PRIOR PRINTER'S NO.NOS.
21012101, 2364 PRINTER'S NO.
23642418 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
1701 2025 INTRODUCED BY FIEDLER, POWELL, KHAN, PROBST, SANCHEZ, HANBIDGE, KAZEEM, WAXMAN, BOROWSKI, KRAJEWSKI, GIRAL, NEILSON, CEPEDA- FREYTIZ, HOHENSTEIN, MALAGARI, FREEMAN, DONAHUE, HILL-EVANS, GREEN, DAVIDSON, BOYDBOYD, CURRY AND CURRY,KENYATTA, JULY 8, 2025 AS REPORTEDAMENDED FROM COMMITTEE ON EDUCATION,SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, ASOCTOBER AMENDED,7, SEPTEMBER 30, 2025 AN ACT Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An provisions applicable as well to private and parochialrtain schools;
In the event that the maximum building construction cost authorization exceeds the aggregate building expenditure standard hereinafter specified, the aforesaid authorization of the school board shall be submitted to the electors of the school district for their approval within six (6) months prior to submission of the final building construction cost bids to 20250HB1701PN236420250HB1701PN2418 - 2 - the Department of Education for approval.
and 20250HB1701PN236420250HB1701PN2418 - 3 - annually thereafter through July 1, 2003, by multiplying said amounts by the ratio of the composite construction cost index compiled and published by the United States Department of Commerce for the preceding calendar year to such index for the next preceding calendar year;
(3) "Equipment and fixtures" means property fixed or movable which is incidental and necessary to conduct the educational program, and includes, but is not limited to movable equipment such as desks, chairs, tables, portable physical education equipment, audio-visual equipment and science, homemaking, industrial art and business equipment and instructional materials and fixtures such as casework, laboratory equipment, 20250HB1701PN236420250HB1701PN2418 - 4 - kitchen equipment, auditorium seating and any other special fixtures or equipment required to conduct a particular educational program.
"ATHLETIC"Athletic FACILITY."facility." A LOCKERlocker ROOM,room, GYMNASIUM,gymnasium, ARENA,arena, POOL,pool, <--athletic ATHLETICtraining TRAININGroom, ROOM,weight WEIGHTroom ROOMor ORany ANYother OTHERlocation LOCATIONused USEDby BYstudents STUDENTSand ANDtheir THEIRcoaches COACHESfor FORsports SPORTStraining, TRAINING,practice, PRACTICE,competition COMPETITIONand ANDcoaching. COACHING.
"Building condition assessment." The updated assessment <-- described under section 705-A.
"FACILITY"Facility CONDITIONcondition ASSESSMENT."assessment." THEThe UPDATEDupdated ASSESSMENTassessment <--described DESCRIBEDunder UNDERsection SECTION 705-A.
"School entity." A school district, area career and technical school, intermediate unit, cyber charter school, 20250HB1701PN2364 - 5 - charter school, chartered school for the education of the deaf or blind or regional charter school operating within this 20250HB1701PN2418 - 5 - Commonwealth.
"School infrastructure improvement." The acquisition, demolition, construction, improvement, repair, alteration, modernization, renovation, reconstruction or maintenance of all or any part of a PUBLICpublic school facility or of any other property <-- necessary for, or ancillary to, a PUBLICpublic school facility.
The <-- term includes site acquisition, site development, the services of design professionals such as engineers and architects, construction management, financing costs and administrative costs and expenses incurred in connection with the project, as well as capital maintenance intended to extend the useful life of a PUBLICpublic school facility, including upgrades and replacements <-- of building systems such as structure, enclosure, mechanical, plumbing and electrical systems, considered to constitute or be part of a school infrastructure improvement project.
(iii) Contract with one or more third-party vendors to complete the assessment in a timely manner as requiredprovided <-- PROVIDED under section 705-A(b).
<-- 20250HB1701PN2364 - 6 - (2) Assist school entities with assessing their infrastructure needs to provide quality, safe, healthy, 20250HB1701PN2418 - 6 - sustainable, effective and equitable learning and working environments.
(5) Develop, in consultation with the committee, the criteria for the assessment and subsequent request for a proposal from a third-party vendor to complete the assessment as requiredprovided PROVIDED under section 705-A(b)(1).
<-- Section 703-A.
(6) Whether the public school facility is an 20250HB1701PN2364 - 7 - administrative building, an instructional building, gymnasium, ATHLETICathletic FACILITYfacility or a maintenance building.
