PRINTER'S NO. 616
No. 546 Session of 2007
INTRODUCED BY O'NEILL, BAKER, BOYD, BROOKS, BUXTON, CALTAGIRONE,
CLYMER, COX, CREIGHTON, CURRY, EVERETT, FAIRCHILD, FRANKEL,
GEIST, GINGRICH, HANNA, HARHART, HENNESSEY, KAUFFMAN, MANN,
MENSCH, PEIFER, PETRONE, READSHAW, REED, REICHLEY, SAYLOR,
SCAVELLO, SCHRODER, SOLOBAY, STERN AND SURRA, MARCH 6, 2007
REFERRED TO COMMITTEE ON EDUCATION, MARCH 6, 2007
AN ACT
1 Providing for procedures for students expelled from school and
2 for powers and duties of boards of school directors.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Student
7 Responsibility Law.
8 Section 2. Declaration of policy.
9 The General Assembly finds and declares as follows:
10 (1) The right of children in this Commonwealth to a
11 public education is conditioned upon their compliance with
12 the rules and regulations of the school entity they attend
13 and other requirements of law.
14 (2) The board of school directors of every public school
15 entity possesses the authority to suspend or temporarily or
16 permanently expel any student and reinstate such student upon
1 terms and conditions established by the board.
2 (3) The parents or legal guardians of school-age
3 students expelled from the school entity have the
4 responsibility to assume the costs of providing these
5 students with an education during the period of time the
6 students are expelled.
7 (4) Students in the public schools of this Commonwealth
8 have the responsibility to conduct themselves in accordance
9 with the rules and regulations established by the board of
10 school directors of each school entity. Failure by students
11 to abide by such rules and regulations may result in their
12 suspension or expulsion from the public schools or other
13 discipline.
14 (5) The taxpayers of this Commonwealth should be
15 relieved from the responsibility of paying for the education
16 of students expelled from the public schools.
17 Section 3. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Actual cost." The additional incremental expenditure by the
22 entity in order to provide an alternate placement program to a
23 particular expelled student, minus the amount of any subsidy,
24 reimbursement, grant moneys or other funding received by the
25 entity from nonlocal sources specifically for the purpose of
26 providing an alternate placement program to that student.
27 "Alternate placement program." Educational services provided
28 to an expelled student, such as placement in another school,
29 home tutorial or correspondence study, or other approved
30 program, or combination thereof, which satisfy compulsory
20070H0546B0616 - 2 -
1 education requirements applicable to expelled students.
2 "Board." The board of school directors or trustees of a
3 school entity.
4 "Compulsory education requirements." The minimum educational
5 requirements for children of compulsory school age as
6 established in section 1327 of the act of March 10, 1949
7 (P.L.30, No.14), known as the Public School Code of 1949, and
8 implementing regulations thereto.
9 "Department." The Department of Education of the
10 Commonwealth.
11 "School entity." A public school district, charter school,
12 intermediate unit or area vocational-technical school.
13 "State board." The State Board of Education of the
14 Commonwealth.
15 Section 4. Education of expelled students of compulsory school
16 age.
17 (a) General rule.--Except as provided in subsection (c), no
18 school entity shall be required to expend funds for the
19 education of any student of compulsory school age who is
20 expelled from the school entity during the expulsion period or
21 the 12-month period beginning with the date of expulsion,
22 whichever is less.
23 (b) Placement.--Within 30 days of the date of expulsion, the
24 parents or legal guardians of an expelled student of compulsory
25 school age shall comply with the following:
26 (1) Make arrangements for the education of the student
27 in compliance with compulsory education requirements, at no
28 cost to the school entity, through placement in another
29 school, through tutorial or correspondence study or through
30 another approved educational program.
20070H0546B0616 - 3 -
1 (2) Notify the school entity of the placement made.
