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        PRIOR PRINTER'S NO. 2196                     PRINTER'S NO. 3853

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1729 Session of 2005


        INTRODUCED BY ROEBUCK, DeWEESE, MUNDY, GRUCELA, E. Z. TAYLOR,
           STURLA, LEACH, CREIGHTON, BAKER, BELFANTI, BIANCUCCI,
           CALTAGIRONE, CRAHALLA, FRANKEL, FREEMAN, GEIST, GOODMAN,
           JAMES, JOSEPHS, LEDERER, MANN, McGEEHAN, THOMAS, TIGUE,
           WATERS, WHEATLEY, YOUNGBLOOD, BENNINGHOFF AND SIPTROTH,
           JUNE 14, 2005

        AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 5, 2006

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An  <--
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," requiring all public school districts
     6     in this Commonwealth to conduct exit interviews for all
     7     students who withdraw from school.
     8  AMENDING THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), ENTITLED "AN  <--
     9     ACT RELATING TO THE PUBLIC SCHOOL SYSTEM, INCLUDING CERTAIN
    10     PROVISIONS APPLICABLE AS WELL TO PRIVATE AND PAROCHIAL
    11     SCHOOLS; AMENDING, REVISING, CONSOLIDATING AND CHANGING THE
    12     LAWS RELATING THERETO," FURTHER PROVIDING FOR COMPULSORY
    13     SCHOOL ATTENDANCE AND FOR EXCEPTIONS TO COMPULSORY SCHOOL
    14     ATTENDANCE; AND REQUIRING ALL PUBLIC SCHOOL DISTRICTS IN THIS
    15     COMMONWEALTH TO CONDUCT INTERVIEWS FOR ALL STUDENTS WHO
    16     WITHDRAW OR ARE ILLEGALLY ABSENT FROM SCHOOL.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  The act of March 10, 1949 (P.L.30, No.14), known   <--
    20  as the Public School Code of 1949, is amended by adding a
    21  section to read:
    22     Section 1354.1.  Exit Interviews for Withdrawing Students.--


     1  (a)  It shall be the duty of every superintendent to conduct or
     2  order an exit interview for each student who withdraws from that
     3  school district. If the student is between fourteen (14) and
     4  sixteen (16) years of age and legally withdrawing, the interview
     5  must be done in conjunction with the verification of any work or
     6  farm permit as provided in section 1330. If the student is not
     7  in compliance with the compulsory school attendance laws and has
     8  been absent without excuse for more than three (3) days, an
     9  interview must be conducted that further inquires as to why the
    10  student is absent or dropping out.
    11     (b)  Any parent or guardian of a student between eight (8)
    12  and seventeen (17) years of age who is absent for a period
    13  exceeding three (3) days and that absence is unexcused will
    14  complete an exit interview on behalf of the student if, and only
    15  if, the student fails to complete the interview first. The
    16  interview may be conducted in person or via the telephone at a
    17  time most accommodating for both parties. Failure of a parent or
    18  guardian to complete an exit interview on behalf of their child
    19  is a violation of this section and the school district may
    20  impose a civil penalty of fifty dollars ($50) to be used by the
    21  school district to find the student and complete the student's
    22  records.
    23     (c)  The Department of Education shall establish and
    24  distribute a standard form to be completed by a school
    25  superintendent during an exit interview. The form shall require
    26  the following minimum information: name, address, telephone
    27  number, date of birth, most current student identification
    28  number, current grade level, school name and district, reason
    29  for withdrawing and name, address, and telephone number of a
    30  parent or guardian. These forms must be filed with the
    20050H1729B3853                  - 2 -     

     1  Department of Education within fifteen (15) days following the
     2  exit interview. The data collected from the exit interviews,
     3  excluding specific names and addresses and ID's, will be used in
     4  conjunction with the Electronic Dropout/Graduate Report (EDGR),
     5  a data reporting system or a report of equivalence compiled and
     6  distributed by the Division of Data Services of the Department
     7  of Education. In addition, the information shall be made part of
     8  the student's permanent record. The report must be made public
     9  at the end of each fiscal year.
    10     Section 2.  This act shall take effect in 60 days.
    11     SECTION 1.  SECTION 1327 OF THE ACT OF MARCH 10, 1949          <--
    12  (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
    13  AMENDED BY ADDING A SUBSECTION TO READ:
    14     SECTION 1327.  COMPULSORY SCHOOL ATTENDANCE.--* * *
    15     (A.1)  A STUDENT WHO IS OUT OF COMPLIANCE WITH THIS SECTION
    16  SHALL BE REQUIRED TO COMPLETE AN INTERVIEW IN ACCORDANCE WITH
    17  SECTION 1354.1.
    18     * * *
    19     SECTION 2.  SECTION 1330 OF THE ACT, AMENDED MAY 11, 1949
    20  (P.L.1195, NO.361), OCTOBER 21, 1965 (P.L.601, NO.312) AND
    21  JANUARY 14, 1970 (1969 P.L.468, NO.192), IS AMENDED TO READ:
    22     SECTION 1330.  EXCEPTIONS TO COMPULSORY ATTENDANCE.--(A)  THE
    23  PROVISIONS OF THIS ACT REQUIRING REGULAR ATTENDANCE SHALL NOT
    24  APPLY TO ANY CHILD WHO--
    25     (1)  HAS ATTAINED THE AGE OF SIXTEEN (16) YEARS, AND WHO IS
    26  REGULARLY ENGAGED IN ANY USEFUL AND LAWFUL EMPLOYMENT OR SERVICE
    27  DURING THE TIME THE PUBLIC SCHOOLS ARE IN SESSION, AND WHO HOLDS
    28  AN EMPLOYMENT CERTIFICATE ISSUED ACCORDING TO LAW;
    29     (2)  HAS BEEN EXAMINED BY AN APPROVED MENTAL CLINIC OR BY A
    30  PERSON CERTIFIED AS A PUBLIC SCHOOL PSYCHOLOGIST OR
    20050H1729B3853                  - 3 -     

