PROPOSED RULEMAKING
STATE BOARD
OF EDUCATION
[ 22 PA. CODE CH. 42 ]
Program Approval
[38 Pa.B. 1961]
[Saturday, April 26, 2008]The State Board of Education (Board) proposes to amend Chapter 42 (relating to program approval) to read as set forth in Annex A. The Board is acting under the authority of section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).
Purpose
The purpose of amending Chapter 42 is to update and clarify the regulations that establish requirements for the approval of certain programs offered by postsecondary degree-granting institutions in this Commonwealth. The provisions of Chapter 42 apply to specialized associate degree programs offered by a licensed trade, business, correspondence or beauty culture school; an incorporated 2-year college, college, seminary or university that lead to degrees that have not had prior approval; upper division undergraduate programs at two 2-year colleges or community colleges; and additional educational offerings of a foreign corporation approved to operate at a specific site in this Commonwealth. The Board last revised Chapter 42 in 1986.
Requirements of the Proposed Rulemaking
The proposed rulemaking establishes a waiver process for private licensed schools meeting certain criteria for the past 10 years from needing a team site visit; permits 2-year colleges, colleges, universities, seminaries and graduate degree granting institutions to request a waiver from certain aspects of the program approval application process; requires new graduate degree programs to document the academic need and workforce demand for each program or educational offering; and removes sections addressing vocational degree programs which are no longer used.
Affected Parties
The proposed rulemaking affects the students and professional employees of the degree-granting postsecondary institutions of this Commonwealth. This includes all institutions of postsecondary education, domestic or foreign, including out-of-State and out-of-country, legally authorized to award college credits or grant degrees in this Commonwealth.
Cost and Paperwork Estimates
The proposed rulemaking will clarify current requirements. It does not impose any new costs or savings for the Department of Education. The proposed rulemaking may save postsecondary institutions approximately $41,250 annually.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
The Board will review the effectiveness of Chapter 42 every 4 years in accordance with the Board's policy and practice respecting all regulations promulgated by the Board. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (act) (71 P. S. § 745.5(a)), on April 10, 2008, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Education. A copy of this material is available to the public upon request.
Under section 5(g) of the act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comments and Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this proposal to Jim Buckheit, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333, jbuckheit@state.pa.us, within 30 days following publication in the Pennsylvania Bulletin.
Persons with disabilities needing an alternative means of providing public comment may make arrangements by calling Jim Buckheit at (717) 787-3787 or TDD (717) 787-7367.
JIM BUCKHEIT,
Executive DirectorFiscal Note: 006-311. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
CHAPTER 42. PROGRAM APPROVAL
PRELIMINARY PROVISIONS § 42.1. Scope.
This chapter and Chapter 31 (relating to general provisions) apply to approval of [all of] the following:
(1) Specialized associate degree programs at a licensed trade, business, correspondence or beauty culture school [which] that is [chartered or] established by statute in this Commonwealth.
(2) Additional programs at a chartered [junior] 2-year college, college, seminary or university [which] that lead to degrees and [which] that have not had prior approval consistent with the articles of incorporation. See § 40.56 (relating to additional programs).
(3) Upper division undergraduate programs at [junior] 2-years or community colleges.
(4) Additional [programs] educational offerings of a foreign corporation approved to operate at a specific site in this Commonwealth. [A program] Educational offerings having prior approval may be transferred to another site only after receiving approval of the Department.
[(5) Vocational educational programs at institutions desiring approval for State/Federal money allotted for vocational education. Federal eligibility restrictions will apply when necessary.]
SPECIALIZED ASSOCIATE DEGREE PROGRAMS APPROVAL PROCEDURE § 42.11. Application.
* * * * * (d) An approved Pennsylvania private licensed school may request a waiver from a team site visit as part of the evaluation process if it meets the following criteria for the 10 consecutive years just prior to application:
(1) The school has:
(i) Been an approved private licensed school.
(ii) Not been subjected by its accrediting agency to an order to show cause, probation or loss of accreditation.
(iii) Not undergone major corporate change.
