reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › CURRICULUM › Section 339.22 - Program content

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Occupational program requirements.
The primary objectives of
				  an occupational program are to prepare students for employment in high priority
				  occupations supported by local employers, and for successful employment and
				  lifelong learning through acquisition of high-level academic, technical and
				  career development skills, efficient work habits and attitudes about the
				  personal, social and economic significance of work. Occupational programs
				  include vocational agriculture, vocational business education, vocational
				  health occupations, vocational marketing and distributive education, vocational
				  occupational family and consumer sciences, and vocational trade, industrial and
				  technical education. Occupational programs must be standards-based, prepare
				  students for obtainment of licensure or industry skill certification or
				  Pennsylvania Skills Certificate, as required, provide extended classroom
				  experience, and meet minimum time requirements. The specific requirements of
				  the foregoing elements are as follows:
(1)
Standards-based.
Programs must have standards-based plans. A
				  standards-based plan is an instructional system that is planned and managed by
				  the teacher, based upon occupational analysis and clearly stated performance
				  objectives that are deemed critical to successful employment as recommended by
				  occupational advisory committees. Occupational tasks recommended by an
				  Occupational Advisory Committee must provide the basis for instruction. The
				  instructional process must derive its content from the task performed in each
				  occupation and job and provide for the assessment of student performance on the
				  basis of preset performance standards. Standards-based plans must include:
(i)
Performance objectives.
A vocational education program must identify performance objectives in
				  accordance with criteria developed by the school entity in cooperation with the
				  Occupational Advisory Committee. The performance objectives consist of the
				  following three parts:
(A) The conditions
				  under which the task will be performed-the materials and supplies
				  provided.
(B) A description of the
				  task.
(C) The standard for how well
				  the task shall be performed.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › CURRICULUM › Section 339.23 - Vocational education safety

Current through Register Vol. 54, No. 28, July 13, 2024
Vocational education shall be provided consistent with
					 safety standards in the following areas:
(1) Safety instruction shall be practiced in
				  the laboratory and classroom.
(2)
				  Equipment guards and personal safety devices shall be in place and
				  used.
(3) Class enrollment shall be
				  safe relative to classroom or laboratory size and number of
				  workstations.
(4) Workstations
				  shall be barrier-free, assuring accessibility and safety under section 504 of
				  the Rehabilitation Act of 1973 (29 U.S.C.A. §
											794) and
				  34 CFR
				  104.22(a) (relating to
				  existing facilities) and the Americans With Disabilities Act of 1990
				  (42 U.S.C.A. §§
											12101-12213).
(5) Provisions shall be made for safe
				  practices to meet individual educational needs of handicapped persons under
				  section 504 of the Rehabilitation Act of 1973,
				  34 CFR
				  104.33(b) (relating to free
				  appropriate public education), OCR Guidelines, Title VI of the Civil Rights Act
				  of 1964 (42 U.S.C.A. §§
											2000d-2000d-4 a) and 45 CFR Part 80 (relating
				  to nondiscrimination under programs receiving Federal assistance through the
				  Department of Health and Human Services effectuation of Title VI of the Civil
				  Rights Act of 1964).
(6) Storage of
				  materials and supplies must meet 34 Pa. Code Part I (relating to Department of
				  Labor and Industry).
(7) Safety
				  practices must meet State and Federal regulations.
This section cited in 22 Pa. Code §
												339.51 (relating to learning
						environment).
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › CURRICULUM › Section 339.29 - Cooperative vocational education

