RULES AND REGULATIONS
Title 22--EDUCATION
STATE BOARD OF EDUCATION
[22 PA. CODE CH. 31]
Higher Education General Provisions
[36 Pa.B. 3650]
[Saturday, July 15, 2006]The State Board of Education (Board) amends Chapter 31 (relating to general provisions) to read as set forth in Annex A. Notice of proposed rulemaking was published at 35 Pa.B. 6242 (November 12, 2005) with an invitation to submit written comments.
Chapter 31 sets forth requirements that all degree-granting higher education institutions must follow to operate in this Commonwealth. The overarching purposes of this final-form rulemaking are to align the regulations with State statutory provisions, reflect increased use of technology and distance-learning and update the regulations.
Statutory Authority
The Board takes this action under section 2603-B of the Public School Code of 1949 (code) (24 P. S. § 26-2603-B).
Background
The purpose of amending Chapter 31 is to update and clarify the regulations that establish requirements for the approval and operation of postsecondary degree-granting institutions in this Commonwealth.
The final-form rulemaking addresses requirements for the governance, academic program, admissions and student services, facilities, maintenance of quality, honorary degrees and major corporate change of postsecondary institutions.
Summary of Public Comments and Responses to Proposed Rulemaking
The Board received comments from the Independent Regulatory Review Commission (IRRC). Letters were also received from the Pennsylvania Association of Independent Colleges and Universities and the Pennsylvania Association of Private School Administrators after the conclusion of the 30-day public comment period.
Following is a summary of the comments and the Board's responses to these comments.
§ 31.1. Purpose and scope.
Comment: IRRC recommended revisions to the numbering in this section. It also suggested that the Board reference the specific operational requirements that higher education institutions must meet under this provision.
Response: The Board renumbered this section and has also clarified the requirements that postsecondary institutions must meet to be permitted to conduct more than 50% of their degree granting programs through distance education.
§ 31.2. Definitions.
Comment: IRRC shared concerns that the definition of ''CEC--Community Education Council'' contains substantive provisions and that substantive provisions in a definition are not enforceable. In addition, IRRC shared concerns that the definition is not consistent with that outlined in statute.
Response: The Board deleted the substantive provisions of the definition. It also revised the definition to have the same meaning as defined in the statute.
Comment: Since the Board added the term ''corrective action status'' to the final-form rulemaking, a definition in this section has been included. The Board also revised the definition of ''foreign corporation'' to align it with its current use and meaning in this chapter.
§ 31.12. President and board or council of trustees.
Comment: The Association of Independent Colleges and Universities of Pennsylvania commented that oversight of institution-wide assessment should be determined by the institution, not directed by this regulation was proposed in subsection (a)(4).
Response: The Board concurs and has deleted the proposed language.
§ 31.21. Curricula.
Comment: IRRC echoed concerns raised by the Pennsylvania Association of Private School Administrators that questioned the meaning of the term ''general education'' in subsection (b) as it applies to ''specialized degrees.'' IRRC also suggested that the section be renumbered and the regulations and policies referred to in subsection (d) be listed.
Response: The Board has revised its language regarding general education, which now meets with approval by the Pennsylvania Association of Private School Administrators. The section has been renumbered and the listing of applicable regulations added.
§ 31.24. Faculty.
Comment: The Association of Independent Colleges and Universities suggested that subsection (d) be clarified as to the requirements for professional development, particularly as they apply to part-time and adjunct faculty.
Response: The Board revised the regulation to require that an institution address its own policy for providing professional development to members of its faculty in its plan. This places the responsibility on the institution to determine whether and how it will address professional development for its faculty.
§ 31.33. Student records and services.
Comment: IRRC suggested that the specific references to the laws or local policies that could require updates in the student record plans of institutions be listed in subsection (a).
Response: The language in this section has been revised to have the Department of Education (Department) provide guidance as to the applicable Federal, State and local laws, regulations and directives regarding student records. There are numerous laws that apply and they are frequently amended.