<--20250HB1701PN2418 - 7 - (7) The number of stories in the public school facility.
(9) IfThe available,acreage the adequacy of instructional space in <-- classrooms designated for learning and whether the space is in alignment with the educational specifications of the public school facility plan.site.
(10) (9) The acreageownership status of the public school facilityfacility, site.including:
<-- (11) (10) The ownership status of the public school <-- facility, including:
(ii) Leased or rented to the school entity, including an indicator of whether the school entity is financially responsible for routine and preventative PUBLICpublic SCHOOLschool facility maintenance costs.
<-- (12) (11) The age of the public school facility, if <-- known, including dates and brief descriptions of any major renovations or additions.
(c) Duties.--No later than December 31, 2027, each school entity shall submit the information required under subsection (a) to the department in a form and manner determined by the 20250HB1701PN2364 - 8 - department.
(e) Inventory update.--Beginning in the 2028-2029 school year and every three years thereafter, the department shall 20250HB1701PN2418 - 8 - require each school entity to review and update the information under subsection (a) as necessary to inform the department of substantial changes in school building use, occupancy, ownership, damages to school buildings or building closures.
(1) Make recommendations to the department pertaining to public school facility issues, including program requirements, guidelines, funding structures to support school entities to conduct assessments and address PUBLICpublic <--school SCHOOL facility deficiencies, regulations and support provided by the department.
(2) Periodically review the maintenance of the public school buildingfacility FACILITY inventory under section 703-A(a) and <-- provide recommendations to the department regarding the maintenance of the inventory.
(4) Make recommendations to the department and General Assembly onregarding howmeasures to ensure that each school entityentities addressescan <--use REGARDINGto MEASURESaddress SCHOOL ENTITIES CAN USE TO ADDRESS <-- deficiencies identified in the assessment,assessment. including, if <-- 20250HB1701PN2364 - 9 - applicable, the best use of the rating scale developed under section 705-A(a)(2).
(A) An individual recommended by the Pennsylvania Association of School Business Officials 20250HB1701PN2418 - 9 - with experience in PUBLICpublic school facility operations.
<-- (B) An individual recommended by the Pennsylvania School Boards Association.
20250HB1701PN2364 - 10 - (iv) The architect or structural engineer for the department's Division of School Facilities.
(v) An individual appointed by the President pro <-- tempore of the Senate.
(vi) An individual appointed by the Minority Leader of the Senate.
(vii) An individual appointed by the Speaker of the House of Representatives.
(viii) An individual appointed by the Minority Leader of the House of Representatives.
(ix) The executive director of the State Public School Building Authority.
(x) A public health official appointed by the Secretary of Health.
(xi) An individual appointed by the Secretary of Environmental Protection.
(xii) An individual appointed by the chairperson of the Pennsylvania Commission on Crime and Delinquency.
(2) Hold its first meeting within 45 days of the date 20250HB1701PN2418 - 10 - that all members are appointed to the committee.
20250HB1701PN2364 - 11 - Section 705-A.
An HVAC A HEATING,heating, VENTILATIONventilation ANDand AIRair <--conditioning CONDITIONING system evaluation shall be completed and must include:
20250HB1701PN2418 - 11 - (V) Verifying unit operation and performance of required maintenance in accordance with the American Society of Heating, Refrigerating and Air-Conditioning Engineers standards, as the standard is published as of the effective date of 20250HB1701PN2364 - 12 - this section.
(III) A risk of exposure to environmental hazards as determined by the results of testing for environmental hazards inside the public 20250HB1701PN2418 - 12 - school facility completed within the last five years.
(G) ENERGYEnergy EFFICIENCYefficiency ANDand PERFORMANCE,performance, INCLUDINGincluding <--fuel FUELtypes TYPESand ANDalternative ALTERNATIVEfuel FUELtypes TYPESused, USED,energy ENERGYcosts COSTSobserved OBSERVEDper PERfuel FUELtype TYPEand ANDother OTHERfactors FACTORSdetermined 20250HB1701PN2364by -the 13department. - DETERMINED BY THE DEPARTMENT.
(H) PHYSICALPhysical SAFETYsafety ANDand SECURITYsecurity ENHANCEMENTS,enhancements, INCLUDINGincluding ANYany SECURITY-RELATEDsecurity-related TECHNOLOGYtechnology ANDand ANYany PHYSICALphysical SECURITYsecurity ASSESSMENTSassessments CONDUCTEDconducted BYby THEthe SCHOOLschool ENTITY.entity.
