PRELIMINARY PROVISIONS
§ 51.1. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Approved institution—A junior college, community college, college or university approved by or recognized by the Department to award degrees.
Board—The State Board of Private Academic Schools.
Department—The Department of Education of the Commonwealth.
Director—A professional appointed by a private academic school and approved by the Board as the educational administrator of the school.
Pennsylvania teaching certificate—A valid Pennsylvania professional teaching certificate issued under Chapter 49 (relating to certification of professional personnel), or a private academic teaching certificate.
Private academic school—A school that maintains or conducts classes for the purpose of offering instruction for consideration, profit or tuition, to five or more pupils at one time, or to 25 or more pupils during the school year, the purpose of which is to educate an individual generally or specially or to prepare an individual for more advanced study. The term includes schools engaged in this type of education, except private trade schools, private business schools, private correspondence schools, any other school which is nonacademic in character, a nonpublic nonlicensed school or classes owned or operated by or under the authority of a bona fide religious institution, or a school accredited by an accrediting association approved by the State Board of Education. These schools may include, but are not limited to, the following:(i) Nursery school and kindergarten.
(ii) Elementary and secondary schools.
(iii) Special education schools.
(iv) Tutoring centers.
(v) Educational testing and remedial centers.
Professional staff—Those who work for the school in an administrative, supervisory or teaching capacity, or who provide health or guidance services. The term includes, but is not limited to, administrators, directors, principals, headmasters, headmistresses, supervisors, teachers, psychologists, school counselors and nurses.
Student—A person enrolled in a school which is regulated by the provisions of this part.
Authority The provisions of this § 51.1 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).
Source The provisions of this § 51.1 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (47416) to (47417).
Notes of Decisions Due Process
A licensee which was refused a new license was afforded due process where the allegations on which the adjudication was based were clearly set forth in the order to show cause and were accompanied by citations of the applicable statutes and regulations. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).
An administrative error in failing to serve the licensee’s attorney with a document containing proposed findings of fact and conclusions of law is neither prejudicial nor a denial of due process if the attorney was aware of the contents of the document. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).
Predisposal
An agency may make a preliminary review as to whether or not a case exists and may turn the matter over to an attorney and investigative staff, and this procedure does not indicate a predisposal to rule against a licensee. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).
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