Pennsylvania Act 1990-76 — ENGLISH FLUENCY IN HIGHER EDUCATION ACT

Act text

ENGLISH FLUENCY IN HIGHER EDUCATION ACT
                  Act of Jul. 9, 1990, P.L. 336, No. 76               Cl. 24
                                  AN ACT

     Requiring institutions of higher education to evaluate their
        faculties for fluency in the English language; providing for
        certifications as to that fluency; imposing penalties; and
        conferring powers and duties upon the State Board of
        Education.

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

     Section 1.  Short title.
        This act shall be known and may be cited as the English
     Fluency in Higher Education Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Board."  The State Board of Education. "Department."  The
        Department of Education of the Commonwealth.
        "Instructional faculty."  Every member of an institution of
     higher education, other than visiting faculty but including
     graduate teaching assistants, who teaches one or more
     undergraduate credit courses at a campus of that institution
     within this Commonwealth except:
            (1)  such courses that are designed to be taught
        predominately in a foreign language;
            (2)  student participatory and activity courses such as
        clinics, studios, seminars and laboratories;
            (3)  special arrangement courses such as individualized
        instruction and independent study courses; and
            (4)  continuing education courses.
     Section 3.  Evaluation of fluency.
        Each institution of higher education operating in this
     Commonwealth shall evaluate its instructional faculty for
     fluency in the English language in the classroom. Such fluency
     shall be evaluated using varied and appropriate criteria, such
     as personal interviews, peer, alumni and student observations
     and evaluations, publications, professional presentations, tests
     or any other appropriate criteria which effectively evaluates
     such fluency.
     Section 4.  Certification.
        By September 1 of each year, each institution of higher
     education operating in this Commonwealth must file with the
     department a certification stating that the instructional
     faculty members hired either since the effective date of this
     act or hired subsequent to the last annual certification are
     fluent in the English language, as provided in section 3.
     Section 5.  Noncompliance.
        If an institution of higher education operating in this
     Commonwealth does not comply with section 4, the Secretary of
     Education may impose a $10,000 penalty for each course taught by
     an uncertified faculty member, as provided for in sections 3 and
     4.
     Section 6.  Regulations.
        The board shall promulgate regulations to implement sections
     4 and 5.
     Section 7.  Effective date.
        This act shall take effect in 60 days.