PRIOR PRINTER'S NOS. 666, 1975, 2227 PRINTER'S NO. 2262
No. 601 Session of 1997
INTRODUCED BY LYNCH, HUTCHINSON, McILHATTAN, SURRA, SCRIMENTI,
BATTISTO, ITKIN, ARGALL, STEELMAN, TRELLO, HENNESSEY,
SEYFERT, ROBERTS AND COWELL, FEBRUARY 13, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 29, 1997
AN ACT
1 Providing for community education councils and for powers and <--
2 duties of community education councils.
3 It is the intent of the General Assembly, through this act,
4 to provide for postsecondary education services in educationally
5 underserved areas of this Commonwealth through the creation of
6 community education councils. In light of the increasing
7 emphasis on advanced degrees and retraining in the work force,
8 this act seeks to provide access to postsecondary educational
9 opportunities that are appropriate to the needs of the local
10 community. The councils will assess the regional needs and
11 interests of potential students as well as those of employers in
12 the community.
13 AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN <--
14 ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
15 PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
16 SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
17 LAWS RELATING THERETO," PROVIDING FOR COMMUNITY EDUCATION
18 COUNCILS, FOR POWERS AND DUTIES OF COMMUNITY EDUCATION
19 COUNCILS, FOR MAXIMUM CLASS SIZES IN CERTAIN CLASSROOMS; AND
20 MAKING APPROPRIATIONS.
21 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Short title. <--
3 This act shall be known and may be cited as the Community
4 Education Council Act.
5 Section 2. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Community education council." A nonprofit institutionally
10 neutral educational organization, governed by a community-based
11 board of directors, which serves to provide access to
12 postsecondary education and training resources for citizens in
13 educationally underserved areas of this Commonwealth.
14 "Educationally underserved area." An area designated by the
15 Secretary of Education of the Commonwealth as an adult
16 education, continuing education and/or postsecondary education
17 shortage area using criteria which take into account special
18 barriers to the provision of education services.
19 "Institutionally neutral." Having no exclusive legal
20 affiliation with any provider of postsecondary education or a
21 branch campus, branch location or outreach center of a provider
22 of postsecondary education.
23 "Postsecondary education resources." The term includes, but
24 is not limited to, area vocation-technical schools, degree-
25 granting institutions of higher education accredited by an
26 accrediting agency recognized by the Federal Government,
27 institutions licensed under the act of December 15, 1986
28 (P.L.1585, No.174), known as the Private Licensed Schools Act,
29 professional, vocational or occupational certification or
30 licensure programs, and educational technology.
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1 "Secretary." The Secretary of Education of the Commonwealth.
2 Section 3. Recognition and approval of community education
3 councils; withdrawal of recognition and approval.
4 (a) Formal recognition and community need procedures.--The
5 secretary shall establish procedures and criteria for formally
6 recognizing existing community education councils under this
7 act. The secretary shall also establish procedures and criteria
8 for the assessment of community need and approval of additional
9 councils, such approval to be conditioned upon the appropriation
10 of additional State funding necessary for those new councils.
11 (b) Procedures for withdrawal of recognition.--The secretary
12 shall also establish procedures for withdrawing formal
13 recognition and approval of any council covered by subsection
14 (a).
15 (c) Duration of withdrawal of recognition and approval.--
16 Withdrawal of recognition and approval of a council shall last
17 until expiration of the Commonwealth's current fiscal year,
18 after which time the secretary may reconsider the council for
19 inclusion in the State allocation of funds. If funds have been
20 allocated for the current fiscal year, a council whose
21 recognition and approval subsequently have been withdrawn shall
22 return the proportionate share of annual allocations to the
23 secretary for the remainder of the fiscal year.
24 Section 4. State funds.
25 (a) Allocation.--
26 (1) The secretary, upon consultation with approved
27 councils, shall be responsible for the allocation of State
28 funding among community education councils approved under
29 this act.
30 (2) The allocation may not exceed 80% of the council's
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1 projected total expenditures for the fiscal year of
2 allocation.
3 (b) Use of funds.--Community education councils shall use
4 allocated State funds to meet the cost of operation, including,
5 but not limited to, personnel, rent, utilities, insurance,
6 supplies, equipment and technology needs, staff development,
7 marketing, maintenance and instructional services.
