COMMONWEALTH OF PENNSYLVANIA BEFORE THE STATE BOARD OF EDUCATION IN RE: APPLICATION OF ERIE COUNTY : Docket No. 2019-00) \s =| SEEKING TO ESTABLISH A COMMUNITY RECE! i D COLLEGE : JAN 08 2020 PA. STATE Bongits ‘OF EDUCATION ANSWER TO PETITION TO INTERVENE OF NORTHERN PENNSYLVANIA REGIONAL COLLEGE, Pursuant to 1 Pa, Code § 35.35, the County of Brie (“County”), by and through its undersigned counsel, files the within answer to the petition to intervene filed by the Northen Pennsylvania Regional College (“NPRC”). In support hereof, the County avers as follows: INTRODUCTIO! The County denies NPRC’s allegations that the proposed Community College would result in an unnecessary duplication of services in Erie County. To the contrary, as indicated in the County’s Plan, and as confirmed by the Pennsylvania Department of Education (“Department”) in its report after reviewing the Plan, the area at issue is not adequately served by established institutions of higher education, As specifically found by the Department, “there continues to be unmet educational need” in this area. See Department Report on Erie County Community College Plan dated October 28, 2019 (“Department Report”), at p. 9. It is further denied that the proposed Community College would directly compete with the NPRC, as the NPRC does not offer the same educational opportunities that the proposed Community College would for the residents of Erie County. ‘The above notwithstanding, the County does not oppose NPRC’s petition to intervene in this matter. 19619946011. Denied as stated, It is admitted that the NPRC is a non-profit regional college established pursuant to Article XIX-G of the Public School Code, 24 P.S. § 19-1901-G ef seq., with a principal place of business as indicated in the Petition, te Denied as stated. It is admitted that the NPRC lists its mission on its website as “[t]o provide affordable and accessible post-secondary education to the residents of northern Pennsylvania.” It is denied that its mission statement mentions the residents of Erie County. 3. Admitted. 4. Denied. The County is without information sufficient to determine the truth of the averments of this paragraph, and therefore denies same. 5. Admitted. 6. Denied, ‘The County is without information sufficient to determine the specific demographics of NPRC’s student body, and therefore denies the allegations of same. It is, specifically denied that NPRC is meeting the educational needs of Erie County that the proposed Community College would serve. 7. Denied. ‘The County is without information sufficient to determine the truth of the averments of this paragraph, and therefore must deny same. 8. Denied as stated, It is admitted that NPRC has rented existing classroom space in Erie County, which is shared with other tenants and/or institutions. It is denied that NPRC has rented exclusive space for its own use. 9. Denied. The County is without information sufficient to determine the truth of the averments set forth in this paragraph, and therefore denies same. 10. Denied as stated, The County is without information sufficient to determine the quality of NPRC’s course offerings, and therefore must deny all averments relating to same. Infurther answer, it is specifically denied that NPRC’s offerings are easily accessible, student centered, or highly responsive to existing and emerging community needs of Erie County. To the contrary, and as specifically found by the Department of Education, the educational needs of Frie County are not being met by established institutions of higher education. In further answer, and as compared to the comparative projected costs of the course offerings by the proposed Community College, itis denied that NPRC’s offerings are low-cost. 11, Denied as stated, It is admitted that NPRC’s class sizes are small, and some number meet after 2:00 p.m. It is denied that the class size or time offered is specifically designed to meet, or in fact meets, the unserved educational needs of Erie County, 12, Denied as stated. It is admitted that NPRC is attempting to provide educational services to Erie County, It is denied that NPRC is meeting the educational needs of Brie County that the proposed Community College would serve. 13, This paragraph contains only conclusions of law which require no response. As the County is not opposing NPRC’s Petition to Intervene, no further response is necessary. 14, Denied, It is denied that the proposed Community College would do nothing more than duplicate the educational offerings currently provided by the NPRC. ‘The County's Plan specifically addresses this issue, and the County incorporates by reference the contents of same in further response, Additionally, the County incorporates by reference the Department Report, which specifically found that notwithstanding the offerings of NPRC, the Erie County area is not adequately served, resulting in unmet educational need. Department Report at p. 9. 