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PRINTER'S NO. 1495
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1214
Session of
2026
INTRODUCED BY PHILLIPS-HILL, LANGERHOLC, GEBHARD, ROTHMAN,
MASTRIANO, MARTIN, J. WARD, VOGEL, HUTCHINSON, STEFANO AND
KEEFER, MARCH 12, 2026
REFERRED TO EDUCATION, MARCH 12, 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 institutions of higher education,
abolishing the State Board of Higher Education and its powers
and duties; further providing for Performance-based Funding
Council and for public institution of higher education
reporting; and providing for reversion of certain powers and
duties of the State Board of Higher Education to the State
Board of Education and Council of Higher Education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "board" in section 2001-L of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, is repealed:
Section 2001-L. 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:
* * *
["Board." The State Board of Higher Education established
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under section 2010-L.]
* * *
Section 2. Subarticle B of Article XX-L of the act is
repealed:
[SUBARTICLE B
COORDINATION OF HIGHER EDUCATION
Section 2010-L. State Board of Higher Education.
(a) Establishment.--The State Board of Higher Education is
established within the department.
(b) Purpose.--The purpose of the board is to provide
direction, coordination and support to ensure that institutions
of higher education fully meet the workforce and economic
development needs of this Commonwealth and ensure that all
residents of this Commonwealth have access to affordable, world-
class postsecondary education.
(c) Membership and appointment.--The board shall consist of
the voting members specified in this subsection. In making
appointments to the board, the Governor shall ensure that the
appointee is a Pennsylvania resident and has the background and
experience suitable for performing the statutory responsibility
of a member of the board. Membership of the board shall be as
follows:
(1) The Secretary of Education or a designee who shall
be an employee of the department.
(2) The Secretary of Labor and Industry or a designee
who shall be an employee of the Department of Labor and
Industry.
(3) One member of the Senate appointed by the President
pro tempore of the Senate or a designee who shall be an
employee of the Senate.
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(4) One member of the Senate appointed by the Minority
Leader of the Senate or a designee who shall be an employee
of the Senate.
(5) One member of the House of Representatives appointed
by the Speaker of the House of Representatives or a designee
who shall be an employee of the House of Representatives.
(6) One member of the House of Representatives appointed
by the Minority Leader of the House of Representatives or a
designee who shall be an employee of the House of
Representatives.
(7) Members appointed by the Governor, in accordance
with paragraph (8), as follows:
(i) One representative of a State-owned university
who must be a president, administrator or local trustee.
(ii) One representative of the Board of Governors of
the State System of Higher Education.
(iii) One representative of a community college who
must be a president, administrator or board member.
(iv) One representative of an independent
institution of higher education who must be a president,
administrator or board member.
(v) Four representatives, one from each State-
related university, who must be presidents, chancellors,
administrators or local trustees.
(vi) Two representatives of a union representing
employees at public institutions of higher education who
may not be from the same institutions of higher education
as the representatives under subparagraph (i) or (iii).
(vii) Two representatives of business.
(viii) Two student representatives, one of whom is a
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student at an independent institution and one of whom is
a student at a public institution of higher education.
(ix) One representative of the Thaddeus Stevens
College of Technology.
(8) The Governor shall make the appointments under:
(i) paragraph (7)(iii) from a list of three names
submitted by the Pennsylvania Commission for Community
Colleges;
(ii) paragraph (7)(iv) from a list of three names
submitted by the Association of Independent Colleges and
Universities; and
(iii) paragraph (7)(vii) from a list of five names
submitted by the Pennsylvania Chamber of Business and
Industry.
(9) If an entity under paragraph (8) fails to submit a
list within 20 days of the establishment of the board or of a
vacancy of a member under paragraph (7), the Governor shall
appoint a qualified individual to fill the vacancy.
