PRIOR PRINTER'S NOS. 2118, 2669 PRINTER'S NO. 2876
No. 1643 Session of 2007
INTRODUCED BY BENNINGTON, PARKER, MUNDY, LEACH, WHEATLEY, FRANKEL, BELFANTI, BRENNAN, CALTAGIRONE, HERSHEY, JAMES, KORTZ, PETRONE, READSHAW, SCHRODER, SHIMKUS, SIPTROTH, SURRA, WANSACZ, YOUNGBLOOD AND PAYTON, JUNE 27, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 20, 2007
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," further providing for REPORTS TO <-- 6 DEPARTMENT OF EDUCATION, FOR RULES AND REGULATIONS AND SAFETY 7 PATROLS, FOR FINANCIAL REPORTS, FOR residence and right to 8 free school privileges, FOR POSSESSION OF WEAPONS PROHIBITED <-- 9 AND FOR SUSPENSION AND EXPULSION OF PUPILS. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 1302(a) of the act of March 10, 1949 <-- 13 (P.L.30, No.14), known as the Public School Code of 1949, 14 amended December 23, 2003 (P.L.304, No.48), is amended and the 15 section is amended by adding a subsection to read: 16 SECTION 1. SECTION 218 OF THE ACT OF MARCH 10, 1949 (P.L.30, <-- 17 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED MAY 10, 18 2000 (P.L.44, NO.16), IS AMENDED TO READ: 19 SECTION 218. REPORTS TO DEPARTMENT OF EDUCATION.--ALL 20 FINANCIAL ACCOUNTING AND REPORTING BY SCHOOL DISTRICTS TO THE
1 DEPARTMENT OF EDUCATION SHALL BE IN ACCORDANCE WITH GENERALLY 2 ACCEPTED ACCOUNTING AND REPORTING STANDARDS[.], EXCEPT FOR THE 3 ANNUAL FINANCIAL REPORT. THE DEPARTMENT OF EDUCATION SHALL 4 ESTABLISH A REPORTING STANDARD FOR THE ANNUAL FINANCIAL REPORT. 5 THE STANDARD SHALL CONFORM TO FUND LEVEL REPORTING CRITERIA 6 ONLY, AND WILL BE AN ALLOWED OTHER COMPREHENSIVE BASIS OF 7 ACCOUNTING. FOR PURPOSES OF THIS SECTION, AN "OTHER 8 COMPREHENSIVE BASIS OF ACCOUNTING" SHALL MEAN A BASIS OF 9 ACCOUNTING, OTHER THAN GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, 10 THAT AN ENTITY USES TO REPORT ITS ASSETS, LIABILITIES, EQUITY, 11 REVENUES AND EXPENSES. 12 SECTION 2. SECTION 510 OF THE ACT, AMENDED JUNE 29, 1976 13 (P.L.450, NO.110), IS AMENDED TO READ: 14 SECTION 510. RULES AND REGULATIONS; SAFETY PATROLS.--(A) 15 THE BOARD OF SCHOOL DIRECTORS IN ANY SCHOOL DISTRICT MAY ADOPT 16 AND ENFORCE SUCH REASONABLE RULES AND REGULATIONS AS IT MAY DEEM 17 NECESSARY AND PROPER, REGARDING THE MANAGEMENT OF ITS SCHOOL 18 AFFAIRS AND THE CONDUCT AND DEPORTMENT OF ALL SUPERINTENDENTS, 19 TEACHERS, AND OTHER APPOINTEES OR EMPLOYES DURING THE TIME THEY 20 ARE ENGAGED IN THEIR DUTIES TO THE DISTRICT, AS WELL AS 21 REGARDING THE CONDUCT AND DEPORTMENT OF ALL [PUPILS] STUDENTS 22 ATTENDING THE PUBLIC SCHOOLS IN THE DISTRICT, DURING SUCH TIME 23 AS THEY ARE ATTENDING SCHOOL OR SCHOOL-RELATED ACTIVITIES, ARE 24 PRESENT ON SCHOOL PROPERTY OR IN BUSES OR OTHER VEHICLES 25 PROVIDED BY THE DISTRICT, OR OTHERWISE ARE UNDER THE SUPERVISION 26 OF THE BOARD OF SCHOOL DIRECTORS AND TEACHERS, INCLUDING THE 27 TIME NECESSARILY SPENT IN COMING TO AND RETURNING FROM 28 SCHOOL[.], AND PERTAINING TO ACTIVITIES OF STUDENTS REGARDLESS 29 OF TIME OR PLACE LIKELY TO CAUSE OR CAUSING SUBSTANTIAL 30 DISRUPTION OF OR MATERIAL INTERFERENCE WITH SCHOOL ACTIVITIES OR 20070H1643B2876 - 2 -
