THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MOUL, BAKER, BENNINGHOFF, BOYD, CALTAGIRONE, CLYMER, COX, CREIGHTON, CUTLER, DENLINGER, DERMODY, FABRIZIO, GABIG, GIBBONS, GINGRICH, GROVE, HALUSKA, HANNA, HARKINS, HARRIS, HESS, HORNAMAN, KAUFFMAN, M. KELLER, KORTZ, KRIEGER, MAHER, MARSICO, METCALFE, MURT, PHILLIPS, PICKETT, PYLE, QUIGLEY, REED, REESE, REICHLEY, ROCK, ROHRER, SAYLOR, SCHRODER, SONNEY, STERN, STEVENSON, TALLMAN, J. TAYLOR, TRUE, TURZAI, YOUNGBLOOD AND READSHAW, APRIL 7, 2009

REFERRED TO COMMITTEE ON EDUCATION, APRIL 7, 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," further providing for home education

program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1327.1(g), (h), (i), (j), (k) and (l) of

the act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949, added December 21, 1988 (P.L.1321, No.169),

are amended and the section is amended by adding subsections to

read:

Section 1327.1.  Home Education Program.--* * *

(g)  When documentation is required by this section to be

submitted to [the district of residence superintendent or] the

hearing examiner, [the superintendent or] the hearing examiner

shall return, upon completion of his review, all such

documentation to the supervisor of the home education program.

The [superintendent or] hearing examiner may photocopy all or

portions of the documentation for his files.

[(h)  Such documentation required by subsection (e)(1) and

(2) shall be provided to the public school district of residence

superintendent at the conclusion of each public school year. In

addition, if the superintendent has a reasonable belief that, at

any time during the school year, appropriate education may not

be occurring in the home education program, he may, by certified

mail, return receipt requested, require documentation pertaining

to the portfolio of records and materials required by subsection

(e)(1) to be submitted to the district within fifteen (15) days;

and documentation pertaining to subsection (e)(2) to be

submitted to the district within thirty (30) days. If the tests

as required in subsection (e)(1) have not been administered at

the time of the receipt of the certified letter by the

supervisor, the supervisor shall submit the other required

documentation and shall submit the test results with the

documentation at the conclusion of the school year.]

(h.1)  The home education evaluation and an evaluator's

certification that an appropriate education is occurring shall

be provided by the supervisor to the superintendent of the

public school district of residence by June 30 of each year. If

the supervisor fails to submit the certification due on June 30

to the superintendent, the superintendent shall send a letter by

certified mail, return receipt requested, to the supervisor of

the home education program, stating that the certification is

past due and notifying the supervisor to submit the

certification within ten (10) days of receipt of the certified

letter. If the certification is not submitted within that time,

the board of school directors shall provide for a proper hearing

in accordance with subsection (k).

[(i)  If the superintendent of the public school district

determines, based on the documentation provided, at the end of

or during the school year, that appropriate education is not

taking place for the child in the home education program, the

superintendent shall send a letter by certified mail, return

receipt requested, to the supervisor of the home education

program stating that in his opinion appropriate education is not

taking place for the child in the home education program and

shall return all documentation, specifying what aspect or

aspects of the documentation are inadequate.]

(i.1)  If the superintendent has probable cause, at any time

during the school year, that appropriate education may not be

occurring in the home education program, the superintendent may,

by certified mail, return receipt requested, require that an

evaluation be conducted in accordance with subsection (e)(2) and

that an evaluator's certification stating that an appropriate

education is occurring, be submitted to the district by the

supervisor within thirty (30) days of the receipt of the

certified letter. If the tests, as required in subsection (e)

(1), have not been administered at the time of the receipt of

the certified letter by the supervisor, the supervisor shall

submit the other required documentation to the evaluator and the

test results to the evaluator with the documentation at the

conclusion of the school year. If the certification is not

submitted to the superintendent within thirty (30) days of

receipt of the certified letter, the board of school directors

shall provide for a proper hearing in accordance with subsection

(k).

[(j)  Upon receipt of the certified letter required by

subsection (i), the supervisor of the home education program

shall have twenty (20) days to submit additional documentation

demonstrating that appropriate education is taking place for the

child in the home education program. If documentation is not

submitted within that time, the home education program for the

child shall be out of compliance with the requirements of this

section and section 1327, and the student shall be promptly

enrolled in the public school district of residence or a

nonpublic school or a licensed private academic school.]

(j.1)  If the superintendent has probable cause that the home

education program is out of compliance with any other provisions

of this section, the superintendent shall notify the supervisor

by certified mail, return receipt requested, to submit

documentation within thirty (30) days indicating that the

program is in compliance. If the documentation is not submitted

within that time, the board of school directors shall provide

for a proper hearing in accordance with subsection (k).

(k)  [If the superintendent determines that the additional

documentation submitted still does not demonstrate that

appropriate education is taking place in the home education

program, he shall so notify the supervisor of the home education

program by certified mail, return receipt requested, and] If a

hearing is required under the provisions of subsection (g),

(h.1) or (i.1), the board of school directors shall provide for

a proper hearing by a duly qualified and impartial hearing

examiner within thirty (30) days. The examiner shall render a

decision within fifteen (15) days of the hearing except that he

may require the establishment of a remedial education plan

mutually agreed to by the superintendent and supervisor of the

home education program which shall continue the home education

program. The decision of the examiner may be appealed by either

the supervisor of the home education program or the

superintendent to the Secretary of Education [or], Commonwealth

Court or court of common pleas.

(l)  If the hearing examiner finds that the [documentation]

evidence does not indicate that appropriate education is taking

place in the home education program, the home education program

for the child shall be out of compliance with the requirements

of this section and section 1327, and the student shall be

promptly enrolled in the public school district of residence or

a nonpublic school or a licensed private academic school. The

home education program may continue during the time of any

appeal.

* * *

Section 2.  This act shall take effect immediately.