CHAPTER 51. GENERAL PROVISIONS

PRELIMINARY PROVISIONS

Sec.


51.1.    Definitions.
51.2.    Philosophy and objectives.
51.3.    Compliance with school laws.
51.4.    Licenses.
51.5.    Complaint procedure.
51.6.    Financial responsibility.
51.7.    Closure.

HEALTH AND SAFETY


51.11.    Facilities approval.
51.12.    Environmental health and safety.
51.13.    Immunization.
51.14.    Medical examinations.
51.15.    Dental examinations.
51.16.    Lighting.
51.17.    Heating.
51.18.    Cleanliness.
51.19.    First aid kit.
51.20.    Health screening tests in grades K through 12.
51.21.    Nursing services and health records.
51.22.    General safety.

TEACHING AND ADMINISTRATIVE STAFF


51.31.    General requirements.
51.32.    [Reserved].
51.33.    [Reserved].
51.34.    Certification for teachers.
51.35.    [Reserved].
51.36.    Director.
51.37.    [Reserved].
51.41.    [Reserved].
51.42.    [Reserved].

COURSES OF STUDY AND INSTRUCTIONAL EQUIPMENT


51.51.    Program of instruction.
51.52.    Curriculum requirements.
51.53.    Instructional equipment.

STUDENT ATTENDANCE


51.61.    Instructional school day and school year.
51.62.    Admission of students.

RECORDS


51.71.    Financial.
51.72.    Student.

FEES


51.81.    Fees for services.
51.82.    Supplies and clothing.
51.83.    Withdrawal.
51.84.    Application fees.
51.85.    Room and board.

TRANSPORTATION


51.91.    School buses.
51.92.    School bus operators.
51.93.    School vehicles.

ADVERTISING AND PROSPECTUS INFORMATION


51.101.    Claims of approval.
51.102.    College guarantee.
51.103.    College endorsements.
51.104.    Designation as ‘‘college’’ or ‘‘university.’’
51.105.    [Reserved].
51.106.    Catalogs.
51.107.    School name.

OWNERSHIP AND SITUS


51.111.    Owner requirements.
51.112.    Specific situs and ownership.
51.113.    Change in ownership or procedure.
51.114.    Out-of-State owner.
51.121.    [Reserved].
51.122.    [Reserved].
51.123.    [Reserved].
51.124.    [Reserved].
51.125.    [Reserved].

Authority

   The provisions of this Chapter 51 issued under act of June 25, 1947 (P. L. 951, No. 401) (24 P. S. § §  2731—2743) (Repealed), unless otherwise noted.

PRELIMINARY PROVISIONS


§ 51.1. Definitions.

 The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

   Approved institution—A junior college, community college, college or university approved by or recognized by the Department to award degrees.

   Board—The State Board of Private Academic Schools.

   Department—The Department of Education of the Commonwealth.

   Director—A professional appointed by a private academic school and approved by the Board as the educational administrator of the school.

   Pennsylvania teaching certificate—A valid Pennsylvania professional teaching certificate issued under Chapter 49 (relating to certification of professional personnel), or a private academic teaching certificate.

   Private academic school—A school that maintains or conducts classes for the purpose of offering instruction for consideration, profit or tuition, to five or more pupils at one time, or to 25 or more pupils during the school year, the purpose of which is to educate an individual generally or specially or to prepare an individual for more advanced study. The term includes schools engaged in this type of education, except private trade schools, private business schools, private correspondence schools, any other school which is nonacademic in character, a nonpublic nonlicensed school or classes owned or operated by or under the authority of a bona fide religious institution, or a school accredited by an accrediting association approved by the State Board of Education. These schools may include, but are not limited to, the following:

     (i)   Nursery school and kindergarten.

     (ii)   Elementary and secondary schools.

     (iii)   Special education schools.

     (iv)   Tutoring centers.

     (v)   Educational testing and remedial centers.

   Professional staff—Those who work for the school in an administrative, supervisory or teaching capacity, or who provide health or guidance services. The term includes, but is not limited to, administrators, directors, principals, headmasters, headmistresses, supervisors, teachers, psychologists, school counselors and nurses.

   Student—A person enrolled in a school which is regulated by the provisions of this part.

Authority

   The provisions of this §  51.1 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.1 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (47416) to (47417).

Notes of Decisions

   Due Process

   A licensee which was refused a new license was afforded due process where the allegations on which the adjudication was based were clearly set forth in the order to show cause and were accompanied by citations of the applicable statutes and regulations. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).

   An administrative error in failing to serve the licensee’s attorney with a document containing proposed findings of fact and conclusions of law is neither prejudicial nor a denial of due process if the attorney was aware of the contents of the document. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).

   Predisposal

   An agency may make a preliminary review as to whether or not a case exists and may turn the matter over to an attorney and investigative staff, and this procedure does not indicate a predisposal to rule against a licensee. Glenmore Academy v. State Board of Private Academic Schools, 385 A.2d 1049 (Pa. Cmwlth. 1978).

§ 51.2. Philosophy and objectives.

 (a)  The Board, reestablished by the General Assembly in 1988, is charged with regulating and licensing private academic schools covered by the Private Academic Schools Act (24 P. S. § §  6701—6722).