(d) Term.--The term of office of appointed members under
subsection (c)(7)(i), (ii), (iii), (iv), (v), (vii) and (ix)
shall be for a period of six years or until a successor is
appointed and qualified, except that, of the initial appointees,
the Governor shall designate three members to serve terms of two
years, four members to serve terms of four years and four
members to serve terms of six years. The Secretary of Education
and the Secretary of Labor and Industry shall serve as long as
they continue in office. Members of the board appointed by the
General Assembly shall serve a term of office concurrent with
their respective elective terms as members of the General
Assembly. The student members appointed by the Governor under
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subsection (c)(7)(viii) shall serve a term of two years or upon
graduation, separation or failure to maintain good academic
standing at the institution of higher education in which the
students are enrolled. The members under subsection (c)(7)(vi)
may not serve more than one consecutive term of two years and
may not be from the same union.
(e) Organization.--The Governor shall designate a chair and
vice chair of the board. The members shall select from among
themselves such officers as they deem necessary.
(f) Quorum and meetings.--
(1) A majority of members shall constitute a quorum for
the transaction of any business.
(2) The board shall meet to conduct official business no
less than once every three months or by the call of the
chair.
(g) Expenses.--Members shall receive no compensation for
their services but shall be reimbursed for the expenses
necessarily incurred by them in the performance of their duties.
(h) Initial appointment and vacancies.--An appointing
authority shall appoint members to the board within 30 days of
the establishment of the board. If a vacancy occurs on the
board, the appointing authority shall appoint a successor member
within 30 days of the vacancy.
(i) Removal of board members.--An appointed member who fails
to attend three consecutive board meetings shall forfeit their
membership on the board, unless the chair, upon written request
from the member, determines that the member should be excused
from a meeting or meetings for good cause.
(j) Administrative services and staff.--
(1) The board shall select an individual to serve as the
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executive director.
(2) The department shall, in consultation with the
executive director, provide administrative services and
additional staff to the board. The board shall be entitled to
legal counsel as designated by the Office of General Counsel.
(k) Applicability.--In addition to all applicable laws,
regulations and policies, the following acts shall apply to the
board:
(1) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(2) The act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
open meetings) and 11 (relating to ethics standards and
financial disclosure).
Section 2011-L. Powers and duties of State Board of Higher
Education.
(a) General rule.--The board is charged with promoting
quality, accessible and affordable postsecondary education
throughout this Commonwealth by developing, planning and
advancing the higher education policy agenda of the Commonwealth
to address the challenges facing Pennsylvania.
(b) General powers.--The board shall have and may exercise
all powers appropriate to carry out and effectuate the board's
purposes under this article, including, but not limited to:
(1) Adopt bylaws, if necessary.
(2) Make and execute contracts, grants and other
instruments in accordance with this article.
(3) Apply for and receive money from any source
consistent with the purposes of this article.
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(4) Establish subcommittees and advisory committees
composed as the chair or board deems necessary.
(5) Hold public hearings, solicit public comment and
seek stakeholder input on the direction of higher education
in this Commonwealth.
(6) Perform other operational activities necessary or
appropriate to further the purposes of this article.
(c) Duties.--The board shall perform all duties appropriate
to carry out and effectuate the board's purposes under this
article, including, but not limited to:
(1) Develop and advance a higher education strategic
plan and make recommendations that promote greater
postsecondary access, quality, affordability and
accountability.
(2) Develop policy recommendations, including:
(i) New programs to align to workforce needs.
(ii) Efficient and effective use of State money for
higher education.
(3) (i) Create and maintain a database for the
collection and analysis of postsecondary data to inform
the board's policy recommendations and assess the
progress of the strategic plan goals, including
postsecondary education and workforce outcomes.
(ii) Data collection under this paragraph shall be
limited and reduced to the extent feasible.
(iii) To the extent possible, the board shall
prioritize collecting information from data reported to
Federal and State entities and accrediting agencies.
(iv) Annually, the board shall report postsecondary
data elements collected from institutions of higher
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education under this paragraph. The report shall be
transmitted to the General Assembly and posted on the
board's publicly accessible Internet website.
(v) The provisions of section 118 shall not apply to
data collected under this paragraph.