Current through Register Vol. 54, No. 28, July 13, 2024
If cooperative vocational education is provided, it shall
					 be planned in accordance with the stated career or occupational objectives of
					 the student and include:
(1) Related
				  learning experiences held at a school-approved work station.
(2) A training plan and a training agreement
				  developed with the employer and available on file with both the school entity
				  and the employer. The training agreement and training plan must be signed by
				  the student, parent/guardian, school officials and cooperating
				  employer.
(3) Payment of the
				  existing legal wage when applicable under section 206 of the Fair Labor
				  Standards Act of 1938 (29
				  U.S.C.A. §
											206) and The Minimum Wage Act of
				  1968 (43 P. S. §§
											333.101-333.115).
(4) Provision for administration and
				  supervision by school staff members in cooperation with the employer.
(5) A minimum of one onsite student
				  evaluation by a certified teacher for on-the-job activities per
				  month.
(6) At least 45 minutes per
				  week, or 90 minutes every other week, for students to meet with their
				  vocational instructor to discuss job problems and related
				  information.
(7) Credit for
				  cooperative vocational education work experience.
(8) A certified teacher coordinating the
				  program.
(9) Compliance with
				  Federal and State statutes.
(10)
				  Insurance protection for both the school and students.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › CURRICULUM › Section 339.30 - Student organizations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  CTSOs shall be an integral part of the respective vocational education program.
				  Instruction must provide for the development of human relations skills;
				  knowledge of occupations; leadership competencies and positive attitudes
				  towards fulfilling occupational, civic, social and community
				  responsibilities.
(b) CTSOs
				  recognized in this Commonwealth are those recognized as CTSOs career and
				  technical student organizations by the United States Department of
				  Education.
(c) CTSOs in this
				  Commonwealth include:
(1) Distributive
				  Education Clubs of America (DECA).
(2) Future Business Leaders of America
				  (FBLA).
(3) Family, Career and
				  Community Leaders of America (FCCLA).
(4) Health Occupations Students Organization
				  (HOSA).
(5) National FFA
				  Organization (FFA).
(6) National
				  Young Farmer Educational Association (NYFEA).
(7) SkillsUSA (formerly Vocational Industrial
				  Clubs of America).
(8) Technology
				  Student Association (TSA).
(9)
				  Other organizations that are approved by the United States Department of
				  Education in the future.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › GUIDANCE › Section 339.31 - Plan

Current through Register Vol. 54, No. 28, July 13, 2024
There shall be a written plan on file, approved by the
					 local board of school directors, for the development and implementation of a
					 comprehensive, sequential program of guidance services for kindergarten through
					 12th grade. The plan must include procedures to provide for guidance services
					 to AVTSs. Upon request, the plan shall be submitted to the
					 Secretary.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › GUIDANCE › Section 339.32 - Services

Current through Register Vol. 54, No. 28, July 13, 2024
The plan shall be designed to promote equal opportunity and
					 include the following guidance service areas:
(1) Assistance to students in selecting
				  vocational curricula that meet their needs and address their interests. School
				  entity counseling services must ensure that counselors do not direct or urge
				  any student to enroll in a particular career or program, or measure or predict
				  a student's prospects for success in any career or program based upon the
				  student's race, color, national origin, sex or disabilities. School entities
				  cannot counsel students with disabilities toward more restrictive career
				  objectives than students without disabilities and with similar abilities and
				  interests.
(2) Assistance for all
				  vocational students in making educational career plans including high school
				  academic and technical preparation and postsecondary education and training,
				  and adjustments through the use of individual and group counseling and
				  appropriate student assessment procedures.
(3) Provision of occupational and educational
				  information needed for realistic career planning in an organized, systematic
				  fashion for students, parents and teachers.
(4) Maintenance of cumulative records and the
				  use, exchange and release of student information in accordance with §§
										12.31 and
				  12.32 (relating to general
				  requirements; and elements of the plan).
(5) Adequate orientation procedures for
				  vocationally oriented pupils.
(6)
				  Support of a placement service that is developmental and makes provisions for
				  the transition from school to the world of work.
(7) Formal and informal consultation with
				  teachers, administrators and other school staff.
(8) A school-initiated system of parental
				  involvement.
(9) Liaison activities
				  with community agencies.
(10)
				  Assistance in the conduct of follow-up studies to determine the effectiveness
				  of the curriculum.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › PERSONNEL › Section 339.41 - Certification

Current through Register Vol. 54, No. 28, July 13, 2024
Certification requirements include:
(1)
Professional employees
.
				  Professional staff shall meet standards as defined in Chapters 49 and 354
				  (relating to certification of professional personnel; and preparation of
				  professional educators) as well as certification and professional standards and
				  requirements for teachers under Article XVII of the School Code (24 P. S. §§
											12-1201-12-1215) and the Professional
				  Educator Discipline Act (24 P. S. §§
											2070.1-2070.18).
(2)
In-service plan
. Local
				  education agencies shall have a plan on file that ensures professional
				  personnel will keep up with the technology and remain current with practices
				  and standards of their professional areas.
(3)
Temporary certification.
The Secretary may issue a temporary letter of certification for a
				  resource specialist to provide supplemental vocational instruction under the
				  supervision of a certified teacher. The services must be part-time and may not
				  exceed 300 clock hours during a school year.
(4)
Chief administrator of the area
				  school.
The School Code provides that area vocational-technical boards
				  shall designate the executive director of the intermediate unit or a chief
				  school administrator of one of the participating school districts to serve in
				  the capacity of the chief administrator of the area school.
(5)
Vocational supervision.
A vocational supervisory certificate or vocational director certificate is
				  mandated when 50% or more of an assignment is related to supervising vocational
				  education programs.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › FACILITIES › Section 339.51 - Learning environment

