§ 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.
Authority The provisions of this § 31.2 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § § 367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § § 2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § § 20-2002-A and 24-2421); amended under sections 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. § § 26-2603-B and 26-2604-B); and section 1 of the act of August 13, 1963 (P. L. 698, No. 372) (24 P. S. § 2421) (Repealed).
Source The provisions of this § 31.2 adopted March 14, 1969; amended April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended June 17, 1984, effective September 1, 1984, 14 Pa.B. 2057; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended January 29, 1988, effective January 30, 1988, 18 Pa.B. 455; amended February 7, 1992, effective February 8, 1992, 22 Pa.B. 578; amended July 14, 2006, effective July 15, 2006, 36 Pa.B. 3650. Immediately preceding text appears at serial pages (307728), (244523) to (244524) and (252453) to (252454).
Notes of Decisions As the Department of Transportation failed to prove that Carnegie Mellon University was a ‘‘state-aided’’ university, a campus police officer was not defined as a ‘‘police officer’’ with legal authority to make an arrest of a motorist. Therefore, the 1 year suspension of operating privileges by the Department due to the refusal to submit to chemical testing requested by said campus police officer was improper. Snyder v. Commonwealth, 640 A.2d 490 (Pa. Cmwlth. 1994).
Cross References This section cited in 22 Pa. Code § 31.1 (relating to purpose and scope); 22 Pa. Code § 36.2 (relating to corporate commitment); and 22 Pa. Code § 40.51 (relating to approval of an independent junior college, college, university or foreign corporation).
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