1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in pupils and attendance, further
6providing for home education program.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1327.1(g), (h), (i), (j), (k) and (l) of
10the act of March 10, 1949 (P.L.30, No.14), known as the Public
11School Code of 1949, added December 21, 1988 (P.L.1321, No.169),
12are amended and the section is amended by adding subsections to
13read:

14Section 1327.1. Home Education Program.--* * *

15(d.1) Notwithstanding any statutory provision or regulation
16to the contrary, a high school diploma awarded by the supervisor
17in recognition of completion of the requirements under
18subsection (d) shall be considered as according all the rights
19and privileges of a high school diploma awarded under this act

1by the Commonwealth, a Commonwealth agency, a political
2subdivision, a local agency and an authority or instrumentality
3of the Commonwealth or a political subdivision.

4* * *

5(g) When documentation is required by this section to be
6submitted to [the district of residence superintendent or] the
7hearing examiner, [the superintendent or] the hearing examiner
8shall return, upon completion of his review, all such
9documentation to the supervisor of the home education program.
10The [superintendent or] hearing examiner may photocopy all or
11portions of the documentation for his files.

12[(h) Such documentation required by subsection (e)(1) and
13(2) shall be provided to the public school district of residence
14superintendent at the conclusion of each public school year. In
15addition, if the superintendent has a reasonable belief that, at
16any time during the school year, appropriate education may not
17be occurring in the home education program, he may, by certified
18mail, return receipt requested, require documentation pertaining
19to the portfolio of records and materials required by subsection
20(e)(1) to be submitted to the district within fifteen (15) days;
21and documentation pertaining to subsection (e)(2) to be
22submitted to the district within thirty (30) days. If the tests
23as required in subsection (e)(1) have not been administered at
24the time of the receipt of the certified letter by the
25supervisor, the supervisor shall submit the other required
26documentation and shall submit the test results with the
27documentation at the conclusion of the school year.]

28(h.1) An evaluator's certification stating that an 
29appropriate education is occurring for the school year under 
30review shall be provided by the supervisor to the superintendent 

1of the public school district of residence by June 30 of each 
2year. If the supervisor fails to submit the certification due on 
3June 30 to the superintendent, the superintendent shall send a 
4letter by certified mail, return receipt requested, to the 
5supervisor of the home education program, stating that the 
6certification is past due and notifying the supervisor to submit 
7the certification within ten (10) days of receipt of the 
8certified letter. If the certification is not submitted within 
9that time, the board of school directors shall provide for a 
10proper hearing in accordance with subsection (k).

11[(i) If the superintendent of the public school district
12determines, based on the documentation provided, at the end of
13or during the school year, that appropriate education is not
14taking place for the child in the home education program, the
15superintendent shall send a letter by certified mail, return
16receipt requested, to the supervisor of the home education
17program stating that in his opinion appropriate education is not
18taking place for the child in the home education program and
19shall return all documentation, specifying what aspect or
20aspects of the documentation are inadequate.]

21(i.1) If the superintendent has a reasonable belief, at any 
22time during the school year, that appropriate education may not 
23be occurring in the home education program, he may, by certified 
24mail, return receipt requested, require that an evaluation be 
25conducted in accordance with subsection (e)(2) and that an 
26evaluator's certification stating that an appropriate education 
27is occurring for the school year under review, be submitted to 
28the district by the supervisor within thirty (30) days of the 
29receipt of the certified letter. If the tests, as required in 
30subsection (e)(1), have not been administered at the time of the 

1receipt of the certified letter by the supervisor, the 
2supervisor shall submit the other required documentation to the 
3evaluator and the test results to the evaluator with the 
4documentation at the conclusion of the school year. If the 
5certification is not submitted to the superintendent within 
6thirty (30) days of receipt of the certified letter, the board 
7of school directors shall provide for a proper hearing in 
8accordance with subsection (k).

9[(j) Upon receipt of the certified letter required by
10subsection (i), the supervisor of the home education program
11shall have twenty (20) days to submit additional documentation
12demonstrating that appropriate education is taking place for the
13child in the home education program. If documentation is not
14submitted within that time, the home education program for the
15child shall be out of compliance with the requirements of this
16section and section 1327, and the student shall be promptly
17enrolled in the public school district of residence or a
18nonpublic school or a licensed private academic school.]

19(j.1) If the superintendent has a reasonable belief that the 
20home education program is out of compliance with any other 
21provisions of this section, the superintendent shall notify the 
22supervisor by certified mail, return receipt requested, to 
23submit a certification within thirty (30) days indicating that 
24the program is in compliance. If the certification is not 
25submitted within that time, the board of school directors shall 
26provide for a proper hearing in accordance with subsection (k).

27(k) [If the superintendent determines that the additional
28documentation submitted still does not demonstrate that
29appropriate education is taking place in the home education
30program, he shall so notify the supervisor of the home education

1program by certified mail, return receipt requested, and] If a 
2hearing is required by the provisions of subsection (g), (h.1) 
3or (i.1), the board of school directors shall provide for a
4proper hearing by a duly qualified and impartial hearing
5examiner within thirty (30) days. The examiner shall render a
6decision within fifteen (15) days of the hearing except that he
7may require the establishment of a remedial education plan
8mutually agreed to by the superintendent and supervisor of the
9home education program which shall continue the home education
10program. The decision of the examiner may be appealed by either
11the supervisor of the home education program or the
12superintendent to the Secretary of Education [or], Commonwealth
13Court or court of common pleas.

14(l) If the hearing examiner finds that the [documentation]
15evidence does not indicate that appropriate education is taking
16place in the home education program, the home education program
17for the child shall be out of compliance with the requirements
18of this section and section 1327, and the student shall be
19promptly enrolled in the public school district of residence or
20a nonpublic school or a licensed private academic school. The 
21home education program may continue during the time of any 
22appeal.

23* * *

24(n) Nothing in this section shall be construed to affect
25Federal or State law relating to special education for students
26with disabilities in home education programs.

27Section 2. This act shall take effect July 1, 2013, or
28immediately, whichever is later.