An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in community colleges, further providing for definitions, for powers and duties of State Board of Education, for plans and procedures for establishing, for election or appointment and term and organization of board of trustees, for powers and duties of board of trustees, for students, for tuition, for withdrawal of sponsorship and dissolution of community college, for participation in or admission to established community college, for degrees and for financial program and reimbursement of payments; in institutions of higher education, further providing for long-term strategic planning and providing for additional powers and duties; and, in the State Board of Education, further providing for membership, for powers and duties of the board, for powers and duties of Council of Basic Education and Council of Higher Education and for reports and recommendations.

PRINTER'S NO. 3667
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2656
Session of
2026
INTRODUCED BY TAKAC, GUZMAN AND PASHINSKI, JUNE 22, 2026
REFERRED TO COMMITTEE ON EDUCATION, JUNE 22, 2026
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 community colleges, further
providing for definitions, for powers and duties of State
Board of Education, for plans and procedures for
establishing, for election or appointment and term and
organization of board of trustees, for powers and duties of
board of trustees, for students, for tuition, for withdrawal
of sponsorship and dissolution of community college, for
participation in or admission to established community
college, for degrees and for financial program and
reimbursement of payments; in institutions of higher
education, further providing for long-term strategic planning
and providing for additional powers and duties; and, in the
State Board of Education, further providing for membership,
for powers and duties of the board, for powers and duties of
Council of Basic Education and Council of Higher Education
and for reports and recommendations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1901-A(5), 1902-A, 1903-A, 1904-A(a),
1905-A(a) introductory paragraph and (6), 1907-A, 1908-A(a), (c)
and (e), 1910-A, 1911-A, 1912-A and 1913-A(b)(1.4)(i), (d), (e)
and (k.1)(6) of the act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, are amended to read:
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Section 1901-A. Definitions.--The following words and
phrases, as used in this article, shall, unless a different
meaning is plainly required by the context, have the following
meaning:
* * *
(5) "Community college plan" shall mean a plan prepared in
accordance with the policies, standards, rules and regulations
of the State Board of Higher Education for the establishment or
operation of a community college and shall include a survey of
any industrial development and manpower needs of the area and of
any career and technical and occupational shortage and the means
by which the community college program and curriculum shall
further industrial development, reduce unemployment and improve
employable skills of residents of the area to be served by the
community college.
* * *
Section 1902-A. Powers and Duties of State Board of Higher
Education.--(a) The State Board of Higher Education shall have
the power, and its duty shall be:
(1) To adopt such policies, standards, rules and regulations
[formulated by the Council of Higher Education,] as may be
necessary to provide for the establishment, operation and
maintenance of community colleges, including minimum
requirements for physical facilities and equipment, curriculum,
faculty, standards and professional requirements, qualifications
for admission and advancement of students, student enrollment,
student population of the area to be served by the community
college, requirements for satisfactory completion of a two-year
program and the degrees or diplomas or certificates to be
awarded therefor, means of financing and financial resources for
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the establishment and support of the community college, and all
matters necessary to effectuate the purposes of this act.
(2) To approve or disapprove plans for the establishment or
operation of a community college.
(3) To approve or disapprove petitions of school districts
or municipalities applying for participation in an established
community college. No petition may be approved unless it is
accompanied by the consent of the governing bodies of the
majority of the members of the local sponsor of the established
community college to the participation of the petitioning school
district or municipality.
(b) In determining such policies, standards, rules and
regulations, the State Board of Higher Education may consider
relevant all minimum requirements established by statute or by
regulation with respect to the State colleges and universities
of the Commonwealth and may consider relevant such minimum
requirements established by statute or by regulation with
respect to secondary and special education programs in the
school district or districts of the area to be served by the
community college.
(c) In approving or disapproving such plans, the State Board
of Higher Education shall consider the needs of areas adjacent
to the areas to be served by the community college and of the
State with respect to higher education and long range plans
therefor established by the State Board of Higher Education.
Other school districts and municipalities may petition the State
Board of Higher Education to become a part of a local sponsor as
hereafter in this act provided.
(d) No plan for the establishment of a community college
shall be approved unless the State Board of Higher Education
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determines that the local sponsor has a population of a
sufficient number to assure a sustained minimum enrollment, has
sufficient wealth to financially support such college and is not
adequately served by established institutions of higher
learning. No plan for the establishment of a community college
shall be approved unless it contains an estimate of operating
cost for administration, instruction, operation and maintenance
and such other accounts as the State Board of Higher Education
may, from time to time, determine. No plan for the establishment
of a community college shall be approved unless it contains an
estimate of any proposed capital improvements for the next
following ten years.
