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        PRIOR PRINTER'S NOS. 2118, 2669               PRINTER'S NO. 2876

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1643 Session of 2007


        INTRODUCED BY BENNINGTON, PARKER, MUNDY, LEACH, WHEATLEY,
           FRANKEL, BELFANTI, BRENNAN, CALTAGIRONE, HERSHEY, JAMES,
           KORTZ, PETRONE, READSHAW, SCHRODER, SHIMKUS, SIPTROTH, SURRA,
           WANSACZ, YOUNGBLOOD AND PAYTON, JUNE 27, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           NOVEMBER 20, 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 REPORTS TO       <--
     6     DEPARTMENT OF EDUCATION, FOR RULES AND REGULATIONS AND SAFETY
     7     PATROLS, FOR FINANCIAL REPORTS, FOR residence and right to
     8     free school privileges, FOR POSSESSION OF WEAPONS PROHIBITED   <--
     9     AND FOR SUSPENSION AND EXPULSION OF PUPILS.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 1302(a) of the act of March 10, 1949       <--
    13  (P.L.30, No.14), known as the Public School Code of 1949,
    14  amended December 23, 2003 (P.L.304, No.48), is amended and the
    15  section is amended by adding a subsection to read:
    16     SECTION 1.  SECTION 218 OF THE ACT OF MARCH 10, 1949 (P.L.30,  <--
    17  NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ADDED MAY 10,
    18  2000 (P.L.44, NO.16), IS AMENDED TO READ:
    19     SECTION 218.  REPORTS TO DEPARTMENT OF EDUCATION.--ALL
    20  FINANCIAL ACCOUNTING AND REPORTING BY SCHOOL DISTRICTS TO THE

     1  DEPARTMENT OF EDUCATION SHALL BE IN ACCORDANCE WITH GENERALLY
     2  ACCEPTED ACCOUNTING AND REPORTING STANDARDS[.], EXCEPT FOR THE
     3  ANNUAL FINANCIAL REPORT. THE DEPARTMENT OF EDUCATION SHALL
     4  ESTABLISH A REPORTING STANDARD FOR THE ANNUAL FINANCIAL REPORT.
     5  THE STANDARD SHALL CONFORM TO FUND LEVEL REPORTING CRITERIA
     6  ONLY, AND WILL BE AN ALLOWED OTHER COMPREHENSIVE BASIS OF
     7  ACCOUNTING. FOR PURPOSES OF THIS SECTION, AN "OTHER
     8  COMPREHENSIVE BASIS OF ACCOUNTING" SHALL MEAN A BASIS OF
     9  ACCOUNTING, OTHER THAN GENERALLY ACCEPTED ACCOUNTING PRINCIPLES,
    10  THAT AN ENTITY USES TO REPORT ITS ASSETS, LIABILITIES, EQUITY,
    11  REVENUES AND EXPENSES.
    12     SECTION 2.  SECTION 510 OF THE ACT, AMENDED JUNE 29, 1976
    13  (P.L.450, NO.110), IS AMENDED TO READ:
    14     SECTION 510.  RULES AND REGULATIONS; SAFETY PATROLS.--(A)
    15  THE BOARD OF SCHOOL DIRECTORS IN ANY SCHOOL DISTRICT MAY ADOPT
    16  AND ENFORCE SUCH REASONABLE RULES AND REGULATIONS AS IT MAY DEEM
    17  NECESSARY AND PROPER, REGARDING THE MANAGEMENT OF ITS SCHOOL
    18  AFFAIRS AND THE CONDUCT AND DEPORTMENT OF ALL SUPERINTENDENTS,
    19  TEACHERS, AND OTHER APPOINTEES OR EMPLOYES DURING THE TIME THEY
    20  ARE ENGAGED IN THEIR DUTIES TO THE DISTRICT, AS WELL AS
    21  REGARDING THE CONDUCT AND DEPORTMENT OF ALL [PUPILS] STUDENTS
    22  ATTENDING THE PUBLIC SCHOOLS IN THE DISTRICT, DURING SUCH TIME
    23  AS THEY ARE ATTENDING SCHOOL OR SCHOOL-RELATED ACTIVITIES, ARE
    24  PRESENT ON SCHOOL PROPERTY OR IN BUSES OR OTHER VEHICLES
    25  PROVIDED BY THE DISTRICT, OR OTHERWISE ARE UNDER THE SUPERVISION
    26  OF THE BOARD OF SCHOOL DIRECTORS AND TEACHERS, INCLUDING THE
    27  TIME NECESSARILY SPENT IN COMING TO AND RETURNING FROM
    28  SCHOOL[.], AND PERTAINING TO ACTIVITIES OF STUDENTS REGARDLESS
    29  OF TIME OR PLACE LIKELY TO CAUSE OR CAUSING SUBSTANTIAL
    30  DISRUPTION OF OR MATERIAL INTERFERENCE WITH SCHOOL ACTIVITIES OR
    20070H1643B2876                  - 2 -     

