HB 2789

Overview

This bill amends the Public School Code of 1949 to establish a new subarticle titled "Miscellaneous Provisions" regarding the closure of branch or campus locations of state-supported institutions of higher education. The legislation mandates a specific administrative process that institutions must follow when seeking approval to discontinue a branch or campus, including strict timelines for public notice, comment periods, and potential public hearings. Additionally, the act clarifies the definitions of "institution of higher education" and "secretary" for the purposes of this section and abrogates an existing regulation that is inconsistent with these new requirements.

Key Provisions

• Requires the Secretary of Education to transmit notice to the Legislative Reference Bureau and post applications on a public website within seven days of receiving an application to discontinue a branch or campus.
• Mandates a minimum 30-day public comment period following the posting of the application, during which the department must append submitted comments and documents to the record.
• Establishes criteria for requesting a public hearing, including petitions by a member of the General Assembly, a municipal governing body, or a petition signed by the lesser of 250 individuals or 10% of the branch's enrollment.
• Grants attendees at a public hearing a right to provide testimony for at least five minutes regarding the impact of the application and requires the department to postpone the final determination until after any hearing is held.
• Requires the Secretary to issue a written response addressing substantive objections if the determination is to discontinue a branch or campus.
• Prohibits an application from being deemed approved due to the Secretary's failure to act within six months and allows an institution to petition the Commonwealth Court to compel a decision within 30 days if the Secretary fails to issue one within that timeframe.
• Abrogates 22 Pa. Code § 34.13 to the extent that it conflicts with the procedures and definitions established by this act.