1 THE ORDERLY AND SAFE ADMINISTRATION OF THE SCHOOLS. 2 (B) IN THE EXERCISE OF THIS AUTHORITY THE BOARD OF SCHOOL 3 DIRECTORS IS EMPOWERED TO ORGANIZE SCHOOL SAFETY PATROLS AND, 4 WITH THE PERMISSION OF THE PARENTS, TO APPOINT [PUPILS] STUDENTS 5 AS MEMBERS THEREOF, FOR THE PURPOSE OF INFLUENCING AND 6 ENCOURAGING THE OTHER [PUPILS] STUDENTS TO REFRAIN FROM CROSSING 7 PUBLIC HIGHWAYS AT POINTS OTHER THAN AT REGULAR CROSSINGS, AND 8 FOR THE PURPOSE OF DIRECTING [PUPILS] STUDENTS NOT TO CROSS 9 HIGHWAYS AT TIMES WHEN THE PRESENCE OF TRAFFIC WOULD RENDER SUCH 10 CROSSING UNSAFE. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO 11 AUTHORIZE OR PERMIT THE USE OF ANY SAFETY PATROL MEMBER FOR THE 12 PURPOSE OF DIRECTING VEHICULAR TRAFFIC, NOR SHALL ANY SAFETY 13 PATROL MEMBER BE STATIONED IN THAT PORTION OF THE HIGHWAY 14 INTENDED FOR THE USE OF VEHICULAR TRAFFIC. NO LIABILITY SHALL 15 ATTACH EITHER TO THE SCHOOL DISTRICT, OR ANY INDIVIDUAL 16 DIRECTOR, STUDENT, SUPERINTENDENT, TEACHER, OR OTHER SCHOOL 17 EMPLOYE, BY VIRTUE OF THE ORGANIZATION, MAINTENANCE, OR 18 OPERATION OF A SCHOOL SAFETY PATROL ORGANIZED, MAINTAINED, AND 19 OPERATED UNDER AUTHORITY OF THIS SECTION. 20 (C) ALL FLAGS, BELTS, APPAREL AND DEVICES ISSUED, SUPPLIED 21 OR FURNISHED TO PERSONS ACTING IN THE CAPACITY OF SPECIAL SCHOOL 22 POLICE, OR SPECIAL POLICE APPOINTED TO CONTROL AND DIRECT 23 TRAFFIC AT OR NEAR SCHOOLS, IN ORDER TO ENHANCE THE CONSPICUITY 24 OF SUCH PERSONS, SHALL BE MADE FROM RETRO-REFLECTIVE AND 25 FLUORESCENT MATERIALS VISIBLE BOTH DAY AND NIGHT AT THREE 26 HUNDRED (300) FEET TO APPROACHING MOTORISTS USING LAWFUL LOW 27 BEAM HEADLIGHTS AND SHALL CONFORM TO STANDARDS, SPECIFICATIONS, 28 OR REGULATIONS ISSUED BY THE STATE BOARD OF EDUCATION. ALL BELTS 29 SUPPLIED OR FURNISHED TO [PUPILS] STUDENTS ACTIVE IN THE 30 CAPACITY OF SCHOOL SAFETY PATROL MEMBERS SHALL BE FLUORESCENT. 20070H1643B2876 - 3 -
1 SECTION 3. SECTION 921-A OF THE ACT, AMENDED JULY 11, 2006 2 (P.L.1092, NO.114), IS AMENDED TO READ: 3 SECTION 921-A. FINANCIAL REPORTS.--AN ANNUAL FINANCIAL 4 REPORT SHALL BE SUBMITTED TO THE SECRETARY OF EDUCATION BY EACH 5 INTERMEDIATE UNIT NOT LATER THAN THE 31ST DAY OF OCTOBER, 6 TOGETHER WITH AN AUDITOR'S REPORT PREPARED BY AN INDEPENDENT 7 AUDITOR WHO SHALL BE A CERTIFIED PUBLIC ACCOUNTANT OR OTHER 8 COMPETENT PUBLIC ACCOUNTANT. ALL FINANCIAL ACCOUNTING AND 9 REPORTING BY INTERMEDIATE UNITS TO THE DEPARTMENT OF EDUCATION 10 SHALL BE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING AND 11 REPORTING STANDARDS[.], EXCEPT FOR THE ANNUAL FINANCIAL REPORT. 