Act 34 of 1973
Enabling Statute, Regulations, BECs | Act 34 Per Pupil Cost Limits | Compliance Checklist | Sample Hearing Materials
Act 34 of 1973 applies to all new buildings and buildings with substantial additions. It is applicable for both PlanCon projects and non-reimbursable projects not involved with the PlanCon application process.
Act 34 is applicable when a project becomes substantial enough in scope to require public meetings and further cost calculations. Maximum building construction costs, school building capacity, and aggregate building expenditures are all items examined via this process.
PlanCon reimbursement potential is forfeited when Act 34 compliance is not adhered to.
Enabling Statute, Regulations, BECs
Act 34 Per Pupil Cost Limits
Effective July 1, 2023 – June 30, 2024
Act 34 of 1973 applies to the construction of new school buildings, to new district administration office buildings, and to additions onto existing buildings of these types where the size of the additions is more than twenty percent of the existing building.
An Act 34 construction project requires a referendum if the Maximum Building Construction Cost exceeds the Aggregate Building Expenditure Standard. The Aggregate Building Expenditure Standard equals the project's Act 34 Building Capacity times the applicable Per Pupil Cost Limit. The Per Pupil Cost Limits are adjusted each fiscal year using the Building Cost Index History data published by Engineering News Record.
The Act 34 Per Pupil Cost Limits effective July 1, 2023 through June 30, 2024 are as follows:
These Per Pupil Cost Limits apply to construction projects when the PlanCon Part D "Project Accounting Based on Estimates" submittal is received by the Pennsylvania Department of Education from July 1, 2023 through June 30, 2024. For PlanCon Part G "Project Accounting Based on Bids" submittals, the Per Pupil Cost Limit figures to be used are the ones in effect for the fiscal year in which bids were opened on the general construction contract.
Please note that Act 34 requirements are applicable when PlanCon reimbursement is not being sought. Department review is not required.
If there are any questions, please contact the Division of School Facilities at (717)787-5993 or
Sample Hearing Materials
Sample Notice for First Act 34 Public Hearing
A public hearing will be held in the meeting room name at the building name, street address on hearing date & time for the purpose of reviewing all relevant matters relating to the construction and equipping of name of project building (the Project). A description of the Project, including facts with respect to educational, physical, administrative, budgetary and fiscal matters related to the Project, will be presented and will be available for consideration at such public hearing. The booklet will be available from date during business hours of the School District at building name and address.
The Board of School Directors of the School District by resolution duly adopted has authorized a ''maximum project cost'' of dollar amount and a ''maximum building construction cost'' of dollar amount in connection with the · Project. This public hearing is being held pursuant to requirements of the Pennsylvania Public School Code of 1949, approved March 10, 1949, as amended and supplemented, including amendments made pursuant to Act 34 of the Session of 1973 of the General Assembly.
All residents are invited to attend. Anyone wishing agenda time, or wishing to submit written testimony or both, should contact the secretary of the Board of School Directors until date before the hearing. Additional testimony will be received from the floor at the hearing.
Written comments regarding the project will be received by the secretary of the Board of School Directors until 12:00 noon, date no less than thirty days after Act 34 hearing date.
Sample Notice for Second Act 34 Hearing
A second Act 34 public hearing will be held in the meeting room name at the building name, street address on hearing date & time about description of project building (the Project). The purpose of the hearing is to inform the public about the difference between the estimated project costs for the Project and the actual costs of the Project following receipt of bids, and to receive public comments.
The second Act 34 public hearing is being held pursuant to the Pennsylvania Public School Code of 1949, as amended. The Act 34 Maximum Project Cost for this Project based on bids is dollar amount. The Act 34 Maximum Building Construction Cost based on bids is dollar amount.
The first Act 34 hearing for this Project was held at building name, street address on hearing date & time.
A description of the Project may be obtained during the business hours of the school district at building name and address. All interested residents or taxpayers of the school district will have an opportunity to be heard at the public hearing. All interested persons may also submit written testimony to the secretary of the Board of School Directors until 12:00 noon on date established by the board.