Pennsylvania HB 1701: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in grounds and buildings, further providing for referendum or public hearing required prior to construction or lease; providing for school facilities; establishing the Public School Facility Advisory Committee; in construction and renovation of buildings by school entities, repealing provisions relating to building condition assessments; and imposing duties on the Department of Education.

Bill Text

PRIOR PRINTER'S NOS. 2101, 2364 PRINTER'S NO. 2418
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1701
Session of
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, BOYD, CURRY AND KENYATTA, JULY 8, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 7, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in grounds and buildings, further
providing for referendum or public hearing required prior to
construction or lease; providing for school facilities;
establishing the Public School Facility Advisory Committee;
in construction and renovation of buildings by school
entities, repealing provisions relating to building condition
assessments; and imposing duties on the Department of
Education.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 701.1 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 701.1. Referendum or Public Hearing Required Prior
to Construction or Lease.--(a) Except where the approval of the
electors is obtained to incur indebtedness to finance the
construction of a school project, the board of school directors
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of any school district of the second, third or fourth classes,
shall not construct, enter into a contract to construct or enter
into a contract to lease a new school building or substantial
addition to an existing school building without the consent of
the electors obtained by referendum or without holding a public
hearing as hereinafter provided. In the event that a new school
building or a substantial addition to an existing building is to
be constructed or leased, the school board shall, by a majority
vote of all its members, authorize a maximum project cost and a
maximum building construction cost to be financed by the
district or amortized by lease rentals to be paid by the
district. Building construction cost shall consist of the cost
of all building construction including general construction
costs, plumbing, heating, electrical, ventilating and other
structural costs, equipment and fixtures and architectural and
engineering fees relating thereto, but not including costs for
site acquisition and development, rough grading to receive the
building, sewage treatment facilities or equivalent capital
contributions, and architectural and engineering fees relating
thereto. In all cases, a public hearing shall be held not later
than thirty (30) days before the school district submits the
initial building construction cost estimates to the Department
of Education for approval. Notice of the hearing shall be given
not later than twenty (20) days before the date of the scheduled
hearing. 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
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the Department of Education for approval. Such referendum shall
be held in the same manner as provided by law for the approval
of the incurring of indebtedness by referendum. The question as
submitted shall specify the maximum project cost, the maximum
building construction cost and the annual sinking fund charge or
lease rental to be incurred by the school district and the
portion of such charge or rental expected to be reimbursed by
the Commonwealth. If the final building construction cost bids
to be submitted to the Department of Education for approval are
less than the aggregate building expenditure standard hereafter
specified but exceed by eight (8) per cent or more the initial
building construction cost estimates submitted to the Department
for approval, a second public hearing shall be held before the
Department shall give its final approval.
(b) The applicable aggregate building expenditure standard
shall be a total amount calculated for each building or
substantial addition, including the addition of administrative
space as a secondary building, by multiplying the rated pupil
capacity under the approved room schedule by the following: two
thousand eight hundred dollars ($2,800) for each pupil of rated
elementary capacity; four thousand two hundred dollars ($4,200)
for each pupil of rated secondary capacity in grades seven,
eight and nine and five thousand two hundred do