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.

PRINTER'S NO.   2101

                     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 AND BOYD, JULY 8, 2025

     REFERRED TO COMMITTEE ON EDUCATION, JULY 9, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in grounds and buildings, further
 6      providing for referendum or public hearing required prior to
 7      construction or lease; providing for school facilities;
 8      establishing the Public School Facility Advisory Committee;
 9      in construction and renovation of buildings by school
10      entities, repealing provisions relating to building condition
11      assessments; and imposing duties on the Department of
12      Education.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.    Section 701.1 of the act of March 10, 1949
16   (P.L.30, No.14), known as the Public School Code of 1949, is
17   amended to read:
18      Section 701.1.    Referendum or Public Hearing Required Prior
19   to Construction or Lease.--(a)   Except where the approval of the
20   electors is obtained to incur indebtedness to finance the
21   construction of a school project, the board of school directors
22   of any school district of the second, third or fourth classes,
 1   shall not construct, enter into a contract to construct or enter
 2   into a contract to lease a new school building or substantial
 3   addition to an existing school building without the consent of
 4   the electors obtained by referendum or without holding a public
 5   hearing as hereinafter provided. In the event that a new school
 6   building or a substantial addition to an existing building is to
 7   be constructed or leased, the school board shall, by a majority
 8   vote of all its members, authorize a maximum project cost and a
 9   maximum building construction cost to be financed by the
10   district or amortized by lease rentals to be paid by the
11   district. Building construction cost shall consist of the cost
12   of all building construction including general construction
13   costs, plumbing, heating, electrical, ventilating and other
14   structural costs, equipment and fixtures and architectural and
15   engineering fees relating thereto, but not including costs for
16   site acquisition and development, rough grading to receive the
17   building, sewage treatment facilities or equivalent capital
18   contributions, and architectural and engineering fees relating
19   thereto. In all cases, a public hearing shall be held not later
20   than thirty (30) days before the school district submits the
21   initial building construction cost estimates to the Department
22   of Education for approval. Notice of the hearing shall be given
23   not later than twenty (20) days before the date of the scheduled
24   hearing. In the event that the maximum building construction
25   cost authorization exceeds the aggregate building expenditure
26   standard hereinafter specified, the aforesaid authorization of
27   the school board shall be submitted to the electors of the
28   school district for their approval within six (6) months prior
29   to submission of the final building construction cost bids to
30   the Department of Education for approval. Such referendum shall

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 1   be held in the same manner as provided by law for the approval
 2   of the incurring of indebtedness by referendum. The question as
 3   submitted shall specify the maximum project cost, the maximum
 4   building construction cost and the annual sinking fund charge or
 5   lease rental to be incurred by the school district and the
 6   portion of such charge or rental expected to be reimbursed by
 7   the Commonwealth. If the final building construction cost bids
 8   to be submitted to the Department of Education for approval are
 9   less than the aggregate building expenditure standard hereafter
10   specified but exceed by eight (8) per cent or more the initial
11   building construction cost estimates submitted to the Department
12   for approval, a second public hearing shall be held before the
13   Department shall give its final approval.
14      (b)   The applicable aggregate building expenditure standard
15   shall be a total amount calculated for each building or
16   substantial addition, including the addition of administrative
17   space as a secondary building, by multiplying the rated pupil
18   capacity under the approved room schedule by the following: two
19   thousand eight hundred dollars ($2,800) for each pupil of rated
20   elementary capacity; four thousand two hundred dollars ($4,200)
21   for each pupil of rated secondary capacity in grades seven,
22   eight and nine and five thousand two hundred dollars ($5,200)
23   for each pupil of rated secondary capacity in grades ten, eleven
24   and twelve and five thousand two hundred dollars ($5,200) for
25   each pupil of rated career and technical capacity in grades ten,
26   eleven and twelve to not include the cost of equipment and
27   fixtures in such career and technical schools: Provided,
28   however, That each of the preceding per pupil amounts shall be
29   adjusted by the Department of Education on July 1, 1974; and
30   annually thereafter through July 1, 2003, by multiplying said

