§ 51.4. License.
(a) A private academic school shall apply to the Board for a license to operate. Other schools may apply and be granted a license if qualified.
(b) The initial application for a license shall be accompanied by a license fee of $250 in the form of a certified check or money order made payable to the ‘‘Commonwealth of Pennsylvania.’’ The fee is considered a processing fee and will not be refunded if the license is denied. A school license shall be issued for a term of 1 year and shall be renewed yearly.
(c) The annual license renewal fee is based on the enrollment and category of the license held by the school and shall be payable by check or money order to the ‘‘Commonwealth of Pennsylvania.’’ A school which has a nursery, kindergarten, elementary, secondary or special education license will be charged an enrollment fee and will report student enrollment as of October 1 of the preceding year on the Nonpublic School Enrollment Report provided by the Department. Tutoring centers and educational testing and remedial centers will be charged a category fee. The enrollment and category licensure fees are as follows:
(1) Nursery, kindergarten, elementary, secondary or special education schools with enrollments of 30 students or less will pay a base rate of $75. A school with an enrollment of 31 students or more will pay the base rate of $75 and:
(i) During the 1991-92 school year $1 for each additional student not to exceed a maximum fee of $300.
(ii) During the 1992-93 school year $2 for each additional student not to exceed a maximum fee of $500.
(iii) During the 1993-94 school year, and thereafter, $3 for each additional student not to exceed a maximum fee of $750.
(2) Tutoring centers will pay a category fee of $100 during the 1991-92 school year; $200 during the 1992-93 school year; and $250 during the 1993-94 school year and thereafter.
(3) Educational testing and remedial centers will pay a category fee of $100 during the 1991-92 school year; $200 during the 1992-93 school year; and $300 during the 1993-94 school year and thereafter.
(4) When tutoring and educational testing and remedial center licenses are held in combination, a single fee will be assessed at $200 during the 1991-92 school year; $350 during the 1992-93 school year; and $425 during the 1993-94 school year and thereafter.
(5) A school that holds a license with one or more of the enrollment classifications of nursery, kindergarten, elementary, secondary or special education, and holds another license under the category classification of tutoring center or educational testing and remedial center will be assessed both an enrollment and category fee.
(d) An applicant for licensure shall attach to the application a financial statement as required by § 51.6 (relating to financial responsibility).
(e) The Board will make available to schools the appropriate forms and information for applying for a license.
(f) When the premises of a school are leased or owned, a copy of the occupying lease or a face copy of the deed shall be attached to the application for a license. The occupying lease agreement may not be for a period of less than 1 year.
(g) A license will be granted for the specific ownership and location declared in the application for license. A license granted to a specific ownership is not transferable to a new owner. A change in ownership will require the new owner to file an initial application for a license. The initial application shall be submitted to the Board at least 30 days in advance of the effective date of change in ownership.
(h) Given cause, the Board may refuse to renew a license or vote to revoke a license. Before reaching a decision, the Board may initiate administrative hearings or hearings as may be requested by the school concerned. Except in cases judged by the Board to be extreme, the Board will permit a school whose license is under review to continue to operate until the hearing process has been concluded even though this may extend beyond the expiration date of the license. A full administrative due process hearing will be held in accordance with the procedure outlined in 2 Pa.C.S. § § 501—508 and 701—704 (relating to the Administrative Agency Law).
(i) A school which operates classes at more than one location shall obtain a license for each location.
(j) It is the policy of the Board to require a school licensed for the first time to operate 1 full academic year before it adds subjects, grade levels or fields to the license.
(k) A license shall be displayed in a conspicuous place on the premises to which it applies.
Authority The provisions of this § 51.4 amended under the Private Academic Schools Act (24 P. S. § § 6701—6721).
Source The provisions of this § 51.4 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; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4834; corrected December 27, 1991, effective October 12, 1991, 21 Pa.B. 5934. Immediately preceding text appears at serial pages (161776) to (161778).
Cross References This section cited in 22 Pa. Code § 51.113 (relating to change in ownership or procedure).
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