which contributions had been withdrawn. Remittance of contributions or reinstatement of former credited service shall be made in accordance with sections 8303(c) and 8323(a) of the Retirement Code (relating to eligibility points for retention and reinstatement of service credits; and member contributions for creditable school service). Service, salary or other compensation paid to an employee while a member of the optional alternate retirement program will not be credited toward membership in, or retirement benefit from, this System.

(c) Retirement Code reference: Section 8301 of the Retirement Code.

The provisions of this § 213.1 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial page (249402).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.2 Credited school service.

(a) Computation. For the purposes of computing credited school service, the following conditions apply:

(1) A full-time salaried employee shall receive 1 year of credited service for each nonoverlapping period of 12 consecutive employable months for which the employee contributes for at least 180 full-day sessions of employment. A full-time salaried employee is not eligible to earn more than 1 year of credited service during 12 consecutive months although the employee may be employed for full-day sessions or for hours in excess of the limitations set forth in this section.

(2) A part-time salaried employee, that is, one who is compensated as a percentage of annual salary, shall receive credited service based on the proportion of full-time service for which the employee is employed during a school year.

(3) A per diem employee, having achieved eligibility by virtue of being employed for at least 80 full-day sessions during the fiscal year, shall receive a portion of credited service based on the relationship of actual full-day sessions worked as it relates to the 180 full-day session limitation.

(4) An hourly school employee, having achieved membership eligibility by virtue of being employed at least 500 hours in a fiscal year, shall receive a proportion of credited service based on the actual hours worked as it relates to 1,100 hours.

(5) A member with credit for multiple service or with credit in the School Employees’ Retirement Program who is employed on a concurrent basis, in one or more districts or with this Commonwealth, is not entitled to more than 1 year of credited service for a consecutive 12-month period.

(6) Notwithstanding the limitations in paragraphs (1)—(5), employees who may be on strike will not be eligible for credited service during a strike period unless the days or hours lost by virtue of the strike are actually served and compensation paid.

(b) Approved leaves of absence. Credited service will be granted to an active member for an approved leave of absence as authorized under sections 8102 and 8302 of the Retirement Code (relating to definitions; and credited school service). Members may be granted other types of leaves of absence, not authorized by the Retirement Code, but the leaves will not entitle the member to any credited service, during the period of the leave. Credited service for the approved leaves of absence will be granted under the following conditions only:

(1) The member shall return to the school district for a period at least equal to the length of the leave or 1 year, whichever is less, unless this condition is waived by the employer.

(2) Proper contributions, based on the salary the member would have received had the member been in regular full-time employment with the employer during the period of the leave, are made by the member and by the employer if required. An employer may not be permitted to suspend the requirement of making its required contributions during the period of the leave. Contributions made by the member during the period of the leave shall be transmitted through the school district on a monthly basis in the same manner as active members.

(c) Cancellation. In all cases when a member withdraws accumulated deductions, all credited service shall be canceled. A member who has so withdrawn accumulated deductions and has credited service canceled shall, upon a reentry into the System, be eligible to purchase this service under this section 8303 of the Retirement Code (relating to eligibility points for retention and reinstatement of service credit).

(d) Improperly credited service. If the Board finds that any school service has been improperly credited, it will cancel the credit and refund to the member accumulated deductions attributable thereto.

(e) Retirement Code reference: Section 8302 of the Retirement Code.

The provisions of this § 213.2 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (249402) to (249404).

Leave of Absence

There was no mention in the termination agreement that the employe was being granted a leave of absence; thus, the employe is not entitled to receive credited service to the official resignation date set forth in the termination agreement. Hoerner, Jr. v. Public School Employees’ Retirement Board, 684 A.2d 112 (Pa. 1996).

Regulation Invalid

The Commonwealth Court did not err in concluding that the Board’s regulation defining a full school year as 1,100 hours rather than 180 days was contrary to the Retirement Code. The regulation was properly held invalid. Commonwealth v. Pennsylvania School Boards Association, Inc., 682 A.2d 291 (Pa. 1996).

Because the full-time salaried school employe worked for only 163 days of the school year due to a lawful strike, the employe was entitled to service credit for the corresponding fraction of the full year under 24 P. S. § 8302 (relating to credited school service). However, under this regulation, the employe was entitled to 1 year of service credit. The result produced by the regulation is clearly contrary to the one reached via the formula articulated in the enabling statute; therefore, the regulation is invalid. Pennsylvania Sch. Bds. Ass’n v. Public Sch. Employees’ Retirement Sys., 659 A.2d 86 (Pa. Cmwlth. 1995); appeal granted 670 A.2d 140 (Pa. 1995); affirmed 682 A.2d 291 (Pa. 1996).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.3 Eligibility points for retention and reinstatement of service credits.

(a) Every active member shall accrue one eligibility point for each year of credited school service although the actual service rendered may exceed 180 full-day sessions or 1,100 hours of employment during any period of 12 consecutive months.

(b) Every active member or multiple service member who is active in the State Employees’ Retirement System, on or subsequent to March 1, 1974, may purchase credit upon which eligibility points shall be applied, as a member of Class T-C for any periods of previous school service or permissible creditable nonschool service, as provided in this part, on the condition that the member pay for the service as provided in this part. An active member or multiple service member seeking to reinstate previous service shall be required to purchase and pay for all the service previously credited. The member is not permitted to purchase only a portion of previously credited service to be reinstated.

(c) In all instances when creditable school or nonschool service may be purchased, an active member, having elected to purchase the service, is not permitted to cancel the purchase.

(d) Retirement Code reference: Section 8303 of the Retirement Code (relating to eligibility points for retention and reinstatement of service credits).

The provisions of this § 213.3 amended under the Public School Employees’ Retirement Code, 24 Pa.C.S. § § 8502(h) and 8507(d).

The provisions of this § 213.3 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended May 10, 2002, effective May 11, 2002, 32 Pa.B. 2326; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (249404) and (288185).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.3a Waiver of adjustments.

(a) To find that an adjustment made under section 8534(b) of the Retirement Code (relating to fraud and adjustment of errors) meets the undue hardship test under section 8303.1(a)(1) of the Retirement Code (relating to waiver of adjustments), the Board requires that either:

(1) The adjustment causes a reduction in excess of 5% of the monthly annuity.

(2) The adjustment results in the member losing eligibility for a benefit other than an annuity.

(b) Retirement Code reference: Section 8303.1 of the Retirement Code.

The provisions of this § 213.3a adopted under the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8502(h).

The provisions of this § 213.3a adopted August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083.

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.4 Creditable nonschool service.

(a) Creditable nonschool service may be purchased only by an active member or a multiple service active member of the State Employees’ Retirement System.

(b) Creditable nonschool service shall be available to all members identified in subsection (a), except those who may be entitled to receive, eligible to receive, now or in the future, or are currently receiving retirement or pension benefits for the service under a retirement or pension program administered and wholly or partially paid for by another governmental agency or by a private employer or by a retirement program approved by the employer in accordance with the optional retirement provisions authorized in section 8301(a)(1) of the Retirement Code (relating to mandatory and optional membership).

(c) Intervening military service shall be service of an active nature rendered to the armed forces of the United States for which an active member had school service interrupted so that the member could serve voluntarily or otherwise to fulfill a draft obligation in time of war or armed conflict. Intervening military service shall be disallowed or canceled when the required military tour of duty has been voluntarily extended beyond the time of military obligation, with or without the implied or express consent of the employer.

(d) An active member may purchase other military service, of a nonintervening nature, not exceeding 5 years, for service rendered only to the armed forces of the United States before the member commenced his most recent school employment. An active member who is receiving disability compensation based on a service-connected injury or illness as a result of active military service shall be eligible for credit for intervening or nonintervening military service.

(e) Purchase limitations for intervening and nonintervening military service and conditional credit shall be as follows:

(1) An active member may not purchase intervening or nonintervening military service, if the member has obtained credit and is eligible now or in the future to receive a pension for this service from another employer or governmental agency. Upon application to purchase this service, the member shall be required to submit proof as to eligibility or ineligibility for any pension benefits from the other employer or governmental agency, as the Board may require. If the Board determines that this service is ineligible, the application will be denied. If the Board later determines that the purchased service should have been ineligible, it will cancel the service purchased and refund to the member the accumulated deductions attributable to this service at the time of retirement or termination of service, unless cancellation and refund is requested prior thereto. If subsequent to retirement, the Board learns that a member has falsified a record, it may take action as is otherwise provided in the Retirement Code.

(2) Conditional credit for nonintervening military service shall be available for all active military service actually rendered for which purchase shall be requested but may not exceed 5 years of the service, provided the member has 3 years of credited school service subsequent to the military service for which credit is requested.

(f) Nonschool service may be purchased by an active member who was a teacher or instructor in a public school or public educational institution in a state other than this Commonwealth or in a territory or area under the jurisdiction of the United States and the service may also be purchased by an active member who was an administrator, teacher or instructor in the field of public school education for an agency or department of the United States Government whether under its jurisdiction or not. The nonschool service rendered shall be for not less than 1 full year. The total service purchased may not exceed 12 years or the number of years of school service credited in the system, whichever is less.

(g) Nonschool service in the Cadet Nurse Corps may be purchased by an active member for a period of training as a student or graduate nurse under a plan approved under section 2 of the act of June 15, 1943 (Pub. L. No. 78-73, 57 Stat. 153), if the total period of training under the plan was at least 2 years, and the credit for the service does not exceed 3 years.

(h) Previous nonschool service as a nurse in the employ of a county may be purchased by an active member as follows: For every 3 years or major fraction thereof in previous work experience, an individual may buy 1 year of creditable service, not to exceed a total of 5 years.

(i) Creditable nonschool service may also be purchased for previous service as an employee of a county board of school directors whose employment was terminated because of a transfer of the administration of the service or of the entire agency to another governmental unit. This service is not limited to or subject to the conditions of section 8304(c) of the Retirement Code (relating to creditable nonschool service), dealing with total permissible nonschool service credit.

(j) The total credit of nonschool service, identified in subsections (a)—(i) may not exceed the actual number of years of school service in the System, rendered within this Commonwealth, plus, in the case of an active multiple service member, additional years of State service rendered the Commonwealth and credited in the State Employees’ Retirement System. This limitation on total permissible nonschool service credit does not apply to the service provided in subsection (i).

(k) Retirement Code reference: Section 8304 of the Retirement Code.

The provisions of this § 213.4 amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6282; amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (288185) to (288187).

Civilian Service By Conscientious Objectors

The civilian service of a conscientious objector does not constitute military service and that service therefore is not creditable nonschool service for retirement credit purposes. Worley v. Public School Employes’ Retirement Board, 689 A.2d 334 (Pa. Cmwlth. 1997); appeal denied 701 A.2d 580 (Pa. 1997); cert. denied 118 S.Ct. 1562 (U. S. 1998).

Maternity Leave

The order of the Retirement Board denying the teacher’s request to purchase retirement credit for out-of-State service for a maternity leave of absence during the 1969-1970 school year was affirmed because the leave was neither certified by the out-of-State employer nor credited by the out-of-State retirement system. Day v. Public School Employees’ Retirement System, 682 A.2d 398 (Pa. Cmwlth. 1996).

Public School

The phrase ‘‘in the field of public school education,’’ as used in 24 Pa.C.S. § 8304(b)(4) does not include service as a manual arts therapist at a Veterans Hospital since the goal of rehabilitating mentally and physically disabled adults is not similar to the goal of seeking ‘‘to educate and advance children aged six to seventeen and to teach them to become responsible members of society.’’ Panko v. Public School Employees’ Retirement System, 492 A.2d 805 (Pa. Cmwlth. 1985).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.6 Eligibility points.

(a) An active member shall accrue one eligibility point for each year of credited service or fractional part of a year of credited service based on the corresponding fractional eligibility point, as a member of the System or State Employees’ Retirement System. A member shall also accrue an additional 2/3 of an eligibility point for each year of credited Class D-3 service under the State system.

(b) Retirement Code reference: Section 8306 of the Retirement Code (relating to eligibility points).

The provisions of this § 213.6 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial page (288188).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.7 Eligibility for annuities.

(a) To be eligible for any annuity payable under the Retirement Code and this part a member shall have at least one eligibility point.

(b) Retirement Code reference: Section 8307 of the Retirement Code (relating to eligibility for annuities).

The provisions of this § 213.7 adopted April 22, 1977, 7 Pa.B. 1084; amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226. Immediately preceding text appears at serial page (233074).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.9 Eligibility for death benefits.

(a) In the event of the death of a member, the member’s beneficiary, or estate shall be entitled to death benefits if the member was eligible for an annuity in accordance with section 8307(a) or (b) of the Retirement Code (relating to eligibility for annuities). If the deceased member is not eligible for an annuity, the member’s beneficiary or estate shall only be entitled to receive the accumulated deductions standing to the member’s credit in the Fund. The Board may pay the next of kin, in the absence of a beneficiary, under the special circumstances provided in 20 Pa.C.S. § 3101 (relating to payments to family and funeral directors).

(b) Retirement Code reference: Section 8309 of the Retirement Code (relating to eligibility for death benefits).

The provisions of this § 213.9 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (288188) to (288189).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.10 Eligibility for refunds.

(a) An active member, upon termination of service, may elect to receive the member’s accumulated deductions in lieu of any benefit to which the member would otherwise be entitled and the election shall constitute an irrevocable waiver of the entitlement unless there is a subsequent return to and reinstatement of service.

(b) Retirement Code reference: Section 8310 of the Retirement Code (relating to eligibility for refunds).

The provisions of this § 213.10 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226. Immediately preceding text appears at serial page (233074).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.22 Joint coverage member contributions.

(a) New members of the System, or former members returning to school service, are not eligible to make joint coverage member contributions. These contributions shall be limited to members who meet all the following criteria:

(1) They were in active membership in the System subsequent to May 28, 1957.

(2) Their current period of membership began prior to January 1, 1966.

(3) They are covered by Federal Social Security.

(4) They have not filed an election to convert to the full coverage group.

(b) Retirement Code reference: Section 8322 of the Retirement Code (relating to joint coverage member contributions).

The provisions of this § 213.22 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226. Immediately preceding text appears at serial page (227293).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.24 Contributions for the purchase of credit for creditable school and nonschool service.

(a) Source of contributions. As provided in sections 8303 and 8304 of the Retirement Code (relating to eligibility points for retention and reinstatement of service credits; and creditable nonschool service), creditable school and nonschool service shall be purchased entirely by the member, except in the following cases:

(1) In the case of former uncredited school service, when an employer has failed to credit service through administrative error, the employer is required to pay its share of the contributions for the service, although the active member is responsible for the member’s share.

(2) In the case of service rendered by an active member to a county board of school directors, now designated an intermediate unit, the member is only responsible for the purchase of the member’s share for the previous service rendered to the county board of directors.

(3) Except for sabbatical leaves of absence, in the case of approved leaves of absence, the employee is required to pay for the purchase of creditable nonschool service, both the member’s share and the employer’s share if it is purchased after the leave of absence has expired. If the employer reports the leaves currently based on the employee’s salary as if the employee had been in full-time employment during the leave period, the employee is only required to pay the employee share, whereupon the employer has a corresponding liability based on normal contribution rate.

(b) Contributions for purchase of nonintervening military service. The amount due for the purchase of nonintervening military service shall be calculated as follows: The average of the first 3 years’ salaries subsequent to the military service, multiplied by the sum of the member’s basic contribution rate and the normal contribution rate as determined by section 8328 of the Retirement Code (relating to actuarial cost method), relating to Commonwealth and district shares, and multiplied by the number of years or fractional years of military service. All amounts certified by the Board for the purchase of the service shall be in accordance with methods approved by the actuary. Nonintervening military service may not be purchased unless the active member has received at least 3 years of salary and completed at least 3 years of subsequent credited school service as either a Class T-C or Class T-D member.

(c) Contributions for purchase of intervening military service. An active member eligible to purchase credit for intervening military service shall pay the amount due in accordance with the following formula: The member’s basic contribution rate at the time of entry into the active military service multiplied by the member’s then compensation and by years of the military service together with statutory interest during all periods of subsequent school and State service to the date of purchase, if all the amounts due shall be in accordance with methods certified and approved by the actuary.

(d) Contributions for purchase of other creditable nonschool service. An active member shall pay the amount due for creditable nonschool service in accordance with the following formula: The member’s basic contribution rate plus the normal contribution rate, applied to the member’s first year salary of credited school service subsequent to the creditable nonschool service sought to be purchased, multiplied by the number of years or fractional parts of a year of the service purchased, together with statutory interest during all subsequent years of school or State service to the date of purchase. This formula for purchase does not apply in the case of purchase of creditable nonschool service rendered to a county board of school directors. In this event, the member shall only pay the amount due based on the member’s basic contribution rate exclusive of the normal contribution rate.

(e) Retirement Code reference: Section 8324 of the Retirement Code (relating to contributions for purchase of credit for creditable nonschool service).

The provisions of this § 213.24 amended under the Public School Employees’ Retirement Code, 24 Pa.C.S. § § 8502(h) and 8507(d).

The provisions of this § 213.24 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended May 10, 2002, effective May 11, 2002, 32 Pa.B. 2326; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (288190) to (288192).

Subsection (a) contemplates that employe contributions serve as full payment for employes’ purchases of prior service credits for retirement benefits and, except for instances specified therein, neither mandate nor warrant employer contributions. Board of School Directors for Tredyffrin/Easttown School District v. Public School Employees’ Retirement Board, 430 A.2d 1018 (Pa. Cmwlth. 1981), appeal docketed No. 81-2-266 (Pa. 1981).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.25 Incomplete payments.

(a) Right to make incomplete payments. The right of a member to complete payments, once commenced, within 30 days after termination of school service, as provided in section 8325 of the Retirement Code (relating to incomplete payments), shall be available only to the member and to no other person, including a beneficiary.

(b) Result of incomplete payments. If a member fails to pay the balance of the agreed-upon payments due within 30 days of termination of school service, or if a member dies in school service, or 30 days thereafter, the annuity benefit to which the member would otherwise be entitled shall be reduced by the actuarial equivalent of the debt, including statutory interest.

(c) Death of a member. If a member applies for the purchase of service and dies prior to certification by the Board of the amount due for the service, the purchase of service shall be completed after the certification is made, by reducing the annuity benefit by the actuarial equivalent of the debt, including statutory interest; provided, in the case of nonschool service, the purchase does not negatively impact the present value.

(d) Retirement Code reference: Section 8325 of the Retirement Code.

The provisions of this § 213.25 amended under the Public School Employees’ Retirement Code, 24 Pa.C.S. § § 8502(h) and 8507(d).

The provisions of this § 213.25 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended May 10, 2002, effective May 11, 2002, 32 Pa.B. 2326; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (288192) and (328581).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.27 Payments by employers.

(a) To facilitate the payment by employers of the contributions required quarterly based on the compensation paid during the pay period representing that quarter, each employer shall be required to file monthly reports representing the total compensation paid for that month no later than 10 days following the end of that month. The Board will, upon receipt of the monthly reports comprising each quarter, bill the employer no later than 45 days subsequent to the end of the preceding quarter, the billing to be either an actual billing based on payroll for the preceding quarter or an estimated billing, as the case may be. Subsequent to the billing, the employer shall pay the billed amount no later than 5 business days after the employer’s receipt of the Commonwealth employer contribution reimbursement subsidy for the quarter. If an employer fails to make timely payments, the Board will certify to the State Treasurer and Secretary of Education, the name of that delinquent employer, whereupon the Commonwealth employer contribution reimbursement subsidy due to that employer nearest the date following the delinquency shall be reduced by the amount of the delinquency or amount found owing.

(b) If an employer is delinquent in paying employer contributions as provided in subsection (a) or in failing to remit employee contributions in a timely manner as required in section 8506(c) of the Retirement Code (relating to duties of employers), the Board will impose an interest charge of 6% per annum to the date of payment, to be added to the amount of the delinquency, whether payment shall occur through the subsidy deduction method or shall be made directly to the Board by the delinquent employer.

(c) Retirement Code reference: Section 8327 of the Retirement Code (relating to payments by employers).

The provisions of this § 213.27 amended October 20, 1978, 8 Pa.B. 2880; amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial page (328581).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.30 Appropriations by the Commonwealth.

(a) The Board will prepare and, through the Governor, submit annually to the General Assembly, an itemized budget consisting of the amounts necessary to be appropriated based on the actuarial cost method as certified by the actuary and presented to the Board. The sum of the various contribution rates established by the actuary, as certified by the Board, shall be applied to the total projected member payroll for the succeeding fiscal year.

(b) Retirement Code reference: Section 8330 of the Retirement Code (relating to appropriations by the Commonwealth).

The provisions of this § 213.30 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226. Immediately preceding text appears at serial pages (203009) to (203010).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.41 Return of accumulated deductions.

(a) A member who elected to receive only accumulated deductions, in lieu of any other benefit to which the member would otherwise be entitled, shall, by the election, be deemed to have irrevocably waived entitlement to the other benefits except as otherwise provided in the event a member returns to school service and qualifies for membership in the System.

(b) Retirement Code reference: Section 8341 of the Retirement Code (relating to return of accumulated deductions).

The provisions of this § 213.41 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial page (328583).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.44 Disability annuities.

(a) An active or inactive member with at least 5 years of credited school service shall be eligible, upon submitting appropriate medical evidence, to a disability annuity, but may not be entitled to elect any option on any portion of the disability annuity. A member entitled to a disability annuity, having five or more eligibility points, is entitled to select a joint and survivor option on that portion of the annuity to which the member is otherwise entitled.

(b) A disability annuitant no longer entitled to disability annuity in accordance with section 8505(c)(2) or 8508(b) or (c) of the Retirement Code (relating to duties of board regarding applications and elections of members; and rights and duties of annuitants), is entitled to either file an application for the election of optional modification of the annuity to which the annuitant would be otherwise entitled in accordance with section 8342 of the Retirement Code (relating to maximum single life annuity) or vest the benefit, if the annuitant has at least five or more eligibility points. If a disability annuity ceases and the member does not return to school service, the member is, if the member has not already received on account of the member’s annuity the amount of the accumulated deductions, entitled to the difference upon application.

(c) Payments on account of disability shall be reduced by that amount by which the earned income of the annuitant, as reported in accordance with section 8505(b) of the Retirement Code, for the preceding year together with the disability annuity payments for the year, exceeds the greater of $5,000 or the last year’s salary of the annuitant as a school employee, provided, the annuitant will not receive less than his member’s annuity or the amount to which the annuitant may be entitled under section 8342 of the Retirement Code whichever is greater.

(d) Retirement Code reference: Sections 8307(d) and 8344 of the Retirement Code (relating to eligibility for annuities; and disability annuities).

The provisions of this § 213.44 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (328583) to (328584).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.45 Change in benefit payment plan.

(a) Notwithstanding the otherwise irrevocable nature of the election of a benefit payment plan, an annuitant may declare an intent to change the final terms of the benefit payment plan by filing a written intent with the System within 30 days of the annuitant’s receipt of the initial benefit letter sent to the annuitant by the System. The letter will be deemed to be received by the annuitant 3 business days after the date of mailing.

(b) Notwithstanding the otherwise irrevocable nature of the election of a benefit payment plan, an annuitant may declare an intent to change the final terms of the benefit payment plan by filing a written intent with the System within 30 days of the annuitant’s receipt of the statement provided for in section 8505(g) of the Retirement Code (relating to duties of board regarding applications and elections of members), which statement will be deemed to be received by the annuitant 3 business days after the date of mailing, if one of the following conditions are met:

(1) The annuitant’s retirement records contain an error regarding service credit, salary or accumulated deductions that was not corrected by the System until after the application for an annuity was filed, and either of the following exists:

(i) The difference between the monthly annuity as corrected and the monthly annuity calculated with the error is more than 5%.

(ii) The error results in the member losing eligibility for a benefit other than an annuity.

(2) The annuitant demonstrates that the annuitant, or the annuitant’s agent, made a written error on the application for an annuity. The System will not consider a change in the life circumstances of the annuitant, beneficiaries or survivor annuitants (for example, death, divorce, illness, accident) as evidence of a written error.

(c) The intended changes may include one or a combination of the following:

(1) A change in the amount of money withdrawn under Option 4.

(2) A change in the retirement annuity type, if the member is otherwise eligible for the annuity.

(3) A change in the retirement option, including a change in the survivor annuitant under the existing option selection.

(4) A voiding of the application for an annuity.

(5) A change in the effective date of retirement, if the date is not:

(i) Before the earliest date the annuitant was eligible to select on the date the original application for an annuity was filed.

(ii) Later than 90 days after the intent to change is filed.

(d) An annuitant who has declared an intent to change under subsection (a) or (b) will not be permitted to complete the change unless the annuitant receives counseling on the benefits available under the Retirement Code, or executes a written waiver of counseling on a form prescribed by the System. The counseling is subject to the following rules:

(1) The counseling is provided by an employee or authorized representative of the System.

(2) Counseling, or a written waiver, takes place within 30 days of the filing of the intent to change.

(3) The Secretary of the Board or a designee may extend the period for counseling upon written request filed within the 30-day period, but in no case will the period for counseling be greater than 90 days.

(4) If counseling takes place over several sessions, the sessions take place within the allowed time period.

(5) If the annuitant fails to receive counseling, or to file a written waiver of counseling within the allowed time period, the intent to change will be deemed withdrawn.

(6) Counseling may be conducted by telephone when approved, and under conditions specified by the Secretary.

(e) A formal request to void or change the application for an annuity shall be filed with the System within 30 days of the date of completion of counseling, or within 30 days of the filing of the written waiver of counseling. If the System does not receive the formal request to void or change the application for an annuity within the prescribed time period, the intent to change will be deemed withdrawn.

(f) The right to void or change a benefit payment plan is personal to the annuitant and may only be exercised by the annuitant or the annuitant’s attorney in fact. The estate, spouse, alternate payee, survivor annuitants or beneficiaries of an annuitant may neither file nor complete an intent to void or change the benefit payment plan. If an annuitant dies before filing or completing an intent to void or change the benefit payment plan, the intent will be deemed withdrawn.

(g) An annuitant may file an intent to change one time under subsection (a) and one time under subsection (b).

(h) Changes will be retroactive to the member’s original effective date of retirement unless the date is changed as part of the changed application for an annuity.

(1) For a changed application to become effective, the annuitant shall either return any excess monthly annuity payments or moneys withdrawn under Option 4 within 30 days after the date of certification of the amount due or elect an actuarial reduction to be applied to the annuitant’s account.

(2) For an annuity to be voided, the annuitant shall either return all moneys received in a lump sum within 30 days after the date of certification of the amount due or elect an actuarial reduction to be applied to the annuitant’s account.

(3) If the annuitant fails to return the required amounts or elect an actuarial reduction as set forth in paragraphs (1) and (2), as the case may be, within 30 days, an actuarial reduction shall be applied to the annuitant’s account.

(i) For purposes of this section, the System will consider a document as filed only upon actual receipt by the System. For a document properly sent by certified mail, return receipt requested, the System will deem the postmark date to be the date of filing. For a document sent by facsimile, the System will accept the date of the facsimile as the date of filing, if the original document is actually received within 10 days of the date of the facsimile.

(ii) Actuarial reduction.

(2) For an annuity to be voided, the annuitant shall either return all moneys received in a lump sum within 30 days after the date of certification of the amount due or elect a debt to be applied to the annuitant’s account.

(3) If the annuitant fails to return the required amounts or elect a debt as the case may be, the intent to change or void will be deemed withdrawn.

(i) For purposes of this section, the System will consider a document as filed only upon actual receipt by the System. For a document properly sent certified mail, return receipt requested, the System will deem the postmark date to be the date of filing. For a document sent by facsimile, the System will accept the date of the facsimile as the date of filing, if the original document is actually received within 10 days of the date of the facsimile.

(j) This section shall be effective June 13, 1998. This section also applies to annuitants who, prior to June 13, 1998:

(1) Requested a change in their benefit payment plan.

(2) Appealed the System’s denial.

(3) Otherwise qualify under this section.

(k) This section does not allow the annuitant to change a benefit payment plan in a manner inconsistent with the terms of an approved domestic relations order under sections 8533.1—8533.4 of the Retirement Code.

(l) Retirement Code reference: Section 8345 of the Retirement Code (relating to member’s options).

The provisions of this § 213.45 amended June 12, 1998, effective June 13, 1998, 28 Pa.B. 2688; amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (328584) and (249417) to (249418).

Application

The death benefits payable to a decedent’s beneficiary is governed by the retirement benefits option elected by the decedent in her retirement application, and that application may not be changed after her death to increase the death benefits of her beneficiary, where the Retirement System and the decedent entered into a binding retirement benefits contract when she filed the properly completed application before the effective date of her retirement. Krill v. Public School Employees’ Retirement Board, 713 A.2d 132 (Pa. Cmwlth. 1998).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.46 Termination of annuities.

(a) Return to school service or entering school service. An annuity payable under the Retirement Code will be automatically discontinued if the annuitant returns to school service or enters State service and elects multiple service except as otherwise provided in section 8346 of the Retirement Code (relating to termination of annuities).

(b) Entering State service. An annuity payable under the Retirement Code shall also cease if the annuitant enters State service and elects multiple service membership within 365 days thereafter, which shall cover all periods of subsequent State service until there is a discontinuance thereof. An annuitant entering State service, who has failed to elect multiple service membership within 365 days thereafter, is not eligible to elect the membership.

(c) Return to school service in the event of emergency or shortage. An annuitant returning to school service in an emergency or shortage situation, as provided in section 8346(b) of the Retirement Code, and who works beyond the school year during which the emergency or shortage occurs, shall suffer discontinuance of an annuity thereafter, and the Board will make adjustment as the case may warrant.

(d) Return to school service in an extracurricular position. An annuitant may be employed under separate contract by a public school or charter school in an extracurricular position that is performed primarily outside regular instructional hours and is not part of a mandated curriculum without loss of annuity. For purposes of this section, the term ‘‘extracurricular position’’ means a contract position, including the position of athletic director, filled by an annuitant that is separate from the established academic course structure.

(e) Termination of annuitants—independent contractor. An annuitant may render service without discontinuance of an annuity if the annuitant renders it in the capacity of an independent contractor for a sum certain and for a specific period of time, under a contract approved by the employer. The Board has the right to determine whether the services to be performed are such as to warrant the conclusion that it is an independent contract relationship. The Board may also inquire as to the circumstances surrounding an annuitant who seeks to render services as an independent contractor to determine whether the relationship does exist, thereby entitling the person to both an annuity and the contractor or consultant fees simultaneously. In any case in which the Board finds that the relationship may be contrary to the intent of this section, the Board has the right to discontinue the annuity or make the adjustment as the circumstances warrant.

(f) Retirement Code reference: Section 8346 of the Retirement Code.

The provisions of this § 213.46 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B 4083. Immediately preceding text appears at serial page (328585).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.47 Death benefits.

(a) If a beneficiary is not designated, or if a designated beneficiary predeceases the member or fails to survive the member by 30 days, the benefits shall be payable to the estate of the member, or to the next of kin, 20 Pa.C.S. § 3101 (relating to payments to family and funeral directors), as the case may be.

(b) If a maximum single life annuitant dies before receiving in monthly annuity payments the total amount of the accumulated deductions, the balance of the total accumulated deductions less total annuity payments received shall be paid to the designated beneficiary without regard to the actual proportion the employer’s share represents to the total monthly annuity payments actually received before death.

(c) Retirement Code reference: Sections 8347 and 8349 of the Retirement Code (relating to death benefits; and payment of benefits).

The provisions of this § 213.47 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (328585) to (328586).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.
22 Pa. Code § 213.49 Payment of benefits.

(a) An annuity granted under the Retirement Code will not be paid in other than equal monthly payments. Option 4 may provide for lump sum installments of no more than the accumulated deductions to be paid to the member before or after equal monthly payments commence.

(b) If a beneficiary predeceases a member, or dies within 30 days of the member’s death, or if there is no valid beneficiary designation on file to take effect at death, money payable from the account of the member shall be paid to the estate of the member or next of kin, under 20 Pa.C.S. § 3101 (relating to payments to family and funeral directors) as the case may be.

(c) As in the case of a member, an election by a beneficiary for an annuity, when made, shall be deemed to be irrevocable.

(d) Retirement Code reference: Section 8349 of the Retirement Code (relating to payment of benefits).

The provisions of this § 213.49 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial page (328586).

History

  • Authority: The provisions of this Chapter 213 issued and amended under the Public School Employes’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 213 adopted April 2, 1976, effective April 3, 1976, 6 Pa.

Chapter 215 General Administration

22 Pa. Code § 215.2 Administrative duties of the Board.

(a) The Board will furnish, to the extent required by Federal law, information to members concerning those provisions of the Internal Revenue Code which may impose a tax liability upon a member or beneficiary. The sole responsibility for the tax liability, including the tax computation, is imposed upon the member and not the Board and the member should consult tax counsel or legal counsel for advice in these matters since the Board is not qualified or required to offer advice.

(b) Under section 8502(g) of the Retirement Code (relating to administrative duties of board), an employer failing to comply with procedures as mandated in the Retirement Code dealing with duties imposed upon employers, shall pay for the cost of performing these duties, if the Board initiates action to perform the duties on behalf of the employer not doing so. If an employer is delinquent in the payment of contributions in accordance with section 8327 of the Retirement Code (relating to payments by employers), the Board will notify the Secretary of Education and the State Treasurer of the delinquency for the action as those officials are required to take hereunder, consistent with the billing and delinquency requirements in § 213.27(a) (relating to payments by employers).

(c) Regulations adopted and promulgated for the uniform administration of the System shall be subject to prior approval by the actuary with respect to all computational procedures used in the calculation of contributions, benefits and related matters.

(d) The Board will, each year, in addition to its itemized budget, which is submitted through the Governor’s Office for General Assembly approval, also certify to the employers and the Commonwealth that percentage of total member’s payroll necessary for the funding of prospective annuities for active members and the rates and amounts of normal accrued liability and supplemental contributions to be paid to the Fund, which actuarial certification will be regarded as final after Board approval. It is not subject to modification by the Budget Secretary or any other Commonwealth official.

(e) The Board will, in compliance with the percentage certifications in subsection (e), determine within 30 days following the end of each quarter the amount due based thereon, taking into consideration the member’s total payroll and shall submit simultaneously therewith a requisition for the amount determined to be due from the Commonwealth.

(f) The Board will credit to the account of each member all amounts paid by the member into the fund, including the member’s contributions for current service, payroll deductions for the purchase of service as otherwise provided in this part or lump sum payments for the purchase of service. A person or governmental employer may not make payments on behalf of the member unless authorized by the Retirement Code or this part. Member contributions shall be credited with statutory interest until the date of termination of service, except in the case of the vestee. In that event, statutory interest shall be credited until the effective date of retirement or until a return of the accumulated deductions, if the member so elects. In the case of a multiple service member, interest shall be credited to the member’s accounts in each system until a termination of State and school service.

(g) Retirement Code reference: Section 8502 of the Retirement Code.

The provisions of this § 215.2 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (328587) to (328588) and (249423).

History

  • Authority: The provisions of this Chapter 215 issued under the Public School Employees’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 215 adopted April 2, 1976, 6 Pa.
22 Pa. Code § 215.5 Duties of the Board.

(a) Application, elections and disability annuities. Duties of the Board regarding applications and elections of members and disability annuities include the following:

(1) Subsequent to the receipt of an application for a disability annuity based on physical and mental incapacity for the performance of a job for which the member is employed, the Board will, through its chief medical examiner, and other medical examiners it may engage, cause the applicant to be examined. On the basis of the medical evidence submitted, a recommendation shall be submitted to the Board stating whether a disability should be granted, together with a report as to the permanency of the disability or the need for periodic examinations as well as the time interval for the examinations. The Board will also establish an effective date of disability which shall be the day following the last day of compensation.

(2) A disability applicant who is required by the Board to furnish additional medical documentation to support the application, shall provide the documentation within 30 days of the request, or the Board may render the disability application void.

(3) The chief medical examiner, or other medical examiners the Board may engage, may recommend to the Board, on the basis of subsequent medical examinations, whether a disability annuitant should continue on disability or whether a finding of nondisability may be appropriate. In the latter event, the Board will establish the date of termination of disability, based on the recommendation of the medical examiner, whereupon the disability annuity shall be discontinued in excess of any annuity to which the member may be otherwise entitled under section 8342 of the Retirement Code (relating to maximum single life annuity).

(4) If the Board denies a disability applicant for insufficient medical evidence, the applicant may still file, within 90 days after notification of the denial, an application to vest or take an annuity, if the applicant is eligible. The filing shall be considered timely, as of the original eligibility date, for the purposes of payment of other benefits or vesting, as the case may be.

(5) A disability annuity may also be subject to a disability annuity adjustment depending upon the earned income of the annuitant, as provided in section 8505(c)(3) of the Retirement Code (relating to duties of board regarding applications and elections of members).

(b) Refund to members. If the Board finds that a member is terminating service at the end of a school year intending to return the subsequent school year, following vacation periods, and to reinstate accumulated deductions, the Board may choose not to pay the deductions in the first instance. The Board may require certification from the employer that these events are not intended.

(c) Payment of annuities. Payment of annuities shall include tax information required by the Internal Revenue Code.

(d) Miscellaneous duties. Miscellaneous duties include the following:

(1) If a member dies in service and is eligible for a death benefit, the Board will, within 60 days after receipt of the necessary data and death certificate, pay the death benefit to the designated beneficiary or survivor annuitant, as the case may be.

(2) If the Board receives notification from an insurance carrier approved by the Board that an annuitant has elected appropriate hospitalization insurance coverage, the Board will deduct from the annuity payments the appropriate monthly installment and forward the deduction to the particular insurance carrier at times as the Board and carrier mutually agree.

(3) In cases of doubt, the Board will determine whether any person is a school employee within the meaning of the Retirement Code. The Board will also determine whether a person is an independent contractor or a person compensated on a fee basis upon review of all the circumstances surrounding the employment of the person seeking membership in the program.

(e) Retirement Code reference: Section 8505 of the Retirement Code.

The provisions of this § 215.5 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (249423) to (249424).

History

  • Authority: The provisions of this Chapter 215 issued under the Public School Employees’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 215 adopted April 2, 1976, 6 Pa.
22 Pa. Code § 215.6 Duties of employers.

(a) The following procedures shall be employed for reporting salaried, per diem and hourly employees:

(1) Salaried employees. Reporting procedures for salaried employees must comply with the following:

(i) Part time salaried employees, irrespective of the percentage of time employed, shall be reported based on the percentage of time employed, as it relates to full time salaried employees. If requested, the employer shall furnish, under section 508 of the Public School Code of 1949 (24 P. S. § 5-508), minutes of board meetings indicating the conditions of employment of the individuals.

(ii) This procedure does not affect the enrollment of salaried employees who are currently members of the System. The member’s purchase of the previous part time salaried service in the 1975-76 school year shall be either a lump sum payment or a method agreed upon by the System and the member without application of interest.

(2) Per diem and hourly employees. Since a per diem or hourly employee is required to become a member of the System during a school year in which the employee works 80 days or 500 hours, an employer is responsible for determining if that person becomes eligible for membership during the fiscal year.

(i) If the employer anticipates that an employee shall become eligible for membership during the school year, the employee shall be enrolled as a member at the beginning of the school year, or upon employment, and contributions shall be deducted on a current basis. This service shall be counted for retirement purposes.

(ii) If an employee is enrolled as a member at the beginning of the school year, or when employed, and does not qualify during that school year, the employee is then entitled to a refund of accumulated deductions. If an employee is not enrolled at the beginning of the school year, or date of employment, but qualifies during the school year, the employer shall make deductions from that time forward and the employee and employer shall be billed for the first 500 hours or 80 days.

(b) Retirement Code reference: Section 8506 of the Retirement Code (relating to duties of employees).

The provisions of this § 215.6 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (249424) to (249425).

History

  • Authority: The provisions of this Chapter 215 issued under the Public School Employees’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 215 adopted April 2, 1976, 6 Pa.
22 Pa. Code § 215.7 Rights and duties of school employees and members.

(a) Information on new employees. Each new school employee shall provide the employer with a complete record of previous school or State service, or creditable nonschool service, proof of date of birth, in the order of preference set forth in subsection (b), home address, current status in the System and other information the Board may require. Willful failure to provide the information required by this subsection, to the extent available, or the furnishing of erroneous information upon entrance into the System shall result in the forfeiture of the right of the member to subsequently assert any right to benefits based on the erroneous information or on any of the required information which the member failed to provide, intentionally or otherwise. If the Board finds that a member is receiving an annuity based on false, misleading or improper information, the additional amounts received predicated on the information together with statutory interest doubled and compounded shall be deducted from the present value of any remaining benefits to which the member is legally entitled and the remaining benefits shall be correspondingly decreased.

(b) Proof of date of birth. Proof of date of birth will be accepted in the following order of preference:

(1) Birth certificate.

(2) Baptismal record.

(3) Selective service record.

(4) Armed forces discharge.

(5) Passport.

(6) School record.

(7) Life insurance policy.

(8) Naturalization record.

(9) Alien registration record.

(10) Other records as may be submitted by the member, which are acceptable to the Board.

(c) Election of multiple service. An active member from and after the effective date of the Retirement Code who was formerly a member in the State Employees’ Retirement System, may elect multiple service coverage if the election is made no later than 365 days after active membership in this System.

(d) Beneficiaries. Every member shall nominate a beneficiary and, if desired, a contingent beneficiary, in writing with the Board. In all these cases, the designated or contingent beneficiary, as the case may be, shall be the only one entitled to receive the accumulated deductions or the death benefit for those who die in service or those who would be entitled to a benefit under Option 1 under section 8345 of the Retirement Code (relating to member’s options). If the beneficiary or designated contingent beneficiary fails to survive the member, the payment, subject to the limitation in 20 Pa.C.S. § 3101 (relating to payments to family and funeral directors) shall be paid to the next of kin. If the applicable limitation cannot be met, the payment, in the absence of a designated beneficiary, shall be paid to the estate upon the submission of documents required by the Board to authorize payment.

(e) Termination. Upon termination of service, a member, by written application, may elect to do one of the following:

(1) Withdraw the accumulated deductions, thereby forfeiting other benefit, to which the member would otherwise be entitled.

(2) Vest the retirement account, thereby making the member eligible for the vesting benefits as otherwise provided in this part. If the member is a joint coverage member, the member may elect to become a full-coverage member and to pay the lump sum required within 30 days subsequent to termination of service.

(3) Receive an immediate annuity and, in the case of joint coverage membership, pay the lump sum required to become a full-coverage member within 30 days of termination of service.

(f) Rights of vestees. A vestee may, subsequent to vesting, and at any time during the vesting period, withdraw the accumulated deductions, thereby forfeiting other benefits to which the vestee would be otherwise entitled, or apply for an annuity, if the vestee has at least five eligibility points. The vestee shall also nominate a beneficiary to receive the vested benefits should the vestee fail to survive the receipt of the benefit.

(g) Right of vestee at superannuation age. For a vestee to be entitled to, and receive, an annuity, effective the date the vestee attains superannuation age, the vestee shall file an application no later than 90 days thereafter. An application subsequently filed shall be effective upon the date filed. If a vestee dies within the 90-day period subsequent to superannuation age, not having filed an application for benefits, the vestee shall be deemed to have elected the automatic death benefit Option 1.

(h) Nomination of beneficiary or survivor annuitant. A member in receipt of a reduced annuity, under any of the options, shall have the following rights with regard to designation of a beneficiary or survivor annuitant:

(1) If a member elects Option 1, the member may change the designated beneficiary at any time.

(2) If the member elects a survivor annuity option, a new survivor annuitant may not be named except when the survivor annuitant predeceases the member or the member has a change in marital status subsequent to the election of the option. In these cases, the annuity shall be recomputed to be actuarially equivalent as of the date of recomputation to the annuity in effect immediately prior thereto. In this case, the member may elect a new option in addition to the new survivor annuitant. A benefit plan may not be changed by an annuitant.

(3) An annuitant having a right to reelect an option and name a new survivor annuitant under the circumstances in paragraphs (1) and (2), may do so at any time after the death of the beneficiary or change in marital status.

(i) Retirement Code reference: Section 8507 of the Retirement Code (relating to rights and duties of school employees and members).

The provisions of this § 215.7 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (249426) and (328589) to (328590).

Election of Multiple Service

A claimant cannot be permitted to purchase years of prior State service after the statutory 30-day limit has expired even though the only notice of the 30-day time period she received was in a ‘‘welcome’’ letter from the Public School Employes’ Retirement System personally addressed to her with an application enclosed, and allegedly she received no such notice from her employer, the school district. Tyson v. Public School Employes’ Retirement System, 737 A.2d 325 (Pa. Cmwlth. 1999); appeal denied 757 A.2d 937 (Pa. 2000).

Nomination of Beneficiaries Form

Decedent, who was a member of the Public School Employees’ Retirement System (PSERS) and had previously designated her children as beneficiaries on Nomination of Beneficiaries form supplied by PSERS, executed an Assignment shortly before her death purporting to make trust beneficiary of her PSERS account; the Assignment filed by Trustee was rejected because purported change in beneficiaries was not an effective change since it was not on the form provided by the Public School Employees’ Retirement Board as required by regulation. Greene v. Public School Employees’ Retirement Board, 878 A.2d 153, 157 (Pa. Cmwlth. 2005).

History

  • Authority: The provisions of this Chapter 215 issued under the Public School Employees’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 215 adopted April 2, 1976, 6 Pa.
22 Pa. Code § 215.23 Member’s savings account.

(a) Interest is credited to each member’s savings account during active or inactive service and also during the period a vestee retains vested credits. Interest is not credited to a member’s savings account if the member has terminated service or has been an inactive member over 2 years and is not eligible for vested benefits. The rate of interest when credited is the statutory rate of 4% per annum.

(b) Retirement Code reference: Section 8523 of the Retirement Code (relating to member’s savings account).

The provisions of this § 215.23 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226. Immediately preceding text appears at serial page (238122).

History

  • Authority: The provisions of this Chapter 215 issued under the Public School Employees’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 215 adopted April 2, 1976, 6 Pa.
22 Pa. Code § 215.33 Taxation, attachment and assignment of funds.

(a) The exemption provided in this section also includes a spouse’s election authorized under 20 Pa.C.S. § § 6108 and 6111 (relating to designation of beneficiaries of insurance or employee death benefits not testamentary; and, 6109 = combination of charitable trusts (repealed), 6111 = conveyances to defeat marital rights (repealed)) to the extent applicable.

(b) Retirement Code reference: Section 8533 of the Retirement Code (relating to taxation, attachment and assignment of funds).

The provisionis of this § 215.33 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial page (328591).

History

  • Authority: The provisions of this Chapter 215 issued under the Public School Employees’ Retirement Code, 24 Pa.
  • Source: The provisions of this Chapter 215 adopted April 2, 1976, 6 Pa.

Part XIV Professional Standards and Practices Commission

Chapter 233 Bylaws—Statement of Policy

22 Pa. Code § 233.101 Definitions.

The definitions in section 1.2 of the act (24 P. S. § 2070.1b) are incorporated by reference. The following word, when used in this chapter, has the following meaning, unless the context clearly indicates otherwise: Act—The Educator Discipline Act (24 P. S. § § 2070.1a—2070.18c).

