THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COX, BARRAR, BOYD, CREIGHTON, GOODMAN, HUTCHINSON, LONGIETTI, MUSTIO, READSHAW, ROCK, ROHRER, SIPTROTH, STERN, SWANGER AND WANSACZ, FEBRUARY 6, 2009

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 6, 2009  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in disruptive student programs,

defining "cyber alternative education program"; and providing

for cyber alternative education programs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1901-C of the act of March 10, 1949 (P.L.

30, No.14), known as the Public School Code of 1949, amended or

added June 25, 1997 (P.L.297, No.30), June 29, 2002 (P.L.524,

No.88) and July 9, 2008 (P.L.846, No.61), is amended to read:

Section 1901-C.  Definitions.--For purposes of this article,

the following terms shall have the following meanings:

[(1)]  "Alternative education program" or "program."  Any

applicant's program applying for funds under this article, which

program is implemented by a school district, an area vocational-

technical school, a group of school districts or an intermediate

unit, which removes disruptive students from regular school

programs in order to provide those students with a sound

educational course of study and counseling designed to modify

disruptive behavior and return the students to a regular school

curriculum. Notwithstanding section 1502, alternative education

programs may operate outside the normal school day of the

applicant district, including Saturdays. School districts and

private alternative education institutions operating pursuant to

the provisions of Article XIX-E shall adopt a policy for

periodic review of those students placed in their respective

alternative education program for disruptive students. This

review shall occur, at a minimum, at the end of every semester

the student is in the program or more frequently at the

district's or private alternative education institution's

discretion. The purpose of this review is to determine whether

or not the student is ready to return to the regular school

curriculum. Programs may include services for students returning

from placements or who are on probation resulting from being

adjudicated delinquent in a proceeding under 42 Pa.C.S. Ch. 63 

(relating to juvenile matters) or who have been judged to have

committed a crime under an adult criminal proceeding.

[(2)]  "Applicant."  A school district, a combination of

school districts or a charter school that provides an

alternative education program within or to a chartering school

district or school districts as the central mission of its

charter and that applies for funds under this article.

[(3)]  "Community resources."  Those agencies and services

for children and youth provided by the juvenile court and the

Department of Health and the Department of Public Welfare and

other public or private institutions.

"Cyber alternative education program."  An alternative

education program which uses technology in order to provide a

significant portion of its curriculum and to deliver a

significant portion of instruction to its students through the

Internet or other electronic means.

[(4)]  "Department."  The Department of Education of the

Commonwealth.

[(5)]  "Disruptive student."  (1)  A student who poses a

clear threat to the safety and welfare of other students or the

school staff, who creates an unsafe school environment or whose

behavior materially interferes with the learning of other

students or disrupts the overall educational process. The

disruptive student exhibits to a marked degree any or all of the

following conditions:

(i)  Disregard for school authority, including persistent

violation of school policy and rules.

(ii)  Display or use of controlled substances on school

property or during school-affiliated activities.

(iii)  Violent or threatening behavior on school property or

during school-affiliated activities.

(iv)  Possession of a weapon on school property, as defined

under 18 Pa.C.S. § 912 (relating to possession of weapon on

school property).

(v)  Commission of a criminal act on school property or

during school-affiliated activities.

(vi)  Misconduct that would merit suspension or expulsion

under school policy.

(vii)  Habitual truancy.

(2)  No student who is eligible for special education

services pursuant to the Individuals with Disabilities Education

Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) shall be

deemed a disruptive student for the purposes of this act, except

as provided for in 22 Pa. Code [§ 14.35 (relating to

discipline)] § 14.143 (relating to disciplinary placements).

[(6)]  "School."  Any school classified by the Department of

Education as a middle school, junior high school, senior high

school or area vocational-technical school.

[(7)]  "Secretary."  The Secretary of Education of the

Commonwealth.

Section 2.  The act is amended by adding a section to read:

Section 1907-C.  Cyber alternative education programs.--(a)

An applicant may establish a cyber alternative education

program. Such program shall be considered an alternative

education program for the purposes of applying for grant funding

under the provisions of section 1903-C and shall comply with all

provisions of section 1902-C.

(b)  (1)  An applicant seeking funding for a cyber

alternative education program may:

(i)  operate the program;

(ii)  contract with a private alternative education

institution for disruptive students approved pursuant to Article

XIX-E; or

(iii)  contract with a cyber charter school approved and

operating pursuant to Article XVII-A.

(2)  The placement of a student in a cyber alternative

education program shall satisfy the provisions governing

exclusions from school, in-school suspension and hearings

related thereto as set forth in 22 Pa. Code Ch. 12 (relating to

students and student services).

(3)  An applicant choosing to establish a cyber alternative

education program shall be considered in the same manner as a

parent or guardian for purposes of enrollment in a cyber charter

school under the provisions of Article XVII-A.

(4)  A school shall make every effort to protect against any

discrimination on the basis of race, religion, gender, national

origin or disability in assigning students to a cyber

alternative education program.

Section 3.  This act shall take effect immediately.