Posted: | April 30, 2013 12:17 PM |
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From: | Senator Andrew E. Dinniman |
To: | All Senate members |
Subject: | Charter and Cyber Charter Student Attendance Accountability |
I plan to introduce legislation that will amend the Public School Code of 1949 to require charter and cyber charter schools to enforce the existing truancy laws applicable to all students and to notify the school district in which the student is a resident when truancy is at issue. My legislation doesn’t stop any parent from choosing where the child is to receive an education. Parent choice of which school a parent feels their child will receive the best education will not be affected by my bill. Parents will just be required to inform the school district of any change in their choice. The bill is designed to assure that every child is being educated and that no child is truant. Currently, the code includes compulsory education laws that require action by school districts when its students accrue too many unexcused absences. Charter and cyber schools however are not currently subject to the enforcement requirements and reporting as the school districts. As such, an injustice occurs that allows a loop-hole for students to bounce to or from a charter or cyber charter school when truant to avoid penalty or to address the reasons for the excessive absences. This problem was brought to my attention by Dr. Linda S. Lane, Superintendent of the School District of Pittsburgh, who is concerned for the students who reside in the school district but who are not regularly attending any school and the School District can’t take action because the charter and cyber charter schools don’t report when a student is truant or assist in the prosecution of a truancy case. This is because under the School Code there is no obligation for the charter or cyber charter school to act against the truant student. Instead, the School Code makes truancy enforcement the responsibility of the resident school district. This is the loop-hole. The student’s actions to remain out of school without the deterrent that the legislature viewed as necessary to address truancy cannot continue. You cannot educate a student who is not attending any form of schooling. This loop-hole must be closed in the interest of all children. Under my bill, which is a comprehensive approach to correcting the current inconsistency in the code, provisions that a school district must adhere to for enforcing truancy under the School Code, such as, initiating district magistrate proceedings when truancy occurs, for employing and empowering attendance officers and requiring certain illegal absence reporting that have prescribed penalties for failing to comply will be imposed on charter and cyber charter schools. In addition to the applicability of provisions of the School Code that a school district must follow, charter and cyber charter schools will further be required to: 1) include in the contents of its application its policies regarding truancy, absences and withdrawal of students; 2) provide the resident school district notification when a child enrolls, withdraws or is in violation of the compulsory attendance requirements; 3) verify the accuracy of student enrollment and reporting to the state; 4) provide the resident school district and department with an annual report of accuracy; and 5) post the annual report on its public website. If you have any questions regarding this legislation, please contact Lisa M. Felix at lfelix@pasenate.com or at 705-5849. |
Introduced as SB978