The provisions of this § 233.101 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial page (289661).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.102 Purpose.

The Commission is committed to providing leadership for improving the quality of education in this Commonwealth by establishing high standards for preparation, certification, practice and ethical conduct in the teaching profession. As the body charged with the oversight and enforcement of the educator discipline system, the primary goal of the Commission is to ensure the health, safety and welfare of students and other individuals in schools in this Commonwealth while facilitating the fair, efficient and transparent adjudication of complaints against educators.

The provisions of this § 233.102 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial page (289661).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.103 Powers and duties.

The powers and duties of the Commission are set forth in section 5 of the act (24 P. S. § 2070.5). In assessing the effectiveness of educator preparation programs to provide recommended changes to the State Board, the Commission may conduct site reviews of individual teacher preparation programs unilaterally or participate in site reviews conducted by the Department or other agencies and organizations.

(1) The Commission may recommend to the State Board changes in teacher education standards based on Commission conducted analyses of the Department program approval process.

(2) In recommending these changes, the Commission may organize and operate an annual review of and address the strengths and weaknesses of the program review process.

(3) Recommendations made by the Commission under section 5 of the act will be presented publicly at scheduled meetings of the State Board prior to State Board action on regulations, standards or guidelines affecting teacher certification, professional practices, accreditation of teacher education programs and long range plans.

(4) Recommendations will be made in a timely fashion to facilitate the work of the State Board.

The provisions of this § 233.103 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.104 Membership and qualifications.

The membership and qualifications of the Commission are set forth in sections 3 and 4 of the act (24 P. S. § § 2070.3 and 2070.4). When a vacancy on the Commission occurs, it is the duty of the Chairperson to notify the Governor of interim vacancies. The Chairperson will also notify the Governor of the expirations of terms of commissioners at least 180 days before those expirations.

The provisions of this § 233.104 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.105 Officers.

(a) Governor’s selection. Under the act, the Governor will annually select a Chairperson from among the membership of the Commission.

(b) Selection of Vice Chairperson. At the first regular meeting held after the Governor’s selection of a Chairperson, the Chairperson will select a Vice Chairperson for the calendar year, subject to the consent of the Commission.

(c) Vacancies. Permanent and temporary vacancies will be governed by the following:

(1) If there is a vacancy in the position of Chairperson, the Vice Chairperson will serve as Chairperson pro tempore until a new Chairperson is appointed by the Governor.

(2) If there is a vacancy in the position of Vice Chairperson, the Chairperson will select a new Vice Chairperson to fill the remainder of the original term subject to the consent of the Commission.

(3) If vacancies occur in the positions of the Chairperson and Vice Chairperson concurrently, the Executive Director of the Commission will conduct an election for replacements before further Commission business is conducted. The person elected as Chairperson will hold the office of Chairperson pro tempore until a Chairperson is named by the Governor, and the person will thereafter serve as the Vice Chairperson pro tempore until a Vice Chairperson is chosen by the Chairperson and confirmed by the Commission.

(4) In the absence of the Chairperson or Vice Chairperson or a person designated by the Chairperson or Vice Chairperson to serve temporarily as the Chairperson, the Commissioners will select a Chairperson pro tempore.

(d) Duties of the Chairperson.

(1) The Chairperson will preside at all meetings of the Commission in accordance with this chapter and, in the absence of appropriate bylaw provisions, in accordance with the latest edition of Robert’s Rules of Order.

(2) Under the act, the Chairperson, or a Commission member designated by the Chairperson, is an ex officio member of the State Board without voting privileges or assignment to either council.

(3) The Chairperson will guide the Commission in the execution of its duties.

(4) The Chairperson will refer studies and investigations to the appropriate committee and will receive from it, for placement on the Commission’s agenda, the findings and recommendations of the committees.

(5) The Chairperson will establish, when advisable or necessary, temporary committees to assist the Commission in carrying out its functions as prescribed by law.

(6) The Chairperson will prepare, in cooperation with the Executive Director, the agenda for meetings of the Commission.

(7) The Chairperson will advise the Executive Director between meetings of the Commission.

(8) The Chairperson, in cooperation with the Executive Director, will monitor the reimbursement of expenses incurred by the Commissioners.

(9) The Chairperson will represent the Commission before the public.

(10) The Chairperson will perform all duties ordinarily identified with the position of Chairperson.

(11) The Chairperson will serve as an ex officio member of all Commission committees.

(e) Duties of the Vice Chairperson.

(1) In the absence of the Chairperson, the Vice Chairperson or the designee of the Chairperson will assume the duties of the Chairperson.

(2) With the consent of the Commission, the Chairperson may remove the Vice Chairperson or appoint a new Vice Chairperson.

The provisions of this § 233.105 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.106 Commission staff.

(a) Executive Director of the Commission. Under the act, there is an Executive Director of the Commission who serves as the executive officer and secretary of the Commission. The Commission and the Secretary jointly employ and fix the compensation of the Executive Director. The Executive Director, with approval of the Commission and the Secretary, may employ additional professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the Commission. The Department will provide adequate space and equipment to facilitate the activities of the Commission. The duties of the Executive Director are as follows:

(1) The Executive Director will serve as the executive officer of the Commission without the right to vote.

(2) The Executive Director will serve as the administrative liaison of the Commission with the Legislature, agencies and bureaus of the Department and the State and Federal government, local education agencies and organizations with which the Commission has common interests.

(3) The Executive Director will manage the administrative details of meetings of the Commission and committees established by the Commission, including the preparation of agendas, minutes and records of action, and the proper circulation of notices of meetings of the Commission.

(4) The Executive Director will obtain, organize and provide information and materials pertinent to and prepare reports for the work of the Commission.

(5) The Executive Director will assist committees of the Commission involved in studies and hearings, research projects and literature reviews.

(6) The Executive Director will monitor and inform the Commission of actions of the State Board, the Department, and other agencies and organizations whose actions and interests are congruent with those of the Commission.

(7) The Executive Director will monitor and inform the Commission of legislation affecting the responsibilities of the Commission.

(8) The Executive Director will supervise Commission staff persons.

(9) The Executive Director will, with the advice and consent of the Commission’s ad hoc budget committee, prepare and present budgets on behalf of the Commission to the Department.

(10) The Executive Director will act as the public relations officer of the Commission, as directed by the Chairperson and the Commission.

(11) The Executive Director will perform related work as required by the Commission.

(b) Commission counsel. Under the act, the Governor, through the Office of General Counsel, will provide legal advice and assistance as the Commission may require.

The provisions of this § 233.106 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289663) to (289664).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.107 Meetings of the Commission.

(a) Under the act, meetings will be held at least five times per year at the call of the Chairperson or upon request in writing of a majority of the seated members of the Commission. A majority of the Commission members then seated constitutes a quorum, and a majority of a quorum has authority to act upon any matter properly before the Commission unless otherwise specified in the act. Meetings of the Commission will be open to the public in accordance with 65 Pa.C.S. Chapter 7 (relating to Sunshine Act), when applicable.

(b) The Commission will conduct its meetings in accordance with the act and 2 Pa.C.S. (relating to administrative law and procedure), when applicable. If an inconsistency arises, the provisions of the act are controlling. The Commission will enter as a matter of record the minutes of each meeting, every vote taken by the Commission and every official act of the Commission.

(c) The annual reorganization meeting will take place during the first meeting after the Governor appoints the Chairperson. At that meeting, a Vice Chairperson will be appointed by the Chairperson with the consent of the Commission.

(d) Notification of Commission meetings will be mailed to the commissioners at least 2 weeks in advance. An agenda and supportive data will be included with written notification.

(e) Upon the written request of a majority of the Commissioners, the Chairperson will call a special meeting within 5 days of the receipt of the request. Commissioners will be notified by phone and provided with the date, time, place and agenda. Written notification will follow.

(f) Meetings of the Commission are ordinarily held at the Department’s Harrisburg offices. Meetings may be called at other locations to accommodate larger public groups or for other specific purposes.

(g) A roll call vote of the Commissioners present at a meeting is required for actions taken on recommendations to the State Board, for statements of policy and for actions taken in fulfillment of the duties of the Commission as prescribed by law. A voice vote is sufficient for all other matters unless a roll call vote is requested by two or more Commissioners. Unless otherwise required by law, a majority of those present and voting is sufficient for a motion to pass.

(h) Proxy voting will be permitted only if the following conditions are met:

(1) The Chairperson announces an intention to permit proxy voting and a majority of those Commissioners present do not object.

(2) The proxy vote applies only to questions that appear clearly on the meeting agenda or to motions that have been presented for consideration during the meeting.

(3) The Commissioner is present at the meeting but is required to leave prior to a vote.

(4) The Commissioner requests permission to vote by proxy.

(5) The Commissioner presents a proxy in writing to the Chairperson indicating how the vote is to be cast.

(6) Proxy voting will not be permitted in matters of discipline and reinstatement.

(i) The Commission may declare an executive session as allowed under 65 Pa.C.S. § 708 (relating to executive sessions) to the extent applicable. Executive sessions of the Commission will be held only in accordance with 65 Pa.C.S. Chapter 7.

(j) Rules and procedures not specifically adopted by the Commission will be in accordance with the latest edition of Robert’s Rules of Order.

The provisions of this § 233.107 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289665) to (289666).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.108 Committees.

(a) Committees established by the Commission will make recommendations to the Commission. Committees do not establish policy for the Commission unilaterally. Recommendations requiring Commission action will be submitted in writing to all Commissioners prior to a Commission meeting.

(b) A majority of the appointed committee members shall be present to conduct the business of the committee. The Chairperson of the committee will, with the consent of the committee, set the meeting time and place. Minutes of each committee meeting will be recorded.

(c) Standing committees will report at each regularly scheduled Commission meeting. Minority reports of the committees may also be reported.

(d) Agendas for committee meetings will be established by the committee Chairperson and may be modified prior to or during the meeting by the Chairperson or the committee.

(e) Requirements for standing committees are as follows:

(1) Each Commissioner will serve on at least one standing committee.

(2) Each standing committee member will be appointed by the Chairperson subject to approval of the Commission. Each standing committee will consist of at least three Commissioners. Standing committee assignments will be made with the prior consent of the individual Commissioner. A Commissioner may request placement on a committee of choice. The Chairperson will appoint committee chairs.

(3) The standing committees are as follows:

(i) Standards committee. The committee will study and make recommendations concerning the duties stated in section 5(a)(1)—(8) of the act (24 P. S. § 2070.5(a)(1)—(8)), plus other duties as designated by the Commission Chairperson.

(ii) Practices committee. The committee will study and make recommendations concerning the duties stated in sections 5(a)(9)—(12) and (14) of the act, plus other duties as designated by the Commission Chairperson.

(4) The Chairperson or the Commission may establish, and the Chairperson may appoint members to special committees necessary to the work of the Commission.

The provisions of this § 233.108 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.109 Methods of operation for Commission and committee meetings.

(a) The order of business for Commission meetings will be set forth in an agenda, which will reflect all action items.

(b) Only matters assigned to the Commission by law will be considered as agenda items.

(c) Business will be conducted in accordance with this chapter and the latest edition of Robert’s Rules of Order.

(d) Except as provided in paragraph (3), a person or organization, other than the Commissioners and the staff of the Commission, will not be permitted to participate in a Commission or committee meeting unless that person or organization has been placed on the agenda. The Commission or committee may establish limits to the content and length of speeches by persons who wish to address the Commission or committee.

(1) A person disturbing, interrupting or preventing the conduct of a public meeting may be requested to leave the meeting or may be removed upon failure to comply with the meeting rules of the Commission.

(2) Visitors to meetings are allowed to record the proceedings using audio or video recording equipment, but must first inform the Commission of their intent to record.

(3) For a brief period at each meeting, prior to consideration of the action items, time will be allotted on the agenda for hearing public comment. Public comments may be entertained at other times during a meeting at the discretion of the Chairperson. A Commissioner may request a member of the public who has spoken to an issue to clarify a position.

(e) The Commission and committees will receive and record into the minutes written proposals submitted by associations, individuals representing the teaching profession and other interested persons.

(f) The Commission or a committee may request the services of resource persons to facilitate the work of the Commission or committee.

(g) Action items may be submitted to the Commission or committee by agencies of the Commonwealth, a Commissioner or an interested party. The Commission or committee may take the item under advisement or may table, refer, dismiss or act upon the item.

(h) Any commissioner may submit agenda items for discussion or new business for the next Commission or committee meeting. This will not prohibit a commissioner from initiating items under new business in a current meeting.

(i) Public notice will be issued at least 36 hours prior to a meeting of the Commission or a committee and at least 24 hours before a reconvened or rescheduled Commission or committee meeting. Public notice is not required for emergency meetings. Emergency meetings are those called to deal with ‘‘a real or potential emergency involving a clear and present danger to life or property.’’

(j) Except when specifically prohibited by law, votes on action items taken at a Commission or committee meeting are publicly cast and, in the case of roll call votes, recorded in the minutes of the Commission or committee.

(k) Formal hearings will be conducted in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and other rules or procedures which might be promulgated by the Commission.

(l) A copy of the minutes of Commission and committee meetings will be made available to any individual or organization so requesting.

(m) Materials and statements released in the name of the Commission will be approved by the Commission.

(n) Executive sessions will be held as follows:

(1) The Commission or committees may admit to an executive session persons necessary to carry out the purpose of the meeting. The persons may include staff persons, legal and technical advisors, and individuals and their representatives who may be affected by matters to be discussed.

(2) An executive session may be held during an open meeting or at the conclusion of an open meeting, or may be announced for a future time at an open meeting.

(3) At the open meeting occurring immediately prior to or subsequent to an executive session, the Commission or committee will announce and include within its minutes, the date, time, location and purpose of an executive session. The purpose of an executive session may be explained by a general reference to the types or categories of subjects discussed at the session and need not identify with specificity persons or matters considered during the meeting.

(4) Unless otherwise provided by law, a meeting at which a quorum of the members of the Commission or committees takes official action with regard to matters discussed at an executive session will be open to the public.

The provisions of this § 233.109 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289667) to (289669).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.110 Expenses.

(a) Under the act, members of the Commission may not receive compensation for their services, but will be reimbursed for their actual and necessary expenses incurred in the performance of official Commission business.

(b) A member of the Commission, who is an employee of an agency of the Commonwealth, or its political subdivisions, including school districts, is permitted to attend Commission meetings and perform other Commission duties without loss of income or other benefits. A State agency or a political subdivision of the Commonwealth, including a school entity, required to employ a substitute for a member of the Commission who is absent from employment while performing Commission business, will be reimbursed by the Department, under the act, from funds appropriated for the general government operations of the Department for the actual amount of costs incurred upon presentation of a request for reimbursement and documentation of the cost.

(c) Under the act, a member of the Commission who is employed by a private employer will be reimbursed by the Department, from funds appropriated for the general government operations of the Department, for income lost as a result of attendance at Commission meetings or performance of other official Commission duties. Reimbursement is governed by guidelines established by the Commission and will be made upon presentation of a request for reimbursement and documentation of lost income.

(d) The Executive Director will verify the appointment of each member of the Commission with the member’s respective employer and will advise the employer of the provisions of section 7 of the act (24 P. S. § 2070.7).

The provisions of this § 233.110 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.111 Code of conduct and Commissioners’ rights.

(a) Code of conduct. Members of the Commission will:

(1) Respect the rights and opinions of the Commission’s constituencies.

(2) Enhance the public image and mission of the Commission.

(3) Assess the performance of the Commission.

(4) Prepare for, regularly attend and actively participate in Commission and committee meetings.

(5) Vote according to one’s convictions, challenge the judgment of others when necessary, support the majority decisions of the Commission and work with other Commissioners to implement the majority decisions.

(6) Base judgments on what is best for the advancement of education as a whole and, in all of their deliberations, consider the public interest.

(7) Refrain from actions and involvements that might prove embarrassing to the Commission.

(8) Speak on behalf of the Commission and represent the Commission only when authorized to do so by the Chairperson, Executive Director or the Commission.

(9) Serve freely and without honoraria when representing the Commission.

(10) Abide by the legal and fiscal responsibilities of the Commission as specified by law, the bylaws, the Governor and the Governor’s executive offices and the Department.

(11) Disclose fully the nature of a conflict of interest and abstain from voting when these conflicts arise.

(12) Conform to 65 Pa.C.S. Chapter 11 (relating to Public Official and Employee Ethics Act) and 4 Pa. Code Chapter 7, Subchapter K (relating to code of conduct for appointed officials and State employees), including the timely filing of required reports.

(b) Rights of Commissioners.

(1) A Commissioner may address groups or organizations concerning the work of the Commission but will not represent himself as an official spokesperson for the Commission unless so authorized by the Commission or the Chairperson or the Executive Director.

(2) A Commissioner may solicit or receive information from any group, organization or person.

(3) Commissioners may not accept gifts, remuneration or honoraria except as permitted by 65 Pa.C.S. Chapter 11 and 4 Pa. Code Chapter 7, Subchapter K. The Commission will adopt a policy pertinent to this subsection advising the circumstances when gifts, remuneration and honoraria are and are not permissible.

The provisions of this § 233.111 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.112 Public hearings.

(a) The purpose of a public hearing, in contrast to a meeting or a disciplinary proceeding of the Commission, is to receive testimony from witnesses on proposed actions and recommendations of the Commission. Public hearings and deliberations of the Commission will take place in a public forum.

(b) Public hearings called will specify a date, time, place and purpose, and, if possible, be announced at least 30 days in advance. The call for a hearing will be advertised in accordance with law.

(c) The Commission may call a public hearing for a specific purpose or to receive testimony on a specific issue outside of the charges of the standing committees. Public hearings will be chaired by the Commission Chairperson or a designee.

(d) At least one Commissioner will preside and hear testimony at each public hearing.

(e) Within the limits of the budget, the Commission and its committees will strive to hold several public hearings on a particular issue at sites located throughout this Commonwealth. If only one public hearing for a specific issue is called, it will ordinarily be held in Harrisburg.

(f) Hearings will be arranged and supervised by the Executive Director.

(g) Testimony shall be submitted in writing at the time testimony is presented. Ample copies of testimony should be provided by witnesses for the Commissioners presiding and staff members present at the hearing.

(h) The Commission, committee or Chairperson of the public hearing may request the presence of legal counsel, Department or Commission staff persons.

(i) Unless otherwise modified by the Chairperson of the public hearing or the commissioner presiding, the following apply to public hearings:

(1) A person may be heard by the Commission or committee in person, in writing, or through a designated representative.

(2) Witnesses will be allotted 10 minutes each to present testimony.

(3) Only one witness will be heard from any one designated organization. When several hearings are held Statewide, the committee chairperson may limit testimony from an organization to one of the several hearing sites.

(4) Witnesses will be scheduled in advance but should appear at the public hearing site in time to allow for schedule changes.

(5) Persons, groups or organizations will be heard orally or through written testimony, or both. Commissioners, legal counsel or Department/Commission staff persons may question witnesses.

(6) Twenty-five copies of written testimony submitted in lieu of oral testimony should be provided to the Executive Director of the Commission in Harrisburg.

The provisions of this § 233.112 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.113 Disciplinary proceedings.

(a) Disciplinary proceedings will be initiated and conducted in accordance with sections 9 and 9.2—9.5 of the act (24 P. S. § § 2070.9 and 2070.9b—2070.9e) and § § 233.114—233.122.

(b) At any disciplinary proceeding conducted by or on behalf of the Commission, the affected educator is entitled to represent himself or be represented by legal counsel. No other designated representative other than legal counsel will be permitted to appear on behalf of the affected educator.

(c) The Commission considers allegations of misconduct on a case-by-case basis, taking into consideration the details specific to each case. The overall purposes of the educator discipline system and the Commission’s responsibility in imposing sanctions are as follows: protecting the public from educators who are unfit to discharge their professional duties and ensuring the safety and security of students and others in schools in this Commonwealth; preserving the integrity and reputation of the teaching profession and the public’s confidence in the profession; declaring and upholding proper standards of conduct and performance; determining the continued fitness of an educator to remain in the profession and, whenever possible, rehabilitating the educator; and deterring further unethical conduct. The discipline, if any, to be imposed in a particular case will depend upon the facts and circumstances of the case, will be fashioned in light of the purposes of educator discipline in this subsection and will take into account aggravating or mitigating circumstances. The Commission strives to ensure that similar violations result in similar outcomes and that the sanction or combination of sanctions that it decides to impose is both sufficient and no more than is necessary to achieve the purposes of sanctions. When applying these principles and crafting appropriate sanctions, the Commission may consider one or more of the following factors, as it deems appropriate:

(1) The seriousness and circumstances surrounding the misconduct.

(2) The extent, severity and imminence of danger to students, other educators or the public.

(3) Whether the misconduct involved sexual misconduct, or sexual abuse or exploitation.

(4) The status of the victim, if any, including the victim’s age or special vulnerability.

(5) The harm or adverse impact to students or other persons.

(6) The harm or adverse impact to the educator’s employer and to the profession.

(7) If the misconduct or violation is an isolated occurrence, part of a continuing pattern or one of a series of incidents.

(8) The educator’s state of mind at the time of the misconduct (that is, negligent, reckless or intentional).

(9) The pecuniary benefit or other gain inuring to the educator by virtue of the misconduct.

(10) Whether the conduct was criminal in nature.

(11) The likelihood of a recurrence of the misconduct or violation.

(12) The age and level of maturity of the students served by the educator.

(13) The danger that students will imitate the educator’s behavior or use it as a model.

(14) The educator’s level of experience.

(15) The educator’s past performance and performance following the misconduct or violation.

(16) The educator’s prior disciplinary record, including warnings, or absence of a prior disciplinary record.

(17) Timely good faith effort to make restitution or to rectify the consequences of the misconduct.

(18) Meaningful and sustained period of successful rehabilitation.

(19) Impositions of other penalties or sanctions, including local disciplinary action.

(20) The educator’s attitude and conduct during the disciplinary proceedings.

(21) The deterrence impact of the sanction.

(22) Penalties imposed in other cases for similar violations.

(23) Other extenuating circumstances or other factors bearing on the appropriate nature of a disciplinary sanction.

(d) After completion of a preliminary or full investigation, the Department may enter into a written settlement agreement with the educator.

(1) Settlement agreements must be presented to the Commission or a panel of members of the Commission for approval or disapproval.

(2) The Commission will promptly approve the settlement agreement if it is deemed by the Commission to be fair and just and the interests of the parties and the public interest have been considered.

(3) Once approved by the Commission, a settlement agreement will become a final order of the Commission.

(4) If the Commission disapproves a settlement agreement, the agreement will not be enforceable and the parties retain all rights they had prior to the execution of the agreement.

(5) Admissions made by an educator in a settlement agreement that is ultimately rejected by the Commission may not be used against the educator in a formal disciplinary proceeding. This subsection does not prevent the Department from offering, at a formal disciplinary hearing, other evidence to prove factual matters disclosed in a settlement agreement.

(6) Whenever an educator surrenders his educator certification or employment eligibility, the Department shall request an order from the Commission accepting the educator’s surrender.

The provisions of this § 233.113 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial page (289672).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.114 Confidentiality and unauthorized release of information.

(a) Under section 17.2 of the act (24 P. S. § 2070.17b), information relating to complaints, or proceedings relating to or resulting from complaints, including the identity of the complainant, will remain confidential unless discipline, other than a private reprimand or a supplemental sanction deemed private by the Commission, is ordered. If proceedings, after the exhaustion of all appeals, result in discipline, other than a private reprimand or a supplemental sanction deemed private by the Commission, all records pertaining thereto will become public. Records relating to immediate discipline are public at the time the immediate discipline is imposed.

(b) Disclosure of information previously made public as a result of action by a school entity to discipline or dismiss an educator for cause or as a result of an educator having been formally charged with or convicted of a crime is permitted. The confidentiality provisions of the act are not intended to prohibit a school entity from using information previously known, or received through its own investigation, in fulfillment of its duties under the Public School Code of 1949 (24 P. S. § § 1-101—27-2702), including those duties associated with local dismissal proceedings.

(c) Members, staff and employees of the Commission, the Department, local school entities and participants in disciplinary proceedings shall comply with the confidentiality requirements of the act. Correspondence between and among the Commissioners and staff persons containing confidential material will be marked as personal and confidential, and precaution will be taken to avoid unauthorized disclosure.

(d) Under section 17.2 of the act, a person who releases or gives out information deemed confidential under the act, without the authorization of the Commission or as authorized by the act, commits a misdemeanor of the third degree, unless the information was known to the person or available independently of the disciplinary proceeding.

(e) Petitions for authorization to release information under section 17.2 of the act shall be filed with the Commission in accordance with 1 Pa. Code § 35.17 (relating to petitions generally). Petitions shall be served on all interested parties, including the Department and the affected educator. Interested parties shall have 20 days or the number of days set by the Commission from the date of service to respond to the petition. In determining whether to grant the petition, the Commission will consider the public interest and the interests of all affected parties, including the petitioner, the educator and the Department.

(f) This section does not apply to reinstatement proceedings or to proceedings under section 9.2 or 9.5 of the act (24 P. S. § § 2070.9b and 2070.9e).

(g) Nothing in this section is intended to deny an educator access to information necessary to prepare a defense in a disciplinary proceeding or to protect an individual from civil liability if the individual participated in the disciplinary process under the act maliciously or provided false information that the individual knew, or had reason to know, was false.

(h) The Commission, in releasing information to the public, will take all steps reasonably possible to protect the identity of any child or student involved in the disciplinary proceeding.

The provisions of this § 233.114 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289672) to (289673).

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.115 Notice and hearings.

(a) Written notice. Upon determination to initiate hearing procedures, section 13(a) of the act (24 P. S. § 2070.13(a)) requires the Department, within 30 days, to send a written notice to the affected educator and to the governing board of the school entity in which the educator is or was last employed. The notice will be treated by the Commission as an order to show cause under 1 Pa. Code § 35.14 (relating to orders to show cause). The notice should contain a statement of the particulars of the charges against the educator, the right of the educator to respond and to request a hearing within 30 days after service of the notice of charges, and the right of the governing body of the school entity in which the educator is or was last employed to intervene under section 13(c)(4) of the act and 1 Pa. Code § 35.28 (relating to eligibility to intervene).

(b) Docket number and notice. After the Department files a copy of the notice of charges with the Commission, the Commission will immediately establish a docket number. The Commission will provide notice thereof to the Department, the educator and the governing board of the school entity by which the affected educator is or was last employed. The Commission will also provide to the governing board a copy of the notice of charges and will inform the governing board of its opportunity to file a petition to intervene under section 13(c)(4) of the act and 1 Pa. Code § 35.28.

(c) Failure to respond.

(1) If the educator fails to timely respond to the notice of charges, the educator is deemed in default under 1 Pa. Code § 35.37 (relating to answers to orders to show cause), and the Commission may, upon motion of any party, deem admitted the relevant facts stated in the notice of charges and proceed to consideration of discipline based upon the admitted facts and exhibits, if any, to the notice of charges.

(2) The Commission will not in these cases appoint a hearing officer or hold a hearing unless the Commission determines that the appointment of a hearing officer is necessary for the Commission to decide the matter. In these cases, the Commission will determine the scope of the hearing officer’s authority.

(3) The Executive Director will provide notice to the parties of the meeting at which the Commission intends to consider the matter.

(d) Right to an evidentiary hearing.

(1) If the educator timely responds in writing to the notice of charges by specifically admitting or denying the allegations of the notice of charges, setting forth the facts upon which the educator relies, and stating concisely the matters of law relied upon in compliance with 1 Pa. Code § 35.37, the Commission will appoint a hearing officer to conduct proceedings in accordance with the act, 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and other rules which the Commission might prescribe.

(2) If the educator timely responds in writing to the notice of charges but expressly waives the right to an evidentiary hearing under section 13(c)(3) of the act or fails to comply with 1 Pa. Code § 35.37, the Commission may appoint a hearing officer to conduct the proceedings as the Commission or its legal counsel might direct or, upon motion of a participant, the Commission may proceed directly to consider the matter of discipline based upon the notice of charges, the response to the notice of charges and other documents as might be part of the formal record.

(e) Review of notice. Whenever the Commission has determined, after review of the notice of charges and a certified copy of the verdict, judgment or sentence that an educator has been convicted of a crime involving moral turpitude or a crime listed in section 111(e)(1)—(3) of the Public School Code of 1949 (24 P. S. § 1-111(e)(1)—(3)), the Commission will direct the Department to revoke the educator’s certificates or employment eligibility in accordance with section 9.2(a)(2) of the act (24 P. S. § 2070.9b(a)(2)). In determining whether a crime involves moral turpitude, the Commission may elect to consider the matter directly or may appoint a hearing officer to assist with disposition of the case.

The provisions of this § 233.115 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289673) to (289675).

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.116 Petitions requiring action prior to appointment of hearing officer.

(a) The legal counsel to the Commission has the authority to decide upon an application, petition or motion requiring action prior to the appointment of a hearing officer, except that legal counsel may not enter an order which would constitute a final determination of the proceedings. The legal counsel may refer an application, petition or motion to the Commission for ultimate determination.

(b) An order issued by legal counsel may be reviewed by the Commission upon the filing of a petition of appeal under 1 Pa. Code § 35.20 (relating to appeals from actions of the staff), but neither orders issued by legal counsel nor the proceedings will be stayed pending review unless expressly ordered by the Chairperson or the legal counsel for the Commission.

The provisions of this § 233.116 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.117 Hearing procedures.

Hearings will be held in accordance with the act and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure), as follows:

(1) Hearing officer appointed. Within 15 days of the filing of a notice of charges and response thereto requiring the services of a hearing officer, the Commission will appoint a hearing officer from a list of impartial third parties qualified to conduct hearings as provided by section 13(c)(1) of the act (24 P. S. § 2070.13(c)(1)).

(2) Burden of proof. Under section 13(c)(2) of the act, the burden of proof is on the Department, which acts as prosecutor, to establish by a preponderance of the evidence that grounds for discipline exist.

(3) Right to counsel. Under section 13(c)(3) of the act, an educator against whom a charge is made has the right to be represented by legal counsel and to present evidence and argument under 1 Pa. Code Part II and other rules of procedure promulgated by the Commission.

(4) Closed hearings. Under section 13(c)(5) of the act, hearings will be closed, and only the Department, Commission members and staff, the educator and his counsel, any intervener or its counsel, and witnesses will be permitted to attend. When a witness is a child or student, the Commission or its hearing officers may in their discretion permit a parent or guardian to be in attendance during the testimony of the child or student.

(5) Department recommendation. Under section 13(c)(6) of the act, the Department may recommend to the hearing officer and Commission appropriate discipline.

The provisions of this § 233.117 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289675) to (289676).

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.118 Hearing officer’s decision and exceptions.

(a) Under section 13(c)(7) of the act (24 P. S. § 2070.13(c)(7)), the hearing officer will issue a proposed report concerning whether the Department has met its burden of establishing that misconduct has occurred and whether discipline should be imposed within 90 days after the conclusion of the hearing, including the submissions of briefs and oral argument. A proposed report will include proposed findings of fact and conclusions of law, and will specify the discipline recommended.

(b) Under section 14(a) of the act (24 P. S. § 2070.14(a)), the decision of the hearing officer will become final unless excepted to by the Department or the educator within 30 days after the proposed report is mailed or unless the Commission initiates a review of the proposed report in the absence of exceptions or reopens the proceeding for the reception of further evidence within 60 days of the date the proposed report was mailed.

(c) The Commission will promptly consider exceptions to the hearing officer’s proposed report. After receiving the proposed report of the hearing officer, the written exceptions thereto and the written response to exceptions, the Commission will set the matter for oral argument before the Commission. The Executive Director will provide notice to the parties of the meeting at which the Commission intends to consider the matter.

(d) When exceptions are filed or when the Commission initiates a review of the proposed report in the absence of exceptions, the Commission, by a majority vote of its full membership, will accept, modify or reject the hearing officer’s proposed report.

The provisions of this § 233.118 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289676) to (289677).

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.119 Appeal.

(a) Educator or Department appeal. Under section 15(a) of the act (24 P. S. § 2070.15(a)), an order of the Commission regarding discipline or reinstatement of an educator may be appealed only by the Department or the educator as an adjudication by a State agency in the manner provided by law.

(b) Appeal stays discipline. Under section 15(b) of the act, an appeal filed under section 15(a) of the act operates as a stay of the discipline until the determination of the appeal, except when the grounds for discipline include sexual misconduct or sexual abuse or exploitation, the Commission’s decision to discipline is accompanied by a finding that immediate discipline is necessary to protect the health, safety or welfare of students or other persons in the schools of this Commonwealth, or when the discipline imposed is the result of a negotiated settlement between the parties or is imposed under section 9.2 of the act (24 P. S. § 2070.9b).

The provisions of this § 233.119 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial page (289677).

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.120 Expedited hearing procedures.

(a) Notwithstanding another provision of the act, if the Department determines that immediate discipline is necessary to protect the health, safety or welfare of students or other persons in the schools of this Commonwealth, section 13(b) of the act (24 P. S. § 2070.13(b)) permits the Department to request that the Commission modify the hearing procedures set forth in section 13(c) of the act and schedule an expedited hearing.

(b) A written request by the Department that the Commission modify the procedures in section 13(c) of the act will be treated by the Commission as a petition under 1 Pa. Code § § 35.17 and 35.18 (relating to petitions generally; and petitions for issuance, amendment, waiver or deletion of regulations). An answer to the petition shall be filed with the Commission within 15 days after service of the petition, or at another time as directed by the Commission.

(c) If an educator is indicted for a crime set forth in section 111(e)(1)—(3) of the Public School Code of 1949 (24 P. S. § 1-111(e)(1)—(3)) and the Department believes that the educator poses a threat to the health, safety or welfare of a student or other individuals in a school, the Commission will expedite consideration of the suspension of the educator’s certificate or eligibility under section 9.2(a)(1) of the act (24 P. S. § 2070.9b(a)(1)) as follows:

(1) The educator’s response to the notice of charges is due within 15 days of service of the notice of charges. If the educator requests a hearing in his response, the Commission or a committee thereof shall hold a hearing within 30 days of the receipt of the request for hearing. If the educator fails to request a hearing, the Commission or a panel of members of the Commission promptly will convene a meeting to consider the request for immediate suspension. The meeting may be conducted by telephone.

(2) Within 20 days after the conclusion of the hearing, including receipt of the transcript or the filing of briefs, the Commission or the committee will issue a decision.

(3) The educator may appeal the decision of the Commission as an adjudication of a State agency in accordance with section 15 of the act. An appeal of a suspension imposed under section 9.2(1) of the act does not operate as a stay of the discipline.

The provisions of this § 233.120 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289677) to (289678).

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.121 Reciprocity.

(a) Upon receipt of certified copies of an adjudication from the licensing authority in another state, territory or nation imposing discipline for grounds that are comparable to grounds for discipline under the act, the Department may issue an order to show cause why the imposition of identical or comparable discipline would be unwarranted in this Commonwealth. The order to show cause will:

(1) Contain a statement of the particulars of the charges against the educator.

(2) Advise the educator of the right to respond within 30 days after service of the notice.

(b) The final adjudication by the licensing authority in another state, territory or nation shall be conclusive as to the misconduct of the educator.

(c) The Commission may direct the Department to impose identical or comparable discipline unless the educator demonstrates that one or more of the following applies:

(1) The discipline would result in a grave injustice.

(2) The discipline is substantially different from what would have been imposed for similar conduct in this Commonwealth.

(3) The procedure used in the other jurisdiction did not provide due process.

The provisions of this § 233.121 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289678) to (289679).

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.122 Expungement.

If the final decision of the Commission or appellate court of proper jurisdiction in a disciplinary proceeding conducted under the act does not find educator misconduct, section 15(c) of the act (24 P. S. § 2070.15(c)) requires that the charges pertaining to the Commission’s disciplinary proceeding be expunged from any personal or professional file of the educator maintained by the Department and the local school entity, unless the school entity has taken or is pursuing local disciplinary action against the educator.

The provisions of this § 233.122 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial page (289679).

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.123 Reinstatements.

(a) Application for reinstatement.

(1) Under section 16 of the act (24 P. S. § 2070.16), an educator whose certificate or employment eligibility has been suspended, surrendered or revoked may apply to the Commission for an order lifting the suspension or reinstating the certificate or employment eligibility. The application should be filed with the Commission, served upon the Department in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and be in the form prescribed by the Commission. The educator shall indicate expressly whether the educator wishes to invoke or waive the right to a hearing.

(2) The Commission will immediately assign a docket number and inform the educator, the Department and the governing board of the school entity or entities where the educator was employed at the time the misconduct occurred, as well as the school entity by which the applicant was last employed, if different.

(3) In accordance with section 16(b) of the act, the Commission will not consider any application for reinstatement of any educator whose certificate or employment eligibility was revoked or suspended as a result of a finding of guilt for sexual abuse or exploitation, or who surrendered a certificate or employment eligibility for conduct related to sexual abuse or exploitation.

(4) In accordance with section 16(c) of the act, the Commission will not consider any application for reinstatement of a certificate or eligibility of an educator convicted of a crime under 18 Pa.C.S. (relating to Crimes Code) set forth in section 111(e)(1)—(3) of the Public School Code of 1949 (24 P. S. § 1-111(e)(1)—(3)) for the time period established in that section.

(b) Recommendation of the Department and local school entity.

(1) Under section 16 of the act, the Department and the school entity or entities in which the educator was employed at the time of the misconduct may review the application and, based upon the information in the application and any investigation the Department or school entity or entities might deem appropriate, make a recommendation regarding the application within 90 days, or the time designated by the Commission, after their receipt of the application.

(2) The recommendation of the Department and of the school entity or entities should be served upon the educator in accordance with 1 Pa. Code Part II.

(3) The Executive Director will verify that the Department and the school entity or entities in which the educator was employed at the time of the misconduct have received the application for purposes of making a recommendation. If the Commission has not received the Department’s or the school entity’s or entities’ recommendation or a request for additional time in which to respond within the time prescribed, the Commission will presume that the Department or the school entity or entities has no position on the application.

(4) The decision making of the Commission will be best served if the Department conducts an investigation of the justification and propriety of the relief requested by the educator and provides complete information to support its recommendation.

(c) Notices.

(1) The confidentiality provisions of section 17.2 of the act (24 P. S. § 2070.17b) do not apply to applications for reinstatement. It is the policy of the Commission to conduct proceedings involving applications for reinstatement in public and to provide the public with a full opportunity to comment upon these applications by publishing the appropriate notice in the Pennsylvania Bulletin consistent with the format prescribed by 1 Pa. Code § § 11.31 and 11.32 (relating to sample notice of opportunity for hearing; and sample notice of hearing). The notice will describe the application and will provide interested persons and entities 30 days within which to petition to intervene or file protests with the Commission.

(2) The Executive Director will provide copies of all notices prescribed by this subsection to the applicant educator, the Department, the school entity or entities where the misconduct occurred, and the governing board of the school entity by which the applicant was last employed, if known.

(d) Waiver of hearing. Notwithstanding the educator’s waiver of a hearing, the Department may request a hearing or the Commission may appoint a hearing officer to prepare a proposed report or proceed directly to consider the application.

(e) Hearing procedures.

(1) Hearing officer appointed. If it has been determined that a hearing will be held, the Commission will appoint a hearing officer from a list of impartial third parties qualified to conduct hearings from the list agreed upon jointly by the Governor’s General Counsel and at least two-thirds of the Commission under section 13(c)(1) of the act (24 P. S. § 2070.13(c)(1)).

(2) Burden of proof.

(i) Burden of proof on applicant. The burden of proof is on the applicant to establish that the relief the applicant seeks is just and proper. The applicant may not contest the allegations of misconduct that resulted in the revocation, suspension or surrender of the applicant’s certificate or employment eligibility.

(ii) Just and proper standard. For purposes of determining whether it is just and proper to lift a suspension or reinstate a certificate, at a minimum, the Commission may consider the following:

(A) The conduct which resulted in discipline or which led to the surrender.

(B) Other past conduct of the applicant.

(C) The applicant’s current attitude towards past conduct.

(D) Rehabilitation efforts and activities.

(E) References and letters of support or opposition.

(3) Right to counsel. An applicant has the right to be represented by counsel and to present evidence and argument in accordance with 1 Pa. Code Part II and other rules of procedure promulgated by the Commission.

(4) Hearing officer’s proposed report. Within 90 days after the conclusion of the hearing, including briefing and oral argument, the hearing officer will issue a proposed report concerning whether relief should be granted. A proposed report will include proposed findings of fact and conclusions of law, and will specify the relief, if any, proposed.

(5) Exceptions to hearing officer’s decision.

(i) The proposed report of the hearing officer will become final unless excepted to by a party within 30 days after the date the proposed report was mailed or unless the Commission initiates a review of the hearing officer’s proposed report in the absence of exceptions or reopens the proceeding for the reception of further evidence within 60 days of the date the proposed report was mailed. If no timely exceptions are filed and the Commission does not initiate a review of the proposed report in the absence of exceptions or reopen the proceeding for the reception of further evidence, the Commission will at its next regularly scheduled meeting consider the report of the hearing officer and issue an order implementing the hearing officer’s proposed report.

(ii) If timely exceptions are filed or the Commission initiates a review of the proposed report in the absence of exceptions or reopens the proceeding for the reception of further evidence, the Commission, within a reasonable time, will by a majority vote of its full membership accept, modify or reject the hearing officer’s proposed report and issue a written decision.

(6) Automatic reinstatement.

(i) Any certificate or employment eligibility suspended or revoked pursuant to a criminal indictment or conviction under section 9.2 of the act (24 P. S. § 2070.9b) will be reinstated upon notice to the Commission that the criminal indictment has been dismissed or that the conviction was overturned and the underlying charges dismissed.

(ii) Notice to the Commission means the filing of court records reflecting the dismissal. The court records shall be certified or bear comparable written indicia of validity.

(iii) The Commission authorizes its legal counsel to enter reinstatement orders under this subsection. Legal counsel shall report all reinstatement orders to the Commission at its regularly scheduled meetings.

The provisions of this § 233.123 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289679) to (289683).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.124 Power of subpoena.

In all investigations and disciplinary proceedings, the Commission is authorized by section 18(b) of the act (24 P. S. § 2070.18(b)) to issue subpoenas as provided for by law for the purposes of assisting the Department in reviewing complaints and investigating educator misconduct and to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidentiary material. Petitions for the issuance of subpoenas shall be filed with the hearing officer, if one has been appointed, or with the Commission under 1 Pa. Code § 35.142 (relating to subpoenas). Objections to a petition for the issuance of subpoenas, which shall be filed within 5 days from service, will be ruled upon by the hearing officer or, if none has been appointed, by the legal counsel to the Commission. A decision of the legal counsel may be appealed to the Commission under 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).

The provisions of this § 233.124 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial page (289683).

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.125 Amendments.

Amendments to this chapter may be adopted by a two-thirds vote of the Commission at a meeting for which a notice of amendments has been given to the Commission members at least 14 days before the meeting. Amendments may not be inconsistent with the act or another statute, regulation, executive order or other order or directive binding upon the Commission.

The provisions of this § 233.125 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.
22 Pa. Code § 233.126 Reporting requirements.

Under section 5(a)(9.1) of the act (24 P. S. § 2070.5(a)(9.1)), the Commission will direct the Department to report annually, or more frequently if so needed, on the educator misconduct complaint system, including the number of and the processing of complaints. The report will be in a form that will allow the Commission to assess the efficacy of the system.

The provisions of this § 233.126 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

History

  • Source: The provisions of this Chapter 233 adopted August 23, 1991, effective immediately upon publication, retroactively applicable to their adoption by the Commission on July 12, 1991, 21 Pa.

Chapter 235 Code of Professional Practice and Conduct for Educators

22 Pa. Code § 235.1 Mission.

The Professional Standards and Practices Commission (PSPC) is committed to providing leadership for improving the quality of education in this Commonwealth by establishing high standards for preparation, certification, practice and ethical conduct in the teaching profession.

The provisions for this § 235.1 amended under section 5(a)(10) of the Educator Discipline Act (24 P.S. § 207.5(a)(10)).

The provisions of this § 235.1 amended August 20, 2021, effective August 21, 2021, 51 Pa.B. 5199. Immediately preceding text appears at serial page (262235).

History

  • Authority: The provisions of this Chapter 235 issued under section (5)(a)(10) of the act of December 12, 1973 (P.
  • Source: The provisions of this Chapter 235 adopted June 26, 1992, effective November 1, 1992, 22 Pa.
22 Pa. Code § 235.2 Introduction.

(a) Professional conduct defines interactions between the individual educator and students, the employing agencies and other professionals. Generally, the responsibility for professional conduct rests with the individual educator. However, in this Commonwealth, the Professional Standards and Practices Commission (PSPC) is charged with the duty to adopt and maintain a code for professional practice and conduct that shall be applicable to any educator. See section 5(a)(10) of the Educator Discipline Act (act) (24 P.S. § 2070.5(a)(10)).

(b) In recognition of the magnitude of the responsibility inherent in the education process and by virtue of the desire to maintain the respect and confidence of their colleagues, students, parents and the community, educators shall be guided in their conduct by their commitment to their students, colleagues and profession.

(c) Violations of any of the duties prescribed by this chapter may be used as supporting evidence in disciplinary proceedings conducted by or on behalf of the PSPC under the act. Violations of this chapter may also be an independent basis for a public or private reprimand. Discipline for conduct that constitutes both a basis for discipline under the act and an independent basis for discipline under this chapter shall not be limited to a public or private reprimand. Nothing in this chapter shall be construed to otherwise limit the Department of Education’s authority to initiate an action under the act to suspend, revoke or otherwise discipline an educator’s certificate or employment eligibility, or both.

(d) Nothing in this chapter shall be construed or interpreted to require an educator to violate any of the doctrines, tenets, policies, or practices of any religious or religiously-affiliated school in which that educator is employed.

The provisions for this § 235.2 amended under section 5(a)(10) of the Educator Discipline Act (24 P.S. § 207.5(a)(10)).

The provisions of this § 235.2 amended August 20, 2021, effective August 21, 2021, 51 Pa.B. 5199. Immediately preceding text appears at serial page (262235).

History

  • Authority: The provisions of this Chapter 235 issued under section (5)(a)(10) of the act of December 12, 1973 (P.
  • Source: The provisions of this Chapter 235 adopted June 26, 1992, effective November 1, 1992, 22 Pa.
22 Pa. Code § 235.3a Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Educator Discipline Act (act) (24 P.S. § § 2070.1a—2070.18c). Boundaries—The verbal, physical, emotional and social distances between an educator and a student. Educator—As defined in section 1.2 of the act (24 P.S. § 2070.1b). Electronic communication—A communication transmitted by means of an electronic device such as a telephone, cellular telephone, computer, computer network, personal data assistant or pager, including e-mails, text messages, instant messages and communications made by means of an Internet web site, such as social media and social networking web sites, or mobile device applications. Harm—The impairment of learning or any physical, emotional, psychological, sexual or intellectual damage to a student or a member of the school community. School entity—As defined in section 1.2 of the act (24 P.S. § 2070.1b). Sexual misconduct—As defined in section 1.2 of the act (24 P.S. § 2070.1b). Unauthorized drugs—Any controlled substance or other drug possessed by a person not authorized by law to possess such controlled substance or other drug.

