PROPOSED RULEMAKING
STATE BOARD OF EDUCATION
[22 PA. CODE CH. 36]
Foreign Corporation Standards
[36 Pa.B. 3280]
[Saturday, July 1, 2006]The State Board of Education (Board) proposes to amend Chapter 36 (relating to foreign corporation standards) 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 (code) (24 P. S. § 26-2603-B).
Purpose
The purpose of this proposed rulemaking is to update and clarify the regulations that establish requirements for the approval and operation of postsecondary degree-granting institutions in this Commonwealth.
Requirements of the Proposed Rulemaking
The proposed rulemaking addresses requirements for the corporate commitment, governance, curricula, faculty, admissions requirements, resources and facilities and evaluation and approval of degree-granting post-secondary institutions either operated or owned by a foreign corporation. A foreign corporation is an entity that is registered or chartered by another state or country.
The proposed rulemaking is designed primarily to align the regulations with section 2601-H of the code (24 P. S. § 26-2601-H), regarding power to confer degrees. This section authorized the operation of for-profit post-secondary degree granting institutions in this Commonwealth.
Affected Parties
The proposed rulemaking affects 2-year colleges, college and universities, specialized degree-granting institutions, professional schools and seminaries that are chartered out-of-State or out-of-country that have or seek legal authority to award college credits or grant degrees in this Commonwealth.
Cost and Paperwork Estimates
Since the proposed rulemaking clarifies current requirements, it does not impose any new costs or savings for the Department of Education or to postsecondary institutions.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
In accordance with its policy and practice respecting all regulations promulgated by the Board, every 4 years the Board will review the effectiveness of Chapter 36. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 19, 2006, the Board submitted a copy of this proposed rulemaking and a copy of a 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 Regulatory Review 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 must specify the regulatory review criteria which have not been met. The Regulatory Review 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 proposed rulemaking 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: 6-302. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subchapter C. HIGHER EDUCATION
CHAPTER 36. FOREIGN CORPORATION STANDARDS § 36.2. [Institutional] Corporate commitment.
[The commitment of a] A foreign corporation [to an off-campus enterprise] having operations in this Commonwealth shall provide adequate support to ensure compliance with the requirements of an accrediting body recognized by the United States Department of Education and acceptable to the Pennsylvania Department of Education, as well as with applicable Pennsylvania statutes and regulations. The Commonwealth enterprise shall be consistent with [its] the statement of philosophy and objectives and [shall be] equivalent to [its] the commitment to similar programs conducted by the corporation on its main campus or as approved by the Department.
§ 36.3. Governance.
(a) The board of trustees shall have approved [off-campus endeavors] the Commonwealth enterprise of the institution and shall have authorized the request for approval of an educational enterprise in this Commonwealth.
(b) Planning, administration and evaluation of [an off-campus enterprise] the Commonwealth enterprise shall be an integral and continuous part of the [institution's] corporation's normal procedures.
* * * * * (d) Institutional policies that govern the Commonwealth [off-campus enterprises shall] endeavor must be in written form and, when applicable, shall have the approval of the education program advisory committee.
(e) Appropriately qualified, full-time administrative or supervisory personnel, or both, shall be employed and delegated responsibility for operating [off-campus enterprises] the Commonwealth enterprise in this Commonwealth. The [employes] employees, the number depending on the size of the operation, shall be available [on site] onsite for academic advisement and consultation with enrollees and prospective enrollees.
§ 36.4. Curricula.
* * * * * (d) The quality of each program, course or offering shall be evaluated [annually] periodically, and at least once every 5 years, by the [institution] Commonwealth enterprise for compliance with [institutional objectives] Commonwealth approvals and regulations.
§ 36.5. Faculty.
* * * * * (c) Full- and part-time faculty shall, in addition to classroom instruction, be available for academic advisement and interaction with students. Graduate programs shall be planned [jointly] by [the students and a] faculty [member] members and approved by a faculty committee. Guidance of thesis or dissertation studies shall be the responsibility of [a] faculty [member] members with appropriate specialization.
§ 36.6. Admissions requirements.
Admissions standards [shall] must be comparable to the standards for admissions [to the main campus of the parent institution] prescribed by § 31.31 (relating to admissions requirements).
§ 36.7. Resources and facilities.
(a) Appropriate physical facilities and instructional equipment shall be adequate to initiate and continue the program, course or offering. [Teaching space, seminar rooms, computer resources and other facilities shall be provided onsite either by the parent institution or by contract with a Commonwealth-based entity.]
(b) Library and research resources shall be provided onsite by [a foreign corporation] the Commonwealth enterprise or by contract [with a Commonwealth-based entity], or both, for each educational endeavor in accordance with standards of professional associations and learned societies.
(c) [Books, periodicals, microfilms, microfiche, monographs and other collections shall] Library, learning and research resources must be sufficient in quality, number and currency to serve the program, course or offering at the required level of instruction. Records of materials provided and usage statistics shall be maintained to determine the adequacy and accessibility of library resources.
§ 36.8. Evaluation and approval.
* * * * * (d) During the first [semester] year of operation, a site visit shall be conducted by an evaluation committee in accordance with this chapter and this subpart.
* * * * * (f) Department site visits [will] may be conducted [independently of] jointly with other accrediting or approving agencies [and site], but decisions and recommendations must be arrived at independently by the Department evaluation committee. Site visit costs pertinent to the request of the applicant shall be borne by the applicant.
(g) Following submission of the evaluation committee's report to the institution, the institution shall within 60-calendar days of the receipt of the report file its response with the Department. [Final] Upon receiving a response satisfactory to the Department, the Department will publish in the Pennsylvania Bulletin its intent to approve the enterprise at least 30 days before the date of approval. The decision of the Secretary regarding approval of the enterprise [by the Secretary] will be rendered within [30] 60-calendar days of [receipt of the institution's response to the evaluation committee's report] publication in the Pennsylvania Bulletin if no protest or objection has been timely made to the application.
* * * * * (i) If an institution is approved to operate an educational enterprise in this Commonwealth, it shall file periodic progress reports as deemed necessary by the Department. The educational enterprise may be evaluated for cause at any time and shall be reevaluated every 5 years in accordance with this subpart and this chapter. If the institution fails to maintain its enterprise according to this subpart and this chapter, authority to operate in this Commonwealth shall be revoked as provided [in section 312C of the act of May 5, 1933 (P. L. 289, No. 105) (15 P. S. § 7312C)] by 24 Pa.C.S. § 6506(a) (relating to visitation of institutions and revocation of authority).
(j) To withdraw from its approved enterprise in this Commonwealth, a foreign corporation shall have the approval of the Secretary and shall be in compliance with §§ 31.71 and 31.72 (relating to [institutional closings] major corporate change).
[Pa.B. Doc. No. 06-1211. Filed for public inspection June 30, 2006, 9:00 a.m.]
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