     1  PSYCHOLOGICAL EXAMINER, AND HAS BEEN FOUND TO BE UNABLE TO
     2  PROFIT FROM FURTHER PUBLIC SCHOOL ATTENDANCE, AND WHO HAS BEEN
     3  REPORTED TO THE BOARD OF SCHOOL DIRECTORS AND EXCUSED, IN
     4  ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE STATE BOARD OF
     5  EDUCATION.
     6     (3)  HAS ATTAINED THE AGE OF FIFTEEN (15) YEARS AND IS
     7  ENGAGED IN FARM WORK OR DOMESTIC SERVICE IN A PRIVATE HOME ON A
     8  PERMIT ISSUED BY THE SCHOOL BOARD OR THE DESIGNATED SCHOOL
     9  OFFICIAL OF THE SCHOOL DISTRICT OF THE CHILD'S RESIDENCE, IN
    10  ACCORDANCE WITH REGULATIONS WHICH THE SUPERINTENDENT OF PUBLIC
    11  INSTRUCTION IS HEREBY AUTHORIZED TO PRESCRIBE;
    12     (4)  HAS ATTAINED THE AGE OF FOURTEEN (14) YEARS AND IS
    13  ENGAGED IN FARM WORK OR DOMESTIC SERVICE IN A PRIVATE HOME ON A
    14  PERMIT ISSUED AS PROVIDED IN CLAUSE (3) OF THIS SECTION, AND WHO
    15  HAS SATISFACTORILY COMPLETED, EITHER IN PUBLIC OR PRIVATE
    16  SCHOOLS, THE EQUIVALENT OF THE HIGHEST GRADE OF THE ELEMENTARY
    17  SCHOOL ORGANIZATION PREVAILING IN THE PUBLIC SCHOOLS OF THE
    18  DISTRICT IN WHICH HE RESIDES, IF THE ISSUANCE OF SUCH A PERMIT
    19  HAS FIRST BEEN RECOMMENDED BY THE DISTRICT SUPERINTENDENT OF
    20  SCHOOLS HAVING SUPERVISION OF THE SCHOOLS OF THE DISTRICT WHERE
    21  SUCH CHILD RESIDES, OR BY THE PRINCIPAL OF THE PRIVATE SCHOOL
    22  WHERE SUCH CHILD IS ENROLLED, AND THE REASON THEREFOR HAS BEEN
    23  APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION;
    24     (5)  EXCEPT IN DISTRICTS OF THE FOURTH CLASS AND THOSE OF THE
    25  THIRD CLASS LOCATED WHOLLY WITHIN THE BOUNDARY LINES OF A
    26  TOWNSHIP, OR WITHIN THE BOUNDARY LINES OF A BOROUGH WHICH HAS A
    27  POPULATION OF LESS THAN FIVE HUNDRED (500) INHABITANTS TO THE
    28  SQUARE MILE, RESIDES TWO MILES OR MORE BY THE NEAREST PUBLIC
    29  HIGHWAYS FROM ANY PUBLIC SCHOOL IN SESSION AND NO PROPER FREE
    30  TRANSPORTATION IS FURNISHED TO SUCH CHILD TO AND FROM SCHOOL.
    20050H1729B3853                  - 4 -     

