PRIOR PRINTER'S NO. 2196 PRINTER'S NO. 3853
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. F9L24BIL/20050H1729B3853 - 6 -