(iv) Maintained compliance with applicable statutes and regulations.
(v) Not been under corrective action status, as defined in § 31.2 (relating to definitions).
(vi) Held authority to award specialized associate degrees (the Associate in Specialized Business degree or the Associate in Specialized Technology degree).
(vii) Not been found in violation of the Private Licensed Schools Act (24 P. S. §§ 6501--6518) or its implementing regulations in Chapter 73 (relating to general provisions).
(2) The process for requesting the waiver shall be by written request made to the Department, along with the completed full application in the form and content prescribed by the Department in its application guidelines. The Department will review the request for waiver within 30 days of receipt. Upon review, the Department will approve the waiver request and proceed with the application process, request more information, or explain why the institution must proceed with the site visit. Upon request for additional information, the institution will have 30 days to respond, and the Department will have 30 days subsequent to that response to make a determination on the waiver.
§ 42.12. Evaluation.
(a) An evaluation committee shall be selected [by the Department] in accordance with § 42.32(a) (relating to approval process). Members of the committee shall qualify as authorities in the program areas to be investigated. The committee shall consist of a representative of the Department and [such] other representation as [is] appropriate to the specific goals of the applying institution.
(b) The committee shall consider:
* * * * * (6) Faculty retention [and], the qualification of the faculty, and provisions for faculty development at the institution.
(7) The accommodations and facilities of the institution, including the adequacy of the library and learning resources necessary to support all aspects of the degree and program.
* * * * * (c) The committee shall evaluate all documentation submitted by the applicant[, conduct a site visit] (in accordance with Department guidelines) to evaluate the program, conduct a site visit if not waived under § 42.11 (relating to application), and submit a written report, with recommendations, to the Department. This report shall be submitted to the institution by the Department for [the institution's reaction] response by the institution. The committee's report and the institution's [reaction] response are the primary basis on which the Secretary makes a decision.
§ 42.13. Approval.
(a) [A program may receive initial approval, including institutional authorization to award the degree specified, for a period of 3 to 6 years during which the program is subject to periodic review by the Department.
(b) A program may receive approved status upon completion of initial approval when it has met all prescribed conditions.] An institution may be granted authority to offer the program and award the degree specified. The institution's implementation of the degree program remains subject to periodic review by the Department. The Department shall be notified immediately by the chief executive officer or [his] a designee if the school has new management or ownership. [In order to] To assure the maintenance of the quality of programs, the institution shall be subject to visitation and inspection by the Department and action, when appropriate, as specified in § 42.14 (relating to revocation of degree-granting privilege).
UPPER-DIVISION UNDERGRADUATE PROGRAM APPROVAL FOR [JUNIOR] 2-YEAR OR COMMUNITY COLLEGES § 42.21. Approval Criteria.
(a) A [junior] 2-year or community college may offer an upper-division program not culminating in a baccalaureate degree when approval of the Department is obtained based upon the following criteria:
* * * * * (4) [The advice of the regional coordinating council of the region in which the junior or community college is located.
(5)] For a [junior] 2-year college, evidence of financial support for the proposed upper-division program.
[(6)] (5) For a community college, an estimate of the cost to the Commonwealth of funding the proposed upper-division program.
(b) If a [junior] 2-year college desires to grant a baccalaureate degree at the end of upper-division programs, it should [make application] apply to the Department to become a college in accordance with [the provisions of] Chapter 40 (relating to institutional approval).
APPROVAL OF ADDITIONAL PROGRAMS NOT PREVIOUSLY APPROVED § 42.31. Applicability.
At a [junior] 2-year college, college, university, seminary or foreign corporation, additional programs [which] that lead to degrees and [which] that have not had prior approval, as appropriate, may be instituted only after receiving approval from the Secretary. An institution with charter status shall also comply with § 40.56 (relating to additional programs).
§ 42.32. Approval process.
* * * * * (b) An institution having no prior approval for graduate programs and requesting approval of a program leading to a graduate degree shall also comply with §§ 42.41--[42.47] 42.45 (relating to graduate program approval procedure).