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements for the learning environment are as
					 follows:
(1)
Size of
				  laboratory.
Shop laboratory size must be adequate as required by State
				  licensing boards, accreditation providers and industry certification standards
				  and take into consideration the recommendations of the occupational advisory
				  committee.
(2)
Type of
				  equipment.
Refer to §
										339.4(b)(5)
				  (relating to program approval) for requirements related to equipment.
(3)
Number of workstations.
Students assigned may not be greater than the number of workstations
				  available.
(4)
Safety of
				  students.
Refer to §
										339.23 (relating to vocational
				  education safety) for safety of students requirements.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › FACILITIES › Section 339.53 - Contemporary equipment

Current through Register Vol. 54, No. 28, July 13, 2024
The equipment and facilities must meet industry standards
					 based on occupational advisory committee recommendations. Equipment will be
					 deemed to meet industry standards if it is compatible, insofar as practical, to
					 that used in occupations for which vocational-technical education is
					 provided.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › STATE VOCATIONAL FUNDING › Section 339.54 - Subsidy on behalf of secondary vocational students

Current through Register Vol. 54, No. 28, July 13, 2024
Only students who meet the definition of concentrators
					 shall be included in the calculation of vocational average daily membership
					 under the School Code.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › STATE VOCATIONAL FUNDING › Section 339.55 - Payment on behalf of TIs

