RULES AND REGULATIONS
Title 22--EDUCATION
DEPARTMENT OF EDUCATION
[22 PA. CODE. CH. 335]
Community College Courses
[27 Pa.B. 2926] The Secretary of the Department of Education (Department) adopts Chapter 335 (relating to community college courses) which contains standards for credit and noncredit courses at community colleges that will be eligible for reimbursement by the Commonwealth under Article XIX-A of the Public School Code of 1949 (act) (24 P. S. §§ 19-1901-A--19-1913-A). The proposed standards are set forth in Annex A and are promulgated under authority of section 1913-A(b)(1.2) of the act (24 P. S. § 19-1913-A(b)(1.2)).
Purpose
These standards are promulgated by the Secretary in order to comply with an amendment made to the Public School Code of 1949 by the act of June 7, 1993 (P. L. 49, No. 16) (Act 16). The statutory amendment requires the Secretary, in consultation with the community colleges, to promulgate standards for credit and noncredit courses that will be eligible for Commonwealth reimbursement. The statutory amendment further requires that the standards specifically exclude from eligibility for reimbursement any course or program in avocational or recreational pursuits.
The proposed standards were developed in consultation with the community colleges. The Department wrote three successive drafts of the proposed standards. Each draft was distributed among the community colleges and reviewed by a broad spectrum of community college staff, including presidents, deans, faculty, business managers and specialists in continuing education. Each draft was then revised in response to the comments and suggestions from the community college staff.
Requirements of the Standards
The proposed standards establish criteria to be met by all credit and noncredit courses in order for the courses to be eligible for reimbursement by the Commonwealth under Article XIX-A of the act. Many of the criteria, such as those relating to course approval, course structure and course outlines, were drawn from existing policies or practices at community colleges. Others were developed specifically to make a clear distinction between credit and noncredit courses.
The proposed standards also define the terms ''avocational course'' and ''recreational course'' and specify that these courses will not be reimbursed by the Commonwealth. Lastly, a schedule is set forth for implementation of the standards, and a complete description of the records necessary for the colleges to document their compliance is included.
Public Comments and Responses
The Department received comments from three community colleges and one senior citizen's center in response to publication of the proposed rulemaking at 24 Pa.B. 5421 (October 29, 1994). The Secretary considered the public comments received during the official public comment period, as well as additional comments from community college presidents after the close of the comment period. Comments were received from the House Education Committee on February 10, 1995, from the Senate Education Committee on February 13, 1995, and from the Independent Regulatory Review Commission (IRRC) on February 22, 1995.
IRRC recommended moving the definitions for several terms from § 335.12 to § 335.1 (relating to definitions). The Secretary concurs with this recommendation, but expanded the section to include a number of definitions from both Subchapters B and C (relating to credit courses; and noncredit courses). Two community college commentators, together with the House and Senate Education Committees and IRRC, recommended several changes to the descriptive definition of ''noncredit courses'' in Subchapter C to eliminate extraneous terms and clarify vagueness. Several of the recommendations were adopted. The definition of ''noncredit courses'' was restructured and the overall organization of Subchapter C was changed to eliminate cumbersome wording and improve parallel construction.
The two community college commentators and the Education Committees questioned the language used in § 335.21 (relating to noncredit courses) to define noncredit courses, such as ''not being postsecondary in nature,'' (having) ''less depth or breadth,'' and (being) ''less rigorous.''
The Secretary notes that the descriptive terms are connected by the word ''or'' in order to indicate that noncredit courses differ from credit courses by at least one of the qualifying attributes, but not necessarily all of them. The term ''less rigorous'' was dropped, but the other two terms were retained. The term ''not postsecondary in nature'' was retained to ensure reimbursement for remedial, developmental and adult basic and literacy education courses that focus on content typically delivered through elementary and secondary education. This point is reinforced by the wording of §§ 335.13(a) and 335.22(4)(ii) (relating to remedial; and developmental courses). Since some noncredit courses are characterized by less depth and breadth than credit courses with similar content, this term was also retained.