     1  THE ORDERLY AND SAFE ADMINISTRATION OF THE SCHOOLS.
     2     (B)  IN THE EXERCISE OF THIS AUTHORITY THE BOARD OF SCHOOL
     3  DIRECTORS IS EMPOWERED TO ORGANIZE SCHOOL SAFETY PATROLS AND,
     4  WITH THE PERMISSION OF THE PARENTS, TO APPOINT [PUPILS] STUDENTS
     5  AS MEMBERS THEREOF, FOR THE PURPOSE OF INFLUENCING AND
     6  ENCOURAGING THE OTHER [PUPILS] STUDENTS TO REFRAIN FROM CROSSING
     7  PUBLIC HIGHWAYS AT POINTS OTHER THAN AT REGULAR CROSSINGS, AND
     8  FOR THE PURPOSE OF DIRECTING [PUPILS] STUDENTS NOT TO CROSS
     9  HIGHWAYS AT TIMES WHEN THE PRESENCE OF TRAFFIC WOULD RENDER SUCH
    10  CROSSING UNSAFE. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO
    11  AUTHORIZE OR PERMIT THE USE OF ANY SAFETY PATROL MEMBER FOR THE
    12  PURPOSE OF DIRECTING VEHICULAR TRAFFIC, NOR SHALL ANY SAFETY
    13  PATROL MEMBER BE STATIONED IN THAT PORTION OF THE HIGHWAY
    14  INTENDED FOR THE USE OF VEHICULAR TRAFFIC. NO LIABILITY SHALL
    15  ATTACH EITHER TO THE SCHOOL DISTRICT, OR ANY INDIVIDUAL
    16  DIRECTOR, STUDENT, SUPERINTENDENT, TEACHER, OR OTHER SCHOOL
    17  EMPLOYE, BY VIRTUE OF THE ORGANIZATION, MAINTENANCE, OR
    18  OPERATION OF A SCHOOL SAFETY PATROL ORGANIZED, MAINTAINED, AND
    19  OPERATED UNDER AUTHORITY OF THIS SECTION.
    20     (C)  ALL FLAGS, BELTS, APPAREL AND DEVICES ISSUED, SUPPLIED
    21  OR FURNISHED TO PERSONS ACTING IN THE CAPACITY OF SPECIAL SCHOOL
    22  POLICE, OR SPECIAL POLICE APPOINTED TO CONTROL AND DIRECT
    23  TRAFFIC AT OR NEAR SCHOOLS, IN ORDER TO ENHANCE THE CONSPICUITY
    24  OF SUCH PERSONS, SHALL BE MADE FROM RETRO-REFLECTIVE AND
    25  FLUORESCENT MATERIALS VISIBLE BOTH DAY AND NIGHT AT THREE
    26  HUNDRED (300) FEET TO APPROACHING MOTORISTS USING LAWFUL LOW
    27  BEAM HEADLIGHTS AND SHALL CONFORM TO STANDARDS, SPECIFICATIONS,
    28  OR REGULATIONS ISSUED BY THE STATE BOARD OF EDUCATION. ALL BELTS
    29  SUPPLIED OR FURNISHED TO [PUPILS] STUDENTS ACTIVE IN THE
    30  CAPACITY OF SCHOOL SAFETY PATROL MEMBERS SHALL BE FLUORESCENT.
    20070H1643B2876                  - 3 -     