 (b)  The history of education in this country clearly shows the impact on society that nonpublic schools have had and do have because they are independent. The rules and regulations developed by the Board provide a framework within which private academic schools can pursue their own objectives in their own ways, if they meet and maintain specific, high standards in terms of curriculum, instructional equipment, teacher qualification, fiscal responsibility and the safety and well being of students. The Board wants to ensure that there is accountability as to goals and objectives, and independence as to means, and the Board believes that both accountability and independence are essential to the strength of the schools.

 (c)  By law, the Board has a responsibility to regulate. By its own determination, the Board also has committed itself to support and encourage viable alternative choices to public education.

Authority

   The provisions of this §  51.2 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.2 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; amended March 8, 1991, effective March 9, 1991, 21 Pa.B. 943. Immediately preceding text appears at serial page (129723).

§ 51.3. Compliance with school laws.

 Schools regulated by this part shall comply with the following statutory provisions:

   (1)  Sections 771, 922.1-A, 923A, 923.1-A, 923.2-A, 1303, 1327, 1329, 1330, 1332, 1355, 1361, 1401—1407, 1409, 1416—1420, 1511, 1518 and 1605 of the Public School Code of 1949 (24 P. S. § §  7-771, 9-972.1, 9-973, 9-973.1, 9-973.2, 13-1303a, 13-1327, 13-1329, 13-1330, 13-1332, 13-1355, 13-1361, 14-1401—14-1407, 14-1409, 14-1416—14-1420, 15-1511, 15-1518 and 16-1605).

   (2)  The act of May 7, 1937 (P. L. 585, No. 150) (24 P. S. § §  2421—2425).

   (3)  Title 54 of the Pennsylvania Consolidated Statutes § §  301—332 (relating to the Fictitious Names Act).

Authority

   The provisions of this §  51.3 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.3 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30533).

Cross References

   This section cited in 22 Pa. Code §  51.52 (relating to curriculum requirements).

§ 51.4. License.

 (a)  A private academic school shall apply to the Board for a license to operate. Other schools may apply and be granted a license if qualified.

 (b)  The initial application for a license shall be accompanied by a license fee of $250 in the form of a certified check or money order made payable to the ‘‘Commonwealth of Pennsylvania.’’ The fee is considered a processing fee and will not be refunded if the license is denied. A school license shall be issued for a term of 1 year and shall be renewed yearly.

 (c)  The annual license renewal fee is based on the enrollment and category of the license held by the school and shall be payable by check or money order to the ‘‘Commonwealth of Pennsylvania.’’ A school which has a nursery, kindergarten, elementary, secondary or special education license will be charged an enrollment fee and will report student enrollment as of October 1 of the preceding year on the Nonpublic School Enrollment Report provided by the Department. Tutoring centers and educational testing and remedial centers will be charged a category fee. The enrollment and category licensure fees are as follows:

   (1)  Nursery, kindergarten, elementary, secondary or special education schools with enrollments of 30 students or less will pay a base rate of $75. A school with an enrollment of 31 students or more will pay the base rate of $75 and:

     (i)   During the 1991-92 school year $1 for each additional student not to exceed a maximum fee of $300.

     (ii)   During the 1992-93 school year $2 for each additional student not to exceed a maximum fee of $500.

     (iii)   During the 1993-94 school year, and thereafter, $3 for each additional student not to exceed a maximum fee of $750.

   (2)  Tutoring centers will pay a category fee of $100 during the 1991-92 school year; $200 during the 1992-93 school year; and $250 during the 1993-94 school year and thereafter.

   (3)  Educational testing and remedial centers will pay a category fee of $100 during the 1991-92 school year; $200 during the 1992-93 school year; and $300 during the 1993-94 school year and thereafter.

   (4)  When tutoring and educational testing and remedial center licenses are held in combination, a single fee will be assessed at $200 during the 1991-92 school year; $350 during the 1992-93 school year; and $425 during the 1993-94 school year and thereafter.

   (5)  A school that holds a license with one or more of the enrollment classifications of nursery, kindergarten, elementary, secondary or special education, and holds another license under the category classification of tutoring center or educational testing and remedial center will be assessed both an enrollment and category fee.

 (d)  An applicant for licensure shall attach to the application a financial statement as required by §  51.6 (relating to financial responsibility).

 (e)  The Board will make available to schools the appropriate forms and information for applying for a license.

 (f)  When the premises of a school are leased or owned, a copy of the occupying lease or a face copy of the deed shall be attached to the application for a license. The occupying lease agreement may not be for a period of less than 1 year.

 (g)  A license will be granted for the specific ownership and location declared in the application for license. A license granted to a specific ownership is not transferable to a new owner. A change in ownership will require the new owner to file an initial application for a license. The initial application shall be submitted to the Board at least 30 days in advance of the effective date of change in ownership.

 (h)  Given cause, the Board may refuse to renew a license or vote to revoke a license. Before reaching a decision, the Board may initiate administrative hearings or hearings as may be requested by the school concerned. Except in cases judged by the Board to be extreme, the Board will permit a school whose license is under review to continue to operate until the hearing process has been concluded even though this may extend beyond the expiration date of the license. A full administrative due process hearing will be held in accordance with the procedure outlined in 2 Pa.C.S. § §  501—508 and 701—704 (relating to the Administrative Agency Law).

 (i)  A school which operates classes at more than one location shall obtain a license for each location.

 (j)  It is the policy of the Board to require a school licensed for the first time to operate 1 full academic year before it adds subjects, grade levels or fields to the license.

 (k)  A license shall be displayed in a conspicuous place on the premises to which it applies.

