AN ACT

 

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

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

1and privileges of a high school diploma awarded under this act
2by the Commonwealth, a Commonwealth agency, a political
3subdivision, a local agency and an authority or instrumentality
4of the Commonwealth or a political subdivision. <-(a) The
5following words and phrases when used in this section shall have
6the meanings given to them in this subsection:

7"Appropriate education" shall mean a program consisting of
8instruction in the required subjects for the time required in
9this act and in which the student demonstrates sustained
10progress in the overall program.

11"Department" SHALL MEAN the Department of Education of the
12Commonwealth.

13"Hearing examiner" shall not be an officer, employe or agent
14of the Department of Education or of the school district or
15intermediate unit of residence of the child in the home
16education program.

17"Home education program" shall mean a program conducted, in
18compliance with this section, by the parent or guardian or such
19person having legal custody of the child or children.

20"Supervisor" shall mean the parent or guardian or such person
21having legal custody of the child or children who shall be
22responsible for the provision of instruction, provided that such
23person has a high school diploma or its equivalent.

24* * *

25(d.1) Notwithstanding any provision of this act or any other
26law or regulation to the contrary, a high school diploma awarded
27by a supervisor shall be considered as having all the rights and
28privileges afforded by the Commonwealth, a Commonwealth agency,
29including, but not limited to, the Pennsylvania Higher Education
30Assistance Agency, a political subdivision, a local agency and

1an authority or instrumentality of the Commonwealth or a
2political subdivision to a high school diploma awarded under
3this act, if the following criteria are met:

4(1) The student has completed all the requirements in
5subsection (d) while enrolled in a home education program that
6is in compliance with this section.

7(2) The diploma is issued to the student on a standardized 
8form to be developed by the department and which shall be made 
9available on the department's publicly accessible Internet 
10website.

11(3) The diploma is signed by the student's twelfth grade
12evaluator in confirmation of the student's suitability for
13graduation.

14* * *

15(g) When documentation is required by this section to be
16submitted to [the district of residence superintendent or] the
17hearing examiner, [the superintendent or] the hearing examiner
18shall return, upon completion of his review, all such
19documentation to the supervisor of the home education program.
20The [superintendent or] hearing examiner may photocopy all or
21portions of the documentation for his files.

22[(h) Such documentation required by subsection (e)(1) and
23(2) shall be provided to the public school district of residence
24superintendent at the conclusion of each public school year. In
25addition, if the superintendent has a reasonable belief that, at
26any time during the school year, appropriate education may not
27be occurring in the home education program, he may, by certified
28mail, return receipt requested, require documentation pertaining
29to the portfolio of records and materials required by subsection
30(e)(1) to be submitted to the district within fifteen (15) days;

1and documentation pertaining to subsection (e)(2) to be
2submitted to the district within thirty (30) days. If the tests
3as required in subsection (e)(1) have not been administered at
4the time of the receipt of the certified letter by the
5supervisor, the supervisor shall submit the other required
6documentation and shall submit the test results with the
7documentation at the conclusion of the school year.]

8(h.1) An evaluator's certification stating that an 
9appropriate education is occurring for the school year under 
10review shall be provided by the supervisor to the superintendent 
11of the public school district of residence by June 30 of each 
12year. If the supervisor fails to submit the certification due on 
13June 30 to the superintendent, the superintendent shall send a 
14letter by certified mail, return receipt requested, to the 
15supervisor of the home education program, stating that the 
16certification is past due and notifying the supervisor to submit 
17the certification within ten (10) days of receipt of the 
18certified letter. If the certification is not submitted within 
19that time, the board of school directors shall provide for a 
20proper hearing in accordance with subsection (k).

21[(i) If the superintendent of the public school district
22determines, based on the documentation provided, at the end of
23or during the school year, that appropriate education is not
24taking place for the child in the home education program, the
25superintendent shall send a letter by certified mail, return
26receipt requested, to the supervisor of the home education
27program stating that in his opinion appropriate education is not
28taking place for the child in the home education program and
29shall return all documentation, specifying what aspect or
30aspects of the documentation are inadequate.]

1(i.1) If the superintendent has a reasonable belief, at any 
2time during the school year, that appropriate education may not 
3be occurring in the home education program, he may, by certified 
4mail, return receipt requested, require that an evaluation be 
5conducted in accordance with subsection (e)(2) and that an 
6evaluator's certification stating that an appropriate education 
7is occurring for the school year under review, be submitted to 
8the district by the supervisor within thirty (30) days of the 
9receipt of the certified letter. If the tests, as required in 
10subsection (e)(1), have not been administered at the time of the 
11receipt of the certified letter by the supervisor, the 
12supervisor shall submit the other required documentation to the 
13evaluator and the test results to the evaluator with the 
14documentation at the conclusion of the school year. If the 
15certification is not submitted to the superintendent within 
16thirty (30) days of receipt of the certified letter, the board 
17of school directors shall provide for a proper hearing in 
18accordance with subsection (k).

19[(j) Upon receipt of the certified letter required by
20subsection (i), the supervisor of the home education program
21shall have twenty (20) days to submit additional documentation
22demonstrating that appropriate education is taking place for the
23child in the home education program. If documentation is not
24submitted within that time, the home education program for the
25child shall be out of compliance with the requirements of this
26section and section 1327, and the student shall be promptly
27enrolled in the public school district of residence or a
28nonpublic school or a licensed private academic school.]

29(j.1) If the superintendent has a reasonable belief that the 
30home education program is out of compliance with any other
 

1provisions of this section, the superintendent shall notify the 
2supervisor by certified mail, return receipt requested, to 
3submit a certification within thirty (30) days indicating that 
4the program is in compliance. If the certification is not 
5submitted within that time, the board of school directors shall 
6provide for a proper hearing in accordance with subsection (k).

7(k) [If the superintendent determines that the additional
8documentation submitted still does not demonstrate that
9appropriate education is taking place in the home education
10program, he shall so notify the supervisor of the home education
11program by certified mail, return receipt requested, and] If a 
12hearing is required by the provisions of subsection (g), (h.1) 
13or (i.1), the board of school directors shall provide for a
14proper hearing by a duly qualified and impartial hearing
15examiner within thirty (30) days. The examiner shall render a
16decision within fifteen (15) days of the hearing except that he
17may require the establishment of a remedial education plan
18mutually agreed to by the superintendent and supervisor of the
19home education program which shall continue the home education
20program. The decision of the examiner may be appealed by either
21the supervisor of the home education program or the
22superintendent to the Secretary of Education [or], Commonwealth
23Court or court of common pleas.

24(l) If the hearing examiner finds that the [documentation]
25evidence does not indicate that appropriate education is taking
26place in the home education program, the home education program
27for the child shall be out of compliance with the requirements
28of this section and section 1327, and the student shall be
29promptly enrolled in the public school district of residence or
30a nonpublic school or a licensed private academic school. The
 

1home education program may continue during the time of any 
2appeal.

3* * *

4(n) Nothing in this section shall be construed to affect
5Federal or State law relating to special education for students
6with disabilities in home education programs.

7Section 2. This act shall take effect <-July 1, 2013, or 
8immediately, whichever is later <-immediately.