     1     SECTION 3.  SECTION 921-A OF THE ACT, AMENDED JULY 11, 2006
     2  (P.L.1092, NO.114), IS AMENDED TO READ:
     3     SECTION 921-A.  FINANCIAL REPORTS.--AN ANNUAL FINANCIAL
     4  REPORT SHALL BE SUBMITTED TO THE SECRETARY OF EDUCATION BY EACH
     5  INTERMEDIATE UNIT NOT LATER THAN THE 31ST DAY OF OCTOBER,
     6  TOGETHER WITH AN AUDITOR'S REPORT PREPARED BY AN INDEPENDENT
     7  AUDITOR WHO SHALL BE A CERTIFIED PUBLIC ACCOUNTANT OR OTHER
     8  COMPETENT PUBLIC ACCOUNTANT. ALL FINANCIAL ACCOUNTING AND
     9  REPORTING BY INTERMEDIATE UNITS TO THE DEPARTMENT OF EDUCATION
    10  SHALL BE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING AND
    11  REPORTING STANDARDS[.], EXCEPT FOR THE ANNUAL FINANCIAL REPORT.
    12  THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A REPORTING STANDARD
    13  FOR THE ANNUAL FINANCIAL REPORT. THE STANDARD SHALL CONFORM TO
    14  FUND LEVEL REPORTING CRITERIA ONLY, AND WILL BE AN ALLOWED OTHER
    15  COMPREHENSIVE BASIS OF ACCOUNTING. FOR PURPOSES OF THIS SECTION,
    16  AN "OTHER COMPREHENSIVE BASIS OF ACCOUNTING" SHALL MEAN A BASIS
    17  OF ACCOUNTING, OTHER THAN GENERALLY ACCEPTED ACCOUNTING
    18  PRINCIPLES, THAT AN ENTITY USES TO REPORT ITS ASSETS,
    19  LIABILITIES, EQUITY, REVENUES AND EXPENSES.
    20     SECTION 4.  SECTION 1302(A) OF THE ACT, AMENDED DECEMBER 23,
    21  2003 (P.L.304, NO.48), IS AMENDED AND THE SECTION IS AMENDED BY
    22  ADDING A SUBSECTION TO READ:
    23     Section 1302.  Residence and Right to Free School
    24  Privileges.--(a)  (1)  A child shall be considered a resident of
    25  the school district in which his parents or the guardian of his
    26  person resides. When a child's parents reside in different
    27  school districts, the child may attend either of the school
    28  districts in which his parents reside, regardless of which
    29  parent has primary physical custody of the child. The parents
    30  must choose and so state and agree in writing which of the two
    20070H1643B2876                  - 4 -     

     1  school districts shall be the child's school district of
     2  residence for the school year, unless there is a court order
     3  that directs which of the two districts shall be the child's
     4  school district of residence.
     5     (2)  Federal installations are considered a part of the
     6  school district or districts in which they are situate and the
     7  children residing on such installations shall be counted as
     8  resident pupils of the school district.
     9     (3)  Nothing in this subsection shall be construed to require
    10  a school district to transport a child to or from a residence
    11  outside of the school district.
    12     (a.1)  When a resident of any school district keeps in his
    13  home a child of school age, not his own, supporting the child
    14  gratis as if it were his own, such child shall be entitled to
    15  all free school privileges accorded to resident school children
    16  of the district, including the right to attend the public high
    17  school maintained in such district or in other districts in the
    18  same manner as though such child were in fact a resident school
    19  child of the district, and shall be subject to all the
    20  requirements placed upon resident school children of the
    21  district. Before such child may be accepted as a pupil, such
    22  resident shall file with the secretary of the board:
    23     (1)  appropriate legal documentation to show dependency or
    24  guardianship; or
    25     (2)  a sworn statement that he is a resident of the district,
    26  that he is supporting the child gratis, that he will assume all
    27  personal obligations for the child relative to school
    28  requirements, and that he intends to so keep and support the
    29  child continuously and not merely through the school term. The
    30  school board, pursuant to guidelines issued by the Department of
    20070H1643B2876                  - 5 -     

