CHAPTER 34. BRANCH CAMPUSES FOR
STATE-SUPPORTED INSTITUTIONS

GENERAL PROVISIONS

Sec.


34.1.    Identity.
34.2.    Mission.

APPROVAL PROCEDURE


34.11.    Establishment of additional branches or campuses or alteration of degree level.
34.12.    Discontinuance of branches or campuses.
34.12a.    Transfer of branches or campuses from one institution to another.
34.13.    Process.
34.14.    [Reserved].

APPEALS


34.21.    Appeals, hearings and notice.

Authority

   The provisions of this Chapter 34 issued under section 202 and 1317—1320 of The Administrative Code of 1929 (71 P. S. § §  62 and 367—370), unless otherwise noted.

Source

   The provisions of this Chapter 34 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719, unless otherwise noted.

GENERAL PROVISIONS


§ 34.1. Identity.

 (a)  A branch or campus is a unit of an institution of higher education which is distinguished by the following characteristics:

   (1)  An academic degree-granting program or organized parts thereof offered on a continuing basis.

   (2)  A location separately identifiable from the main campus of the parent institution and providing the services normally associated with the campus.

   (3)  Legal authority for governance, administration and general operation derived from the charter or enabling legislation of the parent institution or of the State System of Higher Education.

 (b)  This chapter relates to the establishment of additional branches or campuses, the discontinuance of branches or campuses or the transfer of branches or campuses by the State System of Higher Education, a community college or a State-related or State-aided college or university. This chapter does not apply to the transfer of administrative responsibility for branches or campuses within the State System of Higher Education. This chapter applies if an existing branch or campus undergoes an alteration of degree level previously established or approved by the Secretary or if an off-campus operation not having the characteristics listed in subsection (a) is organized with the intent of developing it into a branch or campus. Off-campus operations, after October 11, 1975, that appear in the judgment of the Secretary to be moving toward the status of a branch or campus as defined in subsection (a) shall be prepared to demonstrate that this is not the case or be subject to this chapter.

 (c)  The term ‘‘off-campus operation’’ means a site located at a place other than the principal address of an institution at which the institution conducts educational courses or organized parts of degree programs. An off-campus operation may also offer, for credit or noncredit, educational courses or programs which do not culminate in a degree.

 (d)  Chief executive officers of institutions or of the State System of Higher Education having or anticipating an operation within a common service area are encouraged to discuss these off-campus endeavors with each other.

Authority

   The provisions of this §  34.1 issued under: sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § §  20-2002-A and 24-2421); amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. §  20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109).

Source

   The provisions of this §  34.1 adopted October 10, 1975, October 11, 1975, 5 Pa.B. 2719; amended July 23, 1982, effective July 24, 1982, 12 Pa.B. 2323; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial pages (108457) to (108458).

Cross References

   This section cited in 22 Pa. Code §  33.102 (relating to definitions).

§ 34.2. Mission.

 The mission of a branch or campus shall be consistent with the approved mission of the parent institution or of the State System of Higher Education.

Authority

   The provisions of this §  34.2 amended under sections 1317 and 1319 of the The Administrative Code of 1929 (71 P. S. § §  367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. §  20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109).

Source

   The provisions of this §  34.2 adopted October 10, 1975, effective October 11, 1975; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108459).

APPROVAL PROCEDURE


§ 34.11. Establishment of additional branches or campuses or alteration of degree level.

 (a)  An institution or the State System of Higher Education desiring approval to establish a branch or campus or to alter its previously established or approved degree level shall submit a formal application to the Department, on forms provided by the Department, by July 1 of the calendar year preceding the academic year for which establishment or alteration is requested.

 (b)  Approval by the Secretary for the establishment of a branch or campus or the alteration of degree level by the State System of Higher Education, a community college or a State-related or State-aided college or university will be based on the satisfaction of the following requirements by the institution or the State System of Higher Education:

   (1)  Preliminary feasibility study.

   (2)  Documentation of needs and resources in support of the proposal and in relation to institutional, regional and Commonwealth needs and resources.

   (3)  Evidence that establishment of the branch or campus or alteration of degree level is consistent with the institutional plan and the Master Plan of the Commonwealth.

   (4)  Indication of the financial impact on the budget of the parent institution or the State System of Higher Education and the Commonwealth.

 (c)  Information with respect to subsection (b) is subject to evaluation and validation by the Department.