2 (c) Financial inability to provide alternative education
3 placement.--
4 (1) If the parents or legal guardians demonstrate to the
5 school entity's board or the board's designee that after a
6 bona fide effort, they are unable to provide for an alternate
7 placement program because neither they nor the student have
8 access to sufficient financial resources, then the school
9 entity shall provide for such alternate placement program for
10 the student as the board in its sole discretion determines to
11 be appropriate. The board may, in its discretion, require an
12 expelled student and/or the parents or legal guardians of the
13 expelled student to pay for all or such part of the entity's
14 actual cost of providing such alternate placement program as
15 is determined to be within the financial ability of the
16 student and/or parents or legal guardians, or to permit the
17 student and/or the parents or legal guardians to perform a
18 given number of hours of community service during the period
19 of expulsion in lieu of such payment in accordance with
20 procedures and conditions determined by the board. The
21 assigned hours of community service shall not be on the
22 property of the school entity and shall not benefit the
23 school entity unless agreed to by the school entity. A board
24 may not schedule the hours of community service during a time
25 or at a location that conflicts with the paid employment of
26 the individual assigned to complete the community service.
27 (2) The school entity shall establish procedures by
28 which the parents or legal guardians may apply to the school
29 entity for a determination of financial inability to provide
30 a sufficient alternate placement program, and may require the
20070H0546B0616 - 4 -
1 parents or legal guardians and student to submit proof in the
2 form of financial or tax documents, affidavits or other
3 evidence of such financial inability. In the event an
4 application for determination of financial inability is
5 initially denied, the parents or legal guardians shall be
6 offered the opportunity for a hearing before the board or the
7 board's designee. The parents or legal guardians may appeal
8 the determination of the board or the board's designee to
9 court in accordance with the provisions of the Local Agency
10 Law as defined in 2 Pa.C.S. § 105 (relating to Local Agency
11 Law). The court in any such appeal shall not have
12 jurisdiction to review or alter any determination of the
13 school entity's board or officials relating either to the
14 nature or extent of the alternate placement program provided
15 by the school entity, or to the board's prior decision to
16 expel or impose other discipline upon the student.
17 (3) Any student whose alternative placement program is
18 provided by the school entity shall submit a sworn affidavit
19 signed by the student and the student's parents or legal
20 guardians stating that the student agrees to comply with the
21 terms and conditions applicable to the alternate placement
22 program, including, but not limited to, all applicable rules
23 of student conduct.
24 (d) Requirements.--Upon the expiration of the expulsion
25 period or the 12-month period beginning with the date of
26 expulsion of a student of compulsory school age, whichever is
27 less, the school entity shall:
28 (1) readmit the student to the school entity subject to
29 the terms and conditions established by the board as provided
30 in section 5; or
20070H0546B0616 - 5 -
1 (2) if the period of expulsion has not expired, provide
2 the student with an alternate placement program in another
3 school, through tutorial or correspondence study or in
4 another educational program determined by the board in its
5 sole discretion to be appropriate.
6 Section 5. Readmission policy.
7 (a) General rule.--Every school entity shall establish a
8 policy governing the procedures and requirements for expelled
9 students, whether or not of compulsory school age, to be
10 readmitted upon the expiration of the period of expulsion. This
11 policy may include:
12 (1) A sworn affidavit signed by the expelled student and
13 the student's parents or legal guardians requesting
14 readmission to the school entity stating that the student
15 agrees to comply with the terms and conditions established by
16 the board, including, but not limited to, all applicable
17 rules of student conduct.
18 (2) A meeting between the expelled student, the parents
19 or legal guardians of the expelled student, unless the
20 student is an emancipated minor, and the district
21 superintendent or chief school administrator or a designee.
22 Sufficient notice of the time and place of the meeting shall
23 be given to the expelled student and the student's parents or
24 legal guardians.
25 (3) An expelled student who has been readmitted to a
26 school entity under this section and who is expelled
27 subsequent to those procedures shall be liable for legal fees
28 and costs incurred by the school entity in such subsequent
29 expulsion proceeding or related court proceedings. If the
30 student is a minor child, the parents or legal guardians of
20070H0546B0616 - 6 -
1 the student shall be liable for the legal fees and costs.