The provisions for this § 235.3a added under section 5(a)(10) of the Educator Discipline Act (24 P.S. § 207.5(a)(10)).

The provisions of this § 235.3a added August 20, 2021, effective August 21, 2021, 51 Pa.B. 5199.

History

  • Authority: The provisions of this Chapter 235 issued under section (5)(a)(10) of the act of December 12, 1973 (P.
  • Source: The provisions of this Chapter 235 adopted June 26, 1992, effective November 1, 1992, 22 Pa.
22 Pa. Code § 235.5a Commitment to students.

(a) The primary professional obligation of educators is to the students they serve.

(b) In fulfillment of the commitment to students, educators:

(1) Shall exercise their rights and powers in good faith and for the benefit of the student.

(2) Shall maintain appropriate professional relationships and boundaries with all students at all times, both in and outside the classroom.

(3) Shall not sexually harass students or engage in sexual misconduct.

(4) Shall exert reasonable effort to protect students from harm.

(5) Shall not intentionally expose a student to disparagement.

(6) Shall exhibit consistent and equitable treatment and shall not unlawfully discriminate against students.

(7) Shall not interfere with a student’s exercise of political or civil rights and responsibilities.

(8) Shall not knowingly or intentionally distort or misrepresent evaluations of students or facts regarding students.

(9) Shall not knowingly or intentionally misrepresent subject matter or curriculum.

(10) Shall respect a student’s right to privacy and comply with all Federal and State laws and regulations, and local policies concerning student records and confidential communications of students.

(11) Shall not be on school premises or at a school-related activity involving students, while under the influence of, possessing or consuming alcoholic beverages or illegal or unauthorized drugs.

(12) Shall not furnish, provide, or encourage students or underage persons to use, possess or unlawfully distribute alcohol, tobacco, vaping products, illegal or unauthorized drugs or knowingly allow any student or underage person to consume alcohol, tobacco, vaping products, or illegal or unauthorized drugs in the presence of the educator.

(13) Shall refrain from inappropriate communication with a student or minor, including, inappropriate communication achieved by electronic communication. Inappropriate communication includes communications that are sexually explicit, that include images, depictions, jokes, stories or other remarks of a sexualized nature, that can be reasonably interpreted as flirting or soliciting sexual contact or a romantic relationship, or that comment on the physical or sexual attractiveness or the romantic or sexual history, activities, preferences, desires or fantasies of either the educator or the student. Factors that may be considered in assessing whether other communication is inappropriate include:

(i) the nature, purpose, timing and amount/extent of the communication;

(ii) the subject matter of the communication; and

(iii) whether the communication was made openly or the educator attempted to conceal the communication.

The provisions for this § 235.5a added under section 5(a)(10) of the Educator Discipline Act (24 P.S. § 207.5(a)(10)).

The provisions of this § 235.5a added August 20, 2021, effective August 21, 2021, 51 Pa.B. 5199.

History

  • Authority: The provisions of this Chapter 235 issued under section (5)(a)(10) of the act of December 12, 1973 (P.
  • Source: The provisions of this Chapter 235 adopted June 26, 1992, effective November 1, 1992, 22 Pa.
22 Pa. Code § 235.5b Commitment to colleagues.

In fulfillment of the commitment to colleagues, educators:

(1) Shall not knowingly and intentionally deny or impede a colleague in the exercise or enjoyment of a professional right or privilege in being an educator.

(2) Shall not knowingly and intentionally distort evaluations of colleagues.

(3) Shall not sexually harass a colleague.

(4) Shall not unlawfully discriminate against colleagues.

(5) Shall not interfere with a colleague’s exercise of political or civil rights and responsibilities.

(6) Shall not use coercive means or promise special treatment to influence professional decisions of colleagues.

(7) Shall not threaten, coerce or discriminate against a colleague who in good faith reports or discloses to a governing agency actual or suspected violations of law, agency regulations or standards.

(8) Shall respect a colleague’s right to privacy and comply with all Federal and State laws and regulations, and local policies concerning confidential health or personnel information.

The provisions for this § 235.5b added under section 5(a)(10) of the Educator Discipline Act (24 P.S. § 207.5(a)(10)).

The provisions of this § 235.5b added August 20, 2021, effective August 21, 2021, 51 Pa.B. 5199.

History

  • Authority: The provisions of this Chapter 235 issued under section (5)(a)(10) of the act of December 12, 1973 (P.
  • Source: The provisions of this Chapter 235 adopted June 26, 1992, effective November 1, 1992, 22 Pa.
22 Pa. Code § 235.5c Commitment to the profession.

In fulfillment of the commitment to the profession, educators:

(1) Shall comply with all Federal, State, and local laws and regulations and with written school entity policies.

(2) Shall apply for, accept or assign a position or a responsibility on the basis of professional qualifications and abilities.

(3) Shall not knowingly assist entry into or continuance in the education profession of an unqualified person or recommend for employment a person who is not certificated appropriately for the position.

(4) Shall not intentionally or knowingly falsify a document or intentionally or knowingly make a misrepresentation on a matter related to education, criminal history, certification, employment, employment evaluation or professional duties.

(5) Shall not falsify records or direct or coerce others to do so.

(6) Shall accurately report all information required by the local school board or governing board, State education agency, Federal agency or State or Federal law.

(7) Shall not knowingly or intentionally withhold evidence from the proper authorities and shall cooperate fully during official investigations and proceedings.

(8) Shall comply with all local, State or Federal procedures related to the security of standardized tests, test supplies or resources. Educators shall not intentionally or knowingly commit, and shall use reasonable efforts to prevent, any act that breaches test security or compromises the integrity of the assessment, including copying or teaching identified test items, publishing or distributing test items or answers, discussing test items, providing unauthorized assistance to students, unauthorized alteration of test responses, results or data, and violating local school board or State directions for the use of tests.

(9) Shall not accept or offer gratuities, gifts or favors that impair or appear to influence professional judgment, decisions, or actions or to obtain special advantage. This section shall not restrict the acceptance of de minimis gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service.

(10) Shall not exploit professional relationships with students, parents or colleagues for personal gain or advantage.

(11) Shall use school funds, property, facilities, and resources only in accordance with local policies and local, State and Federal laws.

The provisions for this § 235.5c added under section 5(a)(10) of the Educator Discipline Act (24 P.S. § 207.5(a)(10)).

The provisions of this § 235.5c added August 20, 2021, effective August 21, 2021, 51 Pa.B. 5199.

History

  • Authority: The provisions of this Chapter 235 issued under section (5)(a)(10) of the act of December 12, 1973 (P.
  • Source: The provisions of this Chapter 235 adopted June 26, 1992, effective November 1, 1992, 22 Pa.

Chapter 238 Pennsylvania Model Code of Ethics for Educators— Statement of Policy

22 Pa. Code § 238.1 Adoption of the Pennsylvania Model Code of Ethics for Educators—statement of policy.

The Professional Standards and Practices Commission (PSPC) adopts by reference the Model Code of Ethics for Educators, 2nd Edition, published by the National Association of State Directors of Teacher Education and Certification, as the Pennsylvania Model Code of Ethics for Educators. A copy of the publication may be obtained from the National Association of State Directors of Teacher Education and Certification, 1629 K Street NW, Suite 300, Washington, DC 20006, on the Internet web site of the National Association of State Directors of Teacher Education and Certification at https://www.nasdtec.net/page/MCEE[lowbar]Doc, and on the Internet web site of the PSPC at https://www.pspc.education.pa.gov.

The provisions of this § 238.1 amended under section 5(a)(12.2) of the Educator Discipline Act (24 P.S. § 2070.5(a)(12.2)).

The provisions of this § 238.1 amended September 2, 2023, effective immediately, 53 Pa.B. 5512. Immediately preceding text appears at serial page (408675).

History

  • Authority: The provisions of this Chapter 238 added under section 5(a)(12.
  • Source: The provisions of this Chapter 238 added February 11, 2022, effective February 12, 2022, 52 Pa.
22 Pa. Code § 238.2 Using the Pennsylvania Model Code of Ethics for Educators—statement of policy.

(a) The Professional Standards and Practices Commission (PSPC) will use the Pennsylvania Model Code of Ethics for Educators to:

(1) Assist current and future educators and other persons employed by a school entity in making ethical decisions.

(2) Facilitate discussion among current and future educators and other persons employed by a school entity concerning issues related to ethical questions. The Executive Director shall plan training for school entities and educator preparation providers that includes the Pennsylvania Model Code of Ethics for Educators.

(b) The Executive Director shall also identify and publish on the PSPC’s web site a list of available resources to assist school entities, educator preparation providers, and educational organizations in incorporating the Pennsylvania Model Code of Ethics for Educators and ethical instruction into their programs and practices.

History

  • Authority: The provisions of this Chapter 238 added under section 5(a)(12.
  • Source: The provisions of this Chapter 238 added February 11, 2022, effective February 12, 2022, 52 Pa.
22 Pa. Code § 238.3 Clarification on the use of the Pennsylvania Model Code of Ethics for Educators—statement of policy.

The Pennsylvania Model Code of Ethics for Educators will not be used to constitute standards of professional conduct for educators.

History

  • Authority: The provisions of this Chapter 238 added under section 5(a)(12.
  • Source: The provisions of this Chapter 238 added February 11, 2022, effective February 12, 2022, 52 Pa.

Part XV Postsecondary Education Planning Commission

Chapter 251 Rules and Procedures

22 Pa. Code § 251.1 Definitions.

The following words and terms, when used in this chapter, shall have, unless the context clearly indicates otherwise, the following meanings: Board—The State Board of Education. Chairperson—The Chairperson of the Commission. Commission—The Postsecondary Education Planning Commission, formerly known as the 1202 Commission and also known as the 1203 Commission, authorized by 20 U.S.C.A. § 1143 and established by the Governor upon recommendation of the Board through its resolution of March 15, 1974. Council—The Council of Higher Education of the Board. Department—The Department of Education of the Commonwealth. Secretary—The Secretary of Education of the Commonwealth.

The provisions of this § 251.1 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35132).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.2 Purpose.

The purpose of this chapter is to plan for a comprehensive system encompassing all forms of postsecondary education and thereby providing educational opportunities and programs for all those in this Commonwealth who have the aptitude and motivation to pursue postsecondary education and meet more effectively the needs of society for an educated citizenry and trained personnel. The Commission will make recommendations to the Board through its Council regarding these matters and will provide advice at the request of the Board about planning matters affecting major segments of the postsecondary education community.

The provisions of this § 251.2 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35132).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.4 Membership.

Membership will consist of the nine members of the Council.

The provisions of this § 251.4 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial pages (35132) and (35133).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.6 Officers.

(a) The chairperson of the Council or a designee from the Council will be chairperson. The chairperson will preside at all meetings, work closely with the Chief Executive Officer in developing meeting agenda, call meetings as needed, and generally represent the Commission.

(b) Other officers may be appointed on a permanent or temporary basis by the chairperson as the need demands.

The provisions of this § 251.6 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35133).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.7 Staff.

The Chief Executive Officer of the Commission will be the Commissioner for Higher Education. The Chief Executive Officer will be responsible for the observance of the provisions of this chapter, the general coordination and management of the work of the Commission, and other related matters. The responsibilities and duties of the staff will include the following:

(1) Managing the administrative details of meetings of the Commission and any special committees appointed by the Commission, including the preparation of agenda, keeping of minutes and records of actions, proper circulation of notices of meetings of the Commission, and arranging for expenses.

(2) Organizing and providing information materials and assisting with reports of the Commission.

(3) Serving as a liaison between the Commission, the Department, and other agencies or organizations which are concerned with the services of the Commission.

(4) Providing advisory services to the Commission and its committees.

The provisions of this § 251.7 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial pages (35133) and (35134).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.8 Committees.

All committees and chairpersons as needed in keeping with the broad responsibilities of the Commission will be appointed by the chairperson. The chairpersons of all committees will be selected from the Commission membership and will be responsible for calling meetings, preparing reports and recommendations for Commission action, and enlisting assistance of lay and professional persons as committee participants. Meetings will be held at the call of the committee chairperson. All members of the Commission will be sent notices of every meeting. Notes of committee meetings will be circulated to all Commission members.

The provisions of this § 251.8 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35134).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.9 Courtesy of the Commission.

In the event that the Governor, a member of the legislature, a chief executive officer of an institution of postsecondary education, or other dignitary is in attendance at a Commission or committee meeting, the chairperson may extend the ‘‘Courtesy of the Commission/Committee’’ to such individual, inviting that person to sit with the Commission or committee with full speaking privileges on any and all issues coming before the Commission or committee but without the right to vote.

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.11 Expenses.

Members of the Commission will receive no compensation for their services, but will be reimbursed for the actual and necessary expenses incurred in the performance of official Commission business as well as for housing, travel, and subsistence expenses in accordance with rules and regulations of the Comptroller.

The provisions of this § 251.11 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35135).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.12 Meetings.

The Commission will meet on a schedule and at a place as determined by the Commission. In accordance with the act of July 19, 1974 (P. L. 486, No. 175) (65 P. S. § § 261—269) (Repealed), no executive meetings of the Commission or committees will be held except for personnel matters or as required by legal counsel.

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.13 Notices.

Notices of all general meetings of the Commission will be sent to members by the Executive Secretary of the Board will be posted at the offices of the Board and the Secretary and will be duly advertised and released to the general public. Notices of all committee meetings shall be advertised in accordance with the act of July 19, 1974 (P. L. 486, No. 175) (65 P. S. § § 261—269). Notices will also be sent to all Commission members by the committee chairperson in cooperation with the staff person assigned to the committee.

The provisions of this § 251.13 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35135).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.14 Public observers.

All meetings of the Commission and committees at which formal actions are taken will be open to the public at all times, subject to the following guidelines:

(1) Visitors to meetings, including representatives of the news media, may be present as observers but not as participants. Questions, comments, and discussion from the general public will be permitted only at the discretion of the Commission. This paragraph does not apply to staff and others who are invited by the chairperson, the Commission, or committees in the course of their proceedings.

(2) Space for visitors will be available on a first-come-first-served basis, at the time and place of meetings, in such manner as to neither impede nor interfere with the normal operating conduct of the meetings.

(3) Any person preventing, disturbing, or interrupting such public meeting may be requested to leave the meeting and may be removed upon failure to comply.

(4) Visitors to meetings will be allowed to record the proceedings. However, television cameras or photographic equipment shall not be used except with the expressed approval of the chairperson, the Commission or committee.

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.15 Quorums.

(a) Quorums will consist of the following:

(1) Commission—a majority of the Commission.

(2) Committees—to be determined by the committee but in no case more than a majority.

(b) Quorum calls may be requested by any two or more members, and no action will be taken by the Commission or a committee unless a quorum is present and voting.

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.16 Voting.

Voting by the Commission and committees will be in accordance with Robert’s Rules of Order. Action will be taken as prescribed by a majority of those present and voting.

The provisions of this § 251.16 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35136).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.17 Operating conduct.

In the absence of any Commission-adopted rule to the contrary, Robert’s Rules of Order, will govern the conduct of business at all meetings.

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.18 Record of proceedings.

(a) The Commission will record minutes of all official actions taken at formal meetings. Proceedings of informal meetings will be recorded as notes. Both will be in sufficient detail to expedite fully the work of the Commission.

(b) Reports, materials and statements of the Commission, approved by the Commission or its committees will be released through the chairperson.

The provisions of this § 251.18 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35137).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.19 Hearings and requests for presentations.

In addition to regular and special meetings of the Commission, opportunities will be available to the postsecondary education community and the public for assisting with and reacting to the work of the Commission. Public hearings and special presentations authorized by the Commission will be held for the specific purpose of receiving and recording the advice of interested parties in general and the public-at-large in particular on issues and other matters before the Commission. The hearings and presentations will be guided by the applicable requisites of The Administration Agency Law (71 P. S. § § 1710.1—1710.111) (Reserved), the provisions of this chapter and 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

History

  • Source: The provisions of this § 251.
22 Pa. Code § 251.20 Review and amendment.

(a) The Commission will annually review this chapter and make such revisions as experience indicates are appropriate, subject to the approval of the majority of all members of the Commission.

(b) Amendments to this chapter may be made at any meeting of the Commission by a majority vote, provided a quorom is present. Any provision may be suspended for one particular meeting by a 2/3 vote of the total membership of the Commission, that is, six members.

The provisions of this § 251.20 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3513. Immediately preceding text appears at serial page (35137).

History

  • Source: The provisions of this § 251.

Part XVI Standards

Chapter 329 Computation of Subsidy

22 Pa. Code § 329.1 Purpose and scope.

This chapter revises and gives notice of the procedures used by the Department to execute its statutory obligation under the School Code to pay the instruction subsidy to school districts of the Commonwealth. For subsidy payments made in Fiscal Year 1979-1980 and all subsequent fiscal years, this chapter supersedes the rules of procedure previously promulgated by the Department for the purpose of computing subsidy. The Department’s responsibility for making subsidy payments to the districts can be found in Article XXV of the School Code (24 P. S. § § 25-2501—25-2592).

The provisions of this § 329.1 adopted May 25, 1979, effective May 26, 1979, 9 Pa.B. 1668; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2156. Immediately preceding text appears at serial page (42257).

History

  • Authority: The provisions of this Chapter 329 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 329 adopted May 25, 1979, effective May 26, 1979, 9 Pa.
22 Pa. Code § 329.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ADM—Average daily membership. AFDC—Aid to families with dependent children. AIE—Actual instructional expenditures. AIE/WADM—Actual instructional expenditure per weighted average daily membership. Area in square miles—For the purpose of determining eligibility for density, modified density, super density and modified super density, inland waters are excluded; for the purpose of determining all density/sparsity eligibility, only territory under the jurisdiction of a school district shall be included; for the purposes of determining eligibility for sparsity, inland waters shall be included. BER—Base earned for reimbursement. Base subsidy—The instruction subsidy calculated under § 329.3(4)—(6) (relating to computations). Basic instruction subsidy—The instruction subsidy to which all qualified school districts are entitled under the School Code. The basic instruction subsidy is the sum of the base subsidy plus any density/sparsity payments plus any poverty payments. Bootstrap—A minimum reimbursable amount per WADM for which a district qualifies even if the actual instructional expenditures per WADM is lower. To qualify for the minimum, a district shall have an equalized millage rate within 15% of the median equalized millage rate. The minimum reimbursable amount per WADM is equal to the median, AIE/WADM minus $200. Density factor—Density factor shall be assigned for those school districts whether coterminous with a city, borough, town or township or not, whose population exceeds 10,000 per square mile as determined by the Secretary of Education from the most recent records of the United States Census Bureau, provided that a school district which was assigned a density factor for a school year prior to 1969-1970, and for a school year thereafter is determined by the Secretary to have a population of 10,000 per square mile or less shall qualify for a modified density payment which shall be in the ratio of its population per square mile to 10,000 of the amount to which it would have been entitled had its population per square mile exceeded 10,000; and, provided further, that a school district which was assigned a density factor for a school year prior to 1969-1970, and for a school year thereafter and as a result of a merger with one or more other school districts becomes a part of a new school district and the new school district is determined by the Secretary to have a population of 10,000 per square mile or less, the new school district shall qualify for a modified density payment which shall be in the ratio of its population per square mile to 10,000 of the amount to which it would have been entitled had its population per square mile exceeded 10,000. A school district qualifying under the density factor shall be paid by the Commonwealth or account of excess expenditures per weighted average daily membership, not to exceed for the school year 1966-1967 $100, for the school year 1967-1968 $150, for the school year 1968-1969 $200, for the school year 1969-1970 and each school year thereafter $250 in excess of $400, an amount to be determined by multiplying the excess expenditures by the aid ratio or by .375, whichever is greater and by the number of weighted pupils, the amount to be in addition to other payments for the pupils; provided, however, a school district qualifying under the density factor may, in lieu of the above payment, elect for a school year to be paid and the Commonwealth shall pay on account of excess expenditures per weighted average daily membership in excess of $400 a sum of $30 per weighted average daily membership, the amount to be in addition to other payments for the pupils. Density factor, modified—A value assigned to those districts whose population exceeded 10,000 per square mile prior to 1969-1970 but not thereafter. If one or more districts merged and one of the component districts had a population in excess of 10,000 per square mile prior to 1969-1970, that district is assigned a modified density factor. The factor is calculated by dividing the population of the district per square mile by 10,000. Density factor, super—The payment for the density factor for those qualifying school districts with a WADM in excess of 35,000 shall be the actual cost of instruction per WADM multiplied by 21% for the 1978-1979 school year and each school year thereafter and by the WADM of the district. Notwithstanding the provisions of section 2502.6 of the School Code (24 P. S. § 25-2502.6) the entitlement provided under this section shall be paid in full for each school year. Department—The Department of Education of the Commonwealth. EM—equalized millage—A school district’s tax effort to be used for purposes of determining the base earned for reimbursement and used for reimbursement under section 2502(d) and (e) of the School Code (24 P. S. § 25-2502(d) and (e)), shall be the amount of local school taxes collected during the year for which reimbursement is being computed, divided by the most recent real property valuation of the school district. Guaranteed rate—The base subsidy plus the bootstrap payable in 1971-1972 divided by the 1970-1971 weighted average daily membership. Inland water—Ponds, lakes, rivers and other bodies of water which cover 40 or more acres and are of a mile or more in width. Width is defined as the average distance across the body of water; excluded bodies of water are those adjacent to this Commonwealth and not under the jurisdiction of any county or municipality within this Commonwealth. Local school taxes collected—For the purpose of computing equalized millage, the term includes:

(i) Only the total taxes collected and remitted to the school district and taxes levied, collected and remitted by the school district under the authority granted under:

(A) The Local Tax Enabling Act (53 P. S. § § 6901—6924).

(B) The First Class City Public Education Home Rule Act (53 P. S. § § 13201—13223).

(C) Article XII of 351 Pa. Code (relating to public education).

(D) The School Code—an example being current and interim real estate taxes.

(E) The act of August 9, 1963 (P. L. 640, No. 338) (53 P. S. § § 16101—16103.3).

(F) Other State law.

(ii) Only the total taxes collected and remitted to the school district by the State under the Public Utility Realty Tax.

(iii) Delinquent taxes collected and remitted in the school year for which the district is being reimbursed.

(iv) Payments made to a school district in lieu of taxes.

(v) Reductions by a refund of a prior year’s taxes by a school district to local taxpayers is not included. MAIE/WADM—Median actual instructional expenditure per weighted average daily membership. MV—market value—The market value of taxable real property in a school district as certified by the State Tax Equalization Board on June 30 of each year. MV/PI AR—Market value/personal income aid ratio. PI—personal income—The total identified personal income of a school district as certified to the Secretary of Education by the Secretary of the Department of Revenue in February of each year. Poverty pupils—For the purposes of determining the payment on account of poverty and the additional special assistance grant on account of low income families, the number of poverty pupils is as defined by the Elementary and Secondary Education Act of 1965 and includes both:

(i) The number of children, ages 5 to 17, in families with annual incomes less than $2,000 as determined by the 1960 or the 1970 United States Census, whichever is greater.

(ii) The most recent satisfactory data on AFDC children counted for the 1972-1973 school year, whichever is greater. Public school entity—A school district, intermediate unit or area vocational-technical school. Reduction fraction—The proportion which represents the amount appropriated for basic instruction subsidy divided by the computed basic instruction subsidy payable, provided the reduced amount is no less than the minimum guaranteed amount. In the 1979-1980 and 1980-1981 fiscal year, the gross allocation shall be no less than the gross allocation for the previous school year. The reduction fraction shall be applied to the base subsidy, poverty payments and density and sparsity payments except those density payments made under section 2502(f.1) of the School Code (24 P. S. § 25-2502(f.1)) and the guaranteed base subsidy under section 2592(b) of the School Code (24 P. S. § 25-2592(b)). School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). Sparsity factor—Sparsity factor shall be assigned for those districts whose population is less than 50 per square mile as determined by the Secretary of Education from the most recent records of the United States Census Bureau. A school district qualifying under the sparsity factor shall be paid by the Commonwealth on account of excess expenditures per weighted average daily membership, not to exceed for the school year 1966-1967 $100, for the school year 1967-1968 $150, for the school year 1968-1969 $200, for the school year 1969-1970 through school year 1977-1978 $250, for the school year 1978-1979 and each school year thereafter $265 in excess of $400, an amount to be determined by multiplying the excess expenditures by the aid ratio or by .375, whichever is greater and by the number of weighted pupils, the amount to be in addition to other payments for the pupils; provided, however, a school district qualifying under the sparsity factor may, in lieu of the above payment, elect for any school year to be paid and the Commonwealth shall pay on account of excess expenditures per weighted average daily membership in excess of $400 a sum of $30 per weighted average daily membership, the amount to be in addition to other payments for the pupils. Sparsity factor, modified—The ratio of its population per square mile to 50 subtracted from 2.00 and multiplied by the amount to which it would have been entitled had its population per square mile been less than 50. WADM—weighted average daily membership—The average daily membership for all resident pupils in the various levels of instruction shall be multiplied by the weight for that level as indicated to obtain the weighted average daily membership. The sum of the products so obtained shall be the weighted average daily membership for the district. The weighted average daily membership used in computing the aid ratio shall include kindergarten, elementary and secondary pupils.

The provisions of this § 329.2 adopted May 25, 1979, effective May 26, 1979, 9 Pa.B. 1668; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2156. Immediately preceding text appears at serial pages (42257) to (42258).

History

  • Authority: The provisions of this Chapter 329 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 329 adopted May 25, 1979, effective May 26, 1979, 9 Pa.
22 Pa. Code § 329.3 Computations.

The following are the provisions governing computation for the subsidy payments:

(1) ADM. For the purpose of calculating WADM, MAIE/WADM, MV/PI AR, minimum subsidy and percentage of poverty pupils, average daily membership shall be computed as follows:

(i) For each day the school district and corresponding public school entities are in session, record the number of resident students in membership. A pupil is a member of a public school entity from the first day on the current roll until permanently withdrawn from the roll. The date of permanent withdrawal is the date on which it is officially known that the pupil has left school and not necessarily the first day after the date of last attendance. Membership is obtained by adding the total original pupil entries and the total pupil reentries and subtracting the total pupil withdrawals. ADM is also known as the ‘‘number belonging.’’

(ii) Determine the aggregate days membership by adding all the figures recorded in paragraph (1).

(iii) Divide aggregate days membership by actual days of instruction to determine ADM.

(iv) Computations of ADM shall be carried to three decimal places and not rounded.

(2) Reduced daily membership (RDM). RDM shall be computed as follows:

(i) Determine the aggregate days membership as set forth in paragraph (1)(ii).

(ii) Divide the aggregate days membership by the mandated number of days of instruction.

(iii) Computations of RDM shall be carried to three decimal places and not rounded.

(iv) For school districts providing the mandated days of instruction or having pupils in public school entities providing the mandated days of instruction, RDM shall be equal to ADM. For school districts providing less than the mandated school year or having pupils in public school entities providing less than the mandated days of instruction, RDM shall be less than ADM.

(3) Adjustment factor. An adjustment factor shall be computed for every school district as follows:

(i) Divide RDM by ADM. This calculation shall be carried to five decimal places and not rounded.

(ii) School districts that provide the mandated days of instruction for a school year shall have an adjustment factor of one. School districts that provide less than the mandated days of instruction for a school year shall have an adjustment factor of less than one.

(4) Base subsidy. The base subsidy shall be computed as follows:

(i) Multiply the MV/PI AR by the lesser of AIE/WADM or BER multiplied by WADM.

(ii) Multiply the amount determined in subparagraph (i) by the reduction fraction to bring the allocations within the limits of the amount appropriated.

(iii) Multiply the amount determined in subparagraph (ii) by the adjustment factor.

(5) Base subsidy, guaranteed. An amount determined by multiplying the guaranteed rate by the WADM and by the adjustment factor.

(6) Base subsidy, minimum. For the purpose of computing the 15% minimum as set forth in section 2501(15) of the School Code (24 P. S. § 25-2501(15)), a minimum aid ratio of 10% will be applied to the calculation of both the MV and PI AR. MV/PI AR calculated in this manner shall be no less than .15.

The provisions of this § 329.3 adopted May 25, 1979, effective May 26, 1979, 9 Pa.B. 1688; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2156. Immediately preceding text appears at serial pages (42258) to (42260).

This section cited in 22 Pa. Code § 329.2 (relating to definitions); and 22 Pa. Code § 329.7 (relating to subsidy reimbursement for school districts which operate during strikes).

History

  • Authority: The provisions of this Chapter 329 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 329 adopted May 25, 1979, effective May 26, 1979, 9 Pa.
22 Pa. Code § 329.4 Limitation of payment increase in fiscal year 1979-1980 and each yearthereafter.

If the sums appropriated for the basic instruction subsidy in the 1979-80 fiscal year and each fiscal year thereafter are not sufficient to pay in full the total amounts to which all qualified school districts and intermediate units are entitled under sections 917.1-A, 919.1-A, 2501, 2502, 2502.3 and 2502.4 of the School Code (24 P. S. § § 9-967.1, 9-969.1, 25-2501, 25-2502, 25-2502.3 and 25-2502.4), allocations to school districts shall be reduced as follows:

(1) After the reduction fraction has been determined, the computed base subsidy of each district shall be multiplied by the reduction fraction.

(i) If the product of the computed base subsidy and the reduction fraction is greater than the guaranteed base subsidy, the computed base subsidy of the district shall be added to all other payments on account of instruction and the result shall be multiplied by the reduction fraction. In the case where school districts qualify for payments under section 2502(f.1) of the School Code (24 P. S. § 25-2502(f.1)), the computed base subsidy shall be added to all other payments on account of instruction except the payment made on account of the super density factor. The result shall be multiplied by the reduction fraction. The super density payment shall then be added to the product of this multiplication.

(ii) If the product of the computed base subsidy and the reduction fraction is less than the guaranteed base subsidy, the guaranteed base subsidy shall be added to the product of the reduction fraction times all other payments on account of instruction for which the district is qualified. In the case where school districts qualify for payments under section 2502(f.1) of the School Code, the guaranteed base subsidy and the super density payment shall be added to the product of the reduction fraction times all other payments on account of instruction.

(2) Compare the amounts determined in paragraph (1) with the district’s prior year basic instruction subsidy to determine if the district is entitled to additional funds under the provisions of section 2502.6 of the School Code (24 P. S. § 25-2502.6). The adjustment factor shall be applied to that portion of these funds a district qualifies for, because of a decrease in the base subsidy over the base subsidy of the prior year. For the purpose of this computation, the 1978-79 and 1979-80 basic instruction subsidy shall be determined by assuming that all school entities had the mandated days of instruction.

(3) The data used to determine the basic instruction subsidy shall be the data certified by the Secretary of Education to the General Assembly for the June 1 tertiary payments under section 2501(12) of the School Code (24 P. S. § 25-2501(12)).

(4) If the sums appropriated for the basic instruction subsidy in the 1979-80 fiscal year and each fiscal year thereafter are not sufficient to pay in full the total amounts to which all qualified school districts and intermediate units are entitled, the intermediate unit allocations shall be reduced by multiplying the total amount to which the intermediate units are entitled by the reduction fraction under section 967.1 and 969.1 of the School Code (24 P. S. § § 9-967.1 and 9-969.1).

The provisions of this § 329.4 adopted May 25, 1979, effective May 26, 1979, 9 Pa.B. 1688; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2156. Immediately preceding text appears at serial page (42260).

History

  • Authority: The provisions of this Chapter 329 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 329 adopted May 25, 1979, effective May 26, 1979, 9 Pa.
22 Pa. Code § 329.5 Attendance data.

Attendance data required under the School Code for determining the basic instruction subsidy shall be due on July 1 of each year.

The provisions of this § 329.5 adopted May 25, 1979, effective May 26, 1979, 9 Pa.B. 1688; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2156. Immediately preceding text appears at serial pages (42260) to (42261).

History

  • Authority: The provisions of this Chapter 329 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 329 adopted May 25, 1979, effective May 26, 1979, 9 Pa.
22 Pa. Code § 329.6 Forfeiture for employing noncertified personnel.

For the purpose of computing the forfeiture set forth in section 2518 of the School Code (24 P. S. § 25-2518), aid ratio shall be MV/PI AR.

The provisions of this § 329.6 adopted May 25, 1979, effective May 26, 1979, 9 Pa.B. 1688; amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2156. Immediately preceding text appears at serial page (42261).

History

  • Authority: The provisions of this Chapter 329 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 329 adopted May 25, 1979, effective May 26, 1979, 9 Pa.
22 Pa. Code § 329.7 Subsidy reimbursement for school districts which operate during strikes.

(a) When a strike occurs, the superintendent of the district shall notify the Department if instruction will be offered during the strike. If instruction is not offered during the strike, the district will not be allowed to count its students as being in membership for purposes of calculating the ADM of the district.

(b) If the district attempts to offer instruction during the strike, the following procedures apply:

(1) If there is an attempt to bring students in for instruction on the first day of the strike, the district shall be allowed to count its students as being in membership on that day for purposes of computing the membership figures of the district.

(2) On the second day of the strike and thereafter, the Department will arrange for a team to visit the district to ascertain the following facts:

(i) The degree to which the provisions of Chapter 5 (Reserved) are being met.

(ii) Whether personnel instructing students are properly certificated and, if substitutes are used, whether they are properly approved by the school board.

(3) School district staff and personnel shall fully cooperate with the Department team.

(4) Within a week of the termination of the strike, the Department team will submit a report to the Commissioner of Basic Education.

(5) The Commissioner will then prepare and submit a preliminary report to the superintendent of the school district for review and comment. The superintendent may, within 10 days of the receipt of the preliminary report, submit comments to the Commissioner.

(6) The Commissioner will then prepare a final report incorporating the comments of the superintendent. On the basis of this report, the Commissioner will determine if all or part of the instruction offered on each day of the strike was appropriate for purposes of subsidy reimbursement.

(c) If the instruction is found to be inappropriate by the Commissioner, the district will not be allowed to count those students who were in attendance as part of the membership figures of the district.

(d) If the instruction is found to be appropriate by the Commissioner, then the following totals shall be ascertained:

(1) The number of minutes of approved instruction offered to the students each day during the strike.

(2) If the number of minutes determined in paragraph (1) is equal to the average minutes per day on the calendar of the school, then ADM shall be calculated as set forth in § 329.3(1) (relating to computations).

(3) If the number of minutes determined in paragraph (1) for any day is less than the average minutes per day on the calendar of the school, then ADM shall be multiplied by the following fraction: total minutes of approved instruction per day

History

  • Authority: The provisions of this Chapter 329 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 329 adopted May 25, 1979, effective May 26, 1979, 9 Pa.

Chapter 338 Interim Standards for Technical College Programs

22 Pa. Code § 338.1 Scope and purpose.

(a) This chapter provides standards and eligibility criteria for Programs operated by institutions of higher education, as authorized by the act.

(b) This chapter applies only to programs operated under the act.

(c) Programs are established to create economic opportunity by providing postsecondary occupational education and training in educationally underserved areas of this Commonwealth. Technical College Programs shall prepare students for occupations that require a postsecondary certificate or associate degree and that demonstrate a high level of current and projected work force demand in fields that require technical knowledge and skill.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Program provisions of Article XIX-F of the School Code (24 P. S. § § 19-1901-F—19-1907-F). Department—The Department of Education of the Commonwealth. Eligible applicant—Any of the following:

(i) An institution of higher education.

(ii) An institution of higher education in partnership with one or more of the following:

(A) Another institution of higher education.

(B) An area vocational-technical school or ATVS, as defined in § 4.3 (relating to definitions).

(C) A community education council or CEC, as defined under section 1901-D of the School Code of 1949 (24 P. S. § 19-1901-D).

(D) A private licensed school as the term is defined under the Private Licensed Schools Act (24 P. S. § § 211—225.5), that is authorized to confer the degree of Associate in Specialized Technology or Associate in Specialized Business and is accredited by the Accrediting Commission of Career Schools and Colleges of Technology or the Accrediting Council for Independent Colleges and Schools. Equipment—An instrument, machine, apparatus or set of articles that is used to teach skills or provide information directly related to the eligible Technical College Program based on Statewide and regional needs and in accordance with Department guidelines. High-demand occupation—Job categories that are in demand by employers, have higher skill needs and are likely to provide a family-sustaining wage. These occupations require an associate degree or a certificate that may lead to an associate degree. Institution of higher education—Any of the following:

(i) An institution of the Pennsylvania State System of Higher Education.

(ii) A Pennsylvania community college created under Article XIX-A of the School Code (24 P. S. § § 19-1901-A—19-1918-A).

(iii) The Pennsylvania State University, the University of Pittsburgh, Temple University, Lincoln University and their branch campuses.

(iv) An institution as the term is defined under 24 Pa.C.S. § 6501(a) (relating to applicability of chapter) that is accredited by the Middle States Commission on Higher Education and that is not a theological seminary or school of theology or a sectarian or denominational institution. Lead sponsor—An institution of higher education which as an eligible applicant receives approval to establish a Program. Program—The Pennsylvania Technical College Program authorized by the act. School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702).

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.3 Program approval procedures.

(a) Approval. An eligible applicant that seeks approval to establish a Program shall comply with the policies, guidelines and standards of the Department.

(b) Program approval criteria. An eligible applicant shall submit an application to the Department, which must include the following:

(1) Each program of study to be offered, along with the credential or credentials associated with each.

(2) The projected enrollment for each program, both on a head count and full-time equivalent basis.

(3) Designation of the educationally underserved area the Program intends to serve.

(4) Evidence of collaboration with partners in industry, elementary and secondary education and the community.

(5) The results of a regional economic demand analysis for a 5-year period that demonstrates the projected industry need for the occupation.

(6) Evidence of planning that includes a regional needs analysis of postsecondary education and training.

(7) Evidence of local support for the Program, which may include use of building space.

(8) A proposed operating budget to include State payment as provided under section 1907-F of the School Code (24 P. S. § 19-1907-F), student tuition as provided under section 1906-F of the act and other revenue available to the eligible applicant.

(9) A description of how the program will provide support necessary to remove barriers and maximize student success, including academic support, remedial education, student services and counseling when appropriate.

(10) If applicable, status of Program accreditation or approval.

(c) Priority criteria. Priority in the selection process will be given to applicants that:

(1) Seek renewal of Program funding and continue to provide access in educationally underserved areas; have met program standards; and have demonstrated satisfactory implementation of the program.

(2) Demonstrate a plan for and ability to serve educationally and economically disadvantaged students, including one or more of the following groups:

(i) Students with family income equal to or less than 300% of the Federal poverty level.

(ii) Unemployed workers or displaced homemakers.

(iii) Individuals receiving or having received Temporary Assistance for Needy Families within 6 months prior to the date of initial application for enrollment in the Program.

(iv) Students who require assistance in meeting entry requirements for offered programs.

(v) Working students, including full-time and part-time workers.

(3) Provide access to remedial and developmental coursework or that provide accelerated remediation.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.4 Lead sponsor responsibilities.

(a) Duties. Each Program lead sponsor shall perform the following duties:

(1) Grant certificates and associate degrees to students who have completed a program of study through the Program.

(2) Provide oversight of the Program through the governance entity of the lead sponsor.

(3) Establish the student entrance requirements which adhere to standards and guidelines issued by the Department.

(4) Administer the Program on a not-for-profit basis and submit annual financial information as required by the Department.

(5) Provide for faculty, curriculum and necessary equipment to ensure consistently high quality instruction for each program of study.

(6) Offer courses to students that enables the full-time student to complete the Program in the specified amount of time or equivalency if a part-time student.

(7) Ensure that academic support services are available to students in a Program.

(8) Provide access to remedial and developmental coursework or accelerated remediation.

(9) Ensure that students who have met the entrance requirements are not required to take courses separate from the Program to complete the certificate or associate degree.

(10) Ensure that students in the Programs will be eligible for financial aid in the same manner as similarly situated students enrolled in the lead sponsor.

(11) Ensure that the opportunity exists for all students to complete the Program.

(12) Ensure that each program of study offered by a Program is designed to maximize students’ ability to transfer credits earned through the Program to another institution of higher education.

(13) Submit all reports as required by the Department.

(b) Partnerships. A lead sponsor of a Program that enters into a partnership with another applicant shall maintain final responsibility for the duties enumerated previously.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.5 Credentials and programs of study.

(a) Credentials. Each Program shall award, through the lead sponsor, credit-bearing certificates and associate degrees. A Program may award no other degree or credential. Associate degrees awarded through a Program shall be limited to one of the following:

(1) An associate of arts degree.

(2) An associate of sciences degree.

(3) An associate of applied sciences degree if an articulation agreement exists to enable the bearer of the associate of applied sciences degree to transfer the degree for full credit to an institution of higher education in pursuit of a bachelor degree.

(b) Program of study. Each credential must be associated with an approved program of study. Programs of study shall be based on Statewide and regional work force needs and shall be selected from the list of eligible programs of study in high demand occupations issued by the Department under section 1903-F of the School Code (24 P. S. § 19-1903-F). Each program shall be designed to be completed in no more than 2 years for a full-time student or an equivalent period for a part-time student.

(c) Duration of program approval. The Department will grant approval for a Program to offer the program of study for 5 years. Prior to expiration of program approval, the lead sponsor may seek reapproval from the Department or may seek approval for an alternative program of study. These requests shall be made in accordance with the policies, guidelines and standards prescribed by the Department.

(d) Courses. Each course included in an approved program shall be offered for credit. No student that has met entrance requirements will be required to take courses separate from the Program to complete the certificate or associate degree. Courses may be offered by distance learning to the extent that distance learning is an appropriate method of delivering the content of the specific course, as described in the application of an eligible applicant.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.6 Transferability of credits.

Each program of study offered by a Program shall be designed to maximize the student’s ability to transfer credits earned through a certificate or associate degree program to another institution of higher education.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.7 Enrollment and entrance requirements.

(a) Students who have earned a high school diploma or equivalent and who meet the admissions standards established by the lead sponsor and program-specific requirements that are specified as prerequisites for admission to the Program shall be eligible for enrollment if they have been residents of this Commonwealth for at least 18 months prior to enrollment.

(b) The lead sponsor shall determine the Commonwealth residency of each student in accordance with the guidelines established by the Department.

(c) Priority for enrollment shall be given to residents of the educationally underserved area the Program has been approved to serve.

(d) The full-time equivalent number of enrolled students on whose behalf the Program is eligible to receive State funding shall be limited to the number approved by the Department.

(e) Programs serve both full-time and part-time students. Full-time means that the student is carrying at least 12 credits in a semester. Part-time means that the student is carrying at least 6 credits but less than 12 credits in a semester.

(f) Students who wish to enroll in a Program but do not meet the entrance requirements shall be referred to or offered the remedial or developmental coursework necessary to meet the entrance requirements and may be granted admission upon meeting the entrance requirements as determined by the Program.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.8 Tuition and fees.

(a) Affordability. A Program may charge tuition and fees to enrolled students. The maximum tuition and fees that a Program may charge will be set by the Department adjusted and published annually and be limited to ensure the affordability of Programs for students in educationally underserved areas.

(b) Limits on student charges. A Program may not require any student charges, including application fees, lab fees and the like, beyond those approved by the Department.

(c) Financial aid. A student enrolled in a Program shall be eligible for publicly funded financial aid opportunities in the same manner as similarly situated students enrolled in the lead sponsor institution.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.9 Prohibition.

A student enrolled in a Program will not count toward the enrollment of the lead sponsor or other eligible applicant for purposes of State reimbursement or payment for purposes of State reimbursement or payment under any other appropriation for higher education.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.10 Equipment.

(a) The Department will award grants for the purchase or lease of equipment that is essential to the approved program, will prepare students for jobs in the field of study and meet the requirements of the Department.

(b) Lead sponsors shall retain records of equipment purchases and use for at least 3 years after the disposition, transfer or replacement of the equipment in accordance with Department guidelines.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.
22 Pa. Code § 338.11 Annual reporting.

(a) Annual report. The lead sponsor shall submit an annual report to the Department regarding each Program offered during the previous fiscal year. The annual report must include the following:

(1) Demographic and program data, including the following:

(i) Information on full-time and part-time faculty and student enrollments, in total and within each program of study.

(ii) Credit hours taught by faculty.

(iii) Distance learning courses offered.

(iv) Articulation and course equivalency agreements with higher education institutions.

(2) Student progress and achievement measures, including the following:

(i) Retention and completion rates.

(ii) Passing rates on certification and licensure examinations.

(iii) Number of students employed within 1 year of program completion.

(iv) Placement into additional education or employment in the student’s field of study.

(b) Disaggregation. When available, data shall be disaggregated by categories, including eligibility for financial aid, part-time and full-time status, gender, race and age.

(c) Submittal. Reports required under this section shall be submitted to the Department prior to September 1, 2008, and September 1 of each year thereafter.

History

  • Authority: The provisions of this Chapter 338 adopted under section 1901-F of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 338 adopted January 4, 2008, effective January 5, 2008, 38 Pa.

Chapter 339 Vocational Education

22 Pa. Code § 339.1 Scope of applications.

This chapter applies to school entities that provide vocational education programs under Article XVIII of the School Code (24 P. S. § § 18-1801—18-1855). These programs may receive:

(1) Payments on account of pupils enrolled in vocational curriculums. (See section 2502.8 of the School Code (24 P. S. § 25-2502.8).)

(2) Payments on account of students enrolled in technical institutes. (See section 2504.3 of the School Code (24 P. S. § 25-2504.3).)

(3) Payments on account of approved adult programs. (See section 2506.1 of the School Code (24 P. S. § 25-2506.1).)

(4) Payments on account of approved vocational extension classes and preemployment training. (See section 2507 of the School Code (24 P. S. § 25-2507).)

(5) Payments on account of equipment purchased by AVTS and TIs. (See section 2508.1 of the School Code (24 P. S. § 25-2508.1).)

(6) Payments for vocational training of recipients of public assistance and unemployment compensation. (See section 2508.3 of the School Code (24 P. S. § 25-2508.3).)

(7) Payments on account of improvements and additions in vocational-technical curriculums. (See section 2508.4 of the School Code (24 P. S. § 25-2508.4).)

(8) Payments under the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C.A. § § 2301—2471).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.1a Definitions.

(a) The definitions in § 4.3 (relating to definitions) apply to this chapter.

