PRIOR PRINTER'S NOS. 147, 981, 1270 PRINTER'S NO. 4514
No. 120 Session of 2007
INTRODUCED BY ROEBUCK, STAIRS, CURRY, D. EVANS, BEYER, BISHOP, CALTAGIRONE, FABRIZIO, FRANKEL, HARPER, JAMES, MANDERINO, MANN, M. O'BRIEN, YOUNGBLOOD, PAYTON, PARKER, WHEATLEY, CONKLIN, MURT, BRENNAN, HORNAMAN, MELIO AND KORTZ, JANUARY 31, 2007
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 7, 2008
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 * * *
1 Section 2. Section 1330 of the act, amended May 11, 1949
2 (P.L.1195, No.361), October 21, 1965 (P.L.601, No.312) and
3 January 14, 1970 (1969 P.L.468, No.192), is amended to read:
4 Section 1330. Exceptions to Compulsory Attendance.--(a) The
5 provisions of this act requiring regular attendance shall not
6 apply to any child who--
7 (1) Has attained the age of sixteen (16) years, and who is
8 regularly engaged in any useful and lawful employment or service
9 during the time the public schools are in session, and who holds
10 an employment certificate issued according to law;
11 (2) Has been examined by an approved mental clinic or by a
12 person certified as a public school psychologist or
13 psychological examiner, and has been found to be unable to
14 profit from further public school attendance, and who has been
15 reported to the board of school directors and excused, in
16 accordance with regulations prescribed by the State Board of
17 Education.
18 (3) Has attained the age of fifteen (15) years and is
19 engaged in farm work or domestic service in a private home on a
20 permit issued by the school board or the designated school
21 official of the school district of the child's residence, in
22 accordance with regulations which the Superintendent of Public
23 Instruction is hereby authorized to prescribe;
24 (4) Has attained the age of fourteen (14) years and is
25 engaged in farm work or domestic service in a private home on a
26 permit issued as provided in clause (3) of this section, and who
27 has satisfactorily completed, either in public or private
28 schools, the equivalent of the highest grade of the elementary
29 school organization prevailing in the public schools of the
30 district in which he resides, if the issuance of such a permit
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1 has first been recommended by the district superintendent of 2 schools having supervision of the schools of the district where 3 such child resides, or by the principal of the private school 4 where such child is enrolled, and the reason therefor has been 5 approved by the Superintendent of Public Instruction; 6 (5) Except in districts of the fourth class and those of the 7 third class located wholly within the boundary lines of a 8 township, or within the boundary lines of a borough which has a 9 population of less than five hundred (500) inhabitants to the 10 square mile, resides two miles or more by the nearest public 11 highways from any public school in session and no proper free 12 transportation is furnished to such child to and from school. 13 (b) A student who withdraws under this section shall 14 complete an interview in accordance with section 1354.1. 15 Section 3. The act is amended by adding a section to read: 16 Section 1354.1. Interview Reports for Withdrawing and 17 Illegally Absent Students.--(a) It shall be the duty of every 18 school principal of a school district or charter school to 19 conduct or assign a designee to conduct an interview for each 20 student who withdraws or is illegally absent for ten (10) days 21 or more, without lawful excuse, from that school district or 22 charter school. During the interview the student shall be made 23 aware of alternatives to withdrawing from the school district or 24 charter school. If the student is legally withdrawing as 25 provided in section 1330, the interview must be done in 26 conjunction with the verification of any work or farm permit 27 issued. If the student is not in compliance with the compulsory 28 school attendance provisions of this act, an interview must be 29 conducted that further inquires as to why the student is 30 illegally absent. A student withdrawing to attend a charter 20070H0120B4514 - 3 -
1 school, cyber charter school, home education program, nonpublic 2 nonlicensed school, private academic school or an approved 3 institution of higher education shall not be required to 4 complete an interview required in this section. 5 (b) If a student fails to complete the interview required 6 under subsection (a), the school principal shall conduct an 7 interview with a parent or guardian of the student. The 8 principal shall send a written notice to the parent or guardian 9 by certified mail, return receipt requested, that informs the 10 parent or guardian of the interview required by and the penalty 11 for failure to comply with this subsection, and shall maintain a 12 copy of the notice and the return receipt, if any, with the 13 records of the student. The interview may be conducted in person 14 or via the telephone at a time most accommodating for both 15 parties. Failure of a parent or guardian to complete an 16 interview on behalf of the child of the parent or guardian 17 within fifteen (15) school days after the last day the child 18 attended school is a violation of this section and the school 19 district or charter school may impose a civil penalty in 20 accordance with section 1333. 21 (c) The Department of Education shall establish and 22 distribute a standard form to be completed by a school principal 23 or a designee during an interview. The form shall require, but 24 is not limited to, the following information: name, address, 25 telephone number, date of birth, most current student 26 identification number, current grade level, school name and 27 district, reasons for withdrawing, name, address and telephone 28 number of a parent or guardian and any other information the 29 department deems necessary. These forms must be filed with the 30 Department of Education within thirty (30) days following the 20070H0120B4514 - 4 -
1 interview. The data collected from the interviews, excluding 2 specific names and addresses and identification, will be used in 3 conjunction with the Electronic Dropout/Graduate Report (EDGR), 4 a data reporting system or a report of equivalence compiled and 5 distributed by the Division of Data Services of the Department 6 of Education. In addition, the information shall be made part of 7 the student's permanent record by the school district or charter 8 school. The report must be made public at the end of each fiscal 9 year. 10 (d) The provisions of sections 1356 and 1357 shall not apply 11 to this section. 12 Section 4. This act shall take effect in 60 days JULY 1, <-- 13 2009. A23L24BIL/20070H0120B4514 - 5 -