2 (b) Readmission prior to expiration of expulsion.--The board
3 of school directors may, upon recommendation of the district
4 superintendent or chief school administrator, or on its own
5 initiative, readmit an expelled student to school prior to the
6 expiration of the terms of expulsion, under such further terms,
7 conditions or requirements as the board may determine in
8 addition to those established pursuant to subsection (a).
9 (c) Exception to readmission.--Expelled students shall not
10 be eligible to apply for readmission to the school entity if
11 they are 21 years of age or older or have graduated from another
12 public or private school entity or have acquired a general
13 equivalency diploma (GED).
14 Section 6. Admission of transferring students.
15 (a) Expulsion from another school.--
16 (1) Admissions of, and provision of alternate placement
17 programs to, students expelled from a school entity other
18 than the entity of current residence or a nonpublic school
19 shall be subject to the provisions of sections 4 and 5. No
20 school entity shall be required to admit a student expelled
21 from another school entity or nonpublic school into its
22 regular school program until the period of expulsion has
23 expired. However, this paragraph shall not apply to a student
24 expelled or dismissed from a nonpublic school for reasons
25 that would not otherwise subject the student to expulsion
26 under the receiving entity's rules of student conduct.
27 (2) A receiving school entity shall not be required to
28 provide an alternate placement program for a student of
29 compulsory school age during the 12-month period since
30 expulsion was imposed or to entertain an application by the
20070H0546B0616 - 7 -
1 parents or legal guardians for a determination of financial
2 inability in accordance with section 4 if such application
3 has previously been denied by another school entity.
4 (b) Provisional enrollment.--Notwithstanding any provision
5 of this act to the contrary, a receiving school entity may
6 enroll a student transferring from another school entity or non-
7 public school on a provisional basis until a certified copy of
8 the student's disciplinary record and sworn statement as
9 required in section 1304-A of the act of March 10, 1949 (P.L.30,
10 No.14), known as the Public School Code of 1949, is received by
11 the school entity. If the disciplinary record contains a history
12 of misbehavior, the student may be placed in an alternative
13 program and may be ineligible to participate in extracurricular
14 activities at the discretion of the receiving entity.
15 (c) If a provisionally enrolled or other transferring
16 student has committed acts while enrolled in another school
17 entity or nonpublic school which would subject students in the
18 receiving entity to possible expulsion, but for which the former
19 school entity or nonpublic school did not expel the student
20 prior to the transfer, the board of the receiving school entity
21 may, after hearing, expel or deny admission to the student or
22 impose such other discipline or disciplinary assignment as is
23 consistent with the standards and policies of the receiving
24 school entity. Denial of admission shall be treated as expulsion
25 for purposes of this act.
26 Section 7. Student and parent notification.
27 Each school entity shall forward a certified letter to the
28 parents or legal guardians of expelled students specifying all
29 terms and conditions imposed by the school entity pursuant to
30 this act. If an expelled student is 18 years of age or older or
20070H0546B0616 - 8 -
1 if the school entity has reason to believe that the student is
2 an emancipated minor, a certified letter shall also be forwarded
3 directly to the student.
4 Section 8. Failure to comply.
5 Nothing in this act shall be construed to exempt an expelled
6 student or the student's parents or legal guardians from
7 compulsory education requirements or the penalties contained in
8 sections 1333, 1338 and 1338.1 of the act of March 10, 1949
9 (P.L.30, No.14), known as the Public School Code of 1949, if
10 they fail to provide the student with a sufficient alternate
11 placement program and have not been determined financially
12 unable to do so pursuant to section 4.
13 Section 9. Exemptions.
14 Nothing in this act shall supersede the provisions of the
15 Individuals with Disabilities Education Act (Public Law 91-230,
16 20 U.S.C. § 1400 et seq.) and its corresponding Federal
17 regulations relating to the discipline of challenged students.
18 Section 10. Regulations.
19 The State board shall promulgate regulations to carry out
20 this act.
21 Section 11. Repeals.
22 All acts and parts of acts are repealed insofar as they are
23 inconsistent with this act.
24 Section 12. Effective date.
25 This act shall take effect in 60 days.
A10L24BIL/20070H0546B0616 - 9 -