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 1   amounts by the ratio of the composite construction cost index
 2   compiled and published by the United States Department of
 3   Commerce for the preceding calendar year to such index for the
 4   next preceding calendar year; and Further Provided, however,
 5   That each of the preceding per pupil amounts shall be adjusted
 6   by the Department of Education on July 1, 2004; and annually
 7   thereafter by multiplying said amounts by the ratio of the
 8   Building Cost Index published by the McGraw-Hill Companies for
 9   the preceding calendar year to such index for the next preceding
10   calendar year. Rated elementary pupil capacity or rated
11   secondary pupil capacity for any school building shall be the
12   rated pupil capacity determined on the basis of the method used
13   by the Department for school building reimbursement purposes
14   during the school year 1971-1972.
15      (c)   For purposes of this section:
16      (1)   "Site acquisition" includes the cost of land and mineral
17   rights, demolition and clearing, rights-of-way and related
18   utility relocations, surveys and soils analysis, and the cost of
19   all fees relating thereto.
20      (2)   "Site development" includes excavation, grouting or
21   shoring, special foundations for buildings, access roads to
22   site, utilities on site, extension of utilities to site.
23      (3)   "Equipment and fixtures" means property fixed or movable
24   which is incidental and necessary to conduct the educational
25   program, and includes, but is not limited to movable equipment
26   such as desks, chairs, tables, portable physical education
27   equipment, audio-visual equipment and science, homemaking,
28   industrial art and business equipment and instructional
29   materials and fixtures such as casework, laboratory equipment,
30   kitchen equipment, auditorium seating and any other special

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 1   fixtures or equipment required to conduct a particular
 2   educational program.
 3      (4)    "Substantial addition" means more than twenty (20) per
 4   centum of the area and replacement value of the structure to
 5   which the improvement is to be added.
 6      Section 2.    The act is amended by adding an article to read:
 7                              ARTICLE VII-A
 8                            SCHOOL FACILITIES
 9   Section 701-A.    Definitions.
10      The following words and phrases when used in this article
11   shall have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Building condition assessment."      The updated assessment
14   described under section 705-A.
15      "Committee."    The Public School Facility Advisory Committee
16   established under section 704-A.
17      "Department."    The Department of Education of the
18   Commonwealth.
19      "Public school facility."     A structure, building or facility
20   occupied by ownership, lease or other agreement used by a school
21   entity.
22      "School entity."    A school district, area career and
23   technical school, intermediate unit, cyber charter school,
24   charter school, chartered school for the education of the deaf
25   or blind or regional charter school operating within this
26   Commonwealth.
27      "School infrastructure improvement."      The acquisition,
28   demolition, construction, improvement, repair, alteration,
29   modernization, renovation, reconstruction or maintenance of all
30   or any part of a school facility or of any other property

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 1   necessary for, or ancillary to, a school facility. The term
 2   includes site acquisition, site development, the services of
 3   design professionals such as engineers and architects,
 4   construction management, financing costs and administrative
 5   costs and expenses incurred in connection with the project, as
 6   well as capital maintenance intended to extend the useful life
 7   of a school facility, including upgrades and replacements of
 8   building systems such as structure, enclosure, mechanical,
 9   plumbing and electrical systems, considered to constitute or be
10   part of a school infrastructure improvement project.
11   Section 702-A.      Powers and duties of department.
12      The department shall have the following duties:
13          (1)   To the extent funding is available:
14                (i)    Provide technical assistance regarding school
15          infrastructure improvement to school entities as
16          determined by the department, requested by the school
17          entity or determined by third-party review.
18                (ii)    Assist school entities with securing and
19          leveraging Federal, State and local resources to improve
20          public school facilities.
21                (iii)    Contract with one or more third-party vendors
22          to complete the assessment in a timely manner as required
23          under section 705-A(b).
24          (2)   Assist school entities with assessing their
25      infrastructure needs to provide quality, safe, healthy,
26      sustainable, effective and equitable learning and working
27      environments.
28          (3)   Coordinate public school facility planning and
29      improvement across Federal and State agencies.
30          (4)   Establish and maintain the public school facility