Current through Register Vol. 54, No. 28, July 13, 2024
The Commonwealth will pay every school district having
					 out-of-school youth or adults enrolled in a TI program approved by the
					 Department under §
										339.57 (relating to application
					 for establishment; program approval and reapproval; termination), for each
					 student in average daily membership, 1/3 of current expense per student as
					 provided in the approved budget, or the per student cost for current expense,
					 whichever is less. Reimbursement will be made in the subsequent State fiscal
					 year and based upon data supplied to the Department by the TI. The remainder of
					 the cost of total current expense shall be borne by the district of residence,
					 or by the district of residence and the student. The student will not bear more
					 than 1/3 of the current expense per student.
This section cited in 22 Pa. Code §
												339.57 (relating to application
						for establishment; program approval and reapproval;
						termination).
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › STATE VOCATIONAL FUNDING › Section 339.56 - Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Article XVIII
				  of the School Code (24 P. S. §§
											18-1801-18-1855)
				  authorizes school boards to establish and operate TIs for the purpose of
				  offering post-high school programs to prepare out of school youths and adults
				  for occupations requiring technical training.
(b) TIs shall be regulated by Article XVIII
				  of the School Code, this chapter and by procedural guidelines prepared by the
				  Department and adopted by the State Board for Vocational Education.
(c) Section 1841 of the School Code
				  (24
				  P. S. §
											18-1841) authorizes the establishment
				  of a TI by a majority vote in convention or by mail called for by:
(1) Boards of public education.
(2) Intermediate units' board of directors
				  through a certified vote. (See section 1844(a) and (d) of the School Code
				  (24
				  P. S. §
												18-1844(a) and (d))
				  regarding establishment of schools and institutes). State Vocational Board
				  approval is required prior to the establishment of a TI.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › TIs › Section 339.57 - Application for establishment; program approval and reapproval; Termination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Establishment
. To be eligible for funding and establishment as
				  a TI under this chapter, an applicant must obtain approval from the Department.
				  Application shall be made on forms approved by the Department which includes:
(1) A statement of philosophy documenting how
				  the mission fulfills the educational needs of this Commonwealth.
(2) Strategic plans, including needs
				  assessment; action plans; coordination and articulation plans among secondary,
				  postsecondary, adult and apprenticeship programs; professional staff
				  development plan; written plan for job placement; and a plan for repair,
				  replacement and addition of instructional equipment. Action plans must include
				  formal strategies and accountability plans for ensuring that all students are
				  equipped with the academic and occupational skills they need for career success
				  and lifelong learning.
(3) Evidence
				  of a local advisory committee, which has the function of advising the
				  administration of the institute concerning the needs of the institute and the
				  needs of business and industry as they relate to strategic planning,
				  educational planning and recruitment of personnel. Evidence must be given that
				  the local advisory committee will hold at least one meeting each year. This is
				  evidenced by agendas and minutes of local advisory committee
				  meetings.
(4) Evidence that
				  nondiscriminatory written admissions policies exist, are publicized and are
				  effective. This is evidenced in the school entity's policy manual and
				  publications such as the admissions handbook; course announcements, materials,
				  brochures, and similar materials that convey the philosophy of equal access to
				  students considering enrollment. Once established, a TI shall demonstrate
				  effectiveness of admissions policies through disaggregated student enrollment
				  data.
(5) Evidence that information
				  related to guidance counseling, placement and financial aid information shall
				  be available to all students.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › TIs › Section 339.58 - Operation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The TI board
				  may delegate operation to:
(1) A joint
				  committee elected by the participating boards in accordance with sections
				  1850.1-1850.3 of the School Code (24 P. S. §§
												18-1850.1-18-1850.3).
(2) An intermediate unit board of directors
				  in accordance with section 1850.2 of the School Code (24 P. S. §
												18-1850.2).
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › EVALUATORS › Section 339.61 - Evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  rule.
Approved vocational education curriculum shall be subject to
				  review by the Secretary to determine compliance with Chapter 4 (relating to
				  academic standards and assessment) and this chapter.
(b)
Team.
Evaluations shall
				  be performed by vocational educators and other competent evaluators, as
				  selected by the Department.
(c)
Report.
The Department evaluation team will file a report with
				  the board of school directors and area AVTS board of directors within 30
				  calendar days after the onsite evaluation.
(d)
Content.
The report
				  will identify areas that are not in compliance with Chapter 4 and this chapter
				  and other applicable statutes, regulations and guidelines.
(f)
Noncompliance.
If an
				  evaluation reveals noncompliance with this title, the school entity shall
				  develop a compliance plan in accordance with §
										339.62 (relating to
				  noncompliances; appeal process).
This section cited in 22 Pa. Code §
												339.4 (relating to program
						approval).
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 339 - VOCATIONAL EDUCATION › EVALUATORS › Section 339.62 - Noncompliance; appeal process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Plan.
If the evaluation report identifies areas of
				  noncompliance, the board of school directors or area vocational-technical board
				  of school directors shall file a plan for correcting the noncompliance
				  identified in the report with the Department.
(b)
Reevaluation.
Following
				  a submission of the plan required in subsection (a), the Department will
				  conduct a reevaluation to determine whether to issue, conditionally withhold,
				  or withhold approval that will terminate State and Federal funding to the
				  program.
(c)
Hearing.
The decision to withhold approval and the subsidies
				  related to that approval will be an adjudication under
				  2
				  Pa.C.S. §§
											501-508 and
				  701-704 (relating to
				  Administrative Agency Law) and notices, hearings and appeals will be conducted
				  in accordance therewith.
This section cited in 22 Pa. Code §
												339.4 (relating to program
						approval).
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.3 - Building educational specifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Planning.
The
				introductory statements for educational specifications shall explain the
				consistency between the submission and the goals, objectives, and activities
				set forth in the district's approved long range educational plan.
(b)
Vocational-technical
				schools.
Educational specifications for a vocational-technical school
				facility shall be approved by the Bureau of Vocational, Technical and
				Continuing Education, prior to their submission for approval by the Division of
				Physical Plant and Construction.
(c)
Special education facilities.
Unless otherwise provided by an approved Special Education Plan, each
				building project shall make appropriate allowances for Special Education
				facilities.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.4 - Space relationships

