HB 2250 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in grounds and buildings, further providing for referendum or public hearing required prior to construction or lease.

PRINTER'S NO.   2943

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2250
                                               Session of
                                                 2026

     INTRODUCED BY BRENNAN, RIVERA, HARKINS, SANCHEZ, HILL-EVANS,
        CIRESI, CEPEDA-FREYTIZ, MADDEN AND BOROWSKI,
        FEBRUARY 25, 2026

     REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 26, 2026


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in grounds and buildings, further
 6      providing for referendum or public hearing required prior to
 7      construction or lease.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 701.1 of the act of March 10, 1949
11   (P.L.30, No.14), known as the Public School Code of 1949, is
12   amended to read:
13      Section 701.1.    Referendum or Public Hearing Required Prior
14   to Construction or Lease.--(a)   Except where the approval of the
15   electors is obtained to incur indebtedness to finance the
16   construction of a school project, the board of school directors
17   of any school district of the second, third or fourth classes,
18   shall not construct, enter into a contract to construct or enter
19   into a contract to lease a new school building or substantial
20   addition to an existing school building without the consent of
 1   the electors obtained by referendum or without holding a public
 2   hearing as hereinafter provided. In the event that a new school
 3   building or a substantial addition to an existing building is to
 4   be constructed or leased, the school board shall, by a majority
 5   vote of all its members, authorize a maximum project cost and a
 6   maximum building construction cost to be financed by the
 7   district or amortized by lease rentals to be paid by the
 8   district. Building construction cost shall consist of the cost
 9   of all building construction including general construction
10   costs, plumbing, heating, electrical, ventilating and other
11   structural costs, equipment and fixtures and architectural and
12   engineering fees relating thereto, but not including costs for
13   site acquisition and development, rough grading to receive the
14   building, sewage treatment facilities or equivalent capital
15   contributions, and architectural and engineering fees relating
16   thereto. In all cases, a public hearing shall be held not later
17   than thirty (30) days before the school district submits the
18   initial building construction cost estimates to the Department
19   of Education for approval. Notice of the hearing shall be given
20   not later than twenty (20) days before the date of the scheduled
21   hearing. In the event that the maximum building construction
22   cost authorization exceeds the aggregate building expenditure
23   standard hereinafter specified, the aforesaid authorization of
24   the school board shall be submitted to the electors of the
25   school district for their approval within six (6) months prior
26   to submission of the final building construction cost bids to
27   the Department of Education for approval. Such referendum shall
28   be held in the same manner as provided by law for the approval
29   of the incurring of indebtedness by referendum. The question as
30   submitted shall specify the maximum project cost, the maximum

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 1   building construction cost and the annual sinking fund charge or
 2   lease rental to be incurred by the school district and the
 3   portion of such charge or rental expected to be reimbursed by
 4   the Commonwealth. If the final building construction cost bids
 5   to be submitted to the Department of Education for approval are
 6   less than the aggregate building expenditure standard hereafter
 7   specified but exceed by eight (8) per cent or more the initial
 8   building construction cost estimates submitted to the Department
 9   for approval, a second public hearing shall be held before the
10   Department shall give its final approval.
11      (b)   The applicable aggregate building expenditure standard
12   shall be a total amount calculated for each building or
13   substantial addition, including the addition of administrative
14   space as a secondary building, by multiplying the rated pupil
15   capacity under the approved room schedule by the following: two
16   thousand eight hundred dollars ($2,800) for each pupil of rated
17   elementary capacity; four thousand two hundred dollars ($4,200)
18   for each pupil of rated secondary capacity in grades seven,
19   eight and nine and five thousand two hundred dollars ($5,200)
20   for each pupil of rated secondary capacity in grades ten, eleven
21   and twelve and five thousand two hundred dollars ($5,200) for
22   each pupil of rated career and technical capacity in grades ten,
23   eleven and twelve to not include the cost of equipment and
24   fixtures in such career and technical schools: Provided,
25   however, That each of the preceding per pupil amounts shall be
26   adjusted by the Department of Education on July 1, 1974; and
27   annually thereafter through July 1, 2003, by multiplying said
28   amounts by the ratio of the composite construction cost index
29   compiled and published by the United States Department of
30   Commerce for the preceding calendar year to such index for the

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 1   next preceding calendar year; and Further Provided, however,
 2   That each of the preceding per pupil amounts shall be adjusted
 3   by the Department of Education on July 1, 2004; and annually
 4   thereafter by multiplying said amounts by the ratio of the
 5   Building Cost Index published by the McGraw-Hill Companies for
 6   the preceding calendar year to such index for the next preceding
 7   calendar year. Rated elementary pupil capacity or rated
 8   secondary pupil capacity for any school building shall be the
 9   rated pupil capacity determined on the basis of the method used
10   by the Department for school building reimbursement purposes
11   during the school year 1971-1972.
12      (c)   For purposes of this section:
13      (1)   "Site acquisition" includes the cost of land and mineral
14   rights, demolition and clearing, rights-of-way and related
15   utility relocations, surveys and soils analysis, and the cost of
16   all fees relating thereto.
17      (2)   "Site development" includes excavation, grouting or
18   shoring, special foundations for buildings, access roads to
19   site, utilities on site, extension of utilities to site.
20      (3)   "Equipment and fixtures" means property fixed or movable
21   which is incidental and necessary to conduct the educational
22   program, and includes, but is not limited to movable equipment
23   such as desks, chairs, tables, portable physical education
24   equipment, audio-visual equipment and science, homemaking,
25   industrial art and business equipment and instructional
26   materials and fixtures such as casework, laboratory equipment,
27   kitchen equipment, auditorium seating and any other special
28   fixtures or equipment required to conduct a particular
29   educational program.
30      (4)   "Substantial addition" means more than twenty (20) per

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1   centum of the area and replacement value of the structure to
2   which the improvement is to be added.
3      Section 2.   This act shall take effect in 60 days.




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