Comment: IRRC suggested that in subsection (b)(7) the specific laws and regulation that are pertinent to students with special needs at the covered institutions be identified.
Response: The Board revised the subsection to specify that institutions shall comply with the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12210) and 34 Pa. Code Chapter 47, Subchapter D (relating to facilities for handicapped).
Affected Parties
The final-form rulemaking affects the students and professional employees of the degree-granting postsecondary institutions in this Commonwealth. This includes institutions of postsecondary education, domestic or foreign (including both out-of-State and out-of-country), that are legally authorized to award college credits or grant degrees in this Commonwealth.
Fiscal Impact and Paperwork Requirements
Since the final-form rulemaking is designed to be aligned with current statutory requirements and merely clarify current requirements, it does not impose any new costs or savings for the Department or to postsecondary institutions.
Effective Date
The final-form rulemaking is effective upon publication in the Pennsylvania Bulletin.
Sunset Date
In accordance with its policy and practice respecting all regulations promulgated by the Board, the Board will review the effectiveness of Chapter 31 every 4 years. Therefore, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 27, 2005, the Board submitted a copy of the notice of proposed rulemaking, published at 35 Pa.B. 6242, to IRRC and the Chairpersons of the House and Senate Committees on Education for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on May 31, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on June 1, 2006, and approved the final-form rulemaking.
Contact Person
The official responsible for information on these final-form regulations is Jim Buckheit, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333, telephone (717) 787-3787 or TDD (717) 787-7367.
Findings
The Board finds that:
(1) Public notice of the intention to adopt this final-form rulemaking 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, 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 final-form rulemaking is necessary and appropriate for the administration of the code.
Order
The Board, acting under authorizing statute, orders that:
(a) The regulations of the Board, 22 Pa. Code Chapter 31, are amended by amending §§ 31.13, 31.14, 31.23, 31.32, 31.41, 31.43, 31.52 and 31.72 and by adding § 31.34 to read as set forth at 35 Pa.B. 6242; and by amending §§ 31.1, 31.2, 31.12, 31.21, 31.24, 31.33 and 31.62 to read as set forth in Annex A.
(b) The Executive Director will submit this order, 35 Pa.B. 6242 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 Executive Director shall certify this order, 35 Pa.B. 6242 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order is effective upon publication in the Pennsylvania Bulletin.
JIM BUCKHEIT,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 3051 (June 17, 2006).)
Fiscal Note: Fiscal Note 6-297 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subpart C. HIGHER EDUCATION
CHAPTER 31. GENERAL PROVISIONS
PRELIMINARY PROVISIONS § 31.1. Purpose and scope.
(a) This chapter provides protection for students and citizens of this Commonwealth, guides the orderly development of postsecondary education in this Commonwealth and offers direction to those intending to establish new institutions of postsecondary education in this Commonwealth.
(b) This chapter does not apply to Chapter 35 (relating to community colleges), except for the following:
(1) Section 31.6 (relating to information).
(2) Section 31.23 (relating to program data base).
(3) Section 31.24(e) (relating to faculty).
(4) Section 31.52 (relating to accreditation).
(5) Sections 31.61--31.63 (relating to honorary degrees).
(6) Section 31.71 (relating to notification).
(7) Section 31.72 (relating to obligations).
(8) The definition of ''major corporate change'' under § 31.2 (relating to definitions).
(9) Section 31.21(a) and (b) (relating to curricula).
(c) Exclusive of community colleges, this chapter applies to an institution of postsecondary education, domestic or foreign, including both out-of-State and out-of-country, legally authorized to award college credits or grant degrees in this Commonwealth, and to an institution or chartering group applying for authorization. An entity is required to be approved as a postsecondary institution under this chapter to award college credits or grant degrees in this Commonwealth. An institution is prohibited by law to operate in this Commonwealth and award college credits or grant degrees unless legally authorized to do so. Provisions of Board regulations in this part that are in conflict with this chapter do not affect the applicability of this chapter unless specified by another provision of Board regulations in this part.
