THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROEBUCK, COHEN, GRUCELA, HARKINS, PALLONE, BISHOP, BROWN, CALTAGIRONE, DONATUCCI, FABRIZIO, FRANKEL, FREEMAN, GOODMAN, HORNAMAN, KOTIK, MANN, McGEEHAN, MUNDY, M. O'BRIEN, PARKER, PASHINSKI, PAYTON, READSHAW, SIPTROTH, K. SMITH, VULAKOVICH, WATERS, YOUNGBLOOD, BRADFORD, JOSEPHS, HESS, JOHNSON, MURT, MELIO, MILNE AND McILVAINE SMITH, JUNE 3, 2009

AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 10, 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 compulsory

school attendance and for exceptions to compulsory school

attendance; and requiring all public school districts in this

Commonwealth to conduct interviews for all students who

withdraw or are illegally absent from school.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1327 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding a subsection to read:

Section 1327.  Compulsory School Attendance.--* * *

(a.1)  A student who is not in compliance with this section

shall be required to complete an interview in accordance with

section 1354.1.

* * *

Section 2.  Section 1330 of the act, amended May 11, 1949

(P.L.1195, No.361), October 21, 1965 (P.L.601, No.312) and

January 14, 1970 (1969 P.L.468, No.192), is amended to read:

Section 1330.  Exceptions to Compulsory Attendance.--(a)  The

provisions of this act requiring regular attendance shall not

apply to any child who--

(1)  Has attained the age of sixteen (16) years, and who is

regularly engaged in any useful and lawful employment or service

during the time the public schools are in session, and who holds

an employment certificate issued according to law;

(2)  Has been examined by an approved mental clinic or by a

person certified as a public school psychologist or

psychological examiner, and has been found to be unable to

profit from further public school attendance, and who has been

reported to the board of school directors and excused, in

accordance with regulations prescribed by the State Board of

Education.

(3)  Has attained the age of fifteen (15) years and is

engaged in farm work or domestic service in a private home on a

permit issued by the school board or the designated school

official of the school district of the child's residence, in

accordance with regulations which the Superintendent of Public

Instruction is hereby authorized to prescribe;

(4)  Has attained the age of fourteen (14) years and is

engaged in farm work or domestic service in a private home on a

permit issued as provided in clause (3) of this section, and who

has satisfactorily completed, either in public or private

schools, the equivalent of the highest grade of the elementary

school organization prevailing in the public schools of the

district in which he resides, if the issuance of such a permit

has first been recommended by the district superintendent of

schools having supervision of the schools of the district where

such child resides, or by the principal of the private school

where such child is enrolled, and the reason therefor has been

approved by the Superintendent of Public Instruction;

(5)  Except in districts of the fourth class and those of the

third class located wholly within the boundary lines of a

township, or within the boundary lines of a borough which has a

population of less than five hundred (500) inhabitants to the

square mile, resides two miles or more by the nearest public

highways from any public school in session and no proper free

transportation is furnished to such child to and from school.

(b)  A student who withdraws under this section shall

complete an interview in accordance with section 1354.1.

Section 3.  The act is amended by adding a section to read:

Section 1354.1.  Interview Reports for Withdrawing and

Illegally Absent Students.--(a)  It shall be the duty of every a 

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school principal of a school district public school or charter

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school to conduct or assign a designee to conduct an interview

for each student who withdraws or is illegally absent for ten

(10) days or more, without lawful excuse, from that public 

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school district or charter school. During the interview the

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student shall be made aware of alternatives to withdrawing from

the public school district or charter school. If the student is

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legally withdrawing as provided in section 1330, the interview

must be done in conjunction with the verification of any work or

farm permit issued. If the student is not in compliance with the

compulsory school attendance provisions of this act, an

interview must be conducted that further inquires as to why the

student is illegally absent. A migratory child or a student

withdrawing to attend another public school entity, a charter

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school, cyber charter school, home education program, nonpublic

nonlicensed school, private academic school or an approved

institution of higher education shall not be required to

complete an interview required in this section.

(b)  If a student fails to complete the interview required

under subsection (a), the school principal shall conduct an

interview with a parent or guardian of the student. The

principal shall send a written notice to the parent or guardian

by certified mail, return receipt requested, that informs the

parent or guardian of the interview required by and the penalty

for failure to comply with this subsection, and shall maintain a

copy of the notice and the return receipt, if any, with the

records of the student. The interview may be conducted in person

or via the telephone at a time most accommodating for both

parties. Failure of a parent or guardian to complete an

interview on behalf of the child of the parent or guardian

within fifteen (15) school days after the last day the child

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attended school date written notice is sent by certified mail is

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a violation of this section and the school district or charter

school may impose a civil penalty in accordance with section

1333.

(c)  The Department of Education shall establish and

distribute a standard form to be completed by a school principal

or a designee during an interview. The form shall require, but

is not limited to, the following information: name, address,

telephone number, date of birth, most current student

identification number, current grade level, school name and

district, reasons for withdrawing, name, address and telephone

number of a parent or guardian and any other information the

department deems necessary. The form must be filed with the

Department of Education within thirty (30) days following the

interview. The data collected from the interviews, excluding

specific names and addresses and identification, will be used in

conjunction with the Electronic Dropout/Graduate Report (EDGR),

a data reporting system or a report of equivalence compiled and

distributed by the Division of Data Services of the Department

of Education. In addition, the information shall be made part of

the student's permanent record by the school district or charter

school. The report must be made public at the end of each fiscal

year.

(d)  The provisions of sections 1356 and 1357 shall not apply

to this section.

Section 4.  This act shall take effect July 1, 2009.