RE: Square Footage Per Student Question
A question was asked at the 4/24/17 School Board meeting about the number of square feet required per student in the elementary schools. The Shippensburg Area School District's solicitor, Mr. Repak, researched the question and provided the following information below.
Per Mr. Repak:
Classroom size requirements are
under Pennsylvania Regulations, Title 22. Education.
Chapter 53 and 55, which contain
the floor space provisions as previously mentioned, are located under “Part
II. State Board of Private Academic Schools.” Those wouldn’t
apply to our situation as this school is not a private institution. This
is crystal clear through PDE’s opinion and the reason why we had to complete a
780 hearing if the board chooses to close the building. For that reason,
this provision does not pertain to Shippensburg Area School District.
The General Provisions which are
found in Chapter 51, immediately before the floor space provisions, analyze the
exact terms and how they are used. Again, for your review the below is
such definitions and all refer to private schools or junior colleges, but none
refer to public school districts k-12.
The following words and terms, when used in this
part, have the following meanings, unless the context clearly indicates
otherwise:
Approved institution—A junior college, community
college, college or university approved by or recognized by the Department to
award degrees.
Board—The State Board of Private Academic Schools.
Department—The Department of Education of the
Commonwealth.
Director—A professional appointed by a private
academic school and approved by the Board as the educational administrator of
the school.
Pennsylvania teaching certificate—A valid Pennsylvania
professional teaching certificate issued under Chapter 49 (relating to
certification of professional personnel), or a private academic teaching
certificate.
Private academic school—A school that maintains or
conducts classes for the purpose of offering instruction for consideration,
profit or tuition, to five or more pupils at one time, or to 25 or more pupils
during the school year, the purpose of which is to educate an individual
generally or specially or to prepare an individual for more advanced study. The
term includes schools engaged in this type of education, except private trade
schools, private business schools, private correspondence schools, any other
school which is nonacademic in character, a nonpublic non-licensed school or
classes owned or operated by or under the authority of a bona fide religious
institution, or a school accredited by an accrediting association approved by
the State Board of Education. These schools may include, but are not limited
to, the following:
(i) Nursery
school and kindergarten.
(ii) Elementary
and secondary schools.
(iii) Special
education schools.
(iv) Tutoring
centers.
(v) Educational
testing and remedial centers.
Professional staff—Those who work for the school in an
administrative, supervisory or teaching capacity, or who provide health or
guidance services. The term includes, but is not limited to, administrators,
directors, principals, headmasters, headmistresses, supervisors, teachers,
psychologists, school counselors and nurses.
Student—A person enrolled in a school which is
regulated by the provisions of this part.
As you can see this section does
not apply to the Shippensburg Area School District.
Finally, Chapter 349 is under
“Part XVI. Standards” and gives approximate square footage per student,
and does not explicitly exclude the “offices, sanitary facilities, storage
spaces and other auxiliary rooms.” There is also an exception listed that
appears to have been inadvertently omitted. This provision, in short,
states that we can be up to 9% deficient in the space allocated and still be in
compliance, but once it gets to 10%, you need DOE approval. Again,
we are in compliance with the guidelines for spacing as provided.
