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        PRIOR PRINTER'S NOS. 147, 981, 1270           PRINTER'S NO. 4514

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, 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
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     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
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     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.












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