Authority

   The provisions of this §  51.4 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.4 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4834; corrected December 27, 1991, effective October 12, 1991, 21 Pa.B. 5934. Immediately preceding text appears at serial pages (161776) to (161778).

Cross References

   This section cited in 22 Pa. Code §  51.113 (relating to change in ownership or procedure).

§ 51.5. Complaint procedure.

 (a)  The Director and owner is responsible for answering questions or concerns regarding the educational program and operation and management of the school.

 (b)  Questions or concerns that are not satisfactorily resolved between the family member and the school may be brought to the attention of the Board. Send correspondence to Secretary, State Board of Private Academic Schools, 333 Market Street, Harrisburg, Pennsylvania 17126-0333, (717) 783-6840.

Authority

   The provisions of this §  51.5 issued under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.5 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687.

§ 51.6. Financial responsibility.

 (a)  A school applying for a license shall include with its application evidence that it has available financial resources or forms of surety adequate to reimburse the unearned tuition whenever the licensed private academic school ceases to operate. Schools shall be exempt from this requirement when prepaid tuition is paid for a period no longer than the 30-day closure notice required in §  51.7 (relating to closure).

 (b)  To satisfy the requirements of subsection (a), a school shall provide evidence of its financial responsibility by submitting to the Board one of the following:

   (1)  Financial report. If the school chooses to satisfy subsection (a) by submitting a financial report, the following apply:

     (i)   An audit conducted by a certified public accountant shall be performed annually on the financial records of the school and reported on forms provided by the Board.

     (ii)   A letter of assurance prepared by and attested to by the certified public accountant shall be submitted to the Board with the audit required by subparagraph (i).

     (iii)   The Board reserves the right to require, on 30 days written notice, an interim financial report.

   (2)  Surety. If the school chooses to satisfy subsection (a) by securing a form of surety, the school shall obtain a surety bond given in the Commonwealth in sufficient amount to meet the requirements in this paragraph. The surety bond shall exist at the following level:

     (i)   For an initial private academic school license, a licensee which requires prepaid tuition shall obtain a surety bond in an amount equal to the number of students times the prepaid tuition rate, with a minimum surety level of $10,000.

     (ii)   For a licensee applying for the renewal of a license, the licensee shall obtain a surety bond in an amount no less than $10,000 plus an additional amount of $10,000 for every $100,000 of prepaid tuition collected during the previous licensure year. A licensee which has collected $100,000 or less in prepaid tuition during the previous licensure year is not required to obtain a surety bond in excess of $10,000. No licensee is required to obtain a surety bond in excess of $100,000.

 (c)  Review and approval. The financial report or level of surety established by a school is subject to the review and approval of the Board. Board approval is a condition precedent to the granting or renewal of a license. Approval of a financial report or surety does not relieve the school, its sureties or accountants of responsibilities and liabilities imposed upon them by law.

 (d)  Alteration by school. A school shall notify and receive approval from the Board prior to making changes in its approved level of surety. The school shall immediately notify the Board if there are changes made in its financial report.

Authority

   The provisions of this §  51.6 issued under the Private Academic Schools Act (24 P. S. § §  6701—6722).

Source

   The provisions of this §  51.6 adopted March 8, 1991, effective March 9, 1991, 21 Pa.B. 943.

Cross References

   This section cited in 22 Pa. Code §  51.4 (relating to license).

§ 51.7. Closure.

 (a)  The intent to close a private academic school shall be conveyed in writing to the Board, parents, school employes and resident school district of students at least 30 days in advance of the last day of planned operation. In addition to the general requirements of § §  51.72 and 57.37 (relating to student; and academic records) a private academic school shall forward the records of currently enrolled students to the receiving schools of the students.

 (b)  The private academic school license shall terminate on the date specified as the last day of operation in the school’s notice to the Department.

 (c)  A school which reopens after official closure shall be subject to the provisions of this chapter relating to licenses. The application shall be considered an application for an original license.

Authority

   The provisions of this §  51.7 issued under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.7 adopted March 8, 1991, effective March 9, 1991, 21 Pa.B. 943.

Cross References

   This section cited in 22 Pa. Code §  51.6 (relating to financial responsibility).

HEALTH AND SAFETY


§ 51.11. Facilities approval.

 (a)  The buildings of schools shall conform to applicable fire and panic requirements of the Commonwealth or its political subdivisions.

 (b)  The buildings of schools located in the cities of Philadelphia, Pittsburgh and Scranton shall be approved from the standpoint of public safety by the Licensing and Inspections Bureaus of the respective cities. The buildings of schools located elsewhere in this Commonwealth shall be approved by the Department of Labor and Industry in accordance with the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § §  1221—1235), known as the Fire and Panic Act. A statement or certificate of the proper approval shall be filed with the Board. The Board will not issue a license until it receives written notifications of approval of facilities from the Department of Labor and Industry or from the cities of Philadelphia, Pittsburgh and Scranton.

Authority

   The provisions of this §  51.11 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.11 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30535).

§ 51.12. Environmental health and safety.

 (a)  Provisions for the health, physical welfare and safety of pupils shall be those prescribed and required by the Department of Environmental Resources, or local governmental authorities having jurisdiction over these matters.