8 Section 5. Purpose of community education council.
9 (a) Access to opportunities.--The purpose of a community
10 education council shall be to identify, implement and oversee
11 new or innovative efforts to provide access to postsecondary
12 education opportunities in educationally underserved communities
13 within this Commonwealth.
14 (b) Types of opportunities.--Postsecondary educational
15 opportunities may include, but are not limited to, any of the
16 following:
17 (1) Programs, courses or classes leading to
18 professional, vocational or occupational certification or
19 licensure, an associate degree, a bachelor's degree or a
20 master's degree.
21 (2) GED preparation.
22 (3) Skill development or skill enhancement for the
23 community work force.
24 (c) Provision of resources.--A second function of a
25 community education council shall be to assist in the provision
26 of resources and to serve as a vehicle for employment
27 opportunities which meet the community's current and future
28 economic development needs.
29 Section 6. Board of directors.
30 (a) Establishment of policies.--The policies of any
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1 community education council established under this act shall be
2 administered and supervised by a community-based board of
3 directors.
4 (b) Powers and duties.--The board of directors shall, for
5 purposes of operating and maintaining a community education
6 council, have the following powers and duties:
7 (1) To hold, rent, lease, sell, purchase and improve
8 buildings, furnishings, equipment, materials, books and
9 supplies.
10 (2) To enter into contracts or agreements for services
11 with postsecondary institutions, other educational providers
12 or local government agencies in order to carry out the intent
13 and purposes of this act.
14 (3) To accept and receive gifts of real and personal
15 property.
16 (4) To apply for Federal, State and local funds and
17 grants and to expend funds obtained from these sources.
18 (5) To determine the needs and aspirations of potential
19 students and employers in the community.
20 (6) To make policies providing for identification of
21 students, programs, courses or classes to be offered and any
22 other matters related to administration of the community
23 education council.
24 (7) To hire employees to conduct the day-to-day
25 operations and carry out the policy of the board.
26 (8) To exercise such other powers and perform such other
27 duties as are necessary to effect the intent and purposes of
28 this act.
29 Section 7. Effective date.
30 This act shall take effect July 1, 1998.
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1 SECTION 1. THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN <--