(e) To confer with and obtain the approval of the Governor's
Office as to the number of community colleges which can be
approved for participation during the ensuing fiscal period.
[(f) Wherever in this act the approval of the State Board of
Education is required in any matter, the State Board of
Education may require the Department of Education to make and
report its findings and recommendations on such matter to the
Council of Higher Education for the formulation of policies,
standards, rules and regulations for consideration by the State
Board of Education.]
Section 1903-A. Plans and Procedures for Establishing.--(a)
A proposed community college plan shall be submitted by the
local sponsor in such form and containing such information as
the State Board of Higher Education may require. The plan shall
designate the name of the proposed community college which shall
be the "Community College of ............................." or
"................................... Technical Institute,"
stating the name of the local sponsor or area of such community
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college. If there are two or more members of the local sponsor,
the plan shall include provisions allocating financial
responsibility for the community college among the members of
the local sponsor subject to the policies, standards, rules and
regulations of the State Board of Higher Education.
(b) The community college plan, when submitted by the local
sponsor, shall first be approved by the governing body of each
member of the local sponsor and shall be submitted by them
jointly in all counties. School directors from school districts
of the second, third and fourth class located in two or more
counties may meet in convention and approve a community college
plan for submission to the State Board of Higher Education.
(c) Upon the approval of the plan by the State Board of
Higher Education, the governing bodies of the local sponsor
shall appoint a board of trustees of the community college, as
hereinafter provided, and, upon such appointment, the community
college shall be considered established.
(d) A county board of school directors shall prepare a plan
for establishing a community college when required by a
convention of school directors from school districts within the
county. Such plan shall indicate the school districts to be
served by a community college. Thereafter, a convention of
school directors from school districts within the proposed area
of a community college shall be called to consider:
(1) The proposed plan.
(2) The question of authorizing the county board or county
boards to sponsor a community college.
(3) The allocation of the cost of establishing and operating
a community college.
(e) Following [such] consideration of the matters under
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subsection (d), the school directors in convention may approve a
plan to establish and operate a community college subject to the
approval of the State Board of Higher Education and to determine
the share and formula for sharing operating expenses, capital
outlay, debt service or lease payment to be borne by the school
districts. School directors from the districts not desiring to
participate in the establishment of a community college shall
not be eligible to vote on any question placed before the
convention.
(f) Member districts shall share the cost of establishing
and operating a community college.
Section 1904-A. Election or Appointment; Term and
Organization of Board of Trustees.--(a) The board of trustees
of a community college shall be elected by the vote of a
majority of the members of the governing body or governing
bodies of the local sponsor within sixty (60) days of the
approval of the plan by the State Board of Higher Education,
except that the board of trustees of a community college
sponsored by a city of the second class shall be appointed by
the mayor, with approval of city council, and in cities of the
first class shall be appointed by the mayor from nomination from
a nominating panel established in accordance with municipal
ordinance.
* * *
Section 1905-A. Powers and Duties of Board of Trustees.--(a)
The affairs of any community college established under this act
shall be administered and supervised by a board of trustees.
Subject to any law and to any policies, standards, rules and
regulations adopted by the State Board of Higher Education
provided for community colleges, the board of trustees shall,
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for the purpose of establishing, operating and maintaining a
community college, have the power, and its duty shall be:
* * *
(6) To submit to the State Board of Higher Education for its
approval proposed amendments to the community college plan.
* * *
Section 1907-A. Students.--Any resident of the Commonwealth
may apply for admission to any community college established
under this act. The State Board of Higher Education may provide
for the admission to community colleges of persons who are not
residents of the Commonwealth, but no college shall admit such
persons unless the admission is in accordance with the policies,
standards, rules and regulations of the State Board of Higher
Education. The State Board of Higher Education may prescribe
standards for determining the place of residence of students and
applicants for admission to community colleges.
Section 1908-A. Tuition.--(a) The normal tuition charged by
each community college shall be an amount fixed by the board of
trustees of the community college, in accordance with policies,
standards, rules and regulations of the State Board of Higher
Education, determined by apportioning among the students
enrolled in such college not more than one-third of its annual
operating costs.
* * *
(c) A student who is a resident of the Commonwealth in an
area which is not a local sponsor of a community college and who
is enrolled in a community college in accordance with the
policies, standards, rules and regulations of the State Board of
Higher Education shall pay a tuition charge fixed by the board
of trustees of the college attended. Such tuition shall total
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the amount representing the difference between total operating
cost per equivalent full-time student and the amount payable by
the State on behalf of each equivalent full-time student
enrolled. The community college enrolling such student shall be
entitled to State reimbursement as hereinafter provided.
