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PRIOR PRINTER'S NOS. 2101, 2364 PRINTER'S NO. 2418
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1701
Session of
2025
INTRODUCED BY FIEDLER, POWELL, KHAN, PROBST, SANCHEZ, HANBIDGE,
KAZEEM, WAXMAN, BOROWSKI, KRAJEWSKI, GIRAL, NEILSON, CEPEDA-
FREYTIZ, HOHENSTEIN, MALAGARI, FREEMAN, DONAHUE, HILL-EVANS,
GREEN, DAVIDSON, BOYD, CURRY AND KENYATTA, JULY 8, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 7, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in grounds and buildings, further
providing for referendum or public hearing required prior to
construction or lease; providing for school facilities;
establishing the Public School Facility Advisory Committee;
in construction and renovation of buildings by school
entities, repealing provisions relating to building condition
assessments; and imposing duties on the Department of
Education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 701.1 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 701.1. Referendum or Public Hearing Required Prior
to Construction or Lease.--(a) Except where the approval of the
electors is obtained to incur indebtedness to finance the
construction of a school project, the board of school directors
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of any school district of the second, third or fourth classes,
shall not construct, enter into a contract to construct or enter
into a contract to lease a new school building or substantial
addition to an existing school building without the consent of
the electors obtained by referendum or without holding a public
hearing as hereinafter provided. In the event that a new school
building or a substantial addition to an existing building is to
be constructed or leased, the school board shall, by a majority
vote of all its members, authorize a maximum project cost and a
maximum building construction cost to be financed by the
district or amortized by lease rentals to be paid by the
district. Building construction cost shall consist of the cost
of all building construction including general construction
costs, plumbing, heating, electrical, ventilating and other
structural costs, equipment and fixtures and architectural and
engineering fees relating thereto, but not including costs for
site acquisition and development, rough grading to receive the
building, sewage treatment facilities or equivalent capital
contributions, and architectural and engineering fees relating
thereto. In all cases, a public hearing shall be held not later
than thirty (30) days before the school district submits the
initial building construction cost estimates to the Department
of Education for approval. Notice of the hearing shall be given
not later than twenty (20) days before the date of the scheduled
hearing. In the event that the maximum building construction
cost authorization exceeds the aggregate building expenditure
standard hereinafter specified, the aforesaid authorization of
the school board shall be submitted to the electors of the
school district for their approval within six (6) months prior
to submission of the final building construction cost bids to
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the Department of Education for approval. Such referendum shall
be held in the same manner as provided by law for the approval
of the incurring of indebtedness by referendum. The question as
submitted shall specify the maximum project cost, the maximum
building construction cost and the annual sinking fund charge or
lease rental to be incurred by the school district and the
portion of such charge or rental expected to be reimbursed by
the Commonwealth. If the final building construction cost bids
to be submitted to the Department of Education for approval are
less than the aggregate building expenditure standard hereafter
specified but exceed by eight (8) per cent or more the initial
building construction cost estimates submitted to the Department
for approval, a second public hearing shall be held before the
Department shall give its final approval.
(b) The applicable aggregate building expenditure standard
shall be a total amount calculated for each building or
substantial addition, including the addition of administrative
space as a secondary building, by multiplying the rated pupil
capacity under the approved room schedule by the following: two
thousand eight hundred dollars ($2,800) for each pupil of rated
elementary capacity; four thousand two hundred dollars ($4,200)
for each pupil of rated secondary capacity in grades seven,
eight and nine and five thousand two hundred dollars ($5,200)
for each pupil of rated secondary capacity in grades ten, eleven
and twelve and five thousand two hundred dollars ($5,200) for
each pupil of rated career and technical capacity in grades ten,
eleven and twelve to not include the cost of equipment and
fixtures in such career and technical schools: Provided,
however, That each of the preceding per pupil amounts shall be
adjusted by the Department of Education on July 1, 1974; and
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annually thereafter through July 1, 2003, by multiplying said
amounts by the ratio of the composite construction cost index
compiled and published by the United States Department of
Commerce for the preceding calendar year to such index for the
next preceding calendar year; and Further Provided, however,
That each of the preceding per pupil amounts shall be adjusted
by the Department of Education on July 1, 2004; and annually
thereafter by multiplying said amounts by the ratio of the
Building Cost Index published by the McGraw-Hill Companies for
the preceding calendar year to such index for the next preceding
calendar year. Rated elementary pupil capacity or rated
secondary pupil capacity for any school building shall be the
rated pupil capacity determined on the basis of the method used
by the Department for school building reimbursement purposes
during the school year 1971-1972.