(b) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Articulation—A planned process of curriculum development, instructional strategies and administrative procedures, which link educational agencies with other education agencies or with industries. The linkage helps students make a transition from a school entity to another school entity, college or university or a business/industry without experiencing delays in or duplication of learning. Attendance area—A geographical area of school districts and pupils to be served by an AVTS or TI which has been approved by the State Board for Vocational Education. (See section 1840.1 of the School Code (24 P. S. § 18-1840.1).) CIP Codes—Classification of Instructional Programs—A numerical coding of instructional programs developed by the United States Department of Education used to identify vocational programs. CTSOs—Career and Technical Student Organizations—In-school organizations that provide personal and leadership development related to a career and technical program area as recognized by the United States Department of Education. (See § 339.30 (relating to student organizations).) Concentrator—A student who is at least 14 years of age and is enrolled full time in an approved career and technical education program that meets the requirements of this chapter. Diversified occupations program—A planned vocational program, which may be offered at either the AVTS or a comprehensive high school. The program prepares students from more than one vocational education area of instruction for gainful employment. The program is a partnership between a local business and industry and the school entity. A full range of career competencies are developed at the job training station site. The school, in a classroom setting, provides related academic and technical instruction, including safety. High-priority occupation—An occupation as defined by the Center for Workforce Information and Analysis within the Department of Labor and Industry, or another occupation determined to meet regional workforce needs as documented through collaboration between the school entity or TI and one or more employers and approved by the Department. IEP—Individualized Education Program under Chapter 14 (relating to special education services and programs). Industry standards—Standards established by State or National trade or professional organizations or State or Federal regulatory bodies accepted by the Department that describe what learners should know and be able to do and describe how well learners should know or be able to perform a task in a specific occupation. Local plan—A plan submitted by a school entity and approved by the Department in accordance with the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. § § 2301—2471), or its successor. Out-of-school youth—Persons 16 years of age or older who have left full-time school without receiving a secondary school diploma or its recognized equivalent. Pennsylvania skills certificate—A certificate provided by the Department to recognize vocational and technical education students who have achieved a score of advanced on occupational end-of-program assessments in their chosen technical area. Program accrediting authority—A regional or National industry-recognized agency or organization that certifies that a program meets education or training standards specific to the industry. Registered apprenticeship—A training plan registered with the Apprenticeship and Training Council of the Commonwealth (Council) and evidenced by a Certificate of Registration or other appropriate document as meeting the apprenticeship standards of the Council. State plan—A plan submitted by the Department and approved by the Federal Government in accordance with the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. § § 2301—2471), or its successor. TI—Technical institute—An institute established, maintained, conducted and operated for the purpose of offering nondegree-granting post high school programs and courses of not more than 2 years’ duration, which prepare out-of-school youth and adults for technical areas leading to technical certificates. (See section 1841 of the School Code (24 P. S. § 18-1841 regarding establishment of schools).) TI Board—An existing area vocational-technical board, or several area vocational-technical boards, that agree to provide for, establish, maintain, conduct and operate a TI.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.2 Operation.

A board of school directors, acting individually or in conjunction with other boards of school directors, may establish, operate, maintain and conduct vocational or technical education programs, or both, which includes academic preparation consistent with Chapter 4 (relating to academic standards and assessment), under the approved strategic plans.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.3 Satellite program.

A satellite vocational education program is a program established, maintained and administered by an area vocational-technical board in a participating school district facility as an integral part of the AVTS. The requirements for satellite programs are:

(1) AVTS requirements. In school districts having approved satellite programs, the area vocational-technical board shall be required to:

(i) Maintain school/industry articulation.

(ii) Supervise vocational student organization activities.

(iii) Conduct vocational advisory committee activities.

(iv) Periodically review vocational education program needs in the attendance area and develop recommendations for continued growth and expansion of a coordinated vocational education system.

(v) Develop recommendations that assist students in meeting their career needs without regard to sex, race or disability.

(vi) Ensure that a program of safety is incorporated into the curriculum.

(2) School district requirements. School districts receiving coordination services for approved satellite vocational educational programs shall:

(i) Maintain budgetary control over supplies and equipment, insurance, utilities and routine upkeep.

(ii) Maintain responsibility for assignment of students in the classes.

(iii) Provide supporting services, such as student guidance, disciplinary control, custodial services, health services and library services.

(3) Agreements. Satellites shall be operated in conformity with a memorandum of understanding which identifies the requirements of this section. The memorandum of understanding shall be jointly adopted by the board of school directors and constituent school districts. An area vocational-technical board may also arrange with its constituent school districts to provide coordination services for vocational education classes conducted for adults and postsecondary students.

(4) Employment. Instructional staff members employed to provide these educational services in the satellite area may be employed by the school district or by the area vocational-technical board.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.4 Program approval.

(a) General rule. New, expanded or revised programs will be approved by the Secretary prior to operation. A program will not receive vocational education payments until it has been approved by the Secretary under this chapter. Vocational education programs will be subject to approval and reapproval as follows:

(1) New, expanded or revised programs. New, expanded or revised programs will be reviewed for approval by the Secretary for compliance with this chapter prior to operation. For funding purposes, new, expanded or revised programs shall be submitted to the Bureau of Career and Technical Education prior to August 1 to receive full-year reimbursement.

(2) Reapproval. Previously approved vocational education programs will be reviewed for approval by the Secretary for compliance with this chapter. Every program shall be reviewed for reapproval at intervals of no more than 5 years. The Department has the right to review programs at any time.

(b) Application for approval or reapproval. Programs shall be reviewed for compliance with this section. New, expanded, revised and existing programs shall submit evidence of compliance with this chapter. Application shall be made on forms supplied by the Department, which must include:

(1) A description of the program and evidencing how a standards-based philosophy has been incorporated as required by § 339.22 (relating to program content). Evidence includes the school entity’s strategic plan and program standards.

(2) Evidence that the program prepares students for employment in high priority occupations and is supported by local employers. Evidence includes documentation that the program is aligned with one or more high priority occupations and documentation that membership of the occupational advisory committee includes representation of local or regional employers from related industries. Evidence for reapproval must also include attainment of targets pursuant to the standards under subsection (d).

(3) Evidence that the instructional equipment is comparable to industry needs as recommended by the Occupational Advisory Committee. Evidence includes the minutes of the occupational advisory committee meetings.

(4) Evidence that the length of time students will be scheduled into a program meets the requirements of § 339.22(a)(9)(i). Evidence includes student schedules.

(5) Evidence that each secondary vocational education teacher will hold a valid certificate for the teacher’s assigned position as required by Chapter 49 (relating to certification of professional personnel).

(6) Evidence that adequate resource material will be available to support the instructional program plan as required by program accrediting authorities, if applicable, or recommended by the occupational advisory committee. Evidence includes a list of resource materials required by a program accrediting authority or recommended by the occupational advisory committee, and the list of resource material available in the program.

(7) Evidence that supports that services and accommodations will be available to disadvantaged, disabled or limited English-speaking students enrolled in vocational and technical programs and supported by the district of residence in accordance with applicable law, service agreements and student IEPs. Evidence includes student IEPs and service agreements.

(8) Evidence that school entities will provide students adequate supports to meet academic standards as determined by Chapter 4 and, when applicable, consistent with the student’s IEP, and that instruction in these academic areas at all school entities where the student is enrolled is appropriate to the chosen area of occupational training. Evidence includes transcripts, course sequences, student IEPs, support plans and operating agreements.

(9) Evidence that articulation exists between secondary and postsecondary institutions within a service area and that a system exists promoting seamless transition to ensure the maximum opportunity for student placement including opportunities for concurrent enrollment under Article XVI-B of the School Code (24 P. S. § § 16-1601—16-1613) or dual enrollment or other strategies that promote acquisition of postsecondary credit while still in high school. Evidence includes articulation agreements and concurrent or dual enrollment agreements.

(10) Evidence of program sponsorship or involvement, or both, in CTSOs. Evidence includes student rosters from the CTSO or charter agreements between the school entity and the CTSO.

(11) Evidence, if a program submitted for reapproval is reduced in hours, that the reduction in hours will not result in a less effective education program being offered. Evidence includes demonstration that the requirements of this chapter will be met.

(12) Evidence that joint planning occurs between the AVTs and district of residence around the academic and other needs of attending students. Evidence includes agendas and minutes of joint operating committee meetings and of administrative committees.

(13) Evidence that students are following an educational plan and have an occupational objective. Evidence includes a completed ‘‘Educational and Occupational Objectives For a Student Enrolled in a Department-approved Career and Technical Education (CTE) Program’’ Form as specified by the Department for each student.

(c) Documentation. Documentation supporting compliance with each item on the application for approval or reapproval-subsection (b)—shall be maintained at the school entity and shall be available for Department review. All documentation submitted to the Department shall be maintained by the school entity for 3 years after a compliance review has been completed.

(d) Retain approval.

(1) To maintain program approval granted under subsection (a)(1) or (2), it shall be necessary for the school entity to meet the following standards, which will be subject to review by the Department.

(i) Skill attainment targets as set forth in the school entity’s local plan, if applicable, or State plan, which may include industry assessment, industry credentials, certification or State assessment.

(ii) Student performance targets on achieving academic standards as set forth in the school entity’s local plan, if applicable, or State plan, which includes the PSSA or another Department-approved assessment which measures student performance on academic standards.

(iii) Secondary school completion and student graduation targets as set forth in the school entity’s local plan, if applicable, or State Plan, which includes student attainment of a secondary school diploma or its recognized equivalent or a proficiency credential in conjunction with a secondary school diploma.

(iv) Student placement targets as set forth in the school entity’s local plan, if applicable, or State Plan, which includes placement in, retention in and completion of postsecondary education or advanced training (including registered apprenticeships), placement in military service, or placement and retention in employment.

(v) Nontraditional participation and completion targets as set forth in the school entity’s local plan, if applicable, or State Plan, which includes nontraditional student.

(2) The Department will notify, in writing, each school entity that does not meet the standards under paragraph (1), and will require the school entity to submit a compliance plan within 90 days to the Bureau of Career and Technical Education. Each noncomplying school entity shall develop a compliance plan and document the corrective actions taken pursuant to it. Upon its approval of the plan, the Department will continue to review the program and provide technical assistance.

(e) Terminations.

(1) Programs will be terminated for the following reasons:

(i) The program fails within a 3-year period to successfully meet the accountability standards under this section and may be terminated in accordance with § 339.62 (relating to noncompliance: appeal process).

(ii) School entities request termination. Before program termination, the local administrator shall secure board approval and forward a copy of the board’s minutes with a letter of explanation to the Department. If the Department does not respond to the school entity’s submission within 60 days, the termination shall be considered approved.

(iii) The program reports no student enrollment for 3 consecutive school years and may be terminated in accordance with § 339.62.

(f) Report. School entities shall report annually to the Department on the accomplishment of standards as outlined in the State Plan or local plan, if applicable.

(g) Private school contracts. Contractual arrangements may be made by public schools with approved private institutions to provide secondary or postsecondary vocational-technical instruction only in occupational fields for which public school programs are unavailable. The private institutions shall meet program certification and other mandates regarding vocational education programs contained in the School Code and this title.

Teacher Suspension

Teacher was appropriately suspended following merger of two programs of instruction when one of those programs had steadily declined in student enrollment. Newell v. Wilkes-Barre Area Vocational Technical School, 670 A.2d 1190 (Pa. Cmwlth. 1996).

This section cited in 22 Pa. Code § 339.22 (relating to program content); 22 Pa. Code § 339.51 (relating to learning environment); 22 Pa. Code § 339.57 (relating to application for establishment; program approval and reapproval; termination).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.13 Local advisory committee.

The local advisory committee as set forth in § 4.33(a) (relating to advisory committees) shall also include representatives authorized by the workforce investment board, civic organizations and higher education institutions.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.14 Occupational advisory committee.

The occupational advisory committee as set forth in § 4.33(c) (relating to advisory committees) shall also include representatives authorized by the workforce investment board, civic organizations and higher education institutions.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.21 Admissions.

An admissions policy developed by the local education agency regarding entrance to a vocational education program must state whether enrollment is unlimited or limited. If enrollment is limited, an admissions policy must include nondiscriminatory eligibility requirements for the purpose of predicting a student’s success in a given program. For a student with a disability, success shall be predicted by the student’s IEP team on the basis of the student’s ability to benefit from the program. When the number of students predicted to be successful in a given program is less than the number of openings available in that given program, the openings may be available to adults or students at another school district, which are predicted to be successful in that program. When the number of students predicted to be successful in a given program exceeds the number of openings available, an admissions policy must include a nondiscriminatory selection procedure, as required by current Federal and State statutes, regulations and guidelines.

(1) If a selection procedure is necessary to select and reject qualified applicants, as judged by established and publicized eligibility requirements, the procedure shall be nondiscriminatory under the Federal and State statutes and regulations and guidelines.

(2) If a school develops a recruitment program, announcements concerning vocational education must exemplify freedom from occupational stereotypes and to the extent possible the philosophy of equal access.

(3) Guidance personnel shall provide to students the information necessary to make informed decisions regarding the selection of appropriate vocational technical education programs and discuss the importance of high school academic achievement and postsecondary education and training to career success.

(4) Denial of admission may be appealed to the board or joint operating board of the school making the decision. If the board refuses admission, the student may appeal its decision to the State Board of Vocational Education.

(5) With regard to the placement of students with IEPs or service agreements in vocational programming, faculty from the vocational programs in which students are recommended for placement will participate as members of the IEP and service agreement teams.

(6) IEP and service agreement team meetings, when scheduled by the school district, must give timely notice to the vocational and technical education representative assigned and shall be attended by the vocational and technical education representative.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.22 Program content.

(a) Occupational program requirements. The primary objectives of an occupational program are to prepare students for employment in high priority occupations supported by local employers, and for successful employment and lifelong learning through acquisition of high-level academic, technical and career development skills, efficient work habits and attitudes about the personal, social and economic significance of work. Occupational programs include vocational agriculture, vocational business education, vocational health occupations, vocational marketing and distributive education, vocational occupational family and consumer sciences, and vocational trade, industrial and technical education. Occupational programs must be standards-based, prepare students for obtainment of licensure or industry skill certification or Pennsylvania Skills Certificate, as required, provide extended classroom experience, and meet minimum time requirements. The specific requirements of the foregoing elements are as follows:

(1) Standards-based. Programs must have standards-based plans. A standards-based plan is an instructional system that is planned and managed by the teacher, based upon occupational analysis and clearly stated performance objectives that are deemed critical to successful employment as recommended by occupational advisory committees. Occupational tasks recommended by an Occupational Advisory Committee must provide the basis for instruction. The instructional process must derive its content from the task performed in each occupation and job and provide for the assessment of student performance on the basis of preset performance standards. Standards-based plans must include:

(i) Performance objectives. A vocational education program must identify performance objectives in accordance with criteria developed by the school entity in cooperation with the Occupational Advisory Committee. The performance objectives consist of the following three parts:

(A) The conditions under which the task will be performed—the materials and supplies provided.

(B) A description of the task.

(C) The standard for how well the task shall be performed.

(ii) Program plans. Vocational education program content must be designed in accordance with one of the following standards-based plans:

(A) Regular occupations. A plan designed to provide instruction in preparing students for gainful employment in occupations requiring skills learned in one of the vocational education program areas. The development of leadership competencies and positive attitudes towards fulfilling occupational, civic, social and community responsibilities shall be an integral part of this program plan.

(B) Cluster occupations. A plan designed to provide basic information and skills for a number of closely related occupations and to develop basic competencies in a variety of jobs within an occupational field. Vocational education planned courses from more than one vocational education field may be offered in order to meet the minimum time requirements. The development of leadership competencies and positive attitudes towards fulfilling occupational, civic, social and community responsibilities shall be an integral part of this program plan.

(2) Pennsylvania academic standards. Pennsylvania academic standards under Chapter 4 (relating to academic standards and assessment) shall be integrated within the technical curriculum and instruction.

(3) CIP Code. Programs will be identified by CIP code.

(4) Planned instruction. Planned instruction must include the integration of academic, career development and technical curricula at the secondary level.

(5) Occupational analysis. The occupational analysis conducted by the school entity under § 339.4(a) (relating to program approval) must lead to clearly stated performance objectives deemed critical to successful employment, and assessment of student competencies based upon performance standards.

(6) Industry standards. Programs must prepare students to meet industry-defined standards, certifications, regulations or licensing agreements demonstrated through industry assessment, industry credentials, industry certification, license or State assessment.

(7) License requirements. Programs designed to provide students with the background to meet certification and licensure requirements must meet the standards of the licensing agency and be supervised or administered according to the certifying or licensing agency, Parts I and II (relating to State Board of Education; and standards). Information on legal requirements or limitations relating to the occupations for which they are preparing shall be given to all students in writing.

(8) Extended classroom and work-based learning. The program must provide students an opportunity to acquire experience in appropriate work situations related to their vocational program of study. When the traditional shop or laboratory cannot simulate the work situation, the classroom may be extended to a cooperating agency or business as long as the educational objectives are being met. Health occupations curriculum preparing individuals for direct patient care must provide clinical experience as an integral part of the curriculum.

(9) Minimum time requirements.

(i) The school entity may develop vocational education programs for any time length as long as they do not go below the minimums listed in this subsection. Vocational programs may range in duration from 1 year to 4 years, and the following represents the minimum total hours required for a program sequence:

(A) One year sequence. A vocational technical education program existing in the 12th grade when students have met their academic graduation requirements but require technical courses only, and lasting 1 year in duration must provide a minimum total of 720 hours of vocational program instruction by the end of the program year.

(B) Two year sequence. A vocational technical education program consisting of 2 sequential years must provide a minimum total of 720 hours of vocational program instruction by the end of the program sequence.

(C) Three year sequence. A vocational technical education program consisting of 3 sequential years must provide a minimum total of 1,080 hours of vocational program instruction by the end of the program sequence.

(D) Four year sequence. A vocational technical education program consisting of 4 sequential years must provide a minimum total of 1,320 hours of vocational program instruction by the end of the program sequence.

(ii) The following requirements shall be considered in planning vocational education programs based on the minimum time requirements listed in subparagraph (i):

(A) Vocational education credits may be given for hours spent in supervised agricultural experience, cooperative clinical experiences and other supervised occupational experience occurring during or after the school day as defined in the Public School Code.

(B) A minimum of two planned courses shall be operated per year. These two planned courses shall be skilled courses.

(C) Sequences shall be offered in consecutive years and the last year of the program will conclude in the twelfth grade.

(D) This section includes the minimum requirements for a program to be eligible for vocational reimbursement. It is recognized that selected vocational programs may require more than the minimum hours to offer an effective education program.

(b) Exceptional programs requirements. Exceptional programs could include any of the occupational areas defined in this section. See subsection (a). An exceptional program will be approved to address special needs documented by the school entity. The program content shall be designed in accordance with one of the following standards-based plans:

(1) Special vocational. A plan designed to meet the vocational education requirements of special needs students in accordance with a least restrictive environment and their IEPs.

(2) Experimental. Special pilot, experimental, exemplary or innovative programs, which do not fit within the structure of any of the plans, may be approved on an annual basis after review by the Secretary.

(c) Diversified occupations program requirements. Diversified occupations programs may include any of the occupational areas defined in subsection (a) or other occupational areas not offered at the comprehensive high schools or AVTS. The diversified occupations program shall be available as a 1-year or 2-year program. This program is for 11th and 12th grade students who are unable to gain admission to a vocational program due to excessive numbers of applicants, inability to meet entrance requirements for other existing vocational programs, or lack of specific vocational areas offered at the comprehensive high school or participating AVTS. When diversified occupations programs are provided, they shall be planned in accordance with the student’s stated career objective and include:

(1) Work-based learning experiences held at a school-approved worksite.

(2) A training plan and a training agreement shall be developed with the employer and available on file with both the school and the employer. The training agreement and training plan must be signed by the student, parent/guardian, school officials and cooperating employer.

(3) School-based, academic and career-specific instruction.

(4) One planned course—equal to one unit of credit—of general related theory or technical related content, or both, per year. To meet this requirement, the school district operated diversified occupations student shall meet with his teacher-coordinator for at least one 40 to 45 minute period per day or a minimum of 3 hours per week. To meet this requirement at a career and technical center operated program, the diversified occupations student shall meet with his teacher-coordinator for at least one 40 to 45 minute period per week.

(5) Payment of the existing legal wage.

(6) Provision for administration, supervision and monitoring by a certified teacher in cooperation with the employer.

(7) Provision of work site supervision by an experienced person, and the student has had an opportunity to perform a variety of work assignments.

(8) A certified teacher to manage the program.

(9) Provision for coordination of work site activities of at least 1/2 hour per week per student, including work site visits and observations, as well as preparation for the related in-school instruction.

(10) Students shall be legally employed a minimum of 15 hours a week during the school year. Graduation credits can be awarded for hours worked outside of school hours.

(11) Students shall be legally employed a minimum of 150 school days to be eligible for the Department reimbursement.

(12) Recognition and high school credit for the student’s participation in the cooperative education diversified occupations program.

(13) Compliance with Federal and State statutes.

(14) Insurance protection for both the school and students.

(d) Nonoccupational program requirements.

(1) Family and consumer sciences education programs. The family and consumer sciences education programs must operate in a comprehensive high school.

(2) Primary objectives. The primary objectives of family and consumer sciences education programs are to:

(i) Integrate within the technical curriculum instruction aligned with Pennsylvania academic standards under Chapter 4.

(ii) Prepare both males and females with knowledge and skills required to meet the approved Family and Consumer Sciences Academic Standards.

(iii) Provide knowledge and skills that are interrelated and necessary for the optimum quality of life for individuals and families.

(e) Postsecondary education and training. Articulation of the secondary program of studies with postsecondary institutions, technical institutes and industry partners who offer registered apprenticeship, certificate or degree programs shall occur.

This section cited in 22 Pa. Code § 339.4 (relating to program approval).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.23 Vocational education safety.

Vocational education shall be provided consistent with safety standards in the following areas:

(1) Safety instruction shall be practiced in the laboratory and classroom.

(2) Equipment guards and personal safety devices shall be in place and used.

(3) Class enrollment shall be safe relative to classroom or laboratory size and number of workstations.

(4) Workstations shall be barrier-free, assuring accessibility and safety under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794) and 34 CFR 104.22(a) (relating to existing facilities) and the Americans With Disabilities Act of 1990 (42 U.S.C.A. § § 12101—12213).

(5) Provisions shall be made for safe practices to meet individual educational needs of handicapped persons under section 504 of the Rehabilitation Act of 1973, 34 CFR 104.33(b) (relating to free appropriate public education), OCR Guidelines, Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. § § 2000d—2000d-4a) and 45 CFR Part 80 (relating to nondiscrimination under programs receiving Federal assistance through the Department of Health and Human Services effectuation of Title VI of the Civil Rights Act of 1964).

(6) Storage of materials and supplies must meet 34 Pa. Code Part I (relating to Department of Labor and Industry).

(7) Safety practices must meet State and Federal regulations.

This section cited in 22 Pa. Code § 339.51 (relating to learning environment).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.29 Cooperative vocational education.

If cooperative vocational education is provided, it shall be planned in accordance with the stated career or occupational objectives of the student and include:

(1) Related learning experiences held at a school-approved work station.

(2) A training plan and a training agreement developed with the employer and available on file with both the school entity and the employer. The training agreement and training plan must be signed by the student, parent/guardian, school officials and cooperating employer.

(3) Payment of the existing legal wage when applicable under section 206 of the Fair Labor Standards Act of 1938 (29 U.S.C.A. § 206) and The Minimum Wage Act of 1968 (43 P. S. § § 333.101—333.115).

(4) Provision for administration and supervision by school staff members in cooperation with the employer.

(5) A minimum of one onsite student evaluation by a certified teacher for on-the-job activities per month.

(6) At least 45 minutes per week, or 90 minutes every other week, for students to meet with their vocational instructor to discuss job problems and related information.

(7) Credit for cooperative vocational education work experience.

(8) A certified teacher coordinating the program.

(9) Compliance with Federal and State statutes.

(10) Insurance protection for both the school and students.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.30 Student organizations.

(a) CTSOs shall be an integral part of the respective vocational education program. Instruction must provide for the development of human relations skills; knowledge of occupations; leadership competencies and positive attitudes towards fulfilling occupational, civic, social and community responsibilities.

(b) CTSOs recognized in this Commonwealth are those recognized as CTSOs career and technical student organizations by the United States Department of Education.

(c) CTSOs in this Commonwealth include:

(1) Distributive Education Clubs of America (DECA).

(2) Future Business Leaders of America (FBLA).

(3) Family, Career and Community Leaders of America (FCCLA).

(4) Health Occupations Students Organization (HOSA).

(5) National FFA Organization (FFA).

(6) National Young Farmer Educational Association (NYFEA).

(7) SkillsUSA (formerly Vocational Industrial Clubs of America).

(8) Technology Student Association (TSA).

(9) Other organizations that are approved by the United States Department of Education in the future.

(d) Members of CTSOs shall be under the direct supervision of certified professional education personnel as assigned by the joint operating committee or school board.

(e) CTSOs must hold a charter between their National organization and the Department.

This section cited in 22 Pa. Code § 339.1a (relating to definitions).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.31 Plan.

There shall be a written plan on file, approved by the local board of school directors, for the development and implementation of a comprehensive, sequential program of guidance services for kindergarten through 12th grade. The plan must include procedures to provide for guidance services to AVTSs. Upon request, the plan shall be submitted to the Secretary.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.32 Services.

The plan shall be designed to promote equal opportunity and include the following guidance service areas:

(1) Assistance to students in selecting vocational curricula that meet their needs and address their interests. School entity counseling services must ensure that counselors do not direct or urge any student to enroll in a particular career or program, or measure or predict a student’s prospects for success in any career or program based upon the student’s race, color, national origin, sex or disabilities. School entities cannot counsel students with disabilities toward more restrictive career objectives than students without disabilities and with similar abilities and interests.

(2) Assistance for all vocational students in making educational career plans including high school academic and technical preparation and postsecondary education and training, and adjustments through the use of individual and group counseling and appropriate student assessment procedures.

(3) Provision of occupational and educational information needed for realistic career planning in an organized, systematic fashion for students, parents and teachers.

(4) Maintenance of cumulative records and the use, exchange and release of student information in accordance with § § 12.31 and 12.32 (relating to general requirements; and elements of the plan).

(5) Adequate orientation procedures for vocationally oriented pupils.

(6) Support of a placement service that is developmental and makes provisions for the transition from school to the world of work.

(7) Formal and informal consultation with teachers, administrators and other school staff.

(8) A school-initiated system of parental involvement.

(9) Liaison activities with community agencies.

(10) Assistance in the conduct of follow-up studies to determine the effectiveness of the curriculum.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.41 Certification.

Certification requirements include:

(1) Professional employees. Professional staff shall meet standards as defined in Chapters 49 and 354 (relating to certification of professional personnel; and preparation of professional educators) as well as certification and professional standards and requirements for teachers under Article XVII of the School Code (24 P. S. § § 12-1201—12-1215) and the Professional Educator Discipline Act (24 P. S. § § 2070.1—2070.18).

(2) In-service plan. Local education agencies shall have a plan on file that ensures professional personnel will keep up with the technology and remain current with practices and standards of their professional areas.

(3) Temporary certification. The Secretary may issue a temporary letter of certification for a resource specialist to provide supplemental vocational instruction under the supervision of a certified teacher. The services must be part-time and may not exceed 300 clock hours during a school year.

(4) Chief administrator of the area school. The School Code provides that area vocational-technical boards shall designate the executive director of the intermediate unit or a chief school administrator of one of the participating school districts to serve in the capacity of the chief administrator of the area school.

(5) Vocational supervision. A vocational supervisory certificate or vocational director certificate is mandated when 50% or more of an assignment is related to supervising vocational education programs.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.51 Learning environment.

The requirements for the learning environment are as follows:

(1) Size of laboratory. Shop laboratory size must be adequate as required by State licensing boards, accreditation providers and industry certification standards and take into consideration the recommendations of the occupational advisory committee.

(2) Type of equipment. Refer to § 339.4(b)(5) (relating to program approval) for requirements related to equipment.

(3) Number of workstations. Students assigned may not be greater than the number of workstations available.

(4) Safety of students. Refer to § 339.23 (relating to vocational education safety) for safety of students requirements.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.53 Contemporary equipment.

The equipment and facilities must meet industry standards based on occupational advisory committee recommendations. Equipment will be deemed to meet industry standards if it is compatible, insofar as practical, to that used in occupations for which vocational-technical education is provided.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.54 Subsidy on behalf of secondary vocational students.

Only students who meet the definition of concentrators shall be included in the calculation of vocational average daily membership under the School Code.

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.55 Payment on behalf of TIs.

The Commonwealth will pay every school district having out-of-school youth or adults enrolled in a TI program approved by the Department under § 339.57 (relating to application for establishment; program approval and reapproval; termination), for each student in average daily membership, 1/3 of current expense per student as provided in the approved budget, or the per student cost for current expense, whichever is less. Reimbursement will be made in the subsequent State fiscal year and based upon data supplied to the Department by the TI. The remainder of the cost of total current expense shall be borne by the district of residence, or by the district of residence and the student. The student will not bear more than 1/3 of the current expense per student.

This section cited in 22 Pa. Code § 339.57 (relating to application for establishment; program approval and reapproval; termination).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.56 Authority.

(a) Article XVIII of the School Code (24 P. S. § § 18-1801—18-1855) authorizes school boards to establish and operate TIs for the purpose of offering post-high school programs to prepare out of school youths and adults for occupations requiring technical training.

(b) TIs shall be regulated by Article XVIII of the School Code, this chapter and by procedural guidelines prepared by the Department and adopted by the State Board for Vocational Education.

(c) Section 1841 of the School Code (24 P. S. § 18-1841) authorizes the establishment of a TI by a majority vote in convention or by mail called for by:

(1) Boards of public education.

(2) Intermediate units’ board of directors through a certified vote. (See section 1844(a) and (d) of the School Code (24 P. S. § 18-1844(a) and (d)) regarding establishment of schools and institutes). State Vocational Board approval is required prior to the establishment of a TI.

(d) Participating school districts shall have authority to enter into written agreements establishing their rights and obligations. This agreement may not be changed without the consent of each participating school district’s board of directors as determined by a majority vote, in accordance with section 1850.1(a) of the School Code (24 P. S. § 18-1850.1(a)) regarding organization and operation of schools and institutes.

(e) TIs have the authority to offer technical certificates. TIs may not grant degrees, but shall develop articulation agreements with degree-granting institutions to facilitate transfer of student credit.

(f) This section and § § 339.57 and 339.58 (relating to TIs) apply only to the establishment of TIs as authorized by section 18-1855 of the School Code (24 P. S. § 18-1855).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.57 Application for establishment; program approval and reapproval; termination.

(a) Establishment. To be eligible for funding and establishment as a TI under this chapter, an applicant must obtain approval from the Department. Application shall be made on forms approved by the Department which includes:

(1) A statement of philosophy documenting how the mission fulfills the educational needs of this Commonwealth.

(2) Strategic plans, including needs assessment; action plans; coordination and articulation plans among secondary, postsecondary, adult and apprenticeship programs; professional staff development plan; written plan for job placement; and a plan for repair, replacement and addition of instructional equipment. Action plans must include formal strategies and accountability plans for ensuring that all students are equipped with the academic and occupational skills they need for career success and lifelong learning.

(3) Evidence of a local advisory committee, which has the function of advising the administration of the institute concerning the needs of the institute and the needs of business and industry as they relate to strategic planning, educational planning and recruitment of personnel. Evidence must be given that the local advisory committee will hold at least one meeting each year. This is evidenced by agendas and minutes of local advisory committee meetings.

(4) Evidence that nondiscriminatory written admissions policies exist, are publicized and are effective. This is evidenced in the school entity’s policy manual and publications such as the admissions handbook; course announcements, materials, brochures, and similar materials that convey the philosophy of equal access to students considering enrollment. Once established, a TI shall demonstrate effectiveness of admissions policies through disaggregated student enrollment data.

(5) Evidence that information related to guidance counseling, placement and financial aid information shall be available to all students.

(b) Program approval and reapproval. New, expanded or revised programs shall be approved by the Secretary prior to operation. A program will not receive vocational education payments under § 339.55 (relating to payment on behalf of TIs) until it has been approved by the Secretary under this chapter. A TI shall apply for program approval or reapproval in the same manner as provided under § 339.4 (relating to program approval).

(c) Licensure and certification. Instructional programs shall be designed to meet licensure, certifications or examinations administered by State or Federal regulatory bodies, trade associations or professional organizations.

(d) Strategic plan. Each TI shall submit to the Department for review and approval a strategic plan no fewer than every 5 years.

(e) Program termination. Programs may be terminated at any time by the TI board. Any student enrolled in the program being terminated shall be given a reasonable opportunity to complete it.

(f) Documentation. TIs shall retain documentation on file supporting each item in this section for 3 years and the documents shall be made available to the Department upon request.

This section cited in 22 Pa. Code § 339.55 (relating to payment on behalf of TIs); and 22 Pa. Code § 339.56 (relating to authority).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.58 Operation.

(a) The TI board may delegate operation to:

(1) A joint committee elected by the participating boards in accordance with sections 1850.1—1850.3 of the School Code (24 P. S. § § 18-1850.1—18-1850.3).

(2) An intermediate unit board of directors in accordance with section 1850.2 of the School Code (24 P. S. § 18-1850.2).

(b) The TI board has the following powers:

(1) Budgeting.

(2) Setting institute policies.

(3) Employing supervisors and teachers.

(4) Buying, building, or renting buildings and land.

This section cited in 22 Pa. Code § 339.56 (relating to authority).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.61 Evaluation.

(a) General rule. Approved vocational education curriculum shall be subject to review by the Secretary to determine compliance with Chapter 4 (relating to academic standards and assessment) and this chapter.

(b) Team. Evaluations shall be performed by vocational educators and other competent evaluators, as selected by the Department.

(c) Report. The Department evaluation team will file a report with the board of school directors and area AVTS board of directors within 30 calendar days after the onsite evaluation.

(d) Content. The report will identify areas that are not in compliance with Chapter 4 and this chapter and other applicable statutes, regulations and guidelines.

(f) Noncompliance. If an evaluation reveals noncompliance with this title, the school entity shall develop a compliance plan in accordance with § 339.62 (relating to noncompliances; appeal process).

This section cited in 22 Pa. Code § 339.4 (relating to program approval).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.
22 Pa. Code § 339.62 Noncompliance; appeal process.

(a) Plan. If the evaluation report identifies areas of noncompliance, the board of school directors or area vocational-technical board of school directors shall file a plan for correcting the noncompliance identified in the report with the Department.

(b) Reevaluation. Following a submission of the plan required in subsection (a), the Department will conduct a reevaluation to determine whether to issue, conditionally withhold, or withhold approval that will terminate State and Federal funding to the program.

(c) Hearing. The decision to withhold approval and the subsidies related to that approval will be an adjudication under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law) and notices, hearings and appeals will be conducted in accordance therewith.

This section cited in 22 Pa. Code § 339.4 (relating to program approval).

History

  • Authority: The provisions of this Chapter 339 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 339 adopted April 28, 1978, 8 Pa.

Chapter 349 School Building Standards

22 Pa. Code § 349.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Architectural area—The sum of the areas of the several floors, including basements, mezzanine and intermediate floored tiers and penthouses of headroom height (6'-6" minimum), measured from the exterior faces of exterior walls or from the center line of walls separating buildings; covered walkways, open roofed-over areas that are paved shall have the architectural area multiplied by an area factor of 0.50; architectural area does not include such features as pipe trenches, exterior terraces or steps, chimneys and roof overhangs. Department—The Department of Education of the Commonwealth. Existing value—The proportionate value which an existing structure plus necessary alterations thereto will bear to the reimbursable value of a completed educational facility. Long term lease—A lease of at least 5 years but not more than 40 years. Maximum building construction cost—Includes general construction, heating and ventilating, plumbing, electrical, other structural expense, fixtures and equipment, and architectural and engineering fees on these items; the maximum building construction cost does not include rough grading, necessary grouting or shoring, excavation outside the building perimeter, special foundations, access roads, costs of utilities to and on the site, curbing and walks required by local ordinance, sewage disposal, site development, site acquisition, and architectural and engineering fees on these items; the cost of fixtures and equipment is not included in the maximum building construction cost for area vocational-technical schools. Maximum project cost—Building construction cost, plus all other costs of the project proposal including land, grading, fees, and the like. Rough grading—Confined to clearing and grubbing a site of natural growth, fences, surface fieldstone, stumps, and such cut and fill as may be required to meet the established standard finish grades; rough grading shall not include such items as finished roadways and walks, demolition of buildings, strip mining of coal, mining of any minerals, supporting of mine roofs to prevent subsidence, or similar operations. Scheduled area—Includes instructional spaces such as classrooms, laboratories, planetaria, observatories, student project rooms, student activity rooms, seminar rooms, shops, band and chorus stations, physical education stations and other areas which accommodate direct student instruction; also includes general use areas such as libraries, instructional materials centers, locker and shower rooms, team rooms, instructors’ offices, multi-purpose rooms, cafeterias—including kitchen and storage, auditoriums—including stage, health and first-aid rooms, and faculty rooms; administrative office suites—including conference rooms—are also included; service areas, such as general storage, toilet rooms, custodian rooms, maintenance areas, utilities areas are not included; circulation areas such as hallways and stairways are not included. Usable acreage—Acreage which has or which can reasonably be prepared to have slopes and gradients which will accommodate the educational, structural, operational, aesthetic and community purposes for which a school site is acquired.

The provisions of this § 349.1 amended November 3, 1978, effective March 10, 1979, 9 Pa.B. 775. Immediately preceding text appears at serial page (38630).

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.2 Substantiated need.

(a) Options. An applicant school district shall submit a review of the building program options it considered, including an analytical justification for the selected option.

(b) Enrollment projections. Enrollment projections shall be calculated in a manner approved by the Department and shall extend for at least 11 years and to a year divisible by five.

(c) Full-time student equivalent allowances. Full-time student equivalent allowances shall be as follows:

(1) Regular elementary and secondary students—1.00 FTE.

(2) Half-time kindergarten students—.50 FTE.

(3) Special Education students: Educable Mentally Retarded—2.00 FTE; Trainable Mentally Retarded Elementary—2.50 FTE; Trainable Mentally Retarded Secondary—2.00 FTE; Severely and Profoundly Retarded—3.50 FTE; Socially and Emotionally Disturbed—2.50 FTE; Brain Injured—2.50 FTE; Learning Disabled—2.50 FTE; Physically Handicapped—2.50 FTE; Hearing Impaired, Speech and Language Impaired, and Visually Handicapped equivalents shall be negotiable and based upon program characteristics; if a Resource Room, for itinerant or part-time, or both, programs, such as Gifted, is to be included, an additional 1.00 FTE may be allotted for each 25 students in regular project enrollment—to a maximum of 25 FTE.

(4) Vocational-technical students while in home school—.60 FTE.

(5) Maximum allowances for vocational-technical shop/laboratory stations. Maximum allowances for vocational-technical shop/laboratory stations, in half-time student terms, shall be:

(i) Agriculture. Agricultural Production—44 at 1.08 FTE, Agricultural Supplies—44 at .60 FTE, Agricultural Mechanics—44 at 1.08 FTE, Agricultural Products—44 at .60 FTE, Agricultural Resources—44 at .60 FTE, Forestry—44 at 1.08 FTE, Horticulture—44 at .90 FTE, Floriculture—44 at .90 FTE—Agricultural Technology—44 at .90 FTE.

(ii) Business Education. Accounting—40 at .48 FTE, Business Data Processing—40 at .60 FTE, Clerical—40 at .60 FTE, Stenographic/Secretarial—40 at .72 FTE.

(iii) Distributive Education. Distributive Education—40 at .60 FTE, Warehousing—40 at .90 FTE.

(iv) Health Occupations. Dental Assistant—40 at .60 FTE, Dental Laboratory Technician—40 at .60 FTE, Health Assistant—40 at .60 FTE, Medical Assistant—40 at .60 FTE, Medical Laboratory Assistant—40 at .60 FTE, Practical Nursing (Postsecondary)—40 at .90 FTE, Home Health Management Assistant—40 at .60 FTE, Nurses Aide/Nursing Assistant—40 at .60 FTE.

(v) Home Economics. Care and Guidance of Children—40 at .72 FTE, Clothing Management, Production and Service—40 at .60 FTE, Food Management, Production and Service—40 at .60 FTE. Dining Room Practice—15 at .60 FTE, Home Furnishing, Equipment and Service—40 at .60 FTE, Institutional and Home Management—40 at .60 FTE.

(vi) Technical and Industrial. Aircraft Maintenance—40 at 1.08 FTE, Air Conditioning and Refrigeration—40 at .60 FTE, Architectural Technology—44 at .48 FTE, Appliance Repair—40 at .60 FTE, Automotive Body and Fender—40 at 1.08 FTE, Automotive Mechanics—40 at 1.08 FTE, Audio-Visual Communications—40 at .60 FTE, Building Construction Occupation—40 at .90 FTE, Building Trades Maintenance—40 at .72 FTE, Business Machine Maintenance—40 at .48 FTE, Cabinetmaking and Millwork—40 at .90 FTE, Carpentry—40 at .90 FTE, Chemical Technology—40 at .48 FTE, Civil Technology—44 at .48 FTE, Commercial Art—44 at .48 FTE, Commercial Photography—44 at .48 FTE, Cosmetology—40 at .90 FTE, Diesel Mechanic—40 at 1.08 FTE. Drafting, Occupations and Technology—44 at .48 FTE, Dressmaking—40 at .48 FTE, Electricity Construction and/or Maintenance—40 at .90 FTE, Electrical Technology—44 at .72 FTE, Electronics Technology—44 at .48 FTE, Fabric Maintenance Service—40 at .72 FTE, Foundry—40 at .90 FTE, Graphic Arts—44 at .72 FTE, Heating—40 at .72 FTE, Industrial Electrician—40 at .72 FTE, Industrial Maintenance Mechanic—40 at .72 FTE, Instruments Maintenance and Repair—40 at .48 FTE, Instrumentation Technology—44 at .48 FTE, Interior Decorating—40 at .72 FTE, Machine Shop—40 at .90 FTE, Masonry/Bricklaying—40 at .90 FTE, Mechanical Production Technology—44 at .48 FTE, Metal Fabrication—40 at .90 FTE, Metallurgical Technology—44 at .48 FTE, Painting and Decorating—40 at .72 FTE, Patternmaking—40 at .72 FTE, Plastics—40 at .60 FTE, Plumbing—40 at .72 FTE, Quantity Food Occupations—40 at .60 FTE, Radio and Television—40 at .48 FTE, Scientific Data Processing—40 at .60 FTE, Sheet Metal—40 at .60 FTE, Shoe Manufacturing and Repair—40 at .48 FTE, Small Engine Repair—40 at .60 FTE, Tailoring—40 at .48 FTE, Textile Production and Fabrication—40 at .60 FTE, Tool and Die Technology—40 at .90 FTE, Upholstering—40 at .60 FTE, Waiters and Waitresses—15 at .60 FTE, Welding—40 at .72 FTE. In all instances, the maximum student allowance for large two teacher station shop/laboratories shall be 1.75 times the allowance for a single station. Student allowance for any shop/laboratory shall be related to proposed size and shall be approved as a part of program approval by the Department.

(6) District administration. If district administration offices are to be included in the project, an allowance of 1.2 FTE secondary students may be assigned for each position justified for housing therein.

(7) Natatorium. If a district-wide natatorium is included in the project, the maximum allowance shall be 31 FTE secondary students.

(d) Nonresident students. Justified enrollment for a project may include Special Education students from other schools and other school districts, provided that evidence of both need and program planning are submitted by the applicant school district. Justified enrollment may, with specific Department of Education approval, include other nonresident students.

(e) Vocational-technical need. Department approval of an educational program for a new vocational-technical school or for a vocation-technical addition to an existing school, shall be considered by the Division of Physical Plant and Construction as substantiation of the need for the school or addition.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.3 Building educational specifications.

(a) Planning. The introductory statements for educational specifications shall explain the consistency between the submission and the goals, objectives, and activities set forth in the district’s approved long range educational plan.

(b) Vocational-technical schools. Educational specifications for a vocational-technical school facility shall be approved by the Bureau of Vocational, Technical and Continuing Education, prior to their submission for approval by the Division of Physical Plant and Construction.

(c) Special education facilities. Unless otherwise provided by an approved Special Education Plan, each building project shall make appropriate allowances for Special Education facilities.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.4 Space relationships.

Vocational-technical schools. Approval of space relationship plans for a vocational-technical facility by the Bureau of Vocational, Technical and Continuing Education shall be a prerequisite for such approvals by the Division of Physical Plant and Construction.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.5 Building space allocation.

(a) Elementary schools. The amount of space included in the schedule of space allocations for an elementary school shall approximate 58 square feet for each student in approved full-time equivalent project enrollment.

(b) Secondary schools. The amount of space included in the schedule of space allocations for a secondary school shall approximate 78 square feet for each student in approved full-time equivalent project enrollment.

(c) Exceptions. Any departure of 10% or more from the established expectancy levels for the scheduled area of a project shall require justification and approval from the Department.

(d) Adjustments to approved project enrollment. The Department will make proportionate deduction adjustments in approved enrollment for any departure from expectancy levels for scheduled space which does not receive its approval.

(e) Special Education space. Space allocated for Special Education purposes may be converted to other uses after approval for such conversion has been granted by the Secretary of Education.

(f) Vocational-technical space. The amount of space required for voca- tional-technical shop facilities shall be determined in conjunction with program approval by the Bureau of Vocational, Technical and Continuing Education. Prior to their opening and occupancy, new or additional vocational-technical facilities and equipment shall be inspected by the Department. Their readiness for occupancy and their eligibility for State and Federal vocational education program reimbursement shall be determined following the inspection.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.6 Building design.

(a) Design tolerances. Any design ratio of architectural space to scheduled space which exceeds 1.58 to 1.0 shall require approval from the Department.

(b) Capacity adjustment. The Department will make proportionate adjustments to project capacity for architectural space ratio excesses which do not receive its approval.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.7 Approval of sites.

(a) Approvable size. Usable acreage as follows shall be considered optimum: elementary schools—10 acres; schools for middle grades—20 acres, schools for high school grades—35 acres; and part-time vocational-technical schools—15 acres.

(1) In general, maximum approvable site sizes shall be the stated optimum, plus one acre for each 100 full-time equivalent students in projected enrollment.

(2) Minimum approvable site sizes shall consider factors related to land availability, proximate shared use land, and other reasonable considerations.

(b) Reimbursable size. The Department will be flexible in its determination of the reimbursable acreage within an approved school site. The projected school educational program shall be a principal determinant.

(c) Recreation area. Maximum approvable reimbursable site size may make allowance for cooperative community recreation programs.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.8 Site analysis.

Advisory committee. When further information upon a site, or alternate sites is deemed necessary by the Department, the Secretary of Education may require the submission of a report from a locally appointed advisory committee. Membership on such committee shall be from among architects, engineers, landscapers, realtors, and other appropriate professionals.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.9 Advanced acquisition of sites.

When the acquisition of an approved site is at least five years, but less than ten years in advance of long range plan projected need, reimbursement may be paid in the year of acquisition. Such reimbursement shall be subject to conditions established at and provisions in force at the time of approval.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.10 Project cost constraints.

(a) Method of calculation. The Department will formulate, publish, and make available to applicant school districts, procedures which will permit local determination of compliance with cost constraints established by the regulations of the State Board of Education.