* * *
(e) A student who is not a resident of the Commonwealth and
who is enrolled in a community college in accordance with the
policies, standards, rules and regulations of the State Board of
Higher Education shall pay such tuition charge as is approved by
the Department of Education.
Section 1910-A. Withdrawal of Sponsorship; Dissolution of
Community College.--No school district or municipality which is
a local sponsor or a part of a local sponsor may withdraw its
sponsorship from a community college nor may any community
college be disestablished without the approval of the State
Board of Higher Education.
Section 1911-A. Participation in or Admission to Established
Community College.--(a) The governing body of any school
district or of any municipality desiring to have such school
district or municipality participate in an established community
college shall present a petition to the State Board of Higher
Education in such form as the board may prescribe requesting
approval to participate in or to be admitted to the community
college.
(b) Upon the approval of the State Board of Higher Education
of a petition submitted by a governing body, such petitioning
school district or municipality shall be considered a local
sponsor of the community college and be admitted thereto.
Section 1912-A. Degrees.--The State Board of Higher
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Education shall prescribe the types of diplomas, certificates or
degrees that may be granted students who complete post-secondary
education courses in community colleges.
Section 1913-A. Financial Program; Reimbursement of
Payments.--* * *
(b) * * *
(1.4) The equivalent full-time student reimbursement of a
community college shall be the sum of credit course, noncredit
course and stipend reimbursements. These reimbursements shall be
calculated using a reimbursement factor of one thousand and
forty dollars ($1,040) for the 1993-1994 fiscal year, of one
thousand eighty dollars ($1,080) for the 1994-1995 fiscal year
and of one thousand one hundred eighty dollars ($1,180) for the
1995-1996 fiscal year and one thousand and two hundred and ten
dollars ($1,210) for the 1996-1997 fiscal year and one thousand
two hundred sixty dollars ($1,260) for the 1997-1998 fiscal year
and the 1998-1999 fiscal year and one thousand three hundred
dollars ($1,300) for the 1999-2000 fiscal year and one thousand
four hundred dollars ($1,400) for the 2000-2001 fiscal year and
one thousand five hundred dollars ($1,500) for the 2001-2002
fiscal year and for each year thereafter and shall be determined
as follows:
(i) Credit course reimbursement shall be calculated by
multiplying the reimbursement factor by the number of equivalent
full-time students enrolled in credit courses as determined by
an audit to be made in a manner prescribed by the State Board of
Higher Education.
* * *
(d) The State Board of Higher Education shall adopt
policies, standards, rules and regulations for determining
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reimbursable capital expenses and operating costs, and the
Department of Education shall approve such expenses and costs
for the purpose of reimbursement by the Commonwealth.
(e) The State Board of Higher Education shall apply for,
receive and administer, subject to any applicable regulations or
laws of the Federal Government or any agency thereof, any
Federal grants, appropriations, allocations and programs to
fulfill the purpose of this act.
* * *
(k.1) * * *
(6) The State Board of Higher Education shall promulgate
final-omitted regulations pursuant to the act of June 25, 1982
(P.L.633, No.181), known as the "Regulatory Review Act," as
necessary to implement this subsection.
* * *
Section 2. Section 2013-L(a)(3) of the act, added July 17,
2024 (P.L.818, No.69), is amended and the section is amended by
adding a subsection to read:
Section 2013-L. Long-term strategic planning.
(a) Development of strategic plan.--The board shall be
responsible for developing a higher education strategic plan for
the Commonwealth which shall:
* * *
[(3) Include components required of the master plan for
higher education under section 2603-B(h).]
* * *
(f) Institutional long-range plans.--The board may require
the submission of long-range plans from all institutions of
higher education at the times and in the form requested by the
board. The documents may be reviewed by the board in the
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development and advancement of the strategic plan under this
section.
Section 3. The act is amended by adding a section to read:
Section 2014-L. Additional powers and duties.
(a) Generally.--The board shall have the following
additional powers and duties:
(1) The board shall issue policies, standards, rules and
regulations, adopt broad policies and principles and
establish standards governing higher education in this
Commonwealth.
(2) The board may adopt policies under which the
Secretary of Education shall:
(i) Approve or disapprove any action of a State-
owned university, community college or State-related or
State-aided college or university in establishing
additional branches or campuses or discontinuing branches
or campuses.
