Section 5. The act is amended by adding articles to read:
ARTICLE XIX-B.
THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY.
Section 1901-B. Short Title.--This article shall be known and may be cited as the "Thaddeus Stevens State School of Technology Act."
Section 1902-B. Legislative Intent.--It is the intent of the General Assembly to provide for the continued existence, operation and administration of the Thaddeus Stevens State School of Technology.
Section 1903-B. Authorization to Continue School Operations.--The institution known as the Thaddeus Stevens State School of Technology, established and operated pursuant to the repealed provisions of the act of May 11, 1905 (P.L.518, No.429), is hereby authorized to continue operations and to receive any State funds or aid to which it may be entitled. All lawful actions and expenditures made by said institution between October 4, 1978, and the effective date of this act are hereby ratified and approved by the General Assembly.
Section 1904-B. School Purposes.--(a) The Thaddeus Stevens State School of Technology, located in Lancaster, Pennsylvania, shall continue to provide for the postsecondary education and training of indigent orphans.
(b) If a sufficient number of indigent orphans qualified for admission pursuant to school standards fail to apply, then the board of trustees of this corporation may admit first other deserving persons and, thereafter, orphans who may not be indigent, as the trustees in their best judgment may think proper.
(c) Those shall be deemed orphans who have lost either parent.
Section 1905-B. School Buildings.--The buildings shall be separated and shall embrace one or more schoolhouses, and one or more workshops, and an isolating hospital, all on such scale as will create an institution accommodating not less than two hundred persons, planned and located for easy and natural additions, as the needs of the institution may demand.
Section 1906-B. Board of Trustees.--The board of trustees shall consist of nine members, who shall serve without compensation and be appointed by the Governor by and with the advice and consent of the Senate. Said trustees shall be a body politic or corporate of the name of the Thaddeus Stevens State School of Technology. They shall, under section 1311 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," have general direction and control of the property and management of the institution, develop broad institutional policy and make all necessary bylaws and regulations, not inconsistent with either the provisions of the Constitution, laws of the Commonwealth or rules and regulations of the State Board of Education. Of the trustees first appointed, three shall serve for one year, three for two years and three for three years, and, at the expiration of the respective periods, the vacancies shall be filled by the Governor, by appointment, for three years, as hereinbefore provided; and, should any vacancy occur by death or resignation or otherwise of any trustee, such vacancy shall be filled, by appointment as aforesaid, for the unexpired term of said trustee. The Secretary of Education shall be ex officio member of the board of trustees.
Section 1907-B. President of School.--The chief administrator and academic officer of the Thaddeus Stevens State School of Technology shall be the president whose duties shall be defined by the board of trustees and approved by the Secretary of Education.
Section 1908-B. Individuals Eligible for Admission.--(a) The board of trustees shall provide a program of education hereinafter defined for those persons admitted to the institution pursuant to section 1904-B. In considering such admission, no preference shall be shown on account of race, color, sex, marital status, ethnic group or religion.
(b) The course of instruction shall be the equivalent level of a two-year postsecondary institution which shall include vocational-technical education of no more than two years leading to the awarding of certificates or associate degrees, when approved by the Secretary of Education in accordance with rules and regulations established by the State Board for this level of education, for the purpose of fitting pupils to pursue effectively a recognized profitable employment.
Section 1909-B. Tuition Students.--In addition to State-supported resident students as defined in section 1904-B, the board of trustees may admit for study at the school part-time or full-time tuition students and shall fix and charge tuition rates as approved by the Secretary of Education for such students. All money collected as tuition by the institution shall be paid into the General Fund and credited to the appropriations made to the institution.
Section 1910-B. Rights of Faculty and Staff.--Except as otherwise provided by law, faculty employed in the Thaddeus Stevens State School of Technology shall continue to enjoy the same rights and privileges as provided on June 30, 1990. Nothing contained herein shall supersede or preempt any provisions of a collective bargaining agreement negotiated between the Commonwealth and an exclusive representative of the employes in accordance with the act of July 23, 1970 (P.L.563, No.195), known as the "Public Employe Relations Act." In no event shall the faculty be considered to be in the classified service, as defined by the act of August 5, 1941 (P.L.752, No.286), known as the "Civil Service Act."
Section 1911-B. Visitation Privileges.--The Governor, Secretary of Education, judges of the several courts of the Commonwealth and Senators and Representatives of the General Assembly shall be ex officio visitors of said institution, and it shall be subject to inspection by the Department of Education, and an annual report of the conduct and management of the school shall be made by the President of the Thaddeus Stevens State School of Technology to the General Assembly and the Secretary of Education.
Section 1912-B. Prior References.--Whenever, in any law, reference is made to the Thaddeus Stevens Industrial and Reform School of Pennsylvania or the Thaddeus Stevens Trade School, it shall be deemed to refer to and include the Thaddeus Stevens State School of Technology.