(b) Exceptions. District requests that cost constraint exceptions be approved shall be submitted in writing and shall include justification. Exceptions must be granted prior to Department approval of any project cost estimates.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.11 Aggregate building expenditure standard; Act 34 of 1973.

(a) Rated pupil capacity. For the purpose of computing the aggregate building expenditure standard of a project, the rated pupil capacity shall be determined on the basis of the method used by the Department for school building reimbursement purposes during the school year 1971-1972.

(b) 1971-1972 method. Rated pupil capacity shall be determined in accordance with the following formulae:

(1) Elementary building. The rated pupil capacity for an elementary building equals the sum of the capacity points for classrooms, special education, kindergarten, in accordance with the following chart:

(2) Secondary building. The rated pupil capacity for a secondary building equals 85% of the sum of the capacity points of all teaching stations in accordance with the following chart:

(3) Addition to building. The rated pupil capacity of a substantial addition shall bear the same ratio to the total project capacity calculated in paragraphs (1) or (2), or both, of this subsection as the area of the addition bears to the area of the total completed project.

(4) Other considerations. Other considerations shall be as follows:

(i) Where District Central Administration facilities are included in a project, the rated capacity shall be increased by 1.3 times the number of positions to be housed in the facility. The student equivalent thus derived shall be counted at the high school (10, 11, 12) cost limit.

(ii) A natatorium is to be counted as a physical education station.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.12 Public hearings on school projects; district.

(a) Adoption of costs. The board of directors shall adopt a maximum project cost and a maximum building construction cost prior to the scheduling of a hearing:

(b) Notice. Notice of the hearing shall be published at least 20 days in advance of the hearing in accordance with section 106 of the Public School Code of 1949 (24 P. S. § 1-106). The notice shall include:

(1) the date, the time, and location of the hearing;

(2) the type of facility to be constructed;

(3) the maximum project cost;

(4) the maximum building construction cost;

(5) the availability of a description of the project;

(6) the manner by which a resident may gain agenda time or submit written testimony, or both; and

(7) such other information as is deemed necessary by the board.

(c) Nature The board hearing shall be in the nature of a legislative hearing to receive public comment and shall not be considered an adjudication within the meaning of the Local Agency Law (53 P.S. § § 11301—11311).

(d) New hearing. If, as a result of the hearing, the board decides to modify the size or design of a project, a new hearing shall not be required unless the changes are based on a different use for the project, for example, elementary to middle school. Nothing in this section shall prevent the board from holding additional hearings if it so desires.

(e) Second hearing. If, in accordance with the mandates of sections 701.1, 731, 733, and 735 of the Public School Code of 1949 (24 P. S. § § 7-701.1, 7-731, 7-733 and 7-735), a second public hearing is required because the building construction cost upon receipt of bids exceeds by 8.0% or more the estimated costs first submitted to the Department, that hearing shall be properly published in accordance with section 106 of the Public School Code of 1949 (24 P. S. § 1-106). Nothing in this subsection shall be construed as preventing the board from advertising such hearing prior to receipt of bids and convening a hearing regardless of the status of the project building construction cost based upon bids.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.13 Information required.

(a) Description. The board of directors shall cause to be prepared, and made available for the public, at least 20 days prior to the public hearing, a description of the project. The description shall be mailed to the news media in sufficient time for release not later than 14 days prior to the hearing. The description shall include material concerning the need for the project, any alternatives considered, any special features of the project, the direct and indirect costs of the project—including a cost analysis of the four alternative methods for financing the direct costs, and the anticipated effect of the direct and indirect costs of the project upon the tax base.

(b) Minutes or transcript. The board of directors shall cause to be prepared and forward to the Department either minutes or a transcript of the locally convened hearing. A proof of proper advertisement of the meeting shall also be submitted.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.14 Department hearings.

(a) Nature. A Department convened hearing shall be in the nature of a legislative hearing to receive public comment and shall not be considered an adjudication within the meaning of the Local Agency Law (53 P. S. § § 11301—11311).

(b) Purpose. The purpose of a Department convened Act 34 hearing shall be to gather information from a variety of local sources in order to promote thoroughness in the deliberations which precede a final decision concerning approval of a project. A statement of that purpose will be contained in each Department press release, and will introduce each hearing.

(c) Initiation. When a thorough investigation of project submissions or citizen complaints, or both, indicates that information submitted at a Department convened hearing could make a significant contribution to the quality of Department deliberations prior to project approval, such hearing will be convened. In no instance shall such hearing be convened prior to Department receipt of properly processed estimated project costs.

(d) Hearing notice. Approximately 20 days, but not less than 14 days prior to the date of a hearing, the Department will cause legal notification to be published in the appropriate legal journal and/or in at least one newspaper with general circulation in the school district, or in both. The legal notice shall contain:

(1) the date, time, and location of the hearing;

(2) the purpose;

(3) the agenda topics;

(4) the time and place of availability of brief Board position statements upon the agenda topics;

(5) the method by which a citizen may gain placement upon the agenda; and

(6) the conditions for submission of testimony without agenda placement.

(e) Agenda topics. Testimony shall be heard separately upon

(1) the need for the project;

(2) project costs;

(3) related program operation costs;

(4) cost projections; and

(5) more issues.

(f) Hearing officer. Each Department convened hearing shall be under the direction of and chaired by an impartial Hearing Officer.

(g) Report. Following review of all submitted testimony and review of any reports of investigations conducted by request to the Department, the Hearing Officer shall submit a full and complete report. The report shall include the recommendations or opinions of the Hearing Officer. A copy of the report shall be forwarded to the applicant school district. Copies shall be made available, for the cost of duplication, to other interested parties.

(h) Department review. Appropriate Department personnel will be assigned to review the testimony and the report of the Hearing Officer. Reactions will be submitted to the Office of the Director of the Bureau of Educational Administration and Management Support Services. If any noncompliance with laws and regulations is determined, project approval will be appropriately withheld, withdrawn, or denied.

(i) Supplemental report. The Office of the Director of the Bureau of Educational Administration and Management Support Services shall determine if any supplement to the report of the Hearing Officer should be forwarded by the Department to the applicant school district.

(j) Effect upon approval. Those aspects of the report, its recommendations, or its opinions which do not concern violation of laws or regulations, will not affect the approvability of the subject project.

(k) Board action. It shall be the responsibility of the board of the applicant district to study the Hearing Officer’s report and any supplement very closely in order to determine if reconsideration should be accorded the project or any part thereof, and, having concluded its study of the report, the board shall inform the Department in writing of its official actions concerning the report.

(l) Further project approvals. No further processing approvals will be granted by the Department until it has received the report of the official action by the board of the applicant district to the Hearing Officer’s Report and any Department supplement.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.15 Approval of preliminary plans.

Any inconsistency among educational space relationship diagrams, technical schematics, space allocations, and preliminary plans shall be resolved prior to Department approval of preliminary plans.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.16 Construction codes and guidelines.

(a) Conformance. School Building projects shall conform to one or more of the following construction codes or professional guidelines, or portions thereof in accordance with § 21.72 (relating to construction codes).

(b) Additions. A school district may submit, and the Department will evaluate, written justification of a request to have a particular construction code or professional guideline added to the approved list. The Department will have the authority to establish and enforce guidelines for safety factors not covered by the codes or professional guidelines listed in subsection (a) of this section.

(c) Energy Council. Subject to the provisions of the Public School Code of 1949 (24 P. S. § § 1-101—27-2702), for purposes of Department review and approval, minimum construction standards recommended by the Governor’s Energy Council shall take precedence over the codes and guidelines listed in subsection (a) of this section. Information is available from:

Commonwealth of Pennsylvania Governor’s Office Energy Council P.O. Box 1323 Harrisburg PA 17120

The provisions of this § 349.16 amended November 3, 1978, effective March 10, 1979, 9 Pa.B. 775. Immediately preceding text appears at serial (38641).

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.17 Project cost estimates.

(a) Submission. The Department will develop, maintain, and make available methods and procedures through which a local district may prepare and submit cost estimates.

(b) Format consistency. The format for cost estimate submissions shall be consistent with formats for bid cost submissions, final cost submissions in conjunction with audit, project accounting procedures, and related accounting procedures. It shall recognize the necessity to calculate reimbursable costs and cost estimates.

(c) Data required. The format for cost estimate submissions shall permit identification of such fiscal data as is necessary to permit local calculations of mandated and regulatory cost limits and Department evaluation of the calculations.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.18 Final approval of plans.

(a) Microfilm. Following approval of final plans and bid specifications, an applicant district shall submit two microfilm copies each of the approved construction plans, and the approved bid specifications. The Department will not approve bid costs until such copies have been received.

(b) Changes during construction. Following approval of final plans, further approval by the Department of any plans modification shall be required when such modification:

(1) requires the approval of another state agency.

(2) involves any change in the allocation of space; or

(3) could have some effect upon the health and welfare of the scheduled occupants.

(c) Nonreimbursable projects. Department approval of plans or specifications, or both, for any nonreimbursable project being processed under the terms and conditions of section 731 of the Public School Code of 1949 (24 P. S. § 7-731) is a prerequisite for the award of any contract related to the project.

(d) Emergency projects. The Department may exercise discretion concerning the review of plans and specifications for projects which qualify as emergencies in accordance with section 751 of the Public School Code of 1949 (24 P. S. § 7-751). If required, plans and specifications may be submitted to Department consideration prior to local board resolution, but no contract shall be awarded prior to their approval.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.19 Final approval of bid specifications and bids.

(a) Formats. Department approval shall require bid proposal formats which support such cost breakdowns as are requisite to the several constraint, appraisal, and reimbursement calculations.

(b) Contracts. Department approval of proposed contract awards following receipt and analysis of bids shall be a condition for reimbursement thereon.

(c) Contracts for emergency projects. When a school district seeks and the Department grants emergency status for a project in accordance with section 751 of the Public School Code of 1949 (24 P. S. § 7-751), solicited quotations for the required construction or installation and a proposed contract award may be forwarded to Department consideration prior to local board resolution. In no instance shall a contract be awarded prior to Department approval.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.20 Approval of bond issues; amortization payments.

(a) Method. Department approval of project financing methods and amortization schedules shall be a condition for project reimbursement.

(b) Other agencies. An applicant district shall acquire approvals, related to project financing, which are required by other state agencies as a condition for Department approval of project financing.

(c) Refunding of bond issues. When, in its judgment, the refunding of school district bond issues is in the best interest of the Commonwealth or the school district, or both, and consistent with the purposes of the Local Government Unit Debt Act (53 P. S. § § 6780-1—6780-608) (reenacted, amended, and revised by the act of April 28, 1978 (P. L. 124, No. 52)), the Department will approve and adjust to such refundings; provided that the Commonwealth will share, in appropriate proportion, any savings realized by the refunding; and under no circumstances will the Commonwealth’s remaining fiscal commitment be increased because of an approved refunding. Any bond fund accumulations for any issues which are to be included in a refunding bond issue must be used to reduce the total amount of the refunding issue.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.21 Approval of final costs.

(a) Audit required. Final project costs shall not be approved until after submission to and audit of project financial records by the Department.

(b) Subsidy reduction. The Department will withhold a proportion of the estimated annual or semiannual building amortization subsidy until project financial records are properly submitted, audited, and approved. Following project audit, a final subsidy factor shall be determined and appropriate retroactive adjustments authorized.

(c) Changes following bid cost approval. Any change which affects the approved cost of a project or any accounting line item within the approved cost shall be authorized by board action upon a Change Order or a Supplemental Contract. Necessary accounting adjustments shall be properly supported by copies of the Change Order or Supplemental Contract document.

(d) Format. The Department will establish, maintain, and distribute an approved Change Order/Supplemental Contract form.

(e) Extension of contracts; procedure. A board may, following recorded advice from its solicitor concerning advertising or solicitation of bids, exercise discretion concerning the solicitation of sealed quotations or the extension of an existing contract to authorize a Change Order expenditure. Reference should be made to Hibbs v. Arensberg, 276 Pa. 24 (1923).

(f) Supplemental contract. When a proposed change is sufficiently large, or varies from the original plan to such an extent that it can reasonably be considered to be a separate undertaking it shall be processed as a supplemental contract and subject to bid solicitation procedures.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.22 Use of surplus funds—approval.

(a) Disposition. Unless specific authorization to the contrary is granted by the Department, all unused contingency funds, interest earnings, and other construction fund accumulations must be used to reduce the amount of the bond issue or other payments against which the Commonwealth grants reimbursement.

(b) Exception. When a trust agreement so permits, the Department may, prior to final project audit, grant permission for the use of unexpended project contingency funds for items originally approved and bid but ultimately excluded because of expected insufficiency of funds.

(c) Compensatory adjustment. When a trust agreement so permits, the Department may, prior to final project audit, grant permission for the use of unexpended project funds for other lawful purposes. When such use is approved by the Department, it will apply a compensatory reimbursable percentage reduction.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.23 Site reimbursement considerations.

(a) Acquisition. Calculations of the reimbursable cost of an approved school site shall consider appraisals of land value, the proportion of the area which will be usable following development, the anticipated costs of preparation for development, and related continuing costs. Costs of acquisition shall include the usual related legal costs and filing fees.

(b) Rough grading. Determination of the extent of reimbursable rough grading which is necessary to permit proper placement of building upon a site shall consider the necessity for access and egress and the necessity for proximate outdoor areas to accommodate instructional activities.

(c) Sewage treatment. Determination of the reimbursable costs of sewage facilities shall consider the requirements of appropriate State and local agencies and construction cost indices or averages.

(d) Site development. Reimbursable site development costs shall be within mandated project maximums, and shall be limited to paving for reasonable vehicular and pedestrian access and egress, necessary parking, approved instructional areas, and lighting for the immediate building perimeter.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.24 Building and equipment reimbursement considerations.

(a) Rated pupil capacity. For reimbursement purposes, the rated pupil capacity of a project shall be the product of the justified enrollment of the project and the rated pupil capacity factor of the project.

(1) Justified enrollment. This is the Department approved full-time equivalent project enrollment, calculated in accordance with § 349.2(c) of this title (relating to substantiated need). The maximum project allowance for regular elementary or secondary, or both, students shall be determined by a complete analysis of approved district enrollment projections and a complete analysis of the condition and capacities of the school facilities to be retained by the district following project completion. The justified enrollment for an addition to a school shall be the total of the justified enrollment of the existing facility and the addition multiplied by the percent that the architectural area of the addition constitutes of the architectural area of the completed project.

(2) Rated pupil capacity factor. This factor accounts for the necessary noninstructional space and space utilization conditions in school projects. Applicable factors shall be, in the instance of:

(i) elementary schools with justified enrollment of 500 or less—1.4;

(ii) elementary schools with justified enrollment above 500—the dif- ference between 1.4 and the product of .00106 for every five students of justified enrollment above 500;

(iii) secondary schools with justified enrollments of 1,000 or less—1.110; and

(iv) secondary schools with justified enrollments above 1,000—1.105.

(b) Value of existing facilities. The value of existing facilities shall be determined following receipt of bids for a project but prior to Department approval of proposed bid awards.

(c) Existing value; determination. Existing value shall be determined as follows:

(1) determine the total square footage of the existing building with such modifications as may be approved by the Department;

(2) determine the ratio of the existing square footage to the total area of the proposed school facility when it is completed;

(3) multiply the rated pupil capacity of the completed facility by the ratio determined in paragraph (1) of this subsection to determine the proportionate rated pupil capacity of the existing building;

(4) multiply the rated capacity of the existing building as determined in subsection (a)(2) of this section by $2300 for elementary school pupils, $3000 for secondary school pupils, or $3700 for area-technical school pupils; and

(5) from the product thus derived, subtract the cost of alterations submitted to and subsequently approved by the Department following receipt of final bids for the project.

(d) School renovation projects. Renovation of a school building to achieve current educational standards and reasonably current construction standards shall be reimbursable. The Department will maintain guidelines which differentiate between educational renovation and deferred maintenance or structural alteration.

(e) Equipment. The cost of equipment shall fall within mandated reimbursable cost limits. To qualify for reimbursement consideration, an item shall be classified as equipment—either directly, or by class—in ‘‘Financial Accounting: Classifications and Standard Terminology for Local and State School Systems,’’ published for the United States Office of Education.

The provisions of this § 349.24 amended November 3, 1978, effective March 10, 1979, 9 Pa.B. 775. Immediately preceding text appears at serial page (38646).

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.25 Amortization payment claims.

(a) Forms distribution. The Department will prepare and distribute proper forms for district reimbursement claims against annual or semiannual amortization payments from school district funds.

(b) Submission of receipts. The Department will establish a format for amortization payment receipts from the trustee to the school district which receipts must be submitted by the school district along with any reimbursement request.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.26 Closing out amortization payments.

(a) Time. When sufficient balances exist in the various fund accounts of an authority, trustee, or depository to redeem outstanding bonds of a bond issue or sinking fund charges and to pay all other expenses related to closing out the project, rental payments or sinking fund payments by the school district shall cease.

(b) Amount. The final district rental or sinking fund payment shall be no more than the amount required to meet the closing obligations, after application of all the fund balances—including interest earned on accrued balances.

(c) Reimbursable limit. A district’s request for reimbursement for this final payment shall be limited to the actual differential payment made from current school district funds. If the amount contributed by the school district for trustee or administrative expenses over the years has exceeded the actual expenses, the trustee may certify the account surplus as direct payment from the district, and it shall qualify for reimbursement.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.27 Fund position statement.

For projects financed through a municipal authority, a school district shall require a Fund Position Statement from the authority and the trustee. Such Fund Position Statement shall be submitted for Department consideration at the same time as is the reimbursement claim which most closely approximates two years prior to the anticipated date for retirement of the last outstanding bond.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.28 Closing of school buildings.

(a) Notification. Any school district which closes a school building to ed- ucational use shall notify the Department prior to such closing. The notification shall include the reason or reasons for such closing and shall describe how the closing contributes to the orderly development of attendance areas.

(b) Approval. When Department approval is a prerequisite for the closing of a school building, such approval will be based upon its conformance to a long-range attendance area plan.

(c) Reimbursement. When a school district closes a school building upon which it is receiving school building reimbursement, the Department may—upon receipt of justification—authorize the continuation of reimbursement payments thereon. In the absence of such Department authorization, reimbursement shall cease following the amortization payment which next falls due. Should the building be reopened for use as a public school, reimbursement shall be reinstated for amortization payments which fall due following such reopening.

This section cited in 22 Pa. Code § 349.30 (relating to sale or lease of school buildings).

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.29 Building use by other agencies or groups.

Each school district shall establish rules, regulations, and policies concerning the use of school buildings by other agencies or groups. If fees are to be charged, such rules, regulations, or policies shall contain a fee schedule.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.30 Sale or lease of school buildings.

(a) Replaced buildings. The proceeds from the sale or lease of any school building or buildings which are replaced by a reimbursable school building project shall be placed into a bond redemption fund or otherwise used to reduce the reimbursable amortization of the new project.

(b) Lease for public school purposes. Any closed school building which is leased by a school district to another entity for a public school program or programs shall not be subject to reimbursement cancellation as indicated in § 349.28(c) (relating to closing of school buildings). The proceeds of such lease shall be used to reduce any reimbursable amortization of the building.

(c) Lease for other purposes. Any lease for a building which has been closed to public school use, but which has been approved for continuing reimbursement by the Department, must receive preapproval from the Department. The proceeds from any such approved lease shall be placed in a bond redemption fund, or otherwise used to reduce the reimbursable amortization of the building.

(d) Lease of portions of an operating facility. When a school district leases a portion of an operating public school facility upon which amortization reimbursement is being received, the gross rental receipts shall be placed with the trustee in a bond redemption fund. Such funds, plus interest earned thereon, must be identified and used to reduce the cumulative annual amortization cost of the bond issue.

(e) Lease amount. When a school district enters into a lease for any of its facilities, such lease shall differentiate between amounts of money being received in lieu of maintenance and operation expenses and amounts being received as rental receipts.

The provisions of this § 349.30 amended November 3, 1978, effective March 10, 1979, 9 Pa.B. 775. Immediately preceding text appears at serial page (38649).

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.31 Insurance recovery on school buildings.

The proceeds of any insurance recovery against any school building being replaced or repaired by a project shall be used to reduce the principal amount of the project costs to be amortized.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.32 Department guidelines to implement standards, regulations, laws.

(a) Development. The Department will develop, using appropriate advisory assistance, guidelines which will assist local school districts and their representatives in the interpretation and application of this chapter, Part I of this title (relating to State Board of Education), and the Public School Code of 1949 (24 P. S. § § 1-101—27-2702). The guidelines will be subject to a continuous process of development and revision.

(b) Nature. Guidelines will include, but not be limited to:

(1) recommended best practices related to educational, architectural, and engineering considerations;

(2) instructions for the completion of materials and forms,

(3) examples of required materials and calculations,

(4) listings of minimum requirements; and

(5) Department interpretations of laws and regulations.

(c) Scope. Guidelines shall be developed for those regulations, standards and laws which require clarification or may be clarified by Department interpretation; they shall cover all types of building projects which are processed by the Bureau of Educational Administration and Management Support Services.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.33 Secretary’s advisory committee.

(a) Purpose. The Secretary of Education will establish an advisory committee to advise upon School Building Standards, and upon the formulation and maintenance of guidelines for their implementation.

(b) Composition. Committee membership shall represent persons with appropriate technical expertise: architects, engineers, teachers, school administrators, school board members, medical practitioners and the general citizenry.

(c) Duties. The committee shall, in an annual report, advise upon standards and guidelines directly related to building cost/quality control. It shall, at least once each 3 years, review standards and guidelines; it shall report upon recommended changes and upon anticipated benefits which would accrue during the life cycle of school building facilities.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.
22 Pa. Code § 349.34 Use of facilities for emergency period.

(a) Authorization. The Department may, in instances of justified emergency, grant permission for the housing of educational programs in facilities which were not constructed for school use or, for other reasons, are less than desirable for educational program use.

(b) Evaluation. The Department will, by visit, review of plans or other manner, determine that the facility is suitable for temporary use for the indicated program.

(c) Duration. Permission to use temporary facilities may be approved for a period of 3 years, upon receipt of a statement of the district’s intent concerning a permanent solution to the problem. Annual extensions may be granted for just cause.

(d) Condition of approval. Department approval shall be effective only after an applicant district requests and gains clearance for occupancy from the Department of Labor and Industry and other agencies which have jurisdiction. It shall be the responsibility of the applicant district to maintain such clearances for the duration of the Department approved occupancy.

History

  • Authority: The provisions of this Chapter 349 issued under the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 349 adopted November 3, 1978, 8 Pa.

Chapter 351 Teacher Tenure Hearings

22 Pa. Code § 351.1 Purpose and scope.

(a) Appeals taken under section 1131 of the School Code (24 P. S. § 11-1131) shall be taken in accordance with the provisions of this chapter.

(b) In addition to the provisions set forth in this chapter, appeals will follow 1 Pa. Code Part II (relating to general rules of administrative practice and procedure); except that the following sections do not apply to these proceedings: § § 35.1, 35.2, 35.5, 35.6, 35.7, 35.9, 35.10, 35.11, 35.14, 35.18, 35.19, 35.20, 35.37, 35.101, 35.102, 35.103, 35.104, 35.105, 35.106, 35.190, 35.201, 35.202, 35.203, 35.204, 35.205, 35.206, 35.207, 35.211, 35.212, 35.213, 35.214, 35.221, 35.225 and 35.251.

The provisions of this § 351.1 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Agency—The Department. Appellant—A person who has appealed from an action of the board which governs the district where the person is employed. Board—A board of school directors, area vocational-technical school board of directors or intermediate unit board of directors. Department—The Department of Education of the Commonwealth. Employe—A professional employe of a school district, intermediate unit or area vocational-technical school. Hearing examiner—A person designated by the Secretary to act on his behalf at a teacher tenure hearing. Legal division—The legal division of the Department. School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). Secretary—The Secretary of Education of the Commonwealth. Teacher tenure hearing—A hearing before the Secretary conducted under section 1131 of the School Code (24 P. S. § 11-1131).

The provisions of this § 351.2 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.3 Petitions of appeal.

(a) Petitions of appeal filed with the Secretary under section 1131 of the School Code (24 P. S. § 11-1131) shall contain the following information:

(1) A statement of the jurisdiction of the Secretary of Education.

(2) A statement of relevant facts and the grounds for the appeal.

(3) A statement of the issues presented.

(4) The relief requested by the appellant.

(b) Petitions of appeal shall be filed with the Secretary within 30 days after receipt by registered mail of the written notice of the decision of the board or may be filed upon receipt of actual notice of the denial of a hearing.

The provisions of this § 351.3 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.4 Rules of practice and procedures for teacher tenure appeals filed with the Secretary.

(a) The legal division will set the day and time for the hearing and send a copy of the notice of hearing to all parties.

(b) Immediately upon receipt of the notice of the hearing, the secretary of the board shall forward to the Secretary the following:

(1) One copy of the transcript of the proceedings before the board concerning the appellant.

(2) Two copies of the statement of charges served upon the appellant.

(3) Two copies of relevant minutes and resolutions of the board concerning the appellant.

(4) Two copies of the appellant’s professional employe contract.

(5) Two copies of other documents the secretary of the board or the board itself deems relevant to this appeal which are part of the record as set forth in subsections (c)—(h).

(c) The secretary of the board will submit an explanation if any of the materials listed in subsection (b) are not available.

(d) A request for more specific pleadings may be made by the Secretary. Immediately upon receipt, the appellant shall answer the request and send two copies to the Secretary and one copy to the opposing counsel.

(e) Prehearing conferences may not be held unless, in the discretion of the hearing examiner, a conference is necessary to expedite the hearing.

(f) Opposing counsel are required to exchange all material pertinent to the appeal and submit this material to the Secretary prior to the hearing.

(g) The appellant shall open and close the argument unless otherwise directed by the hearing examiner.

(h) Where there has been a hearing before the Board prior to the hearing before the Secretary, argument will be limited to 30 minutes for each party.

The provisions of this § 351.4 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

This section cited in 22 Pa. Code § 351.5 (relating to appeals from denial of a hearing).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.5 Appeals from denial of a hearing.

(a) Where the board refuses to give an employe a hearing under sections 1151 or 1122 of the School Code (24 P. S. § § 11-1151 or 11-1122), the employe may appeal to the Secretary within 30 days after receipt by registered mail of the written notice of the decision of the board or may file upon receipt of actual written notice of the denial of a hearing, whichever comes first.

(b) The procedures prescribed in § 351.4(a)—(c) (relating to rules of practice and procedures for teacher tenure appeals filed with the Secretary) shall be followed for the hearings described in subsection (a).

(c) The hearings described in subsection (a) shall be held for the purpose of determining the nature of the action by the board and determining the professional employe status of the appellant.

(d) Argument shall be heard at the discretion of the hearing examiner.

The provisions of this § 351.5 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

Notice of Appeal

Complaint in Mandamus was properly dismissed by Court of Common Pleas since refusal of Board to hold hearing on demotion of professional employee is a ground for appeal to the Secretary of Education; transfer of the case to the Secretary of Education would have been ineffectual since the complaint had not been filed within the 30 day period provided for in 22 Pa. Code § 351.5(a). Black v. Board of Director of West Chester Area, 510 A.2d 912 (Pa. Cmwlth. 1986).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.6 Conduct of participants.

(a) It is the duty of the hearing examiner to conduct a fair and impartial hearing and to maintain order. Disregard by participants or counsel of rulings of the hearing examiner on matters of order and procedure shall be noted on the record, and, where the hearing examiner deems it necessary, shall be the subject of a special written report to the Secretary. In the event that participants or counsel should be guilty of disrespectful, disorderly, or contumacious language or conduct in connection with any hearing, the hearing examiner immediately may submit to the Secretary his report thereon, together with his recommendations, and, in his discretion, may suspend the individual for the duration of the hearing or suspend the hearing.

(b) The Department may deny, temporarily or permanently, the privilege of appearing or practicing before it in any way in a teacher tenure hearing to any person who is found by the Department after notice and opportunity for hearing in the matter:

(1) Not to possess the requisite qualifications to represent others.

(2) To have engaged in unethical conduct or conduct that has jeopardized the rights of a professional employe by failure to comply with this chapter.

The provisions of this § 351.6 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.7 Briefs.

(a) The original briefs shall contain:

(1) A summary of argument which is no longer than one page in length.

(2) The citation of any cases or statutes relied upon in the argument.

(3) A statement of the facts and issues of the case.

(4) References to the pages of the record or exhibits where evidence appears.

(5) Proposed findings of fact and conclusions of law with specific references to the pages of the transcript.

(b) The appellant’s brief shall be delivered to the Secretary and to the opposing counsel at least 10 days before the hearing.

(c) The board’s brief shall be delivered to the Secretary and to opposing counsel at least 5 days before the hearing.

(d) In all cases, the appellant may file a reply brief.

(e) The hearing examiner may request additional briefs to be submitted after the hearing and shall set a date for filing of those briefs.

(f) In the event that it is impossible to meet the briefing schedule set forth in this section because of the duty of the Secretary to schedule a hearing not sooner than 10 days nor more than 30 days after presentation of a petition, then either party may request a continuance.

The provisions of this § 351.7 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830; amended June 30, 1978, effective July 1, 1978, 8 Pa.B. 1754; amended August 25, 1978, effective August 26, 1978, 8 Pa.B. 2338. Immediately preceding text appears at serial pages (35180) and (35181).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.8 Testimony.

(a) Testimony shall be received and recorded at the hearing before the board. The hearing before the Secretary will be held for purpose of reviewing the legal questions involved. However, additional testimony may be taken at the discretion of the hearing examiner.

(b) Where there has been no prior hearing before the board, testimony may be taken subject to the discretion of the hearing examiner.

(c) If either party to a proceeding wishes to offer testimony, a notice of intent to offer testimony shall be delivered to the Secretary and to opposing counsel at least 14 days before the hearing. Included in the notice of intent shall be:

(1) The name and position of each person who is to offer testimony.

(2) An explanation of the purpose and scope of the testimony to be offered.

The provisions of this § 351.8 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830; amended August 25, 1978, effective August 26, 1978, 8 Pa.B. 830. Immediately preceding text appears at serial page (35181).

Discretion

Even if the petition had provided additional evidence to the secretary at least 14 days before the hearing, it was still within the secretary’s discretion to admit or refuse that evidence. Dohanic v. Department of Education, 533 A.2d 812 (Pa. Cmwlth. 1987); appeal denied 541 A.2d 1392 (Pa. 1988).

Where dismissed teacher’s notice of intent to offer additional testimony was delivered to the Secretary of Education only 10 days in advance of the scheduled hearing date and that notice gave no indication of the purpose or scope of the proposed testimony, the teacher had not complied with the provisions of 22 Pa. Code § 351.8(c) requiring delivery at least 14 days prior to the hearing and the Secretary did not abuse her discretion in refusing to accept the additional testimony. Keating v. Board of School Directors of the Riverside School District, 513 A.2d 547 (Pa. Cmwlth. 1986); appeal denied 522 A.2d 51 (Pa. 1987).

Verbal Notice

Petitioner’s allegation to the Secretary that he verbally informed the School Board of his refusal to consent to a change in positions, which appeared for the first time in Petitioner’s Brief opposing a Motion to Quash based on his failure to request a Board hearing, was not sufficient to meet the requirements of this section. Walsh v. Sto-Rox School District, 532 A.2d 547 (Pa. Cmwlth. 1987).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.9 Continuance.

(a) Hearings or appeals shall commence on the first day scheduled, and continuances may not be granted except for good cause shown. A hearing examiner may only grant a second continuance in extraordinary circumstances.

(b) Requests for a continuance shall be in writing and delivered to opposing counsel and the Secretary.

(c) The attorney requesting the continuance shall consult the opposing counsel to seek agreement to the request. The written request should then state whether the request is unopposed.

(d) Objections to a request for a continuance should also be made in writing to the Secretary.

The provisions of this § 351.9 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.10 Compliance.

In cases where a party violates the provisions of this chapter the hearing examiner may:

(1) Deny or dismiss the hearing depending on the degree of violation.

(2) Reach a disposition adverse to the dilatory party.

The provisions of this § 351.10 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.21 Rating form.

The following rating form has been promulgated under this chapter:

EMPLOYE DEFINITIONS* The term professional employe shall include those who are certificated as teachers, supervisors, principals, assistant principals, vice-principals, directors of vocational education, dental hygienist, visiting teachers, home and school visitors, school counselors, child nutrition program specialists, school nurses, school librarians and school secretaries, the selection of whom is on the basis of merit as determined by eligibility lists. The term temporary professional employe shall mean any individual who has been employed to perform for a limited time the duties of a newly created position or of a regular professional employe whose service has been terminated by death, resignation, suspension or removal. The term employe used only hereafter shall refer to both temporary professional and professional employes. RATING OF TEMPORARY PROFESSIONAL EMPLOYE** A temporary professional employe must be notified as to the quality of service at least twice a year. No such employe shall be dismissed unless rated as unsatisfactory and notified in writing of such unsatisfactory rating within 10 days after the unsatisfactory rating. A temporary professional employe whose work has been certified by the district superintendent or an intermediate unit executive director to the secretary of the school district, during the last four (4) months of the second year of such service, as being satisfactory shall thereafter be a professional employe within the meaning of this article. The attainment of this status shall be recorded in the records of the board and written notification thereof shall be sent also to the employe. The employe shall then be tendered forthwith a regular contract of employment as provided for professional employes.DESIGNATED RATER*** Rating shall be done by or under the supervision of the superintendent of schools or, if so directed by him/her, the same may be done by an assistant superintendent, a supervisor, or a principal, who has supervision over the work of the professional employe or temporary professional employe who is being rated. No unsatisfactory rating shall be valid unless approved by the district superintendent. MAINTENANCE OF RATING RECORDS**** It shall be the duty of the board of school directors to cause to be established a permanent record system containing ratings for each professional employe within the district and copies of all his/her ratings for the year shall be transmitted to the employe upon his/her request; or if any rating during the year is unsatisfactory copy of same shall be transmitted to the professional employe concerned. No . . . employe shall be dismissed unless such rating records have been kept on file by the board of school directors.

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.22 Additional standards for use of the DEBE-333.

(a) Standards for use of the DEBE-333 have been incorporated in the official rating card. Additional standards are stated in this section.

(b) Descriptors in each category of the DEBE-333 shall not be weighted.

(1) The rater shall not divide the total number of points in each category of personality, preparation, technique, and pupil reaction by the total number of descriptors in that category and assign a weight to each descriptor.

(2) The rater shall rate the employe in a category using the descriptors as guides; the rater shall not manipulate each descriptor and give it a standard weight or value.

(3) The rater does not have to react to all items as descriptors in each observation.

(c) Descriptors are not listed in the four categories in order of importance, but simply in alphabetical order.

(d) When a gross deficiency in a category is observed, the rater shall place a check in the block provided at the top right corner of that category.

(e) The total efficiency rating or number shall be registered in the space provided at the bottom of the front sheet of the DEBE-333.

(f) A school district may assign a numerical equivalent to satisfactory and to unsatisfactory and determine that only the difference between those two numbers equivalent to satisfactory and unsatisfactory constitutes a substantial difference.

(g) Rating of less than 20 in any category shall be substantiated by anecdotal records and discussed with the employe within 5 working days after the day of the final observation preceding the rating. The discussion may take place before or after the rating is approved by the superintendent. The 5-day limitation may be extended only because of emergency or extenuating circumstances.

(h) A temporary professional and a professional employe shall be given the opportunity to sign his rating form.

(i) If the employe refuses to sign in the space provided, the refusal shall be recorded and dated. The employe shall be notified in writing of this notation within 10 days.

The provisions of this § 351.22 adopted August 24, 1979, effective August 25, 1979, 9 Pa.B. 2884; corrected November 26, 1982, effective February 16, 1980, 12 Pa.B. 4055.

Numerical Scores

The failure to use numerical scores as contemplated by the regulations which created the DEBE-333 form has no effect upon a rating of a teacher as unsatisfactory, since this section requires only that unsatisfactory ratings be approved and signed by the district superintendent or intermediate unit director and be supported by anecdotal records, and not that the unsatisfactory ratings contain numerical scores. Hamburg v. North Penn School District, 484 A.2d 867 (Pa. Cmwlth. 1984).

Unsatisfactory Ratings

Although this section discusses how ratings should be completed it does not deal specifically with unsatisfactory ratings. School District of Philadelphia v. Kushner, 530 A.2d 541 (Pa. Cmwlth. 1987); appeal dismissed 552 A.2d 667 (Pa. 1989).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.23 Alternative rating form.

(a) Each board of school directors may adopt an alternative rating form and submit the same to the Department for approval by May 30 of the year preceding the school term in which the form is to be used; however, for the 1979-80 school year, the form shall be submitted by October 30, 1979 if it is to be valid after January 1, 1980.

(b) The alternative rating form shall conform to the standards set forth in § § 351.24—351.28 (relating to general rating using alternative forms; suspensions; unsatisfactory rating; plan for alternative rating system; and procedure for approval of alternative rating form).

(c) Previously approved forms shall be valid until January 1, 1980, provided that ratings are conducted in conformance with § 351.24(a)—(d).

The provisions of this § 351.23 adopted August 24, 1979, effective August 25, 1979, 9 Pa.B. 2884; corrected November 26, 1982, effective February 16, 1980, 12 Pa.B. 4055.

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.24 General rating using alternative forms.

(a) When an alternative form has been approved by the Department, the rater shall use the alternative form for every official rating of temporary professional or professional employes.

(b) Professional employes shall be rated a minimum of once each year.

(c) Temporary professional employes shall be rated once each semester for a minimum of two ratings each year.

(d) Rating shall be substantiated by anecdotal records and discussed with the employe within 5 working days after the final observation preceding the rating. The discussion may take place before or after the rating is approved by the superintendent. The 5-day limitation may be extended only because of emergency or extenuating circumstances.

(e) A temporary professional and professional employe shall be given the opportunity to sign his rating form.

(f) If the employe refuses to sign in the space provided, the refusal shall be recorded and dated. The employe shall be notified in writing of this notation within 10 days.

(g) The alternative rating form shall be restricted to the consideration of four major categories: personality, preparation, technique and pupil reaction.

(h) The alternative rating form need not require numbers or a numerical rating.

The provisions of this § 351.24 adopted August 24, 1979, effective August 25, 1979, 9 Pa.B. 2884; corrected November 26, 1982, effective February 16, 1980, 12 Pa.B. 4055.

This section cited in 22 Pa. Code § 351.23 (relating to alternative rating form).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.25 Suspensions.

(a) Seniority shall only be weighted in the rating when the number of employes within the district are reduced and a substantial difference in performance rating exists among those under consideration.

(b) What constitutes a substantial difference in rating of those under consideration shall be determined by local policy.

(c) Seniority shall be weighted as determined by local policy. The local district shall not eliminate seniority as a weighting factor.

The provisions of this § 351.25 adopted August 24, 1979, effective August 25, 1979, 9 Pa.B. 2884; corrected November 26, 1982, effective February 16, 1980, 12 Pa.B. 4055.

This section cited in 22 Pa. Code § 351.23 (relating to alternative rating form).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.26 Unsatisfactory rating.

(a) Two consecutive unsatisfactory ratings of a professional employe shall be necessary to dismiss on the grounds of incompetency. This requirement insures that dismissal is not based on the first instance of unsatisfactory performance but that dismissal follows notice and an opportunity for the professional employe to improve.

(b) The intermediate unit director or district superintendent shall approve and sign the rating form when an unsatisfactory rating is recorded.

(c) Whenever an unsatisfactory rating is given, it shall be supported by anecdotal records. The records shall include specific evidence likely to be important in the event of dismissal.

The provisions of this § 351.26 adopted August 24, 1979, effective August 25, 1979, 9 Pa.B. 2884; corrected November 26, 1982, effective February 16, 1980, 12 Pa.B. 4055.

Anecdotal Records

The arbitrator’s award denying discharged teacher’s grievance concluding that observation by district superintendent of teacher prior to her termination was impossible due to teacher’s failure to work the remainder of school year because of illness was upheld as the award drew its essence from the Collective Bargaining Agreement. The Court determined that the basis of the arbitrator’s award represented a reasonable interpretation of the labor agreement between the parties. Shapiro v. School District of Philadelphia, 637 A.2d 718 (Pa. Cmwlth. 1994).

The Board need not formally introduce supporting anecdotal records of an unsatisfactory rating upon which the dismissal of a temporary professional employe was based as long as the person who rated the temporary employe testifies and explains the rating process. Phillis v. Board of School Directors of Mechanicsburg Area School District, 617 A.2d 830 (Pa. Cmwlth. 1992); appeal denied 634 A.2d 226 (Pa. 1993).

Commonwealth Court has construed this regulation to require that unsatisfactory ratings be approved and signed by the district superintendent or intermediate unit director and that the rating be supported by anecdotal records. The ratings need not contain numerical scores citing Hamburg v. North Penn School District, 484 A.2d 867, 869 (1984). School District of Philadelphia v. Kushner, 530 A.2d 541 (Pa. Cmwlth. 1987); appeal dismissed 552 A.2d 667 (Pa. 1989).

The failure to use numerical scores as contemplated by the regulations which created the DEBE-333 form has no effect upon a rating of a teacher as unsatisfactory, since this section requires only that unsatisfactory ratings be approved and signed by the district superintendent or intermediate unit director and be supported by anecdotal records, and not that the unsatisfactory ratings contain numerical scores. Hamburg v. North Penn School District, 484 A.2d 867 (Pa. Cmwlth. 1984).

This section cited in 22 Pa. Code § 351.23 (relating to alternative rating form).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.27 Plan for alternative rating system.

(a) Each submitted plan shall include the following elements:

(1) Statement of the objectives of the alternative rating system.

(2) Description of the procedures used to develop the rating form. This shall include dates and groups involved.

(3) Documentation from the chief school administrator explaining the involvement in the development of the alternative rating form of those professional employes who are to be evaluated.

(4) Description of the procedures for appealing the rating.

(5) Description of the process by which the rating form will be used to improve professional employes’ performance.

(b) Professional employes shall be given the opportunity to submit documentation to the Department explaining their involvement in the development of the alternative rating form.

(c) An alternative rating form adopted by the board of school directors shall become effective when approved by the Secretary.

The provisions of this § 351.27 adopted August 24, 1979, effective August 25, 1979, 9 Pa.B. 2884; corrected November 26, 1982, effective February 16, 1980, 12 Pa.B. 4055.

This section cited in 22 Pa. Code § 351.23 (relating to alternative rating form).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.
22 Pa. Code § 351.28 Procedure for approval of alternative rating form.

(a) After approval by the board of school directors, the chief school administrator or intermediate unit executive director shall submit the proposed rating form to the Department.

(b) Two copies of the rating form shall be submitted to the Department at least 60 days prior to the tentative adoption date.

(c) The chief school administrator or intermediate unit executive director shall be notified of the Department’s decision in writing within 60 days of receipt of the form by the Department. Failure to receive notice of approval or disapproval within 60 days constitutes an approval.

(d) The rating form adopted by the board of school directors or intermediate unit board of directors and approved by the Secretary of Education shall become an integral part of the written policies of the board and shall be made available to all temporary professional/professional employes covered by the rating form.

The provisions of this § 351.28 adopted August 24, 1979, effective August 25, 1979, 9 Pa.B. 2884; corrected November 26, 1980, effective February 16, 1980, 12 Pa.B. 4055.

This section cited in 22 Pa. Code § 351.23 (relating to alternative rating form).

History

  • Authority: The provisions of this Chapter 351 issued under section 35 of the Administrative Agency Law (71 P.
  • Source: The provisions of this Chapter 351 adopted March 31, 1978, effective April 1, 1978, 8 Pa.

Chapter 354 Preparation of Professional Educators

22 Pa. Code § 354.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Academic discipline—A defined field of formal study at an institution of higher learning. Act—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). Advanced preparation program—A program at the post-baccalaureate level for those who already have completed an initial preparation program. Candidates in advanced preparation programs pursue additional areas of certification or supervisory, administrative, educational specialist certification or letter of eligibility. Applicant—An individual seeking admission to a program for the initial or advanced preparation of professional educators. Board—The State Board of Education of the Commonwealth. Candidate—An individual who is enrolled in a program for the initial or advanced preparation of professional educators. Department—The Department of Education of the Commonwealth. Field experiences—Off-campus activities that provide candidates with opportunities for practical application of theoretical constructs and concepts developed in coursework, under the supervision and direction of college faculty, prior to student teaching, internship or clinical experiences. The activities include: observing, tutoring, miniteaching, lesson planning and evaluating student performance, and may take place in public or nonpublic schools or community organizations. General studies—Coursework in the arts, language and literature, history, mathematics, philosophy, the sciences and the social sciences. Initial preparation program—A program at the baccalaureate or postbaccalaureate level that prepares candidates for their first certification as a professional educator. Preparing institution—A college or university that offers a program approved by the Department to prepare professional personnel for employment in the public schools in accordance with Chapter 49 (relating to certification of professional personnel). Professional educator—An individual who holds Pennsylvania certification issued in accordance with Chapter 49. Professional educator courses—Courses of study of theoretical and practical knowledge in the following:

(i) Humanistic and behavioral foundations of education, structure, function and purpose of educational institutions in our society.

(ii) Methods and materials of instruction appropriate to the elementary or secondary level, or both.

(iii) Directed practice of performing in educational positions under institutional supervision in the category for which a certificate is granted. Professional educator program specific guidelines—Department-defined competencies and course content for specific professional educator certification programs under § 49.14 (relating to approval of institutions). Standard error of measurement—The standard deviation of errors of measurement that is associated with the test scores for a specified group of test takers.

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.2 Purpose.

(a) Preparing institutions shall have professional educator preparation programs to ensure that candidates for professional educator certification master both the content and methodology of their discipline and meet the standards for academic performance as defined in § 354.24 (relating to academic performance) and professional educator curriculum as defined in § 354.25 (relating to preparation program curriculum) and that candidates are supported in their achievement of the learning principles under § 354.33 (relating to professional competency).

(b) In the interest of the students in public schools in this Commonwealth, preparing institutions shall maintain the highest standards of academic excellence to receive and maintain Department approval to conduct programs leading to Commonwealth public school certification.

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.11 Minimum requirements for approval.

To be authorized to conduct preparation programs in this Commonwealth, a preparing institution and any of its off-campus centers engaged in the preparation of professional educators shall meet the following requirements:

(1) Be approved as a baccalaureate or graduate degree granting institution by the Department under § 31.52 (relating to accreditation).

(2) Be evaluated and approved by the Department to offer specific programs leading to professional educator certification under § 49.14 (relating to approval of institutions), in accordance with the general standards contained in this chapter and the professional educator program specific guidelines established by the Department.

This section cited in 22 Pa. Code § 354.12 (relating to program approval).

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.12 Program approval.

(a) Prior to approving a preparing institution, the Department will conduct an evaluation to ensure the requirements in this chapter are met. The Department may review approved preparation programs at any time. Regular evaluations of approved programs will be conducted at 5-year intervals under § 49.13 (relating to policies).

(b) The Department will approve new programs and proposed changes to existing programs consistent with § 49.14 (relating to approval of institutions), general standards contained in this chapter, and professional educator program specific guidelines.

