HB 1197 — An Act amending the act of January 28, 1988 (P.L.24, No.11), known as the Private Academic Schools Act, further providing for definitions, for State Board of Private Academic Schools, for powers and duties of board, for application for license, for issuance and renewal of license, for directory of private academic schools, for requirements for licensure and operation, for enforcement, refusal, suspension or revocation of license and for promulgation of rules and regulations.

PRINTER'S NO.   1346

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1197
                                               Session of
                                                 2025

     INTRODUCED BY ZIMMERMAN, BERNSTINE AND ANDERSON, APRIL 15, 2025

     REFERRED TO COMMITTEE ON EDUCATION, APRIL 15, 2025


                                    AN ACT
 1   Amending the act of January 28, 1988 (P.L.24, No.11), entitled
 2      "An act defining and providing for the licensing and
 3      regulation of private academic schools; reestablishing the
 4      State Board of Private Academic Schools; imposing penalties;
 5      and making repeals," further providing for definitions, for
 6      State Board of Private Academic Schools, for powers and
 7      duties of board, for application for license, for issuance
 8      and renewal of license, for directory of private academic
 9      schools, for requirements for licensure and operation, for
10      enforcement, refusal, suspension or revocation of license and
11      for promulgation of rules and regulations.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Sections 2, 3(c) and (g), 4(b) and (c), 7(a) and
15   (b), 8(a) and (b), 11, 12(a), 13(b)(4) and 14 of the act of
16   January 28, 1988 (P.L.24, No.11), known as the Private Academic
17   Schools Act, are amended to read:
18   Section 2.    Definitions.
19      The following words and phrases when used in this act shall
20   have the meanings given to them in this section unless the
21   context clearly indicates otherwise:
22      "Annual."    Twelve months from the date of initial licensure.
23      "Board."    The State Board of Private Academic Schools.
 1      "Department."   The Department of Education of the
 2   Commonwealth.
 3      "Office."    The Office of Elementary and Secondary Education
 4   within the Department of Education of the Commonwealth.
 5      "Online school."   A school with at least one office located
 6   in this Commonwealth which uses technology in order to provide a
 7   significant portion of its curriculum and to deliver a
 8   significant portion of instruction to its students through the
 9   Internet or other electronic means and which shall not include a
10   cyber charter school as provided under Article XVII-A of the act
11   of March 10, 1949 (P.L.30, No.14), known as the Public School
12   Code of 1949.
13      "Premises."   Any grounds or facilities utilized by a school
14   for the purposes of providing instruction or in the case of an
15   online school any office space or facilities from which
16   instruction will be transmitted or from which administrative
17   support is offered.
18      "Private academic school" or "school."   A school maintained,
19   or classes conducted, for the purpose of offering instruction
20   for a consideration, profit or tuition to five or more pupils at
21   one and the same time, or to 25 or more pupils during any school
22   year, the purpose of which is to educate an individual generally
23   or specially or to prepare an individual for more advanced
24   study, and shall include all schools engaged in such education,
25   including online schools, except private trade schools, private
26   business schools, private correspondence schools, private music
27   schools, private dance schools, private art schools, private
28   dramatic art schools, private schools of charm or poise, private
29   driver training schools or any type of private school which is
30   nonacademic in character.

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 1      "Secretary."   The Secretary of Education of the Commonwealth.
 2   Section 3.   State Board of Private Academic Schools.
 3      * * *
 4      (c)   Administrative support.--Administrative support for the
 5   board shall be provided by the [department] office in accordance
 6   with section 214 of the act of April 9, 1929 (P.L.177, No.175),
 7   known as The Administrative Code of 1929. The [department]
 8   office shall periodically consult with the board regarding its
 9   administrative needs.
10      * * *
11      (g)   Documents.--Certificates of licensure and other official
12   documents approved by the board shall be issued by the
13   [department] office.
14   Section 4.   Powers and duties of board.
15      * * *
16      (b)   Disposition of student records.--The board shall require
17   every applicant for initial licensure to provide a written
18   statement describing arrangements for disposition of student
19   records in the event of closure. It shall be the duty of the
20   board and the [department] office to assist in the execution of
21   the arrangements when necessary.
22      (c)   Enforcement by [department] office.--The regulations
23   promulgated by the board shall be enforced by the [department]
24   office. The [department] office may submit to individual experts
25   for review, programs and courses and financial statements
26   proposed or offered by a school.
27   Section 7.   Application for license.
28      (a)   General rule.--Before any license is issued to a private
29   academic school, a verified application shall be made, in
30   writing, to the board on a form prepared and furnished by the