Authority

   The provisions of these § §  34.11—34.14 issued under: sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § §  20-2002-A and 24-2421); amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. §  20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109).

Source

   The provisions of this §  34.11 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended July 23, 1982, effective July 24, 1982, 12 Pa.B. 2323; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial pages (108459) and (108460).

§ 34.12. Discontinuance of branches or campuses.

 (a)  An institution or the State System of Higher Education desiring approval to discontinue a branch or campus shall submit a formal application to the Department, on forms provided by the Department, by July 1 of the calendar year preceding the academic year for which discontinuance is requested.

 (b)  Approval by the Secretary for the discontinuance of a branch or campus by the State System of Higher Education, a community college or a State-related or State-aided college or university will be based on the satisfaction of the following requirements by the institution or the State System of Higher Education:

   (1)  Preliminary feasibility study.

   (2)  Documentation of reduced needs or resources in support of the proposal and in relation to institutional, regional and Commonwealth needs and resources.

   (3)  Evidence that discontinuance of the branch or campus is consistent with the institutional plan and the Master Plan of the Commonwealth.

   (4)  Indication of the financial impact on the budget of the parent institution or the State System of Higher Education and the Commonwealth.

 (c)  Information with respect to subsection (b) is subject to evaluation and validation by the Department.

Authority

   The provisions of these § §  34.11—34.14 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109); sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § §  20-2002-A and 24-2421); amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. §  20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109).

Source

   The provisions of this §  34.12 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended July 23, 1982, effective July 24, 1982, 12 Pa.B. 2323; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108460).

§ 34.12a. Transfer of branches or campuses from one institution to another.

 (a)  Institutions or the State System of Higher Education, or both, desiring approval to transfer a branch or campus from one institution to another shall submit a joint formal application to the Department, on forms provided by the Department, by July 1 of the calendar year preceding the academic year for which transfer is requested.

 (b)  Approval by the Secretary for the transfer of a branch or campus by the State System of Higher Education, a community college or a State-related or State-aided college or university to another institution will be based on the satisfaction of the following requirements by the institutions or the State System of Higher Education, or both:

   (1)  Preliminary feasibility study.

   (2)  Documentation of needs and resources in support of the proposal and in relation to institutional, regional and Commonwealth needs and resources.

   (3)  Evidence that transfer of the branch or campus is consistent with the institutional plans and the Master Plan of the Commonwealth.

   (4)  Indication of the financial impact on the budget of the institutions or the State System of Higher Education, or both, and the Commonwealth.

 (c)  Information with respect to subsection (b) is subject to evaluation and validation by the Department.

Authority

   The provisions of this §  34.12a issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109); and section 2002-A of the Public School Code of 1949 (24 P. S. §  20-2002-A).

Source

   The provisions of this §  34.12a adopted October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038.

§ 34.13. Process.

 The Secretary will act within 6 months after the date the request was made to approve or disapprove the request of an institution or the State System of Higher Education for establishment, change of degree level status, discontinuance or transfer of a branch or campus after consultation with the Board when the requirements of this chapter have been met and evaluated. If the Secretary does not act within the 6-month period to approve or disapprove the request of an institution or of the State System of Higher Education for establishment, change of degree level status, discontinuance or transfer of a branch or campus, the request shall be deemed approved.

Authority

   The provisions of this §  34.13 issued under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § §  20-2002-A and 24-2421); amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109); and section 2002-A of the Public School Code of 1949 (24 P. S. §  20-2002-A).

Source

   The provisions of this §  34.13 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108460).

§ 34.14. [Reserved].


Source

   The provisions of this §  34.14 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended May 23, 1986, effective May 24, 1986, 16 Pa.B. 1808; reserved October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108460).

APPEALS


§ 34.21. Appeals, hearings and notice.

 An educational institution or the State System of Higher Education denied final approval may request the Secretary to provide administrative hearings and notice under the appeal procedures of 2 Pa.C.S. § §  101—103, 501—508 and 701—704 (relating to Administrative Agency Law).

Authority

   The provisions of this §  34.21 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); section 2002-A of the Public School Code of 1949 (24 P. S. §  20-2002-A); and sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109).

Source

   The provisions of this §  34.21 adopted October 10, 1975, effective October 11, 1975, 5 Pa.B. 2719; amended October 9, 1987, effective October 10, 1987, 17 Pa.B. 4038. Immediately preceding text appears at serial page (108461).



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