12 THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A REPORTING STANDARD 13 FOR THE ANNUAL FINANCIAL REPORT. THE STANDARD SHALL CONFORM TO 14 FUND LEVEL REPORTING CRITERIA ONLY, AND WILL BE AN ALLOWED OTHER 15 COMPREHENSIVE BASIS OF ACCOUNTING. FOR PURPOSES OF THIS SECTION, 16 AN "OTHER COMPREHENSIVE BASIS OF ACCOUNTING" SHALL MEAN A BASIS 17 OF ACCOUNTING, OTHER THAN GENERALLY ACCEPTED ACCOUNTING 18 PRINCIPLES, THAT AN ENTITY USES TO REPORT ITS ASSETS, 19 LIABILITIES, EQUITY, REVENUES AND EXPENSES. 20 SECTION 4. SECTION 1302(A) OF THE ACT, AMENDED DECEMBER 23, 21 2003 (P.L.304, NO.48), IS AMENDED AND THE SECTION IS AMENDED BY 22 ADDING A SUBSECTION TO READ: 23 Section 1302. Residence and Right to Free School 24 Privileges.--(a) (1) A child shall be considered a resident of 25 the school district in which his parents or the guardian of his 26 person resides. When a child's parents reside in different 27 school districts, the child may attend either of the school 28 districts in which his parents reside, regardless of which 29 parent has primary physical custody of the child. The parents 30 must choose and so state and agree in writing which of the two 20070H1643B2876 - 4 -
1 school districts shall be the child's school district of 2 residence for the school year, unless there is a court order 3 that directs which of the two districts shall be the child's 4 school district of residence. 5 (2) Federal installations are considered a part of the 6 school district or districts in which they are situate and the 7 children residing on such installations shall be counted as 8 resident pupils of the school district. 9 (3) Nothing in this subsection shall be construed to require 10 a school district to transport a child to or from a residence 11 outside of the school district. 12 (a.1) When a resident of any school district keeps in his 13 home a child of school age, not his own, supporting the child 14 gratis as if it were his own, such child shall be entitled to 15 all free school privileges accorded to resident school children 16 of the district, including the right to attend the public high 17 school maintained in such district or in other districts in the 18 same manner as though such child were in fact a resident school 19 child of the district, and shall be subject to all the 20 requirements placed upon resident school children of the 21 district. Before such child may be accepted as a pupil, such 22 resident shall file with the secretary of the board: 23 (1) appropriate legal documentation to show dependency or 24 guardianship; or 25 (2) a sworn statement that he is a resident of the district, 26 that he is supporting the child gratis, that he will assume all 27 personal obligations for the child relative to school 28 requirements, and that he intends to so keep and support the 29 child continuously and not merely through the school term. The 30 school board, pursuant to guidelines issued by the Department of 20070H1643B2876 - 5 -