(c) For purposes of this section:
(1) "Site acquisition" includes the cost of land and mineral
rights, demolition and clearing, rights-of-way and related
utility relocations, surveys and soils analysis, and the cost of
all fees relating thereto.
(2) "Site development" includes excavation, grouting or
shoring, special foundations for buildings, access roads to
site, utilities on site, extension of utilities to site.
(3) "Equipment and fixtures" means property fixed or movable
which is incidental and necessary to conduct the educational
program, and includes, but is not limited to movable equipment
such as desks, chairs, tables, portable physical education
equipment, audio-visual equipment and science, homemaking,
industrial art and business equipment and instructional
materials and fixtures such as casework, laboratory equipment,
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kitchen equipment, auditorium seating and any other special
fixtures or equipment required to conduct a particular
educational program.
(4) "Substantial addition" means more than twenty (20) per
centum of the area and replacement value of the structure to
which the improvement is to be added.
Section 2. The act is amended by adding an article to read:
ARTICLE VII-A
SCHOOL FACILITIES
Section 701-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Athletic facility." A locker room, gymnasium, arena, pool,
athletic training room, weight room or any other location used
by students and their coaches for sports training, practice,
competition and coaching.
"Committee." The Public School Facility Advisory Committee
established under section 704-A.
"Department." The Department of Education of the
Commonwealth.
"Facility condition assessment." The updated assessment
described under section 705-A.
"Public school facility." A structure, building or facility
occupied by ownership, lease or other agreement used by a school
entity.
"School entity." A school district, area career and
technical school, intermediate unit, cyber charter school,
charter school, chartered school for the education of the deaf
or blind or regional charter school operating within this
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Commonwealth.
"School infrastructure improvement." The acquisition,
demolition, construction, improvement, repair, alteration,
modernization, renovation, reconstruction or maintenance of all
or any part of a public school facility or of any other property
necessary for, or ancillary to, a public school facility. The
term includes site acquisition, site development, the services
of design professionals such as engineers and architects,
construction management, financing costs and administrative
costs and expenses incurred in connection with the project, as
well as capital maintenance intended to extend the useful life
of a public school facility, including upgrades and replacements
of building systems such as structure, enclosure, mechanical,
plumbing and electrical systems, considered to constitute or be
part of a school infrastructure improvement project.
Section 702-A. Powers and duties of department.
The department shall have the following duties:
(1) To the extent funding is available:
(i) Provide technical assistance regarding school
infrastructure improvement to school entities as
determined by the department, requested by the school
entity or determined by third-party review.
(ii) Assist school entities with securing and
leveraging Federal, State and local resources to improve
public school facilities.
(iii) Contract with one or more third-party vendors
to complete the assessment in a timely manner as provided
under section 705-A(b).
(2) Assist school entities with assessing their
infrastructure needs to provide quality, safe, healthy,
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sustainable, effective and equitable learning and working
environments.
(3) Coordinate public school facility planning and
improvement across Federal and State agencies.
(4) Establish and maintain the public school facility
inventory required under section 703-A(a).
(5) Develop, in consultation with the committee, the
criteria for the assessment and subsequent request for a
proposal from a third-party vendor to complete the assessment
as provided under section 705-A(b)(1).
Section 703-A. Public school facility inventory.
(a) Inventory.--The department shall collect the following
information from each school entity for each public school
facility:
(1) The name of the school entity that occupies each
public school facility through ownership, lease or other
agreement.
(2) The name or address of the public school facility.
(3) The grades served in the public school facility, if
applicable.
(4) The number of students enrolled in the public school
facility and a projection for student enrollment growth over
10 years, if applicable.
(5) The building capacity limits as established by the
Department of Labor and Industry and standardized measures,
including the international building code for public school
facilities.
(6) Whether the public school facility is an
administrative building, an instructional building,
gymnasium , athletic facility or a maintenance building.
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(7) The number of stories in the public school facility.
(8) The size of the public school facility in square
footage. Architectural area and scheduled area shall be
calculated in accordance with 22 Pa. Code § 349.1 (relating
to definitions).
(9) The acreage of the public school facility site.
(10) The ownership status of the public school facility,
including:
(i) Owned by the school entity.
(ii) Leased or rented to the school entity,
including an indicator of whether the school entity is
financially responsible for routine and preventative
public school facility maintenance costs.
(11) The age of the public school facility, if known,
including dates and brief descriptions of any major
renovations or additions. This requirement may be met with a
third-party districtwide facility study.
(b) Data submission.--No later than April 1, 2027, the
department shall establish a form and electronic process for
each school entity to submit the information required under
subsection (a).
(c) Duties.--No later than December 31, 2027, each school
entity shall submit the information required under subsection
(a) to the department in a form and manner determined by the
department.