     1  Education, may require other reasonable information to be
     2  submitted by the resident to substantiate the sworn statement.
     3  The form containing the sworn statement shall include notice in
     4  large print of the penalty for providing false information in
     5  the sworn statement.
     6     * * *
     7     Section 2.  This act shall take effect in 60 days.             <--
     8     SECTION 5.  SECTION 1317.2(E.1) OF THE ACT, AMENDED JUNE 25,   <--
     9  1997 (P.L.297, NO.30), IS AMENDED TO READ:
    10     SECTION 1317.2.  POSSESSION OF WEAPONS PROHIBITED.--* * *
    11     [(E.1)  A SCHOOL DISTRICT RECEIVING A STUDENT WHO TRANSFERS
    12  FROM A PUBLIC OR PRIVATE SCHOOL DURING A PERIOD OF EXPULSION FOR
    13  AN ACT OR OFFENSE INVOLVING A WEAPON MAY ASSIGN THAT STUDENT TO
    14  AN ALTERNATIVE ASSIGNMENT OR PROVIDE ALTERNATIVE EDUCATION
    15  SERVICES, PROVIDED THAT THE ASSIGNMENT MAY NOT EXCEED THE PERIOD
    16  OF EXPULSION.]
    17     * * *
    18     SECTION 6.  SECTION 1318 OF THE ACT, AMENDED FEBRUARY 8, 1980
    19  (P.L.3, NO.2), IS AMENDED TO READ:
    20     SECTION 1318.  SUSPENSION AND EXPULSION OF [PUPILS.--]
    21  STUDENTS.--(A)  EVERY PRINCIPAL OR TEACHER IN CHARGE OF A PUBLIC
    22  SCHOOL MAY TEMPORARILY SUSPEND ANY [PUPIL] STUDENT ON ACCOUNT OF
    23  DISOBEDIENCE OR MISCONDUCT, AND ANY PRINCIPAL OR TEACHER
    24  SUSPENDING ANY [PUPIL] STUDENT SHALL PROMPTLY NOTIFY THE
    25  DISTRICT SUPERINTENDENT OR SECRETARY OF THE BOARD OF SCHOOL
    26  DIRECTORS. THE BOARD MAY, AFTER A PROPER HEARING, SUSPEND SUCH
    27  [CHILD] STUDENT FOR SUCH TIME AS IT MAY DETERMINE, OR MAY
    28  PERMANENTLY EXPEL [HIM] THE STUDENT. SUCH HEARINGS, SUSPENSION,
    29  OR EXPULSION MAY BE DELEGATED TO A DULY AUTHORIZED COMMITTEE OF
    30  THE BOARD, OR TO A DULY QUALIFIED HEARING EXAMINER, WHO NEED NOT
    20070H1643B2876                  - 6 -     

     1  BE A MEMBER OF THE BOARD, BUT WHOSE ADJUDICATION MUST BE
     2  APPROVED BY THE BOARD. THE BOARD AND DESIGNATED COMMITTEES OR
     3  HEARING EXAMINERS ACTING PURSUANT TO THIS SECTION SHALL HAVE THE
     4  POWER TO ADMINISTER OATHS TO WITNESSES AND THE POWER TO ISSUE
     5  SUBPOENAS AS PROVIDED IN SECTION 1128.
     6     (B)  (1)  A PUBLIC SCHOOL ENTITY MAY SUSPEND, EXPEL OR DENY
     7  ADMISSION TO A STUDENT SUSPENDED OR EXPELLED FROM ANOTHER PUBLIC
     8  SCHOOL ENTITY OR NONPUBLIC SCHOOL, UNTIL THE PERIOD OF
     9  SUSPENSION OR EXPULSION HAS EXPIRED, IF SUCH SUSPENSION OR
    10  EXPULSION WAS IMPOSED DUE TO MISCONDUCT OF A NATURE THAT WOULD
    11  SUBJECT STUDENTS IN THE RECEIVING ENTITY TO POSSIBLE SUSPENSION
    12  OR EXPULSION.
    13     (2)  DENIAL OF ADMISSION TO A TRANSFERRING STUDENT BASED ON
    14  SUSPENSION OR EXPULSION FROM OR MISCONDUCT IN A PRIOR SCHOOL
    15  ENTITY SHALL BE TREATED AS SUSPENSION OR EXPULSION FOR PURPOSES
    16  OF THIS SECTION. A STUDENT RETURNING TO THE PROGRAM OF THE
    17  SCHOOL DISTRICT OF RESIDENCE AFTER WITHDRAWING FROM OR BEING
    18  EXPELLED OR SUSPENDED FROM AN AREA VOCATIONAL-TECHNICAL SCHOOL
    19  IS A TRANSFERRING STUDENT FOR PURPOSES OF THIS SECTION.
    20     (3)  NO HEARING OTHERWISE REQUIRED UNDER SUBSECTION (A) SHALL
    21  BE NECESSARY IF SUSPENSION, EXPULSION OR DENIAL OF ADMISSION
    22  UNDER SUBSECTION (B)(1) IS BASED UPON AN ADJUDICATION ISSUED IN
    23  ACCORDANCE WITH THIS SECTION BY THE BOARD OR JOINT OPERATING
    24  COMMITTEE OF THE PRIOR ENTITY OF ENROLLMENT, AS EVIDENCED BY A
    25  CERTIFIED COPY OF SUCH ADJUDICATION.
    26     (4)  A SCHOOL ENTITY MAY, AFTER HEARING IN ACCORDANCE WITH
    27  SUBSECTION (A), SUSPEND, EXPEL OR DENY ADMISSION TO A
    28  TRANSFERRING STUDENT WHO HAS COMMITTED MISCONDUCT WHILE ENROLLED
    29  IN ANOTHER PUBLIC OR NONPUBLIC SCHOOL OF A NATURE THAT WOULD
    30  SUBJECT STUDENTS IN THE RECEIVING ENTITY TO POSSIBLE SUSPENSION
    20070H1643B2876                  - 7 -     