1 Education, may require other reasonable information to be 2 submitted by the resident to substantiate the sworn statement. 3 The form containing the sworn statement shall include notice in 4 large print of the penalty for providing false information in 5 the sworn statement. 6 * * * 7 Section 2. This act shall take effect in 60 days. <-- 8 SECTION 5. SECTION 1317.2(E.1) OF THE ACT, AMENDED JUNE 25, <-- 9 1997 (P.L.297, NO.30), IS AMENDED TO READ: 10 SECTION 1317.2. POSSESSION OF WEAPONS PROHIBITED.--* * * 11 [(E.1) A SCHOOL DISTRICT RECEIVING A STUDENT WHO TRANSFERS 12 FROM A PUBLIC OR PRIVATE SCHOOL DURING A PERIOD OF EXPULSION FOR 13 AN ACT OR OFFENSE INVOLVING A WEAPON MAY ASSIGN THAT STUDENT TO 14 AN ALTERNATIVE ASSIGNMENT OR PROVIDE ALTERNATIVE EDUCATION 15 SERVICES, PROVIDED THAT THE ASSIGNMENT MAY NOT EXCEED THE PERIOD 16 OF EXPULSION.] 17 * * * 18 SECTION 6. SECTION 1318 OF THE ACT, AMENDED FEBRUARY 8, 1980 19 (P.L.3, NO.2), IS AMENDED TO READ: 20 SECTION 1318. SUSPENSION AND EXPULSION OF [PUPILS.--] 21 STUDENTS.--(A) EVERY PRINCIPAL OR TEACHER IN CHARGE OF A PUBLIC 22 SCHOOL MAY TEMPORARILY SUSPEND ANY [PUPIL] STUDENT ON ACCOUNT OF 23 DISOBEDIENCE OR MISCONDUCT, AND ANY PRINCIPAL OR TEACHER 24 SUSPENDING ANY [PUPIL] STUDENT SHALL PROMPTLY NOTIFY THE 25 DISTRICT SUPERINTENDENT OR SECRETARY OF THE BOARD OF SCHOOL 26 DIRECTORS. THE BOARD MAY, AFTER A PROPER HEARING, SUSPEND SUCH 27 [CHILD] STUDENT FOR SUCH TIME AS IT MAY DETERMINE, OR MAY 28 PERMANENTLY EXPEL [HIM] THE STUDENT. SUCH HEARINGS, SUSPENSION, 29 OR EXPULSION MAY BE DELEGATED TO A DULY AUTHORIZED COMMITTEE OF 30 THE BOARD, OR TO A DULY QUALIFIED HEARING EXAMINER, WHO NEED NOT 20070H1643B2876 - 6 -
1 BE A MEMBER OF THE BOARD, BUT WHOSE ADJUDICATION MUST BE 2 APPROVED BY THE BOARD. THE BOARD AND DESIGNATED COMMITTEES OR 3 HEARING EXAMINERS ACTING PURSUANT TO THIS SECTION SHALL HAVE THE 4 POWER TO ADMINISTER OATHS TO WITNESSES AND THE POWER TO ISSUE 5 SUBPOENAS AS PROVIDED IN SECTION 1128. 6 (B) (1) A PUBLIC SCHOOL ENTITY MAY SUSPEND, EXPEL OR DENY 7 ADMISSION TO A STUDENT SUSPENDED OR EXPELLED FROM ANOTHER PUBLIC 8 SCHOOL ENTITY OR NONPUBLIC SCHOOL, UNTIL THE PERIOD OF 9 SUSPENSION OR EXPULSION HAS EXPIRED, IF SUCH SUSPENSION OR 10 EXPULSION WAS IMPOSED DUE TO MISCONDUCT OF A NATURE THAT WOULD 11 SUBJECT STUDENTS IN THE RECEIVING ENTITY TO POSSIBLE SUSPENSION 12 OR EXPULSION. 