 (b)  The buildings of schools, including grounds, shall be approved by the Department of Environmental Resources or by the county departments of health in the counties of Allegheny, Bucks, Chester, Erie and Philadelphia in accordance with 25 Pa. Code Chapter 171 (relating to schools). A statement of the proper approval shall be filed with the Board. The Board will not issue a license until it receives written notification of the health and safety approval of buildings from the Department of Environmental Resources or from the county department of health in which the school is located.

Authority

   The provisions of this §  51.12 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.12 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30535).

§ 51.13. Immunization.

 (a)  No child in grades K through 12 may be admitted to or permitted to attend a private school unless the child has received immunizations required by 28 Pa. Code Chapter 23 Subchapter C (relating to immunization) or has received from the director a medical or religious exemption from immunization under 28 Pa. Code §  23.84 (relating to exemption from immunization).

 (b)  A child who has not received all doses of the required immunizations or who has not been exempted from immunization, but who has received at least one dose of each of the required immunizations, may be provisionally admitted and attend private school for a period of up to 8 months. Provisional admission or continued attendance shall be conditional upon the parent’s or guardian’s submission to the director of a plan for the pupil’s completion of the required immunization doses. The plan shall be reviewed by the school at least every 60 calendar days. If after 8 months, the child has not received all doses of the required immunizations, the child thereafter may not be further admitted to or be permitted to attend the private school until all doses have been received.

Authority

   The provisions of this §  51.13 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.13 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30535).

§ 51.14.  Medical examinations.

 (a)  Medical examinations shall be required for students upon original entry into school and in grades 6 and 11 as provided by 28 Pa. Code §  23.2 (relating to medical examinations). For purposes of this section, ‘‘original entry into school’’ means entrance into kindergarten if it is part of the school system or into grade 1 if the school does not have a kindergarten.

 (b)  A complete medical examination, including appropriate visual and hearing evaluations, shall be made by a licensed physician at the expense of the parents prior to the entrance of the pupil into school. School medical examinations may be conducted by a school physician or by a family physician and shall be reported on forms supplied by the school.

Authority

   The provisions of this §  51.14 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.14 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30536).

§ 51.15. Dental examinations.

 A dental examination shall be provided for a student upon original entry into school and in grades 3 and 7. The school dental examination may be conducted by a school dentist or by a family dentist on forms supplied by the school.

Authority

   The provisions of this §  51.15 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.15 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30536).

§ 51.16. Lighting.

 Artificial lighting facilities shall be adequate and safe and shall provide the minimum footcandles required by the governmental authorities having jurisdiction over such matters.

Source

   The provisions of this §  51.16 adopted June 11, 1968, effective June 26, 1969.

§ 51.17. Heating.

 (a)  Heating facilities shall be sufficient to provide for the maintenance of normal room temperature in rooms occupied by pupils, exclusive of gymnasiums and rooms used for sleeping purposes, when the outside temperature is less than normal room temperature.

 (b)  When mechanical ventilating facilities are not used, windows shall be used and equipped for ventilating purposes.

Source

   The provisions of this §  51.17 adopted June 11, 1968, effective June 26, 1969.

§ 51.18. Cleanliness.

 Cleanliness and orderliness in the indoor and outdoor areas of schools shall be maintained.

Source

   The provisions of this §  51.18 adopted June 11, 1968, effective June 26, 1969.

§ 51.19. First aid kit.

 Schools which enroll students of preschool and compulsory school age shall provide and maintain an approved first aid kit for emergency treatments, which shall be readily available and in the charge of at least one staff member competent to administer first aid.

Source

   The provisions of this §  51.19 adopted June 11, 1968, effective June 26, 1969.

§ 51.20. Health screening tests in grades K through 12.

 (a)  Vision screening tests shall be conducted annually for students by a nurse or medical technician.

 (b)  Hearing screening tests shall be conducted annually for students in kindergarten, special ungraded classes and in grades 1, 2, 3, 7 and 11.

 (c)  Height and weight measurements shall be conducted annually for students by a nurse or teacher.

 (d)  A test for tuberculosis shall be required of students upon original entry into school and in grade 9.

 (e)  Scoliosis screening tests shall be administered to students in grades 6 and 7 and to age-appropriate students in ungraded classes.

Authority

   The provisions of this §  51.20 issued under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.20 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687.

§ 51.21. Nursing services and health records.

 (a)  School nursing services shall be provided for students in grades K through 12. The services may be provided through the public school system in which the private school is located or by a certified school nurse employed by the private school.

 (b)  Health records shall be maintained for students in grades K through 12. The records shall be kept in the school building where the students attend school and shall be made available to the school nurse at all times. The original health records shall follow a student when transferring to another school.

Authority

   The provisions of this §  51.21 issued under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.21 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687.

§ 51.22. General safety.

 (a)  A school shall provide evidence of fire and liability insurance for premises and occupants.

 (b)  A school shall have at least two adults present at the school while students are in attendance.

 (c)  School playgrounds adjacent to a public highway, waterway, ditch or other unsafe surroundings shall be fenced or have natural barriers to restrict children from these areas.

 (d)  A school shall have a listed telephone number.

 (e)  A school shall have a written plan for emergency evacuations and shall conduct monthly fire drills.

 (f)  A school shall make specific and adequate provisions for protecting the health of the students and for safeguarding their physical welfare.

Authority

   The provisions of this §  51.22 issued under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.22 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687.

TEACHING AND ADMINISTRATIVE STAFF


§ 51.31. General requirements.