Section 1913-B. Acquisition and Disposition of Property.--The trustees of Thaddeus Stevens State School of Technology shall have the authority to acquire and retain any property, real, personal or mixed, tangible or intangible, necessary or desirable for carrying out the purposes of the school, and to sell, transfer and dispose of any property, real, personal or mixed, tangible or intangible, or any interest therein at any time acquired by it and to take, demand, receive and possess all moneys, real property and goods which shall be appropriated, given or granted to and for the use of the school and to apply the same according to the will of the donors; and, by gift, purchase or devise, to receive, possess, enjoy and retain forever any and all real and personal estate and funds, of whatsoever kind, nature or quality the same may be, in special trust and confidence that the same, and the profits thereof, shall be applied to and for the use and purpose of endowing the school, and shall have power to receive donations from any source whatever, to be exclusively devoted to the purposes of the school or according to the terms of donation.
ARTICLE XXVI-E
EQUIPMENT GRANTS.
Section 2601-E. Definitions.--When used in this article, the following words and phrases shall have the following meanings:
"Community colleges" shall mean institutions now or hereafter created pursuant to the act of August 24, 1963 (P.L.1132, No.484), known as the "Community College Act of 1963," or Article XIX-A of this act.
"Department" shall mean the Department of Education of the Commonwealth.
"Educational equipment" shall mean tangible property used by institutions of higher education in support of instruction. The term shall not include equipment used in support of sectarian and denominational instruction or for any other sectarian and denominational purpose or activity.
"Eligible institution" shall mean an independent institution of higher education which is approved by the department for equipment grants pursuant to the provisions of this article. The term does not include an institution which is determined by the department to be a community college, a theological seminary or school of theology or a sectarian and denominational institution, nor does it include a State-owned or State-related institution.
"Equipment grant" shall mean an amount determined by dividing the funds appropriated pursuant to this article, less reasonable administrative expenses, by the total of all certified full-time equivalent students from all eligible institutions applying for grants.
"Full-time equivalent students" shall mean the enrollment in programs at eligible institutions expressed in terms of full-time students as determined by the Department of Education.
"Independent institution of higher education" shall mean an institution of higher education which is operated not-for-profit, located in and incorporated or chartered by the Commonwealth, entitled to confer degrees as set forth in section 211 of the act of May 5, 1933 (P.L.289, No.105), known as the "Nonprofit Corporation Law," and entitled to apply to itself the designation "college" or "university" as provided for by standards and qualifications prescribed by the State Board of Education pursuant to the act of May 7, 1937 (P.L.585, No.150), entitled, as amended, "An act prohibiting the use of the designation of 'college' by any institution not conforming to the standards of a college prescribed by the State Board of Education; and providing for injunctions, and penalties."
"Pennsylvania based" shall mean educational equipment manufactured or assembled within this Commonwealth, or sold, leased or otherwise provided to an eligible institution by a vendor which has a place of business in this Commonwealth.
"State-owned institution" shall mean a member institution of the State System of Higher Education.
"State-related institutions" shall mean The Pennsylvania State University, the University of Pittsburgh, Temple University and Lincoln University and their branch campuses.
Section 2602-E. Certification of Recipients.--From the information it receives from colleges and universities the department shall certify the number of full-time equivalent students attending each eligible institution during the most recent year for which data is available.
Section 2603-E. Institutional Equipment Grants.--For the academic year beginning on or about September 1, 1990, the department shall allot a one-time equipment grant on behalf of each full-time equivalent student attending the eligible institution as certified pursuant to section 2602-E. The allotment shall be made to each eligible institution from the funds appropriated to the department pursuant to this article. Following an initial allocation and allotment, if any funds appropriated have not been and cannot be allocated to one or more institutions otherwise eligible for funds, the department shall reallocate these funds to the remaining eligible institutions so that all funds appropriated under this article have been allotted.
Section 2604-E. Use of Moneys.--The moneys appropriated shall be used only for, or in connection with, expenses incurred by the eligible institution to purchase, lease or otherwise acquire educational equipment which is Pennsylvania based. If the eligible institution purchases, leases or otherwise acquires educational equipment which is not Pennsylvania based, it must file with the department a statement of justification as to why Pennsylvania-based educational equipment was not obtained.
Section 2605-E. Forfeiture.--Any eligible institution which refuses to submit such information for audit as required by this article or knowingly submits misrepresentations or false statements with the intention of fraudulently obtaining moneys from the department shall be denied status as an eligible institution under the provisions of this article.
Section 2606-E. Satisfaction of Expenditure Requirements.--The provisions of this article shall satisfy the requirements for expenditure of equipment grant funds contained in section 212 of the act of July 1, 1990 (P.L.1591, No.7A), known as the "General Appropriation Act of 1990."
Section 2607-E. Expiration.--This article shall expire on June 30, 1991.