13 (2) DENIAL OF ADMISSION TO A TRANSFERRING STUDENT BASED ON 14 SUSPENSION OR EXPULSION FROM OR MISCONDUCT IN A PRIOR SCHOOL 15 ENTITY SHALL BE TREATED AS SUSPENSION OR EXPULSION FOR PURPOSES 16 OF THIS SECTION. A STUDENT RETURNING TO THE PROGRAM OF THE 17 SCHOOL DISTRICT OF RESIDENCE AFTER WITHDRAWING FROM OR BEING 18 EXPELLED OR SUSPENDED FROM AN AREA VOCATIONAL-TECHNICAL SCHOOL 19 IS A TRANSFERRING STUDENT FOR PURPOSES OF THIS SECTION. 20 (3) NO HEARING OTHERWISE REQUIRED UNDER SUBSECTION (A) SHALL 21 BE NECESSARY IF SUSPENSION, EXPULSION OR DENIAL OF ADMISSION 22 UNDER SUBSECTION (B)(1) IS BASED UPON AN ADJUDICATION ISSUED IN 23 ACCORDANCE WITH THIS SECTION BY THE BOARD OR JOINT OPERATING 24 COMMITTEE OF THE PRIOR ENTITY OF ENROLLMENT, AS EVIDENCED BY A 25 CERTIFIED COPY OF SUCH ADJUDICATION. 26 (4) A SCHOOL ENTITY MAY, AFTER HEARING IN ACCORDANCE WITH 27 SUBSECTION (A), SUSPEND, EXPEL OR DENY ADMISSION TO A 28 TRANSFERRING STUDENT WHO HAS COMMITTED MISCONDUCT WHILE ENROLLED 29 IN ANOTHER PUBLIC OR NONPUBLIC SCHOOL OF A NATURE THAT WOULD 30 SUBJECT STUDENTS IN THE RECEIVING ENTITY TO POSSIBLE SUSPENSION 20070H1643B2876 - 7 -
1 OR EXPULSION, BUT WHO WITHDREW FROM THE PRIOR SCHOOL ENTITY 2 BEFORE DISCIPLINARY PROCEEDINGS BASED ON THE MISCONDUCT WERE 3 INITIATED OR COMPLETED. 4 (5) A RECEIVING SCHOOL ENTITY MAY ENROLL A STUDENT 5 TRANSFERRING FROM ANOTHER PUBLIC OR NONPUBLIC SCHOOL ENTITY IN 6 ITS REGULAR PROGRAM ON A PROVISIONAL BASIS PENDING RECEIPT OF A 7 CERTIFIED COPY OF THE STUDENT'S DISCIPLINARY RECORD AND SWORN 8 STATEMENT AS REQUIRED UNDER SECTION 1304-A. IF THE DISCIPLINARY 9 RECORD OR SWORN STATEMENT REVEALS A HISTORY OF MISCONDUCT WHILE 10 ENROLLED IN THE PRIOR ENTITY, IN ADDITION TO OTHER DISPOSITION 11 AUTHORIZED UNDER THIS SECTION AND TO THE EXTENT CONSISTENT WITH 12 THE DISCIPLINARY STANDARDS, POLICIES AND PROCEDURES OF THE 13 RECEIVING ENTITY, THE STUDENT MAY BE REASSIGNED TO AN 14 ALTERNATIVE EDUCATION PROGRAM AND MAY BE DEEMED INELIGIBLE TO 15 PARTICIPATE IN EXTRACURRICULAR ACTIVITIES. 16 (6) A RECEIVING SCHOOL ENTITY MAY, CONSISTENT WITH ITS 17 DISCIPLINARY STANDARDS, POLICIES AND PROCEDURES, IMPOSE OTHER 18 FORMS OF DISCIPLINE OR DISCIPLINARY ASSIGNMENT OR IMPOSE 19 CONDITIONS OF ADMISSION OR CONTINUED ENROLLMENT BASED ON A 20 TRANSFERRING STUDENT'S EXPULSION OR SUSPENSION FROM OR 21 MISCONDUCT WHILE ENROLLED IN A PRIOR SCHOOL ENTITY, IN LIEU OF 22 OR IN COMBINATION WITH DENIAL OF ADMISSION, SUSPENSION OR 23 EXPULSION. 24 (C) THE BOARD OF SCHOOL DIRECTORS MAY, IN CONNECTION WITH 25 ANY EXPULSION, SUSPENSION, DENIAL OF ADMISSION OR DISCIPLINARY 26 REASSIGNMENT OF A STUDENT, IMPOSE CONDITIONS FOR ADMISSION OR 27 READMISSION TO OR CONTINUATION IN THE SCHOOL ENTITY'S REGULAR OR 28 ALTERNATIVE EDUCATION PROGRAMS. VIOLATION OF OR FAILURE TO MEET 29 SUCH CONDITIONS MAY BECOME THE BASIS FOR DENIAL OF ADMISSION, 30 READMISSION OR SUBSEQUENT DISCIPLINARY ACTION, INCLUDING 20070H1643B2876 - 8 -
