2165 Petitions to approve sponsorship and withdraw sponsorship of the Community College of Beaver County

STATE BOARD OF EDUCATION

Petitions to Approve Sponsorship and Withdraw Sponsorship of the Community College of Beaver County

[31 Pa.B. 6594]

   The State Board of Education (Board) has received two petitions regarding the sponsorship of the Community College of Beaver County (College). Both petitions seek action by the Board under section 1910-A of the Public School Code of 1949 (24 P. S. § 19-1910-A). The petitions have been submitted to the Board in concert and inherently can be disposed of by the Board only as one matter.

   In accordance with Article XIX-A of the Public School Code of 1949 (24 P. S. §§ 19-1901-A--19-1913-A), the College is currently sponsored locally by 11 school districts in Beaver County (County) under certain Articles of Agreement. Those school districts--each of which now seeks the Board's approval to withdraw its sponsorship of the College--are the School District of Aliquippa, the Ambridge Area School District, the School District of Big Beaver Falls, the School District of Center, the School District of Freedom, the Hopewell Area School District, the School District of Midland, the School District of Monaca, the School District of New Brighton, the School District of Riverside and the School District of Western Beaver. As approved by the Board, the school districts collectively act as the local sponsor of the College through certain Articles of Agreement.

   In their petitions to withdraw sponsorship, the school districts have asked the Board to approve their withdrawal of sponsorship under section 1910-A of the Public School Code of 1949. The school districts' indicate in their petitions that, with County and the College, they have entered into an Assumption of Sponsorship Agreement under which, effective July 1, 2002 (assuming Board approval), the County will assume the role of sole legal sponsor of the College and the school districts will relinquish their role and authority to act as local sponsor of the College. In addition, the school districts state the County and the College have entered into Articles of Agreement governing the County's sponsorship of the College effective July 1, 2002. The school districts assert that the change of sponsorship will continue and enhance the mission, goals, philosophy, operation and continuity of the College. Each of the 11 school districts, all acting under resolutions adopted by their respective boards of school directors, have made their petitions to withdraw sponsorship contingent upon the submission and approval of petitions to withdraw by all of the school districts and the approval of the petition for sponsorship submitted by the County.

   In its Petition to Approve Sponsorship, the County has indicated that it has announced its intention to become the local sponsor of the College by Resolution No. 062801-52 (dated June 28, 2001). The County also cites to the Assumption of Sponsorship Agreement and the new Articles of Agreement in support of their contention that the Board's approval of the County as the sole local sponsor of the College will continue and enhance the mission, goals, philosophy, operation and continuity of the College. In its petition to approve sponsorship, the County represents that ''[t]he plan for the continuing operation of the College will be as it existed in the past, implemented and enhanced by the plans for the transition to new sponsor as presented to [the] Board and as embodied in the Assumption of Sponsorship Agreement and Articles of Agreement . . . .'' Petition to Approve Sponsorship, at ¶  9. Like the school districts' petitions to withdraw sponsorship, the County's petition to approve sponsorship is contingent upon the submission and approval of petitions to withdraw by all of the school districts.

   The Board plans to take action on the petitions at its next public meeting, January 17, 2002. The Board will take action on the petitions at its next public meeting unless it should receive a timely written request for public hearing, along with a notice of intervention, a petition to intervene or protest, filed in accordance with 1 Pa. Code §§ 35.23 and 35.24 (relating to protest) or 1 Pa. Code §§ 35.27--25.32 (relating to intervention). Interested persons are also invited to submit written comments regarding the petitions to the Board. Copies of the Petition to Approve Sponsorship and the Petitions to Withdraw Sponsorship can be obtained from Dr. Peter Garland.

   Public comment, requests for public hearing, petitions to intervene and protests must be filed with the Board within 14 days of publication of this notice in the Pennsylvania Bulletin and should be addressed to Dr. Peter H. Garland, Executive Director, State Board of Education, First Floor, 333 Market Street, Harrisburg, PA 17126-0333, [phone].

   Persons with disabilities who wish to attend the Board meeting, or hearing if one is held, and require an auxiliary aid, service or other accommodations to participate should contact Dr. Garland to discuss how the Board might best accommodate their needs.

PETER H. GARLAND,   
Executive Director

[Pa.B. Doc. No. 01-2165. Filed for public inspection November 30, 2001, 9:00 a.m.]