Current through Register Vol. 54, No. 28, July 13, 2024
Vocational-technical schools.
Approval of
				  space relationship plans for a vocational-technical facility by the Bureau of
				  Vocational, Technical and Continuing Education shall be a prerequisite for such
				  approvals by the Division of Physical Plant and Construction.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.5 - Building space allocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Elementary schools.
The amount of space included in the
				schedule of space allocations for an elementary school shall approximate 58
				square feet for each student in approved full-time equivalent project
				enrollment.
(b)
Secondary
				schools.
The amount of space included in the schedule of space
				allocations for a secondary school shall approximate 78 square feet for each
				student in approved full-time equivalent project enrollment.
(c)
Exceptions.
Any
				departure of 10% or more from the established expectancy levels for the
				scheduled area of a project shall require justification and approval from the
				Department.
(d)
Adjustments
				to approved project enrollment.
The Department will make proportionate
				deduction adjustments in approved enrollment for any departure from expectancy
				levels for scheduled space which does not receive its approval.
(e)
Special Education space.
Space allocated for Special Education purposes may be converted to other uses
				after approval for such conversion has been granted by the Secretary of
				Education.
(f)
Vocational-technical space.
The amount of space required for
				voca- tional-technical shop facilities shall be determined in conjunction with
				program approval by the Bureau of Vocational, Technical and Continuing
				Education. Prior to their opening and occupancy, new or additional
				vocational-technical facilities and equipment shall be inspected by the
				Department. Their readiness for occupancy and their eligibility for State and
				Federal vocational education program reimbursement shall be determined
				following the inspection.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.6 - Building design

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Design tolerances.
Any design ratio of architectural space to
				scheduled space which exceeds 1.58 to 1.0 shall require approval from the
				Department.
(b)
Capacity
				adjustment.
The Department will make proportionate adjustments to
				project capacity for architectural space ratio excesses which do not receive
				its approval.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.7 - Approval of sites

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approvable size.
Usable acreage as follows shall be considered
				optimum: elementary schools-10 acres; schools for middle grades-20 acres,
				schools for high school grades-35 acres; and part-time vocational-technical
				schools-15 acres.
(1) In general, maximum
				approvable site sizes shall be the stated optimum, plus one acre for each 100
				full-time equivalent students in projected enrollment.
(2) Minimum approvable site sizes shall
				consider factors related to land availability, proximate shared use land, and
				other reasonable considerations.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.8 - Site analysis

Current through Register Vol. 54, No. 28, July 13, 2024
Advisory committee.
When further information
				  upon a site, or alternate sites is deemed necessary by the Department, the
				  Secretary of Education may require the submission of a report from a locally
				  appointed advisory committee. Membership on such committee shall be from among
				  architects, engineers, landscapers, realtors, and other appropriate
				  professionals.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.9 - Advanced acquisition of sites

Current through Register Vol. 54, No. 28, July 13, 2024
When the acquisition of an approved site is at least five
				  years, but less than ten years in advance of long range plan projected need,
				  reimbursement may be paid in the year of acquisition. Such reimbursement shall
				  be subject to conditions established at and provisions in force at the time of
				  approval.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.10 - Project cost constraints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Method of calculation.
The Department will formulate, publish,
				and make available to applicant school districts, procedures which will permit
				local determination of compliance with cost constraints established by the
				regulations of the State Board of Education.
(b)
Exceptions.
District
				requests that cost constraint exceptions be approved shall be submitted in
				writing and shall include justification. Exceptions must be granted prior to
				Department approval of any project cost estimates.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.11 - Aggregate Building Expenditure Standard; Act 34 of 1973

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rated pupil capacity.
For the purpose of computing the aggregate building expenditure standard of a
				project, the rated pupil capacity shall be determined on the basis of the
				method used by the Department for school building reimbursement purposes during
				the school year 1971-1972.
(b)
1971-1972 method.
Rated pupil capacity shall be determined in
				accordance with the following formulae:
(1)
Elementary building.
The rated pupil capacity for an
				elementary building equals the sum of the capacity points for classrooms,
				special education, kindergarten, in accordance with the following chart:
Click to
				  view image
(2)
Secondary building
. The rated pupil capacity for a secondary
				building equals 85% of the sum of the capacity points of all teaching stations
				in accordance with the following chart:
Click to
				  view image
(3)
Addition to building.
The rated pupil capacity of a
				substantial addition shall bear the same ratio to the total project capacity
				calculated in paragraphs (1) or (2), or both, of this subsection as the area of
				the addition bears to the area of the total completed project.
(4)
Other considerations.
Other considerations shall be as follows:
(i)
				Where District Central Administration facilities are included in a project, the
				rated capacity shall be increased by 1.3 times the number of positions to be
				housed in the facility. The student equivalent thus derived shall be counted at
				the high school (10, 11, 12) cost limit.
(ii) A natatorium is to be counted as a
				physical education station.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.12 - Public hearings on school projects, district