(c) Evaluation teams will be appointed by the Department under § 49.13 and consist of professional educators from basic education and appropriate personnel from institutions of higher education. Evaluation teams shall make recommendations to the Department regarding the approval or disapproval of programs.

(d) The Department will deny or approve programs based upon the professional educator program specific guidelines.

(e) The Department may deny or withdraw approval from preparing institutions for failure to meet the requirements in § 354.11 (relating to minimum requirements for approval).

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.13 Standards.

The following standards shall be used to evaluate institutions seeking initial approval or maintaining approval to prepare professional educators for Pennsylvania public school certification:

(1) Category I—Program Design.

(2) Category II—Applicants and Candidates.

(3) Category III—Faculty.

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.21 Mission.

The professional educator program shall have a clearly articulated mission statement that is based on the needs of professional educator candidates, public school entities and students. The evidence required to satisfy that this standard is met includes:

(1) The mission statement is cooperatively developed by faculty, candidates and other members of the professional community and documented under this section.

(2) The professional educator program demonstrates coherence between the mission statement, academic standards as found in Chapter 4 (relating to academic standards and assessment), professional educator courses, field expe riences, instruction, evaluation, required candidate competencies, learning principles defined in § 354.33 (relating to professional competency), skill dimensions defined in § 354.32 (relating to monitoring and assessment), and is in compliance with this chapter.

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.22 Preparing institution reporting.

(a) The preparing institution shall submit annually to the Department a systematic evaluation which includes information obtained through the following sources:

(1) Candidate assessment as defined in section 207(f)(1)(A) of the Higher Education Act of 1965 (20 U.S.C.A. § 1027(f)(1)(A)).

(2) Collection of data from candidates as defined in 20 U.S.C.A. § 1027(f)(1)(B).

(b) The preparing institution shall demonstrate that the result of the systematic evaluation of the professional educator program, as specified in subsection (a), is utilized to enhance candidate achievement through the modification and improvement of the preparing institution’s overall professional educator program.

(c) The preparing institution shall biennially compile and make available to applicants, candidates, the Department and the Board information concerning its recent graduates. this information shall be collected no sooner than 6 months following the candidate’s graduation and shall include the following:

(1) Number of recent graduates employed in instructional, educational specialist, supervisory and administration positions in this Commonwealth.

(2) Number of recent graduates employed in instructional, educational specialist, supervisory and administration positions in locations outside this Commonwealth.

(3) Number of recent graduates employed in education-related positions in this Commonwealth.

(4) Number of recent graduates employed in education-related positions in locations outside this Commonwealth.

(5) Number of recent graduates employed in non-education related positions in this Commonwealth.

(6) Number of recent graduates employed in noneducation related positions in locations outside this Commonwealth.

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.23 Academic preparation.

(a) The preparing institution shall have a procedure to document that applicants for admission to initial and advanced preparation programs which culminate in a bachelor’s degree or higher have met the requirements for academic preparation and academic performance prior to admission into a professional education program.

(b) Academic preparation shall include the following:

(1) At least 6 semester hour credits (or the equivalent) in college level mathematics.

(2) At least 6 semester hour credits (or the equivalent) in college level English composition and literature.

This section cited in 22 Pa. Code § 354.24 (relating to academic performance); and 22 Pa. Code § 354.31 (relating to admission).

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.24 Academic performance.

The preparing institution shall have a procedure to confirm that professional educator candidates maintain academic performance in each academic discipline that the candidates plan to teach or in the academic discipline related to the certificate category in which they plan to serve and in the professional educator courses related to the certificate category the candidates intend to earn. This standard shall be met by the following criteria:

(1) Candidates whose initial preparation program culminates in a bachelor’s degree or higher shall maintain an overall minimum grade point average (GPA) of 3.0 in each certificate area the candidates plan to teach or in the certificate category in which the candidates plans to serve, to be phased in as follows:

(i) Academic Year: 2001-2002—2.6 GPA

(ii) Academic Year: 2002-2003—2.8 GPA

(iii) Academic Year: 2003-2004—3.0 GPA

(2) For initial preparation programs culminating in a bachelor’s degree or higher, academic preparation courses under § 354.23 (relating to academic preparation) shall be the same as for a bachelor of arts or bachelor of science degree.

(3) For initial preparation programs culminating in a bachelor’s degree or higher, academic content area courses for the preparation of professional educators shall include all required core courses and required elective courses in the bachelor of arts or bachelor of science major academic area the candidates intend to teach or in the noninstructional certificate category the candidates plan to serve. Free electives in the bachelor of arts and bachelor of science major and credits in the cognate areas shall be optional.

(4) For initial preparation programs culminating in a bachelor’s degree or higher, candidates for certification in more than one certificate area or certificate category shall meet the requirements in paragraph (3) in the major area and for each additional area that candidates plan to serve.

(5) For initial preparation programs conducted under § 49.91 (relating to intern certificates) candidates for certification shall meet the requirements of this section and § 354.23 (relating to academic preparation).

This section cited in 22 Pa. Code § 354.2 (relating to purpose); 22 Pa. Code § 354.31 (relating to admission); and 22 Pa. Code § 403.4 (relating to highly qualified teachers).

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.25 Preparation program curriculum.

(a) The preparation program shall be designed to ensure that candidates acquire and learn to apply the professional and pedagogical knowledge, defined in § 354.33 (relating to professional competency), and skill dimensions identified in § 354.32 (relating to monitoring and assessment). The evidence required to demonstrate that this standard is met includes the following:

(1) The preparation program design shall be consistent with the preparing institution’s mission, and reflect knowledge derived from research and sound professional practice.

(2) The preparing institution shall ensure that the preparation program curriculum does not include unnecessary duplication of coursework and strives to create efficient professional educator preparation.

(3) The preparing institution shall ensure that candidates complete a well planned sequence of professional educator courses and field experiences to develop an understanding of the structure, skills, core concepts, facts, methods of inquiry and application of technology related to each academic discipline the candidates plan to teach or in the academic disciplines related to the noninstructional certificate categories in which they plan to serve.

(4) For initial programs culminating in a bachelor’s degree, the professional educator program shall cooperate with the liberal arts and other academic disciplines of the college or university to create preparation programs that allow candidates to complete the degree and the initial preparation program within 4 years from the time of initial enrollment at the college or university.

(5) For initial programs culminating in an advanced degree, the professional educator program shall cooperate with the liberal arts and other academic disciplines of the college or university to create preparation programs that allow candidates to complete the advanced degree and the initial preparation program within 5 years from the time of initial enrollment at the college or university.

(6) For initial programs conducted under § 49.91 (relating to intern certificates), the preparing institution shall cooperate with the liberal arts and other academic disciplines of the college or university to create preparation programs that allow candidates to complete the intern program under § 49.92 (relating to validity).

(b) The preparation program shall be designed to enable candidates to integrate general and academic coursework, with professional and pedagogical coursework to teach, guide and assist public school students in achieving the academic standards under Chapter 4 (relating to academic standards and assessments). Candidates shall complete a sequence of courses and experiences in:

(1) Professional studies in which they acquire and learn to apply knowledge about the impact of technology in teaching and learning.

(2) Pedagogical studies that help develop understanding and use of technology in education, including the use of computers, the internet, distance learning technologies, and other emerging technologies in instruction, assessment and professional productivity.

(c) The preparation program shall be designed to ensure that candidates become competent professional educators. The evidence that this standard is met includes the following:

(1) Programs for the continuing preparation of professional educators build upon and extend prior knowledge and experiences of candidates including core studies of learning and practices that support learning.

(2) Professional educator program specific guidelines, the learning principles defined in § 354.33 and Chapter 4 are used in developing programs in each certificate area.

(3) Programs are designed to ensure candidates research information, use research methods, and acquire knowledge about issues and trends in public education.

(d) The professional educator program shall have sequential field experiences that may begin as early as the initial semester of college enrollment, prior to student teaching, internships, and clinical experiences, which provide candidates with opportunity to:

(1) Apply principles and theories from the program design to actual practice in classrooms and schools.

(2) Study and practice in a variety of communities, with students of different ages, and with culturally diverse and exceptional populations.

(e) Field experiences shall:

(1) Include frequent observation and consultation with cooperating teachers and school administrators fluent in the institution’s education philosophy.

(2) Be fully supported by the preparing institution’s faculty.

(3) Be an integrated part of the professional education curriculum and shall be consistent with the overall program design.

(4) Encourage reflection by candidates.

(5) Include evaluation and feedback from higher education faculty, public or nonpublic school faculty, and peers.

(f) The preparation program shall be designed to provide a minimum 12 week full-time student teaching experience under the supervision of:

(1) Program faculty with knowledge and experience in the area of certification.

(2) Cooperating teachers trained by the preparation program faculty and who have the following:

(i) The appropriate professional educator certification.

(ii) At least 3 years of satisfactory certificated teaching experience.

(iii) At least 1 year of certificated teaching experience in the school entity where the student teacher is placed.

This section cited in 22 Pa. Code § 354.31 (relating to admission).

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.26 Collaborative programs.

(a) The preparing institution shall collaborate with higher education faculty, public school personnel, and other members of the professional education community to design, deliver, and facilitate effective programs for the preparation of professional educators and to improve the quality of education in schools. The evidence that this standard is met includes the following:

(1) Professional educator faculty and faculty from liberal arts and other academic disciplines regularly collaborate in program planning and evaluation of all facets of the curriculum.

(2) The preparing institution develops agreements with public and nonpublic schools and cooperating professional educators to ensure:

(i) Student teaching, internships and other field experiences are collaboratively designed and implemented.

(ii) Candidates are supported in their achievement of the learning principles as defined in § 354.33 (relating to professional competence).

(iii) Cooperating professional educators involved in student teaching, internships, and clinical experiences are trained by the preparing institution to assist, guide, and evaluate the performance of student teachers and individuals who are serving in a clinical experience or internship.

(b) The preparing institution shall develop collaborative relationships, programs, and projects with public and nonpublic schools, to develop and refine knowledge bases, to consult, and to conduct research to improve the quality of education.

(c) The preparing institution shall provide ongoing support to novice educators in partnership with public schools during their induction period, including observation, consultation and assistance.

(d) The preparing institution shall cooperate with public and nonpublic schools in the development and implementation of alternative certification programs.

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.31 Admission.

The preparing institution shall recruit and admit applicants who demonstrate potential for professional success in public schools. The evidence that this standard is met includes:

(1) A comprehensive system to assess the qualifications of applicants seeking admission.

(2) An applicant who intends to enter a preparation program that culminates in a bachelor’s degree may not be formally admitted to an initial professional educator preparation program before completion of 48 semester credit hours or the full-time equivalent of college level study.

(3) The applicant criteria for admission to a teacher preparation program are based on multiple sources of data, which include:

(i) An assessment of academic preparation under § 354.23 (relating to academic preparation).

(ii) An assessment of academic performance under paragraph (4).

(iii) Faculty recommendations.

(4) The preparing institution shall ensure that applicants admitted to an initial preparation program culminating in a bachelor’s degree or higher shall complete prior college or university coursework, with a minimum grade point average (GPA) as follows:

(i) Academic Year: 2001-2002—2.6 GPA

(ii) Academic Year: 2002-2003—2.8 GPA

(iii) Academic Year: 2003-2004—3.0 GPA

(5) As an alternative to the 3.0 GPA admissions standard under paragraph (4), a preparing institution may admit applicants if they have achieved a 2.8 GPA and qualifying scores on the Praxis I, preprofessional skills tests as determined by the Secretary and approved by the Board, or either of the following:

(i) A 2.8 GPA and a combined score of 1050 on the Scholastic Aptitude Test (SAT), with no score lower than 500 on either the verbal or mathematics subtests.

(ii) A 2.8 GPA and a score of no less than 23 on the English subtest and 20 on the Mathematics subtest of the American College Testing Program Assessment (ACT).

(6) The criteria for admission to advanced preparation programs shall include at least the following:

(i) An assessment of academic performance—including the Miller Analogy Test (MAT) or the Graduate Record Exam (GRE).

(ii) An overall minimum GPA of 3.0.

(iii) Faculty and professional recommendations.

(iv) Record of competence and effectiveness in professional work.

(v) Graduation from a regionally accredited college or university.

(7) The preparing institution may accept up to 10% of the applicants for admission to the professional educator program who do not meet overall minimum GPA requirements in paragraph (4) or alternative admission criteria under paragraph (5). The criteria for admission of applicants specified in this paragraph shall be developed and documented by the preparing institution and must include the requirements in § 49.12 (relating to eligibility).

(8) When the institutional pass rate on the professional knowledge and content assessments, as defined in § 49.18 (relating to assessment) is 90% or higher for a given testing year, the requirements of paragraph (4) shall be reduced to a GPA entry requirement determined by the preparing institution and approved by the Department for the subsequent academic year.

(9) The preparing institution shall develop admission procedures for postbaccalaureate initial and advanced professional educator preparation programs to document the following:

(i) Applicants have attained depth and breadth in both general and academic studies under § § 354.23—354.25 (relating to academic preparation; academic performance; and preparation program curriculum).

(ii) Incentives and affirmative procedures attract applicants with high academic and other qualifications.

(iii) Admission decisions are monitored by the preparing institution to ensure that the admissions criteria are applied.

(iv) The preparing institution seeks to recruit, admit and retain a diverse student body.

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.32 Monitoring and assessment.

(a) The preparing institution shall have a program that systematically monitors and assesses the progress of candidates and confirms that they receive academic and professional counseling and advice from the time of admission through completion of their professional education program. The evidence that this standard is met includes the following:

(1) The progress of candidates at different stages of the program shall be monitored through performance-based assessments, which shall stipulate the level of competence required to ensure success in the following skill dimensions:

(i) Content mastery.

(ii) Planning.

(iii) Classroom management.

(iv) Organization.

(v) Monitoring student progress.

(vi) Leadership.

(vii) Sensitivity to students’ needs.

(viii) Problem analysis.

(ix) Strategic and tactical decision making.

(x) Oral and written communication and presentation.

(xi) Professional standards and practice.

(xii) Mastery of instructional technology.

(2) Assessment of candidates’ progress shall be based on multiple data sources that include the following:

(i) Grade point average.

(ii) Observations of field experience, student teaching, internship and clinical experience performance.

(iii) Candidates’ use of various instructional strategies and technologies.

(iv) Faculty recommendations.

(v) Demonstrated competence in academic and professional educator coursework—for example, portfolios, performance assessments, research and concept papers.

(vi) Recommendations from cooperating professional educators involved in student teaching, internships and clinical experiences.

(b) Assessment data, as defined in subsection (a)(2), shall be used to advise candidates in future career planning.

(c) Criteria consistent with the purpose and mission of the professional educator program shall be used to determine eligibility for student teaching, internships and clinical experiences.

(d) The preparing institution shall, through publications and faculty advisement, provide candidates with clear information about institutional policies and requirements for:

(1) Completing their professional education programs.

(2) Satisfying certification requirements under Chapter 49 (relating to certification of professional personnel).

(3) Exploring job opportunities.

This section cited in 22 Pa. Code § 354.21 (relating to mission); and 22 Pa. Code § 354.25 (relating to preparation program curriculum).

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.33 Professional competency.

The preparing institution shall have a procedure to confirm that a candidate’s competency to begin the candidate’s professional role in schools is assessed prior to completion of the program and recommendation for professional educator certification. The evidence that this standard is met includes:

(1) The preparing institution shall have a published set of criteria and competencies for exit from each professional education program, which are based on Chapter 4 (relating to academic standards and assessment) and professional educator program specific guidelines, and the following learning principles for each certificate category:

(i) Instructional.

(A) The teacher understands the central concepts, tools of inquiry, and structures of the discipline the teacher teaches and can create learning experiences that make these aspects of subject matter meaningful for all students.

(B) The teacher understands how all children learn and develop, and can provide learning opportunities that support their intellectual, social, career and personal development.

(C) The teacher understands how students differ in their ability and approaches to learning and creates opportunities that foster achievement of diverse learners in the inclusive classroom.

(D) The teacher understands and uses a variety of instructional strategies, including interdisciplinary learning experiences, to encourage students’ development of critical thinking, problem solving and performance skills.

(E) The teacher uses an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning and self-motivation.

(F) The teacher uses knowledge of effective verbal, nonverbal and media communication techniques supported by appropriate technology to foster active inquiry, collaboration and supportive interaction in the classroom.

(G) The teacher plans instruction based upon knowledge of subject matter, students, the community and curriculum goals.

(H) The teacher understands and uses formal and informal assessment strategies to evaluate and ensure the continuous intellectual, social and physical development of the learner.

(I) The teacher thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship and actively seeks out opportunities to grow professionally.

(J) The teacher contributes to school effectiveness by collaborating with other professionals and parents, by using community resources, and by working as an advocate to improve opportunities for student learning.

(ii) Educational specialist.

(A) The educational specialist understands the central concepts, structures and delivery styles of the professional area in which the educational specialist practices and can foster learning experiences for all students.

(B) The educational specialist understands how all children learn and develop, and can contribute to the provision of learning opportunities that support their intellectual, social, career and personal development.

(C) The educational specialist understands how students differ in their ability and approaches to learning and creates opportunities that are adapted to diverse learners.

(D) The educational specialist understands and uses a variety of professional strategies to encourage students’ development of critical thinking, problem solving and performance skills.

(E) The educational specialist uses an understanding of individual and group motivation and behavior to create a learning environment that encourages positive social interaction, active engagement in learning and self-motivation.

(F) The educational specialist uses knowledge of effective verbal, nonverbal, and media communication techniques supported by appropriate technology to foster active inquiry, collaboration, and supportive interaction in and out of the classroom.

(G) The educational specialist plans professional services based upon knowledge of professional field, students, the community and curriculum goals.

(H) The educational specialist understands and uses formal and informal assessment strategies to evaluate and ensure the continuous intellectual, social and physical development of the learner.

(I) The educational specialist thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship and actively seeks out opportunities to grow professionally.

(J) The educational specialist contributes to school effectiveness by collaborating with other educators and parents, by using community resources, and by working as an advocate for change to improve opportunities for student learning.

(iii) Supervisory.

(A) The supervisor understands the central concepts of organizational leadership, tools of research and inquiry, and principles of teaching and learning that make supervision effective and efficient.

(B) The supervisor understands how all children learn and develop and configures resources to support the intellectual, social and personal growth of students.

(C) The supervisor knows and understands effective instructional strategies and encourages and facilitates employment of them by teachers.

(D) The supervisor uses an understanding of individual and group motivation to create a professional development environment that engages teachers to develop and apply effective instructional techniques for all students.

(E) The supervisor is an effective communicator with various school communities.

(F) The supervisor organizes resources and manages programs effectively.

(G) The supervisor understands and uses formative and summative assessment strategies to gauge effectiveness of people and programs on student learning.

(H) The supervisor understands the process of curriculum development, implementation and evaluation and uses this understanding to develop high quality curricula for student learning in collaboration with teachers, administrators, parents and community members.

(I) The supervisor possesses knowledge and skills in observation of instruction and conducting conferences with professional staff which are intended to improve their performance and enhance the quality of learning experiences for students.

(J) The supervisor thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship and actively seeks out opportunities to grow professionally.

(K) The supervisor contributes to school effectiveness by collaborating with other professionals and parents, by using community resources, and by working as an advocate to improve opportunities for student learning.

(iv) Administrative.

(A) The administrator demonstrates instructional leadership which provides purpose and direction for the achievement of all students.

(B) The administrator demonstrates the organizational skills to implement plans of action efficiently and effectively for student achievement.

(C) The administrator, in collaboration with students, faculty, staff and parents, creates a school climate that fosters student achievement.

(D) The administrator gathers information from and communicates effectively to students, faculty, parents, staff and the community to facilitate student achievement.

(E) The administrator understands the importance of a clear, detailed vision and an explicitly stated philosophy in shaping a coherent curriculum and in fostering an effective school.

(F) The administrator makes systematic use of data to assess the needs and accomplishments of students, faculty and staff.

(G) The administrator thinks systematically about practice, learns from experience, seeks the advice of others, draws upon educational research and scholarship, and actively seeks out opportunities to grow professionally.

(2) The preparing institution shall have a procedure to confirm that a candidates’ mastery of a program’s stated exit criteria and competencies is assessed through the use of multiple sources of data including: a culminating experience, portfolios, interviews and observed performances in public schools, standardized tests and course grades.

(3) Candidate assessment shall include input from prekindergarten through grade 12 professional educators engaged in collaborative efforts with the preparing institution in student teaching experiences, internship experiences, field experiences and clinical experiences.

(4) Candidates shall have demonstrated a mastery of integrating technology into the curriculum as established by the preparing institution, in addition to specific technology standards that are included in the program specific guidelines developed by the Department.

(5) The preparing institution shall ensure that candidates in initial programs culminating in a bachelor’s degree or higher complete the program with an overall minimum GPA of 3.0.

(6) As an alternative to the overall minimum GPA of 3.0, the preparing institution may recommend candidates for certification if they have achieved one of the following:

(i) An overall minimum GPA of 2.8 and have earned a score on the appropriate subject area assessment required under § 49.18 (relating to assessment) that is at least one standard error of measure above the established qualifying score for that assessment.

(ii) An overall minimum GPA of 2.8 and have an earned score on the appropriate professional knowledge assessment required under § 49.18 (relating to assessment) of at least one standard error of measure above the established qualifying score for that assessment.

(7) A percentage of candidates, as determined by the Secretary and the Board, shall obtain a satisfactory achievement level on Pennsylvania assessments required for certification under § 49.18.

(8) The Secretary will annually report to the Board the status of the supply and demand for professional educators for specific instructional or educational specialists areas for purposes of modifying GPA exit requirements defined in paragraph (5). The Secretary, with Board approval, will waive the GPA exit requirements when it can be demonstrated by the Department that applying these requirements will result in an insufficient supply of the number of certified professional educators to meet the demand for certified professional educators in a specific instructional or educational specialist area.

This section cited in 22 Pa. Code § 354.2 (relating to purpose); 22 Pa. Code § 354.21 (relating to mission); 22 Pa. Code § 354.25 (relating to preparation program curriculum); and 22 Pa. Code § 354.26 (relating to collaborative programs).

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.
22 Pa. Code § 354.41 Faculty quality.

(a) The preparing institution shall establish a procedure to confirm that the professional education faculty are education scholars who are qualified for their assignments and actively engaged in the professional education community.

(b) The preparing institution shall provide documentation to confirm efforts to recruit, hire and retain a diverse faculty.

(c) The preparing institution shall have a plan to confirm that there are systematic and comprehensive activities to enhance and assess the competence and intellectual vitality of the faculty.

(d) The preparing institution shall provide evidence that the faculty are knowledgeable, are practicing, and have training in and access to current practices related to the use of computers and technology, including education related electronic information, the Internet, video resources, computer hardware, software, distance learning technologies and related educational technologies and resources, and are able to integrate these practices into their teaching and scholarship.

(e) The preparing institution shall provide evidence that faculty who teach general and academic studies regularly collaborate in program planning and all facets of the professional educator curriculum.

History

  • Authority: The provisions of this Chapter 354 issued under sections 1109, 1141, 1201—1214, 2603-B and 2604-B of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 354 adopted October 6, 2000, effective October 7, 2000, 30 Pa.

Chapter 401 Fees

22 Pa. Code § 401.1 Certificate of Preliminary Education.

The fee for the evaluation of a request for a Certificate of Preliminary Education is $15. This fee is nonrefundable and will be charged regardless of whether the request results in the issuance of a Certificate of Preliminary Education.

History

  • Authority: The provisions of this Chapter 401 issued under act of April 2, 1925 (P.
  • Source: The provisions of this Chapter 401 adopted June 26, 1981, effective July 1, 1981, 11 Pa.
22 Pa. Code § 401.2 Basic fee for students at the State Colleges and University.

The basic fee for students attending the State Colleges and University is:

(1) Pennsylvania residents.

(i) Full-time students.

(A) Undergraduate. $740 per semester for 12 to 18 semester credit hours. $62 for each additional semester credit hour.

(B) Graduate. $740 per semester for nine to 15 semester credit hours. $82 for each additional semester credit hour.

(ii) Part-time students.

(A) Undergraduate. $62 per semester credit hour for less than 12 semester credit hours.

(B) Graduate. $82 per semester credit hour for less than nine semester credit hours.

(2) Out-of-State residents.

(i) Full-time students.

(A) Undergraduate. $1,295 per semester for 12 to 18 semester credit hours. $108 for each additional semester credit hour. During summer sessions, the basic fees for non-Pennsylvania resident undergraduate students shall be the same as those for Pennsylvania resident undergraduate students.

(B) Graduate. $740 per semester for nine to 15 semester credit hours. $82 for each additional semester credit hour.

(ii) Part-time students.

(A) Undergraduate. $108 per semester credit hour for less than 12 semester credit hours. During summer sessions, the basic fees for non-Pennsylvania resident undergraduate students shall be the same as those for Pennsylvania resident undergraduate students.

(B) Graduate. $82 per semester credit hour for less than nine semester credit hours.

The provisions of this § 401.2 issued under the Public School Code of 1949 (24 P. S. § 20-2008).

The provisions of this § 401.2 adopted February 26, 1982, effective March 1, 1982, 12 Pa.B. 836; amended August 6, 1982, effective August 9, 1982, 12 Pa.B. 2598. Immediately preceding text appears at serial page (69481).

History

  • Authority: The provisions of this Chapter 401 issued under act of April 2, 1925 (P.
  • Source: The provisions of this Chapter 401 adopted June 26, 1981, effective July 1, 1981, 11 Pa.

Chapter 403 Compliance With the No Child Left Behind Act of 2001

22 Pa. Code § 403.1 Purpose and scope.

This chapter describes the standards of the Department, approved by the State Board, that have been adopted under section 2603-B(d)(10) of the Public School Code (24 P. S. § 26-2603-B(d)(10)) to facilitate compliance by the Commonwealth with the requirements of the No Child Left Behind Act of 2001 (Pub. L. No. 107-110, 115 Stat. 1425).

History

  • Authority: The provisions of this Chapter 403 issued under section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 403 adopted December 13, 2002, effective December 14, 2002, 32 Pa.
22 Pa. Code § 403.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: AYP—Adequate yearly progress as defined by section 1111(b)(2)(C) of Title I (20 U.S.C.A. § 6311(b)(2)(C)), added by NCLB. Associate’s degree—Associate’s degree as described in § 31.21(b)(1) (relating to curricula). Core academic subjects—Core academic subjects as defined by section 9101(11) of the ESEA (20 U.S.C.A. § 7801(11) (relating to definitions)), as amended by the NCLB. Dangerous incident—A weapons possession incident resulting in arrest (guns, knives or other weapons) or a violent incident resulting in arrest (homicide, kidnapping, robbery, sexual offenses and assault) as reported on the Violence and Weapons Possession Report (PDE-360). Department—The Department of Education of the Commonwealth. ESEA—The Elementary and Secondary Education Act of 1965 (20 U.S.C.A. § § 6301—7941), as amended by the NCLB. Highly qualified elementary teacher—Highly qualified elementary teacher as defined by section 9101(23) of the ESEA (20 U.S.C.A. § 7801(23)), as amended by the NCLB. Highly qualified middle or secondary teacher—Highly qualified middle or secondary teacher as defined by section 9101(23) of the ESEA as amended by the NCLB. Institution of higher education—Institution of higher education as defined by section 9101(24) of the ESEA. LEA—A local educational agency. NCLB—The No Child Left Behind Act of 2001 (Pub. L. No. 107—110, 115 Stat. 1425) (20 U.S.C.A. § § 6053e, 6054b, 6055h, 6056a, 1041—1044, 3427 and 6052). PSSA—The Pennsylvania System of State Assessment. Persistently dangerous school—A public elementary, secondary or charter school that meets one of the following criteria in the most recent school year and in 1 additional year of the 2 years prior to the most recent school year:

(i) For a school whose enrollment is 250 or less, at least five dangerous incidents.

(ii) For a school whose enrollment is 251 to 1,000, a number of dangerous incidents that represents at least 2% of the school’s enrollment.

(iii) For a school whose enrollment is over 1,000, 20 or more dangerous incidents. Public School Code—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). Safe public school—A public school that has not been designated as a persistently dangerous school under this chapter or that has had that designation removed by the Department. State Board—The State Board of Education of the Commonwealth. Title I—Title I of the ESEA (20 U.S.C.A. § § 6301—6578), as amended by the NCLB. Two years of study at an institution of higher education—Completion of 48 credits at an institution of higher education. Victim or student victim—The student against whom a violent criminal offense has been perpetrated while the student was in or on the grounds of the public elementary or secondary school that the student attends. Violent criminal offense—Any of the following offenses that are set forth in 18 Pa.C.S. (relating to Crimes Code):

(i) Kidnapping.

(ii) Robbery.

(iii) Aggravated assault (on the student).

(iv) Rape.

(v) Involuntary deviate sexual intercourse.

(vi) Sexual assault.

(vii) Aggravated indecent assault.

(viii) Indecent assault.

(ix) Attempt to commit any of the following: homicide, murder or voluntary manslaughter.

The provisions of this § 403.2 amended December 27, 2002, effective December 28, 2002, 32 Pa.B. 6359; amended June 27, 2003, effective June 28, 2003, 33 Pa.B. 2980. Immediately preceding text appears at serial pages (295085) to (295086).

History

  • Authority: The provisions of this Chapter 403 issued under section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 403 adopted December 13, 2002, effective December 14, 2002, 32 Pa.
22 Pa. Code § 403.3 Single accountability system.

(a) Requirement of NCLB. Section 1111 of Title I, added by NCLB (20 U.S.C.A. § 6311), requires each state to develop and implement a single, statewide state accountability system that will be effective in ensuring that all LEAs, public elementary schools and public secondary schools make AYP as defined in section 1111(b)(2)(C) of Title I.

(b) Proficiency as a measure of student progress.

(1) As the starting point for calculating the AYP, the Department will use the proficient level of student performance, as adopted by the State Board on May 10, 2001. See 31 Pa.B. 2763 (May 26, 2001).

(2) Using data from the 2001-02 school year as the baseline, the Department will determine the number of students meeting or exceeding the proficient level of achievement on State assessments.

(c) Adequate yearly progress.

(1) The Department will calculate the AYP by using the ‘‘intermediate method’’ of calculation, involving ‘‘stepped goals.’’

(2) The Department will provide yearly targets to assist the LEAs in measuring progress within the intermediate method.

(3) The Department will use graduation rates as an additional indicator of the AYP for secondary schools and students.

(4) The Department will use child attendance rates as an additional indicator of the AYP for elementary schools and students.

(5) The Department will use 40 as the required number of students tested per building to form a group for the purposes of measuring the AYP of students with disabilities, limited English proficient students and students who are members of economically disadvantaged, major racial and ethnic groups.

(d) Assessments.

(1) Section 1111(b)(3)(A) of Title I specifically requires that, beginning no later than the 2005-06 school year, states must assess all students in grades three through eight against the challenging state academic content standards in, at a minimum, math and reading or language arts, or both. In addition, beginning in the 2007-08 school year, states must assess all students at least once in each of the intermediate, middle and high school levels against the challenging state academic content standards for science.

(i) To accomplish the mandates described in paragraph (1), the LEAs shall continue to use the PSSA to assess students in grades three, five, eight and eleven in reading and mathematics and to assess students at least once in each of the intermediate, middle and high school levels in writing.

(ii) The Department will supplement the PSSA with a single assessment for reading and mathematics that will be administered to students in each of grades four, six and seven.

(iii) The Value Added Assessment System shall be implemented as a component of the Commonwealth’s assessment system to provide the LEAs with analyses and reports to offer valuable information for focused program improvement to increase performance.

(2) Section 3121 of Title III of the ESEA, added by the NCLB (20 U.S.C.A. § 6841), requires that each state approve evaluation measures that are designed to assess the progress of children in attaining English proficiency, including a child’s level of comprehension, listening, speaking, reading and writing skills in English.

(i) To accomplish the mandates described in paragraph (2), the Commonwealth will serve as the leader in a consortium of states seeking to develop a language proficiency assessment that will meet the needs of the NCLB.

(ii) The Department may use the consortium’s assessment to evaluate the progress of students in attaining English proficiency, including a child’s level of comprehension, listening, reading and writing skills in English.

(iii) The Department will identify commercially developed language proficiency assessment that the LEAs shall administer.

The provisions of this § 403.3 amended June 4, 2004, effective retroactively to June 14, 2003, 34 Pa.B. 2975; amended June 25, 2004, effective June 26, 2004, 34 Pa.B. 3355. Immediately preceeding text appears at serial pages (304049) to (304050).

This section cited in 22 Pa. Code § 19.1a (relating to general provisions).

History

  • Authority: The provisions of this Chapter 403 issued under section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 403 adopted December 13, 2002, effective December 14, 2002, 32 Pa.
22 Pa. Code § 403.4 Highly qualified teachers.

(a) Requirements of NCLB. With the exception of teachers teaching in a public charter school who are exempt from certification under section 1724-A of the Public School Code of 1949 (Public School Code) (24 P. S. § 17-1724-A):

(1) Section 1119(a) of Title I (20 U.S.C.A. § 6319(a) (relating to teacher qualifications and measurable objectives)), added by the NCLB, requires LEAs receiving assistance under the NCLB to ensure that, beginning with the 2002-2003 school year, all newly hired teachers supported with Title I funds are highly qualified.

(2) Section 1119(a) of Title I, added by NCLB, requires each state to ensure that all teachers teaching in core academic subjects within the state are highly qualified by the end of the 2005-2006 school year.

(b) Current certification system.

(1) The Department may continue to utilize the intern certification program described in Chapters 49 and 354 (relating to certification of professional personnel; and preparation of professional educators), which culminates in the issuance of an Instructional I Certificate (see § § 49.91, 49.92 and 354.24(5) and (6) (relating to criteria for eligibility; term of validity; and academic performance)) to provide flexible and accelerated pedagogical training to teachers who have demonstrated competency in a subject area, provided that the first year of teaching includes intensive supervision by an approved institution.

(2) In accordance with Chapter 49, the student teaching semester is structured to include assessment of the pedagogical skills of teacher candidates.

(c) Additional certification avenues. Provided that at the time of application for Pennsylvania instructional certification, the applicant satisfies the basic certification requirements of the Public School Code (see 24 P. S. § § 11-1109, 12-1202 and 12-1209 (relating to qualifications; State certificates; and disqualifications)), and all other requirements in Chapters 49 and 354 which are not contrary to paragraphs (1)—(3):

(1) Teachers holding an Instructional certificate issued under the Public School Code (24 P. S. § § 1-101—14-1411) may add an instructional area to the certificate by passing an appropriate content area test in the area to be certified without meeting further academic and testing requirements.

(2) Candidates holding a valid and current instructional certificate issued by one of the states party to the Interstate Certification Agreement with Pennsylvania may be eligible for certification if they meet the requirements outlined in § 49.65 (relating to out-of-state and Nationally-certified applicants).

(3) Teachers successfully completing a National teacher-training program approved by the State Board that requires a candidate to demonstrate mastery of the subject area to be taught and professional knowledge needed for classroom effectiveness may be certified to teach in this Commonwealth without meeting further academic and testing requirements.

(i) To the extent that the approved National teacher-training program involves a classroom teaching component requiring certification, the Department may issue an intern certificate to the teacher for use during the program.

(ii) The American Board for Certification for Teacher Excellence and Teach for America were approved by the State Board by means of resolution on November 14, 2002. See 32 Pa.B. 6030 (December 7, 2002).

(iii) National teacher-training programs identified for State Board consideration after December 28, 2002, may be approved by State Board resolution without the need to amend this chapter.

(d) NCLB Bridge Certificates.

(1) Teachers holding a level I or II certificate issued prior to July 1, 2004, and who are employed in one of the following listed circumstances may be awarded an NCLB Bridge Certificate if qualified therefore under paragraph (4):

(i) Teaching in grades seven, eight or nine in a middle/junior high school.

(ii) Teaching in a Department-approved Alternative Education Program.

(iii) Teaching direct core academic content on the secondary level and possess either an English as a Second Language or Special Education certificate.

(2) NCLB Bridge Certificates will not be issued to applicants after July 1, 2005. The Secretary of Education may extend this deadline on an individual, case-by-case basis, when exceptional situations warrant.

(3) The NCLB Bridge Certificate is valid for 3 years or until an earlier time at which the individual is awarded an Instructional I Certificate under paragraph (5). The NCLB Bridge Certificate cannot be renewed.

(4) Qualification for issuance of an NCLB Bridge Certificate shall be based on an evaluation system developed by the Department. The evaluation system shall be used to determine whether the applicant is highly qualified in the academic discipline or disciplines in which the applicant is teaching using the following criteria:

(i) Satisfactory teaching experience in delivering instruction in the academic content area at the appropriate level.

(ii) Professional education activities credited under section 2603-B(d) of the Public School Code of 1949 (24 P. S. § 2603-B(d)) (Act 2003-48) in the direct academic content area in which the applicant teaches. This may include college credit, postsecondary degrees and approved continuing professional education hours.

(iii) College credits earned in the academic subject area in which the applicant teaches.

(iv) Academic scholarship in the academic content area in which the applicant teaches, including the following:

(A) Recognition as school district or State teacher-of-the year.

(B) Recipient of a State or National teaching award.

(C) Authorship of an article in a peer review journal.

(D) Authorship of a published textbook.

(E) Teaching a credit-based course at an approved postsecondary institution.

(v) Tutoring students in the academic content area in which the NCLB Bridge certificateholder seeks full certification in a satisfactory manner on a sustained basis in a structured, Department-approved tutoring program.

(5) An individual who holds an NCLB Bridge Certificate, awarded through the procedure outlined in paragraph (1), may be awarded an Instructional I Certificate based on evaluation of the applicant’s experience, professional education and related professional criteria while engaged in teaching under the NCLB Bridge Certificate. The evaluation shall include the following:

(i) Satisfactory teaching experience in delivering instruction in the content area or areas at the appropriate level since receipt of their NCLB Bridge Certificate.

(ii) Professional education activities credited under sections 1205.1 and 1205.2 of the Public School Code of 1929 (24 P. S. § § 12-1205.1 and 12-1205.2) in the direct content area or areas since receipt of their NCLB Bridge Certificate. This may include college credit, postsecondary degrees and approved continuing professional education hours directly in the content area or areas in which the applicant seeks certification.

(iii) College credits achieved in the academic subject area being taught or assessed.

(iv) Academic scholarship in the academic content area that one teaches including:

(A) School district or State teacher-of-the-year.

(B) Recipient of a State or National teaching award.

(C) Authorship of a published textbook in the content area.

(D) Authorship of an article within the academic field the individual instructs published in a peer review journal.

(E) Teaching the content area in a credit-based postsecondary institution.

(F) National board certification during the period in which the individual held the NCLB Bridge Certificate.

(6) The Department will develop and submit for the approval of the State Board the applicant evaluation and NCLB Bridge Certificateholder evaluation systems described in paragraphs (3) and (4) prior to November 1, 2004.

(7) Notwithstanding the timelines in paragraphs (1) and (2), teachers holding a level I or II certificate issued prior to July 1, 2005, and who are employed in one of the following circumstances may apply for an NCLB Bridge Certificate no later than July 30, 2006, if qualified therefore under paragraph (4):

(i) A teacher who is certified in and teaching special education.

(ii) A teacher who is only certified in elementary education and is teaching two or more subjects in grades seven, eight or nine in a middle/junior high school, provided that the following conditions are also met:

(A) The teacher is required to become highly qualified for the position held.

(B) If teaching Math or English, or both, the teacher uses the Bridge I process to become highly qualified in those areas.

The provisions of this § 403.4 adopted December 27, 2002, effective December 28, 2002, 32 Pa.B. 6359; amended June 25, 2004, effective June 26, 2004, 34 Pa.B. 3355 and 3358; amended July 1, 2005, effective July 2, 2005, 35 Pa.B. 3662. Immediately preceeding text appears at serial pages (304364) to (304367).

History

  • Authority: The provisions of this Chapter 403 issued under section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 403 adopted December 13, 2002, effective December 14, 2002, 32 Pa.
22 Pa. Code § 403.5 Paraprofessionals.

(a) Requirements of NCLB.

(1) Section 1119(f) of Title I (20 U.S.C.A. § 6319(f)) added by NCLB, requires that all Title I funded instructional paraprofessionals hired by an LEA to hold a high school diploma or GED.

(2) Section 1119(c) of Title I (20 U.S.C.A. § 6319(c)), added by NCLB, requires that all Title I funded instructional paraprofessionals hired by an LEA after January 8, 2002, to have one of the following:

(i) An associate’s degree.

(ii) Completed at least 2 years of study at an institution of higher education.

(iii) Met a rigorous standard of quality demonstrated through a state or local assessment.

(3) Section 1119(d) of Title I (20 U.S.C.A. § 6319(d)) requires that all Title I funded instructional paraprofessionals hired by an LEA prior to January 8, 2002, meet the requirements of paragraph (2) by January 8, 2006.

(b) Local assessments.

(1) To accomplish the mandates described in subsection (a)(2)(iii), LEAs may utilize a local assessment.

(2) The Department will develop a process for reviewing local assessments to determine that they satisfy the requirements of the NCLB.

The provisions of this § 403.5 adopted December 27, 2002, effective December 28, 2002, 32 Pa.B. 6359.

History

  • Authority: The provisions of this Chapter 403 issued under section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 403 adopted December 13, 2002, effective December 14, 2002, 32 Pa.
22 Pa. Code § 403.6 Unsafe school choice option.

(a) Requirement of the NCLB. The Department adopts these standards as required by the Unsafe School Choice Option provision of section 9532 of the NCLB (Section 9532) (20 U.S.C.A. § 7912).

(b) Definition. For purposes of this section, ‘‘local educational agency’’ or ‘‘LEA’’ means a school district, an area vocational-technical school, an intermediate unit or a charter school.

(c) Student opportunity to transfer.

(1) Victim of a violent criminal offense.

(i) Except as provided as follows, a student who becomes a victim of a violent criminal offense while in or on the grounds of the public elementary or secondary school that the student attends, shall be offered the opportunity to transfer to a safe public school within the LEA, including a charter school.

(ii) For a student victim to be entitled to transfer to another school under this chapter, the violent criminal offense first must be reported to law enforcement authorities by the student, the student’s parent or guardian, or school officials.

(iii) A student victim (or the student’s parent or guardian) may apply to the LEA to transfer to another school within 30 calendar days after the incident is reported to school authorities.

(2) Student who attends a persistently dangerous school.

(i) Except as provided as follows, a student who attends a persistently dangerous school shall be offered the opportunity to transfer to a safe public school within the LEA, including a charter school.

(ii) A student who attends a persistently dangerous school may apply to transfer at any time while the school maintains that designation.

(d) Responsibilities of LEAs.

(1) Toward victims of violent criminal offenses.

(i) Within 10 calendar days of receiving notice of the violent criminal offense, the LEA shall notify the student victim that the student has the right to transfer to a safe public elementary or secondary school within the LEA, including a public charter school.

(ii) The notification and offer to transfer shall state that no student is required to transfer to another school.

(iii) Upon receipt of an application to transfer, the LEA shall transfer the student as soon as possible, and shall transfer the student within 10 calendar days after receiving the application.

(iv) When considering a student’s request to transfer to another school, the LEA shall take into account the particular needs of the student and the parent.

(v) To the extent possible, the LEA shall allow the student to transfer to a school that is making adequate yearly progress, and one that is not identified as being in school improvement, corrective action or restructuring.

(vi) A charter school only has to accept a student who meets its admission criteria if space is available.

(vii) If there is not another safe school within the LEA to which students may transfer, the LEA is encouraged, but not required, to establish an agreement with a neighboring LEA to accept the transfer of students.

(2) Toward students who attend a persistently dangerous school.

(i) Under the act of June 30, 1995 (P. L. 220, No. 26) know as the Pennsylvania’s Safe Schools Act, all school entities as defined by the act shall report to the Department incidents involving acts of violence; possession of a weapon; or the possession, use, or sale of a controlled substance, alcohol or tobacco by any person on school property or at school-sponsored events or on school transportation to and from school or school-sponsored activities.

(ii) Within 10 school days of receiving notification by the Department, an LEA shall notify the parent or legal guardian of each student who attends the school that the Department has identified the school as persistently dangerous.

(iii) The LEA shall offer the students who attend the school the opportunity to transfer to a safe public school, including a charter school, within the LEA.

(iv) The notification and offer to transfer shall state that no student is required to transfer to another school.

(v) Upon receipt of an application to transfer, the LEA shall transfer the student within 30 calendar days.

(vi) When considering a student’s request to transfer to another school, the LEA shall take into account the particular needs of the student and the parent.

(vii) To the extent possible, the LEA shall allow the student to transfer to a school that is making adequate yearly progress, and one that is not identified as being in school improvement, corrective action or restructuring.

(viii) A charter school only has to accept a student who meets its admission criteria if space is available.

(ix) If there is not another safe school within the LEA to which students may transfer, the LEA is encouraged, but not required, to establish an agreement with a neighboring LEA to accept the transfer of students.

(x) The LEA shall submit a corrective action plan to the Department within 30 calendar days of receiving notification that a school has been identified as persistently dangerous.

(xi) The LEA shall receive approval from the Department for its corrective action plan and shall implement all steps contained in its corrective action plan within the time periods specified in that plan.

(xii) After the Department has notified an LEA that a school is no longer identified as a persistently dangerous school, the LEA is encouraged to permit students who transferred to complete their education at their new school. LEAs may not require students to return to their original school if the students are enrolled in a charter school.

(e) Responsibilities of Department.

(1) The Department will identify those schools that meet or exceed the criteria for a persistently dangerous school by analyzing the Annual Report on School Violence and Weapons Possession (PDE-360). In identifying persistently dangerous schools, the Department will use the most recent data available to it from the reporting LEA, and will take all reasonable steps to verify that the data is valid and reliable.

(2) After review and verification of PDE-360 data, the Department will promptly inform an LEA when any of its schools meets the definition of persistently dangerous school.

(3) The Department will provide technical assistance to the LEA in developing a corrective action plan. The Department will review proposed corrective action plans submitted by LEAs and approve suitable corrective action plans.

(4) After approval of the corrective action plan, the Department will conduct a site visit to each persistently dangerous school to assess the school’s progress in implementing the plan. If no significant improvement is observed, the Department may require the LEA to submit a revised corrective action plan for that school.

(5) The Department will reassess a school’s designation as persistently dangerous at the end of the school year during which its corrective action plan is completed.

(6) During the reassessment described in this section, the Department will remove the designation if the school no longer meets the definition of persistently dangerous school.

The provisions of this § 403.6 adopted June 27, 2003, effective June 28, 2003, 33 Pa.B. 2980.

History

  • Authority: The provisions of this Chapter 403 issued under section 2603-B(d)(10)(i) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 403 adopted December 13, 2002, effective December 14, 2002, 32 Pa.