(4) Promote the coordination and cooperation of
institutions of higher education to increase postsecondary
credentials and degrees to:
(i) Increase broad access to high quality and
affordable postsecondary credentials and degrees.
(ii) Promote the seamless transfer of credits and
credentials, including increasing community college
transfers to institutions of higher education.
(iii) Utilize dual-enrollment credit to create
strong pathways to postsecondary education and reduce
time to degree.
(iv) Meet the economic and workforce development
needs of this Commonwealth with a focus on meeting the
needs of current and future high-priority occupations.
(5) In conjunction with the K-12 sector, coordinate
workforce development and economic development sectors, with
a focus on meeting the needs of high-priority occupations, to
develop affordable pathways to postsecondary credentials that
are aligned to current and future workforce and economic
needs.
(7) At the request of an institution of higher
education, assist institutions of higher education with
assessing their fiscal health and provide technical support.
(8) Recommend to the General Assembly employer
incentives to assist employees with attaining skills by
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focusing on career and technical degree programs in high-
priority occupations.
(9) Develop recommendations for repurposing and reducing
underutilized facilities and maximizing their use.
(d) Transfer of powers and duties.--
(1) All powers and duties of the State Board of
Education and the Council of Higher Education under Article
XIX-A shall be transferred to the board. This paragraph does
not apply to any application for a withdrawal of sponsorship
under section 1910-A filed prior to the effective date of
this paragraph.
(2) All powers and duties of the State Board of
Education and the Council of Higher Education under Article
XXVI-B related to community colleges shall be transferred to
the board.
(3) All files, records, contracts, agreements and other
materials which are 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
community colleges are hereby transferred to the board.
(4) A regulation adopted under Article XIX-A shall be
enforced by the board in collaboration with the State Board
of Education and shall continue to have the same force and
effect until modified or revised by the board. The board may
promulgate regulations in order to implement this subsection.
(5) The board, in consultation with the State Board of
Education, shall make recommendations to the Governor and
General Assembly no later than May 1, 2025, regarding the
appropriate delineation of roles and responsibilities of the
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board, State Board of Education and department related to
higher education, including recommended legislation to update
Articles XIX-A and XXVI-B, and other related provisions of
this act.
(e) Coordination with State and local entities.--The board
shall:
(1) In consultation with the department, promote strong
pathways from grades K-12 through postsecondary credentials
and degrees.
(2) In consultation with the State Board of Education,
promote greater postsecondary access, quality and
affordability, including the use and quality of dual credit,
apprenticeships and career and technical pathways.
(3) In consultation with the Pennsylvania Workforce
Development Board and local workforce development boards,
support institutions of higher education to offer programs in
high-priority occupations and apprenticeships that meet this
Commonwealth's current and future workforce needs.
(4) In consultation with the State Board of Private
Licensed Schools, make legislative recommendations related to
the act of December 15, 1986 (P.L.1585, No.174), known as the
Private Licensed Schools Act.
(f) Closure of institutions of higher education.--
(1) No later than July 1, 2026, the board shall develop
procedures for an institution of higher education to follow
when the institution of higher education, whether or not
chartered in this Commonwealth, proposes taking action to
discontinue operations. The procedures shall include a plan
for the orderly closure of the institution of higher
education, including, but not limited to, a teach-out plan,
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preservation and accessibility of student and administrative
records, and notification to employees as required by 29
U.S.C. Ch. 23 (relating to worker adjustment and retraining
notification).
(2) The board may, contingent on the availability of
funds, enter into an agreement with a third party to
establish a centralized repository of student and employee
records for an institution of higher education that closes
and fails to place student records into a readily accessible
depository. An institution of higher education proposing to
discontinue operations may request assistance from the board
relating to discontinuance of the institution of higher
education's operations.
(3) To the extent permitted by Federal and State law,
Commonwealth funds may be withheld from an institution of
higher education provided that:
(i) No funds may be withheld prior to the
institution of higher education's formal vote and
subsequent notification of closure.