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Adoption of costs.
The
				board of directors shall adopt a maximum project cost and a maximum building
				construction cost prior to the scheduling of a hearing:
(b)
Notice.
Notice of the
				hearing shall be published at least 20 days in advance of the hearing in
				accordance with section 106 of the Public School Code of 1949 (24 P. S. §
										1-106). The notice shall include:
(1) The date, the time, and location of the
				hearing;
(2) The type of facility
				to be constructed;
(3) The maximum
				project cost;
(4) The maximum
				building construction cost;
(5) The
				availability of a description of the project;
(6) The manner by which a resident may gain
				agenda time or submit written testimony, or both; and
(7) such other information as is deemed
				necessary by the board.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.13 - Information required

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Description.
The board of directors shall cause to be
				prepared, and made available for the public, at least 20 days prior to the
				public hearing, a description of the project. The description shall be mailed
				to the news media in sufficient time for release not later than 14 days prior
				to the hearing. The description shall include material concerning the need for
				the project, any alternatives considered, any special features of the project,
				the direct and indirect costs of the project-including a cost analysis of the
				four alternative methods for financing the direct costs, and the anticipated
				effect of the direct and indirect costs of the project upon the tax
				base.
(b)
Minutes or
				transcript.
The board of directors shall cause to be prepared and
				forward to the Department either minutes or a transcript of the locally
				convened hearing. A proof of proper advertisement of the meeting shall also be
				submitted.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.14 - Department hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Nature.
A Department convened hearing shall be in the nature
				of a legislative hearing to receive public comment and shall not be considered
				an adjudication within the meaning of the Local Agency Law (53 P. S. §§
										11301-11311).
(b)
Purpose.
The purpose of
				a Department convened Act 34 hearing shall be to gather information from a
				variety of local sources in order to promote thoroughness in the deliberations
				which precede a final decision concerning approval of a project. A statement of
				that purpose will be contained in each Department press release, and will
				introduce each hearing.
(c)
Initiation.
When a thorough investigation of project
				submissions or citizen complaints, or both, indicates that information
				submitted at a Department convened hearing could make a significant
				contribution to the quality of Department deliberations prior to project
				approval, such hearing will be convened. In no instance shall such hearing be
				convened prior to Department receipt of properly processed estimated project
				costs.
(d)
Hearing
				notice.
Approximately 20 days, but not less than 14 days prior to the
				date of a hearing, the Department will cause legal notification to be published
				in the appropriate legal journal and/or in at least one newspaper with general
				circulation in the school district, or in both. The legal notice shall contain:
(1) The date, time, and location of the
				hearing;
(2) The purpose;
(3) The agenda topics;
(4) The time and place of availability of
				brief Board position statements upon the agenda topics;
(5) The method by which a citizen may gain
				placement upon the agenda; and
(6)
				the conditions for submission of testimony without agenda placement.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.15 - Approval of preliminary plans

