PRIOR PRINTER'S NO. 3640 PRINTER'S NO. 4715
No. 2502 Session of 2004
INTRODUCED BY T. STEVENSON, MUSTIO, PETRI, CREIGHTON, ALLEN,
ARMSTRONG, BELFANTI, BUNT, DENLINGER, GEIST, GOOD, HORSEY,
LEDERER, LEWIS, METCALFE, READSHAW, REICHLEY, R. STEVENSON,
THOMAS, WASHINGTON, WATSON, WILT AND YOUNGBLOOD,
APRIL 2, 2004
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 2004
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," DEFINING "COST OF INSTRUCTION" FOR <--
6 PURPOSES OF CHARTER SCHOOLS; FURTHER PROVIDING FOR CYBER
7 CHARTER SCHOOL REQUIREMENTS AND PROHIBITIONS AND FOR
8 CONSIDERATION BY GENERAL ASSEMBLY OF STATE SYSTEM OF HIGHER
9 EDUCATION REQUESTS TO DISPOSE OF REAL PROPERTY; AND providing
10 for undergraduate student consumer information in the State <--
11 System of Higher Education. FOR INSTITUTIONS OF HIGHER <--
12 EDUCATION.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <--
16 as the Public School Code of 1949, is amended by adding a
17 section to read:
18 Section 2011.1-A. Undergraduate Student Consumer
19 SECTION 1. SECTION 1703-A OF THE ACT OF MARCH 10, 1949 <--
20 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
21 AMENDED BY ADDING A DEFINITION TO READ:
1 SECTION 1703-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
2 * * *
3 "COST OF INSTRUCTION" SHALL MEAN THE ONGOING EXPENSES OF A
4 CYBER CHARTER SCHOOL FOR STAFF, OPERATING EXPENSES, PROVIDING
5 INSTRUCTIONAL MATERIALS TO STUDENTS, PROVIDING EQUIPMENT TO
6 STUDENTS, PROVIDING OR REIMBURSING FOR TECHNOLOGY SERVICES
7 NECESSARY FOR THE ONLINE DELIVERY OF THE CURRICULUM AND
8 INSTRUCTION TO STUDENTS, MAINTENANCE OF STUDENT RECORDS AND THE
9 ADMINISTRATIVE OFFICE REQUIRED UNDER SECTION 1743-A AND OTHER
10 COSTS THAT ARE PART OF THE ANNUAL EXPENSES OF THE CYBER CHARTER
11 SCHOOL, EXCLUDING PROFITS SOUGHT OR ATTAINED BY THE CYBER
12 CHARTER SCHOOL.
13 * * *
14 SECTION 2. SECTION 1743-A(C) OF THE ACT, ADDED JUNE 29, 2002
15 (P.L.524, NO.88), IS AMENDED TO READ:
16 SECTION 1743-A. CYBER CHARTER SCHOOL REQUIREMENTS AND
17 PROHIBITIONS.
18 * * *
19 (C) SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL SHALL MAKE
20 AVAILABLE UPON REQUEST, EITHER IN WRITING OR ELECTRONICALLY, TO
21 EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE THE FOLLOWING:
22 (1) A COPY OF THE CHARTER.
23 (2) A COPY OF THE CYBER CHARTER SCHOOL APPLICATION.
24 (3) A COPY OF ALL ANNUAL REPORTS PREPARED BY THE CYBER
25 CHARTER SCHOOL.
26 (4) A LIST OF ALL STUDENTS FROM THAT SCHOOL DISTRICT
27 ENROLLED IN THE CYBER CHARTER SCHOOL.
28 (5) A COST OF INSTRUCTION INFORMATION STATEMENT
29 CONTAINING THE FOLLOWING INFORMATION:
30 (I) THE COST OF INSTRUCTION PER RESIDENT STUDENT FOR
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1 THE CYBER CHARTER SCHOOL.
