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                                                       PRINTER'S NO. 147

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 120 Session of 2007


        INTRODUCED BY ROEBUCK, STAIRS, CURRY, D. EVANS, BEYER, BISHOP,
           CALTAGIRONE, FABRIZIO, FRANKEL, HARPER, JAMES, MANDERINO,
           MANN, M. O'BRIEN, O'NEILL AND YOUNGBLOOD, JANUARY 31, 2007

        REFERRED TO COMMITTEE ON EDUCATION, JANUARY 31, 2007

                                     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," further providing for compulsory
     6     school attendance and for exceptions to compulsory school
     7     attendance; and requiring all public school districts in this
     8     Commonwealth to conduct interviews for all students who
     9     withdraw or are illegally absent from school.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 1327 of the act of March 10, 1949
    13  (P.L.30, No.14), known as the Public School Code of 1949, is
    14  amended by adding a subsection to read:
    15     Section 1327.  Compulsory School Attendance.--* * *
    16     (a.1)  A student who is out of compliance with this section
    17  shall be required to complete an interview in accordance with
    18  section 1354.1.
    19     * * *
    20     Section 2.  Section 1330 of the act, amended May 11, 1949
    21  (P.L.1195, No.361), October 21, 1965 (P.L.601, No.312) and

     1  January 14, 1970 (1969 P.L.468, No.192), is amended to read:
     2     Section 1330.  Exceptions to Compulsory Attendance.--(a)  The
     3  provisions of this act requiring regular attendance shall not
     4  apply to any child who--
     5     (1)  Has attained the age of sixteen (16) years, and who is
     6  regularly engaged in any useful and lawful employment or service
     7  during the time the public schools are in session, and who holds
     8  an employment certificate issued according to law;
     9     (2)  Has been examined by an approved mental clinic or by a
    10  person certified as a public school psychologist or
    11  psychological examiner, and has been found to be unable to
    12  profit from further public school attendance, and who has been
    13  reported to the board of school directors and excused, in
    14  accordance with regulations prescribed by the State Board of
    15  Education.
    16     (3)  Has attained the age of fifteen (15) years and is
    17  engaged in farm work or domestic service in a private home on a
    18  permit issued by the school board or the designated school
    19  official of the school district of the child's residence, in
    20  accordance with regulations which the Superintendent of Public
    21  Instruction is hereby authorized to prescribe;
    22     (4)  Has attained the age of fourteen (14) years and is
    23  engaged in farm work or domestic service in a private home on a
    24  permit issued as provided in clause (3) of this section, and who
    25  has satisfactorily completed, either in public or private
    26  schools, the equivalent of the highest grade of the elementary
    27  school organization prevailing in the public schools of the
    28  district in which he resides, if the issuance of such a permit
    29  has first been recommended by the district superintendent of
    30  schools having supervision of the schools of the district where
    20070H0120B0147                  - 2 -     

     1  such child resides, or by the principal of the private school
     2  where such child is enrolled, and the reason therefor has been
     3  approved by the Superintendent of Public Instruction;
     4     (5)  Except in districts of the fourth class and those of the
     5  third class located wholly within the boundary lines of a
     6  township, or within the boundary lines of a borough which has a
     7  population of less than five hundred (500) inhabitants to the
     8  square mile, resides two miles or more by the nearest public
     9  highways from any public school in session and no proper free
    10  transportation is furnished to such child to and from school.
    11     (b)  A student who withdraws under this section shall
    12  complete an interview in accordance with section 1354.1.
    13     Section 3.  The act is amended by adding a section to read:
    14     Section 1354.1.  Interview Reports for Withdrawing and
    15  Illegally Absent Students.--(a)  It shall be the duty of every
    16  school principal and guidance counselor to conduct or order an
    17  interview for each student who withdraws or is illegally absent
    18  for ten (10) days or more, without lawful excuse, from that
    19  school district. During the interview the student shall be made
    20  aware of alternatives to withdrawing from the school district.
    21  If the student is legally withdrawing as provided in section
    22  1330, the interview must be done in conjunction with the
    23  verification of any work or farm permit issued. If the student
    24  is not in compliance with the compulsory school attendance
    25  provisions of this act, an interview must be conducted that
    26  further inquires as to why the student is illegally absent. A
    27  student withdrawing to attend a charter school, cyber charter
    28  school, home education program, nonpublic nonlicensed school,
    29  private academic school or an approved institution of higher
    30  education shall not be required to complete an interview
    20070H0120B0147                  - 3 -     

     1  required in this section.
     2     (b)  Any parent or guardian of a student of compulsory school
     3  age who is withdrawing or illegally absent shall complete an
     4  interview on behalf of the student if, and only if, the student
     5  fails to complete the interview first. The interview may be
     6  conducted in person or via the telephone at a time most
     7  accommodating for both parties. Failure of a parent or guardian
     8  to complete an interview on behalf of the child of the parent or
     9  guardian within fifteen (15) school days after the last day the
    10  child attended school is a violation of this section and the
    11  school district may impose a civil penalty in accordance with
    12  section 1333.
    13     (c)  The Department of Education shall establish and
    14  distribute a standard form to be completed by a school principal
    15  or guidance counselor during an interview. The form shall
    16  require, but is not limited to, the following information: name,
    17  address, telephone number, date of birth, most current student
    18  identification number, current grade level, school name and
    19  district, reasons for withdrawing, name, address and telephone
    20  number of a parent or guardian and any other information the
    21  department deems necessary. These forms must be filed with the
    22  Department of Education within thirty (30) days following the
    23  interview. The data collected from the interviews, excluding
    24  specific names and addresses and identification, will be used in
    25  conjunction with the Electronic Dropout/Graduate Report (EDGR),
    26  a data reporting system or a report of equivalence compiled and
    27  distributed by the Division of Data Services of the Department
    28  of Education. In addition, the information shall be made part of
    29  the student's permanent record. The report must be made public
    30  at the end of each fiscal year.
    20070H0120B0147                  - 4 -     

     1     (d)  The provisions of sections 1356 and 1357 shall not apply
     2  to this section.
     3     Section 4.  This act shall take effect in 60 days.


















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