(d) This subpart establishes the minimum standards for achieving and maintaining approval of institutions and programs.
(e) Only a postsecondary degree-granting institution having more than 50% of its degree programs consisting of resident-based instruction may be established or operate in this Commonwealth. For combination programs, the residential portion of the program shall be offered on a regularly scheduled basis. An approved postsecondary degree-granting institution that has operated for 10 years within this Commonwealth, or a private licensed school offering AST or ASB degrees that has operated for 10 years within this Commonwealth, may petition the Department to be established to operate as a college or university with more than 50% of its degree programs offered through distance education, if it has demonstrated the following:
(1) Accreditation by a regional accreditation agency approved by the United States Department of Education.
(2) Graduated a minimum of 25 students each from 10 degree programs in place at the time of petitioning for approval.
(3) Is not in corrective action status.
(4) The Department has not initiated the process to revoke its approval of the institution.
(f) Except as specifically provided in this chapter, this chapter does not apply to private licensed schools or other proprietary institutions of postsecondary education that do not offer degrees. These institutions are governed by the Private Licensed Schools Act (24 P. S. §§ 6501--6518) and Chapters 42 and 73 (relating to program approval; and private licensed schools--general provisions).
§ 31.2. Definitions.
The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:
ASB--Associate in Specialized Business.
AST--Associate in Specialized Technology.
CEC--Community Education Council--A nonprofit educational organization as defined in Article XIX-D of the School Code (24 P. S. §§ 19-1901-D--1905-D).
Chartered status--Classification of a 2-year college, college, seminary or university established under one of the following:
(i) 15 Pa.C.S. Part II, Subpart B (relating to Business Corporation Law of 1988).
(ii) 15 Pa.C.S. Part II, Subpart C (relating to Nonprofit Corporation Law of 1988).
(iii) Section 2601-H of the School Code (24 P. S. § 26-2601-H).
(iv) 24 Pa.C.S. Chapter 65 (relating to private colleges, universities and seminaries).
College--An institution which, in accordance with its charter or articles of incorporation, offers 2-year, 4-year or 5-year postsecondary educational programs or their equivalent and which grants associate, baccalaureate or first professional degrees. In some instances, a 4-year college may offer graduate programs culminating with graduate degrees when it has the appropriate approval under Chapter 42 (relating to program approval).
Combination program--An academic degree program that uses both distance learning and classroom instruction to deliver instructional content.
Community college--A college or technical institute which offers 2-year, secondary and postsecondary, transfer, college parallel, terminal-general, terminal-technical, out-of-school youth or adult education programs or a combination of these; grants certificates and associate degrees; and is established and operated in accordance with Article XIX-A of the School Code (24 P. S. §§ 19-1901-A--19-1918-A). A community college also may offer upper-division programs not culminating in a baccalaureate degree when it has the appropriate approval under Chapter 42.
Corrective action status--A period during which an institution is required by the Department to correct deficiencies identified during the Department's institutional review. Corrective action status begins upon receipt of written notification from the Department. Corrective action status ends upon receipt of written notification from the Department that the institution has resolved all deficiencies.
Distance education--An alternate format to resident-based instruction for offering education courses or series of courses by an approved postsecondary educational institution, consortium of institutions or educational enterprise, for which credit is offered or awarded toward a certificate, diploma or degree, which has as its primary mode of delivery one or more of the following:
(i) Correspondence.
(ii) Television.
(iii) Videocassette or disk.
(iv) Film.
(v) Radio.
(vi) Computer.
(vii) Devices built upon an audio-video format.
(viii) Other supportive devices using current or future technology.
Education enterprise--An educational activity in this Commonwealth that is sponsored by a foreign corporation and for which college credits or continuing education units are awarded, continuing professional education is offered (culminating in awards such as Continuing Education Unit (CEU), Continuing Medical Education (CME) or Continuing Professional Education (CPE)), or tuition or fees are charged or collected.