     1  OR EXPULSION, BUT WHO WITHDREW FROM THE PRIOR SCHOOL ENTITY
     2  BEFORE DISCIPLINARY PROCEEDINGS BASED ON THE MISCONDUCT WERE
     3  INITIATED OR COMPLETED.
     4     (5)  A RECEIVING SCHOOL ENTITY MAY ENROLL A STUDENT
     5  TRANSFERRING FROM ANOTHER PUBLIC OR NONPUBLIC SCHOOL ENTITY IN
     6  ITS REGULAR PROGRAM ON A PROVISIONAL BASIS PENDING RECEIPT OF A
     7  CERTIFIED COPY OF THE STUDENT'S DISCIPLINARY RECORD AND SWORN
     8  STATEMENT AS REQUIRED UNDER SECTION 1304-A. IF THE DISCIPLINARY
     9  RECORD OR SWORN STATEMENT REVEALS A HISTORY OF MISCONDUCT WHILE
    10  ENROLLED IN THE PRIOR ENTITY, IN ADDITION TO OTHER DISPOSITION
    11  AUTHORIZED UNDER THIS SECTION AND TO THE EXTENT CONSISTENT WITH
    12  THE DISCIPLINARY STANDARDS, POLICIES AND PROCEDURES OF THE
    13  RECEIVING ENTITY, THE STUDENT MAY BE REASSIGNED TO AN
    14  ALTERNATIVE EDUCATION PROGRAM AND MAY BE DEEMED INELIGIBLE TO
    15  PARTICIPATE IN EXTRACURRICULAR ACTIVITIES.
    16     (6)  A RECEIVING SCHOOL ENTITY MAY, CONSISTENT WITH ITS
    17  DISCIPLINARY STANDARDS, POLICIES AND PROCEDURES, IMPOSE OTHER
    18  FORMS OF DISCIPLINE OR DISCIPLINARY ASSIGNMENT OR IMPOSE
    19  CONDITIONS OF ADMISSION OR CONTINUED ENROLLMENT BASED ON A
    20  TRANSFERRING STUDENT'S EXPULSION OR SUSPENSION FROM OR
    21  MISCONDUCT WHILE ENROLLED IN A PRIOR SCHOOL ENTITY, IN LIEU OF
    22  OR IN COMBINATION WITH DENIAL OF ADMISSION, SUSPENSION OR
    23  EXPULSION.
    24     (C)  THE BOARD OF SCHOOL DIRECTORS MAY, IN CONNECTION WITH
    25  ANY EXPULSION, SUSPENSION, DENIAL OF ADMISSION OR DISCIPLINARY
    26  REASSIGNMENT OF A STUDENT, IMPOSE CONDITIONS FOR ADMISSION OR
    27  READMISSION TO OR CONTINUATION IN THE SCHOOL ENTITY'S REGULAR OR
    28  ALTERNATIVE EDUCATION PROGRAMS. VIOLATION OF OR FAILURE TO MEET
    29  SUCH CONDITIONS MAY BECOME THE BASIS FOR DENIAL OF ADMISSION,
    30  READMISSION OR SUBSEQUENT DISCIPLINARY ACTION, INCLUDING
    20070H1643B2876                  - 8 -     