     1     (B)  A STUDENT WHO WITHDRAWS UNDER THIS SECTION SHALL
     2  COMPLETE AN INTERVIEW IN ACCORDANCE WITH SECTION 1354.1.
     3     SECTION 3.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
     4     SECTION 1354.1.  INTERVIEW REPORTS FOR WITHDRAWING AND
     5  ILLEGALLY ABSENT STUDENTS.--(A)  IT SHALL BE THE DUTY OF EVERY
     6  SCHOOL PRINCIPAL AND GUIDANCE COUNSELOR TO CONDUCT OR ORDER AN
     7  INTERVIEW FOR EACH STUDENT WHO WITHDRAWS OR IS ILLEGALLY ABSENT
     8  FOR TEN (10) DAYS OR MORE, WITHOUT LAWFUL EXCUSE, FROM THAT
     9  SCHOOL DISTRICT. DURING THE INTERVIEW THE STUDENT SHALL BE MADE
    10  AWARE OF ALTERNATIVES TO WITHDRAWING FROM THE SCHOOL DISTRICT.
    11  IF THE STUDENT IS LEGALLY WITHDRAWING AS PROVIDED IN SECTION
    12  1330, THE INTERVIEW MUST BE DONE IN CONJUNCTION WITH THE
    13  VERIFICATION OF ANY WORK OR FARM PERMIT ISSUED. IF THE STUDENT
    14  IS NOT IN COMPLIANCE WITH THE COMPULSORY SCHOOL ATTENDANCE
    15  PROVISIONS OF THIS ACT, AN INTERVIEW MUST BE CONDUCTED THAT
    16  FURTHER INQUIRES AS TO WHY THE STUDENT IS ILLEGALLY ABSENT. A
    17  STUDENT WITHDRAWING TO ATTEND A CHARTER SCHOOL, HOME EDUCATION
    18  PROGRAM, DAY SCHOOL OPERATED BY A BONA FIDE CHURCH OR OTHER
    19  RELIGIOUS BODY OR AN APPROVED INSTITUTION OF HIGHER EDUCATION
    20  SHALL NOT BE REQUIRED TO COMPLETE AN INTERVIEW REQUIRED IN THIS
    21  SECTION.
    22     (B)  ANY PARENT OR GUARDIAN OF A STUDENT OF COMPULSORY SCHOOL
    23  AGE WHO IS WITHDRAWING OR ILLEGALLY ABSENT SHALL COMPLETE AN
    24  INTERVIEW ON BEHALF OF THE STUDENT IF, AND ONLY IF, THE STUDENT
    25  FAILS TO COMPLETE THE INTERVIEW FIRST. THE INTERVIEW MAY BE
    26  CONDUCTED IN PERSON OR VIA THE TELEPHONE AT A TIME MOST
    27  ACCOMMODATING FOR BOTH PARTIES. FAILURE OF A PARENT OR GUARDIAN
    28  TO COMPLETE AN INTERVIEW ON BEHALF OF THE CHILD OF THE PARENT OR
    29  GUARDIAN WITHIN FIFTEEN (15) SCHOOL DAYS AFTER THE LAST DAY THE
    30  CHILD ATTENDED SCHOOL IS A VIOLATION OF THIS SECTION AND THE
    20050H1729B3853                  - 5 -     

     1  SCHOOL DISTRICT MAY IMPOSE A CIVIL PENALTY IN ACCORDANCE WITH
     2  SECTION 1333.
     3     (C)  THE DEPARTMENT OF EDUCATION SHALL ESTABLISH AND
     4  DISTRIBUTE A STANDARD FORM TO BE COMPLETED BY A SCHOOL PRINCIPAL
     5  OR GUIDANCE COUNSELOR DURING AN INTERVIEW. THE FORM SHALL
     6  REQUIRE, BUT IS NOT LIMITED TO, THE FOLLOWING INFORMATION: NAME,
     7  ADDRESS, TELEPHONE NUMBER, DATE OF BIRTH, MOST CURRENT STUDENT
     8  IDENTIFICATION NUMBER, CURRENT GRADE LEVEL, SCHOOL NAME AND
     9  DISTRICT, REASONS FOR WITHDRAWING, NAME, ADDRESS AND TELEPHONE
    10  NUMBER OF A PARENT OR GUARDIAN AND ANY OTHER INFORMATION THE
    11  DEPARTMENT DEEMS NECESSARY. THESE FORMS MUST BE FILED WITH THE
    12  DEPARTMENT OF EDUCATION WITHIN THIRTY (30) DAYS FOLLOWING THE
    13  INTERVIEW. THE DATA COLLECTED FROM THE INTERVIEWS, EXCLUDING
    14  SPECIFIC NAMES AND ADDRESSES AND ID'S, WILL BE USED IN
    15  CONJUNCTION WITH THE ELECTRONIC DROPOUT/GRADUATE REPORT (EDGR),
    16  A DATA REPORTING SYSTEM OR A REPORT OF EQUIVALENCE COMPILED AND
    17  DISTRIBUTED BY THE DIVISION OF DATA SERVICES OF THE DEPARTMENT
    18  OF EDUCATION. IN ADDITION, THE INFORMATION SHALL BE MADE PART OF
    19  THE STUDENT'S PERMANENT RECORD. THE REPORT MUST BE MADE PUBLIC
    20  AT THE END OF EACH FISCAL YEAR.
    21     (D)  THE PROVISIONS OF SECTIONS 1356 AND 1357 SHALL NOT APPLY
    22  TO THIS SECTION.
    23     SECTION 4.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.





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