THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, STURLA, COHEN, V. BROWN, McGEEHAN, YOUNGBLOOD, WATERS, WILLIAMS, VULAKOVICH AND BROWNLEE, MAY 10, 2011

REFERRED TO COMMITTEE ON EDUCATION, MAY 10, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," further providing for assignment of

pupils to schools.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1310 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended December 17, 1982 (P.L.1378, No.316), and June 29, 1984

(P.L.438, No.93), is amended to read:

Section 1310.  Assignment of Pupils to Schools.--(a)  The

board of school directors of every school district or joint

school shall, for the purpose of designating the schools to be

attended by the several pupils in the district or area served by

the joint board, subdivide the district or joint school in such

manner that all the pupils in the district shall be assigned to,

and reasonably accommodated in, one of the public schools in the

district or joint school. [The] Except in a school district of

the first class, the board of school directors may, upon cause

shown, permit any pupil or pupils in any school district to

attend such other school in the district as the board may deem

proper, or may classify and assign the pupils in the district to

any school or schools therein as it may deem best, in order to

properly educate them. In a school district of the first class,

the board of school directors may classify and assign the pupils

in the district to schools in the district as the board deems

best, in order to properly educate the pupils; but the board of

school directors shall permit any pupil in the school district

to attend such other school in the district as the parent or

guardian of the pupil requests. Whenever any child or children

of compulsory school age have their residence more than two (2)

miles by the nearest public highway from the school within the

district to which they have been assigned, and free

transportation for such child or children to a school within the

district is not provided, and there is a school in session in

some other district in the Commonwealth within two (2) miles by

the nearest public highway of the residence of such child or

children, the board of school directors shall, with the consent

of the board of school directors of such other district,

reassign such child or children to such school in the other

district, and shall pay to said district the tuition charge

provided for by this act. This provision shall include in like

manner assignment to high schools in the case of pupils of

compulsory school age who are qualified to be enrolled in such

high schools. It shall be unlawful for any school directors,

superintendent, or teacher to make any distinction whatever, on

account of, or by reason of, the race or color of any pupil or

scholar who may be in attendance upon, or seeking admission to,

any public school maintained wholly or in part under the school

laws of the Commonwealth.

(b)  Notwithstanding anything to the contrary stated within

this law, the board of school directors of any school district,

in which a day treatment program operated under approval from

the Department of Public Welfare by a private children and youth

agency is located, may in its discretion purchase educational

services for children referred, pursuant to a proceeding under

42 Pa.C.S. Ch. 63 (relating to juvenile matters), to such an

agency. Before the board of school directors purchases

educational services from the agency for a specific child, it

must document that the child cannot receive appropriate

educational services in a regular classroom setting because of

behavioral or psychological reasons: Provided, however, That

nothing contained in this section shall be construed to alter or

limit the educational rights of exceptional children.

(c)  The actual cost, not to exceed the tuition charges of

the school district in which such day treatment program is

located, shall be borne by the school district of the child's

residence. If the school district of residence of the child

cannot be determined, the costs shall be borne by the Department

of Education. The department shall effectuate necessary

procedures for the transfer of funds from the school district of

residence to the school district in which the day treatment

program is located. In effectuating the transfer of funds, the

department may deduct the appropriate amount from the basic

instructional subsidy of any school district which had resident

students who were provided educational services by an approved

children and youth agency.

(d)  For the purpose of this section, educational services

shall be defined as direct expenditures for instruction and the

administration of the instructional program. Any expenditure not

pertaining directly to instruction and the administration of the

instructional program of the students shall be considered a cost

of child welfare services as provided for in sections 704.1 and

704.2, act of June 13, 1967 (P.L.31, No.21), known as the

"Public Welfare Code," and as a social service as defined in the

regulations promulgated pursuant to that act. Under no

circumstances shall a school district or the Department of

Education be required to provide funding for programs operated

in excess of one hundred eighty (180) days of instruction or

nine hundred (900) hours of instruction at the elementary level

or nine hundred ninety (990) hours of instruction at the

secondary level during any one school year.

Section 2.  The amendment of section 1310 of the act shall

apply to school years beginning after December 31, 2011.

Section 3.  This act shall take effect in 60 days.