In the near future, we will be introducing legislation to bring public transparency to a decision that is made almost entirely behind closed doors:  whether a public institution of higher education may close a branch or campus.

Under current law, the Secretary of Education must approve or disapprove an application by a public institution of higher education to discontinue a branch or campus.  This approval requirement has existed in law for decades, but nothing in the law requires the Secretary to notify the public, the Legislature,  or the affected community that an application has even been filed, let alone take public comment or hold a hearing before deciding.

Penn State’s Board of Trustees has voted to close seven of its Commonwealth Campuses, and an application seeking the Secretary’s approval is now pending.

Our legislation does not change who has authority to approve a branch or campus closure, and it does not give the Legislature a veto over the Secretary’s decision.  It simply requires that the decision be made in the open.

Upon receiving a closure application, the Secretary must publish notice in the Pennsylvania Bulletin, and post the full application and supporting materials on the Department’s website.

The public is provided with a thirty-day comment period, and the Secretary’s final determination must respond in writing to the objections raised.

In addition, it provides a right to request a hearing for the legislators who represent the affected community, the local government where the campus is located, or a meaningful showing of public interest.

Finally, the bill eliminates the default approval if the Secretary fails to make a decision within six months.  If the Secretary does not decide within six months, then the institution can ask Commonwealth Court to order a decision within 30 days.  The final determination of the Secretary must be posted on the Department of Education’s website.

This bill represents modest procedural changes and will ensure that that the public can be heard before a final decision. 

Please join us in co-sponsoring this legislation.