PRINTER'S NO. 165
No. 151 Session of 1985
INTRODUCED BY BURNS, GALLAGHER, COLAFELLA AND LESCOVITZ,
FEBRUARY 4, 1985
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 4, 1985
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," establishing alternative education
6 programs for the education of disruptive students.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding an
11 article to read:
12 ARTICLE XIX-A
13 ALTERNATIVE EDUCATION PROGRAMS
14 Section 1901-A. Definitions.--For purposes of this article
15 the following terms shall have the following meanings:
16 "Alternative education program." Any program requesting
17 funds under the provisions of this act, which program is
18 implemented by a school district, area vocational-technical
19 school, group of school districts or intermediate unit, which
1 removes disruptive students from regular school programs in
2 order to provide those students with a sound educational program
3 and a school counseling program designed to modify disruptive
4 behavior and return the students to a regular school program.
5 "Applicant." A school district or intermediate unit or a
6 combination of school districts, area vocational-technical
7 schools and intermediate units which apply for grants under this
8 article.
9 "Community resources." Those agencies and services for
10 children and youth provided by the juvenile court and the
11 Departments of Health and Public Welfare.
12 "Curriculum." Those planned courses and instructional and
13 counseling methods approved by the secretary which are designed
14 to eliminate disruptive behavior.
15 "Disruptive student." A student who exhibits any or all of
16 the conditions listed below to such an extent that they either
17 interfere significantly with the learning of the student or
18 disrupt the learning of other students in the class or school:
19 (1) Chronic truancy.
20 (2) Rebelliousness toward school officials.
21 (3) Physical disruptiveness while in school or on school
22 grounds.
23 (4) Persistent violation of legally adopted school rules and
24 regulations.
25 (5) Display of misuse of drugs or alcohol during school
26 hours.
27 "School." Any school classified by the Department of
28 Education as a middle school, junior high school, senior high
29 school or area vocational-technical school.
30 "Secretary." The Secretary of Education.
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1 Section 1902-A. Programs.--School districts may develop and
2 implement an alternative education program in accordance with
3 this article. School districts may pool monetary and personnel
4 resources with other school districts, intermediate units and
5 area vocational-technical schools to provide alternate education
6 programs.
7 Section 1903-A. Eligibility.--Disruptive students who are
8 not eligible for placement in classes for exceptional children,
9 as defined in section 1371 of this act, are eligible for
10 placement in an alternative education program.
11 Section 1904-A. Local Planning Requirements.--Applicants
12 seeking funds under this article shall include the following
13 information in the application for a grant:
14 (1) A needs assessment to determine the scope, type and
15 severity of student disruption.
16 (2) A resource assessment to indicate community and school
17 resources available to the applicant for the remediation of
18 student disruption.
19 (3) A curriculum using school and community resources
20 designed to remediate student needs determined through the needs
21 assessment.
22 Section 1905-A. Applications.--Applicants shall submit
23 applications at the time, in the manner, and containing or
24 accompanied by such information as the secretary may prescribe
25 but, in any case, shall document the following:
26 (1) The program is developed in consultation with the
27 faculty and administrative staff of the school.
28 (2) The school board has established policies to determine
29 those students who are eligible for placement in the alternative
30 education program, which policies shall include a procedure for
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1 informing the student of the reasons for the placement and an
2 opportunity for the student to respond before the placement
3 becomes effective. However, in the case of an assault by a
4 student, or other serious offense, the offending student shall
5 be transferred immediately into the alternate education program,
6 absent any legal action against the student by the district. The
7 opportunity to respond to such placement shall be provided to
8 the student as soon thereafter as is practical.
9 (3) The program utilizes appropriate certificated school
10 personnel to help modify disruptive behavior.
11 (4) The program provides participating students with the
12 courses of instruction which recognize their special needs and
13 qualify the students for graduation.
14 (5) The program is only used when other established methods
15 of discipline have been utilized and have failed unless the
16 seriousness of the student's behavior warrants immediate
17 placement.
18 Section 1906-A. State Assistance.--(a) School districts
19 shall be reimbursed by the Commonwealth one hundred and twenty-
20 five dollars ($125) per pupil for each nine (9) weeks a student
21 is enrolled in the alternative education program up to a maximum
22 of five hundred dollars ($500) per year. The Commonwealth shall
23 not provide funding for more than two per centum (2%) of the
24 average daily membership of students enrolled in grades 7
25 through 12.
26 (b) The Department of Education shall reimburse programs
27 operating during the 1985-1986 school year under the provisions
28 of subsection (a) of this section. Programs requesting funding
29 shall comply with the provisions of sections 1902-A, 1903-A,
30 1904-A and 1905-A.
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1 Section 2. This act shall apply to existing programs
2 requesting funding for the 1985-1986 school year.
3 Section 3. Nothing contained in this act shall be construed
4 to supersede or preempt any provisions of a collective
5 bargaining agreement negotiated by a school entity and an
6 exclusive representative of the employes in accordance with the
7 act of July 23, 1970 (P.L.563, No.195), known as the Public
8 Employe Relations Act.
9 Section 4. This act shall take effect July 1, 1985.
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