Pennsylvania Administrative Code

FORMS § 63.101. Official forms. The following official forms have been promulgated under this chapter and appear in Appendix A: Form DSCB:15-4124/6124 (Application for Certificate of Authority-Foreign Corporation). Form DSCB:15-4126/6126 (Application for an Amended Certificate of…

§ 71.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Certificate of organization—The certificate required under 15 Pa. Code § 8821 (relating to formation of limited liability compa…

§ 71.2. Restricted professional companies. If a limited liability company is a restricted professional company, its certificate of organization or foreign registration statement must contain a statement to that effect, including a brief description of the restricted professional …

FORMS § 73.101. Official forms. The following official forms have been promulgated under this chapter and appear in Appendix A: Form DSCB: 15-8103A (Statement of ElectionOptional Procedure for Continuation of Business-Domestic Limited Partnership). Form DSCB:15-8103B (Statement o…

FORMS § 75.101. Official forms. The following official forms have been promulgated under this chapter and appear in Appendix A: Form DSCB: 15-8701A (Statement of Election-Electing Partnership). Form DSCB: 15-8701B (Statement of Amendment-Electing Partnership). Form DSCB: 15-8701C…

§ 77.1. New professional associations may not be organized. Section 9302 of the code (relating to application of chapter) provides that a professional association may not be organized under Chapter 93 of the code (relating to the Professional Association Act of 1988). The chapter…

§ 77.2. Statement of summary of record. (a) A professional association which desires to effect a transaction with the Department shall submit Form DSCB: 15-1311/5311/9305 (Statement of Summary of Record) with the initial filing or request: (1) The filing of a document in the Depa…

GENERAL § 91.101. General checklist for registering trade or service mark. (a) The following is a checklist for registration of a trade or service mark: (1) Refer to the classification in 54 Pa.C.S. § 1103 (relating to classification) and determine in which class the mark is to b…

FORMS § 91.151. Official forms. The following official forms have been promulgated under this subchapter and appear in Appendix A: Form DSCB:54-1112 (Application for Registration of Mark). Form DSCB:54-1114 (Application for Renewal of Registration of Mark). Form DSCB:54-1115 (Ass…

GENERAL § 91.201. General checklist for registering insignia. (a) The following is a checklist for registration of insignia: (1) An application may be filed by an organization described in and complying with 54 Pa.C.S. § 1301 (relating to definitions). A name, badge, motto, butto…

FORMS § 91.251. Official forms. The following official forms have been promulgated under this subchapter and appear in Appendix A: Form DSCB:54-1311 (Application for Registration of Insignia). Form DSCB:54-1312 (Application for Amendment of Insignia Registration). Form DSCB:54-13…

GENERAL § 91.301. General checklist for registering marks used with articles or supplies. (a) The following is a checklist for registration of a mark used with articles or supplies: (1) A mark is ‘‘used in this Commonwealth’’ when the name, mark or device is produced upon article…

FORMS § 91.351. Official forms. The following official forms have been promulgated under this subchapter and appear in Appendix A: Form DSCB:54-1511 (Application for Registration of Mark Used with Articles or Supplies). Form DSCB:54-1512 (Application for Amendment of Registration…

FORMS § 95.101. Official forms. The following official forms have been promulgated under this chapter and appear in Appendix A: Form DSCB:UCC-1 (Uniform Commercial Code-Financing Statement). Form DSCB:UCC-3 (Uniform Commercial Code-Financing Statement Change). Form DSCB:UCC-11 (U…

§ 1.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Board—The State Board of Education of the Commonwealth. Department—The Department of Education of the Commonwealth. When a provi…

§ 1.2. Function of the Board. The Board will adopt broad policies and principles and establish standards governing the educational programs of the Commonwealth.

§ 1.3. Scope of regulations. (a) This part is binding upon the Department when administering the educational program of the Commonwealth. (b) The Department may issue rules and directives necessary to carry out the regulations of this part. Notes of Decisions Regulation An order …

§ 1.4. Inquiries. Inquiries concerning Board regulations shall be referred to the State Board of Education, 607 South Drive, Harrisburg, Pennsylvania 17120.

§ 1.5. Applicability of general rules before the Board. Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), is applicable to the activities of and proceedings before the Board. Source The pr…

§ 1.6. Applicability of general rules before the Department. Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), is applicable to the activities of and proceedings before the Department. Aut…

GENERAL PROVISIONS § 10.1. Purpose. The purpose of this chapter is to establish and maintain a cooperative relationship between school entities and local police departments in the reporting and resolution of incidents that occur on school property, at a school sponsored activity …

MEMORANDUM OF UNDERSTANDING § 10.11. Memorandum of understanding. (a) Each chief school administrator shall execute and update, on a biennial basis, a memorandum of understanding with each local police department having jurisdiction over school property of the school entity. (b) …

§ 10.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Charter school—A charter school or cyber charter school as defined in section 1703-A of the Charter School Law (24 P. S. § 1…

NOTIFICATION OF INCIDENTS § 10.21. Immediate notification. (a) The chief school administrator, or a designee, shall immediately notify the local police department when an offense listed in section 1303-A(b)(4.1) of the Safe Schools Act (24 P. S. § 13-1303-A(b)(4.1)) occurs on sch…