(ii) Approve or disapprove action of a State-owned
university, community college or State-related or State-
aided college or university in establishing a new
professional school or upper division program by a two-
year institution.
(iii) Approve or disapprove an application by a two-
year institution to become a four-year institution.
(iv) Approve or disapprove the request of a private
institution of higher education for admission to State-
related or State-aided status or for eligibility for
other State financial support.
(3) The board shall develop standards for the approval
of colleges and universities for the granting of certificates
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and degrees. This paragraph includes the authority to
prescribe standards and qualifications under 24 Pa.C.S. Ch.
65 (relating to private colleges, universities and
seminaries) subject to the limitation in 24 Pa.C.S. §
6503(e.1) (relating to certification of institutions).
(4) The board shall develop standards for all higher
education building projects involving the use of State money
or the money of any Commonwealth instrumentality.
(5) The board shall investigate programs, conduct
research studies and formulate policy proposals in all areas
pertaining to higher education in this Commonwealth.
(b) Provisions relating to State-owned universities.--With
regard to State-owned institutions, the Secretary of Education
may not approve or disapprove action under subsection (a)(2)(i)
or (ii) until after recommendation by the Board of Governors of
the State System of Higher Education, whenever the
recommendation is deemed necessary or required by law.
(c) Approval required.--
(1) An institution of higher education may not proceed
with action described in subsection (a)(2)(i) or (ii) unless
the action has been approved by the Secretary of Education.
(2) With regard to approval by the Secretary of
Education under subsections (a) and (b), no action to be
financed wholly or in part from State appropriations shall be
taken by an institution of higher education:
(i) Prior to the next fiscal year or until the
General Assembly approves the Governor's budget for the
next fiscal year.
(ii) Prior to the Governor and the Secretary of the
Budget being provided with written notification of the
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approval, including projected five-year fiscal analysis
and an explanation as to the necessity for the proposed
action in relation to the strategic plan for higher
education.
(d) Transfer.--Except as needed under subsection (e), all
files, records, contracts, agreements and other materials used
by the State Board of Education or the Council of Higher
Education in connection with the powers, duties or functions
exercised by the State Board of Education or the Council of
Higher Education related to the powers and duties in this
section are transferred to the board.
(e) Regulations.--
(1) A regulation adopted by the State Board of Education
under authority transferred to this board shall:
(i) Continue to be enforced by the State Board of
Education in collaboration with the board until the board
modifies or revises the regulation.
(ii) Continue to have the same force and effect
until modified or revised by the board under this
section.
(2) The board may promulgate regulations as needed to
implement this section.
(f) Construction.--Nothing in this section shall be
construed to vest the board with any power or duty vested in the
State Board of Education related to educator preparation,
educator certification, technical institutes or postsecondary
career and technical education.
Section 4. Sections 2602-B(e), 2603-B(a), (d)(4)(i), (5),
(6), (7), (8) and (9), (e), (f), (g) and (h), 2604-B(c) and
2605-B(a) of the act are amended to read:
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Section 2602-B. Membership.--* * *
(e) For the purpose of formulating policy proposals
[applicable to elementary, secondary, career and technical
education and higher education in this Commonwealth], there
shall be two councils, which shall consist of ten (10) members
of the board each, the chairman being a member of both councils,
and shall be known as the Council of Basic Education and the
Council of Higher Education. The Governor shall designate to
serve at his pleasure a member serving on each council to act as
chairman of the council. Each council shall meet at the call of
its chairman or at the request of a majority of the members of
the council. The chairman of the board may appoint special joint
committees from among the members of the board to formulate
policy proposals in those areas which fall within the purview of
both of the councils.
* * *
Section 2603-B. Powers and Duties of the Board.--(a) The
board shall have the power, and its duty shall be, to review the
statements of policy, standards, rules and regulations
formulated by the Council of Basic Education and the Council of
Higher Education, and adopt broad policies and principles, and
establish standards governing the educational program of the
Commonwealth. This subsection shall not apply to a statement of
policy, standard, rule, regulation or principle relating
exclusively to higher education.