1 EXCLUSION FROM OR REASSIGNMENT WITHIN THE SCHOOL ENTITY'S 2 REGULAR OR ALTERNATIVE EDUCATION PROGRAMS. THE BOARD MAY 3 DESIGNATE A PERSON OR PERSONS TO DETERMINE WHETHER SUCH 4 CONDITIONS HAVE BEEN MET OR VIOLATED. THE HEARING REQUIREMENTS 5 OF SUBSECTION (A) ARE NOT APPLICABLE TO A DETERMINATION THAT A 6 STUDENT IS NOT ELIGIBLE FOR READMISSION OR TO REMAIN IN 7 PROBATIONARY CONTINUED ENROLLMENT BECAUSE OF VIOLATION OF OR 8 FAILURE TO MEET SUCH CONDITIONS. 9 (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A 10 HEARING OTHERWISE REQUIRED UNDER SUBSECTION (A) MAY BE WAIVED IN 11 A WRITTEN AGREEMENT PROVIDING FOR THE STUDENT'S DISCIPLINARY 12 EXCLUSION FROM SCHOOL PROGRAMS FOR A SPECIFIED PERIOD OF TIME, 13 ENTERED INTO BY THE BOARD OF SCHOOL DIRECTORS AND THE STUDENT 14 AND IN THE CASE OF A STUDENT UNDER EIGHTEEN (18) YEARS OF AGE, 15 ALSO BY THE PARENT OR GUARDIAN HAVING PRIMARY CUSTODY OF THE 16 STUDENT. ANY SUCH AGREEMENT SHALL BE FILED PERMANENTLY IN THE 17 STUDENT'S DISCIPLINARY RECORDS AND SHALL BE TREATED IN THE SAME 18 WAY AS AN ADJUDICATION OF EXPULSION FOR PURPOSES OF SUBSECTIONS 19 (B) AND (C), THIS SUBSECTION AND ARTICLE XIII-A. CONSIDERATION 20 BY THE BOARD OF A PROPOSED AGREEMENT IN LIEU OF HEARING SHALL 21 NOT CONSTITUTE GROUNDS FOR DISQUALIFYING THE BOARD OR MEMBERS 22 THEREOF FROM PARTICIPATING IN A HEARING OR TAKING OTHER ACTION 23 PURSUANT TO THIS SECTION IN THE EVENT THE AGREEMENT IS NOT 24 APPROVED BY THE BOARD. THE AGREEMENTS SHALL SET FORTH: 25 (1) A SUMMARY OF THE REASON FOR THE EXCLUSION. 26 (2) THE EFFECTIVE DATE AND EXPIRATION DATE OF THE PERIOD OF 27 EXCLUSION. 28 (3) THE DATE WHEN THE STUDENT MAY BE CONSIDERED FOR EARLIER 29 READMISSION. 30 (4) A SUMMARY OF THE PROCEDURAL RIGHTS THE STUDENT WOULD 20070H1643B2876 - 9 -
1 HAVE BEEN AFFORDED AT A HEARING. 2 (5) AGREED CONDITIONS OF READMISSION OR OF PROBATIONARY 3 CONTINUED ENROLLMENT, IF ANY. 4 (6) ANY OTHER TERMS AND CONDITIONS OF THE AGREED 5 DISCIPLINARY DISPOSITION. 6 (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER THE 7 OBLIGATIONS OF SCHOOL ENTITIES PURSUANT TO THE INDIVIDUALS WITH 8 DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C. § 1400 9 ET SEQ.) AND FEDERAL REGULATIONS THEREUNDER RELATING TO THE 10 DISCIPLINE OF STUDENTS WITH DISABILITIES. 11 (F) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT AN 12 EXPELLED STUDENT OR THE STUDENT'S PARENTS OR LEGAL GUARDIANS 13 FROM COMPULSORY EDUCATION REQUIREMENTS OR THE PENALTIES 14 CONTAINED IN SECTIONS 1333, 1338 AND 1338.1 IF THEY FAIL TO 15 PROVIDE THE STUDENT WITH A SUFFICIENT ALTERNATE PLACEMENT 16 PROGRAM. 17 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 18 (1) THE AMENDMENT OF SECTION 1302 OF THE ACT SHALL TAKE 19 EFFECT IN 60 DAYS. 20 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 21 IMMEDIATELY. F6L24DMS/20070H1643B2876 - 10 -