Section 4. Powers and duties of board.
(a) Licensure, policies, etc.--The board shall have the power and its duty shall be to approve or disapprove the initial and renewal licensure or registry, or both, of schools; to suspend or revoke the licensure or registry, or both, of schools; to approve or disapprove the licensing of in-State and out-of-State admissions representatives; to establish qualifications for instructors, administrators and supervisors; to adopt broad policies and principles; and to establish standards, rules and regulations. The regulations shall provide for a method of school closure.
(b) Disposition of student records.--((b) deleted by amendment Nov. 27, 2019, P.L.753, No.110)
(b.1) Repository of student records.--The following apply:
(1) The board may enter into an agreement with a third party to establish a centralized repository of student records for all private licensed schools. If the board enters into an agreement with a third party under this paragraph, a private licensed school shall work in collaboration with the board and the third party to provide the private licensed school's student records for the centralized repository, including student records that may have been previously disclosed to the board, the third party or another private licensed school. The board may establish an annual timeline for the private licensed school to provide student records for the centralized repository.
(2) The board or a third party authorized by the board may use current information technology systems and other means to provide the necessary security and privacy for the centralized repository of student records.
(3) The board or a third party authorized by the board may impose reasonable fees to establish and maintain the centralized repository of student records. The board may overturn a fee imposed by a third party under this paragraph by a majority vote if the board deems the fee to be unreasonable.
(4) A third-party centralized repository shall be required to submit to the board a plan of succession to protect and provide service for student records in the event the centralized repository ceases operation.
(5) The third-party centralized repository shall maintain the records for 50 years from the date of graduation or withdrawal in accordance with the Family Educational Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. § 1232g).
(6) A records repository agreement submitted with an application for licensure or renewal shall remain in effect until the private licensed school fully participates in the centralized repository.
(7) Subsection (b) shall apply until the board has:
(i) entered into a third-party agreement as prescribed in paragraph (1);
(ii) the repository is functioning; and
(iii) submitted to the Legislative Reference Bureau for publication as a notice in the Pennsylvania Bulletin the date the centralized repository is accepting student records.
((b.1) added Nov. 27, 2019, P.L.753, No.110)
(c) Report of complaints.--The board shall submit annually to the Education Committees of the Senate and House of Representatives a report describing the types of complaints received pertaining to private licensed schools. The report shall include the source of the complaints, the status of the complaints, board action initiated and the elapsed time from the filing of the complaints until final resolution.
(d) Statistical report.--The board shall submit annually to the Education Committees of the Senate and House of Representatives a report containing statistical data on tuition rates, job placement of graduates and percentage of students completing programs of study. Private licensed or registered schools shall submit this information to the department by September 30 of each year for the preceding academic year ending June 30. ((d) amended Nov. 27, 2019, P.L.753, No.110)
(e) Enforcement by department.--The regulations promulgated by the board shall be enforced by the department. The department may submit to individual experts for review, programs and courses and financial statements proposed or offered by a school.
Compiler's Note: Section 9(1) of Act 110 of 2019 provided that the repeal of section 4(b) shall take effect on the date specified in the notice published under section 4(b.1)(7)(iii). The notice was published March 2, 2024, at 54 Pa.B. 1072.