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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BRUBAKER, PICCOLA, PILEGGI, HUGHES, FOLMER, RAFFERTY, EICHELBERGER, ALLOWAY, WAUGH, YUDICHAK, ERICKSON, D. WHITE, YAW AND EARLL, MARCH 31, 2011 |
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| REFERRED TO EDUCATION, MARCH 31, 2011 |
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| AN ACT |
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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," in grounds and buildings, further |
6 | providing for administration. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 731 of the act of March 10, 1949 (P.L.30, |
10 | No.14), known as the Public School Code of 1949, amended June |
11 | 27, 1973 (P.L.75, No.34), is amended to read: |
12 | Section 731. Approval by Department of Plans, etc., of |
13 | Buildings; Exceptions.--(a) The Department of Education, with |
14 | respect to construction or reconstruction of public school |
15 | buildings, shall have the power and its duties shall be: |
16 | (1) To review all projects, plans and specifications for |
17 | school building construction or reconstruction, and to make |
18 | recommendations thereon to the General Assembly and the |
19 | Governor; |
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1 | (2) To assist school districts in preplanning construction |
2 | and reconstruction projects, and offer such architectural, |
3 | engineering and financial advice as will enable the project to |
4 | comply with the standards prescribed by the State Board of |
5 | Education; |
6 | (3) To hold hearings on any or all projects and subpoena |
7 | witnesses, administer oaths, take testimony and compel the |
8 | production of documents relevant to any investigation; |
9 | (4) To act as liaison between the public, local school |
10 | officials, the General Assembly, and the Governor on school |
11 | building construction and reconstruction projects; |
12 | (5) To receive and investigate complaints from the public or |
13 | other source concerning any school building construction or |
14 | reconstruction project; |
15 | (6) To conduct investigations on any phase of school |
16 | building construction or reconstruction projects. |
17 | (7) To, in conjunction with the State Board of Education, do |
18 | all of the following: |
19 | (i) Conduct a review of the process by which the department |
20 | is meeting the requirements of this section. |
21 | (ii) Make recommendations to: |
22 | (A) eliminate the backlog waiting for review; |
23 | (B) increase efficiency of the process; and |
24 | (C) ensure ease of compliance with the requirements for |
25 | those entities that must comply with them. |
26 | (iii) Promulgate temporary regulations to implement the |
27 | recommendations under subparagraph (ii). Regulations under this |
28 | subparagraph are subject to all of the following: |
29 | (A) The regulations shall be exempt from: |
30 | (I) sections 201, 202 and 203 of the act of July 31, 1968 |
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1 | (P.L.769, No.240), referred to as the Commonwealth Documents |
2 | Law; and |
3 | (II) the act of June 25, 1982 (P.L.633, No.181), known as |
4 | the "Regulatory Review Act." |
5 | (B) The regulations shall expire on the earlier of: |
6 | (I) the effective date of regulations under subparagraph |
7 | (iv); or |
8 | (II) eighteen months from the effective date of this |
9 | paragraph. |
10 | (iv) Promulgate regulations to implement recommendations |
11 | under subparagraph (ii). |
12 | (b) The Department of Education shall employ engineers, |
13 | architects, financial advisors, and such other staff personnel |
14 | as may be necessary for the proper performance of the duties of |
15 | the Department with respect to construction or reconstruction of |
16 | public school buildings. |
17 | (c) No public school building shall be contracted for, |
18 | constructed, or reconstructed, in any school district of the |
19 | second, third, or fourth class until the plans and |
20 | specifications therefor have been approved by the Department of |
21 | Education. |
22 | (d) When ordinary repairs are proposed, such as plastering, |
23 | painting, replacement of floors, improvement of school grounds, |
24 | repairing or providing walks, roadways or retaining walls, the |
25 | cost of which in districts of the second class or in districts |
26 | of the third and fourth class will not exceed fifteen thousand |
27 | dollars ($15,000) per building, no approval shall be required. |
28 | Where any structural change is involved, such as moving or |
29 | adding doors, windows, partitions, making additions or any |
30 | excavations, or any work which may affect the safety or health |
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1 | of the pupils, or any work which comes under the jurisdiction of |
2 | another department of the Commonwealth, approval of the |
3 | Department of Education shall be required regardless of the cost |
4 | of such structural change. |
5 | (e) No school building shall be purchased by any school |
6 | district until such purchase shall have been approved by the |
7 | Department of Education. Such approval shall not be given unless |
8 | the school building to be purchased and any approved structural |
9 | changes or renovations meet the standards required to operate |
10 | public school buildings of a similar age currently in use in the |
11 | Commonwealth. |
12 | Section 2. This act shall take effect immediately. |
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