Pennsylvania Code
Title 22 - EDUCATION
Part XVI - Standards
Chapter 349 - SCHOOL BUILDING STANDARDS
Section 349.12 - Public hearings on school projects, district
Current through Register Vol. 54, No. 12, March 23, 2024
(a) Adoption of costs. The board of directors shall adopt a maximum project cost and a maximum building construction cost prior to the scheduling of a hearing:
(b) Notice. Notice of the hearing shall be published at least 20 days in advance of the hearing in accordance with section 106 of the Public School Code of 1949 (24 P. S. § 1-106). The notice shall include:
(c) Nature The board hearing shall be in the nature of a legislative hearing to receive public comment and shall not be considered an adjudication within the meaning of the Local Agency Law (53 P.S. §§ 11301-11311).
(d) New hearing. If, as a result of the hearing, the board decides to modify the size or design of a project, a new hearing shall not be required unless the changes are based on a different use for the project, for example, elementary to middle school. Nothing in this section shall prevent the board from holding additional hearings if it so desires.
(e) Second hearing. If, in accordance with the mandates of sections 701.1, 731, 733, and 735 of the Public School Code of 1949 (24 P. S. §§ 7-701.1, 7-731, 7-733 and 7-735), a second public hearing is required because the building construction cost upon receipt of bids exceeds by 8.0% or more the estimated costs first submitted to the Department, that hearing shall be properly published in accordance with section 106 of the Public School Code of 1949 (24 P. S. § 1-106). Nothing in this subsection shall be construed as preventing the board from advertising such hearing prior to receipt of bids and convening a hearing regardless of the status of the project building construction cost based upon bids.