2 AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY ADDING AN
3 ARTICLE TO READ:
4 ARTICLE XIX-D.
5 COMMUNITY EDUCATION COUNCIL.
6 SECTION 1901-D. DECLARATION OF POLICY.--IT IS THE INTENT OF
7 THE GENERAL ASSEMBLY, THROUGH THIS ARTICLE, TO PROVIDE FOR
8 POSTSECONDARY EDUCATION SERVICES IN EDUCATIONALLY UNDERSERVED
9 AREAS OF THIS COMMONWEALTH THROUGH THE CREATION OF COMMUNITY
10 EDUCATION COUNCILS. IN LIGHT OF THE INCREASING EMPHASIS ON
11 ADVANCED DEGREES AND RETRAINING IN THE WORK FORCE, THIS ARTICLE
12 SEEKS TO PROVIDE ACCESS TO POSTSECONDARY EDUCATIONAL
13 OPPORTUNITIES THAT ARE APPROPRIATE TO THE NEEDS OF THE LOCAL
14 COMMUNITY. THE COUNCILS WILL ASSESS THE REGIONAL NEEDS AND
15 INTERESTS OF POTENTIAL STUDENTS AS WELL AS THOSE OF EMPLOYERS IN
16 THE COMMUNITY.
17 SECTION 1902-D. DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE:
18 (1) "COMMUNITY EDUCATION COUNCIL." A NONPROFIT
19 INSTITUTIONALLY NEUTRAL EDUCATIONAL ORGANIZATION, GOVERNED BY A
20 COMMUNITY-BASED BOARD OF DIRECTORS, WHICH SERVES TO PROVIDE
21 ACCESS TO POST-SECONDARY EDUCATION AND TRAINING RESOURCES FOR
22 CITIZENS IN EDUCATIONALLY UNDERSERVED AREAS OF THIS
23 COMMONWEALTH.
24 (2) "EDUCATIONALLY UNDERSERVED AREA." AN AREA DESIGNATED BY
25 THE SECRETARY OF EDUCATION OF THE COMMONWEALTH AS AN ADULT
26 EDUCATION, CONTINUING EDUCATION AND/OR POST-SECONDARY EDUCATION
27 SHORTAGE AREA USING CRITERIA WHICH TAKE INTO ACCOUNT SPECIAL
28 BARRIERS TO THE PROVISION OF EDUCATION SERVICES.
29 (3) "INSTITUTIONALLY NEUTRAL." HAVING NO EXCLUSIVE LEGAL
30 AFFILIATION WITH ANY PROVIDER OF POST-SECONDARY EDUCATION OR A
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1 BRANCH CAMPUS, BRANCH LOCATION OR OUTREACH CENTER OF A PROVIDER
2 OF POSTSECONDARY EDUCATION.
3 (4) "POST-SECONDARY EDUCATION RESOURCES." THE TERM
4 INCLUDES, BUT IS NOT LIMITED TO, AREA VOCATIONAL-TECHNICAL
5 SCHOOLS, DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION
6 ACCREDITED BY AN ACCREDITING AGENCY RECOGNIZED BY THE FEDERAL
7 GOVERNMENT, INSTITUTIONS LICENSED UNDER THE ACT OF DECEMBER 15,
8 1986 (P.L.1585, NO.174), KNOWN AS THE "PRIVATE LICENSED SCHOOLS
9 ACT", PROFESSIONAL, VOCATIONAL OR OCCUPATIONAL CERTIFICATION OR
10 LICENSURE PROGRAMS, AND EDUCATIONAL TECHNOLOGY.
11 (5) "SECRETARY." THE SECRETARY OF EDUCATION OF THE
12 COMMONWEALTH.
13 SECTION 1903-D. RECOGNITION AND APPROVAL OF COMMUNITY
14 EDUCATION COUNCILS; WITHDRAWAL OF RECOGNITION AND APPROVAL.--(A)
15 THE SECRETARY SHALL ESTABLISH PROCEDURES AND CRITERIA FOR
16 FORMALLY RECOGNIZING EXISTING COMMUNITY EDUCATION COUNCILS UNDER
17 THIS ARTICLE. THE SECRETARY SHALL ALSO ESTABLISH PROCEDURES AND