(d) Technical assistance.--The department may provide
technical assistance to each school entity to ensure a complete
inventory under subsection (a).
(e) Inventory update.--Beginning in the 2028-2029 school
year and every three years thereafter, the department shall
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require each school entity to review and update the information
under subsection (a) as necessary to inform the department of
substantial changes in school building use, occupancy,
ownership, damages to school buildings or building closures.
Section 704-A. Public School Facility Advisory Committee.
(a) Establishment.--The Public School Facility Advisory
Committee is established within the department.
(b) Duties.--The committee shall have the following duties:
(1) Make recommendations to the department pertaining to
public school facility issues, including program
requirements, guidelines, funding structures to support
school entities to conduct assessments and address public
school facility deficiencies, regulations and support
provided by the department.
(2) Periodically review the maintenance of the public
school facility inventory under section 703-A(a) and provide
recommendations to the department regarding the maintenance
of the inventory.
(3) Work in consultation with the department on
developing uniform criteria and measures for the assessment.
(4) Make recommendations to the department and General
Assembly regarding measures school entities can use to
address deficiencies identified in the assessment.
(c) Composition.--
(1) The committee shall consist of the following
members:
(i) The following individuals appointed by the
Governor:
(A) An individual recommended by the
Pennsylvania Association of School Business Officials
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with experience in public school facility operations.
(B) An individual recommended by the
Pennsylvania School Boards Association.
(C) An individual recommended by the
Pennsylvania Association of School Administrators.
(D) An architect recommended by the American
Institute of Architects of Pennsylvania with
experience in school building projects.
(E) An engineer recommended by the Pennsylvania
Society of Professional Engineers with experience in
school building projects.
(F) An individual recommended by the
Pennsylvania State Building and Construction Trades
Council.
(G) An individual jointly recommended by the
Pennsylvania State Education Association and the
American Federation of Teachers Pennsylvania.
(ii) The Secretary of Education or a designee, who
shall serve as the chairperson.
(iii) The chief administrator for the department's
Division of School Facilities.
(iv) The architect or structural engineer for the
department's Division of School Facilities.
(2) If members are not initially appointed within 90
days of the effective date of this paragraph, or within 90
days of a vacancy, the Secretary of Education shall appoint
any qualified individual to fill the vacancy.
(d) Meetings.--The committee shall:
(1) Meet at the call of the chairperson.
(2) Hold its first meeting within 45 days of the date
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that all members are appointed to the committee.
(e) Compensation and reimbursement.--The members of the
committee shall serve without compensation. Members shall be
reimbursed for the necessary expenses incurred in the
performance of the member's duties.
Section 705-A. Statewide facility condition assessment.
(a) Development.--
(1) No later than six months after establishment of the
committee, the department, in consultation with the
committee, shall develop a uniform set of criteria and
measures for a request for proposals from third-party vendors
to evaluate the condition of the physical attributes and
educational suitability of each public school's facilities
under subsection (b). The following shall apply:
(i) The physical attributes shall include the
following:
(A) Structural components, including walls,
floors, roofs, windows, doors and foundational
components.
(B) System components, including mechanical,
electrical, plumbing, heating, ventilation and air
conditioning. A heating, ventilation and air
conditioning system evaluation shall be completed and
must include:
(I) Testing for maximum filter efficiency.
(II) Measuring the outside air rate.
(III) Verifying ventilation components'
operation.
(IV) Measuring air distribution through all
inlets and outlets.
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(V) Verifying unit operation and performance
of required maintenance in accordance with the
American Society of Heating, Refrigerating and
Air-Conditioning Engineers standards, as the
standard is published as of the effective date of
this section. The department may identify a
successor standard under this subclause and adopt
the successor standard.
(VI) Verifying control sequences.
(VII) Verifying carbon dioxide sensors and
acceptable carbon dioxide indoor air
concentrations.
(C) Interior components, including finishes and
fixtures.
(D) Exterior components, including finishes and
fixtures.
(E) Compliance with the requirements in the
Americans with Disabilities Act of 1990 (Public Law
101-336, 104 Stat. 327) in the construction,
maintenance and alterations of a public school
facility.
(F) The physical components of the building that
create or have the potential to create:
(I) A risk of exposure to environmental
hazards, including lead, asbestos and mold.
(II) Risk factors determined by the
department.
(III) A risk of exposure to environmental
hazards as determined by the results of testing
for environmental hazards inside the public
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school facility completed within the last five
years.
(G) Energy efficiency and performance, including
fuel types and alternative fuel types used, energy
costs observed per fuel type and other factors
determined by the department.
(H) Physical safety and security enhancements,
including any security-related technology and any
physical security assessments conducted by the school
entity.
