PRINTER'S NO. 2235
No. 1566 Session of 1998
INTRODUCED BY SLOCUM, RHOADES, WHITE AND ROBBINS,
NOVEMBER 5, 1998
REFERRED TO EDUCATION, NOVEMBER 5, 1998
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," further providing for community
6 education councils.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding an
11 article to read:
12 ARTICLE XIX-D.
13 COMMUNITY EDUCATION COUNCILS.
14 Section 1901-D. Definitions.--For purposes of this article,
15 the following terms shall have the following meanings:
16 (1) "Community education council" or "CEC." An
17 institutionally neutral, non-profit and educational
18 organization, governed by a community-based board of directors,
19 which serves to provide access to post-secondary education and
1 training resources for citizens in educationally underserved
2 areas of this Commonwealth.
3 (2) "Direct cost." The cost of operation, including, but
4 not limited to, personnel, rent, utilities, insurance, supplies,
5 equipment and technology needs, staff development, marketing,
6 maintenance and instructional services.
7 (3) "Educationally underserved area." An area designated by
8 the Secretary of Education as an adult education, continuing
9 education and/or post-secondary education shortage area using
10 criteria which take into account special barriers to the
11 provision of education services.
12 (4) "Institutionally neutral." Having no exclusive legal
13 affiliation with any provider of post-secondary education or a
14 branch campus, branch location or outreach center of a provider
15 of post-secondary education. This term shall apply to all
16 community education councils and foundations established after
17 June 30, 1999.
18 (5) "Post-secondary education resources." The term
19 includes, but is not limited to, area vocational-technical
20 schools, degree-granting institutions of higher education
21 accredited by an accrediting agency recognized by the Federal
22 Government, institutions licensed under the act of December 15,
23 1986 (P.L.1585, No.174), known as the "Private Licensed Schools
24 Act," professional, vocational or occupational certification or
25 licensure programs and educational technology.
26 (6) "Secretary." The Secretary of Education of the
27 Commonwealth.
28 Section 1902-D. Powers and Duties of Secretary.--(a) For
29 anyone submitting an application to establish a community
30 education council after June 30, 1999, the secretary shall
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1 either approve or disapprove such application prior to the
2 council being eligible to receive State funding. The application
3 shall include an education plan, a statistical assessment of the
4 student service area and the educational needs thereof, and
5 demonstration of fiscal support and stability.
6 (b) The secretary may revoke the approval of a council if
7 the council fails to meet the criteria established under this
8 section. The approval of a council shall remain in effect unless
9 revoked by the secretary.
10 Section 1903-D. Powers and Duties of Community Education
11 Council.--(a) Community education councils shall identify,
12 implement and oversee new or innovative efforts to provide
13 access to post-secondary education opportunities in
14 educationally underserved communities within this Commonwealth.
15 (b) Post-secondary educational opportunities may include,
16 but are not limited to, any of the following:
17 (1) Programs, courses or classes leading to professional,
18 vocational or occupational certification or licensure, an
19 associate degree, a bachelor's degree or a master's degree.
20 (2) GED preparation.
21 (3) Skill development or skill enhancement for the community
22 work force.
23 (4) Customized job training for community employers.
24 (c) Community education councils shall also assist in the
25 provision of resources and serve as a vehicle for employment
26 opportunities which meet the community's current and future
27 economic development needs.
28 Section 1904-D. Powers and Duties of Board of Directors.--
29 (a) A community education council established under this
30 article shall be administered and supervised by a community-
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1 based board of directors.
2 (b) The board of directors shall, for purposes of operating
3 and maintaining a community education council, have the
4 following powers and duties:
5 (1) To hold, rent, lease, sell, purchase and improve
6 buildings, furnishings, equipment, materials, books and
7 supplies.
8 (2) To enter into contracts or agreements for services with
9 post-secondary institutions, other educational providers or
10 local government agencies in order to carry out the intent and
11 purposes of this article.
12 (3) To accept and receive gifts of real and personal
13 property.
14 (4) To apply for Federal, State and local funds and grants
15 and to expend funds obtained from these sources.
16 (5) To determine the needs and aspirations of potential
17 students and employers in the community.
18 (6) To make policies providing for identification of
19 students, programs, courses or classes to be offered and any
20 other matters related to administration of the community
21 education council.
22 (7) To hire employes to conduct the day-to-day operations
23 and carry out the policy of the board.
24 (8) To exercise such other powers and perform such other
25 duties as are necessary to effect the intent and purposes of
26 this article. Nothing in this act shall authorize any degree-
27 granting.
28 Section 1905-D. State Funding.--(a) Funding allocated under
29 this section shall be allocated from and limited to funds
30 appropriated for this purpose and shall only be used for direct
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1 costs for any institution that provides courses within this
2 Commonwealth.
3 (b) Community education councils shall submit projected
4 expenditures to the secretary for review prior to allocation of
5 funding. The secretary shall establish eligibility criteria
6 which community education councils must annually meet in order
7 to qualify for assistance under this article.
8 (c) The secretary, upon consultation with approved councils,
9 shall be responsible for the allocation and distribution of
10 State funding among community education councils. Priority for
11 financial assistance shall be given to those community education
12 councils and the foundations serving Bedford and Somerset
13 Counties, that received State assistance during 1998-1999.
14 Section 2. This act shall take effect in 60 days.
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