18 CRITERIA FOR THE ASSESSMENT OF COMMUNITY NEED AND APPROVAL OF
19 ADDITIONAL COUNCILS, SUCH APPROVAL TO BE CONDITIONED UPON THE
20 APPROPRIATION OF ADDITIONAL STATE FUNDING NECESSARY FOR THOSE
21 NEW COUNCILS.
22 (B) THE SECRETARY SHALL ALSO ESTABLISH PROCEDURES FOR
23 WITHDRAWING FORMAL RECOGNITION AND APPROVAL OF ANY COUNCIL
24 COVERED BY SUBSECTION (A).
25 (C) WITHDRAWAL OF RECOGNITION AND APPROVAL OF A COUNCIL
26 SHALL LAST UNTIL EXPIRATION OF THE COMMONWEALTH'S CURRENT FISCAL
27 YEAR, AFTER WHICH TIME THE SECRETARY MAY RECONSIDER THE COUNCIL
28 FOR INCLUSION IN THE STATE ALLOCATION OF FUNDS. IF FUNDS HAVE
29 BEEN ALLOCATED FOR THE CURRENT FISCAL YEAR, A COUNCIL WHOSE
30 RECOGNITION AND APPROVAL SUBSEQUENTLY HAVE BEEN WITHDRAWN SHALL
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1 RETURN THE PROPORTIONATE SHARE OF ANNUAL ALLOCATIONS TO THE
2 SECRETARY FOR THE REMAINDER OF THE FISCAL YEAR.
3 SECTION 1904-D. STATE FUNDS.--(A) (1) THE SECRETARY, UPON
4 CONSULTATION WITH APPROVED COUNCILS, SHALL BE RESPONSIBLE FOR
5 THE ALLOCATION OF STATE FUNDING AMONG COMMUNITY EDUCATION
6 COUNCILS APPROVED UNDER THIS ARTICLE.
7 (2) THE ALLOCATION MAY NOT EXCEED EIGHTY PER CENTUM (80%) OF
8 THE COUNCIL'S PROJECTED TOTAL EXPENDITURES FOR THE FISCAL YEAR
9 OF ALLOCATION.
10 (B) COMMUNITY EDUCATION COUNCILS SHALL USE ALLOCATED STATE
11 FUNDS TO MEET THE COST OF OPERATION, INCLUDING, BUT NOT LIMITED
12 TO, PERSONNEL, RENT, UTILITIES, INSURANCE, SUPPLIES, EQUIPMENT
13 AND TECHNOLOGY NEEDS, STAFF DEVELOPMENT, MARKETING, MAINTENANCE
14 AND INSTRUCTIONAL SERVICES.
15 SECTION 1905-D. PURPOSE OF COMMUNITY EDUCATION COUNCIL.--(A)
16 THE PURPOSE OF A COMMUNITY EDUCATION COUNCIL SHALL BE TO
17 IDENTIFY, IMPLEMENT AND OVERSEE NEW OR INNOVATIVE EFFORTS TO
18 PROVIDE ACCESS TO POST-SECONDARY EDUCATION OPPORTUNITIES IN
19 EDUCATIONALLY UNDERSERVED COMMUNITIES WITHIN THIS COMMONWEALTH.
20 (B) POST-SECONDARY EDUCATIONAL OPPORTUNITIES MAY INCLUDE,
21 BUT ARE NOT LIMITED TO, ANY OF THE FOLLOWING:
22 (1) PROGRAMS, COURSES OR CLASSES LEADING TO PROFESSIONAL,
23 VOCATIONAL OR OCCUPATIONAL CERTIFICATION OR LICENSURE, AN
24 ASSOCIATE DEGREE, A BACHELOR'S DEGREE OR A MASTER'S DEGREE.
25 (2) GED PREPARATION.
26 (3) SKILL DEVELOPMENT OR SKILL ENHANCEMENT FOR THE COMMUNITY
27 WORK FORCE.
28 (C) A SECOND FUNCTION OF A COMMUNITY EDUCATION COUNCIL SHALL
29 BE TO ASSIST IN THE PROVISION OF RESOURCES AND TO SERVE AS A
30 VEHICLE FOR EMPLOYMENT OPPORTUNITIES WHICH MEET THE COMMUNITY'S
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1 CURRENT AND FUTURE ECONOMIC DEVELOPMENT NEEDS.