§ 10.22. Discretionary notification. (a) The chief school administrator, or a designee, may notify the local police department having jurisdiction when an offense listed in section 1303-A(b)(4.2) of the Safe Schools Act (24 P. S. § 13-1303-A(b)(4.2)) occurs on school property, at…

§ 10.23. Response and handling of a student with a disability. (a) A school entity shall provide to each local police department having jurisdiction over property of the school entity a copy of its procedures on behavior support services (see § 14.104 (relating to special educati…

§ 10.24. Emergency and nonemergency response and preparedness. (a) Each school district, in cooperation with the local emergency management agency and the Pennsylvania Emergency Management Agency, shall develop and implement a comprehensive disaster response and emergency prepare…

§ 10.25. Notification to parents/guardians. (a) A school entity shall immediately notify, as soon as practicable, the parent or guardian of a victim or suspect directly involved in an incident listed in section 1303-A(b)(4.1) or (4.2) of the Safe Schools Act (24 P.S. § 13-1303-A(…

PRELIMINARY PROVISIONS § 101.101. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. Act—The act of January 18, 1952 (P. L. (1951) 2128, No. 605) (24 P. S. § § 2831—2931), known as th…

§ 101.102. Laws applicable to private driver training schools. In addition to the act, the following laws apply to private driver training schools: (1) Fictitious Names Act. 54 Pa.C.S. § § 301—322 which states that an entity which either alone or in combination with another entit…

§ 101.103. Correspondence. (a) Inquiries and correspondences shall be directed to Private Driver Training Schools, Department of Education, 333 Market Street, Harrisburg, Pennsylvania 17126-0333. (b) The Department will assist persons in meeting the requirements which underlie sc…

§ 101.104. Records. Every school shall maintain adequate records of students, and shall maintain a permanent cumulative record for 5 years after the student completes driver training. The cumulative record shall include the number of clock hours of instruction received by each st…

§ 101.105. Advertising. Licensed schools may advertise as ‘‘licensed for classroom by the Pennsylvania Department of Education’’ or ‘‘licensed for behind-the-wheel instruction by the Pennsylvania Department of Education.’’

APPLICATION FOR SCHOOL LICENSING § 101.111. Application forms. (a) An application for a license to conduct a school shall be made on forms furnished by the Department. (b) An applicant for a school license shall certify, through completion of the self-authenticating document prov…

§ 101.112. Additional application materials. At the time of application, the following materials shall also be submitted: (1) For each individual proprietor of a school, each member of the partnership, association or company that owns a school, and each officer or director of a c…

§ 101.113. Certification under the Fictitious Names Act. (a) An applicant for a license who is incorporated or subject to 54 Pa.C.S. Chapter 3 (relating to Fictitious Names Act) shall attach to the application a statement or certification from the Department of State verifying th…

§ 101.114. Fees. (a) The amount of all license fees and renewal fees are as follows: (1) School fees: (i) Initial … $500 (ii) Renewal … $300 (2) Instructor fees: (i) Initial … $30 (ii) Renewal … $20 (3) Agent fees: (i) Initial … $5 (ii) Renewal … $5 (4) Vehicle identification reg…

§ 101.115. Changes in applications or school information. (a) If changes occur in the facts set forth in an original application for licensure or an application for relicensure, subsequent or supplemental information shall be filed with the Department, and be approved prior to th…

§ 101.116. Lost or destroyed license. If a license is lost, mutilated or destroyed, the Department will replace the license without charge. To obtain a replacement, the school shall surrender the mutilated license or attest by affidavit that the license was lost or destroyed.

§ 101.117. School license renewal applications. (a) A license renewal shall be made on an application furnished by the Department. (b) An application for license renewal shall be filed with the Department on or before April 30 of each year. Applications filed after this date may …

SCHOOL PLANT § 101.131. School licenses. An applicant for a school license shall certify, through completion of the self-authenticating document issued by the Department, its compliance with section 4(1)(a)(i) and (ii) of the act (24 P. S. § 2834(1)(a)(i) and (ii)).

§ 101.132. Prohibited locations. (a) Only one school may be licensed for a particular location. (b) A public school building will not be approved as the primary classroom site for a private driver training school. (c) The situs of a school, branch school and practice driver train…

§ 101.133. Fire regulations. (a) Indoor instruction areas will be approved by the Department of Labor and Industry in accordance with the fire and panic regulations cited in § 101.102(e) (relating to laws applicable to private driver training schools). Each applicant for a school…

§ 101.134. Space allotment of indoor instruction areas. The indoor area used for the theoretical instruction of a group of five or more students shall provide a minimum of 15 square feet of floor area per student and 120 cubic feet of air space per pupil.

§ 101.135. Classroom equipment. An applicant or licensee offering indoor group theoretical instruction to five or more students shall provide in each classroom the following items: (1) A desk or an equivalent work station and a chair for each student in attendance. (2) A writing …

§ 101.136. Lighting and seating arrangements. A school or licensee may not use any seating plan or arrangement in the indoor instructional areas which faces the students toward a source of natural or artificial illumination.

§ 101.137. Lavatory facilities. A school offering theoretical instruction to a group of five or more students shall provide lavatory and toilet facilities which meet State or local requirements.