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 1      inventory required under section 703-A(a).
 2            (5)   Develop, in consultation with the committee, the
 3      criteria for the assessment and subsequent request for a
 4      proposal from a third-party vendor to complete the assessment
 5      as required under section 705-A(b)(1).
 6   Section 703-A.    Public school facility inventory.
 7      (a)   Inventory.--The department shall collect the following
 8   information from each school entity for each public school
 9   facility:
10            (1)   The name of the school entity that occupies each
11      public school facility through ownership, lease or other
12      agreement.
13            (2)   The name or address of the public school facility.
14            (3)   The grades served in the public school facility, if
15      applicable.
16            (4)   The number of students enrolled in the public school
17      facility and a projection for student enrollment growth over
18      10 years, if applicable.
19            (5)   The building capacity limits as established by the
20      Department of Labor and Industry and standardized measures,
21      including the international building code for public school
22      facilities.
23            (6)   Whether the public school facility is an
24      administrative building, an instructional building, gymnasium
25      or a maintenance building.
26            (7)   The number of stories in the public school facility.
27            (8)   The size of the public school facility in square
28      footage. Architectural area and scheduled area shall be
29      calculated in accordance with 22 Pa. Code § 349.1 (relating
30      to definitions).

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 1            (9)    If available, the adequacy of instructional space in
 2      classrooms designated for learning and whether the space is
 3      in alignment with the educational specifications of the
 4      public school facility plan.
 5            (10)    The acreage of the public school facility site.
 6            (11)    The ownership status of the public school facility,
 7      including:
 8                   (i)    Owned by the school entity.
 9                   (ii)    Leased or rented to the school entity,
10            including an indicator of whether the school entity is
11            financially responsible for routine and preventative
12            facility maintenance costs.
13            (12)    The age of the public school facility, if known,
14      including dates and brief descriptions of any major
15      renovations or additions. This requirement may be met with a
16      third-party districtwide facility study.
17      (b)   Data submission.--No later than April 1, 2027, the
18   department shall establish a form and electronic process for
19   each school entity to submit the information required under
20   subsection (a).
21      (c)   Duties.--No later than December 31, 2027, each school
22   entity shall submit the information required under subsection
23   (a) to the department in a form and manner determined by the
24   department.
25      (d)   Technical assistance.--The department may provide
26   technical assistance to each school entity to ensure a complete
27   inventory under subsection (a).
28      (e)   Inventory update.--Beginning in the 2028-2029 school
29   year and every three years thereafter, the department shall
30   require each school entity to review and update the information

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 1   under subsection (a) as necessary to inform the department of
 2   substantial changes in school building use, occupancy,
 3   ownership, damages to school buildings or building closures.
 4   Section 704-A.       Public School Facility Advisory Committee.
 5      (a)   Establishment.--The Public School Facility Advisory
 6   Committee is established within the department.
 7      (b)   Duties.--The committee shall have the following duties:
 8            (1)   Make recommendations to the department pertaining to
 9      public school facility issues, including program
10      requirements, guidelines, funding structures to support
11      school entities to conduct assessments and address facility
12      deficiencies, regulations and support provided by the
13      department.
14            (2)   Periodically review the maintenance of the public
15      school building inventory under section 703-A(a) and provide
16      recommendations to the department regarding the maintenance
17      of the inventory.
18            (3)   Work in consultation with the department on
19      developing uniform criteria and measures for the assessment.
20            (4)   Make recommendations to the department and General
21      Assembly on how to ensure that each school entity addresses
22      deficiencies identified in the assessment, including, if
23      applicable, the best use of the rating scale developed under
24      section 705-A(a)(2).
25      (c)   Composition.--
26            (1)   The committee shall consist of the following
27      members:
28                  (i)   The following individuals appointed by the
29            Governor:
30                        (A)   An individual recommended by the

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 1             Pennsylvania Association of School Business Officials
 2             with experience in school facility operations.
 3                    (B)   An individual recommended by the
 4             Pennsylvania School Boards Association.
 5                    (C)   An individual recommended by the
 6             Pennsylvania Association of School Administrators.
 7                    (D)   An architect recommended by the American
 8             Institute of Architects of Pennsylvania with
 9             experience in school building projects.
10                    (E)   An engineer recommended by the Pennsylvania
11             Society of Professional Engineers with experience in
12             school building projects.
13                    (F)   An individual recommended by the
14             Pennsylvania State Building and Construction Trades
15             Council.
16                    (G)   An individual jointly recommended by the
17             Pennsylvania State Education Association and the
18             American Federation of Teachers Pennsylvania.
19             (ii)    The Secretary of Education or a designee, who
20        shall serve as the chairperson.
21             (iii)    The chief administrator for the department's
22        Division of School Facilities.
23             (iv)    The architect or structural engineer for the
24        department's Division of School Facilities.
25             (v)    An individual appointed by the President pro
26        tempore of the Senate.
27             (vi)    An individual appointed by the Minority Leader
28        of the Senate.
29             (vii)    An individual appointed by the Speaker of the
30        House of Representatives.