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 1   [department] office.
 2      (b)   Application contents.--The application shall require a
 3   statement showing:
 4            (1)   The title or name and address of the school or, in
 5      the case of an online school, the school offices, grades and
 6      classes, together with the name of the owners and controlling
 7      officers.
 8            (2)   The specific fields of instruction which will be
 9      offered and the purposes of such instruction.
10            (3)   [The] Any place where instruction will be given[.]
11      or, in the case of an online school, from which instruction
12      will be transmitted or from which administrative support is
13      offered.
14            (4)   A specific listing of the equipment and
15      instructional materials available for instruction in the
16      school.
17            (5)   The maximum enrollment to be accommodated at the
18      school.
19            (6)   The qualifications of teachers, professional staff
20      and director.
21            (7)   Financial resources available to equip and maintain
22      the school.
23            (8)   An agreement to abide by reasonable service and
24      business ethics prescribed by the board.
25            (9)   Any additional information the board may deem
26      necessary to enable it to determine the adequacy of the
27      program of instruction and related matters.
28   An application must be completed for board consideration.
29      * * *
30   Section 8.     Issuance and renewal of license.

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 1      (a)    General rule.--The [department] office shall issue an
 2   original license to the applicant if the board finds that the
 3   application and the school for which a license is sought comply
 4   with the provisions of this act and with the rules and
 5   regulations promulgated under this act.
 6      (b)    Duration and renewal.--Each original school license
 7   issued shall be effective from the date of issue until the same
 8   date of the month of original issue the following year and shall
 9   be renewed annually thereafter on a form prepared and furnished
10   by the [department] office.
11      * * *
12   Section 11.    Directory of private academic schools.
13      The [department] office shall maintain a list of private
14   academic schools which shall be available to the public.
15   Section 12.    Requirements for licensure and operation.
16      (a)    Inspection.--No private academic school may be granted a
17   license or permitted to continue to operate under a granted
18   license unless it permits the board and its representatives to
19   inspect the school or classes or, in the case of an online
20   school, any office space or facility from which instruction will
21   be transmitted or from which administrative support is offered
22   and makes available to the board, at any time when requested to
23   do so, full information pertaining to the operation of the
24   school.
25      * * *
26   Section 13.    Enforcement, refusal, suspension or revocation of
27                 license.
28      * * *
29      (b)    Refusal to issue, suspension of and revocation of
30   license.--The board shall have the power to refuse to issue,

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 1   suspend or revoke a license if it finds that:
 2            * * *
 3            (4)   The applicant or licensee has failed or refused to
 4      permit the board or its representatives to inspect the school
 5      or classes or, in the case of an online school, any office
 6      space or facility from which instruction will be transmitted
 7      or from which administrative support is offered or has failed
 8      or refused to make available to the board, at any time when
 9      requested to do so, full information pertaining to any or all
10      items of information contained in an application for license
11      or pertaining to the operation of the private academic
12      school.
13            * * *
14   Section 14.      Promulgation of rules and regulations.
15      (a)   Rules and regulations generally.--The board shall
16   promulgate rules and regulations necessary to carry out the
17   purposes of this act. The rules and regulations of the State
18   Board of Private Academic Schools in force on the effective date
19   of this act, and not countermanded by this act, shall remain in
20   effect until repealed or amended by the board, but not for a
21   period of more than one year.
22      (b)   Online schools.--
23            (1)   The board shall promulgate rules and regulations and
24      establish policies, principles and standards necessary to
25      carry out the purposes of this act as they relate to online
26      schools and which:
27                  (i)    Address the unique provision of instruction and
28            services to students by online schools.
29                  (ii)   Provide for any additional requirements or
30            exemptions as may be required to accommodate the ability

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 1        of online schools to provide instruction and student
 2        services.
 3        (2)   The rules, regulations, policies, principles and
 4    standards shall take effect within 18 months of the effective
 5    date of this paragraph.
 6        (3)   Notwithstanding any other provision of this act, the
 7    board may not issue a license to an online school until the
 8    rules and regulations, policies, principles and standards
 9    required by paragraph (1) are in effect.
10    Section 2.    This act shall take effect in 60 days.




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