 (a)  A member of the professional staff shall be a person of good moral character, be at least 18 years of age and be qualified for the responsibilities the person assumes in the operation of the school. A member of the staff shall, when applying for employment, be examined by a physician including a test for tuberculosis and shall present a health certificate from a physician stating that the person has no physical or mental conditions that make it impossible to successfully perform duties within the school. The health certificate shall be on file in the school.

 (b)  If not a citizen of the United States, the applicant shall present proof that he holds a United States Immigration Service visa or an alien registration which authorizes the alien to reside and seek employment within the United States.

 (c)  An employe hired after January 1, 1986 shall first present the appropriate background information—criminal history record—to the school, as required by the section 111 of the Public School Code of 1949 (24 P. S. §  1-111).

Authority

   The provisions of this §  51.31 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.31 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (111801).

Cross References

   This section cited in 22 Pa. Code §  53.21 (relating to teachers); 22 Pa. Code §  55.11 (relating to teachers); 22 Pa. Code §  57.11 (relating to teachers); 22 Pa. Code §  59.11 (relating to teachers); and 22 Pa. Code §  61.21 (relating to teachers).

§ 51.32. [Reserved].


Source

   The provisions of this §  51.32 adopted June 11, 1968, effective June 26, 1969; reserved October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial pages (3122) and (3123).

§ 51.33. [Reserved].


Source

   The provisions of this §  51.33 adopted June 11, 1968, effective June 26, 1969; reserved October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial page (3123).

§ 51.34. Certification for teachers.

 (a)  Only teachers holding a valid Pennsylvania professional certificate issued under Chapter 49 (relating to certification of professional personnel), a private academic teaching certificate or a private academic temporary approval certificate may teach in a licensed private school.

 (b)  Certification requirements are based on the need to fill positions with qualified people, as demonstrated by the community of private academic schools, and are subject to continuous review and change. Members of the teaching staff shall be certificated or approved by the Board for specific teaching responsibilities. Approvals to teach in lieu of a teacher’s certificate will be granted only under special circumstances on a temporary basis.

 (c)  A teacher holding a valid Pennsylvania professional certificate is qualified to teach in a private academic school those grades or subjects identified on the certificate. Conversion of an Instructional I certificate to an Instructional II certificate is not required for the continuation of employment in a private academic school.

 (d)  A person who has a baccalaureate degree may apply for a private academic teaching certificate by:

   (1)  Submitting the Department’s application form along with the required fee.

   (2)  Submitting an official set of transcripts from the college/university where degrees were obtained.

   (3)  Submitting a health certificate.

   (4)  Submitting, if applicable, documentary evidence of past teaching experience.

   (5)  Meeting specific regulations in force at the time of issuance.

 (e)  The Board may issue a temporary approval certificate valid for 1 year to an applicant who has been denied a private academic teaching certificate. The applicant shall be a graduate of an approved degree granting institution and shall appeal in writing to the Board. The Board may establish conditions for the issuance of the certificate. The certificate may be reissued if the original conditions, as stated by the Board, have been met by the applicant.

 (f)  Private academic teaching certificates and temporary approval certificates allow the holder to teach only in private academic schools in this Commonwealth. Private academic teaching certificates are subject to the terms and conditions under which they were issued and shall continue in force until they expire by virtue of their own limitations.

Authority

   The provisions of this §  51.34 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.34 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; amended March 8, 1991, effective March 9, 1991, 21 Pa.B. 943. Immediately preceding text appears at serial pages (129732) to (129733).

Cross References

   This section cited in 22 Pa. Code §  53.21 (relating to teachers); 22 Pa. Code §  55.11 (relating to teachers); 22 Pa. Code §  55.12 (relating to directors); 22 Pa. Code §  57.11 (relating to teachers); 22 Pa. Code §  57.12 (relating to directors); 22 Pa. Code §  59.12 (relating to directors); and 22 Pa. Code §  61.21 (relating to teachers).

§ 51.35. [Reserved].


Source

   The provisions of this §  51.35 adopted June 11, 1968, effective June 26, 1969; reserved August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (111802) and (30539).

§ 51.36. Director.

 (a)  A school shall designate a director and shall apply to the Board for approval of the person so designated.

 (b)  A director shall submit:

   (1)  An application form and a $35 nonrefundable processing fee.

   (2)  Three letters of reference from previous employers, stating previous experience in educational administration, supervisory, teaching and other educational activities, indicating the location and length of service for each.

   (3)  A full and clear description of the role and responsibilities of the director.

   (4)  A Pennsylvania teaching certificate in a subject or grade level for which the school is licensed.

 (c)  The director will not receive a certificate but will be approved by action of the Board through issuance of a letter of approval. The letter of approval will apply only to the specific school and job requirement stated at the time of application.

 (d)  A director may be approved for no more than two schools licensed under the same ownership.

Authority

   The provisions of this §  51.36 amended under the Private Academic Schools Act (24 P. S. § §  6701—6722).

Source

   The provisions of this §  51.36 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4834. Immediately preceding text appears at serial pages (156541) to (156542).

Cross References

   This section cited in 22 Pa. Code §  53.24 (relating to directors); 22 Pa. Code §  55.12 (relating to directors); 22 Pa. Code §  57.12 (relating to directors); 22 Pa. Code §  59.12 (relating to directors); 22 Pa. Code §  61.22 (relating to directors); and 22 Pa. Code §  63.13 (relating to directors).