Current through Register Vol. 54, No. 28, July 13, 2024
Any inconsistency among educational space relationship
				  diagrams, technical schematics, space allocations, and preliminary plans shall
				  be resolved prior to Department approval of preliminary
				  plans.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.16 - Construction codes and guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conformance.
School
				Building projects shall conform to one or more of the following construction
				codes or professional guidelines, or portions thereof in accordance with §
									21.72 (relating to construction
				codes).
CEFP
Council of Educational Facilities
							 Planners 29 West Woodruff Avenue, Columbus; OH 43210
USSGSL
United States Standard Guide for
							 School Lighting 345 East 47th Street, New York, NY 10017
IES
Illuminating Engineering Society 345 East
							 47th Street, New York, NY 10017
ANSI
American National Standards Institute
							 1430 Broadway, New York, NY 10018
ASHRAE
American Society of Heating,
							 Refrigeration and Airconditioning Engineers United Engineering Center 345 East
							 47th Street, New York, NY 10017
NPC
National Plumbing Code Part of ANSI
NEC
National Electric Code Part of ANSI
AGA
American Gas Association 605 Third
							 Avenue, New York, NY 10016
ASTM
American Society for Testing and
							 Materials 1916 Race Street, Philadelphia, PA 19103
ASME
American Society for Mechanical
							 Engineers United Engineering Center 345 E. 47th Street, New York, NY 10017
NFPA
National Fire Protection Association 60
							 Batterymarch Street, Boston, MA 02110 (Usually included in ANSI)
SMACNA
Sheet Metal Contractors National
							 Association-Standards 1611 North Kent Street, Arlington, VA 22209
EFL
Educational Facilities Laboratories 477
							 Madison Avenue, New York, NY 10022
OSHA
Pennsylvania Department of Labor and
							 Industry Harrisburg, PA 17120
BOCA
Building Officials and Code
							 Administrators International Inc. 1313 East 60th St. Chicago, IL 60637
(b)
Additions.
A school district may submit, and the Department
				will evaluate, written justification of a request to have a particular
				construction code or professional guideline added to the approved list. The
				Department will have the authority to establish and enforce guidelines for
				safety factors not covered by the codes or professional guidelines listed in
				subsection (a) of this section.
(c)
Energy Council.
Subject to the provisions of the Public School
				Code of 1949 (24 P. S. §§
										1-101-27-2702),
				for purposes of Department review and approval, minimum construction standards
				recommended by the Governor's Energy Council shall take precedence over the
				codes and guidelines listed in subsection (a) of this section. Information is
				available from:
Commonwealth of Pennsylvania Governor's Office Energy Council
				  P.O. Box 1323 Harrisburg PA 17120
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.17 - Project cost estimates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission.
The Department will develop, maintain, and make
				available methods and procedures through which a local district may prepare and
				submit cost estimates.
(b)
Format consistency.
The format for cost estimate submissions
				shall be consistent with formats for bid cost submissions, final cost
				submissions in conjunction with audit, project accounting procedures, and
				related accounting procedures. It shall recognize the necessity to calculate
				reimbursable costs and cost estimates.
(c)
Data required.
The
				format for cost estimate submissions shall permit identification of such fiscal
				data as is necessary to permit local calculations of mandated and regulatory
				cost limits and Department evaluation of the calculations.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.18 - Final approval of plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Microfilm.
Following approval of final plans and bid
				specifications, an applicant district shall submit two microfilm copies each of
				the approved construction plans, and the approved bid specifications. The
				Department will not approve bid costs until such copies have been
				received.
(b)
Changes
				during construction.
Following approval of final plans, further
				approval by the Department of any plans modification shall be required when
				such modification:
(1) requires the approval
				of another state agency.
(2)
				involves any change in the allocation of space; or
(3) could have some effect upon the health
				and welfare of the scheduled occupants.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.19 - Final approval of bid specifications and bids