2 (II) THE CURRENT PAYMENTS BEING RECEIVED FROM THE
3 SCHOOL DISTRICT OF RESIDENCE FOR EACH STUDENT ENROLLED
4 UNDER SECTION 1725-A AND THE PERCENTAGE SUCH PAYMENTS
5 REPRESENT OF THE COST REPORTED IN SUBPARAGRAPH (I).
6 * * *
7 SECTION 3. SECTION 2018-A OF THE ACT, ADDED JULY 11, 1990
8 (P.L.424, NO.103), IS AMENDED TO READ:
9 SECTION 2018-A. METHOD OF DISPOSITION; CONSIDERATION BY THE
10 GENERAL ASSEMBLY.--(A) WHENEVER THE SYSTEM DEEMS THAT IT IS
11 NECESSARY OR DESIRABLE TO SELL, TRANSFER OR DISPOSE OF REAL
12 PROPERTY ACQUIRED BY AND TITLED TO IT, IT SHALL REQUEST
13 AUTHORIZATION FROM THE GENERAL ASSEMBLY TO SELL, TRANSFER OR
14 DISPOSE OF SAID REAL PROPERTY; AND FROM TIME TO TIME, AS
15 NECESSARY, THE SYSTEM SHALL SUBMIT TO THE CHIEF CLERK OF THE
16 HOUSE OF REPRESENTATIVES [AND], THE SECRETARY OF THE SENATE, THE
17 CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE
18 HOUSE OF REPRESENTATIVES AND THE CHAIRMAN AND MINORITY CHAIRMAN
19 OF THE EDUCATION COMMITTEE OF THE SENATE REQUESTS TO SELL,
20 TRANSFER OR DISPOSE OF REAL PROPERTY ACQUIRED BY AND TITLED TO
21 THE SYSTEM FOR CONSIDERATION BY THE GENERAL ASSEMBLY.
22 (B) EACH REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
23 DISPOSE OF REAL PROPERTY TRANSMITTED TO THE GENERAL ASSEMBLY
24 SHALL BE PROPOSED AS A RESOLUTION, AND SHALL BE PLACED ON THE
25 CALENDAR OF EACH HOUSE FOR THE NEXT LEGISLATIVE DAY FOLLOWING
26 ITS RECEIPT, AND SHALL BE CONSIDERED BY EACH HOUSE WITHIN THIRTY
27 (30) CALENDAR DAYS OF CONTINUOUS SESSION OF THE GENERAL
28 ASSEMBLY.
29 (C) EACH REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
30 DISPOSE OF REAL PROPERTY SHALL TAKE EFFECT IF IT IS APPROVED BY
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1 A MAJORITY VOTE OF THE DULY ELECTED MEMBERSHIP OF EACH HOUSE
2 DURING SUCH THIRTY-DAY PERIOD OR MAY BE DISAPPROVED BY EITHER
3 HOUSE DURING THAT PERIOD BY A MAJORITY VOTE OF THE DULY ELECTED
4 MEMBERSHIP OF EACH HOUSE.
5 (D) NO RESOLUTION SHALL BE EFFECTIVE:
6 (1) UNLESS IT DESIGNATES THE NUMBER OF THE REQUEST FOR
7 AUTHORIZATION TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY AND
8 THE DATE ON WHICH IT WAS TRANSMITTED TO THE GENERAL ASSEMBLY;
9 [OR]
10 (2) IF IT SPECIFIES MORE THAN ONE REQUEST FOR AUTHORIZATION
11 TO SELL, TRANSFER OR DISPOSE OF REAL PROPERTY EXCEPT AS
12 OTHERWISE PROVIDED BY SUBSECTION (G) OF THIS SECTION[.]; OR
13 (3) UNLESS IT DESCRIBES THE PROPERTY TO SELL, TRANSFER OR
14 DISPOSE; THE INTENT TO SELL, TRANSFER OR DISPOSE; AND THE
15 PARTIES, IF APPLICABLE, INVOLVED IN THE TRANSACTION.
16 (E) THE EFFECTIVE DATE OF EACH REQUEST FOR AUTHORIZATION TO
17 SELL, DISPOSE OR TRANSFER REAL PROPERTY SHALL BE THE DATE OF
18 APPROVAL OF THE LAST OF THE TWO HOUSES TO ACT. UPON THE
19 EXPIRATION OF THE THIRTY-DAY PERIOD AFTER THE DELIVERY OF THE
20 REQUEST FOR AUTHORIZATION TO SELL, DISPOSE OR TRANSFER REAL
21 PROPERTY TO THE TWO HOUSES OF THE GENERAL ASSEMBLY AND THE
22 FAILURE TO ACT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
23 EACH REQUEST FOR AUTHORIZATION TO SELL, DISPOSE OR TRANSFER REAL
24 PROPERTY SHALL BECOME EFFECTIVE.
25 (F) FOR THE PURPOSES OF SUBSECTION (B) OF THIS SECTION:
26 (1) CONTINUITY OF SESSION SHALL BE CONSIDERED AS BROKEN ONLY
27 BY AN ADJOURNMENT OF THE GENERAL ASSEMBLY SINE DIE.
28 (2) IN THE COMPUTATION OF THE THIRTY-DAY PERIOD, THERE SHALL
29 BE EXCLUDED THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION
30 BECAUSE OF AN ADJOURNMENT OF MORE THAN TEN (10) DAYS TO A DAY
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1 CERTAIN.
