1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," providing for educational
4stability of children in out-of-home placement; and making an
5inconsistent repeal.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The act of June 13, 1967 (P.L.31, No.21), known
9as the Public Welfare Code, is amended by adding an article to
10read:

11ARTICLE XIII-B

12EDUCATIONAL STABILITY

13Section 1301-B. Scope.

14This article relates to the educational stability of children
15in out-of-home placement.

16Section 1302-B. Definitions.

17The following words and phrases when used in this article
18shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Change in placement." A situation in which the placement of
3a child is changed consistent with Department of Public Welfare
4regulations to achieve the goals of the family service plan or
5due to discharge from care as the result of age. The term
6includes, but is not limited to:

7(1) Foster care.

8(2) Kinship care.

9(3) Permanent legal guardianship.

10(4) Reunification.

11(5) Congregate care.

12"County agency." The county children and youth social
13service agency exercising the power and duties provided for in
14section 405 of the act of June 24, 1937 (P.L.2017, No.396),
15known as the County Institution District Law, or its successor,
16and supervised by the Department of Public Welfare under Article
17IX.

18"Foster care maintenance payments." As defined under section
19475(4) of the Social Security Act (49 Stat. 620, 42 U.S.C. §
20675(4)).

21"Foster parent." An individual approved by a public or
22private foster family care agency to provide foster family care
23services to a child who is temporarily separated from the
24child's legal family and placed in the legal custody of an
25agency.

26"Kinship care." The full-time nurturing and protection of a
27child who is separated from the child's parents and placed in
28the home of a caregiver who has an existing relationship with
29the child or the child's family.

30"Local educational agency." As defined in section 9101(26)

1of the Elementary and Secondary Education Act of 1965 (Public
2Law 89-10, 20 U.S.C. § 7801(26)).

3"Relative." An individual who is at least 21 years of age
4and meets at least one of the following:

5(1) Is related within the fifth degree consanguinity or
6affinity to the parent or stepparent of a child.

7(2) Is a godparent of the child as recognized by an
8organized church or is a member of the child's tribe or clan.

9(3) Has a significant positive relationship with the
10child or child's family.

11Section 1303-B. Case plan to ensure educational stability.

12If a child has been removed from the child's home under a
13voluntary placement agreement or is in the legal custody of the
14county agency, the county agency shall develop a case plan for
15ensuring the educational stability of the child. The case plan
16shall be based on the best interests of the child as determined
17by a court. Until a court has made a best-interest determination
18for the child, the child shall remain in the current school
19unless the county agency determines that remaining in the same
20school is impractical or poses a safety concern for the child.
21The case plan shall be part of the family service plan and the
22individual service plan of the child. The case plan shall
23include:

24(1) Assurances that the placement of the child takes
25into account the appropriateness of the current educational
26setting and the change in proximity to the school where the
27child is enrolled at the time of placement or a change in
28placement.

29(2) Either:

30(i) an assurance that the county agency has

1coordinated with the appropriate local educational agency
2to ensure that the child remains in the school where the
3child is enrolled at the time of placement or a change in
4placement; or

5(ii) if remaining in the school is not in the best
6interest of the child, assurances by the county agency
7and the local educational agency to provide immediate and
8appropriate enrollment in a new school. Enrollment in a
9new school shall occur no less than five business days
10after submission of required enrollment documents. All of
11the educational records of the child should be provided
12by the local educational agency to the new school
13immediately, but in no case shall it take more than ten
14business days after receipt by the local educational
15agency of a request for educational records to provide
16educational records to the new school.

17Section 1304-B. Refusal of students prohibited.

18A local educational agency may not refuse to retain a child
19in the current school or to enroll a child in a new school when
20a change in placement occurs, if one of the following applies:

21(1) The child has been placed outside the attendance
22area, but a court has determined that it is in the best
23interest of the child to remain enrolled in the school where
24the child is enrolled at the time of placement or a change in
25placement.

26(2) The child has been placed within a new school
27district or attendance area, and a court has determined that
28it is in the best interest of the child to be immediately
29enrolled in a district school.

30(3) Pending a determination by a court, the child, in

1accordance with a determination by a county agency, seeks to
2remain in the same school or enroll in a new school because
3remaining in the same school is impractical or unsafe.
4Nothing in this paragraph shall be construed to limit a
5court's determination of the educational best interest of the
6child.

7Section 1305-B. Transportation.

8If a court has determined that it is in the best interest of
9the child to remain in a school under this article, the child
10shall be entitled to free and appropriate transportation to
11attend the school. The following shall apply:

12(1) If the child needs transportation to the school and
13is awaiting foster care placement under the Stewart B.
14McKinney Homeless Assistance Act (Public Law 100-77, 101
15Stat. 482), the cost of transportation shall be paid by a
16local educational agency in accordance with that act.

17(2) If the child needs transportation to the school and
18does not qualify as a child awaiting foster care placement
19under the Stewart B. McKinney Homeless Assistance Act,
20reasonable costs for transportation shall be paid by the
21county agency unless transportation can be provided by the
22school district where the child is enrolled at no additional
23cost to the school district. The county agency shall provide
24for the cost of transportation for the child by:

25(i) making a foster care maintenance payment in the
26amount of the reasonable cost of transporting the child
27to the school to a foster parent or relative eligible to
28receive payment under Article XIII; or

29(ii) making a payment in the amount of the
30reasonable cost of transporting the child to the school

1to the local educational agency that is transporting the
2child to school.

3Section 1306-B. School district subsidy.

4If, under this article, a child is allowed to remain in a
5school district other than the child's school district of
6residence, the child shall be included in the average daily
7membership of the school district where the child is enrolled
8for the purpose of calculating school district subsidies under
9the act of March 10, 1949 (P.L.30, No.14), known as the Public
10School Code of 1949.

11Section 1307-B. Regulations.

12The department shall promulgate regulations necessary to
13carry out the provisions of this article no later than 270 days
14of the effective date of this section.

15Section 2. Section 1305 of the act of March 10, 1949
16(P.L.30, No.14), known as the Public School Code of 1949, is
17repealed insofar as it is inconsistent with Article XIII-B of
18the act.

19Section 3. This act shall take effect in 60 days.