Employment area--A geographic area wherein persons who complete vocational education programs are most likely to be employed.
Foreign corporation--A corporation, entity or institution that is incorporated or authorized by other means in a state other than this Commonwealth and is approved and authorized to operate an education enterprise in this Commonwealth under 15 Pa.C.S. Part II, Subparts B or C, and 24 Pa.C.S. Chapter 65.
Graduate program--A program which is beyond the baccalaureate level from the master's to the postdoctoral levels and which provides advanced study and exploration in a particular discipline or the application of knowledge to professional ends.
Independent status--Classification of an institution which is legally authorized to grant degrees but which is not statutorily established as an instrumentality of the Commonwealth.
Licensed status--Classification of a school or classes providing resident instruction in the skilled trades, industry or business, or systematic instruction by correspondence or telecommunication, which school, classes or systematic instruction are established and licensed or registered under the Private Licensed Schools Act (24 P. S. §§ 6501--6518).
Long-range vocational education plan--A plan for directing resources toward the improvement of vocational education programs and services to meet labor market needs, which plan is based upon data compiled on the supply of and demand for trained workers in business and industry.
Major corporate change--A restructuring of the postsecondary institution's corporation, including, but not limited to, the following:
(i) Merger.
(ii) Federation.
(iii) Consolidation.
(iv) Sale of assets.
(v) Change of sponsorship.
(vi) Division.
(vii) Dissolution or closure.
(viii) Bankruptcy.
Physical presence--The operation of an entity that offers courses, programs, or degrees or maintains a campus, or an administrative, corporate or other address, including a post office box, telephone number, recruiters, instructors, advertising in local media and publications at a location in this Commonwealth.
Professional program--A program which culminates with a baccalaureate, first professional or graduate degree; provides preparation for practice in professions, including medicine, allied health, dentistry, law, engineering, architecture, ministry and teaching; and educates persons in the field of study.
Professional school--An organized administrative unit of a school, college, university or seminary offering one or more professional programs.
Resident-based instruction--A course or series of courses or programs offered by a postsecondary educational institution and taught by faculty at a specific physical location where students physically attend the courses or programs.
School Code--The Public School Code of 1949 (24 P. S. §§ 1-101--27-2702).
Seminary--An institution which offers one or more professional programs to candidates for the priesthood, ministry or rabbinate.
Specialized associate degree program--A program culminating in an occupational degree, either an ASB degree or AST degree, that is designed to prepare a student for employment in an area requiring specialized instruction beyond secondary education.
State-aided status--Classification of a nonprofit institution which is legally authorized to grant degrees; offers needed, specified higher education services in the public interest of the Commonwealth; and receives a direct Commonwealth appropriation.
State-related status--Classification of a nonprofit institution which is legally authorized to grant degrees; offers needed, specified higher education services in the public interest of the Commonwealth; is statutorily established as an instrumentality of the Commonwealth; and receives a direct annual Commonwealth appropriation.
State System--Classification of universities established under Article XX-A of the School Code (24 P. S. §§ 20-2001-A--20-2019-A).
State System status--Classification of a nonprofit institution which is legally authorized to grant degrees; offers needed, specified higher education services in the public interest of the Commonwealth; and receives a direct annual Commonwealth appropriation.
Two-year college--An institution that offers full 2-year postsecondary educational programs culminating with associate degrees. A 2-year college also may offer upper-division programs not culminating in a baccalaureate degree when it has the appropriate approval under Chapter 42.
University--A multiunit institution with a complex structure and diverse educational functions, including instruction, promotion of scholarship, preservation and discovery of knowledge, research and service. A university meets the following criteria:
(i) Consists of a minimum of three units.
(A) The first unit provides for study of the arts and sciences at the undergraduate level.
(B) The second unit provides advanced degree programs through the doctorate in the arts and sciences, with an adequate number of majors in the various disciplines.
