AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in pupils and attendance, further
6providing for home education program.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1327.1(a), (g), (h), (i), (j), (k) and
10(l) of the act of March 10, 1949 (P.L.30, No.14), known as the
11Public School Code of 1949, added December 21, 1988 (P.L.1321,
12No.169), are amended and the section is amended by adding
13subsections to read:

14Section 1327.1. Home Education Program.--

15(a) The following words and phrases when used in this
16section shall have the meanings given to them in this
17subsection:

18"Appropriate education" shall mean a program consisting of

1instruction in the required subjects for the time required in
2this act and in which the student demonstrates sustained
3progress in the overall program.

4"Department" SHALL MEAN the Department of Education of the
5Commonwealth.

6"Hearing examiner" shall not be an officer, employe or agent
7of the Department of Education or of the school district or
8intermediate unit of residence of the child in the home
9education program.

10"Home education program" shall mean a program conducted, in
11compliance with this section, by the parent or guardian or such
12person having legal custody of the child or children.

13"Supervisor" shall mean the parent or guardian or such person
14having legal custody of the child or children who shall be
15responsible for the provision of instruction, provided that such
16person has a high school diploma or its equivalent.

17* * *

18(d.1) <-(1) Notwithstanding any provision of this act or any
19other law or regulation to the contrary, a high school diploma
20awarded by a supervisor <-or an approved diploma-granting
21organization shall be considered as having all the rights and
22privileges afforded by the Commonwealth, a Commonwealth agency,
23including, but not limited to, the Pennsylvania Higher Education
24Assistance Agency, a political subdivision, a local agency and
25an authority or instrumentality of the Commonwealth or a
26political subdivision to a high school diploma awarded under
27this act, <-if the following criteria are met <-subject to
28subparagraphs (i) and (ii):

<-29(i) In the case of a diploma awarded by a supervisor the
30following shall apply:

1(1) (A) The student <-has <-receiving the diploma shall have
2completed all the requirements in subsection (d) while enrolled
3in a home education program that is in compliance with this
4section.

5(2) (B) The diploma <-is issued <-shall be awarded to the
6student on a standardized form to be developed by the department
7and which shall be made available on the department's publicly
8accessible Internet website.

9(3) (C) The diploma <-is <-shall be signed by the student's
10twelfth grade evaluator in confirmation of the student's
11suitability for graduation.

<-12(ii) In the case of a diploma awarded by an approved
13diploma-granting organization the following shall apply:

14(A) The student receiving the diploma shall have completed
15all the requirements in subsection (d) while enrolled in a home
16education program that is in compliance with this section.

17(B) The diploma shall be awarded to the student on a
18standardized form to be developed by the organization.

19(2) The department shall establish eligibility criteria and
20an application process for approving diploma-granting
21organizations to award high school diplomas to students enrolled
22in home education programs. The department shall maintain a list
23of approved diploma-granting organizations and post the list on
24the department's publicly accessible Internet website.

25* * *

26(g) When documentation is required by this section to be
27submitted to [the district of residence superintendent or] the
28hearing examiner, [the superintendent or] the hearing examiner
29shall return, upon completion of his review, all such
30documentation to the supervisor of the home education program.

1The [superintendent or] hearing examiner may photocopy all or
2portions of the documentation for his files.

3[(h) Such documentation required by subsection (e)(1) and
4(2) shall be provided to the public school district of residence
5superintendent at the conclusion of each public school year. In
6addition, if the superintendent has a reasonable belief that, at
7any time during the school year, appropriate education may not
8be occurring in the home education program, he may, by certified
9mail, return receipt requested, require documentation pertaining
10to the portfolio of records and materials required by subsection
11(e)(1) to be submitted to the district within fifteen (15) days;
12and documentation pertaining to subsection (e)(2) to be
13submitted to the district within thirty (30) days. If the tests
14as required in subsection (e)(1) have not been administered at
15the time of the receipt of the certified letter by the
16supervisor, the supervisor shall submit the other required
17documentation and shall submit the test results with the
18documentation at the conclusion of the school year.]