Chapter 405 PA Pre-K Counts

22 Pa. Code § 405.1 Purpose.

This chapter establishes rules and procedures for implementing the Program created to provide expanded access to high quality prekindergarten experiences for eligible students.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—Article XV-D(b) of the Public School Code of 1949 (24 P. S. § § 15-1511-D—15-1516-D), added by the act of July 20, 2007 (P. L. 278, No. 45). Approved provider—An eligible provider that has been approved by the Department to offer prekindergarten under the act. At-risk child—A child who is at risk of educational failure because of poverty, economic disadvantage, limited English proficiency, academic difficulties, or individual or community factors. CDA—Child Development Associate credential. Department—The Department of Education of the Commonwealth. Eligible applicant—Any of the following entities:

(i) A school district.

(ii) A Head Start program.

(iii) A nursery school licensed under the Private Academic Schools Act (24 P. S. § § 6701—6721).

(iv) A regulated child day care center or a group day care home that is designated a STAR 3, or higher under the Keystone STARS quality rating system established by the Department of Public Welfare, as of the beginning of the 2009-2010 program year.

(v) A third party entity that will carry out fiduciary and other lead agency responsibilities for entities eligible to operate program classrooms. Eligible provider—An eligible provider as defined in section 1511-D of the act (24 P. S. § 15-1511-D). A child day care center or group day care home must have been designated a STAR 3, or higher under the Keystone STARS quality rating system established by the Department of Public Welfare as of the beginning of the 2009-2010 program year. Eligible student—An eligible student as defined in the section 1511-D of the act. Grant—An award of funds by the Department for the purposes of carrying out the Program. Identified developmental delay or disability—As used in this chapter, a child who has a written Individualized Education Program under Chapter 14 (relating to special education services and programs) and the Federal Individuals with Disabilities Education Improvement Act (20 U.S.C.A. § § 1400—1419). Lead agency—An entity that submits an application for funding and will undertake reporting, recordkeeping, compliance and fiduciary responsibilities for the members of a partnership under the grant. Location—The site, place or address where Program services are provided. Partner—One, or more, entities that are in a formal relationship with a lead agency to provide Program services using grant funds and that have signed a written partnership agreement. Partnership agreement—The written document that specifies the roles and responsibilities of all entities in the partnership established to provide Program services using grant funds. Program—The PA Pre-K Counts Program established under the act. Program year—The school year during which Program services are delivered to children enrolled in the program. Teacher—The primary teacher in the classroom who is responsible for the instruction of children and meets the requirements in § 405.44 (relating to staffing and professional development). Teacher aide—A paraprofessional who provides instructional support to students, including those who do one or more of the following:

(i) Provide one-on-one tutoring if tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher.

(ii) Assist with classroom management, by organizing instructional materials.

(iii) Provide instructional assistance in a computer laboratory.

(iv) Conduct parental involvement activities.

(v) Provide instructional support in a library or media center.

(vi) Act as a translator.

(vii) Provide instructional support services under the direct supervision of the primary teacher.

This section cited in 22 Pa. Code § 49.31 (relating to criteria for eligibility); 22 Pa. Code § 49.82 (relating to Instructional I); and 22 Pa. Code § 405.11 (relating to eligible provider).

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.3 General rules.

(a) Program services shall be provided free of charge.

(b) Nothing in this section shall be construed to prevent families with children who participate in the Program and are willing and able to pay part or all of the cost of the participation, from doing so. Approved and eligible providers and lead agencies are prohibited from soliciting costs from families.

(c) A student participating in the Program may not be included in the average daily membership or adjusted average daily membership of an approved provider school district for the purpose of reimbursement under Article XXV of the Public School Code of 1949 (24 P. S. § § 25-2501—25-2599.3).

(d) Programs must be open to children with identified developmental delays or disabilities, or both, and provide inclusive environments for these children.

(e) Approved providers may enroll eligible students who reside outside of the providers’ usual attendance area but all eligible children must be residents of this Commonwealth.

(f) Program grant funds are to be used for providing services and programs to age-eligible students as described in § 405.21 (relating to targeting children to be served). Program classes may include children supported by alternative funding sources, including Early Intervention, Head Start, school district or other public funds. In addition, those other funding sources may be used to support a student in a Program outside the age requirements or the 2-year time limitation.

(g) Approved providers shall verify the income and family size of all children participating in the Program prior to enrollment pursuant to Program announcements issued by the Department.

(h) Program providers shall be provided with Program announcements issued by the Department to provide guidance and direction regarding application, implementation and reporting requirements.

(i) The Department will administer the Program consistent with the statutory authorization.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.11 Eligible provider.

An eligible provider may apply for a grant alone or in combination with other eligible providers as a joint applicant, in which case the entity that applies for the grant shall be the lead agency in a partnership, as defined in § 405.2 (relating to definitions).

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.12 Proposal submission.

(a) The Department will announce through its web site that competitive grant applications are to be submitted to the Department, specifying the submission deadline.

(b) To be considered for a grant award, an applicant shall meet the deadline for submission of all information by the dates announced in the request for applications.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.13 Grant agreements.

(a) After an eligible provider has been approved, the provider or lead agency shall enter into a grant agreement with the Department. Grant agreements must contain, at a minimum, a work statement and budget.

(b) Grantees shall contact the Department for guidance if a change needs to be made to the scope of work or the budget contained in the grant agreement.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.14 Annual community needs assessment.

Applicants for Program funding shall conduct an annual assessment of community needs for Pre-K services as part of the application process for continuation, expansion or new grant funds.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.21 Targeting children to be served.

The Department will instruct applicants to target their Program enrollment to children who are most at risk, consistent with the description in the Program guidance of targeting services to children most at risk, if it is likely that the funds appropriated for the upcoming program year will be less than the funds required to serve all eligible children in this Commonwealth. The Department will also instruct approved providers to engage in outreach and partnership with Child Care Works, Head Start, and other appropriate programs of the Office of Child Development and Early Learning to inform Programs and families that they serve about the availability of the Program and to coordinate with these programs, particularly when there are waiting lists.

This section cited in 22 Pa. Code § 405.3 (relating to general rules).

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.22 Maximizing resources.

Approved providers shall use Program grant funds to supplement, not to supplant, public funds from any other source that are used to serve otherwise eligible students, including, but not limited to, Accountability Block Grant funds, local funds, or Federal or State Head Start funds for Programs provided in the same geographic area. However, this requirement does not prohibit combining funding sources for support of a single Program as long as additional eligible students are served and all of the Program standards are met by the program supported with combined resources.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.23 Disallowance of duplicate funding.

Program funds may not be used to provide the same service for a child already receiving that service funded by another resource.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.24 Enrollment.

Each approved provider shall develop and implement a plan for securing full enrollment on the first day of class for the program year and maintaining full enrollment throughout the program year, except as follows:

(1) When a student leaves the Program after the start of the program year, the provider shall have up to 20 instructional days to fill the vacancy, after which time the Department may request the return of funds or reduce future payments for the vacated and unfilled slot in the amount of funds relative to the remaining instructional days of the Program for that program year, unless the vacancy occurs within 21 instructional days of the last day of class.

(2) If an enrolled child has ten or more unexcused absences, the provider shall take appropriate steps to address attendance, up to and including dismissal of the child from the Program. The Department may request the return of funds or reduce future payments to Programs that have not taken appropriate steps to overcome unexcused absences.

(3) Provider policies regarding unexcused absences and the number allowed must be written and provided to parents, families or guardians of enrolled children, and to the Department.

(4) An approved provider may not deny a student admission to a Program by reason of the student’s disability.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.31 Coordination and collaboration with agencies providing services to young children.

(a) Approved providers shall coordinate and collaborate with the local agencies providing Early Intervention services to Infants and Toddlers to ensure a smooth transition for children and families that have been receiving services from Early Intervention.

(b) Approved providers shall coordinate and collaborate with the local agencies providing Early Intervention services to preschool age children to ensure the following:

(1) A smooth transition for children and families that have been receiving services from Early Intervention.

(2) Coordination of any continued Early Intervention services the child will receive while enrolled in the Program.

(3) Awareness of the available Early Intervention services for children enrolled in the Program who have not been identified as in need of Early Intervention services but who may be eligible for the services, and the capacity to provide appropriate information to parents and make appropriate referrals for Early Intervention evaluations and services.

(c) Approved providers shall coordinate and collaborate with the Child Care Information Services agency in their area to coordinate services and benefits received by families and to achieve enrollment in the Program of children who are most at risk and in need of services.

(d) Approved providers shall coordinate and collaborate with programs that provide the before and after Program child care for participating children so that transportation arrangements, emergency contacts and other necessary information are shared and so that the needs of families whose children are enrolled in the Program are met.

(e) Approved providers shall coordinate and collaborate with Head Start agencies.

(f) Approved providers shall coordinate and collaborate with school districts in those areas from which they are enrolling children in the Program to develop and implement plans for a smooth transition for children who will leave the Program to be enrolled in the school districts’ K-12 program; to ensure alignment of curriculum and standards between the Program and the K-12 school district program; and to consolidate activities, such as professional development, to the extent practicable, to the advantage of both programs and creation of greater efficiencies.

(g) Approved providers shall coordinate and collaborate with the local community groups that engage the public in issues related to early childhood education.

(h) Approved providers shall coordinate and collaborate with other Program sites in their county on activities such as professional development, family outreach and child enrollment strategies, to the extent practicable to the advantage of all of the Programs and creation of greater efficiencies.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.32 Partnerships.

Partnerships of eligible providers must have a signed partnership agreement. The agreement shall be submitted to and approved by the Department. The partnership agreement must delineate how the entities that comprise the partnership will carry out their roles and responsibilities within the Program, including: communication, decision-making, reporting, monitoring of program requirements, recordkeeping and fiduciary matters.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.41 School term.

Programs shall offer a minimum of 180 days of developmentally appropriate instructional practices and activities for students.

(1) In the first year of operation as a provider, if the provider is unable to start up immediately at the beginning of the program year, the provider may serve children for fewer than 180 days, but in no case fewer than 160 days.

(2) Days may not be counted as days of developmentally appropriate practices and activities when the Program is closed, and time may not be counted as time spent on developmentally appropriate practices and activities for an activity to which admission is charged.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.42 Program day and developmentally appropriate instructional practices and activities.

Instructional time for students shall be time in the program devoted to developmentally appropriate instructional practices and activities provided as an integral part of the Program under the direction of qualified employees.

(1) The following practices and activities, as described in the early learning standards in § 4.20 (relating to prekindergarten education), count towards instructional time:

(i) Classroom instruction.

(ii) Orientation of children during regular school hours to the Program, Program setting and Program routines conducted.

(iii) Meals and snack-time, as long as they are integral parts of the curriculum, facilitated by the lead teacher and used for student learning experiences.

(iv) Play-time, including outdoor and indoor play or child directed activities as long as they are an integral part of the instructional day, facilitated by the lead teacher and used for student learning.

(v) Time spent at the library, and in art, music or physical education.

(vi) Opening exercises that engage children, including opening circle time, in preparation for the day.

(vii) School, group or class educational trips to which admission is not charged to students or parents and provided that a teacher accompanies the students.

(viii) Student services, such as guidance and counseling services, psychological services, speech pathology and audiology services, and student health services.

(ix) Civil defense, fire, bus evacuation and similar drills.

(x) Early dismissal and delayed opening only when due to inclement weather.

(2) Time spent in transportation, professional development and parent/teacher conferences does not count as instructional time.

(3) In addition to the activities described in subsection (a), home visiting may be counted toward required instructional time, provided that the home visits are of sufficient frequency and duration for each child to constitute the equivalent of classroom hours missed and that this activity has been approved by the Department in advance of implementation.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.43 Class size and student/staffing ratio.

(a) Program class enrollments are limited to at most 20 students with at least one teacher and one aide in the classroom, however, for high quality programming a maximum of 17 students is recommended.

(b) If a Program class has ten or fewer students, there shall be one teacher in the classroom and an aide must be available onsite to assist the teacher as needed.

(c) Whenever the enrollment in a class exceeds 20, the class shall be divided into two classes so that each class individually does not exceed 20 students. Each class must be properly staffed and, if space is to be shared, that space must be divided by a barrier that adequately separates the spaces for instructional purposes.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.44 Staffing and professional development.

(a) Teachers of eligible students supported by Program funding shall meet the following requirements:

(1) In school districts, teachers shall have early childhood education certification.

(2) In Head Start and child care programs, teachers shall possess a minimum of an associate’s degree in early childhood education or child development.

(3) In licensed nursery school programs, teachers shall have a minimum of a bachelor’s degree, 18 credits from an institution of higher education in early childhood education and a private academic teaching or temporary approval certificate.

(4) By December 31, 2011, all teachers in Program classrooms shall have early childhood education certification.

(b) Teacher aides in any classroom of eligible students supported by Program funding shall meet one of the following criteria:

(1) Completion of at least 2 years of full-time postsecondary study or the equivalent.

(2) Possession of an associate’s degree or higher.

(3) Ability to meet a rigorous standard of quality and demonstration of knowledge through a formal state or local academic assessment or possession by the teacher aide of a Child Development Associate’s (CDA) certificate.

(4) Teacher aides who work solely as translators shall have a high school diploma or its equivalent, and do not have to meet any of the other requirements of paragraphs (1)—(3).

(c) A lead teacher in the Program, including those in community-based settings, including outdoor and indoor play or child directed activities with an Instructional Level I certificate shall convert the certificate to an Instructional Level II certificate within 6 years from the time of initial service as an Instructional Level I teacher in the Program. Teachers holding an Instructional Level I early childhood certificate may count their time working in a Program community-based program toward the 3 years of required experience necessary before converting the certificate to an Instructional Level II certificate, in accordance with the requirements of the Department, including a year’s participation in a Department approved teacher induction plan, six semiannual evaluations and the Department specified continuing professional development credits.

(d) Program teachers shall undertake continuous professional development as specified by the Department and, at a minimum, meet the requirements of sections 1205.1—1205.5 of the Public School Code of 1949 (24 P. S. § § 12-1205.1—12-1205.5).

(e) Program teacher aides shall take a minimum of 24 hours of continuous professional development as specified by the Department, and in early childhood education and development, each year.

This section cited in 22 Pa. Code § 405.2 (relating to definitions).

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.45 Curriculum.

(a) The curriculum used in any classroom that includes a child who is enrolled in the Program must be standards-based.

(b) The curriculum used in the Program must be determined by the Department to be aligned with the Early Learning Standards established by the Department.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.46 Assessment.

Approved providers shall:

(1) Assess eligible students with a minimum frequency determined by the Department using an assessment tool approved by the Department.

(2) Participate in Department conducted training in the use of the assessment tool as prescribed by the Department.

(3) Report aggregate assessment information to the Department for purposes of Program monitoring, evaluation, reporting child outcomes and accountability in a manner and with a frequency and schedule determined by the Department.

(4) Participate in a Department conducted assessment of the Program learning environment and attend the training in the use of the environmental self-assessment tool as prescribed by the Department.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.47 Parent involvement.

Approved providers shall develop and implement a plan for involvement and input of parents, families and guardians of children enrolled in the Program to inform them of program goals, instructional strategies, and the progress of their children and to involve them in supportive activities designed to help ensure their child’s success.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.48 Program transition planning.

(a) Approved providers shall develop and implement plans designed to ensure a smooth and supportive transition for children entering the program from the setting from which they are coming, including the home, Early Intervention services, Early Head Start or child care.

(b) Approved providers shall develop and implement plans to ensure a smooth and supportive transition for children leaving the Program to enter kindergarten and the K-12 school environment.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.49 Immunizations.

Approved providers shall meet the immunization requirements that pertain to their provider type; for school districts and licensed nursery schools see 28 Pa. Code § § 23.81—23.87 (relating to immunization); for child care centers and group child care homes see 28 Pa. Code § 27.77 (relating to immunization requirements for children in child care group settings); and for Head Start agencies see 45 CFR 1304.20 (relating to child health and development services), the Federal Head Start Performance Standards.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.50 Emergency response plans.

Approved providers shall develop, implement and review and revise annually, as necessary, a comprehensive disaster and emergency response plan that meets the guidelines of the Pennsylvania Emergency Management Agency. See, Practical Information on Crisis Planning: a Guide for Schools and Communities, at www.pema.state.pa.us.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.51 Inclusive environments.

A Program classroom should reflect the naturally occurring ratio of students with and without developmental delays and disabilities in the area served by the approved provider and should not contain more than 20% of students who have been identified by the start of the program year as having a developmental delay or disability. However, in attempting to promote inclusion in this way, approved providers may not deny students admission to a classroom based on their disability or delay.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.61 Program reporting.

Approved providers shall provide reports as requested by the Department and in the manner and at times as prescribed by the Department, including, but not limited to, expenditure reports, reconciliation of cash reports, enrollment, attendance, demographic information and child outcomes.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.62 Recordkeeping.

Approved providers shall maintain all records pertinent to the program, including, but not limited to, financial, statistical, property, changes in Keystone STARS status, child care certificate, nursery school license, teacher evaluations and recommendations, and any other supporting documentation, for a period of at least 7 years from the date of submission of their final closeout report, or until all audits are complete and findings have been completely resolved, whichever occurs last.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.63 Attendance at Department sponsored meetings and training.

Approved providers shall attend any mandatory meetings and training sessions arranged by the Department.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.64 Teacher induction plans and evaluations.

Approved providers shall facilitate activities that teachers must undertake to advance their certification from Instructional Level I to Instructional Level II.

(1) Providers shall implement a teacher induction program that meets the requirements of § § 49.16 and 49.83 (relating to approval of induction plans; and Instructional II) and implementing Department guidelines, and that has been approved by the Department and facilitates the involvement of teachers in the Program.

(2) Providers shall conduct or make available to teachers holding Level I teaching certificates semiannual evaluations as are necessary for Level I certificate holders to be recommended for a Level II teaching certificate.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.71 Segregation of funds.

An approved provider that receives grant funds under the Program shall maintain a separate account in its budget to facilitate monitoring and auditing of the use of the grant funds. If the approved provider is a school district, the school district may not place grant funds in a reserve account.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.72 Grant awards.

(a) Grants shall be awarded by the Department to approved providers on a per-child basis, in an amount set by the Department, for each eligible student served by an approved provider.

(b) The amount of grant funds provided per-student may not exceed the cost of administering the approved provider’s prekindergarten program.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.
22 Pa. Code § 405.73 Use of funds.

(a) Funds may only be used for the costs associated with providing Program services to eligible students enrolled in the Program.

(b) Funds may not be used for administrative or indirect costs.

History

  • Authority: The provisions of this Chapter 405 issued under Article XV-D(b) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 405 adopted June 4, 2010, effective June 5, 2010, 40 Pa.

Part XVII State System of Higher Education

Chapter 505 Student Personnel

22 Pa. Code § 505.1 Rules and procedures.

Each university president, with trustee approval, shall create rules of student conduct and judicial procedure, consistent with this chapter which shall provide substantive rules that define with reasonable specificity disciplinary offenses, penalties or sanctions and procedural guidelines to adjudicate rules violations.

The provisions of this § 505.1 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.1 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103807).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.2 Publication.

The university’s rules shall be published and disseminated to students in student handbooks and other institutional publications.

The provisions of this § 505.2 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.2 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103808).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.3 Procedural guarantees.

The university’s rules of procedure for student disciplinary hearings shall provide students with the following procedural guarantees:

(1) Reasonably specific advanced written notice of charges containing a description of the alleged acts of misconduct, including time, date and place of occurrence and the rules of conduct allegedly violated by the student.

(2) Advanced written notice of the date, time and place of the hearing, unless the right is waived in writing by the student.

(3) An opportunity for submission of written, physical and testimonial evidence and for reasonable questioning of witnesses by both parties.

(4) A reasonably sufficient interval between the date of service of charges and the date of the hearing to allow the student to prepare a defense.

(5) An impartial hearing body which may consist of a committee, board or individual appointed by the university president.

(6) Maintenance of a written summary or audiotape record of the hearing at university expense, though students may be required to pay the costs of copies of requested records.

(7) A decision based upon evidence sufficient to make a reasonable person believe that a fact sought to be proved is more likely true than not.

(8) A written decision in which the facts and reasons are set forth with reasonable specificity which shall be issued within 30 working days after the close of proceedings.

(9) Identification by the student of an adviser, who may be an attorney, to be present at hearings. The adviser may only consult and interact privately with the student, unless the university grants the adviser permission to represent a student in a particular case.

The provisions of this § 505.3 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.3 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial pages (103808) to (103809).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.4 Conduct of hearings.

(a) The conduct of hearings shall be committed to the hearing body which may make all rules reasonable and necessary for the orderly and efficient disposition of cases.

(b) Hearings shall be conducted to ensure that an accused student has a fair and reasonable opportunity to answer, explain and defend against charges.

(c) The university shall have the burden of proof in all cases.

The provisions of this § 505.4 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.4 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103809).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.5 Informal hearing.

Cases not involving the sanctions of expulsion or suspension may be heard informally, as specified by university procedures, with notice and the opportunity to be heard afforded students.

The provisions of this § 505.5 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.5 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103809).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.6 Use of evidence.

The university is not bound by formal rules of evidence; however, evidence shall be inherently reliable.

(1) Hearsay evidence may not be used to establish a fact necessary to establish guilt or innocence in a case.

(2) A student’s previous disciplinary record may not be used to prove the student’s guilt in a current case but may be used to establish reputation or habit if relevant. The hearing body may consider a student’s previous disciplinary record, if the student is found guilty of violating the rules of conduct, to determine the appropriate disciplinary penalty or sanction.

The provisions of this § 505.6 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.6 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial pages (103809) to (103810).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.7 Waivers.

A student, through a written statement, may waive the right to a hearing.

The provisions of this § 505.7 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.7 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103810).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.8 Appeals.

The allowance of appeals shall be discretionary with the president of the university or a designee.

The provisions of this § 505.8 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.8 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103810).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.9 Interim suspensions.

The president or a designee may suspend a student from the university, including the student’s privilege to enter a university facility or property pending the final disposition of the student’s case if it is determined the student’s continued presence constitutes an immediate threat of harm to the student, other students, university personnel or university property. If a student is suspended under these conditions, a hearing shall be convened within 10 working days, unless extenuating circumstances warrant an extension, in which case a hearing shall be provided at the earliest possible date.

The provisions of this § 505.9 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.9 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103810).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.10 Maintenance of status.

Unless an interim suspension is imposed, as provided in this chapter, a student shall continue matriculation until the student’s case is fully adjudicated through university procedures.

The provisions of this § 505.10 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.10 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103810).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.11 Retention of hearing records.

The university shall retain records of cases involving expulsions or suspensions for a minimum of 2 years from the date of final adjudication. The university may retain hearing records for a longer period of time in accordance with its policy.

The provisions of this § 505.11 amended under section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A).

The provisions of this § 505.11 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3483. Immediately preceding text appears at serial page (103810).

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.
22 Pa. Code § 505.12 Enforcement.

A university may withhold transcripts, grades, diplomas or other official records pending the disposition of cases if the action is reasonably necessary to preserve the university’s ability to enforce its disciplinary rules.

The provisions of this § 505.12 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4346.

History

  • Authority: The provisions of this Chapter 505 issued under section 2005-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 505 adopted December 6, 1985, effective December 7, 1985, 15 Pa.

Chapter 507 Finance and Administration

22 Pa. Code § 507.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Clear and convincing evidence—Evidence sufficient to convince a reasonable mind that a fact sought to be proved is more likely than not true. Domicile—The place where one intends to reside permanently or indefinitely and does in fact so reside. Student—An individual enrolled in a program, course or course of study in a university. Tuition fee—The instructional fee established by the Board of Governors for Commonwealth residents attending the universities and the tuition assessed residents of other states attending the universities. University—Any of the 14 universities now constituting the State System of Higher Education, as enumerated at 24 P. S. § 20-2002-A, and other universities as may be admitted after November 16, 1986, to the State System of Higher Education under statute.

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.2 Classification.

The universities shall, subject to this chapter, determine the residential classifications of students. Students who are domiciled in this Commonwealth shall be assessed the tuition fee applicable to Commonwealth residents and other students shall be assessed the tuition fee applicable to nonresidents.

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.3 Determination of domicile.

Domicile is the place where one intends to reside either permanently or indefinitely and does in fact so reside. The presumptions and forms of evidence set forth in this section shall be considered by the universities in making their determinations.

(1) Continuous residence in this Commonwealth for a period of 12 months prior to registration as a student at an institution of higher education in this Commonwealth creates a presumption of domicile. A student is presumed not to be a domiciliary if the student has resided for a shorter period before attending an institution of higher education, but the student may rebut this presumption by clear and convincing evidence.

(2) Students who are not United States citizens, and have nonimmigrant visas or lack visas, are presumed not to be domiciled in this Commonwealth, but they may rebut this presumption by clear and convincing evidence.

(3) A minor is presumed to have the domicile of his parents or guardian. The age of majority for establishing a domicile for tuition purposes is 22. A minor may prove financial emancipation and thereby prove Pennsylvania domicile through clear and convincing evidence.

(4) A United States government employe or a member of the armed forces who was domiciled in this Commonwealth immediately preceding entry into government service and who has continuously maintained Pennsylvania as his declared legal residence, shall be presumed to have a Pennsylvania domicile. Nonresidents stationed in this Commonwealth for military service shall be deemed Pennsylvania domiciliaries.

(5) A student receiving a scholarship, loan or grant, dependent upon maintaining domicile in a state other than Pennsylvania, is presumed to be domiciled in the state from which he is receiving financial aid.

(6) Rules of evidence are as follows:

(i) The following factors may be considered as evidence of domiciliary intention but may be given weight that the finder of fact given the circumstances of each case may assign to them:

(A) Lease or purchase of a permanent, independent residence within this Commonwealth by the student.

(B) Payment of appropriate State and local taxes. Special attention should be given to payment of Pennsylvania taxes on income earned during periods of temporary absence from this Commonwealth.

(C) Transfer of bank accounts, stocks, automobiles and other registered property to Pennsylvania from another state.

(D) Procurement of a Pennsylvania driver’s license.

(E) Procurement of a Pennsylvania motor vehicle registration.

(F) Agreement for permanent, full-time employment in this Commonwealth.

(G) Membership in social, civic, political, athletic and religious organizations located in this Commonwealth.

(H) Registration to vote in this Commonwealth.

(I) A sworn statement by the student or his parents or guardian in the case of a minor declaring his intention to make this Commonwealth his residence either permanently or for an indefinite period of time.

(J) A sworn statement from the parents or guardian of a minor setting forth facts to establish the minor’s financial independence and separate residence.

(ii) Each case shall be decided on the basis of facts submitted, with qualitative rather than quantitative emphasis. No given number of factors is required for domicile, since the determination in each case is one of the subjective intention of the student to reside permanently or indefinitely in this Commonwealth.

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.4 Procedures for reclassification.

A student may challenge the university’s determination of his domicile. Challenges shall be made in accordance with the following-stated procedures.

(1) A student who is dissatisfied with the university’s determination of his classification may challenge it by filing a written petition with the university officer or committee designated by the university president to consider challenges within 30 days after issuance of the determination. The petition shall contain a statement of reasons in support of the student’s claim of Pennsylvania domicile and supporting documentation the student may wish to submit. Untimely petitions may not be considered.

(2) The university shall date stamp all petitions on the date of receipt.

(3) The student shall also execute a data form which shall be provided the university by the Office of the Chancellor.

(4) When a student’s petition is denied, the university officer or committee which considered it shall issue a written statement of the reasons for its decision and transmit it to the student’s last known address by means of first class mail. The date of mailing shall be set forth on the face of the written decision but failure to do so may not invalidate the decision.

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.5 Appeals.

(a) A student who is dissatisfied with the decision made by the officer or committee in response to his petition, may appeal it by sending a written appeal to the Office of the Chancellor of the State System of Higher Education, Post Office Box 809, 301 Market Street, Harrisburg, Pennsylvania 17108.

(b) The written appeal shall be received by the Office of the Chancellor within 30 days of the date the university’s decision was mailed to the student. The written appeal shall set forth the reasons why the student feels the university’s decision is erroneous.

(c) The Office of the Chancellor shall notify the university of the appeal. Upon notice, the university shall transmit to the Chancellor or his designee, copies of the student’s data form and its statement of reasons. The Chancellor or his designee may require the student and the university officer or committee to meet to stipulate as to all undisputed facts.

(d) The student and the university may submit written arguments in support of their positions to the Chancellor or his designee in accordance with the limitations as that office may prescribe.

(e) The Chancellor or his designee shall issue a written decision granting or denying the student’s appeal and shall transmit it to the student and the university by first class mail.

(f) Within the State System of Higher Education the decision of the Chancellor shall be final.

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.6 Effective dates of reclassification.

(a) A reclassification which occurs because a petition or appeal is granted shall be effective the date it is determined that the student became a Pennsylvania domiciliary. If a petition or appeal was filed while the student was not enrolled the reclassification shall be effective the next semester or term in which the student is taking course work.

(b) Involuntary reclassifications made under § 507.7(b) (relating to change of domicile) shall be effective as of the date on which the university determines that the student has changed permanent residences and is no longer a Pennsylvania domiciliary. Students who change domiciles between semesters or terms shall be reclassified the next semester or term of enrollment.

(c) The Chancellor may, for good cause and at his discretion, vary the effective dates of reclassifications.

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.7 Change of domicile.

(a) A student who changes his domicile from Pennsylvania to another state shall promptly give notice to the university.

(b) A university may reclassify a student in the event it believes he is no longer a Pennsylvania domiciliary. The student may challenge the determination under the procedures provided in this chapter.

This section cited in 22 Pa. Code § 507.6 (relating to effective dates for reclassification).

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.11 Scope.

This chapter is applicable to a person operating a motor vehicle on facilities under the exclusive control of the State System of Higher Education.

The provisions of this § 507.11 issued under section 2005-A of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § 20-2005-A); and amended under sections 2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § § 20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and 20-2010-A(5)).

The provisions of this § 507.11 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4351; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1285. Immediately preceding text appears at serial page (103817).

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.12 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Facility—A site at which the State maintains administrative headquarters, universities, branch campuses, extension centers and other System-owned or operated sites. Highway—A drive, lane, road, street or trail located on a facility. Motor vehicle—A self-propelled vehicle other than a bicycle.

The provisions of this § 507.12 issued under section 2005-A of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § 20-2005-A); and amended under sections 2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § § 20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and 20-2010-A(5)).

The provisions of this § 507.12 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4351; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1285. Immediately preceding text appears at serial page (103817) to (103818).

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.13 Crimes and offenses relating to the operation and parking of a motor vehicle.

(a) Operation. Each of the following activities constitutes a summary offense under 18 Pa.C.S. § 7505 (relating to violation of governmental rules regarding traffic) when committed on a System facility.

(1) Operation of a motor vehicle on a highway at a speed in excess of the maximum posted limit.

(2) Operation of a motor vehicle on a highway posted as closed to motor vehicles.

(3) Operation of a motor vehicle without snow tires or chains on a designated snow emergency route during a declared snow emergency.

(4) Operation of a motor vehicle causing noise which is unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.

(5) Operation of a motor vehicle being used for business or commerce without specific written approval from the facility’s chief executive officer.

(6) Operation of a motor vehicle in areas not designated for operation of motor vehicles.

(b) Parking. Each of the following activities constitutes a summary offense under 18 Pa.C.S. § 7505 when conducted on a System facility.

(1) Parking a motor vehicle other than in a designated or posted parking area.

(2) Parking a motor vehicle which obstructs a gate, road, bicycle path, access way, drinking fountain, entrance, exit or road turnaround.

(3) Parking a motor vehicle in an area which is posted or closed, without written approval of the facility’s chief executive officer or a designee.

(c) Fines. The Board of Governors (Board) will set the amounts of the fines for each campus or facility upon the recommendation of the chancellor or the respective university president.

(1) The chancellor shall submit requests from the presidents to the Board on an annual basis. The Board will vote in public session to approve or deny the recommended adjustments.

(2) Notice of the amounts of the fines shall be contained in the published parking rules for each campus or facility.

The provisions of this § 507.13 issued under section 2005-A of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § 20-2005-A); and amended under sections 2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § § 20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and 20-2010-A(5)).

The provisions of this § 507.13 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4351; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1285; amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4897. Immediately preceding text appears at serial pages (249730) to (249731).

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.14 Enforcement.

(a) Towing. A vehicle parked on a highway, parking area, or any other area in violation of parking rules may be towed at the owner’s expense, upon authorization of the facility’s chief executive officer or a designee.

(b) Booting. An immobilizing device may be placed on any vehicle with three or more delinquent tickets to compel payment of fines. A service charge, not to exceed $50 may be assessed for the removal of immobilizers.

(c) Notice of towing and booting. Notice of towing and booting shall be contained in the published parking rules of facilities engaging in either practice.

(d) Tow-away areas. Tow-away areas shall be posted with tow-away signs.

The provisions of this § 507.14 issued under section 2005-A of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § 20-2005-A); and amended under sections 2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § § 20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and 20-2010-A(5)).

The provisions of this § 507.14 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4351; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1285; amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4897. Immediately preceding text appears at serial page (249731).

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.15 Application of the Vehicle Code.

The provisions of 75 Pa.C.S. § § 101—9910 (relating to the Vehicle Code) are applicable to the facilities of the State System of Higher Education.

The provisions of this § 507.15 issued under section 2005-A of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § 20-2005-A); and amended under sections 2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § § 20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and 20-2010-A(5)).

The provisions of this § 507.15 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4351; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1285. Immediately preceding text appears at serial page (103819).

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.
22 Pa. Code § 507.16 Trespass.

(a) A person who violates this chapter, disregards instructions or warnings given by, or interferes with a System police officer or university employe or official may be ordered to leave the facility by the facility’s chief executive officer or a designee.

(b) Refusal to leave a facility after receiving an order to leave from the chief executive officer or a designee constitutes an act of criminal trespass under 18 Pa.C.S. § 3503 (relating to criminal trespass).

The provisions of this § 507.16 issued under section 2005-A of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § 20-2005-A); and amended under sections 2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. § § 20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and 20-2010-A(5)).

The provisions of this § 507.16 adopted December 6, 1985, effective December 7, 1985, 15 Pa.B. 4351; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1285. Immediately preceding text appears at serial page (103819).

History

  • Authority: The provisions of this Chapter 507 issued under section 2006-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 507 adopted November 15, 1985, effective November 16, 1985, 15 Pa.

Part XVIII Tuition Account Program

Chapter 601 Administration of Program

22 Pa. Code § 601.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Act—The Tuition Account Program and College Savings Bond Act (24 P. S. § § 6901.101—6901.509). Beneficiary—A person who meets the eligibility criteria in the act, and on whose behalf a purchaser enters into a tuition account payment contract. Department—The Treasury Department of the Commonwealth. Fund—The Tuition Payment Fund established by the act. Material misrepresentation—A false statement made with the intent to deceive by the purchaser or beneficiary, either in the application or in written correspondence with the Department regarding the tuition account payment contract, relating to a substantial fact, including the age of the purchaser, the residency of the purchaser or beneficiary or the reason for termination of the tuition account payment contract. Net earnings rate of the Fund—The percentage return of the investment of Fund assets after adjusting for taxes and operating expenses. Participating institution—An accredited, degree-granting college or university required by the act to participate in the Program as follows:

(i) Community colleges operating under Article XIX-A of the Public School Code of 1949 (24 P. S. § § 19-901-A—19-1913-A).

(ii) Universities comprising the State System of Higher Education.

(iii) The following State-related institutions:

(A) Pennsylvania State University.

(B) University of Pittsburgh.

(C) Temple University.

(D) Lincoln University.

(E) An institution which is designated as ‘‘State-related’’ by the Commonwealth. Program—The Tuition Account Program established by the act. Purchaser—A person of legal age, including a natural person, corporation, association, partnership or other legal entity, who meets the eligibility requirements in the act and who enters into a tuition account payment contract. Standard tuition level—The approximate average tuition for an academic year at one of the following as established by the Department:

(i) The Commonwealth’s community colleges.

(ii) Universities in the State System of Higher Education.

(iii) State-related institutions. Termination of the tuition account payment contract—The voluntary or involuntary discontinuation of a purchaser from the Program and the voluntary or involuntary discontinuation of the beneficiary’s right to receive benefits under a tuition account payment contract. Tuition—The total of fees and charges required for attendance at an institution of higher education for a full-time, undergraduate academic year, excluding charges for room and board. Fees and charges as used in this definition do not include costs for:

(i) Activities or functions unrelated to course or program work—that is, student activity fees.

(ii) Specific course or program fees, charged by an institution of higher education, which are in addition to the other fees and charges for attendance—that is, laboratory fees, computer fees and book costs. Tuition account—The account established by a tuition account payment contract for a beneficiary. Tuition account payment contract—The contract entered into by a purchaser and the Department to provide for the advance purchase of tuition credits for a beneficiary attending a participating institution, which contract consists of a master agreement, application, acceptance package, annual price schedule for tuition credits as periodically amended and other related documents. Tuition credit—

(i) If a participating institution calculates tuition on a semester basis, as opposed to a credit hour basis, the term is defined as 1/24 of the tuition for an academic year at that participating institution. In that case, 12 tuition credits equal 1 semester, and 24 tuition credits equal 1 academic year of tuition at that participating institution.

(ii) If a participating institution calculates tuition on the basis of cost per credit hour only, as opposed to a semester basis, a tuition credit is defined as 1 academic credit hour. For example, if a participating institution charges by the credit hour and requires 15 credit hours, 15 tuition credits per semester will be needed to pay for the credit hours. In that case, 30 tuition credits equal 1 academic year of tuition at that participating institution.

(iii) This definition is based on section 309(c) of the act (24 P. S. § 6901.309(c)). Tuition unit—Five percent of a tuition credit. For example, 20 tuition units equal 1 tuition credit. Value of the account—The sum of payments made under a tuition account payment contract for the purchase of tuition credits or tuition units plus, in the case of each payment, a pro rata share of the net earnings rate of the Fund from the date of payment to the time of valuation, compounded annually.

History

  • Authority: The provisions of this Chapter 601 issued under the Tuition Account Program and College Savings Bond Act (24 P.
  • Source: The provisions of this Chapter 601 adopted August 20, 1993, effective September 1, 1993, 23 Pa.
22 Pa. Code § 601.2 Termination of tuition accounts, refunds and settlement.

(a) In addition to circumstances in section 313 of the act (24 P. S. § 6901.313), a tuition account may be terminated for the other reasons specified in this section.

(1) Termination at the will of the purchaser. A tuition account payment contract may be terminated at the will of the purchaser. The Department will settle the tuition account and pay to the purchaser a refund in an amount as specified under subsection (c).

(2) Termination for material misrepresentation. The Department may terminate a tuition account payment contract if it determines that the purchaser or beneficiary has made a material misrepresentation regarding information required to be submitted to the Department in writing. On termination of the tuition account payment contract under this subsection, the Department will settle the tuition account and pay to the purchaser a refund in an amount as specified under subsection (c).

(b) Procedure for termination of a tuition account payment contract and request for refund.

(1) The Department will terminate a tuition account payment contract under subsection (a)(1) only upon written request of the purchaser.

(2) The written request shall contain the following information:

(i) The purchaser’s name.

(ii) The beneficiary’s name.

(iii) The tuition account payment contract number.

(iv) The reason for termination.

(v) Supporting documentation as required by the Department.

(3) The Department will terminate a tuition account payment contract under subsection (a)(1) only after the purchaser pays to the Department a reasonable fee to be determined by the Department and specified in the tuition account payment contract.

(c) Amount of refund. On termination of a tuition account payment contract for reasons in this section, the Department will pay to the purchaser, as final payment, the lesser of one of the following:

(1) Ninety percent of the tuition for the number of tuition credits purchased at the standard tuition level or at the tuition level for a specific participating institution, as designated in the tuition account payment contract, as periodically amended.

(2) Ninety percent of the value of the account.

(3) The sum of payments made by the purchaser, or on behalf of the purchaser, for the purchase of tuition credits or tuition units.

History

  • Authority: The provisions of this Chapter 601 issued under the Tuition Account Program and College Savings Bond Act (24 P.
  • Source: The provisions of this Chapter 601 adopted August 20, 1993, effective September 1, 1993, 23 Pa.

Part XIX Criminal History Record Information

Chapter 701 Nurse Aide Training Program Applicant Criminal History Record Information

22 Pa. Code § 701.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Nurse Aide Resident Abuse Prevention Training Act (63 P. S. § § 671—680). Applicant—An individual applying for admission into a program. CHRI—Criminal History Record Information—A report of criminal history from the State Police or a statement that its central repository contains no information; or a report of criminal history from the Federal Bureau of Investigation, or a statement that its files contain no information. Department—The Department of Education of the Commonwealth. Enrollment—Approval of an applicant for admission in a program. Facility—An institution or agency that sponsors a program. Nurse aide—An individual providing nursing or nursing-related services to residents in a nursing facility or skilled nursing facility. The term does not include an individual who is a licensed health professional or an individual who volunteers to provide the services without monetary compensation. Program—The State approved nurse aide training program.

History

  • Authority: The provisions of this Chapter 701 issued under the Nurse Aide Resident Abuse Prevention Training Act (63 P.
  • Source: The provisions of this Chapter 701 adopted July 28, 2000, effective July 29, 2000, 30 Pa.
22 Pa. Code § 701.11 Submission of CHRI report.

The facility shall require an applicant to submit a CHRI report, which was obtained in the preceding 1-year period, prior to enrolling as a nurse aide student into the program, according to one of the following:

(1) The facility shall require all applicants who have resided in this Commonwealth for a minimum of 2 full years prior to their dates of application to obtain a CHRI report from the State Police.

(2) The facility shall require all applicants who have resided in this Commonwealth less than 2 full years prior to their dates of application to obtain a CHRI report from the Federal Bureau of Investigation by contacting the Department for the required form.

History

  • Authority: The provisions of this Chapter 701 issued under the Nurse Aide Resident Abuse Prevention Training Act (63 P.
  • Source: The provisions of this Chapter 701 adopted July 28, 2000, effective July 29, 2000, 30 Pa.
22 Pa. Code § 701.12 Receipt and review of CHRI report by facility.

In receiving and reviewing CHRI reports, the facility shall do the following:

(1) The facility administrator shall designate in writing the appropriate facility representative, to review the CHRI report for enrollment eligibility and maintain a copy of the designation in the facility’s file.

(2) The facility’s designated representative shall receive the applicant’s original CHRI report or a copy thereof.

(3) The facility’s designated representative shall review the CHRI report in the following manner:

(i) Sign and date a copy of the CHRI report.

(ii) Review the CHRI report for the offenses listed in § 701.13 (relating to nonacceptance of certain applicants).

(iii) Place the signed and dated copy of the CHRI report in a specific file for all CHRI reports.

This section cited in 22 Pa. Code § 701.16 (relating to violations).

History

  • Authority: The provisions of this Chapter 701 issued under the Nurse Aide Resident Abuse Prevention Training Act (63 P.
  • Source: The provisions of this Chapter 701 adopted July 28, 2000, effective July 29, 2000, 30 Pa.
22 Pa. Code § 701.13 Nonacceptance of certain applicants.

The facility and its designated representative may not enroll a nurse aide applicant whose CHRI report indicates the applicant has been convicted of any of the following offenses:

(1) An offense designated as a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101—780-144).

(2) An offense under one or more of the following provisions of 18 Pa.C.S. (relating to crimes and offenses):

(i) Chapter 25 (relating to criminal homicide).

(ii) Section 2702 (relating to aggravated assault).

(iii) Section 2901 (relating to kidnapping).

(iv) Section 2902 (relating to unlawful restraint).

(v) Section 3121 (relating to rape).

(vi) Section 3122.1 (relating to statutory sexual assault).

(vii) Section 3123 (relating to involuntary deviate sexual intercourse).

(viii) Section 3124.1 (relating to sexual assault).

(ix) Section 3125 (relating to aggravated indecent assault).

(x) Section 3126 (relating to indecent assault).

(xi) Section 3127 (relating to indecent exposure).

(xii) Section 3301 (relating to arson and related offenses).

(xiii) Section 3502 (relating to burglary).

(xiv) Section 3701 (relating to robbery).

(xv) A felony offense under Chapter 39 (relating to theft and related offenses) or two or more misdemeanors under Chapter 39.

(xvi) Section 4101 (relating to forgery).

(xvii) Section 4114 (relating to securing execution of documents by deception).

(xviii) Section 4302 (relating to incest).

(xix) Section 4303 (relating to concealing death of child).

(xx) Section 4304 (relating to endangering welfare of children).

(xxi) Section 4305 (relating to dealing in infant children).

(xxii) Section 4952 (relating to intimidation of witnesses or victims).

(xxiii) Section 4953 (relating to retaliation against witness or victim).

(xxiv) A felony offense under section 5902(b) (relating to prostitution and related offenses).

(xxv) Section 5903(c) or (d) (relating to obscene and other sexual materials and performances).

(xxvi) Section 6301 (relating to corruption of minors).

(xxvii) Section 6312 (relating to sexual abuse of children).

(3) A Federal or out-of-State offense similar in nature to those crimes listed under paragraph (1) or (2).

This section cited in 22 Pa. Code § 701.12 (relating to receipt and review of CHRI report by facility); and 22 Pa. Code § 701.16 (relating to violations).

History

  • Authority: The provisions of this Chapter 701 issued under the Nurse Aide Resident Abuse Prevention Training Act (63 P.
  • Source: The provisions of this Chapter 701 adopted July 28, 2000, effective July 29, 2000, 30 Pa.
22 Pa. Code § 701.14 Notification to applicant regarding CHRI report.

The facility shall notify the applicant in writing which is clear and understandable, if the decision not to admit the applicant is based in whole or in part on the CHRI report.

History

  • Authority: The provisions of this Chapter 701 issued under the Nurse Aide Resident Abuse Prevention Training Act (63 P.
  • Source: The provisions of this Chapter 701 adopted July 28, 2000, effective July 29, 2000, 30 Pa.
22 Pa. Code § 701.15 Confidentiality of information.

The facility shall establish a policy that ensures the confidentiality of the CHRI report by placing it in a locked file cabinet or similar storage area and ensuring that the CHRI report is not available to anyone who is not directly involved in evaluating the applications for enrollment into the program, except State and Federal personnel who monitor the program.

History

  • Authority: The provisions of this Chapter 701 issued under the Nurse Aide Resident Abuse Prevention Training Act (63 P.
  • Source: The provisions of this Chapter 701 adopted July 28, 2000, effective July 29, 2000, 30 Pa.
22 Pa. Code § 701.16 Violations.

(a) An individual who is responsible for reviewing and approving applications for enrollment into the program (that is, the facility’s designated representative) and who willfully fails to comply with § 701.12(2) and (3) or § 701.13 (relating to receipt and review of the CHRI report by facility; and nonacceptance of certain applicants) shall be subject to a civil penalty as provided for in § 701.21 (relating to responsibilities of the Department).

(b) A facility administrator who willfully fails to comply with § 701.12(1) shall be subject to a civil penalty as provided in § 701.21.

This section cited in 22 Pa. Code § 701.21 (relating to responsibilities).

History

  • Authority: The provisions of this Chapter 701 issued under the Nurse Aide Resident Abuse Prevention Training Act (63 P.
  • Source: The provisions of this Chapter 701 adopted July 28, 2000, effective July 29, 2000, 30 Pa.
22 Pa. Code § 701.21 Responsibilities of the Department.

