THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY R. BROWN, MOUL, CALTAGIRONE, DAVIS, GEIST, GOODMAN, GROVE, HARPER, HESS, HORNAMAN, KORTZ, MANN, MILLER, MURT, PICKETT, SAYLOR AND TOOHIL, JUNE 22, 2012

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 22, 2012  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," providing for educational

stability of children in out-of-home placement; and making an

inconsistent repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, is amended by adding an article to

read:

ARTICLE XIII-B

EDUCATIONAL STABILITY

Section 1301-B.  Scope.

This article relates to the educational stability of children

in out-of-home placement.

Section 1302-B.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Change in placement."  A situation in which the placement of

a child is changed consistent with Department of Public Welfare

regulations to achieve the goals of the family service plan or

due to discharge from care as the result of age. The term

includes, but is not limited to:

(1)  Foster care.

(2)  Kinship care.

(3)  Permanent legal guardianship.

(4)  Reunification.

(5)  Congregate care.

"County agency."  The county children and youth social

service agency exercising the power and duties provided for in

section 405 of the act of June 24, 1937 (P.L.2017, No.396),

known as the County Institution District Law, or its successor,

and supervised by the Department of Public Welfare under Article

IX.

"Foster care maintenance payments."  As defined under section

475(4) of the Social Security Act (49 Stat. 620, 42 U.S.C. §

675(4)).

"Foster parent."  An individual approved by a public or

private foster family care agency to provide foster family care

services to a child who is temporarily separated from the

child's legal family and placed in the legal custody of an

agency.

"Kinship care."  The full-time nurturing and protection of a

child who is separated from his parents and placed in the home

of a caregiver who has an existing relationship with the child

or the child's family.

"Local education agency."  As defined in section 9101(26) of

the Elementary and Secondary Education Act of 1965 (Public Law

89-10, 20 U.S.C. § 7801(26)).

"Relative."  An individual who is at least 21 years of age

and meets at least one of the following:

(1)  Is related within the fifth degree consanguinity or

affinity to the parent or stepparent of a child.

(2)  Is a godparent of the child as recognized by an

organized church or is a member of the child's tribe or clan.

(3)  Has a significant positive relationship with the

child or child's family.

Section 1303-B.  Case plan to ensure educational stability.

If a child has been removed from the child's home under a

voluntary placement agreement or is in the legal custody of the

county agency, the county agency shall develop a case plan for

ensuring the educational stability of the child. The case plan

shall be based on the best interests of the child as determined

by a court. Until a court has made a best-interest determination

for the child, the child shall remain in the current school

unless the county agency determines that remaining in the same

school is impractical or poses a safety concern for the child.

The case plan shall be part of the family service plan and the

individual service plan of the child. The case plan shall

include:

(1)  Assurances that the placement of the child takes

into account the appropriateness of the current educational

setting and the change in proximity to the school in which

the child is enrolled at the time of placement or any change

in placement.

(2)  Either:

(i)  an assurance that the county agency has

coordinated with the appropriate local education agency

to ensure that the child remains in the school in which

the child is enrolled at the time of placement or any

change in placement; or

(ii)  if remaining in such school is not in the best

interest of the child, assurances by the county agency

and the local educational agency to provide immediate and

appropriate enrollment in a new school. Enrollment in a

new school shall occur within five business days after

submission of required enrollment documents. All of the

educational records of the child should be provided by

the local education agency to the new school immediately,

but in no case shall it take more than ten business days

after receipt by the local education agency of a request

for educational records to provide educational records to

the new school.

Section 1304-B.  Refusal of students prohibited.

A local education agency may not refuse to retain a child in

the current school or to enroll a child in a new school when a

change in placement occurs, if one of the following applies:

(1)  The child has been placed outside the attendance

area, but a court has determined that it is in the best

interest of the child to remain enrolled in the school in

which the child is enrolled at the time of placement or any

change in placement.

(2)  The child has been placed within a new school

district or attendance area, and a court has determined that

it is in the best interest of the child to be immediately

enrolled in a district school.

(3)  Pending a determination by a court, the child, in

accordance with a determination by a county agency, seeks to

remain in the same school or enroll in a new school because

remaining in the same school is impractical or unsafe.

Nothing in this paragraph shall be construed to limit a

court's determination of the educational best interest of the

child.

Section 1305-B.  Transportation.

If a court has determined that it is in the best interest of

the child to remain in a school under this article, the child

shall be entitled to free and appropriate transportation to

attend the school. The following shall apply:

(1)  If the child needs transportation to the school and

is awaiting foster care placement under the McKinney-Vento

Homeless Assistance Act of 1987 (Public Law 100-77, 42 U.S.C.

§ 11301 et seq.), the cost of transportation shall be paid by

a local education agency in accordance with that act.

(2)  If the child needs transportation to the school and

does not qualify as a child awaiting foster care placement

under the McKinney-Vento Homeless Assistance Act of 1987,

reasonable costs for transportation shall be paid by the

county agency unless transportation can be provided by the

school district in which the child is enrolled at no

additional cost to the school district. The county agency

shall provide for the cost of transportation for the child

by:

(i)  making a foster care maintenance payment in the

amount of the reasonable cost of transporting the child

to the school to a foster parent or relative eligible to

receive payment under Article XIII; or

(ii)  making a payment in the amount of the

reasonable cost of transporting the child to the school

to the local education agency that is transporting the

child to school.

Section 1306-B.  School district subsidy.

If, under this article, a child is allowed to remain in a

school district other than the child's school district of

residence, the child shall be included in the average daily

membership of the school district in which the child is enrolled

for the purpose of calculating school district subsidies under

the act of March 10, 1949 (P.L.30, No.14), known as the Public

School Code of 1949.

Section 1307-B.  Regulations.

The department shall promulgate regulations necessary to

carry out the provisions of this article within 270 days of the

effective date of this section.

Section 2.  Section 1305 of the act of March 10, 1949

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

repealed insofar as it is inconsistent with Article XIII-B of

the act.

Section 3.  This act shall take effect in 60 days.