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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

22 Pa. Code § 349.12. Public hearings on school projects, district.

§ 349.12. Public hearings on school projects, district.

 (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:

   (1)  the date, the time, and location of the hearing;

   (2)  the type of facility to be constructed;

   (3)  the maximum project cost;

   (4)  the maximum building construction cost;

   (5)  the availability of a description of the project;

   (6)  the manner by which a resident may gain agenda time or submit written testimony, or both; and

   (7)  such other information as is deemed necessary by the board.

 (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.

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