The two community college commentators and the Education Committees also questioned the description of a noncredit course as not being part of a program of study that leads to a formal college award. This was retained as a point of distinction between credit and noncredit courses. The term ''formal college award'' was defined in § 335.1 as a ''collegiate degree, collegiate certificate or collegiate diploma'' in accordance with IRRC's suggestion. The Secretary believes that the new definition satisfies the commentators' concerns.
One community college, together with the Education Committees and IRRC, recommended changing the implementation dates proposed in Subchapter D to eliminate retroactivity and to allow reimbursement eligibility for noncredit courses developed between July 1, 1994, and July 1, 1996. The Secretary concurs with the commentators' recommendation to revise implementation dates. Sections 335.32 and 335.33 (relating to existing credit courses; and existing noncredit courses) were changed to provide that, for Fiscal Years 1997-98 and 1998-99, credit and noncredit courses approved by the colleges prior to July 1, 1997, will be reimbursable if they comply with Chapter 35 (relating to community colleges). Clarifying language was inserted to make existing courses reimbursable until Fiscal Year 1999-2000. These sections were further changed to provide that, beginning with Fiscal Year 1999-2000, and for each fiscal year thereafter, credit and noncredit courses shall meet the applicable Chapter 335 standards. The requirement for the preparation of lists of credit and noncredit courses was changed to apply to courses approved prior to July 1, 1997, to be consistent with the date change listed in this Preamble. The deadline for the submission of these lists to the Deputy Secretary of Postsecondary and Higher Education was correspondingly changed to October 1, 1997.
The Education Committees recommended adding language to clarify the years for which avocational and recreational courses are reimbursable and those years for which they are not reimbursable. The Secretary believes that this additional language is not necessary in light of the intention of section 1913-A(b)(1.2) of the act which precludes reimbursement for courses or programs in avocational or recreational pursuits beginning with Fiscal Year 1993-94.
IRRC recommended changing the format of § 335.42 (relating to course outlines) to simplify wording and achieve parallel construction in the description of requirements relating to the preparation and maintenance of course outlines. The Secretary concurs with this recommendation and the section was reformatted accordingly. IRRC suggested changing §§ 335.44--335.46 (relating to course evaluation and program audit; college catalog; and faculty qualifications) to include a determinate time period for the retention of course evaluations, program audits, college catalogs and faculty records. The Secretary concurs with the recommendation and the wording was changed to apply the record retention requirements of § 35.66 (relating to retention of records) to these items.
Finally, IRRC noted that since noncredit courses custom designed for employers and agencies are not available to the general public, it may be desirable to delete § 335.45(b) of the proposed rulemaking, which required that adequate descriptions of these courses be developed and maintained by the colleges. IRRC noted that descriptions of course content would, in all probability, be governed by written agreements between the colleges and contracting parties. In accordance with § 35.61(f)(2) (relating to full-time equivalent enrollment), community colleges receive the standard Commonwealth reimbursement for enrollees in these courses if aggregate gross operating costs on an average per student basis are not completely covered by the contracting party. To substantiate their control over the content and delivery of these courses, and to demonstrate their compliance with § 35.61(f)(2), the colleges must be held accountable for developing and maintaining these noncredit course descriptions. Therefore, the Secretary does not concur with the IRRC's recommendation in this regard.
Affected Parties
The regulations will affect community colleges and students at those colleges.
Cost and Paperwork Estimates
The regulations may impose some additional costs to the extent that a given community college's policy for course development, approval and review differs from what is required by the proposed standards. However, the colleges already maintain most of the documentation to support their annual reimbursement claim audits which are conducted by the Comptroller for Labor, Education and Community Services. Moreover, the burden should be minimal since the standards provide for the use of media other than paper records for verification that courses meet the standards.
Effective Date
These regulations will be effective on July 1, 1997.
Sunset Date
The effectiveness of these regulations will be continually reviewed by the Secretary. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 19, 1994, the Secretary submitted a copy of these proposed regulations to IRRC and to the Chairpersons of the House and Senate Committees on Education. In addition to submitting the regulations, the Secretary provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request. In compliance with section 5(b.1) of the Regulatory Review Act, the Secretary also provided IRRC and the Committees with copies of the comments received.