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 1                  (viii)    An individual appointed by the Minority
 2            Leader of the House of Representatives.
 3                  (ix)    The executive director of the State Public
 4            School Building Authority.
 5                  (x)    A public health official appointed by the
 6            Secretary of Health.
 7                  (xi)    An individual appointed by the Secretary of
 8            Environmental Protection.
 9                  (xii)    An individual appointed by the chairperson of
10            the Pennsylvania Commission on Crime and Delinquency.
11            (2)   If members are not initially appointed within 90
12      days of the effective date of this paragraph, or within 90
13      days of a vacancy, the Secretary of Education shall appoint
14      any qualified individual to fill the vacancy.
15      (d)   Meetings.--The committee shall:
16            (1)   Meet at the call of the chairperson.
17            (2)   Hold its first meeting within 45 days of the date
18      that all members are appointed to the committee.
19      (e)   Compensation and reimbursement.--The members of the
20   committee shall serve without compensation. Members shall be
21   reimbursed for the necessary expenses incurred in the
22   performance of the member's duties.
23   Section 705-A.        Statewide facility condition assessment.
24      (a)   Development.--
25            (1)   No later than six months after establishment of the
26      committee, the department, in consultation with the
27      committee, shall develop a uniform set of criteria and
28      measures for a request for proposals from third-party vendors
29      to evaluate the condition of the physical attributes and
30      educational suitability of each public school's facilities

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 1    under subsection (b). The following shall apply:
 2             (i)   The physical attributes shall include the
 3        following:
 4                   (A)   Structural components, including walls,
 5             floors, roofs, windows, doors and foundational
 6             components.
 7                   (B)   System components, including mechanical,
 8             electrical, plumbing, heating, ventilation and air
 9             conditioning. An HVAC system evaluation shall be
10             completed and must include:
11                         (I)    Testing for maximum filter efficiency.
12                         (II)    Measuring the outside air rate.
13                         (III)    Verifying ventilation components'
14                   operation.
15                         (IV)    Measuring air distribution through all
16                   inlets and outlets.
17                         (V)    Verifying unit operation and performance
18                   of required maintenance in accordance with the
19                   American Society of Heating, Refrigerating and
20                   Air-Conditioning Engineers standards, as the
21                   standard is published as of the effective date of
22                   this section. The department may identify a
23                   successor standard under this subclause and adopt
24                   the successor standard.
25                         (VI)    Verifying control sequences.
26                         (VII)    Verifying carbon dioxide sensors and
27                   acceptable carbon dioxide indoor air
28                   concentrations.
29                   (C)   Interior components, including finishes and
30             fixtures.

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 1                         (D)   Exterior components, including finishes and
 2                  fixtures.
 3                         (E)   Compliance with the requirements in the
 4                  Americans with Disabilities Act of 1990 (Public Law
 5                  101-336, 104 Stat. 327) in the construction,
 6                  maintenance and alterations of a public school
 7                  facility.
 8                         (F)   The physical components of the building that
 9                  create or have the potential to create:
10                               (I)    A risk of exposure to environmental
11                         hazards, including lead, asbestos and mold.
12                               (II)    Risk factors determined by the
13                         department.
14                               (III)    A risk of exposure to environmental
15                         hazards as determined by the results of testing
16                         for environmental hazards inside the public
17                         school facility completed within the last five
18                         years.
19                  (ii)    The evaluation may include a record of a
20            recently completed and scheduled major maintenance
21            project specified under section 2604-J(b).
22            (2)   No later than September 1, 2026, the department, in
23      consultation with the committee, shall develop guidelines and
24      phases for the third-party request for proposal to determine
25      the relative physical condition of each public school
26      facility.
27      (b)   Assessment.--To the extent that funding is available,
28   but no later than April 1, 2028, the department shall initiate a
29   process to complete an assessment of each public school facility
30   using the criteria and measures developed by the department

