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| PRIOR PRINTER'S NO. 3376 | PRINTER'S NO. 3726 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROCK, AUMENT, BLOOM, GILLEN, GODSHALL, GROVE, KAUFFMAN, LAWRENCE, MALONEY, METCALFE, MOUL, ROAE AND TALLMAN, APRIL 10, 2012 |
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| AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 12, 2012 |
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| AN ACT |
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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 home education |
6 | program. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1327.1(g), (h), (i), (j), (k) and (l) of |
10 | the act of March 10, 1949 (P.L.30, No.14), known as the Public |
11 | School Code of 1949, added December 21, 1988 (P.L.1321, No.169), |
12 | are amended and the section is amended by adding subsections to |
13 | read: |
14 | Section 1327.1. Home Education Program.--* * * |
15 | (d.1) Notwithstanding any statutory provision or regulation |
16 | to the contrary, a high school diploma awarded by the supervisor |
17 | in recognition of completion of the requirements under |
18 | subsection (d) shall be considered as according all the rights |
19 | and privileges of a high school diploma awarded under this act |
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1 | by the Commonwealth, a Commonwealth agency, a political |
2 | subdivision, a local agency and an authority or instrumentality |
3 | of the Commonwealth or a political subdivision. |
4 | * * * |
5 | (g) When documentation is required by this section to be |
6 | submitted to [the district of residence superintendent or] the |
7 | hearing examiner, [the superintendent or] the hearing examiner |
8 | shall return, upon completion of his review, all such |
9 | documentation to the supervisor of the home education program. |
10 | The [superintendent or] hearing examiner may photocopy all or |
11 | portions of the documentation for his files. |
12 | [(h) Such documentation required by subsection (e)(1) and |
13 | (2) shall be provided to the public school district of residence |
14 | superintendent at the conclusion of each public school year. In |
15 | addition, if the superintendent has a reasonable belief that, at |
16 | any time during the school year, appropriate education may not |
17 | be occurring in the home education program, he may, by certified |
18 | mail, return receipt requested, require documentation pertaining |
19 | to the portfolio of records and materials required by subsection |
20 | (e)(1) to be submitted to the district within fifteen (15) days; |
21 | and documentation pertaining to subsection (e)(2) to be |
22 | submitted to the district within thirty (30) days. If the tests |
23 | as required in subsection (e)(1) have not been administered at |
24 | the time of the receipt of the certified letter by the |
25 | supervisor, the supervisor shall submit the other required |
26 | documentation and shall submit the test results with the |
27 | documentation at the conclusion of the school year.] |
28 | (h.1) An evaluator's certification stating that an | <-- |
29 | appropriate education is occurring for the school year under | <-- |
30 | review shall be provided by the supervisor to the superintendent |
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1 | of the public school district of residence by June 30 of each |
2 | year. If the supervisor fails to submit the certification due on |
3 | June 30 to the superintendent, the superintendent shall send a |
4 | letter by certified mail, return receipt requested, to the |
5 | supervisor of the home education program, stating that the |
6 | certification is past due and notifying the supervisor to submit |
7 | the certification within ten (10) days of receipt of the |
8 | certified letter. If the certification is not submitted within |
9 | that time, the board of school directors shall provide for a |
10 | proper hearing in accordance with subsection (k). |
11 | [(i) If the superintendent of the public school district |
12 | determines, based on the documentation provided, at the end of |
13 | or during the school year, that appropriate education is not |
14 | taking place for the child in the home education program, the |
15 | superintendent shall send a letter by certified mail, return |
16 | receipt requested, to the supervisor of the home education |
17 | program stating that in his opinion appropriate education is not |
18 | taking place for the child in the home education program and |
19 | shall return all documentation, specifying what aspect or |
20 | aspects of the documentation are inadequate.] |
21 | (i.1) If the superintendent has probable cause a reasonable | <-- |
22 | belief, at any time during the school year, that appropriate |
23 | education may not be occurring in the home education program, he |
24 | may, by certified mail, return receipt requested, require that |
25 | an evaluation be conducted in accordance with subsection (e)(2) |
26 | and that an evaluator's certification stating that an |
27 | appropriate education is occurring for the school year under | <-- |
28 | review, be submitted to the district by the supervisor within |
29 | thirty (30) days of the receipt of the certified letter. If the |
30 | tests, as required in subsection (e)(1), have not been |
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1 | administered at the time of the receipt of the certified letter |
2 | by the supervisor, the supervisor shall submit the other |
3 | required documentation to the evaluator and the test results to |
4 | the evaluator with the documentation at the conclusion of the |
5 | school year. If the certification is not submitted to the |
6 | superintendent within thirty (30) days of receipt of the |
7 | certified letter, the board of school directors shall provide |
8 | for a proper hearing in accordance with subsection (k). |
9 | [(j) Upon receipt of the certified letter required by |
10 | subsection (i), the supervisor of the home education program |
11 | shall have twenty (20) days to submit additional documentation |
12 | demonstrating that appropriate education is taking place for the |
13 | child in the home education program. If documentation is not |
14 | submitted within that time, the home education program for the |
15 | child shall be out of compliance with the requirements of this |
16 | section and section 1327, and the student shall be promptly |
17 | enrolled in the public school district of residence or a |
18 | nonpublic school or a licensed private academic school.] |
19 | (j.1) If the superintendent has probable cause a reasonable | <-- |
20 | belief that the home education program is out of compliance with |
21 | any other provisions of this section, the superintendent shall |
22 | notify the supervisor by certified mail, return receipt |
23 | requested, to submit a certification within thirty (30) days |
24 | indicating that the program is in compliance. If the |
25 | certification is not submitted within that time, the board of |
26 | school directors shall provide for a proper hearing in |
27 | accordance with subsection (k). |
28 | (k) [If the superintendent determines that the additional |
29 | documentation submitted still does not demonstrate that |
30 | appropriate education is taking place in the home education |
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1 | program, he shall so notify the supervisor of the home education |
2 | program by certified mail, return receipt requested, and] If a |
3 | hearing is required by the provisions of subsection (g), (h.1) |
4 | or (i.1), the board of school directors shall provide for a |
5 | proper hearing by a duly qualified and impartial hearing |
6 | examiner within thirty (30) days. The examiner shall render a |
7 | decision within fifteen (15) days of the hearing except that he |
8 | may require the establishment of a remedial education plan |
9 | mutually agreed to by the superintendent and supervisor of the |
10 | home education program which shall continue the home education |
11 | program. The decision of the examiner may be appealed by either |
12 | the supervisor of the home education program or the |
13 | superintendent to the Secretary of Education [or], Commonwealth |
14 | Court or court of common pleas. |
15 | (l) If the hearing examiner finds that the [documentation] |
16 | evidence does not indicate that appropriate education is taking |
17 | place in the home education program, the home education program |
18 | for the child shall be out of compliance with the requirements |
19 | of this section and section 1327, and the student shall be |
20 | promptly enrolled in the public school district of residence or |
21 | a nonpublic school or a licensed private academic school. The |
22 | home education program may continue during the time of any |
23 | appeal. |
24 | * * * |
25 | (n) Nothing in this section shall be construed to affect | <-- |
26 | Federal or State law relating to special education for students |
27 | with disabilities in home education programs. |
28 | Section 2. This act shall take effect July 1, 2012, or |
29 | immediately, whichever is later. |
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