THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, RAFFERTY, BOSCOLA, BRUBAKER, EARLL, O'PAKE, ORIE, PICCOLA, WARD AND WONDERLING, MARCH 19, 2009

REFERRED TO EDUCATION, MARCH 19, 2009  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for a prototypical school

facility design clearinghouse.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 732.1.  Prototypical School Facility Design

Clearinghouse.--(a)  (1)  The Department of Education shall

establish a central clearinghouse of prototypical school

facility designs for access by school entities.

(2)  In order to receive the State reimbursement factor

provided for in section 2574, a school entity must use a

prototype design in the construction of school facilities.

(3)  The department may exempt a school entity from

participating in the program for a particular project, if the

school entity demonstrates that:

(i)  the designs in the clearinghouse are not feasible for

that particular project due to specific geographic or other

limitations of that area; or

(ii)  the project involves remodeling, rehabilitating or

expanding an existing structure.

The department shall provide notice to a school entity that is

exempt from using a design in the clearinghouse under this

paragraph. The notice shall also be made available to the public

by the school entity.

(4)  The Department of Education shall compile necessary

publications and a computer database to make the information on

prototype designs available for review to school entities and

the public at large.

(5)  For purposes of this section, the Department of

Education shall divide this Commonwealth into the following

regions: northwest, northeast, southeast, southwest, north

central and south central. The department shall designate which

counties are in which region by grouping counties together based

on geographic proximity.

(b)  Design professionals registered in this Commonwealth may

submit plans for inclusion in the computer database that have

been submitted and approved by the Department of Education in

accordance with section 731. The original design professional of

record shall retain ownership of a prototype design.

Prototypical school facility designs submitted shall include

information that the Department of Education determines is

necessary and appropriate to facilitate this section.

(c)  The Department of Education shall review and evaluate

plans submitted pursuant to this section for inclusion in the

clearinghouse using standards which promote the following:

(1)  The use of design principles to achieve the highest

standards of health, safety, accessibility, environmental

protection and energy efficiency.

(2)  The academic and technological needs of students.

(3)  The use of cost-effective design and construction

techniques, including the use of straight-line, right-angle

design principles and avoiding the use of curved and

nonsymmetrical design.

(4)  The use of design principles that allow for expansion of

school facilities to accommodate future growth in student

population.

(5)  The use of durable materials in construction.

(6)  The preservation of open space.

(d)  The department shall group the designs accepted for the

clearinghouse by the regions established under subsection (a)

(5), based on energy needs for heating and cooling, building

size, average school entity population in the region, layout of

the building, whether one story or multiple stories, and

structural requirements due to climatic or geographic

difficulties.

(e)  The Legislative Budget and Finance Committee shall

conduct a study of the department's program to determine the

savings incurred by school entities that have participated in

the program. The study shall be conducted at the conclusion of

the fifth year of operation and shall include program

participation for the five-year period from inspection until its

fifth anniversary. The study shall be presented within six

months of its commencement to chairpersons of the Education

Committee of the Senate and the Education Committee of the House

of Representatives.

(f)  The Department of Education shall adopt rules necessary

to implement this section.

(g)  As used in this section, the term "school entity" means

a school district, intermediate unit, area vocational-technical

school or charter school operating within this Commonwealth

under provisions of this act.

Section 2.  This act shall take effect in 180 days.