§ 51.37.  [Reserved].


Source

   The provisions of this §  51.37 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30540).

§ 51.41. [Reserved].


Source

   The provisions of this §  51.41 adopted June 11, 1968, effective June 26, 1969; reserved August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30540).

§ 51.42. [Reserved].


Source

   The provisions of this §  51.42 adopted June 11, 1968, effective June 26, 1969; reserved August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30540).

COURSES OF STUDY AND INSTRUCTIONAL EQUIPMENT


§ 51.51. Program of instruction.

 Educational programs shall include the curricula, courses of study, subject matter, experience and activities which are necessary to meet the educational objectives of the school and which are consistent with the educational philosophy of the school.

Source

   The provisions of this §  51.51 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial page (3125).

§ 51.52. Curriculum requirements.

 (a)  Each school shall observe and comply with all curriculum requirements contained in the public school laws specified in §  51.3 (relating to compliance with school laws), and Chapter 5 (Reserved).

 (b)  Written planned course outlines shall be on file for subjects taught. Planned course outlines shall describe the following:

   (1)  Goals and student learning objectives.

   (2)  General content, methods and materials used to accomplish goals and objectives.

   (3)  Strategies for evaluation of pupil progress.

   (4)  Expected levels of student achievement.

Authority

   The provisions of this §  51.52 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.52 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30541).

Cross References

   This section cited in 22 Pa. Code §  55.31 (relating to curriculum); and 22 Pa. Code §  57.31 (relating to graduation requirements).

§ 51.53. Instructional equipment.

 (a)  The amount and type of school furniture, instructional equipment and instructional materials shall be governed by the following:

   (1)  The philosophy and scope of the educational program of the school.

   (2)  The age level and grade level of the students.

   (3)  The number of students enrolled.

   (4)  The objectives of the educational program of the school.

 (b)  The furniture and equipment shall conform to the standards set forth in Chapter 21 (relating to school buildings), but it may not be required to exceed or vary from that which is approved for use in public schools of like character and scope.

Authority

   The provisions of this §  51.53 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.53 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30541) to (30542).

STUDENT ATTENDANCE


§ 51.61. Instructional school day and school year.

 (a)  The minimum length of an instructional school day for certain grade levels shall be as follows:

   (1)  Nursery schools—2 hours.

   (2)  Kindergarten—2 1/2 hours.

   (3)  Grades one through eight—5 hours.

   (4)  Grades 9 through 12—5 1/2 hours.

 (b)  In grades K through 12, schools shall be in session a minimum of 180 days of instruction or the equivalent clock hour requirement, with prior approval of the Board. Upon request, the Board may, when a meritorious educational program warrants, approve a school year containing a minimum of 990 secondary or 900 elementary and 450 kindergarten hours of instruction as the equivalent of 180 school days.

 (c)  Instruction time for pupils shall be the time during the school day which is devoted to instruction and activities provided as an integral part of the school program under the direction of certified school employes. A school shall identify the required starting and ending time of a school day for students and certified staff.

 (d)  [Reserved].

Authority

   The provisions of this §  51.61 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.61 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30542) to (30543).

Cross References

   This section cited in 22 Pa. Code §  61.1 (relating to scope); and 22 Pa. Code §  63.1 (relating to scope).

§ 51.62. Admission of students.

 (a)  A school shall establish the minimum entry age for nursery school which may not be less than a chronological age of 2 years 7 months before the first day of the school term.

 (b)  A school shall establish the minimum entry age for kindergarten which may not be less than a chronological age of 4 years 7 months before the first day of the school term.

 (c)  A school shall establish the minimum entry age for beginners—grade 1—which may not be less than a chronological age of 5 years 7 months nor more than 6 years no months before the first day of the school term. A school shall permit a child of beginner’s age to attend the school’s first grade and may not require the child to attend a kindergarten, pre-first grade, transitional class or other grade or class that is not regular first grade without parental consent.

 (d)  A school may, upon parental request, when recommended by a certified school psychologist and approved by the school director, admit to grade 1 a child with a chronological age of 5 years and a mental age of at least 7 years as of the first day of the school term. A director is not required to admit a child as a beginner whose chronological age is less than the school’s established admission age for beginners.

 (e)  A school shall have written policies and procedures for admission of students. The policy shall include criteria for eligibility, procedures for selection, admission and placement and fee/tuition requirements.

Authority

   The provisions of this §  51.62 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.62 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30543).

RECORDS


§ 51.71. Financial.

 (a)  Schools shall establish and maintain complete, accurate and detailed financial records, which shall include data pertaining to assets, liabilities, sources and amount of income, and the character and amount of expenditures.

 (b)  Financial records shall be kept current and available for inspection during regular school hours by one or more representatives of the Board.

 (c)  These records shall be audited annually. The results of the audit shall be on file at the school, be retained for at least 5 years, and be made available to the Board upon request.

Source

   The provisions of this §  51.71 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665. Immediately preceding text appears at serial page (3127).

§ 51.72. Student.

 (a)  Schools shall keep complete, accurate and detailed records of each individual student and of group conditions and activities.

 (b)  Schools teaching any grades K through 12 shall maintain a permanent cumulative record for each student, which shall include the following:

   (1)  The number of hours of instruction received in each subdivision of the curriculum.

   (2)  Attendance.

   (3)  Scholastic achievement.

   (4)  Test scores.