(a) The Department will determine compliance violations.

(b) As part of the routine monitoring of facilities, the Department’s monitoring staff will record the name of the designated facility representative and review the facility’s files of all nurse aide students who are enrolled in the program after July 29, 2000.

(c) The Department will receive and investigate complaints which allege violations of the act or this chapter.

(d) Based upon the information gathered as part of its routine monitoring or its investigation of a complaint, the Department may hold a hearing to determine violations of § 701.16 (relating to violations).

(1) The procedures for the hearing will conform to 2 Pa.C.S. (relating to administrative law and procedure).

(2) After the hearing, the Department may assess a civil penalty of not more than $2,500 per violation.

This section cited in 22 Pa. Code § 701.16 (relating to violations).

History

  • Authority: The provisions of this Chapter 701 issued under the Nurse Aide Resident Abuse Prevention Training Act (63 P.
  • Source: The provisions of this Chapter 701 adopted July 28, 2000, effective July 29, 2000, 30 Pa.

Part XX Charter Schools

Chapter 711 Charter School and Cyber Charter School Services and Programs for Children with Disabilities

22 Pa. Code § 711.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Charter School Law (24 P.S. § § 17-1701-A—17-1723-A). Charter school—An independent public school established and operated under a charter from the local board of school directors and in which students are enrolled or attend. A charter school shall be organized as a public, nonprofit corporation. Charters may not be granted to any for-profit entity. Child with a disability—As defined in 34 CFR 300.8 (relating to child with a disability). Cyber charter school—As defined in section 1703-A of the act (24 P.S. § 17-1703-A). Department—The Department of Education of the Commonwealth. ESY—Extended school year. FAPE—Free appropriate public education. IDEA—Individuals with Disabilities Education Act (20 U.S.C.A. § § 1400—1419). IEP—Individualized education program.

Regional charter school—As defined in section 1703-A of the act. SEA—State education agency—The Department of Education of the Commonwealth. School entity—A school district, intermediate unit, joint school or area vocational technical school. Secretary—The Secretary of the Department. Section 504—Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794).

The provisions of this § 711.1 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.1 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279620).

This section cited in 22 Pa. Code § 10.2 (relating to definitions).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.2 Purposes and intent.

(a) This chapter specifies how the Commonwealth, through the Department, will meet its obligation to ensure that charter schools and cyber charter schools comply with IDEA and its implementing regulations in 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities), and Section 504 and its implementing regulations in 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance).

(b) This chapter does not prevent a charter school or cyber charter school and a school district from entering into agreements regarding the provision of services and programs to comply with this chapter, whether or not the agreements involve payment for the services and programs by the charter school or the cyber charter school.

(c) Charter schools and cyber charter schools are exempt from Chapter 14 (relating to special education services and programs). See 24 P.S. § 17-1732-A.

(d) Children with disabilities shall have access to the general curriculum, and participate in State and local assessments as established and described in Chapter 4 (relating to academic standards and assessment).

(e) The Department supports the use of prereferral intervention strategies, in accordance with 34 CFR 300.226 (relating to early intervening services) and as outlined in § 711.23(c) (relating to screening) to promote students’ success in the general education environment.

The provisions of this § 711.2 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.2 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial pages (279620) to (279621).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.3 Incorporation of Federal regulations.

(a) Charter schools and cyber charter schools assume the duty to ensure that a FAPE is available to a child with a disability in compliance with IDEA and its implementing regulations in 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) and section 504 and its implementing regulations in 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance).

(b) The requirements of 34 CFR Part 300 as published at 71 FR 46540—46845 (August 14, 2006), amended at 73 FR 73006—73029 (December 1, 2008) are incorporated by reference, as follows:

(1) 34 CFR 300.4—300.8(a) and (c) (relating to act; assistive technology device; assistive technology service; charter school; and child with a disability).

(2) 34 CFR 300.9—300.15 (relating to consent; core academic subjects; day; business day; school day; educational service agency; elementary school; equipment; and evaluation).

(3) 34 CFR 300.17—300.19 (relating to free appropriate public education; highly qualified special education teachers; and homeless children).

(4) 34 CFR 300.22 and 300.23 (relating to individualized education program; and individualized education program team).

(5) 34 CFR 300.27—300.30 (relating to limited English proficient; local educational agency; native language; and parent).

(6) 34 CFR 300.32—300.37 (relating to personally identifiable; public agency; related services; scientifically based research; and secondary school).

(7) 34 CFR 300.39 (relating to special education).

(8) 34 CFR 300.41—300.45 (relating to State educational agency; supplementary aids and services; transition services; universal design; and ward of the state).

(9) 34 CFR 300.101 and 34 CFR 300.102 (relating to free appropriate public education (FAPE); and limitation—exception to FAPE for certain ages).

(10) 34 CFR 300.104—300.108 (relating to residential placement; assistive technology; extended school year services; nonacademic services; and physical education).

(11) 34 CFR 300.113 and 300.114(a)(2) (relating to routine checking of hearing aids and external components of surgically implanted medical devices; and LRE requirements).

(12) 34 CFR 300.115—300.117 (relating to continuum of alternative placements; placements; and nonacademic settings).

(13) 34 CFR 300.122 (relating to evaluation).

(14) 34 CFR 300.148 (relating to placement of children by parents when FAPE is at issue).

(15) 34 CFR 300.160 (relating to participation in assessments).

(16) 34 CFR 300.172 (relating to access to instructional materials).

(17) 34 CFR 300.174 (relating to prohibition on mandatory medication).

(18) 34 CFR 300.207 (relating to personnel development).

(19) 34 CFR 300.210—300.213 (relating to purchase of instructional materials; information for SEA; public information; and records regarding migratory children with disabilities).

(20) 34 CFR 300.226 (relating to early intervening services).

(21) 34 CFR 300.300 and 300.301 (relating to parental consent; and initial evaluations).

(22) 34 CFR 300.302—300.307(a)(1)(2) and (b) (relating to screening for instructional purposes is not evaluation; reevaluations; evaluation procedures; additional requirements for evaluations and reevaluations; determination of eligibility; and specific learning disabilities).

(23) 34 CFR 300.308—300.311 (relating to additional group members; determining the existence of a specific learning disability; observation; and specific documentation for the eligibility determination).

(24) 34 CFR 300.320—300.325 (relating to definition of individualized education program; IEP Team; parent participation; when IEPs must be in effect; development, review, and revision of IEP; and private school placement by public agencies).

(25) 34 CFR 300.327 and 300.328 (relating to educational placements; and alternative means of meeting participation).

(26) 34 CFR 300.501—300.508 (relating to opportunity to examine records; parent participation in meetings; independent education evaluation; prior notice by the public agency, content of notice; procedural safeguards notice; electronic mail; mediation; filing a due process complaint; and due process complaint).

(27) 34 CFR 300.510—300.516 (relating to resolution process; impartial due process hearing; hearing rights; hearing decisions; finality of decision; appeal; partial review; timelines and convenience of hearings and reviews; and civil action).

(28) 34 CFR 300.518(a), (b) and (d) and 300.519 (relating to child’s status during proceedings; and surrogate parents).

(29) 34 CFR 300.530—300.537 (relating to authority of school personnel; determination of setting; appeal; placement during appeals; protections for children not determined eligible for special education and related services; referral to and action by law enforcement and judicial authorities; change of placement because of disciplinary removals; and state enforcement mechanisms).

(30) 34 CFR 300.610—300.625 (relating to confidentiality; definitions; notice to parents; access rights; record of access; records on more than one child; list of types and locations of information; fees; amendment of records at parent request; opportunity for a hearing; result of hearing; hearing procedures; consent; safeguards; destruction of information; and children’s rights).

(c) The requirements of 34 CFR Part 104 are incorporated by reference as follows:

(1) 104.3(f), (h)—(j), (k)(2) and (1) (relating to definitions).

(2) 104.4—104.8, regarding discrimination prohibited; assurances required; remedial action; designation of responsible employee; and notice.

(3) 104.10 (relating to effect of state or local law or other requirements and effect of employment opportunities).

(4) 104.11 and 104.12 (relating to discrimination prohibited; and reasonable accommodation).

(5) 104.21—104.37, regarding accessibility.

The provisions of this § 711.3 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.3 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4752. Immediately preceding text appears at serial pages (335463) to (335466).

This section cited in 22 Pa. Code § 711.4 (relating to supervision).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.4 Supervision.

(a) The Commonwealth, through the Department will provide general supervision of special education services and programs provided under this chapter to ensure that charter schools and cyber charter schools comply with § 711.3 (relating to incorporation of Federal regulations).

(b) The Department will supervise charter schools’ and cyber charter schools’ compliance with IDEA in accordance with the policies and procedures in the Department’s IDEA grant application under 34 CFR 300.100 (relating to eligibility for assistance) and as approved by the United States Department of Education.

(c) Charter schools and cyber charter schools shall:

(1) Comply with the Department’s compliance monitoring requirements.

(2) Provide the information requested by the Department.

(3) Complete the corrective action required by the Department.

The provisions of this § 711.4 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.4 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279622).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.5 Personnel.

(a) Appropriate certification required. Persons who provide special education or related services to children with disabilities in charter schools and cyber charter schools shall have appropriate certification, notwithstanding section 1724-A of the act (24 P.S. § 17-1724-A).

(b) Educational interpreters. An educational interpreter is an individual who provides students who are deaf or hard of hearing with interpreting or transliterating services in an educational setting. To serve as an educational interpreter at a charter school or cyber charter school, consistent with the Sign Language Interpreter/Transliterator State Registration Act (63 P.S. § § 1725.1—1725.12), an individual shall meet the qualifications in paragraph (1) or (2) and paragraph (3):

(1) Achieve and provide evidence of a score of 3.5 on the Educational Interpreter Performance Assessment (EIPA) for the appropriate grade level to which the person has been assigned.

(2) Be a qualified sign language interpreter or qualified transliterator under the Sign Language Interpreter or Transliterator State Registration Act and its implementing regulations.

(3) Provide evidence of a minimum of 20 hours of staff development activities relating to interpreting or transliterating services annually.

(c) Review of EIPA score. The Department, in consultation with the State Board of Education will review the EIPA score requirement every 2 years.

(d) Paraprofessionals.

(1) An instructional paraprofessional is a charter school or cyber charter school employee who works under the direction of a certificated staff member to support and assist in providing instructional programs and services to students with disabilities. This support and assistance includes one-on-one or group review of material taught by certificated staff, classroom management and implementation of positive behavior support plans. Services may be provided in a special education class, regular education class or other instructional setting as provided in the student’s IEP. Special education instructional paraprofessionals shall meet one of the following qualifications effective July 1, 2010:

(i) Have completed at least 2 years of postsecondary study.

(ii) Possess an associate degree or higher.

(iii) Meet a rigorous standard of quality as demonstrated through a State or local assessment.

(2) Nothing in subsection (a) should be construed to supersede the terms of a collective bargaining agreement in effect on July 1, 2008.

(3) Each school year, instructional paraprofessionals shall provide evidence of 20 hours of staff development activities related to their assignment.

(4) A personal care assistant provides one-to-one support and assistance to a student, including support and assistance in the use of medical equipment (for example, augmentative communication devices; activities of daily living; and monitoring health and behavior). A personal care assistant may provide support to more than one student, but not at the same time. Personal care assistants shall provide evidence of 20 hours of staff development activities related to their assignment each school year. The 20 hours of training may include training required by the school-based access program.

The provisions of this § 711.5 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.5 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279622).

This section cited in 34 Pa. Code § 501.5 (relating to exemptions).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.6 Annual report.

(a) The annual report required under section 1728-A(b) of the act (24 P.S. § 17-1728-A(b)) must include:

(1) The number of children with disabilities in special education.

(2) The services, programs and resources being implemented by the charter school or cyber charter school staff.

(3) The services and programs utilized by the charter school or the cyber charter school through contracting with another public agency, other organizations or individuals.

(4) The services and programs utilized by the charter school or the cyber charter school through the assistance of an intermediate unit as prescribed under sections 1725-A(a)(4) and 1744-A(3) of the act (24 P.S. § § 17-1725-A(a)(4)and 1744-A(3)).

(5) Staff training in special education utilized by the charter school or the cyber charter school through the Department’s training and technical assistance network and intermediate unit.

(b) The annual report must include an assurance that the charter school or the cyber charter school is in compliance with Federal laws and regulations governing children with disabilities and the requirements of this chapter.

(c) The annual report must include the age and type of exceptionality for each enrolled child with a disability; the level of intervention provided to each child with a disability; certification of staff providing services to each child with a disability; and programs and services available to children with a disability.

The provisions of this § 711.6 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.6 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial pages (279622) to (279623).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.7 Enrollment.

(a) A charter school or cyber charter school may not deny enrollment or otherwise discriminate in its admission policies or practices on the basis of a child’s disability or the child’s need for special education or supplementary aids or services.

(b) Subject to subsection (a), a charter school or cyber charter school may limit admission to a particular grade level or areas of concentration of the school such as mathematics, science or the arts. A charter school or cyber charter school may establish reasonable criteria to evaluate prospective students which shall be outlined in the school charter.

(c) A charter school or cyber charter school may not discriminate in its admission policies or practices on the basis of intellectual ability. Admission criteria may not include measures of achievement or aptitude.

The provisions of this § 711.7 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.7 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279623).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.8 Education records.

(a) When the educational records for a child with a disability are transferred from a public agency, private school, approved private school or private agency, to a charter school or cyber charter school, the public agency, private school, approved private school or private agency from which the child transferred shall forward all of the child’s educational records, including the most recent IEP, within 10 days after the public agency, private school, approved private school or private agency is notified in writing that the child is enrolled in a charter school or cyber charter school.

(b) When the educational records for a child with a disability are transferred to a public agency, private school, approved private school or private agency from a charter school or cyber charter school, the charter school or cyber charter school shall forward the child’s educational records, including the most recent IEP, within 10 school days after the charter school or cyber charter school is notified in writing that the child is enrolled at another public agency, private school, approved private school or private agency.

(c) Charter schools and cyber charter schools shall maintain educational records for children with disabilities consistent with the regulations for the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § § 1221 note and 1232g) in 34 CFR Part 99 (relating to family educational rights and privacy).

The provisions of this § 711.8 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.8 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial pages (279623) to (279624).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.9 Payments.

(a) The child’s school district of residence shall provide the special education payments required by section 1725-A(a)(3) of the act (24 P.S. § 17-1725-A(a)(3))to the charter school either when:

(1) A child with an IEP begins attending the charter school or cyber charter school.

(2) The charter school or cyber charter school has identified an enrolled child as a child with a disability under IDEA, has developed an IEP for the child and notifies the district of residence of the identification.

(b) When a child for whom a charter school or cyber charter school received the special education payment required under section 1725-A(a)(3) of the act enrolls in another public agency, private school or private agency, the charter school or cyber charter school shall immediately inform the child’s school district of residence that its payment responsibilities under section 1725-A(a)(3) of the act have ceased.

The provisions of this § 711.9 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.9 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279624).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.10 Complaint procedure.

The Department will establish a complaint procedure consistent with 34 CFR 300.151—300.153 (relating to adoption of State complaint procedures; minimum State complaint procedures; and filing a complaint) and disseminate notice of that procedure.

The provisions of this § 711.10 adopted under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.10 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593.

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.21 Child find.

(a) To enable the Commonwealth to meet its obligations under 34 CFR 300.111 (relating to child find), each charter school and cyber charter school shall establish written policies and procedures to ensure that all children with disabilities who are enrolled in the charter school or cyber charter school, and who are in need of special education and related services, are identified, located and evaluated.

(b) Each charter school’s or cyber charter school’s written policy must include:

(1) Public awareness activities sufficient to inform parents of children applying to or enrolled in the charter school or cyber charter school of available special education services and programs and how to request those services and programs. Written information shall be published in the charter school or cyber charter school handbook and web site.

(2) Systematic screening activities that lead to the identification, location and evaluation of children with disabilities enrolled in the charter school or cyber charter school.

The provisions of this § 711.21 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.21 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279624).

While a charter school has an obligation to a special education student who is enrolled in the charter school, as well as child find obligations, under this section chartering school districts may not require compliance with 22 Pa. Code Chapter 14 as charter schools are exempt from that chapter. Richard Allen Preparatory Charter Sch. v. Sch. Dist. of Philadelphia, 123 A.3d 1101 (Pa. Cmwlth. 2015).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.22 Reevaluation.

(a) The parent or teacher of a child with a disability has the right under 34 CFR Part 300.303(b) (relating to reevaluations) to request a reevaluation annually. More frequent reevaluations may only occur if the parent and charter school or cyber charter school agree. In addition to the requirements incorporated by reference in 34 CFR 300.303 (relating to reevaluation), reevaluation time line will be 60 calendar days, except that the calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term will not be counted.

(b) Charter schools and cyber charter schools shall reevaluate students with disabilities at least once every 3 years.

(c) Children with disabilities who are identified as having an intellectual disability shall be reevaluated at least once every 2 years.

The provisions of this § 711.22 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)) and sections 1701-A—1732-A, 1749-A(b)(8) and 1751-A of the Public School Code of 1949 (24 P.S. § § 17-1701-A— 17-1732-A, 17-1749-A(b)(8) and 17-1751-A).

The provisions of this § 711.22 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7487. Immediately preceding text appears at serial page (380001).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.23 Screening.

(a) Each charter school and cyber charter school shall establish a system of screening which may include prereferral intervention services to accomplish the following:

(1) Identification and provision of initial screening for students prior to referral for a special education evaluation, including those services outlined in subsection (c).

(2) Provision of peer support for teachers and other staff members to assist them in working effectively with students in the general education curriculum.

(3) Identification of students who may need special education services and programs.

(b) The screening process must include:

(1) Hearing and vision screening in accordance with section 1402 of the Public School Code of 1949 (24 P.S. § 14-1402) for the purpose of identifying students with hearing or vision difficulty so that they can be referred for assistance or recommended for evaluation for special education.

(2) Screening at reasonable intervals to determine whether all students are performing based on grade-appropriate standards in core academic subjects.

(c) Each charter school and cyber charter school may develop a program of prereferral intervention services. In the case of charter schools and cyber charter schools meeting the criteria in 34 CFR 300.646(b)(2) (relating to disproportionality), as established by the Department, the services are required and include:

(1) A verification that the student was provided with appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act (ESEA) (20 U.S.C.A. § 6368(3)), and appropriate instruction in math.

(2) For students with academic concerns, an assessment of the student’s performance in relation to State-approved grade level standards.

(3) For students with behavioral concerns, a systematic observation of the student’s behavior in the school environment where the student is displaying difficulty.

(4) A research-based intervention to increase the student’s rate of learning or behavior change based on the results of the assessments under paragraph (2) or (3), or both.

(5) Repeated assessments of achievement or behavior, or both, conducted at reasonable intervals, reflecting formal monitoring of student progress during the interventions.

(6) A determination as to whether the student’s assessed difficulties are the result of a lack of instruction or limited English proficiency.

(7) A determination as to whether the student’s needs exceed the functional ability of the regular education program to maintain the student at an appropriate instructional level.

(8) Documentation that information about the student’s progress as identified in paragraph (5) was periodically provided to the student’s parents.

(d) Screening or prereferral intervention activities may not serve as a bar to the right of a parent to request an evaluation, at any time, including prior to or during the conduct of screening or prereferral intervention activities.

The provisions of this § 711.23 adopted under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.23 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593.

This section cited in 22 Pa. Code § 711.2 (relating to purposes and intent).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.24 Evaluation.

(a) The group of qualified professionals, which reviews the evaluation materials to determine whether the child is a child with a disability under 34 CFR 300.306 (relating to determination of eligibility), must include a certified school psychologist when evaluating a child for autism, emotional disturbance, intellectual disability, multiple disabilities, other health impairments, specific learning disability or traumatic brain injury.

(b) In addition to the requirements incorporated by reference in 34 CFR 300.301 (relating to initial evaluations), the initial evaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60 calendar days after the agency receives written parental consent for evaluation, except that the calendar days from the day of the last day of the spring school term up to and including the day before the first day of the subsequent fall school term will not be counted.

(c) Parents may request an evaluation at any time, and the request must be in writing. The charter school or cyber charter school shall make the permission to evaluate form readily available for that purpose. If a request is made orally to any professional employee or administrator of the charter school or cyber charter school, that individual shall provide a copy of the permission to evaluate form to the parents within 10 calendar days of the oral request.

(d) Copies of the evaluation report shall be disseminated to the parents at least 10 school days prior to the meeting of the IEP team unless this requirement is waived by a parent in writing.

The provisions of this § 711.24 adopted under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)); and amended under sections 1701-A—1732-A, 1749-A(b)(8) and 1751-A of the Public School Code of 1949 (24 P.S. § § 17-1701-A—17-1732-A, 17-1749-A(b)(8) and 17-1751-A).

The provisions of this § 711.24 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7487. Immediately preceding text appears at serial pages (335473) to (335474).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.25 Criteria for the determination of specific learning disabilities.

Following are State-level criteria for determining the existence of a specific learning disability. Each charter school and cyber charter school shall develop procedures for the determination of specific learning disabilities that conform to criteria in this section. These procedures shall be included in the school’s charter application and annual report. To determine that a child has a specific learning disability, the charter school or cyber charter school shall:

(1) Address whether the child does not achieve adequately for the child’s age or meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and scientifically based instruction appropriate for the child’s age or State-approved grade-level standards:

(i) Oral expression.

(ii) Listening comprehension.

(iii) Written expression.

(iv) Basic reading skill.

(v) Reading fluency skills.

(vi) Reading comprehension.

(vii) Mathematics calculation.

(viii) Mathematics problem solving.

(2) Use one of the following procedures:

(i) A process based on the child’s response to scientific, research-based intervention, which includes documentation that:

(A) The student received high quality instruction in the general education setting.

(B) Research-based interventions were provided to the student.

(C) Student progress was regularly monitored.

(ii) A process that examines whether a child exhibits a pattern of strengths and weaknesses, relative to intellectual ability as defined by a severe discrepancy between intellectual ability and achievement, or relative to age or grade.

(3) Have determined that its findings under this section are not primarily the result of any of the following:

(i) A visual, hearing or orthopedic disability.

(ii) Intellectual disability.

(iii) Emotional disturbance.

(iv) Cultural factors.

(v) Environmental or economic disadvantage.

(vi) Limited English proficiency.

(4) Ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or mathematics by considering documentation that:

(i) Prior to, or as a part of, the referral process, the child was provided scientifically-based instruction in regular education settings, delivered by qualified personnel, as indicated by observations of routine classroom instruction.

(ii) Repeated assessments of achievement were conducted at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.

The provisions of this § 711.25 adopted under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)); and amended under sections 1701-A—1732-A, 1749-A(b)(8) and 1751-A of the Public School Code of 1949 (24 P.S. § § 17-1701-A—17-1732-A, 17-1749-A(b)(8) and 17-1751-A).

The provisions of this § 711.25 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7487. Immediately preceding text appears at serial pages (335474) to (335475).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.41 IEP.

(a) When a child with an IEP transfers to a charter school or cyber charter school, the charter school or cyber charter school is responsible upon enrollment for ensuring that the child receives special education and related services in conformity with the IEP, either by adopting the existing IEP or by developing a new IEP for the child in accordance with the requirements of IDEA.

(b) For students who are 14 years of age or older, the charter school or cyber charter school shall include a transition plan which includes appropriate measurable postsecondary goals related to training, education, employment and, when appropriate, independent living skills.

(c) The IEP of each student shall be implemented as soon as possible but no later than 10 school days after its completion.

The provisions of this § 711.41 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.41 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279625).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.42 Transportation.

(a) School districts shall provide transportation to students with disabilities eligible under IDEA and to protected handicapped students under Section 504, to the charter school in which they are enrolled, if the charter school is located in their school district of residence, a regional charter school of which the school district is a part or a charter school located outside district boundaries at a distance not exceeding 10 miles by the nearest public highway. This includes transportation to an ESY program, if that program is held at the charter school.

(b) Students with disabilities and Section 504 students may require modifications or accommodations for transportation to the charter school. Provision of modifications or accommodations, including specialized equipment and bus aides, in a student’s IEP or Section 504 Service Agreement, are the obligation of the charter school.

(c) Cyber charter school students are not required to attend a specific facility to receive their educational services. The act does not require that a student’s school district of residence provide transportation for cyber charter school students. If transportation is required as a related service in the IEP of the student with disabilities, who is enrolled in a cyber charter school, the cyber charter school shall provide the required transportation.

(d) This chapter does not prohibit a charter school or cyber charter school and a school district from entering into agreements regarding the provision of transportation as a related service or accommodation to children with disabilities eligible under IDEA, or students eligible under Section 504.

The provisions of this § 711.42 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.42 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279625).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.43 Educational placement.

When the IEP team at a charter school or cyber charter school places a child in another public agency, private school or private agency, and the parents choose to keep their child enrolled in the charter school or cyber charter school, the charter school or cyber charter school is obligated to pay for that placement.

The provisions of this § 711.43 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.43 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial page (279625).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.44 ESY.

(a) In addition to the requirements incorporated by reference in 34 CFR 300.106 (relating to extended school year services), charter schools and cyber charter schools shall use the following standards for determining whether a student with disabilities requires ESY as part of the student’s program:

(1) At each IEP meeting for a student with disabilities, the charter school or cyber charter school shall determine whether the student is eligible for ESY services and if so, make subsequent determinations about the services to be provided.

(2) In considering whether a student is eligible for ESY services, the IEP team shall consider the following factors, however, no single factor will be considered determinative:

(i) Whether the student reverts to a lower level of functioning as evidenced by a measurable decrease in skills or behaviors which occurs as a result of an interruption in educational programming (Regression).

(ii) Whether the student has the capacity to recover the skills or behavior patterns in which regression occurred to a level demonstrated prior to the interruption of educational programming (Recoupment).

(iii) Whether the student’s difficulties with regression and recoupment make it unlikely that the student will maintain the skills and behaviors relevant to IEP goals and objectives.

(iv) The extent to which the student has mastered and consolidated an important skill or behavior at the point when educational programming would be interrupted.

(v) The extent to which a skill or behavior is particularly crucial for the student to meet the IEP goals of self-sufficiency and independence from caretakers.

(vi) The extent to which successive interruptions in educational programming result in a student’s withdrawal from the learning process.

(vii) Whether the student’s disability is severe, such as autism/pervasive developmental disorder, serious emotional disturbance, severe intellectual disability, degenerative impairments with mental involvement and severe multiple disabilities.

(b) Reliable sources of information regarding a student’s educational needs, propensity to progress, recoupment potential and year to year progress may include the following:

(1) Progress on goals in consecutive IEPs.

(2) Progress reports maintained by educators, therapists and others having direct contact with the student before and after interruptions in the education program.

(3) Reports by parents of negative changes in adaptive behaviors or in other skill areas.

(4) Medical or other agency reports indicating degenerative-type difficulties, which become exacerbated during breaks in educational services.

(5) Observations and opinions by educators, parents and others.

(6) Results of tests, including criterion-referenced tests, curriculum-based assessments, ecological life skills assessments and other equivalent measures.

(c) The need for ESY services will not be based on any of the following:

(1) The desire or need for day care or respite care services.

(2) The desire or need for a summer recreation program.

(3) The desire or need for other programs or services that while they may provide educational benefit, are not required to ensure the provision of a FAPE.

(d) Students with severe disabilities such as autism/pervasive developmental disorder, serious emotional disturbance; severe intellectual disabilities; degenerative impairments with mental involvement; and severe multiple disabilities require expeditious determinations of eligibility for ESY services to be provided as follows:

(1) Parents of students with severe disabilities shall be notified by the charter school or cyber charter school of the annual review meeting to ensure their participation.

(2) An IEP review meeting must occur no later than February 28 of each school year for students with severe disabilities.

(3) The notice of recommended educational placement (NOREP) shall be issued to the parent no later than March 31 of the school year for students with severe disabilities.

(4) If a student with a severe disability transfers into a charter school or cyber charter school after the dates in paragraphs (2) and (3), and the ESY eligibility decision has not been made, the eligibility and program content must be determined at the IEP meeting.

(e) Charter schools and cyber charter schools shall consider the eligibility for ESY services of all students with disabilities at the IEP meeting. ESY determinations for students other than those described in subsection (d) are not subject to the time lines in subsection (d). However, these determinations shall still be made in a timely manner. If the parents disagree with the charter school’s or cyber charter school’s recommendation on ESY, the parents will be afforded an expedited due process hearing.

The provisions of this § 711.44 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)); and sections 1701-A—1732-A, 1749-A(b)(8) and 1751-A of the Public School Code of 1949 (24 P.S. § § 17-1701-A— 17-1732-A, 17-1749-A(b)(8) and 17-1751-A).

The provisions of this § 711.44 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7487. Immediately preceding text appears at serial pages (335476) to (335478).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.45 Access to instructional materials.

(a) The Department adopts the National Instructional Materials Accessibility Standard (NIMAS) as defined in section 674(e)(3)(B) of IDEA (20 U.S.C.A. § 1474(e)(3)(B), and set forth at 71 FR 41084 (July 19, 2006) for the purpose of providing print instructional materials in alternate accessible formats or specialized formats to blind persons or other persons with print disabilities in a timely manner. To insure the timely provision of high quality, accessible instructional materials to children who are blind or other persons with print disabilities, charter schools and cyber charter schools shall adopt the NIMAS. The NIMAS refers to a standard for source files of print instructional materials created by publishers that may be converted into accessible instructional materials.

(b) Charter schools and cyber charter schools shall, in a timely manner, provide print instructional materials in specialized, accessible formats (that is, Braille, audio, digital, large-print, and the like) to children who are blind or other persons with print disabilities, as defined in 2 U.S.C.A. § 135a regarding books and sound reproduction records for blind and other physically handicapped residents annual appropriations and purchases.

(c) Charter schools and cyber charter schools act in a timely manner in providing instructional materials under subsection (a) if they take all reasonable steps to ensure that children who are blind or other persons with print disabilities have access to their accessible format instructional materials at the same time that students without disabilities have access to instructional materials. Charter schools and cyber charter schools may not withhold instructional materials from other students until instructional materials in accessible formats are available.

(d) Receipt of a portion of the instructional materials in alternate accessible or specialized format shall be considered receipt in a timely manner if the material received covers the chapters that are currently being taught in the student’s class.

(e) If a child who is blind or other person with a print disability enrolls in school after the start of the school year, a charter school or cyber charter school shall take all reasonable steps to ensure that the student has access to accessible format instructional materials within 10 school days from the time it is determined that the child requires printed instructional materials in an alternate accessible or specialized format.

(f) The Department, charter schools or cyber charter schools may coordinate with the National Instructional Materials Access Center (NIMAC) to facilitate the production of and delivery of accessible materials to children who are blind or other persons with print disabilities. The NIMAC refers to the central repository, established under section 674(e) of IDEA (20 U.S.C.A. § 1474(e)), which is responsible for processing, storing and distributing NIMAS files of textbooks and core instructional materials.

(g) Charter schools and cyber charter schools coordinating with NIMAC shall require textbook publishers to deliver the contents of print instructional materials to the NIMAC in NIMAS format files on or before delivery of the print instructional materials to the charter schools or cyber charter schools. Charter schools or cyber charter schools that choose not to coordinate with NIMAC may require that publishers deliver the contents of print instructional materials to the NIMAC in NIMAS format files on or before delivery of the print instructional materials to the charter schools or cyber charter schools.

The provisions of this § 711.45 adopted under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.45 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593.

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.46 Positive behavior support.

(a) Positive rather than negative measures shall form the basis of positive behavior support programs to ensure that all students shall be free from demeaning treatment, the use of aversive techniques and the unreasonable use of restraints. Behavior support programs must include research based practices and techniques to develop and maintain skills that will enhance an individual student’s opportunity for learning and self-fulfillment. Behavior support programs and plans shall be based on a functional assessment of behavior and utilize positive behavior techniques. When an intervention is needed to address problem behavior, the types of intervention chosen for a particular student must be the least intrusive necessary. The use of restraints is considered a measure of last resort, only to be used after other less restrictive measures, including deescalation techniques in accordance with subsection (c)(2).

(b) Notwithstanding the requirements incorporated by reference in 34 CFR 300.34, 300.324, 300.530 (relating to related services; development, review, and revision of IEP; and authority of school personnel), with regard to a child’s behavior, the following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Aversive techniques—Deliberate activities designed to establish a negative association with a specific behavior. Positive behavior support plan—A plan for students with disabilities who require specific intervention to address behavior that interferes with learning. A positive behavior support plan shall be developed by the IEP team, be based on a functional behavior assessment and become part of the student’s IEP. These plans include methods that utilize positive reinforcement and other positive techniques to shape a student’s behavior, ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards. Restraints—

(i) The application of physical force, with or without the use of a device, for the purpose of restraining the free movement of a student’s body. The term does not include briefly holding, without force, a student to calm or comfort him, guiding a student to an appropriate activity, or holding a student’s hand to safely escort him from one area to another.

(ii) Excluded from this definition are hand-over-hand assistance with feeding or task completion and techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatment, as agreed to by the student’s parents and specified in the IEP. Devices used for physical or occupational therapy, seatbelts in wheel chairs or on toilets used for balance and safety, safety harnesses in buses, and functional positioning devices are examples of mechanical restraints which are excluded from this definition, and governed by subsection (d).

(c) Restraints to control acute or episodic aggressive or self-injurious behavior may be used only when the student is acting in a manner as to be a clear and present danger to himself, to other students or to employees, and only when less restrictive measures and techniques have proven to be or are less effective.

(1) The use of restraints to control the aggressive behavior of an individual student shall cause the charter school or cyber charter school to notify the parent of the use of restraint and shall cause a meeting of the IEP team within 10 school days of the inappropriate behavior causing the use of restraints, unless the parent, after written notice, agrees in writing to waive the meeting. At this meeting, the IEP team shall consider whether the student needs a functional behavioral assessment, reevaluation, a new or revised positive behavior support plan or a change of placement to address the inappropriate behavior.

(2) The use of restraints may only be included in a student’s IEP when:

(i) Utilized with specific component elements of positive behavior support.

(ii) Used in conjunction with the teaching of socially acceptable alternative skills to replace problem behavior.

(iii) Staff are authorized to use the procedure and have received the staff training required.

(iv) There is a plan in place for eliminating the use of restraint through the application of positive behavior support.

(3) The use of prone restraints is prohibited in educational programs. Prone restraints are those in which a student is held face down on the floor.

(4) The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program or employed as punishment.

(5) Charter schools and cyber charter schools shall maintain and report data on the use of restraints as prescribed by the Secretary. The report will be reviewed during cyclical compliance monitoring conducted by the Department.

(d) Mechanical restraints, which are used to control involuntary movement or lack of muscular control of students when due to organic causes or conditions, may be employed only when specified by an IEP and as determined by a medical professional qualified to make the determination, and as agreed to by the student’s parents. Mechanical restraints must prevent a student from injuring himself or others or promote normative body positioning and physical functioning.

(e) The following aversive techniques of handling behavior are considered inappropriate and may not be used by charter schools or cyber charter schools in educational programs:

(1) Corporal punishment.

(2) Punishment for a manifestation of a student’s disability.

(3) Locked rooms, locked boxes or other locked structures or spaces from which the student cannot readily exit.

(4) Noxious substances.

(5) Deprivation of basic human rights, such as withholding meals, water or fresh air.

(6) Suspensions constituting a pattern.

(7) Treatment of a demeaning nature.

(8) Electric shock.

(f) Charter schools and cyber charter schools have the primary responsibility for ensuring that behavior support programs are in accordance with this chapter, including the training of personnel for the use of specific procedures, methods and techniques, and for having a written policy and procedures on the use of behavior support techniques and obtaining parental consent prior to the use of restrictive or intrusive procedures or restraints.

(g) Charter schools and cyber charter schools may convene a review, including the use of human rights committees, to oversee the use of restrictive or intrusive procedures or restraints.

(h) Subsequent to a referral to law enforcement, for a student with a disability who has a positive behavior support plan, an updated functional behavior assessment and positive behavior support plan shall be required.

The provisions of this § 711.46 adopted under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.46 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593.

This section cited in 22 Pa. Code § 10.2 (relating to definitions); 22 Pa. Code § 10.23 (relating to response and handling of a student with a disability); and 22 Pa. Code Appendix A (relating to model memorandum of understanding).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.61 Suspension and expulsion.

(a) For purposes of this chapter, the terms ‘‘suspension’’ and ‘‘expulsion’’ have the meanings set forth in § 12.6 (relating to exclusions from school).

(b) Charter schools and cyber charter schools shall comply with Chapter 12 (relating to students) and 34 CFR 300.530—300.537, regarding discipline procedures.

(c) Any removal from the current educational placement is a change of placement for a student who is identified with an intellectual disability.

(d) When a child with a disability has been expelled from a charter school or cyber charter school, the charter school or cyber charter school shall provide the child with a disability with the education required under § 12.6(e) until the charter school or cyber charter school is notified in writing that the child is enrolled in another public agency, private school, approved private school or private agency.

(e) Notwithstanding the requirements incorporated by reference in 34 CFR 300.530(b) and 300.536 (relating to authority of school personnel; and change of placement because of disciplinary removals), a disciplinary exclusion of a student with a disability for more than 15 cumulative school days in a school year will be considered a pattern so as to be deemed a change in educational placement.

The provisions of this § 711.61 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)); and sections 1701-A—1732-A, 1749-A(b)(8) and 1751-A of the Public School Code of 1949 (24 P.S. § § 17-1701-A— 17-1732-A, 17-1749-A(b)(8) and 17-1751-A).

The provisions of this § 711.61 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7487. Immediately preceding text appears at serial pages (363330) and (360543).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.
22 Pa. Code § 711.62 Procedural safeguards.

(a) The charter school or cyber charter school shall ensure that procedures are established and implemented to allow parties to disputes regarding any matter described in 34 CFR 300.503(a)(1) (relating to prior notice by the public agency, content of notice), to resolve the dispute through a mediation process that, at a minimum, must be available whenever a hearing is requested under 34 CFR 300.507 (relating to filing a due process complaint) or 34 CFR 300.530—300.537, regarding discipline procedures.

(b) The following apply to coordination services for special education and Section 504 hearings and to hearing officers:

(1) The Secretary may contract for coordination services in support of hearings conducted by local charter schools or cyber charter schools. The coordination services shall be provided on behalf of charter schools or cyber charter schools and may include arrangements for stenographic services, arrangements for hearing officer services, scheduling of hearings and other functions in support of procedural consistency and the rights of the parties to hearings.

(2) A hearing officer may not be an employee or agent of a charter school or cyber charter school which is responsible for the education of the student, or of the school district in which the parents or student reside or of any other agency which is responsible for the education or care of the student. A hearing officer shall promptly inform the parties of a personal or professional relationship the officer has or has had with any of the parties.

(c) A charter school or cyber charter school may request a hearing to proceed with an initial evaluation or a reevaluation when a parent fails to respond to the charter school’s or cyber charter school’s evaluation or reevaluation. When a parent rejects the charter school’s or cyber charter school’s proposed identification of a child, proposed evaluation, proposed provision of a FAPE or proposed educational placement, other than the initial placement, the charter school or cyber charter school may request an impartial due process hearing. If the parent fails to respond or refuses to consent to the initial provision of special education services, neither due process nor mediation may be used to obtain agreement or a ruling that the services may be provided.

(d) The following time line applies to due process hearings:

(1) A hearing shall be held after the conclusion of the resolution session under 34 CFR 300.510 (relating to resolution process) or after one of the parties withdraws from mediation or the parties agree to waive or end the resolution session.

(2) The hearing officer’s decision shall be issued within 45 days after the resolution or mediation session ends without resolution or agreement date.

(e) Except as provided by 34 CFR 300.533 (relating to placement during appeals), during the pendency of any mediation proceeding conducted in accordance with 34 CFR 300.506 (relating to mediation), unless the charter school or cyber charter school and the parents of the child agree otherwise, the child that is the subject of the mediation shall remain in the child’s then current education placement until the mediation process is concluded.

(f) The resolution session required by 34 CFR 300.510 shall be available to parents of both school age and eligible young children with disabilities. Parent advocates may attend the sessions.

The provisions of this § 711.62 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).

The provisions of this § 711.62 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial pages (279627) to (279628).

History

  • Authority: The provisions of this Chapter 711 issued under sections 1701-A—1732-A of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 711 adopted June 8, 2001, effective June 9, 2001, 31 Pa.

Part XXII Early Warning system

Chapter 731 Early Warning System—Statement of Policy

22 Pa. Code § 731.1 Technical assistance.

The Department of Education will follow the process outlined as follows in identifying, notifying and providing technical assistance to school districts:

(1) Compile and maintain data and current information on the financial condition of school districts.

(2) Regularly analyze the financial condition of school districts.

(3) Identify school districts potentially subject to being identified as in financial watch status and therefore eligible to receive technical assistance from the Department.

(i) Level 1 Analysis—Early Warning System Components.

(ii) Level 2 Analysis—School district-provided current financial data.

(iii) Level 3 Analysis—Determination of financial watch status.

(4) Officially notify school districts in financial watch status and request additional information, if necessary, to conduct reviews of the financial condition of school districts.

(5) Provide technical assistance to school districts in financial watch status.

History

  • Authority: The provisions of this Chapter 731 issued under section 611-A(c)(1) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 731 adopted September 7, 2012, effective September 8, 2012, 42 Pa.
22 Pa. Code § 731.2 Early Warning System.

Following are the guidelines of the Early Warning System.

I. Level 1 Analysis—Early Warning System Components

The Department will consider Budget and Other Financial Data, Additional Data relevant to financial condition, including Fiscal Measures and Socioeconomic Data, Act 47 Status of the host municipality, and Factors for Financial Recovery Status as part of the early warning system.

The variables below were tested for validity and reliability by applying an examination of the criteria to school districts across the Commonwealth. The Department will continuously monitor the variables to assure their effectiveness.

A. Budget and other financial data

Components in this level will be calculated from the most recent school district-reported data submitted to the Pennsylvania Department of Education on the Annual Financial Report. The Department will analyze and compile and review this data to identify trends which may indicate challenging financial circumstances and/or a troubling financial outlook for a school district.

The following components will be considered in this initial analysis: Fund Balance Ratio, Borrowing Base Capacity, and Debt Ratio. A Basic Education Funding advance or a bond intercept payment may also be considered in the initial analysis.

  1. Fund Balance Ratio. Fund balance ratio indicates how much cash the school district has on hand in the event that an unanticipated need arises. A higher fund balance ratio indicates a greater ability to meet fiscal obligations. The fund balance ratio will be calculated by: a school district’s total assets minus its total liabilities divided by the total general fund expenditures.

  2. Borrowing Base Capacity Available. Borrowing base capacity indicates to what extent a school district, according to law, can incur additional debt. A higher borrowing base capacity available indicates a greater ability to borrow more money. The borrowing base capacity will be calculated by: a school district’s total debt that can be incurred minus the total outstanding debt, divided by the total amount of debt that can be incurred, according to the Local Government Unit Debt Act (LGUDA).

  3. Debt Ratio. Debt ratio can be used to determine the school district’s ability to be approved to add additional debt. A lower debt ratio indicates increased ability to incur more debt. Debt ratio will be calculated by: a school district’s total debt service payments divided by total expenditures (for all funds). A three-year average will be used.

  4. Advance BEF/Basic Education Funding. BEF allocation payment made, pursuant to School Code section 2517(e), in advance of the dates set forth in section 2517(c) may indicate a decreased ability to meet fiscal obligations. Basic Education Funding advances may be a warning sign that a school district is experiencing difficulty managing its cash flow.

  5. Bond Intercept. An agreement entered into between a school district, the Department of Education and a bond trustee to have the Department make bond payments directly to a trustee via deduction from the school district’s subsidies. Bond intercept payments may indicate decreased ability to meet fiscal obligations.

B. Additional data relevant to financial condition

  1. Fiscal measures and socioeconomic data. The following other fiscal and socioeconomic components will be analyzed: Market Value/MV/Personal Income (PI) Aid Ratio, Equalized Mills and School Tax Ratio.

a. Market Value (MV)/Personal Income (PI) Aid Ratio. A school district’s combined market value (MV) and personal income (PI) wealth for each resident student as compared to the state average. The lower the MV/PI Aid Ratio, the less dependent the school district is on state funding. Market value/personal income aid ratio demonstrates the financial ‘‘wealth’’ of a school district.

b. Equalized Mills. A school district’s total taxes collected divided by its taxable market value as certified by the State Tax Equalization Board. A higher equalized mills ranking indicates a greater taxation effort on the part of taxpayers when compared to other school districts. High equalized mills indicate a decreased ability to raise additional funds via taxes. Equalized mills compare the property tax burden in the school district against all other school districts in Pennsylvania. This indicator shows, in relative terms, how this school district’s tax burden is ranked based on property values.

c. School Tax Ratio. A school district’s total taxes collected divided by the personal income of its resident taxpayers. A higher school tax ratio indicates a greater taxation effort on the part of taxpayers when compared to other school districts. High school tax ratio indicates a decreased ability to raise additional funds via taxes. School tax ratio compares the personal income tax burden in the school district against all other school districts in Pennsylvania. This indicator puts, in relative terms, how this school district’s tax burden is ranked based on personal income.

  1. Act 47 status. The Department will also consider whether any political subdivision located within the school district is declared as financially distressed by the Pennsylvania Department of Community and Economic Development under the Financially Distressed Municipalities Act (Act of 1987, P. L. 246, No. 47), also known as Act 47.

  2. Factors for financial recovery status. The Department may include in its analysis of early warning system components the factors the Secretary may consider in determining whether to issue a declaration that a school district is in financial recovery status pursuant to section 621-A(a)(2)(l) of the School District Financial Recovery Act.

II. Level 2 Analysis—School district-provided current financial data

A. Upon completion of the Level 1 analysis, the Department will determine if a school district may be experiencing financial difficulty. Affected school districts will be contacted by the Department and will be asked to provide additional, current information about their financial status. The Department may require information including, but not limited to:

  1. Current Budget

  2. Cash Flow analysis

  3. Fund balances

  4. Status of audits

Per the timeline in Act 141, a school district will have 15 days to respond to the Department’s request.

B. Upon receipt of the additional financial data, the Department will, working directly with the school district, ensure the accuracy and timeliness of the data, analyze the data, and share the results of the analysis with the school district superintendent.

C. As part of the information gathering process, the Department may consult with and interview school district officials as needed.

III. Level 3 Analysis—Determination of Financial Watch Status

A. Based on the Department’s analysis of Level 1 and Level 2 information, the Department may decide to monitor the school district or designate the school district as being in financial watch status.

B. Notification—The Department will notify the school district, including the superintendent, Board President and Solicitor, if the school district is designated as being in financial watch status.

C. Technical Assistance—The Department will provide technical assistance to any school district designated as being in financial watch status.

History

  • Authority: The provisions of this Chapter 731 issued under section 611-A(c)(1) of the Public School Code of 1949 (24 P.
  • Source: The provisions of this Chapter 731 adopted September 7, 2012, effective September 8, 2012, 42 Pa.

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