Wednesday, April 26, 2017





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.