1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, further providing for
3informal hearing and for disposition of dependent child.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Sections 6332 and 6351 of Title 42 of the
7Pennsylvania Consolidated Statutes are amended by adding
8subsections to read:

9§ 6332. Informal hearing.

10* * *

11(c) School of child in shelter care.--The following shall
12apply to situations in which a child is placed in shelter care
13in a new school district:

14(1) (i) The court shall hold that the child shall
15remain in the child's original school and that the child
16shall be a resident of the school district of the
17original school for purposes of section 1301 of the act

1of March 10, 1949 (P.L.30, No.14), known as the Public
2School Code of 1949, unless:

3(A) the distance between the placement and the
4original school would make the child's travel time
5unreasonable; or

6(B) remaining at the original school would be
7contrary to the child's safety or well-being.

8(ii) In making the determination under subparagraph
9(i), the court shall consider the wishes of the parent
10and, where appropriate, the wishes of the child.

11(2) The court shall provide written notice to the local
12education agency liaison for homeless children and youth at
13the school the child will be attending stating that the child
14may be awaiting placement under Title VII, Subtitle B of the
15Stewart B. McKinney Homeless Assistance Act (Public Law 100-
1677, 42 U.S.C. § 11431 et seq.). The local education agency
17liaison may use or disclose the information provided by the
18court only for the limited purpose of ensuring that the child
19receives the protections of Title VII, Subtitle B of the
20Stewart B. McKinney Homeless Assistance Act.

21(3) Nothing in this subsection shall be read to limit a
22child's rights under Title VII, Subtitle B of the Stewart B.
23McKinney Homeless Assistance Act.

24(d) Definitions.--As used in this section, the following
25words and phrases shall have the meanings given to them in this
26subsection:

27"Local education agency." As defined in section 9101(26) of
28the Elementary and Secondary Education Act of 1965 (Public Law
2989-10, 20 U.S.C. § 7801(26)).

30"Original school." The school a child attended prior to a

1transfer of custody or change in placement.

2§ 6351. Disposition of dependent child.

3* * *

4(b.2) Required education findings for children placed in
5temporary legal custody.--The following shall apply to
6situations in which a child is placed in temporary legal custody
7in a new school district:

8(1) The court shall determine whether it is in the
9child's best interests to remain in the original school.

10(i) The court's determination in this paragraph may
11be made during the initial disposition hearing. The issue
12of the child's best interests may also be brought before
13the court any time the child is placed in a new school
14district.

15(ii) In making the determination in this paragraph,
16the presumption shall be in favor of maintaining the
17child in the original school. The court shall consider:

18(A) The distance from the child's placement to
19the original school.

20(B) The child's relationships with other
21students and faculty at the original school.

22(C) The quality and appropriateness of
23programming and curricula at each school.

24(D) Whether the school is the least restrictive
25setting available to the child.

26(E) The child's safety.

27(F) The wishes of the parent and, where
28appropriate, the wishes of the child.

29(2) If the court determines that it is in the best
30interests of the child to remain in the original school:

1(i) the child shall be a resident of the school
2district of the original school for purposes of section
31301 of the act of March 10, 1949 (P.L.30, No.14), known
4as the Public School Code of 1949; and

5(ii) the child may continue to attend the original
6school for as long as the court deems appropriate.

7(3) The county agency that placed the child shall
8provide or arrange for the provision of the child's
9transportation to and from school when the need for
10transportation is due to the placement by the county agency.

11(4) If the court does not have full information at
12disposition on the particular placement for the child, the
13child shall remain a resident of the school district of the
14original school and shall attend the original school after
15placement unless the public agency authorized by law to
16receive and provide care for the child determines that:

17(i) the distance between the placement and the
18original school would make the child's travel time
19unreasonable; or

20(ii) remaining at the original school would be
21contrary to the child's safety or well-being.

22(5) The court shall provide written notice to the local
23education agency liaison for homeless children and youth at
24the school the child will be attending stating that the child
25may be awaiting placement under the Title VII, Subtitle B of
26the Stewart B. McKinney Homeless Assistance Act (Public Law
27100-77, 42 U.S.C. § 11431 et seq.). The education agency
28liaison may use or disclose the information provided by the
29court only for the limited purpose of ensuring that the child
30receives the protections of the Stewart B. McKinney Homeless

1Assistance Act.

2(6) Nothing in this subsection shall be read to limit a
3child's rights under the Stewart B. McKinney Homeless
4Assistance Act.

5* * *

6(k) Definitions.--As used in this section, the following
7words and phrases shall have the meanings given to them in this
8subsection:

9"Local education agency." As defined in section 9101(26) of
10the Elementary and Secondary Education Act of 1965 (Public Law
1189-10, 20 U.S.C. § 7801(26)).

12"Original school." The school a child attended prior to a
13transfer of custody or change in placement.

14Section 2. This act shall take effect in 60 days.