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Formats.
Department
				approval shall require bid proposal formats which support such cost breakdowns
				as are requisite to the several constraint, appraisal, and reimbursement
				calculations.
(b)
Contracts.
Department approval of proposed contract awards
				following receipt and analysis of bids shall be a condition for reimbursement
				thereon.
(c)
Contracts for
				emergency projects.
When a school district seeks and the Department
				grants emergency status for a project in accordance with section 751 of the
				Public School Code of 1949 (24 P. S. §
										7-751), solicited quotations for the required
				construction or installation and a proposed contract award may be forwarded to
				Department consideration prior to local board resolution. In no instance shall
				a contract be awarded prior to Department approval.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.20 - Approval of bond issues; amortization payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Method.
Department
				approval of project financing methods and amortization schedules shall be a
				condition for project reimbursement.
(b)
Other agencies.
An
				applicant district shall acquire approvals, related to project financing, which
				are required by other state agencies as a condition for Department approval of
				project financing.
(c)
Refunding of bond issues.
When, in its judgment, the
				refunding of school district bond issues is in the best interest of the
				Commonwealth or the school district, or both, and consistent with the purposes
				of the Local Government Unit Debt Act (53 P. S. §§
										6780-1-6780-608) (reenacted, amended, and
				revised by the act of April 28, 1978 (P. L. 124, No. 52)), the Department will
				approve and adjust to such refundings; provided that the Commonwealth will
				share, in appropriate proportion, any savings realized by the refunding; and
				under no circumstances will the Commonwealth's remaining fiscal commitment be
				increased because of an approved refunding. Any bond fund accumulations for any
				issues which are to be included in a refunding bond issue must be used to
				reduce the total amount of the refunding issue.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.21 - Approval of final costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Audit required.
Final project costs shall not be approved
				until after submission to and audit of project financial records by the
				Department.
(b)
Subsidy
				reduction.
The Department will withhold a proportion of the estimated
				annual or semiannual building amortization subsidy until project financial
				records are properly submitted, audited, and approved. Following project audit,
				a final subsidy factor shall be determined and appropriate retroactive
				adjustments authorized.
(c)
Changes following bid cost approval.
Any change which affects
				the approved cost of a project or any accounting line item within the approved
				cost shall be authorized by board action upon a Change Order or a Supplemental
				Contract. Necessary accounting adjustments shall be properly supported by
				copies of the Change Order or Supplemental Contract document.
(d)
Format.
The Department
				will establish, maintain, and distribute an approved Change Order/Supplemental
				Contract form.
(e)
Extension of contracts; procedure.
A board may, following
				recorded advice from its solicitor concerning advertising or solicitation of
				bids, exercise discretion concerning the solicitation of sealed quotations or
				the extension of an existing contract to authorize a Change Order expenditure.
				Reference should be made to
Hibbs v. Arensberg,
276 Pa. 24
				(1923).
(f)
Supplemental
				contract.
When a proposed change is sufficiently large, or varies from
				the original plan to such an extent that it can reasonably be considered to be
				a separate undertaking it shall be processed as a supplemental contract and
				subject to bid solicitation procedures.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.22 - Use of surplus funds-approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disposition.
Unless specific authorization to the contrary is
				granted by the Department, all unused contingency funds, interest earnings, and
				other construction fund accumulations must be used to reduce the amount of the
				bond issue or other payments against which the Commonwealth grants
				reimbursement.
(b)
Exception.
When a trust agreement so permits, the Department
				may, prior to final project audit, grant permission for the use of unexpended
				project contingency funds for items originally approved and bid but ultimately
				excluded because of expected insufficiency of funds.
(c)
Compensatory adjustment.
When a trust agreement so permits, the Department may, prior to final
				project audit, grant permission for the use of unexpended project funds for
				other lawful purposes. When such use is approved by the Department, it will
				apply a compensatory reimbursable percentage reduction.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.23 - Site reimbursement considerations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Acquisition.
Calculations of the reimbursable cost of an approved school site shall consider
				appraisals of land value, the proportion of the area which will be usable
				following development, the anticipated costs of preparation for development,
				and related continuing costs. Costs of acquisition shall include the usual
				related legal costs and filing fees.
(b)
Rough grading.
Determination of the extent of reimbursable rough grading which is necessary to
				permit proper placement of building upon a site shall consider the necessity
				for access and egress and the necessity for proximate outdoor areas to
				accommodate instructional activities.
(c)
Sewage treatment.
Determination of the reimbursable costs of sewage facilities shall consider the
				requirements of appropriate State and local agencies and construction cost
				indices or averages.
(d)
Site development.
Reimbursable site development costs shall be
				within mandated project maximums, and shall be limited to paving for reasonable
				vehicular and pedestrian access and egress, necessary parking, approved
				instructional areas, and lighting for the immediate building
				perimeter.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.24 - Building and equipment reimbursement considerations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rated pupil capacity.
For reimbursement purposes, the rated pupil capacity of a project shall be the
				product of the justified enrollment of the project and the rated pupil capacity
				factor of the project.
(1)
Justified
				enrollment.
This is the Department approved full-time equivalent
				project enrollment, calculated in accordance with §
										349.2(c) of this
				title (relating to substantiated need). The maximum project allowance for
				regular elementary or secondary, or both, students shall be determined by a
				complete analysis of approved district enrollment projections and a complete
				analysis of the condition and capacities of the school facilities to be
				retained by the district following project completion. The justified enrollment
				for an addition to a school shall be the total of the justified enrollment of
				the existing facility and the addition multiplied by the percent that the
				architectural area of the addition constitutes of the architectural area of the
				completed project.
(2)
Rated pupil capacity factor.
This factor accounts for the
				necessary noninstructional space and space utilization conditions in school
				projects. Applicable factors shall be, in the instance of:
(i) elementary schools with justified
				enrollment of 500 or less-1.4;
(ii)
				elementary schools with justified enrollment above 500-the dif- ference between
				1.4 and the product of .00106 for every five students of justified enrollment
				above 500;
(iii) secondary schools
				with justified enrollments of 1,000 or less-1.110; and
(iv) secondary schools with justified
				enrollments above 1,000-1.105.
Pennsylvania Code › Title 22 - EDUCATION › Part XVI - Standards › Chapter 349 - SCHOOL BUILDING STANDARDS › Section 349.25 - Amortization payment claims

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Forms distribution.
The Department will prepare and distribute
				proper forms for district reimbursement claims against annual or semiannual
				amortization payments from school district funds.
(b)
Submission of receipts.
The Department will establish a format for amortization payment receipts from
				the trustee to the school district which receipts must be submitted by the
				school district along with any reimbursement request.