(C) The third unit provides a minimum of five professional programs at the graduate level.
(ii) Has a broad foundation in the arts and sciences, which is instilled in the philosophy and implementation of the undergraduate and graduate education curriculum.
(iii) Provides access to cultural facilities and opportunities to the community and utilizes similar assets of the community.
Vocational education--Programs which provide an organized process of learning experience designed to develop skills, knowledge, attitudes, work habits and leadership skills for entry into and advancement within various levels of employment in current or emerging occupational areas.
GOVERNANCE § 31.12. President and board or council of trustees.
(a) For an institution, the minimum and maximum number of trustees shall be stated in the articles of incorporation of the institution. The composition, selection, term of office, and the like, of the board or council of trustees shall be stated in the bylaws of the corporation. The composition of the board or council must include members of the professions, business, industry and other organizations or lay persons. The board of trustees shall have as its main function the legal operation of the institution. The primary areas of responsibility of the board are:
(1) Formulation of basic institutional policy.
(2) Selection of the president and maintenance of constructive relationships with the president and the administrative staff.
(3) Conservation, use and development of the resources of the institution.
(b) For a State System university subject to the authority of the Board of Governors, the chancellor, the president, together with the council of trustees, shall give overall policy direction to the institution. The president shall administer and manage the institution under Article XX-A of the School Code (24 P. S. §§ 20-2001-A--20-2019-A).
ACADEMIC PROGRAM § 31.21. Curricula.
(a) The curricula must provide the opportunity for the achievement of the stated objectives of the institution, as related to its statement of philosophy and mission, and must be structured in a group of coherent, integrated degree programs.
(b) Degree requirements stated in this section may be stated in terms of semester credit hours or quarter credit hours, as determined by the institution and conforming to generally accepted academic practices. General education, as defined in this section, refers to the curricular inclusion of humanities, arts, communications, social sciences, mathematics, technology and science courses in support of the mission of the institution. A semester credit hour represents a unit of curricular material that normally can be taught in a minimum of 14 hours of classroom instruction, plus appropriate outside preparation or the equivalent as determined by the faculty. A quarter credit hour represents a unit of curricular material that normally can be taught in a minimum of 10 hours of classroom instruction, plus appropriate outside preparation or the equivalent as determined by the faculty.
(1) An associate degree exclusive of a specialized associate degree must require the satisfactory completion of a minimum of 60 semester credit hours, which includes a minimum of 20 semester credit hours of general education, or a minimum of 90 quarter credit hours, which must include a minimum of 30 quarter credit hours of general education.
(2) A specialized associate degree must require the satisfactory completion of at least 60 semester credit hours with a minimum of 1,500 clock hours or a minimum of 90 quarter credit hours. At least 70%, but no more than 80%, of the program must consist of specialized instruction that bears directly upon the employment objectives of the program; and at least 20% of the program must consist of general education.
(3) A baccalaureate degree must require the satisfactory completion of a minimum of 120 semester credit hours or a minimum of 180 quarter credits. Of the total baccalaureate degree program course requirements, at least 40 semester credit hours or 60 quarter credit hours must be in general education and represent a broad spectrum of disciplines in general education.
(4) A first professional degree, except those for the preparation of professional educators, must require the satisfactory completion of a minimum of 60 semester credit hours or 90 quarter credit hours for admission to the degree program and the satisfactory completion of a total minimum of 150 semester credit hours or 225 quarter credit hours for the program. Professional educator preparation programs must comply with Chapter 354 (relating to preparation of professional educators).
(5) A master's degree must require the satisfactory completion of a minimum of 30 semester credit hours or 45 quarter credit hours beyond the baccalaureate level.
(6) The number of semester or quarter credit hours for a degree beyond a first professional or master's degree shall be determined by the faculty and reflect the recommendations of professional associations or National learned societies.