2 (G) ANY PROVISION OF THE REQUEST FOR AUTHORIZATION TO SELL,
3 DISPOSE OR TRANSFER REAL PROPERTY MAY, UNDER PROVISIONS
4 CONTAINED THEREIN, BE MADE OPERATIVE AT A TIME LATER THAN THE
5 DATE ON WHICH THE REQUEST FOR AUTHORIZATION TO SELL, TRANSFER OR
6 DISPOSE OF REAL PROPERTY OTHERWISE TAKES EFFECT.
7 SECTION 4. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
8 ARTICLE XXVI-J
9 INSTITUTIONS OF HIGHER EDUCATION
10 SECTION 2601-J. UNDERGRADUATE STUDENT CONSUMER
11 Information.--(a) At the time it transmits a bill for tuition,
12 fees AND, IF APPLICABLE, room and board charges to its <--
13 undergraduate students, an institution shall provide each
14 undergraduate student with a consumer information statement, <--
15 WHICH MAY BE PRESENTED AS A SEPARATE PAGE, containing the
16 following information:
17 (1) The cost of instruction per undergraduate student for
18 the institution.
19 (2) The current tuition rate per undergraduate student for
20 the institution and the percentage it represents of the cost
21 reported in paragraph (1).
22 (3) A listing of all fees assessed on undergraduate students
23 by category on a per-undergraduate-student basis; the total cost
24 of these fees on a per-undergraduate-student basis; and this
25 total expressed as a percentage of the cost determined in
26 paragraph (1).
27 (4) State funding per undergraduate student for the
28 institution expressed as a percentage of the cost indicated in
29 paragraph (1).
30 (b) The following words and phrases as used in this section
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1 shall have the meanings given to them in this subsection:
2 (1) "Cost of instruction" shall mean the ongoing expenses of
3 an THE institution for faculty and staff, operating expenses, <--
4 travel, equipment, maintenance of building and grounds and other
5 costs that are part of the annual expenses of the institution.
6 (2) "Fees" shall mean charges assessed on an undergraduate
7 student above and beyond the institution's tuition and which may
8 include any laboratory fees, activity fees, service fees or
9 technology fees.
10 (3) "State funding" shall mean the amount appropriated by <--
11 the General Assembly for the State System of Higher Education
12 and subsequently allocated by the system to each institution
13 divided by the number of undergraduate students who are enrolled
14 at each institution.
15 (4) "Tuition" shall mean the instructional fees fixed by the
16 Board of Governors of the State System of Higher Education
17 pursuant to section 2006-A(11). ANY SOURCE OF FUNDING BY THE <--
18 COMMONWEALTH TO THE INSTITUTION.
19 (4) "TUITION" SHALL MEAN THE INSTRUCTIONAL FEES FIXED BY THE
20 INSTITUTIONS OF HIGHER EDUCATION IN THIS COMMONWEALTH.
21 (5) "Undergraduate student" shall mean a person pursuing a
22 bachelor's degree on a full-time OR PART-TIME basis. The term <--
23 does not include a person participating in noncredit programs or
24 correspondence courses.
25 (6) "INSTITUTION OF HIGHER EDUCATION" SHALL MEAN AN <--
26 INDEPENDENT COLLEGE OR UNIVERSITY, COMMUNITY COLLEGE, STATE-
27 RELATED INSTITUTION OR A MEMBER INSTITUTION OF THE STATE SYSTEM
28 OF HIGHER EDUCATION.
29 Section 2. This act shall take effect July 1, 2004. <--
30 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
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1 (1) THE ADDITION OF ARTICLE XXVI-J OF THE ACT SHALL TAKE
2 EFFECT JANUARY 1, 2005.
3 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
4 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
5 DAYS.
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