In preparing these final-form regulations, the Secretary considered the comments received from the Senate Education Committee on February 10, 1994, from IRRC on February 23, 1994, and from the public during the official comment period. The Secretary resubmitted the final-form regulations to the House and Senate Education Committees, and to IRRC on January 27, 1997. In addition to submitting the final-form regulations, the Department provided IRRC and the Committees with a copy of the detailed Regulatory Analysis Form prepared in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.''
These final-form regulations were submitted to IRRC and the Senate and House Education Committees on January 27, 1997. The House Education Committee met on February 5, 1997, and approved the regulations. The regulations were deemed approved by the Senate Education Committee on February 16, 1997. On February 20, 1997, IRRC disapproved the regulations barring publication in the Pennsylvania Bulletin. On February 26, 1997, the revised final-form regulations were submitted to IRRC and the Senate and House Education Committees. IRRC met on March 20, 1997, and approved the regulations.
Contact Person
The official responsible for information on the Department's process of promulgating these regulations is Barbara Senier, Director, Bureau of Postsecondary Services, Department of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 787-4313. The official responsible for information on the implementation of these regulations is Michael B. Poliakoff, Deputy Secretary for Postsecondary and Higher Education, Department of Education, 333 Market Street, Harrisburg, PA 17126-0333, (717) 787-5041.
Findings
The Secretary finds that:
(1) Public notice of the intention to adopt these regulations was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The adoption of the standards in the manner provided by this order is necessary and appropriate for administration of the authorizing statute.
Order
The Secretary orders that:
(a) The Secretary, acting under the authorizing statute, orders that the regulations of the Department, 22 Pa. Code, are amended by adding §§ 335.1, 335.2, 335.11--335.13, 335.21--335.23, 335.31--335.33 and 335.41--335.47 to read as set forth in Annex A.
(b) The Secretary will submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order will take effect upon publication in the Pennsylvania Bulletin.
EUGENE W. HICKOK,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 1705 (April 5, 1997).)
Fiscal Note: Fiscal Note 6-255 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 22. EDUCATION
PART XVI. STANDARDS
CHAPTER 335. COMMUNITY COLLEGE COURSES Subch.
A. GENERAL PROVISIONS B. CREDIT COURSES C. NONCREDIT COURSES D. IMPLEMENTATION E. DOCUMENTATION
Subchapter A. GENERAL PROVISIONS Sec.
335.1. Definitions. 335.2. Standards for reimbursement courses--credit and noncredit--at community college. § 335.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Public School Code of 1949 (24 P. S. §§ 1-101--27-2702).
Formal college award--A collegiate degree, collegiate certificate or collegiate diploma.
Reimbursement--Commonwealth reimbursement of a portion of a community college's operating costs for equivalent full-time students as defined in section 1913-A of the act (24 P. S. § 19-1913-A).
Remedial or developmental course--A course designed for students who are deficient in the general competencies necessary for a regular postsecondary curriculum and educational setting.
Stipend reimbursement--Commonwealth reimbursement on account of a community college's operating costs for equivalent full-time students enrolled in designated categories of 2-year or less than 2-year occupational or technical programs as defined in section 1913-A(b)(1.4)(iii) of the act.
§ 335.2. Standards for reimbursable courses--credit and noncredit--at community colleges.
To be eligible for reimbursement by the Commonwealth, each credit and each noncredit course that is offered by a community college shall meet the following criteria:
(1) The course has stated learning goals and consists of a planned sequence of topics or learning activities designed to help students achieve the stated learning goals.
(2) The course is summarized in an outline which includes at least the following elements:
(i) The course title and description.
(ii) The learning goals.
(iii) A planned sequence of topics or learning activities designed to help students achieve the learning outcomes.
(iv) A list of reference, resource or learning materials to be used by the students.
(3) The course is consistent with the college's mission, and is or was developed, approved and offered in accordance with the policies, standards, guidelines and procedures established by the college for the approval of new courses or programs.