   (5)  Data on personal characteristics, student health and co-curricular activities.

 (c)  Records shall be kept current and available for inspection during regular school hours by representatives of the Board.

 (d)  A school shall have a written plan for the collection, maintenance and dissemination of pupil records based on the Guidelines for the Collection, Maintenance and Dissemination of Pupil Records under §  12.33 (Reserved).

 (e)  The plan for pupil records shall be kept according to current interpretations of the Sunshine Act (65 P. S. § §  271—286) and shall establish policies on pupil records consistent with the minimum requirements of the act as it relates to pupil confidentiality and section 438 of the General Education Provisions Act (20 U.S.C. §  1232g).

Authority

   The provisions of this §  51.72 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.72 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30544) to (30545).

Cross References

   This section cited in 22 Pa. Code §  51.7 (relating to closure); 22 Pa. Code §  57.37 (relating to academic records); and 22 Pa. Code §  59.21 (relating to program of instruction).

FEES


§ 51.81. Fees for services.

 Tuition, dormitory, athletic, boarding and other fees not included in an overall charge to the student shall be specified separately on a bill. The fees shall be reasonably in proportion to the quality and amount of the services for which they are in exchange.

Source

   The provisions of this §  51.81 adopted June 11, 1968, effective June 26, 1969.

§ 51.82. Supplies and clothing.

 Supplies, materials, equipment, uniforms and clothing shall become the property of the student on the date of purchase by the student, and extra fees or charges therefore shall be specified separately and apart from other fees or charges.

Source

   The provisions of this §  51.82 adopted June 11, 1968, effective June 26, 1969.

§ 51.83. Withdrawal.

 (a)  A school shall give careful and detailed consideration to cases of withdrawal or dismissal of students and shall have written statements to justify its procedure for the retention or refunding of unearned fees or charges. The written statements shall be provided to parents or guardians before enrolling students.

 (b)  Students who enroll and withdraw within 30 days prior to the beginning of a term/semester—term and semester are equivalent to 1/2 of a school year—shall be entitled to a 75% refund of tuition fees paid for that term/semester.

 (c)  Tuition fees paid in advance shall be refunded in full if a registered student withdraws or is requested to withdraw 30 days or more before the beginning of a term/semester.

 (d)  If a student withdraws or is requested to withdraw during a term/semester, there will be no refund of the tuition paid for that term/semester.

Authority

   The provisions of this §  51.83 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.83 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30545) to (30546).

§ 51.84. Application fees.

 Application fees for admission to a school shall be separately stated, may not exceed $50, and are not refundable. The school may accept up to $100 nonrefundable tuition payment 6 months prior to the beginning of the school term. An additional payment of tuition up to 1 semester or term may be collected from the parents within 2 months prior to the opening date of school.

Authority

   The provisions of this §  51.84 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.84 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30546).

§ 51.85. Room and board.

 (a)  Dormitory and board fees may not be collected in advance for more than 1 term/semester.

 (b)  Dormitory fees are nonrefundable for the term/semester unless the student withdraws at least 2 months prior to the opening of school. If the dormitory is operated by another person or corporation and affiliated with the school, this section applies.

 (c)  Board charges for a student who withdraws during a term/semester shall be refunded on a prorated basis.

Authority

   The provisions of this §  51.85 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.85 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30546).

TRANSPORTATION


§ 51.91. School buses.

 School buses which are used for the purpose of transporting pupils to or from school and which are registered as commercial vehicles shall be inspected and approved by the State Police under 75 Pa.C.S. § §  4551—4553 (relating to vehicles for transportation of school children) and shall comply with Department of Transportation requirements in 67 Pa. Code Chapter 171 (relating to school buses and school vehicles).

Authority

   The provisions of this §  51.92 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.91 adopted June 11, 1968, effective June 26, 1968; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30546).

Cross References

   This section is cited in 22 Pa. Code §  59.41 (relating to school buses/vehicles).

§ 51.92. School bus operators.

 Operators of school buses transporting school children on the highways or roads of this Commonwealth shall be examined and certificated under 75 Pa.C.S. §  1509 (relating to qualifications for class 4 license) and shall comply with the Department of Transportation requirements in 67 Pa. Code Chapter 71 (relating to school bus drivers).

Authority

   The provisions of this §  51.92 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.92 adopted June 11, 1968, effective June 26, 1968; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30546).

Cross References

   This section cited in 22 Pa. Code §  59.41 (relating to school buses/vehicles).

§ 51.93. School vehicles.

 A motor vehicle used for the purpose of transporting children to or from school or in connection with school activities shall do so under 75 Pa.C.S. § §  4551—4553 (relating to vehicles for transportation of school children) and 67 Pa. Code Chapter 171 (relating to school buses and school vehicles).

Authority

   The provisions of this §  51.93 issued under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.93 adopted August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687; corrected September 2, 1988, effective August 20, 1988, 18 Pa.B. 4004.

Cross References

   This section is cited in 22 Pa. Code §  59.41 (relating to school buses/vehicles).

ADVERTISING AND PROSPECTUS INFORMATION


§ 51.101. Claims of approval.

 (a)  Schools shall use only their licensed names in advertising and publicity and shall not claim to be ‘‘supervised,’’ ‘‘recommended,’’ ‘‘endorsed,’’ ‘‘accredited,’’ or ‘‘approved’’ by the Board, Department, or Commonwealth.