(2) No(Reserved). later than September 1, 2026, the department, in <-- consultation with the committee, shall develop guidelines and phases for the third-party request for proposal to determine the relative physical condition of each public school facility.
(RESERVED).(b) Assessment.--To the extent that funding is available, but no later than April 1, 2028, the department shall initiate a process to complete an assessment of each public school facility using the criteria and measures developed by the department under subsection (a) in accordance with the following:
<-- (b) Assessment.--To the extent that funding is available, but no later than April 1, 2028, the department shall initiate a process to complete an assessment of each public school facility using the criteria and measures developed by the department under subsection (a) in accordance with the following:
(c) Report.-- (1) No later than 30 90 days after the completion of the <-- assessment, the department shall compile data from the assessment into a report that shall be shared with the members of the committee, the President pro tempore of the Senate, the Majority Leader and the Minority Leader of the Senate, the Speaker of the House of Representatives, the 20250HB1701PN2418 - 13 - Majority Leader and the Minority Leader of the House of 20250HB1701PN2364 - 14 - Representatives, the chairperson and minority chairperson of the Education Committee of the Senate and the chairperson and minority chairperson of the Education Committee of the House of Representatives.
(D)20250HB1701PN2418 EXECUTIVE- SUMMARY14 REQUIREMENT.--- <--(d) 20250HB1701PN2364Executive -summary 15requirement.-- - (1) WITHINWithin 90 DAYSdays OFof RECEIVINGreceiving Aa FACILITYfacility CONDITIONcondition ASSESSMENT,assessment, EACHeach THIRD-PARTYthird-party VENDORvendor THATthat HAShas BEENbeen ASSIGNEDassigned TOto COMPLETEcomplete THEthe ASSESSMENTassessment FORfor Aa SCHOOLschool ENTITYentity ASas PROVIDEDprovided UNDERunder SUBSECTIONsubsection (B)(b) SHALLshall PREPAREprepare ANan EXECUTIVEexecutive SUMMARYsummary OFof THEthe ASSESSMENT.assessment.
THEThe EXECUTIVEexecutive SUMMARYsummary SHALLshall INCLUDE,include, ATat Aa MINIMUM,minimum, THEthe FOLLOWING:following:
(I)(i) IDENTIFIEDIdentified ASBESTOS,asbestos, MOLDmold ANDand LEADlead REMEDIATIONremediation NEEDS.needs.
(II)(ii) THEThe ANTICIPATEDanticipated DURATIONduration FORfor WHICHwhich EACHeach BUILDINGbuilding ISis PROJECTEDprojected TOto BEbe MAINTAINEDmaintained OR,or, IFif APPLICABLE,applicable, EXPANDEDexpanded INin ORDERorder TOto ACCOMMODATEaccommodate PROJECTEDprojected ENROLLMENTenrollment GROWTHgrowth ORor DECLINE.decline.
(III)(iii) THEThe STATUSstatus OFof COMPLIANCEcompliance WITHwith THEthe AMERICANSAmericans WITHWith DISABILITIESDisabilities ACTAct OFof 1990 (PUBLIC(Public LAWLaw 101-336, 104 STAT.Stat.
327) INin THEthe CONSTRUCTION,construction, MAINTENANCEmaintenance ANDand ALTERATIONSalterations OFof Aa PUBLICpublic SCHOOLschool FACILITY.facility.
(IV)(iv) HEATING,Heating, VENTILATIONventilation ANDand AIRair CONDITIONINGconditioning SYSTEMS,systems, INCLUDINGincluding WHETHERwhether THEthe SYSTEMSsystems EXISTexist INin EACHeach BUILDING,building, ANDand ANYany IDENTIFIEDidentified ISSUESissues RELATEDrelated TOto HEATING,heating, VENTILATIONventilation ANDand AIRair CONDITIONINGconditioning SYSTEMS,systems, INDOORindoor AIRair QUALITYquality ORor RELATEDrelated ENVIRONMENTALenvironmental CONDITIONS.conditions.