(ii) No funds may be withheld from services which
have been previously provided or will be provided prior
to the date of closure.
(iii) No funds provided for student financial aid
may be withheld on the basis of this section prior to the
date of closure or at such time that the student is no
longer enrolled at the institution of higher education.
Section 2012-L. Annual funding request.
In addition to the submission required under section 610 of
the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929, a public institution of higher
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education shall provide a copy of its budget request to the
board.
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:
(1) Identify long-term, measurable goals and provide
strategies for implementing those goals.
(2) Assess the higher education needs of this
Commonwealth as well as each region of this Commonwealth.
(3) Include components required of the master plan for
higher education under section 2603-B(h).
(b) Adoption of strategic plan.--No later than September 1,
2025, the board shall adopt a higher education strategic plan.
The plan shall be reviewed and revised, as necessary, every five
years.
(c) Consultation.--In development of the strategic plan, the
board shall:
(1) Consult with and seek input from stakeholders.
(2) Make the strategic plan available for review and
public comment for a period of not less than 30 days.
(3) Hold at least six regional public hearings as part
of the public comment process under paragraph (2).
(d) Annual reports.--Beginning May 1, 2026, and each May 1
thereafter, the board shall develop an annual report which shall
include an update on the progress of the implementation of the
higher education strategic plan. As part of the first annual
report, the board shall include a review and make
recommendations related to the efficacy of the structure and
operation of the board.
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(e) Transmittal of strategic plan and annual reports.--The
board shall post the strategic plan and annual reports on its
publicly accessible Internet website and transmit them to the
following individuals:
(1) The Governor.
(2) The General Assembly.
(3) The president of each institution of higher
education.
(4) The president of each bargaining unit that
represents employees at institutions of higher education.]
Section 3. Sections 2032-L(i)(4) and 2033-L(e)(1) and (3)
(ii) of the act, amended November 12, 2025 (P.L.244, No.47), are
amended to read:
Section 2032-L. Performance-based Funding Council.
* * *
(i) Powers and duties.--The council:
* * *
(4) Shall, no later than May 5, 2025, transmit the
recommendations to the Governor, [the board,] the department
and the General Assembly, including draft legislation to
implement the process to distribute funding.
* * *
Section 2033-L. Public institution of higher education
reporting.
* * *
(e) Data sharing.--
[(1) The department may share data collected under this
section with the board.]
* * *
(3) The following shall apply to confidential data
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shared under this subsection:
* * *
[(ii) The department shall enter into a data use
agreement with the board prior to sharing data under
paragraph (1) and include the same terms in subparagraph
(i).]
* * *
Section 4. The following provisions apply to the abolishment
of the State Board of Higher Education under this act:
(1) All powers and duties transferred to the State Board
of Higher Education under former section 2011-L(d)(1) of the
act revert immediately to the State Board of Education and
the Council of Higher Education, respectively, consistent
with Article XIX-A of the act. This paragraph does not apply
to any application for a withdrawal of sponsorship under
section 1910-A of the act filed with the State Board of
Higher Education prior to the effective date of this
paragraph.
(2) All powers and duties transferred to the State Board
of Higher Education under former section 2011-L(d)(2) of the
act revert immediately to the State Board of Education and
the Council of Higher Education, respectively, consistent
with Article XXVI-B of the act relating to community
colleges.
(3) All files, records, contracts, agreements and other
materials, except for any student-level data collected by the
Department of Education, used by the State Board of Higher
Education in connection with its powers, duties or functions
are transferred to the State Board of Education or the
Council of Higher Education, respectively, consistent with
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paragraphs (1) and (2).
(4) A regulation adopted under Article XIX-A of the act
and continued under former section 2011-L(d)(4) of the act
shall be enforced by the State Board of Education and shall
continue to have the same force and effect until modified or
revised by the State Board of Education. The State Board of
Education may promulgate regulations in order to implement
this paragraph.
Section 5. This act shall take effect immediately.
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