19(h.1) An evaluator's certification stating that an 
20appropriate education is occurring for the school year under 
21review shall be provided by the supervisor to the superintendent 
22of the public school district of residence by June 30 of each 
23year. If the supervisor fails to submit the certification due on 
24June 30 to the superintendent, the superintendent shall send a 
25letter by certified mail, return receipt requested, to the 
26supervisor of the home education program, stating that the 
27certification is past due and notifying the supervisor to submit 
28the certification within ten (10) days of receipt of the 
29certified letter. If the certification is not submitted within 
30that time, the board of school directors shall provide for a
 

1proper hearing in accordance with subsection (k).

2[(i) If the superintendent of the public school district
3determines, based on the documentation provided, at the end of
4or during the school year, that appropriate education is not
5taking place for the child in the home education program, the
6superintendent shall send a letter by certified mail, return
7receipt requested, to the supervisor of the home education
8program stating that in his opinion appropriate education is not
9taking place for the child in the home education program and
10shall return all documentation, specifying what aspect or
11aspects of the documentation are inadequate.]

12(i.1) If the superintendent has a reasonable belief, at any 
13time during the school year, that appropriate education may not 
14be occurring in the home education program, he may, by certified 
15mail, return receipt requested, require that an evaluation be 
16conducted in accordance with subsection (e)(2) and that an 
17evaluator's certification stating that an appropriate education 
18is occurring for the school year under review, be submitted to 
19the district by the supervisor within thirty (30) days of the 
20receipt of the certified letter. If the tests, as required in 
21subsection (e)(1), have not been administered at the time of the 
22receipt of the certified letter by the supervisor, the 
23supervisor shall submit the other required documentation to the 
24evaluator and the test results to the evaluator with the 
25documentation at the conclusion of the school year. If the 
26certification is not submitted to the superintendent within 
27thirty (30) days of receipt of the certified letter, the board 
28of school directors shall provide for a proper hearing in 
29accordance with subsection (k).

30[(j) Upon receipt of the certified letter required by

1subsection (i), the supervisor of the home education program
2shall have twenty (20) days to submit additional documentation
3demonstrating that appropriate education is taking place for the
4child in the home education program. If documentation is not
5submitted within that time, the home education program for the
6child shall be out of compliance with the requirements of this
7section and section 1327, and the student shall be promptly
8enrolled in the public school district of residence or a
9nonpublic school or a licensed private academic school.]

10(j.1) If the superintendent has a reasonable belief that the 
11home education program is out of compliance with any other 
12provisions of this section, the superintendent shall notify the 
13supervisor by certified mail, return receipt requested, to 
14submit a certification within thirty (30) days indicating that 
15the program is in compliance. If the certification is not 
16submitted within that time, the board of school directors shall 
17provide for a proper hearing in accordance with subsection (k).

18(k) [If the superintendent determines that the additional
19documentation submitted still does not demonstrate that
20appropriate education is taking place in the home education
21program, he shall so notify the supervisor of the home education
22program by certified mail, return receipt requested, and] If a 
23hearing is required by the provisions of subsection (g), (h.1) 
24or (i.1), the board of school directors shall provide for a
25proper hearing by a duly qualified and impartial hearing
26examiner within thirty (30) days. The examiner shall render a
27decision within fifteen (15) days of the hearing except that he
28may require the establishment of a remedial education plan
29mutually agreed to by the superintendent and supervisor of the
30home education program which shall continue the home education

1program. The decision of the examiner may be appealed by either
2the supervisor of the home education program or the
3superintendent to the Secretary of Education [or], Commonwealth
4Court or court of common pleas.

5(l) If the hearing examiner finds that the [documentation]
6evidence does not indicate that appropriate education is taking
7place in the home education program, the home education program
8for the child shall be out of compliance with the requirements
9of this section and section 1327, and the student shall be
10promptly enrolled in the public school district of residence or
11a nonpublic school or a licensed private academic school. The 
12home education program may continue during the time of any 
13appeal.

14* * *

15(n) Nothing in this section shall be construed to affect
16Federal or State law relating to special education for students
17with disabilities in home education programs.

18Section 2. This act shall take effect immediately.