(4) An accurate description of the course is published in the college's catalog or other official publication pertaining to the academic semesters, terms or years in which the course is offered. This criterion does not apply to noncredit courses which are custom designed to meet the needs of a particular employer or agency and, therefore, which are not available to the general public.
Subchapter B. CREDIT COURSES Sec.
335.11. Credit courses. 335.12. Standards for reimbursable credit courses at community colleges. 335.13. Remedial and developmental courses. § 335.11. Credit courses.
Credit courses are planned, postsecondary activities designed to enable students to achieve stated learning goals.
§ 335.12. Standards for reimbursable credit courses at community colleges.
To be eligible for reimbursement by the Commonwealth, each credit course offered by a community college shall meet the criteria in § 335.2 (relating to standards for reimbursable courses--credit and noncredit--at community colleges) and the following criteria:
(1) The course is assigned units of credit based on Nationally or regionally accepted practices or guidelines which are consistent with Chapter 35 (relating to community colleges).
(2) The course is delivered, or directly supervised, by an instructor whose qualifications meet the college's requirements for instructors of credit courses.
(3) The course's stated learning outcomes are necessary to enable students to attain the essential knowledge and skills embodied in the program's educational objectives, if the course is a requirement of a degree, certificate or diploma program. The college reevaluates the necessity for the course's learning goals when conducting the academic audit required by § 35.21(b) (relating to noncredit courses).
(4) The course is comparable to similar courses which are generally accepted for transfer of credit to accredited 4-year colleges and universities, if designed for transfer.
(5) The course is articulated with other courses so that it is an elective or a requirement of at least one of the college's programs of study which lead to a formal college award.
(6) The course is an elective or a requirement of a program which does not require the student to have more than 30 credit hours of postsecondary study prior to enrolling in the program unless the program is an upper-division program that was approved in accordance with § 42.21 (relating to approval).
(7) The course is evaluated at least once every 5 years in accordance with § 35.21(b) (relating to curricula) using a method determined by the college.
§ 335.13. Remedial and developmental courses.
(a) Remedial and developmental courses are eligible for reimbursement as credit courses, if they meet the criteria in §§ 335.2 and 335.12(1)--(4) (relating to standards for reimbursable courses--credit and noncredit--at community colleges; and standards for reimbursable credit courses at community colleges). Each college decides for itself whether the courses are approved for credit toward a formal college award.
(b) Remedial and developmental courses are not eligible for stipend reimbursement by the Commonwealth.
Subchapter C. NONCREDIT COURSES Sec.
335.21. Noncredit courses. 335.22. Standards for reimbursable noncredit courses at community colleges. 335.23. Courses or programs in avocational and recreational pursuits. § 335.21. Noncredit courses.
Noncredit courses are planned educational activities designed to enable students to achieve stated learning goals. They differ from credit courses by offering less depth or breadth in subject matter; or by being custom designed to meet the workforce training needs of local employers and other community organizations; or by being designed to provide advanced training for professionals or training or retraining for occupational workers; or by not being postsecondary in nature. They also differ from credit courses by not being part of a program of study which leads to a formal college award.
§ 335.22. Standards for reimbursable noncredit courses at community colleges.
To be eligible for reimbursement by the Commonwealth, each noncredit course shall meet the criteria in § 335.2 (relating to standards for reimbursable courses--credit and noncredit--at community colleges) and the following criteria:
(1) A noncredit course whose topic is the same as, or similar to, that of one of the college's credit courses will differ from the credit course in terms of learning goals or will offer less depth or breadth of subject matter.
(2) The course outline includes the number of hours of instruction--lecture and laboratory--which comprise the course.
(3) The course is delivered or directly supervised by an instructor who leads the learning process and assists the students in their learning. The college is responsible for selecting, supervising, and, whenever appropriate, dismissing the instructor.
(4) The course is designed exclusively for education or training in one of the following areas of study:
(i) Public safety. Training in firefighting, the handling of hazardous materials, emergency medical services, police work, or, with the approval of the Department of Education, training mandated by a National or State agency to ensure the public safety.