(c) [An institution having charter status shall also comply with § 40.56 (relating to additional programs).] The procedure for a request of wavier from the application process is as follows:
(1) An approved Pennsylvania 2-year college, college, university, seminary or graduate degree granting institution may request a waiver from the application process for program approval if it meets the following criteria for the 10 consecutive years just prior to the request for waiver. To be eligible, an institution shall have:
(i) Maintained its current institutional status.
(ii) Not undergone major corporate change.
(iii) Maintained compliance with applicable statutes and regulations.
(iv) Maintained good standing with its institutional accrediting agency, if applicable.
(v) Not been under corrective action status as defined in § 31.2 (relating to definitions).
(2) A waiver may not be granted to add a new degree level, programs leading to new degrees, new broad areas of curricular content, new locations of operation within this Commonwealth for State-supported institutions or for changing institutional status.
(3) Institutions shall request the waiver in writing following the form and content described in guidelines issued by the Department and posted on the Department's web site.
(4) The Department will provide written notification to the institution regarding the status of the waiver request within 30 business days of receipt. The notification will advise the institution that its request is approved, request additional information to be submitted within 30 business days necessary for the Department to make a determination, or provide an explanation why the institution must proceed through the regular application process.
(5) Foreign corporations operating within this Commonwealth shall comply with this section to obtain approval to revise their educational offerings.
(d) Initial approval of programs, including institutional authorization to award the degree specified, is provisional. Annual reports, or more frequent reports if requested, shall be sent to the Department by the institution as requested.
(e) Following provisional approval, an institution may receive final approval for the requested programs when, in the opinion of the Secretary, it has met prescribed conditions.
(f) Programs requiring accreditation at the time of provisional approval will need the designation before the program will be recommended for final approval by the Secretary.
GRADUATE PROGRAM APPROVAL PROCEDURE § 42.41. Statement of philosophy and need.
An institution applying for approval to grant graduate degrees shall submit a statement of its philosophy of graduate education as part of the application. This statement [shall] must set forth the philosophy of the institution with respect to research, instruction and the goals of graduate education, including the major categories of graduate programs to be provided and the institution's provisions for affirmative action and equal educational opportunity. The statement [shall] must show the total planning of the institution for graduate instruction and [shall] must include the evaluation procedures used to determine future developments. The statement also [shall] must document how the proposed graduate instruction fulfills the educational needs of this Commonwealth and [does not duplicate education already provided in the institution's service region and this Commonwealth] must document the academic need and workforce demand for each program or educational offering.
§ 42.45. Application.
[An institution desiring approval to offer graduate programs shall, after consultation with the Department, submit an application to the Department on forms provided by the Department.] The application, evaluation and approval of graduate programs shall follow the procedures in § 42.32 (relating to approval process). The application [may] shall be filed [not later than] by July 1 of the calendar year preceding the academic year in which the institution desires the approval.
* * * * * (Editor's Note: As part of this proposed rulemaking, the Board is proposing to rescind §§ 42.46, 42.47 and 42.51--42.59, which appear at 22 Pa. Code pages 42-8--42-11, serial pages (220294)--(220297).)
§ 42.46. (Reserved).
§ 42.47. (Reserved).
§ 42.51--42.59. (Reserved).
APPEALS § 42.61. Appeals, hearings and notice.
[A licensed trade, business, correspondence or beauty culture school denied approved status or having its degree-granting privilege revoked, or a junior college, community college, college, professional school, university or State System university] Institutions of any type offering degrees at any level denied approval of a program may request the Department to provide administrative hearings and notice under the appeal procedures of 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies).
RECODIFICATION § 42.71. Recodification.
(a) [Sections of this chapter replace sections of] Vocational education degree programs are covered by Chapters 33, 37, 39, 41, 43, 45, 46, 47 and 48.
(b) This chapter is integrated with [Chapter 31 (relating to general provisions) and Chapter 40 (relating to institutional approval)] Chapters 31, 35, 36, 40 and 73.
[Pa.B. Doc. No. 08-791. Filed for public inspection April 25, 2008, 9:00 a.m.]
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