(ii) The evaluation may include a record of a
recently completed and scheduled major maintenance
project specified under section 2604-J(b).
(2) (Reserved).
(b) Assessment.--To the extent that funding is available,
but no later than April 1, 2028, the department shall initiate a
process to complete an assessment of each public school facility
using the criteria and measures developed by the department
under subsection (a) in accordance with the following:
(1) The department may contract with third-party vendors
to complete the assessment.
(2) The assessment may be completed in phases if the
final phase is completed by June 1, 2031.
(c) Report.--
(1) No later than 90 days after the completion of the
assessment, the department shall compile data from the
assessment into a report that shall be shared with the
members of the committee, the President pro tempore of the
Senate, the Majority Leader and the Minority Leader of the
Senate, the Speaker of the House of Representatives, the
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Majority Leader and the Minority Leader of the House of
Representatives, the chairperson and minority chairperson of
the Education Committee of the Senate and the chairperson and
minority chairperson of the Education Committee of the House
of Representatives.
(2) The report shall:
(i) Include sufficient information to permit the
committee to review the status and scale of need for the
improvement and safety of public school facilities across
this Commonwealth.
(ii) Not include:
(A) Building plans or infrastructure records
that expose or create vulnerability through the
disclosure of the location, configuration or security
of crucial systems, including:
(I) Public utility systems.
(II) Structural elements.
(III) Technology.
(IV) Communication.
(V) Electrical.
(VI) Fire suppression.
(VII) Ventilation.
(VIII) Water.
(IX) Wastewater.
(X) Sewage.
(XI) Gas Systems.
(B) Other information that would be exempted
from disclosure under section 708 of the act of
February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law.
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(d) Executive summary requirement.--
(1) Within 90 days of receiving a facility condition
assessment, each third-party vendor that has been assigned to
complete the assessment for a school entity as provided under
subsection (b) shall prepare an executive summary of the
assessment. The executive summary shall include, at a
minimum, the following:
(i) Identified asbestos, mold and lead remediation
needs.
(ii) The anticipated duration for which each
building is projected to be maintained or, if applicable,
expanded in order to accommodate projected enrollment
growth or decline.
(iii) The status of compliance with the Americans
With Disabilities Act of 1990 (Public Law 101-336, 104
Stat. 327) in the construction, maintenance and
alterations of a public school facility.
(iv) Heating, ventilation and air conditioning
systems, in cluding whether the systems exist in each
building, and any identified issues related to heating,
ventilation and air conditioning systems, indoor air
quality or related environmental conditions.
(2) The executive summary shall not include building
plans or infrastructure records that expose or create
vulnerability through the disclosure of the location,
configuration or security of crucial systems, including:
(i) Public utility systems.
(ii) Structural elements.
(iii) Technology.
(iv) Communication.
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(v) Electrical.
(vi) Fire suppression.
(vii) Ventilation.
(viii) Water.
(ix) Wastewater.
(x) Sewage.
(xi) Gas systems.
(xii) Other information that would be exempted from
disclosure under section 708 of the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law .
(3) Each school district shall post the executive
summary on the school district's publicly accessible Internet
website. School EXCEPT FOR THE INFORMATION REQUIRED UNDER
PARAGRAPH (1), SCHOOL districts may redact information from
the executive summary if , the disclosure of which would be
reasonably likely to result in a substantial and demonstrable
risk of physical harm or the personal security of students or
staff. This information shall remain confidential and shall
not be subject to the Right-to-Know Law .
Section 706-A. Modernization plans.
Within one year of its receipt an executive summary under
section 705-A(d) , each school entity shall develop a plan for
the modernization of its public school facilities based upon the
assessment results and shall post the plan on its publicly
accessible Internet website.
Section 3. Section 2605-J of the act is repealed:
[Section 2605-J. Building condition assessments.
(a) Duties of department.--
(1) The department shall develop guidelines for school
entities to voluntarily report information related to school
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building safety, inventory and condition. The guidelines
shall include a building condition assessment to be
voluntarily completed every 10 years for school entities that
includes, but is not limited to, a projection of costs to
maintain and renovate existing school buildings.
(2) The department shall post completed building
condition assessments on the department's publicly accessible
Internet website.
(3) The department shall provide additional points under
the funding rubric contained in section 2604-J(d) for grants
applied for by school entities that complete building
condition assessments.
(b) Completion incentive.--A school entity that completes a
building condition assessment shall receive a 2% increase above
the amount calculated under section 2606-J. The department shall
develop a process, in coordination with the application process
in section 2602-J, for awarding an enhanced reimbursement for
completing a building condition assessment.]
Section 4. This act shall take effect as follows:
(1) The amendment of section 701.1 of the act shall take
effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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