PRINTER'S NO. 166
No. 156 Session of 1997
INTRODUCED BY YOUNGBLOOD, THOMAS, HENNESSEY, CLARK, KAISER,
LAUGHLIN, RAMOS, BOSCOLA, DALEY, PISTELLA, PESCI, MYERS AND
HORSEY, JANUARY 29, 1997
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 1997
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, providing for educational
3 guardianship.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 20 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 5148. Educational guardianship.
9 (a) Appointment of guardian.--A parent, legal guardian or
10 legal custodian may authorize an adult person in whose care a
11 minor has been entrusted to exercise all rights and
12 responsibilities regarding the enrollment in school and
13 education of the minor, including the rights provided under the
14 special education laws, provided that there is no prior order of
15 any court in any jurisdiction which would prohibit the parent,
16 legal guardian or legal custodian from exercising the power that
17 they seek to convey to another person.
18 (b) Form.--Any written form that is signed by the parent,
1 legal guardian or legal custodian may be used to convey the
2 authority described in subsection (a). The form below is offered
3 as a sample only and its inclusion in this section shall not be
4 construed to preclude the use of alternative language.
5 SAMPLE EDUCATIONAL GUARDIANSHIP FORM
6 (PUT A LINE THROUGH ALL PROVISIONS THAT ARE NOT APPLICABLE)
7 ( ) I am the parent of the child(ren) named below and there
8 are no court orders now in effect which would
9 prevent me from giving the powers listed in this
10 document;
11 ( ) I am the legal guardian or legal custodian of the
12 child(ren) listed below, pursuant to a court order (a
13 copy of which is attached if available), and there
14 are no other court orders now in effect which would
15 prohibit me from exercising the power I seek to
16 convey in this document.
17 I am temporarily giving to ( Name ), an adult
18 who resides at ( Address ), the right
19 to exercise all my rights in the education of the children
20 listed below, including, but not limited to, the right to sign
21 all documents necessary to enroll or maintain the child(ren) in
22 school, all rights necessary to secure and approve or disapprove
23 special education services for the child(ren) and the right to
24 review, copy and correct records for the child(ren). The
25 children these rights apply to are:
26 (Name and Date of Birth) (Name and Date of Birth)
27 (Name and Date of Birth) (Name and Date of Birth)
28 I am giving this authorization freely and knowingly in order
29 to provide for the child(ren) while they are in the care of the
30 adult named above and not due to pressure, threats or offers of
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1 payment by any person or agency.
2 Notification of intent to end or change this authorization
3 must be in writing.
4 (If you wish to make an agreement about how to end or change
5 these rights, you may fill in or change this paragraph. If you
6 do not wish to make that kind of agreement, cross out this
7 paragraph).
8 Upon notification of my intention to revoke this
9 authorization, there shall be a period of 30 days before that
10 revocation takes effect.
11 I hereby swear or affirm that the above statements are true.
12 I understand that false statements are made subject to the
13 penalties of 18 Pa.C.S. § 4904 (relating to unsworn
14 falsification to authorities).
15 (Name ) (Date )
16 (c) Use by educational entity.--A conveyance of authority
17 described in subsection (a) which is consistent with the
18 requirements of subsection (b) shall be honored by any school
19 district, intermediate unit or other public education entity.
20 Notwithstanding subsection (e), the existence of a written
21 document conveying any authority described in subsection (a)
22 which is consistent with the requirements of subsection (b)
23 creates a presumption that the authority has been lawfully
24 conveyed.
25 (d) Revocation of guardianship.--A conveyance of authority
26 as described in this section is revocable at will, unless other
27 terms are agreed upon by the parent, legal guardian or legal
28 custodian and the adult to whom authority is being conveyed. The
29 parties may provide for terms in writing which would require the
30 revocation of authority to be in writing, make revocation
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1 effective only when a specified time period has elapsed after
2 notification of intent to revoke or any other terms that the
3 parties deem appropriate.
4 (e) Dependency proceedings.--This section is not intended to
5 provide a substitute for dependency proceedings conducted under
6 42 Pa.C.S. Ch. 63 (relating to juvenile matters). The execution
7 of a document conveying any authority described in subsection
8 (a) shall not be binding in any future custody or dependency
9 proceedings. Regardless of the execution of any document in
10 accordance with this section, any future custody or dependency
11 determination shall be based upon the best interests of the
12 child or other applicable legal standard.
13 Section 2. This act shall take effect in 60 days.
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