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 1   under subsection (a) in accordance with the following:
 2            (1)   The department may contract with third-party vendors
 3      to complete the assessment.
 4            (2)   The assessment may be completed in phases if the
 5      final phase is completed by June 1, 2031.
 6      (c)   Report.--
 7            (1)   No later than 30 days after the completion of the
 8      assessment, the department shall compile data from the
 9      assessment into a report that shall be shared with the
10      members of the committee, the President pro tempore of the
11      Senate, the Majority Leader and the Minority Leader of the
12      Senate, the Speaker of the House of Representatives, the
13      Majority Leader and the Minority Leader of the House of
14      Representatives, the chairperson and minority chairperson of
15      the Education Committee of the Senate and the chairperson and
16      minority chairperson of the Education Committee of the House
17      of Representatives.
18            (2)   The report shall:
19                  (i)    Include sufficient information to permit the
20            committee to review the status and scale of need for the
21            improvement and safety of public school facilities across
22            this Commonwealth.
23                  (ii)    Not include:
24                         (A)   Building plans or infrastructure records
25                  that expose or create vulnerability through the
26                  disclosure of the location, configuration or security
27                  of crucial systems, including:
28                               (I)    Public utility systems.
29                               (II)    Structural elements.
30                               (III)    Technology.

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 1                            (IV)    Communication.
 2                            (V)    Electrical.
 3                            (VI)    Fire suppression.
 4                            (VII)    Ventilation.
 5                            (VIII)    Water.
 6                            (IX)    Wastewater.
 7                            (X)    Sewage.
 8                            (XI)    Gas Systems.
 9                      (B)   Other information that would be exempted
10                  from disclosure under section 708 of the act of
11                  February 14, 2008 (P.L.6, No.3), known as the Right-
12                  to-Know Law.
13   Section 706-A.     Modernization plans.
14      Within one year of its receipt of a facility condition
15   assessment under section 705-A(c), each school entity shall
16   develop a plan for the modernization of its facilities based
17   upon the assessment results and shall post the plan on its
18   publicly accessible Internet website.
19   Section 707-A.     Secure master key box requirement.
20      (a)   Secure master key box installation.--
21            (1)   All public and private school buildings in this
22      Commonwealth shall have at least one exterior secure master
23      key box that meets Underwriters Laboratories Standard 1037,
24      as that standard is published as of the effective date of
25      this paragraph, installed at each school building to permit
26      emergency access by law enforcement from the exterior of a
27      school building. The department may identify a successor
28      standard under this paragraph and adopt the successor
29      standard.
30            (2)   The key box shall be capable of securely storing

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 1      keys to all locked doors within the school building and
 2      schematic diagrams of the school building.
 3            (3)   The school board or governing body of each school
 4      shall, in consultation with local law enforcement
 5      authorities, determine the precise location for the
 6      installation of the secure master key box.
 7      (b)   Notification and updates.--The school board or governing
 8   body of each school shall immediately notify local law
 9   enforcement of any changes to the locks, doors or other access
10   control devices on the main entrances or other critical access
11   points of the school building.
12      Section 3.    Section 2605-J of the act is repealed:
13   [Section 2605-J.    Building condition assessments.
14      (a)   Duties of department.--
15            (1)   The department shall develop guidelines for school
16      entities to voluntarily report information related to school
17      building safety, inventory and condition. The guidelines
18      shall include a building condition assessment to be
19      voluntarily completed every 10 years for school entities that
20      includes, but is not limited to, a projection of costs to
21      maintain and renovate existing school buildings.
22            (2)   The department shall post completed building
23      condition assessments on the department's publicly accessible
24      Internet website.
25            (3)   The department shall provide additional points under
26      the funding rubric contained in section 2604-J(d) for grants
27      applied for by school entities that complete building
28      condition assessments.
29      (b)   Completion incentive.--A school entity that completes a
30   building condition assessment shall receive a 2% increase above

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1   the amount calculated under section 2606-J. The department shall
2   develop a process, in coordination with the application process
3   in section 2602-J, for awarding an enhanced reimbursement for
4   completing a building condition assessment.]
5      Section 4.   This act shall take effect as follows:
6          (1)   The amendment of section 701.1 of the act shall take
7      effect in 60 days.
8          (2)   The remainder of this act shall take effect
9      immediately.




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