S0359B1642A06675 DMS:JSL 04/11/16 #90 A06675
AMENDMENTS TO SENATE BILL NO. 359
Sponsor: SENATOR GREENLEAF
Printer's No. 1642
Amend Bill, page 1, line 20, by striking out "and"
Amend Bill, page 1, line 21, by striking out the period after
"privilege" and inserting
; in charter schools, further providing for provisions
applicable to charter schools and for applicability of other
provisions of this act and of other acts and regulations;
and, in disruptive student programs, further providing for
definitions.
Amend Bill, page 7, line 21, by inserting after "COURT"
, a municipal court of Philadelphia
Amend Bill, page 7, by inserting between lines 22 and 23
The term "educational entity" shall mean a public school
district, charter school, regional charter school, cyber charter
school, nonpublic school or area vocational-technical school.
Amend Bill, page 7, line 28, by inserting after "JUDGE"
, a municipal court judge
Amend Bill, page 10, line 13, by inserting after "PERSON"
, via phone conferencing
Amend Bill, page 10, line 27, by striking out the bracket
before "SIX"
Amend Bill, page 10, line 27, by striking out "] EIGHT (8)"
Amend Bill, page 15, lines 21 and 22, by striking out "A FORM
AND USE LANGUAGE THAT WOULD BE CONSIDERED REASONABLY
UNDERSTANDABLE" and inserting
the mode and language of communication preferred
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Amend Bill, page 16, line 9, by striking out "MAY" and
inserting
shall
Amend Bill, page 16, line 10, by inserting after
"PARTICIPATE"
or fails to attend the scheduled conference after advance
written notice and attempts to communicate via telephone
Amend Bill, page 16, by inserting between lines 19 and 20
(c) Schools shall not expel or impose out-of-school
suspension, disciplinary reassignment or transfer for truant
behavior.
Amend Bill, page 17, line 1, by striking out "MAGISTERIAL
DISTRICT"
Amend Bill, page 17, line 10, by striking out "MAGISTERIAL
DISTRICT"
Amend Bill, page 17, line 24, by striking out "MAGISTERIAL
DISTRICT COURT" and inserting
office of the appropriate judge
Amend Bill, page 17, line 26, by striking out "OFFERED" and
inserting
held
Amend Bill, page 18, lines 3 and 4, by striking out
"MAGISTERIAL DISTRICT "
Amend Bill, page 18, lines 14 through 16, by striking out
"THE CHILD WAS HABITUALLY TRUANT" in line 14, all of line 15 and
"REQUIREMENTS" in line 16 and inserting
, while subject to compulsory school attendance, the child
was habitually and without justification truant from school
Amend Bill, page 18, by inserting between lines 25 and 26
(e) The court shall determine whether the evidence has
established that a child or person in parental relation has
violated the compulsory school attendance requirements of this
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article and shall enter that verdict on the record.
Amend Bill, page 18, line 26, by striking out "(E)" and
inserting
(f)
Amend Bill, page 22, lines 4 and 5, by striking out "CHILD:
(I) HAS" and inserting
child has
Amend Bill, page 22, lines 9 through 12, by striking out all
of said lines
Amend Bill, page 22, by inserting between lines 16 and 17
(h) Nothing in this section shall be construed to apply to a
parent, guardian or person in parental relation whose child or
children are in a home education program under section 1327.1.
Amend Bill, page 23, by inserting between lines 10 and 11
Section 7. Sections 1732-A(a) and 1749-A(a)(1) of the act,
amended or added June 29, 2002 (P.L.524, No.88), are amended to
read:
Section 1732-A. Provisions Applicable to Charter Schools.--
(a) Charter schools shall be subject to the following:
Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,
510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753, 755,
771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301, 1310,
1317, 1317.1, 1317.2, 1318, 1326, 1327, 1327.2, 1330, 1332,
1333, 1333.1, 1333.2, 1333.3, 1303-A, 1513, 1517, 1518, 1521,
1523, 1531, 1547, 2014-A, Article XIII-A and Article XIV.
Act of July 17, 1961 (P.L.776, No.341), known as the
"Pennsylvania Fair Educational Opportunities Act."
Act of July 19, 1965 (P.L.215, No.116), entitled "An act
providing for the use of eye protective devices by persons
engaged in hazardous activities or exposed to known dangers in
schools, colleges and universities."
Section 4 of the act of January 25, 1966 (1965 P.L.1546,
No.541), entitled "An act providing scholarships and providing
funds to secure Federal funds for qualified students of the
Commonwealth of Pennsylvania who need financial assistance to
attend postsecondary institutions of higher learning, making an
appropriation, and providing for the administration of this
act."
Act of July 12, 1972 (P.L.765, No.181), entitled "An act
relating to drugs and alcohol and their abuse, providing for
projects and programs and grants to educational agencies, other
public or private agencies, institutions or organizations."
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Act of December 15, 1986 (P.L.1595, No.175), known as the
"Antihazing Law."
* * *
Section 1749-A. Applicability of other provisions of this act
and of other acts and regulations.
(a) General requirements.--Cyber charter schools shall be
subject to the following:
(1) Sections 108, 110, 111, 321, 325, 326, 327, 431,
436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777,
808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,
1302, 1310, 1317.2, 1318, 1326, 1327, 1327.2, 1330, 1332,
1333, 1333.1, 1333.2, 1333.3, 1303-A, 1518, 1521, 1523, 1531,
1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A, 1719-A, 1721-A,
1722-A, 1723-A(a) and (b), 1724-A, 1725-A, 1727-A, 1729-A,
1730-A, 1731-A(a)(1) and (b) and 2014-A and Articles XII-A,
XIII-A and XIV.
* * *
Section 8. The definition of "disruptive student" in section
1901-C of the act, added June 25, 1997 (P.L.297, No.30), is
amended to read:
Section 1901-C. Definitions.--For purposes of this article,
the following terms shall have the following meanings:
* * *
(5) "Disruptive student." A student who poses a clear
threat to the safety and welfare of other students or the school
staff, who creates an unsafe school environment or whose
behavior materially interferes with the learning of other
students or disrupts the overall educational process. The
disruptive student exhibits to a marked degree any or all of the
following conditions:
(i) Disregard for school authority, including persistent
violation of school policy and rules.
(ii) Display or use of controlled substances on school
property or during school-affiliated activities.
(iii) Violent or threatening behavior on school property or
during school-affiliated activities.
(iv) Possession of a weapon on school property, as defined
under 18 Pa.C.S. § 912 (relating to possession of weapon on
school property).
(v) Commission of a criminal act on school property or
during school-affiliated activities.
(vi) Misconduct that would merit suspension or expulsion
under school policy.
[(vii) Habitual truancy.]
No student who is eligible for special education services
pursuant to the Individuals with Disabilities Education Act
(Public Law 91-230, 20 U.S.C. § 1400 et seq.) shall be deemed a
disruptive student for the purposes of this act, except as
provided for in 22 Pa. Code § 14.35 (relating to discipline).
* * *
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Amend Bill, page 23, line 11, by striking out "7" and
inserting
9
Amend Bill, page 23, line 21, by striking out "8" and
inserting
10
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