15. Denied as stated. ‘The County’s Plan is a document which speaks for itself, and Petitioner's characterizations of same are denied. The County refers this Board to its Plan in further answer, In addition, as the County's Plan demonstrates, and as the Department hasconfirmed for itself, the postsecondary educational needs of Erie County are not currently being met. 16, Denied as stated, The County’s Plan, as originally submitted, had a projected total enrollment for year one of 1,529 students. On December 21, 2018, in response to a request for information from the Department of Education, the County submitted an updated Plan which, inter alia, revised the enrolled projections for years one through five of operations. ‘The County incorporates by referenee its December 21, 2018 submission in further response 17. Denied. It is denied that the NPRC has existing capacity to meet the unmet postsecondary education needs of Erie County residents, It is further denied that NPRC is currently offering equivalent educational opportunities to those that would be offered at the proposed Community College. 18, Denied. It is denied that Erie County Community College would be duplicating the NPRC’s educational offerings, for the reasons already stated. The remaining averments are conclusions of law that require no response. As the County is not opposing NPRC’s Petition to Intervene, no further response is necessary. 19, Denied. It is denied that the NPRC is capable of introducing evidence that would indicate that the proposed Community College would merely duplicate the NPRC’s services, as such evidence does not exist. 20. Denied, It is denied that among the nine counties that NPRC indicates it serves, Frie is primary focus, or that NPRC is currently competitive in the Erie County market in providing the services that the proposed Community College would offer 21. Denied, It is denied that the NPRC is effectively addressing now, or capable of effectively addressing prospectively, the postsecondary needs of the Erie County population.22. Denied as stated, It is admitted that the NPRC is offering services pursuant to the authority granted by the Department of Education. It is denied that the authority granted to the NPRC was or tended fo prevent the establishment of community colleges in NPRC’s service ‘area, to the extent that the requirements set forth in Article XIX-A of the Public School Code have been met. In further answer, and as the Department has concluded in its Report, the County’s application has met those requirements. 23. Denied for the reasons already stated above. In further answer, in order to be competitors, two entities must offer comparatively similar services, For the reasons stated in the County’s Plan, that is not the case here. 24. Denied. ‘The County is without information sufficient to determine who NPRC considers its competitors to be, and therefore must deny the allegations related to same. For the reasons already stated, the proposed Community College would not be offering duplicative services. 28. Denied for the reasons already stated above. 26. This paragraph contains only conclusions of law which require no response. As the County is not opposing NPRC’s Petition to Intervene, no further response is necessary. 27. Denied. It is denied that the NPRC is capable of introducing such evidence, as such evidence does not exist 28. Denied. The County is without information sufficient to determine what evidence the NPRC has, or the relevaney of such evidence to the matter at issue, and therefore must deny the averments related to same.29. Denied, The County is without information sufficient to determine what evidence the NPRC has, or the relevaney of such evidence to the matter at issue, and therefore must deny the averments related to same, WHEREFORE, Erie County does not oppose NPRC’s Petition to Intervene, but rather, defers to the discretion of this Board in determining whether their participation is appropriate under 1 Pa, Code § 35.28. Respectfully submitted, ~. POST & SCHELL, P.C. = aie Dated: January 3, 2020 eons OA. : eqns 1 Kus, Fina, ID No.21589 Michael W. Winfield, Esquire ID No. 72680 17 North Second Street, 12" Floor Harrisburg, PA 17101 (NN 731-1970COMMONWEALTH OF PENNSYLVANIA STATE BOARD OF EDUCATION IN RE: 7 APPLICATION OF ERIE COUNTY : Docket No. 2019-001 SEEKING TO ESTABLISH A COMMUNITY: COLLEGE 7 CERTIFICATE OF SERVICE Thereby certify that I have this date caused a true and correct copy of the foregoing document to be served upon the following as indicated below: Via First Class U.S. Mail, Postage Prepaid: ‘Thomas P, Howell, Esquire Deputy General Counsel Governor's Office of General Counsel Commonwealth of Pennsylvania 333 Market Street, 17th Floor Harrisburg, PA 17101 Kate Brock, Chairperson, Board of Trustees 300 Second Avenue, Suite 500 Warren, PA 16365 Attorney for Petitioner Northern Pennsylvania Regional College Dated: January 3, 2020 Pa, Supreme Court I.D. No, 72680 POST & SCHELL, P.C. 17 North Second Street, 12" Floor Harrisburg, PA 17101 Telephone: (717) 612-6024 Facsimile:: (717) 720-5393 MWinfield@PostSchell.com Attorneys for County of Erie