* * *
(d) The board shall also have the authority and duty to:
* * *
(4) (i) apply for, receive and administer, subject to any
applicable regulations or laws of the Federal Government or any
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agency thereof, any Federal grants, appropriations, allocations
and programs for the development of academic facilities on
behalf of the Commonwealth[,] or any of its school districts [or
any institution of higher education, public or private,] within
this Commonwealth;
* * *
[(5) adopt policies under which the Secretary of Education
shall approve or disapprove any action of a State-owned
university, community college or State-related or State-aided
college or university in establishing additional branches or
campuses, or in discontinuing branches or campuses;
(6) adopt policies under which the Secretary of Education
shall approve or disapprove any action of a State-owned
university, community college or State-related or State-aided
college or university in establishing new professional schools
or upper division programs by two (2) year institutions;
(7) adopt policies under which the Secretary of Education
shall approve or disapprove applications by two (2) year
institutions to become four (4) year institutions;
(8) adopt policies under which the Secretary of Education
shall approve or disapprove the request of any private
institution of higher education for admission to State-related
or State-aided status, or for eligibility for other State
financial support;
(9) require the submission of long-range plans from all
public and private institutions of higher education at the times
and in the form requested by the board. Such documents shall be
reviewed by the Council of Higher Education and the board in the
development of a master plan for higher education as provided in
subsection (h) and section 2604-B(c)(1);]
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* * *
[(e) With regard to State-owned institutions, approval or
disapproval by the Secretary of Education under the provisions
of clauses (5) and (6) of subsection (d) shall not be made until
after recommendation by the Board of Governors of the State
System of Higher Education, whenever such recommendation is
deemed necessary or required by law.
(f) No institution of higher education may proceed with any
action unless it has been approved by the Secretary of Education
under the provisions of clauses (5) through (8) of subsection
(d).
(g) With regard to approval by the Secretary of Education
under the provisions of clauses (5) through (8) of subsection
(d), no action to be financed wholly or in part from State
appropriations shall be taken by an institution of higher
learning (i) prior to the next fiscal year or until the General
Assembly approves the Governor's budget for the next fiscal
year, and (ii) prior to the Governor and the Secretary of the
Budget being provided with written notification of such
approval, including projected five (5) year fiscal analysis and
an explanation as to the necessity for the proposed action in
relation to the master plan for higher education.
(h) Every ten (10) years, the board shall adopt a master
plan for higher education which shall be for the guidance of the
Governor, the General Assembly, and all institutions of higher
education financed wholly or in part from State appropriations.
The master plan shall:
(1) define the role of each type of institution (State-owned
universities, State-related universities, community colleges,
private colleges and universities and off-campus centers of any
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of these and other institutions authorized to grant degrees) in
this Commonwealth;
(2) recommend enrollment levels for each such institution;
(3) recommend methods for governance;
(4) recommend methods for the distribution of State funds
among the institutions;
(5) evaluate the status of physical plants and technical
equipment and project needs;
(6) evaluate the status of and projection of manpower needs;
(7) evaluate enrollment accessibility to institutions of
higher learning by the public; and
(8) otherwise provide for an orderly development of
institutions of higher education in this Commonwealth.]
* * *
Section 2604-B. Powers and Duties of Council of Basic
Education and Council of Higher Education.--* * *
(c) The Council of Higher Education shall have the power and
its duty shall be to:
[(1) develop a master plan for higher education in this
Commonwealth, including a system of community colleges as
provided by law, for adoption by the board;
(2) develop standards for the approval of colleges and
universities for the granting of certificates and degrees;
(3) develop standards for all higher education building
projects involving the use of State funds or the funds of any
Commonwealth instrumentality; and]
(4) investigate programs, conduct research studies and
formulate policy proposals in all areas pertaining to [higher
education in this Commonwealth, including a system of community
colleges and technical institutes as provided by law.] educator
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preparation and educator certification, technical institutes and
public post-secondary career and technical education.
Section 2605-B. Reports and Recommendations.--(a) Annually
in January, the board shall submit a comprehensive report of its
activities to the Governor and the General Assembly together
with its recommendations for improvements in education in this
Commonwealth. The board's report shall include a statement
outlining the expected benefits and projected costs of any
recommended course of action. The report shall also include
information regarding the ongoing review of [the Master Plan for
Higher Education and] the Master Plan for Basic Education and
list any projected changes.
* * *
Section 5. The addition of section 2014-L of the act is a
continuation of powers and duties previously vested in the State
Board of Education in sections 2603-B and 2604-B of the act.
Except as otherwise provided in section 2014-L, all activities
initiated by the State Board of Education under the powers and
duties transferred under sections 2603-B and 2604-B of the act
to the State Board of Higher Education shall continue and remain
in full force and effect and may be completed under section
2014-L of the act. Orders, regulations, rules and decisions
which were made under the powers and duties transferred under
sections 2603-B and 2604-B of the act to the State Board of
Higher Education and which are in effect on the effective date
of this section shall remain in full force and effect until
revoked, vacated or modified under section 2014-L of the act.
Section 6. This act shall take effect in 60 days.
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