When a school district undertakes a major school construction project and seeks reimbursement from the Commonwealth of Pennsylvania, a process known as PlanCon is initiated.
PlanCon is an acronym for Planning and Construction Workbook, and is a set of forms and procedures used to apply for reimbursement. The forms are designed to: (1) document a local school district's planning process; (2) provide justification for a project to the public; (3) ascertain compliance with state laws, regulations, and standards; and (4) establish the level of state participation in the cost of the project.
Applications for PlanCon 2.0 (under Act 70 of 2019) & the Maintenance Program (under Act 70 of 2019) for the 2023/2024 school year are not being accepted. This does not affect the PDE-2071 Reimbursement Applications for existing projects.
Emergency Closures
The PDE Division of School Facilities serves in an advisory capacity for matters related to emergency school closures. The following section should be referenced before sending any post-incident reports to the Department's attention to receive an opinion on applicability and adherence to the provision.
- Emergency Report Form (Word)
Emergency Provision
24 P.S. § 7-751 : Section 751 of the School Code includes the following emergency provision:
If due to an emergency a school plant or any part thereof becomes unusable, competitive bids for repairs or replacement may be solicited from at least three responsible bidders, and, upon the approval of any of these bids by the board of school directors, the school district may proceed at once to make the necessary repairs or replacements in accordance with the terms of said approved bid or bids; and provided further, that the school district shall notify the Secretary of Education in a form and manner determined by the Secretary of Education that an emergency has occurred and a bid has been selected under the emergency process provided for in this section.
Frequently Asked Questions
Below is a list of frequently asked questions designed to assist public school entities in utilizing Section 751's emergency provision.
Emergencies under Section 751 are limited to situations or events that have actually occurred rendering the school facility's affected area or system closed or unusable.
Many urgent situations arise in school facilities that are not considered Section 751 emergencies. Examples include:
- Potential closures such as structural repair work that needs to be performed on a stadium's grandstand so that it can remain open for use.
- Potential system failures such as boiler repair work that needs to be performed so that a school building's heating system does not fail.
- Timeline urgencies such as flooring work that needs to be performed before a school building opens for the academic year.
This emergency provision is applicable to all public school districts, charter schools, career and technical centers, and intermediate units where the intermediate unit is housed in a facility owned by a public school district.
If the definition of an emergency is met, this emergency provision can be utilized, and the situation or event can be remedied as follows:
- The requirement to advertise the corrective work for bids is waived, allowing the school entity to solicit bids for the corrective work from at least three separate contractors.
- There is no requirement to receive three bids. However, if more than one bid is received, an award needs to be made to the lowest responsible bidder.
- Following an award of the corrective work, there is a post-event reporting requirement. Compliance with this reporting requirement is met by completing and submitting the following form (Emergency Report Form) to the Division of School Facilities.
No. Work performed under this emergency provision is not subject to the multiple prime contract requirement also cited in Section 751 of the School Code.
Yes. Using this emergency provision does not benefit a school entity when the total estimated cost for the corrective work falls within or below certain cost thresholds listed in Section 751.
- If the total estimated cost for the corrective work falls between $12,600 and $23,200, using the emergency provision is of no benefit to the school entity, because this cost range is already subject to a three bid solicitation.
- If the total estimated cost for the corrective work is less than $12,600, the school entity can simply make an award to the contractor of their choosing, since this cost range is not subject to advertising for bids nor a solicitation of three bids.
Please note that the cost thresholds indicated in this example change every January 1 based upon a consumer price index formula calculated by the Pennsylvania Department of Labor & Industry. A school entity should consult with their solicitor to determine whether the cost of work falls within or below these annually updated cost thresholds.
If an insurance company is involved, and they will directly obtain, contract, and pay the corrective work contractor, there is no need to treat the matter as an emergency.
Long Term Rentals
Building Leases Eligible for State Reimbursement
Under Section 703.1 of the Public School Code of 1949, as amended, school districts have the authority to lease for five or more years existing buildings or buildings constructed or renovated for school use. By law, Department approval of the lease agreement is required before the building lease is executed. Section 2574.2 provides reimbursement for buildings leased under Section 703.1.
As defined in Section 2574.2, reimbursement for approved leases of buildings constructed for school use is based on the lesser of (1) the annual rental multiplied by the ratio of the scheduled area to architectural area or (2) the rated pupil capacity multiplied by $160 for elementary schools, $220 for secondary schools, and $270 for area vocational technical schools. Reimbursement for approved leases of existing buildings altered for school use is based on the lesser of (1) the annual rental multiplied by the ratio of the scheduled area to architectural area or (2) the rated pupil capacity multiplied by $112 for elementary schools, $154 for secondary schools, and $189 for area vocational technical schools.
For leases authorized by Section 703.1 to qualify for state reimbursement, the following must be submitted: (1) PlanCon Part A "Project Justification," except page A21; (2) a draft lease agreement; (3) the number of rooms to be leased; (4) a scheduled area floor plan drawing of the building showing door swings and identifying scheduled spaces with the calculated area noted therein and perimeter clearly marked; (5) a Department of Labor and Industry Certificate of Occupancy. During the term of the building lease, updated information must be submitted on an annual basis if the lease provisions permit the lease amount, the number of rooms or square footage to change. Amendments affecting lease costs or room use must also be submitted for our review and approval.
As per Basic Education Circular 24 P.S. 7-733, a school district-wide facility study must be completed prior to and within two years of the date of the PlanCon Part A submission.
Contact Us
Bureau of Budget and Fiscal Management, Division of School Facilities
607 South Drive, Harrisburg, PA 17120
717-787-5993 | RA-SchoolFacilities@pa.gov
| PDE Staff Name | Responsibilities | |
|---|---|---|
| Jesse Fry, Division Chief | Long-Term Rentals, Non-Reimbursable Constructions Projects, PlanCon Part A, PlanCon Part B, PlanCon E, PlanCon F, PlanCon I | jefry@pa.gov |
| James Grant, School Construction Financial Management Specialist | PlanCon Part H, PlanCon Part K, Emergencies, School Building Closures, Maintenance Program (2.0) | jagrant@pa.gov |
| Jason Drayer, Education Administration Specialist | Act 34, Budget Inquiries, Charter School, PlanCon Part C, PlanCon Part D, PlanCon G, PlanCon Part J | jadrayer@pa.gov |
| Amanda Schoffstall, Fiscal Management Specialist | Charter Schools, PlanCon Part J Extensions, PDE Forms: 2071's, 418's, 419's | aschoffsta@pa.gov |