PROPOSED RULEMAKING
STATE BOARD OF EDUCATION
[22 PA. CODE CH. 33]
College and University Security
[28 Pa.B. 3506] The State Board of Education (Board) proposes to amend Chapter 33 (relating to college and university security) to read as set forth at Annex A, under authority of sections 2502-1--2502-5, 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. §§ 2502-1--2502-5, 26-2603-B and 26-2604-B).
Chapter 33 governs the responsibility of institutions of higher education to report crime statistics and rates and to provide descriptions of security policies and procedures to applicants, matriculated students and employes. Proposed amendments to §§ 33.111 and 33.131 (relating to reporting crime statistics and rates; and assurance of compliance) and the addition of § 33.114 (relating to daily logs and public records) are designed to assist colleges and universities understand their responsibilities under the act of October 13, 1994 (P. L. 591, No. 87) (Act 87) requiring institutions of higher education to make available to the public daily logs of campus crimes.
Colleges and universities are currently required to collect statistics on and report rates of crimes occurring on campus. Act 87 requires colleges and universities to keep and maintain a daily log of campus crime activity and make it available for public inspection.
Purpose
The purpose of amending §§ 33.111 and 33.131 and adding § 33.114 is to ensure that institutions provide clear, readable and consistent information in their campus crime logs. There has been some unevenness in the quality, legibility and accessibility of campus crime logs and their entries. The amendments and additions will alleviate this problem.
Affected Parties
The proposed amendments will benefit Commonwealth students, employes of colleges and universities and citizens concerned about the extent of criminal activities on college and university campuses. The proposed amendments will affect the college and university personnel responsible for recordkeeping (specifically related to campus crimes).
Cost and Paperwork Estimates
Proposed amendments to §§ 33.111 and 33.131 and the addition of § 33.144 will not substantially alter paperwork, accounting or reporting requirements already in place. While the proposed amendments will affect the recordkeeping of colleges and universities, it is not expected that this affect will increase cost or paperwork to any significant or measurable degree.
Effective Date
These proposed amendments will become effective upon final publication in the Pennsylvania Bulletin.
Sunset Date
The effectiveness of Chapter 33 will be reviewed by the Board every 4 years, in accordance with the Board's policy and practice respecting all regulations of the Board. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 9, 1998, the Board submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Education. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments, by the Board, General Assembly and the Governor of objections raised.
Public Comments and Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this proposal to Peter H. Garland, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333 within 30 days of publication in the Pennsylvania Bulletin. Persons needing additional information regarding this proposal may contact Peter H. Garland at (717) 787-3787.
Persons with disabilities needing an alternative means of providing public comment may make arrangements by calling Dr. Garland at (717) 787-3787 or TDD (717) 787-7367.
Alternative formats of the proposed amendments and additions (such as, braille, large print, cassette tape) can be made available to members of the public upon request to Dr. Garland at the telephone and TDD numbers listed.
PETER H. GARLAND,
Executive DirectorFiscal Note: 6-261. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subpart C. HIGHER EDUCATION
CHAPTER 33. COLLEGE AND UNIVERSITY SECURITY
CRIME REPORTING AND DAILY LOGS § 33.111. Reporting crime statistics and rates.
* * * * * (b) Reporting to students and employes. Annually, each institution of higher education shall publish a crime report containing the crime statistics and crime rates for the most recent 3-year period. The report shall be distributed as required under § 33.112 (relating to distributing crime reports to students and employes). If the institu- tion has more than one campus, the crime report shall include campus-by-campus crime statistics and rates, and the institution may distribute to students and employes the information applicable only to their campus or the information applicable to all of the institution's campuses. A description of the campus and an explanation of campus boundaries shall be provided with the report. If abbreviations or codes are used in the annual report, an explanation of the abbreviations or codes shall be provided with the report.
* * * * * (3) All valid complaints contained in the daily crime log shall be included in the annual report.
§ 33.114. Daily logs and public records.
(a) The daily log is a public record, and institutions shall ensure public access to the daily log during regular business hours and at all other reasonable times without cost.
(b) The daily log shall include a report of each valid complaint as defined in section 2 of the act (24 P. S. § 2502-2) and all reports of crimes received by the campus police or campus security officers and the disposition of these complaints. The log shall include all felonies, misdemeanors and summary offenses. In the event of an arrest, the log shall give the names and addresses of persons arrested and charged. The names and addresses of persons arrested by State, county or local police on the campus shall be included in the daily log. Names and addresses may not, however, be included in the daily log unless arrests have been made and charges filed. This section does not amend the provisions concerning juveniles given in section 3(b.3) of the act (24 P. S. § 2502-3(b.3)).
(c) Entries in the daily log shall be typed or printed legibly and arranged in chronological order. If abbreviations or codes are used in the log, an explanation of the abbreviations or codes shall be provided to the public with the log.
(d) A description of campus boundaries used in reporting incidents in the daily log shall be provided with the daily log.
(e) The addresses of local police departments with jurisdiction over areas in immediate proximity of the campus shall be provided with the log.
ASSURANCE OF COMPLIANCE § 33.131. Assurance of compliance.
* * * * * (d) An institution of higher education shall make its published crime reports, daily logs and security procedures available to the Office of Attorney General or the Department upon request.
[Pa.B. Doc. No. 98-1184. Filed for public inspection July 24, 1998, 9:00 a.m.]
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