(c) An institution may enter into agreements with other institutions, individuals or other providers of educational services to provide all or part of certain programs on behalf of the institution. A course offered for institutional credit shall be operated directly by or under the control of the institution granting the credit.
(d) To assure academic integrity, an institution shall provide students in a distance education program access to academic and student services, including textbooks, study guides, library and other learning resources, personal interaction with faculty, tutors or other educational personnel by computer, telephone, mail or face-to-face meetings. The institution shall assure integrity of student work and provide opportunity for student assessment. These programs must comply with the regulations that apply to resident-based programs as prescribed in this chapter and Chapters 35, 36, 40 and 42 and conform to generally accepted academic practices for delivery of instruction through distance education.
§ 31.24. Faculty.
(a) To provide for the achievement of stated institutional objectives, the faculty shall be sufficient in number to meet instructional needs and provide student advisement appropriate to the level of instruction.
(b) Both full-time and part-time faculty members shall be employed and qualified to teach in their fields of specialization. At a college or university, a majority of the faculty members shall hold a master's degree or a doctorate or an equivalent, in the field in which they are teaching. Faculty members offering graduate and professional instruction shall, in most instances, have experience or professional accomplishment supplementing the attainment of the highest degree.
(c) Full-time faculty members shall constitute a majority of the total number of full-time-equivalent faculty employed by the institution. Care shall be taken to ensure that total commitments of part-time faculty do not impair the quality of the program.
(d) Faculty development must be in accordance with the institution's faculty development plan. The institution's faculty development plan must include policies for providing levels of support for all faculty ranks and status levels. The institution should encourage publication, travel, attendance at professional seminars and conferences, research and similar developmental activities when feasible by the granting of reduced teaching loads, the purchase of needed equipment, and the granting of or assistance in obtaining needed funds.
(e) Each institution of higher education operating in this Commonwealth shall comply with the English Fluency in Higher Education Act (24 P. S. §§ 6801--6806), by filing the certification required by the act by September 1 of each year in the form requested by the Department. Failure to comply with the act and with this subsection shall subject the institution to the penalties under the act.
ADMISSIONS AND STUDENT SERVICES § 31.33. Student records and services.
(a) An academic record, including credits or courses completed under § 31.21 (relating to curricula) and grades earned, shall be maintained on a current transcript for each student. Institutions shall adopt a plan for the collection, maintenance and dissemination of student academic, counseling, health and other records. Copies of the plan shall be maintained by the institution and updated periodically to ensure compliance with all Federal, State and local laws. The plan for student records must conform to applicable Federal, State and local laws, regulations and directives identified in guidelines issued by the Department. Student records shall be maintained in a readily accessible format. Appropriate standards of confidentiality for the records shall be defined in the college policies and official publications and administered accordingly. Students shall be granted the right of access, under the requirements of law, to their official records.
(b) There shall be a program of student services to provide for the following:
(1) Health protection and emergency health care.
(2) Personal, social and academic counseling.
(3) Remedial or developmental programs, when required, for adjustment to collegiate demands.
(4) Career counseling, follow-up services for graduates and professional placement.
(5) Financial aid and orientation programs.
(6) Student activities, extracurricular programs and recreational programs.
(7) Reasonable accommodation for students with special needs in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12213) and with 34 Pa. Code Chapter 47, Subchapter D (relating to facilities for handicapped).
HONORARY DEGREES § 31.62. Approval procedure.
(a) An institution that desires to award honorary degrees and does not have legal authorization allowing this privilege may petition the Secretary for approval to award the degrees. In the petition, the institution shall set forth the degrees to be awarded and the procedures for the selection of candidates and be prepared to support awards of honorary degrees on the basis of meritorious service to mankind.
(b) An institution approved to award honorary degrees under subsection (a) is not required to submit complete petitions to award additional honorary degrees, but shall apply to the Secretary to be permitted to award types of honorary degrees not previously approved.
[Pa.B. Doc. No. 06-1319. Filed for public inspection July 14, 2006, 9:00 a.m.]
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