(ii) Adult basic education or adult literacy. Training in basic academic skills and life skills.
(iii) Occupational skills. Training or retraining in vocational skills and in continuing education for professions such as nursing, accounting and engineering.
(iv) Academics. Studies in the arts, sciences, humanities and mathematics.
(5) The quality of the course's content and its learning process is evaluated at least once every 5 years using a method determined by the college.
(6) The course is not a course in recreational or avocational pursuits.
§ 335.23. Courses or programs in avocational and recreational pursuits.
(a) Courses or programs in avocational pursuits are designed to provide enrollees with skills or knowledge to be used in an activity which is subordinate to their current or their planned future customary employment.
(b) Courses or programs in recreational pursuits are designed to provide enrollees with diversion or distraction from workaday routines.
(c) Course topics in avocational and recreational pursuits include:
(i) Leisure activities.
(ii) Hobbies.
(iii) Crafts.
(iv) Sports.
(v) Personal, physical or mental development, fulfillment or fitness.
(vi) Management of personal matters.
(vii) Cultural events.
(viii) Travelogues and tours.
(d) Courses in avocational and recreational pursuits are not reimbursable in accordance with section 1913-A(b)(1.2) of the act (24 P. S. § 19-1913-A(b)(1.2)).
(e) Courses in avocational and recreational pursuits will not be deemed reimbursable by virtue of the possible vocational interests of some or all of the students enrolled therein.
Subchapter D. IMPLEMENTATION SCHEDULE Sec.
335.31. New credit and noncredit courses. 335.32. Existing credit courses. 335.33. Existing noncredit courses. § 335.31. New credit and noncredit courses.
Beginning July 1, 1997, to be eligible for reimbursement by the Commonwealth, each new credit course for Fiscal Year 1997-98 and for each fiscal year thereafter, shall meet the standards in Subchapters A and B (relating to general provisions; and credit courses), and each new noncredit course shall meet the standards in Subchapter A and Subchapter C (relating to noncredit courses).
§ 335.32. Existing credit courses.
(a) Until the beginning of Fiscal Year 1999-2000, credit courses approved by the college prior to July 1, 1997, will be eligible for reimbursement, if they comply with Chapter 35 (relating to community colleges). Beginning with Fiscal Year 1999-2000 and for each fiscal year thereafter, each credit course claimed for Commonwealth reimbursement shall meet the standards in Subchapters A and B (relating to general provisions; and credit courses).
(b) To verify that existing courses are eligible for reimbursement in Fiscal Years 1997-98 and 1998-99, the college shall prepare a list of all its credit courses approved by the college prior to July 1, 1997. The list shall be prepared and submitted to the Deputy Secretary for Postsecondary and Higher Education by October 1, 1997. The list shall also be retained by the college until its State audits for those years are finalized. The list will be used by the State's auditors to verify each course's eligibility for reimbursement.
§ 335.33. Existing noncredit courses.
(a) Until the beginning of Fiscal Year 1999-2000, noncredit courses, excluding avocational and recreational courses, approved by the college prior to July 1, 1997, will be eligible for reimbursement, if they comply with Chapter 35 (relating to community colleges). Beginning with Fiscal Year 1999-2000 and for each fiscal year thereafter, each noncredit course claimed for Commonwealth reimbursement shall meet the standards in Subchapters A and C (relating to general provisions; and noncredit courses).
(b) To verify that existing courses are eligible for reimbursement in Fiscal Years 1997-98 and 1998-99, the college shall prepare a list of its noncredit courses approved by the college prior to July 1, 1997. The list shall be prepared and submitted to the Deputy Secretary for Postsecondary and Higher Education by October 1, 1997. The list shall also be retained by the college until its State audits for those years are finalized. The list will be used by the State's auditors to verify each course's eligibility for reimbursement.
Subchapter E. DOCUMENTATION Sec.
335.41. Verification of eligibility for reimbursement. 335.42. Course outlines. 335.43. Program approval policy and records. 335.44. Course evaluation and program audit. 335.45. College catalog. 335.46. Faculty qualifications. 335.47. Source of documentation. § 335.41. Verification of eligibility for reimbursement.