(2) THEThe EXECUTIVEexecutive SUMMARYsummary SHALLshall NOTnot INCLUDEinclude BUILDINGbuilding PLANSplans ORor INFRASTRUCTUREinfrastructure RECORDSrecords THATthat EXPOSEexpose ORor CREATEcreate VULNERABILITYvulnerability THROUGHthrough THEthe DISCLOSUREdisclosure OFof THEthe LOCATION,location, CONFIGURATIONconfiguration ORor SECURITYsecurity OFof CRUCIALcrucial SYSTEMS,systems, INCLUDING:including:
(I)(i) PUBLICPublic UTILITYutility SYSTEMS.systems.
(II)(ii) STRUCTURALStructural ELEMENTS.elements.
(III)(iii) TECHNOLOGY.Technology.
(IV)(iv) COMMUNICATION.Communication.
(V)20250HB1701PN2418 ELECTRICAL.- 15 - (v) Electrical.
20250HB1701PN2364(vi) -Fire 16suppression. - (VI) FIRE SUPPRESSION.
(VII)(vii) VENTILATION.Ventilation.
(VIII)(viii) WATER.Water.
(IX)(ix) WASTEWATER.Wastewater.
(X)(x) SEWAGE.Sewage.
(XI)(xi) GASGas SYSTEMS.systems.
(XII)(xii) OTHEROther INFORMATIONinformation THATthat WOULDwould BEbe EXEMPTEDexempted FROMfrom DISCLOSUREdisclosure UNDERunder SECTIONsection 708 OFof THEthe ACTact OFof FEBRUARYFebruary 14, 2008 (P.L.6, NO.3),No.3), KNOWNknown ASas THEthe RIGHT-TO-KNOWRight-to-Know LAW.Law.
(3) EACHEach SCHOOLschool DISTRICTdistrict SHALLshall POSTpost THEthe EXECUTIVEexecutive SUMMARYsummary ONon THEthe SCHOOLschool DISTRICT'Sdistrict's PUBLICLYpublicly ACCESSIBLEaccessible INTERNETInternet WEBSITE.website.
SCHOOLSchool DISTRICTSEXCEPT MAYFOR REDACTTHE INFORMATION FROMREQUIRED THEUNDER EXECUTIVE<-- SUMMARYPARAGRAPH IF(1), THESCHOOL DISCLOSUREdistricts OFmay WHICHredact WOULDinformation BEfrom REASONABLYthe LIKELYexecutive TOsummary RESULTif, INthe Adisclosure SUBSTANTIALof ANDwhich DEMONSTRABLEwould RISKbe OF<-- PHYSICALreasonably HARMlikely ORto THEresult PERSONALin SECURITYa OFsubstantial STUDENTSand ORdemonstrable STAFF.risk of physical harm or the personal security of students or staff.
THISThis INFORMATIONinformation SHALLshall REMAINremain CONFIDENTIALconfidential ANDand SHALLshall NOTnot BEbe SUBJECTsubject TOto THEthe RIGHT-TO-KNOWRight-to-Know LAW.Law.
Within one year of its receipt ofan aexecutive facilitysummary condition <-- assessment under section 705-A(c)705-A(d), AN EXECUTIVE SUMMARY UNDER <-- SECTION 705-A(D), each school entity shall develop a plan for the modernization of its PUBLICpublic SCHOOLschool facilities based upon the <-- assessment results and shall post the plan on its publicly accessible Internet website.
Section 707-A.
Secure master key box requirement.
<-- (a) Secure master key box installation.-- (1) All public and private school buildings in this Commonwealth shall have at least one exterior secure master key box that meets Underwriters Laboratories Standard 1037, as that standard is published as of the effective date of 20250HB1701PN2364 - 17 - this paragraph, installed at each school building to permit emergency access by law enforcement from the exterior of a school building.
The department may identify a successor standard under this paragraph and adopt the successor standard.
(2) The key box shall be capable of securely storing keys to all locked doors within the school building and schematic diagrams of the school building.
(3) The school board or governing body of each school shall, in consultation with local law enforcement authorities, determine the precise location for the installation of the secure master key box.
(b) Notification and updates.--The school board or governing body of each school shall immediately notify local law enforcement of any changes to the locks, doors or other access control devices on the main entrances or other critical access points of the school building.
(a) Duties of department.-- (1) The department shall develop guidelines for school entities to voluntarily report information related to school 20250HB1701PN2418 - 16 - building safety, inventory and condition.
20250HB1701PN2364 - 18 - (3) The department shall provide additional points under the funding rubric contained in section 2604-J(d) for grants applied for by school entities that complete building condition assessments.
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