2 SECTION 1906-D. BOARD OF DIRECTORS.--(A) THE POLICIES OF
3 ANY COMMUNITY EDUCATION COUNCIL ESTABLISHED UNDER THIS ARTICLE
4 SHALL BE ADMINISTERED AND SUPERVISED BY A COMMUNITY-BASED BOARD
5 OF DIRECTORS.
6 (B) THE BOARD OF DIRECTORS SHALL, FOR PURPOSES OF OPERATING
7 AND MAINTAINING A COMMUNITY EDUCATION COUNCIL, HAVE THE
8 FOLLOWING POWERS AND DUTIES:
9 (1) TO HOLD, RENT, LEASE, SELL, PURCHASE AND IMPROVE
10 BUILDINGS, FURNISHINGS, EQUIPMENT, MATERIALS, BOOKS AND
11 SUPPLIES.
12 (2) TO ENTER INTO CONTRACTS OR AGREEMENTS FOR SERVICES WITH
13 POST-SECONDARY INSTITUTIONS, OTHER EDUCATIONAL PROVIDERS OR
14 LOCAL GOVERNMENT AGENCIES IN ORDER TO CARRY OUT THE INTENT AND
15 PURPOSES OF THIS ARTICLE.
16 (3) TO ACCEPT AND RECEIVE GIFTS OF REAL AND PERSONAL
17 PROPERTY.
18 (4) TO APPLY FOR FEDERAL, STATE AND LOCAL FUNDS AND GRANTS
19 AND TO EXPEND FUNDS OBTAINED FROM THESE SOURCES.
20 (5) TO DETERMINE THE NEEDS AND ASPIRATIONS OF POTENTIAL
21 STUDENTS AND EMPLOYERS IN THE COMMUNITY.
22 (6) TO MAKE POLICIES PROVIDING FOR IDENTIFICATION OF
23 STUDENTS, PROGRAMS, COURSES OR CLASSES TO BE OFFERED AND ANY
24 OTHER MATTERS RELATED TO ADMINISTRATION OF THE COMMUNITY
25 EDUCATION COUNCIL.
26 (7) TO HIRE EMPLOYES TO CONDUCT THE DAY-TO-DAY OPERATIONS
27 AND CARRY OUT THE POLICY OF THE BOARD.
28 (8) TO EXERCISE SUCH OTHER POWERS AND PERFORM SUCH OTHER
29 DUTIES AS ARE NECESSARY TO EFFECT THE INTENT AND PURPOSES OF
30 THIS ARTICLE.
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1 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
2 SECTION 2115. MAXIMUM CLASS SIZE.--(A) NO CLASSROOM IN ANY
3 PUBLIC SCHOOL DISTRICT SHALL EXCEED THE MAXIMUM CLASS SIZE FOR
4 THE GRADE LEVELS AND AFTER THE IMPLEMENTATION DATES SET FORTH IN
5 THIS SECTION. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE
6 MAXIMUM CLASS SIZES SHALL BE AS FOLLOWS:
7 GRADE MAXIMUM CLASS IMPLEMENTATION
8 LEVEL SIZE DATE
9 KINDERGARTEN 20 JULY 1, 1998
10 FIRST GRADE 20 JULY 1, 1999
11 SECOND GRADE 20 JULY 1, 2000
12 THIRD GRADE 20 JULY 1, 2001
13 (B) THIS SECTION SHALL NOT APPLY TO SPECIAL EDUCATION
14 CLASSES ESTABLISHED AND OPERATED PURSUANT TO 22 PA. CODE PT. 1
15 SUBPT. A CH. 14 (RELATING TO SPECIAL EDUCATION SERVICES AND
16 PROGRAMS) AND PT. XVI CH. 342 (RELATING TO SPECIAL EDUCATION
17 SERVICES AND PROGRAMS). ANY OTHER SPECIAL EDUCATION CLASSES
18 SHALL UTILIZE A MAXIMUM CLASS SIZE THAT THE STATE BOARD OF
19 EDUCATION DEEMS APPROPRIATE FOR THE SPECIFIC NATURE OR SPECIAL
20 NEEDS OF THE STUDENTS BEING INSTRUCTED IN THOSE SPECIAL
21 EDUCATION CLASSES.
22 (C) THE MAXIMUM CLASS SIZES SET FORTH IN SUBSECTION (A)
23 SHALL NOT APPLY IN INSTRUMENTAL OR VOCAL MUSIC CLASSES, OR
24 SIMILAR CLASSES, UNLESS THE EFFECTIVENESS OF THE INSTRUCTIONAL
25 PROGRAM IN THOSE CLASSES WOULD BE IMPAIRED.
26 (D) (1) NO SCHOOL DISTRICT SHALL UTILIZE SPLIT-GRADE
27 CLASSES IN ORDER TO COMPLY WITH THIS SECTION, UNLESS THE BOARD
28 OF EDUCATION FOR THE DISTRICT GIVES ITS PRIOR APPROVAL.
29 (2) THIS SECTION SHALL NOT PROHIBIT A SCHOOL DISTRICT FROM
30 UTILIZING TRANSITIONAL, UNGRADED OR UNSTRUCTURED CLASSES.
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1 (3) ALL ADDITIONAL COSTS INCURRED BY SCHOOL DISTRICTS SHALL
2 BE REIMBURSED FROM STATE FUNDS APPROPRIATED FOR THIS PURPOSE
3 DURING THE SCHOOL YEAR DURING WHICH SUCH COSTS ARE INCURRED.
4 SECTION 3. (A) THE SUM OF $550,000 IS HEREBY APPROPRIATED
5 TO THE DEPARTMENT OF EDUCATION FOR THE FISCAL YEAR JULY 1, 1997,
6 TO JUNE 30, 1998, FOR THE PURPOSES OF IMPLEMENTING THE COMMUNITY
7 EDUCATION COUNCILS' PORTION OF THIS ACT.
8 (B) THE SUM OF $20,000,000, OR AS MUCH THEREOF AS MAY BE
9 NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF EDUCATION
10 FOR THE FISCAL YEAR JULY 1, 1997, TO JUNE 30, 1998, FOR GRANTS
11 TO SCHOOL DISTRICTS FOR THE PURCHASE OF TEXTBOOKS. PAYMENTS TO
12 SCHOOL DISTRICTS SHALL BE DERIVED BY MULTIPLYING THE SCHOOL
13 DISTRICT'S AVERAGE DAILY MEMBERSHIP BY THE PRODUCT OF 21.25
14 TIMES THE SCHOOL DISTRICT'S MARKET VALUE PERSONAL INCOME AID
15 RATIO. THE DEPARTMENT OF EDUCATION SHALL REQUIRE THAT SCHOOL
16 DISTRICTS PROVIDE AN EQUITABLE SHARE OF THE GRANT TO THE AREA
17 VOCATIONAL-TECHNICAL SCHOOLS WHICH THEIR STUDENTS ATTEND.
18 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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