     1  EXCLUSION FROM OR REASSIGNMENT WITHIN THE SCHOOL ENTITY'S
     2  REGULAR OR ALTERNATIVE EDUCATION PROGRAMS. THE BOARD MAY
     3  DESIGNATE A PERSON OR PERSONS TO DETERMINE WHETHER SUCH
     4  CONDITIONS HAVE BEEN MET OR VIOLATED. THE HEARING REQUIREMENTS
     5  OF SUBSECTION (A) ARE NOT APPLICABLE TO A DETERMINATION THAT A
     6  STUDENT IS NOT ELIGIBLE FOR READMISSION OR TO REMAIN IN
     7  PROBATIONARY CONTINUED ENROLLMENT BECAUSE OF VIOLATION OF OR
     8  FAILURE TO MEET SUCH CONDITIONS.
     9     (D)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A
    10  HEARING OTHERWISE REQUIRED UNDER SUBSECTION (A) MAY BE WAIVED IN
    11  A WRITTEN AGREEMENT PROVIDING FOR THE STUDENT'S DISCIPLINARY
    12  EXCLUSION FROM SCHOOL PROGRAMS FOR A SPECIFIED PERIOD OF TIME,
    13  ENTERED INTO BY THE BOARD OF SCHOOL DIRECTORS AND THE STUDENT
    14  AND IN THE CASE OF A STUDENT UNDER EIGHTEEN (18) YEARS OF AGE,
    15  ALSO BY THE PARENT OR GUARDIAN HAVING PRIMARY CUSTODY OF THE
    16  STUDENT. ANY SUCH AGREEMENT SHALL BE FILED PERMANENTLY IN THE
    17  STUDENT'S DISCIPLINARY RECORDS AND SHALL BE TREATED IN THE SAME
    18  WAY AS AN ADJUDICATION OF EXPULSION FOR PURPOSES OF SUBSECTIONS
    19  (B) AND (C), THIS SUBSECTION AND ARTICLE XIII-A. CONSIDERATION
    20  BY THE BOARD OF A PROPOSED AGREEMENT IN LIEU OF HEARING SHALL
    21  NOT CONSTITUTE GROUNDS FOR DISQUALIFYING THE BOARD OR MEMBERS
    22  THEREOF FROM PARTICIPATING IN A HEARING OR TAKING OTHER ACTION
    23  PURSUANT TO THIS SECTION IN THE EVENT THE AGREEMENT IS NOT
    24  APPROVED BY THE BOARD. THE AGREEMENTS SHALL SET FORTH:
    25     (1)  A SUMMARY OF THE REASON FOR THE EXCLUSION.
    26     (2)  THE EFFECTIVE DATE AND EXPIRATION DATE OF THE PERIOD OF
    27  EXCLUSION.
    28     (3)  THE DATE WHEN THE STUDENT MAY BE CONSIDERED FOR EARLIER
    29  READMISSION.
    30     (4)  A SUMMARY OF THE PROCEDURAL RIGHTS THE STUDENT WOULD
    20070H1643B2876                  - 9 -     

     1  HAVE BEEN AFFORDED AT A HEARING.
     2     (5)  AGREED CONDITIONS OF READMISSION OR OF PROBATIONARY
     3  CONTINUED ENROLLMENT, IF ANY.
     4     (6)  ANY OTHER TERMS AND CONDITIONS OF THE AGREED
     5  DISCIPLINARY DISPOSITION.
     6     (E)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ALTER THE
     7  OBLIGATIONS OF SCHOOL ENTITIES PURSUANT TO THE INDIVIDUALS WITH
     8  DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230, 20 U.S.C. § 1400
     9  ET SEQ.) AND FEDERAL REGULATIONS THEREUNDER RELATING TO THE
    10  DISCIPLINE OF STUDENTS WITH DISABILITIES.
    11     (F)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT AN
    12  EXPELLED STUDENT OR THE STUDENT'S PARENTS OR LEGAL GUARDIANS
    13  FROM COMPULSORY EDUCATION REQUIREMENTS OR THE PENALTIES
    14  CONTAINED IN SECTIONS 1333, 1338 AND 1338.1 IF THEY FAIL TO
    15  PROVIDE THE STUDENT WITH A SUFFICIENT ALTERNATE PLACEMENT
    16  PROGRAM.
    17     SECTION 7.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    18         (1)  THE AMENDMENT OF SECTION 1302 OF THE ACT SHALL TAKE
    19     EFFECT IN 60 DAYS.
    20         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    21     IMMEDIATELY.






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