 (b)  Licensed schools may advertise that they are ‘‘licensed’’ by the Board.

 (c)  [Reserved].

Authority

   The provisions of this §  51.101 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.101 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30547).

§ 51.102. College guarantee.

 A school may not guarantee the placement of graduates into institutions of higher education or for more advanced study, or for the advancement of pupils into higher grades or levels of instruction.

Authority

   The provisions of this §  51.102 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.102 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30547).

§ 51.103. College endorsements.

 (a)  A school may not claim or imply that it is endorsed by colleges, universities or other institutions of higher education unless written evidence of that fact is filed with the Board by the endorsing college, university or other institution, which shall have a charter to grant degrees from the State Board of Education or which has been endorsed by an institution of higher education by its regional accrediting agency.

 (b)  The matriculation of a student from a school in a college or university does not of itself constitute an endorsement by the college or university for purposes of this section.

Authority

   The provisions of this §  51.103 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.103 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30547).

§ 51.104. Designation as ‘‘college’’ or ‘‘university.’’

 A school may not apply to itself either as part of its name or in an- other manner the designation of ‘‘college’’ or ‘‘university’’ in a way that gives the impression that it is an educational institution conforming to the standards and qualifications prescribed for colleges and universities by the State Board of Education, unless it in fact meets those standards and qualifications.

Source

   The provisions of this §  51.104 adopted June 11, 1968, effective June 26, 1969.

§ 51.105.  [Reserved].


Source

   The provisions of this §  51.105 adopted June 11, 1968, effective June 26, 1969; reserved August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30548).

§ 51.106. Catalogs.

 (a)  Printed catalogs, bulletins, pamphlets or a form of prospectus information shall be specific and accurate with respect to the following:

   (1)  Prerequisite educational training or experience requirements.

   (2)  School curricula, grades and age requirement.

   (3)  Graduation requirements.

   (4)  Tuition, boarding and other fees or charges.

   (5)  Fee retention/refund policy.

   (6)  Extra curricular activities.

   (7)  Immunization requirements.

   (8)  General operating policies.

   (9)  Procedures for parent/guardian/student complaints.

     (i)   Questions or concerns that are not satisfactorily resolved between the parent/guardian and the school may be brought to the attention of the State Board of Private Academic Schools.

     (ii)   Send correspondence to the Secretary of the State Board of Private Academic Schools, 333 Market Street, Harrisburg, Pennsylvania 17126-0333, (717) 783-6840.

 (b)  Copies of all forms of prospectus information shall be filed by the school and be available to the Board upon request.

Authority

   The provisions of this §  51.106 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.106 adopted June 11, 1968, effective June 26, 1969; amended October 22, 1976, effective October 23, 1976, 6 Pa.B. 2665; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30548).

§ 51.107. School name.

 Under 54 Pa.C.S. § §  301—332 (relating to the Fictitious Names Act), it is unlawful for a school to operate or advertise under a corporate or fictitious name, unless the name is registered by filing an application with the Department of State. The registered school name shall also be filed with the Board.

Authority

   The provisions of this §  51.107 amended under Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.107 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30548).

OWNERSHIP AND SITUS


§ 51.111. Owner requirements.

 An individual proprietor of a school, each member of a partnership, association or company that owns a school and each officer and director of a corporation which owns a school, who is directly connected with the conduct and operation of the educational program shall:

   (1)  Be a person of good moral character.

   (2)  Be a citizen of the United States.

   (3)  Be at least 21 years of age.

   (4)  Not be addicted to the use of morphine, cocaine or another addictive drug.

   (5)  Be mentally competent.

   (6)  File with the Board three letters of reference, which shall remark frankly on the person’s:

     (i)   Integrity.

     (ii)   Financial responsibility.

     (iii)   Previous experience in the administration or operation of an educational program.

Authority

   The provisions of this §  51.111 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.111 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial pages (30548) to (30549).

§ 51.112. Specific situs and ownership.

 A license shall be granted to the owner of a particular school for the specific ownership constituency and for the specific school situs designated and declared in the application for a license. A change in ownership or school situs shall be approved by the Board prior to the date of the change.

Authority

   The provisions of this §  51.112 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.112 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30549).

§ 51.113. Change in ownership or procedure.

 A change in ownership requires an application for an initial license as provided in §  51.4 (relating to licenses). The application shall be submitted to the Board at least 30 days in advance of the effective date of the change, and the school may not be operated or conducted under the new or different individual proprietorship, partnership, association or corporation until the initial license is granted and issued to the new or different ownership constituency.

Authority

   The provisions of this §  51.114 amended under the Private Academic Schools Act (24 P. S. § §  6701—6721).

Source

   The provisions of this §  51.113 adopted June 11, 1968, effective June 26, 1969; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3687. Immediately preceding text appears at serial page (30549).

§ 51.114. Out-of-State owner.

 When the ownership of a school is vested outside of this Commonwealth, the owner shall certify to the Board the name and address of a representative in this Commonwealth who is authorized to accept service of notice sent by the Board or a legal action instituted by a student.

Source

   The provisions of this §  51.114 adopted June 11, 1968, effective June 26, 1969.

§ § 51.121—51.125. [Reserved].


Source

   The provisions of these § §  51.121—51.125 adopted June 11, 1968, effective June 26, 1969; reserved March 8, 1991, effective March 9, 1991, 21 Pa.B. 943. Immediately preceding text appears at serial pages (129746) to (129747).



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