Each community college shall maintain and make available for review by the Department of Education or the Department's auditors the documentation provided for in this part to support claims for reimbursement of courses.
§ 335.42. Course outlines.
(a) Each community college shall prepare and maintain an outline for each course. Outlines shall:
(1) Bear the date on which the course was approved by the college.
(2) Bear an authorizing signature to indicate that the course was approved by the college and is in compliance with § 335.2(2) (relating to standards for reimbursable courses--credit and noncredit--at community colleges). The signature on the outline shall be that of the incumbent in the position specified in the college's policy on program approval as responsible for approving course outlines.
(b) Each community college shall establish an onsite depository for course outlines where they will be available for review.
§ 335.43. Program approval policy and records.
(a) Each community college shall establish and implement a written policy on program approval. The policy shall, at a minimum:
(1) Include provisions for ensuring that proposed programs, and the courses which comprise them, are consistent with the college's mission.
(2) Provide guidance on assigning units of credit to courses to ensure that the assignment complies with Chapter 35 (relating to community colleges) and reflects Nationally or regionally accepted practices.
(3) Specify the position of the person responsible for approving programs.
(4) Specify the position of the person responsible for approving course outlines.
(b) Each community college shall also maintain, in accordance with § 35.66 (relating to retention of records), a record of each approved program bearing the signature of the incumbent in the position specified in the college's policy on program approval as responsible for approving programs.
§ 335.44. Course evaluation and program audit.
(a) Each community college shall conduct course evaluations, which for credit courses shall be part of the academic audit specified in § 35.21(b) (relating to curricula). The college shall develop a written program audit and course evaluation policy that specifies the position of the person responsible for program audits. The policy shall also include provisions which require a review of the program's courses to ensure that:
(1) Course materials and content reflect current knowledge in the program's field of study.
(2) Course content is appropriate for both the objectives of the course and the goals of the program.
(3) The catalog description of the course is accurate.
(4) Each required course's stated learning goals are necessary to enable students to attain the essential knowledge and skills embodied in the program's educational objectives.
(5) The content of each course designed for transfer is similar to courses which are generally accepted for transfer of credit to accredited 4-year colleges and universities.
(b) Each community college shall establish an onsite depository of reports on the results of each program audit and course evaluation. The reports shall, at a minimum, demonstrate that the program audit addressed each of the provisions in subsection (a) and shall be signed by the incumbent in the position responsible for program audits to indicate that the program audit was performed and accepted by the college's administration. Each college shall maintain the results of each program audit and course evaluation in accordance with § 35.66 (relating to retention of records).
§ 335.45. College catalog.
(a) Each community college shall publish and maintain a catalog or other official publication of its credit and noncredit courses. The catalog or other publication shall contain accurate descriptions of courses and shall specify their prerequisites, if any. Two catalogs or other publications may be used: one for credit courses and another for noncredit courses. The latter may be an informal publication such as a tabloid or brochure.
(b) Noncredit courses which are custom designed to meet the needs of a particular employer or agency and which are not available to the general public may be omitted from the college's catalog. However, an accurate description of these courses shall be developed and maintained by the college.
(c) Catalogs and other official publications of the college's credit and noncredit programs shall be maintained as official records in accordance with § 35.66 (relating to retention of records).
§ 335.46. Faculty qualifications.
(a) Each community college shall establish and maintain a written policy on the qualifications required for faculty who teach credit courses.
(b) Each college shall also maintain a list of the instructors for its credit and noncredit courses. The list shall be maintained in accordance with § 35.66 (relating to retention of records), and shall include:
(1) The name of each instructor.
(2) The course taught by the instructor.
(3) The academic year and semester or term in which the instructor taught the course.
§ 335.47. Source of documentation.
With the approval of the Department of Education, the college may provide and make available for review the documentation required under § 335.41 (relating to verification of eligibility for reimbursement) by means of media other than paper records.
[Pa.B. Doc. No. 97-973. Filed for public inspection June 20, 1997, 9:00 a.m.]
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