Regular Session 2015-2016 Senate Bill 0966 P.N. 1197

PRINTER'S NO. 1197

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

966

Session of

2015

INTRODUCED BY BROWNE, SMUCKER, COSTA, BAKER, WARD, MENSCH,

McILHINNEY, EICHELBERGER, SCHWANK, AUMENT, HUGHES, FONTANA,

GREENLEAF, WILEY, BARTOLOTTA, DINNIMAN, BLAKE, LEACH,

HAYWOOD, WILLIAMS AND FARNESE, AUGUST 7, 2015

REFERRED TO EDUCATION, AUGUST 7, 2015

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," in pupils and attendance, further

providing for definitions and providing for children who are

homeless or in dependent care, for free transportation for

certain children and for timely graduation after experiencing

an educational disruption; and, in charter schools, further

providing for statutory provisions applicable to charter

schools and cyber charter schools.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1326 of the act of March 10, 1949

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

amended by adding definitions to read:

Section 1326. Definitions.--The term "child in foster care,"

wherever used in this subdivision of this article, shall mean

any of the following:

(1) A child who is in the care and responsibility of the

Commonwealth and placed in foster care as defined in 45 CFR

1355.20 (relating to definitions) pursuant to 42 Pa.C.S. § 6351

(relating to disposition of dependent child) or 6352(a)(1)

(relating to disposition of delinquent child).

(2) A child placed pursuant to a voluntary placement

agreement under 55 Pa. Code § 3130.65 (relating to voluntary

placement agreement).

* * *

The term "school stability," wherever used in this

subdivision of this article, shall mean that a child in foster

care is entitled to attend any of the following:

(1) The school the child currently attends.

(2) The school the child attended when initially placed by

the county children and youth agency.

The term "student experiencing an education disruption,"

wherever used in this subdivision of this article, shall mean an

individual in grades six (6) through twelve (12) who during

these school years experiences one or more school changes as a

result of being:

(1) Homeless as defined by the McKinney-Vento Homeless

Assistance Act (Public Law 100-77, 101 Stat. 482).

(2) Adjudicated dependent or delinquent.

Section 2. The act is amended by adding sections to read:

Section 1327.2. Children Who are Experiencing Homelessness

or in Dependent Care.--(a) A child who is homeless shall be

entitled to continued enrollment in the child's school of origin

in accordance with the McKinney-Vento Homeless Assistance Act

(Public Law 100-77, 101 Stat. 482) unless continued enrollment

is not in the child's best interest. If continued enrollment is

not in the child's best interest, the child shall be immediately

enrolled in the child's new school whether or not the required

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documents for enrollment can be provided.

(b) A child in foster care who is placed in a new school

district or school attendance area shall be entitled to school

stability throughout the time the child is in foster care and

for the remainder of the school year in which the court

terminates jurisdiction unless school stability is not in the

child's best interest as determined by the child welfare agency

or the court. If continued enrollment is not in the child's best

interest, the new school shall immediately enroll the child even

if the child cannot provide the documentation normally required

for school enrollment, and the child's former school shall

provide the child's school record to the child's new school

within ten (10) days of the child's enrollment.

Section 1331.1. Free Transportation for Certain Children.--

(a) A child experiencing homelessness or awaiting foster care

shall be entitled to free transportation to the child's school

of origin in accordance with the McKinney-Vento Homeless

Assistance Act (Public Law 100-77, 101 Stat. 482). The

transportation service shall be provided either by the school

district in which the child is living or the district where the

child is attending school. If there is a disagreement between

the two school districts regarding which district pays for or

arranges the transportation, the cost of transportation shall be

evenly divided and the school district in which the child is

enrolling shall be responsible for arranging the transportation.

A child alleging to be homeless shall be entitled to remain in

the same school pending full resolution of a dispute in

accordance with the McKinney-Vento Homeless Assistance Act.

(b) A child in foster care who does not qualify as homeless

under the McKinney-Vento Homeless Assistance Act shall be

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entitled to receive transportation to obtain school stability

during the time the child remains in foster care if this is in

the child's best interest. The school district the child is in

or shall be attending shall coordinate with the county children

and youth agency to ensure proper transportation required for

school stability is promptly provided in a manner consistent

with any agreement between the applicable county children and

youth agency and the school district. If the school district and

county children and youth agency do not have an agreement, or if

there is a dispute between the parties, the following shall

apply:

(1) Except as set forth in clause (2), transportation shall

generally be provided by the county children and youth agency.

(2) If either the resident school district or receiving

school district can provide transportation at a negligible cost,

such as when the child can be included in a preexisting bus

route, the school district shall provide transportation.

(3) Transportation shall be provided immediately.

Section 1331.2. Timely Graduation After Experiencing

Educational Disruption.--(a) Each student experiencing an

educational disruption shall be assigned a point of contact at

the school the child attends. A school counselor, home and

school visitor, social worker, teacher or administrator or other

appropriate school staff may serve as the point of contact under

this section. The person shall be noted in the child's school

record, and notice shall be sent to the parent or guardian. The

point of contact shall:

(1) Assist the student's transition to the new school by

determining appropriate class placement and connecting the

student with appropriate services and opportunities, including

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participating in extracurricular activity and vocational and

other programs.

(2) Work with the student in grades nine (9) through twelve

(12) and the student's parent, foster parent or other

educational decision maker and the county children and youth

agency to evaluate and document partial and full credits the

student has earned and the credits that are needed to graduate

for inclusion in a graduation plan for the student. The

documentation shall be maintained in the student's file.

(b) School districts shall honor credits previously earned

in any prior educational placement by students experiencing an

educational disruption. School districts shall consider waiving

local school district requirements for graduation and awarding

credit based on alternative methods, such as testing or written

work, as determined by the district for students who meet State

graduation requirements.

students experiencing an educational disruption to make up lost

credits. Options may include summer school, after-school or

online credit recovery programs overseen by a teacher or other

assessments to the extent these options are available within the

school district.

(d) A school district shall ensure that the student has

equal access to participate in a sport, extracurricular activity

and vocational or other special program.

(e) After exhausting all other options under this section, a

student who has completed at least four (4) years of high school

and meets the State graduation standards under section 1613, but

who cannot obtain a school district-issued diploma, shall be

eligible to obtain a Commonwealth secondary school diploma

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issued by the Department of Education under section 1613(d). A

school district must assist an educationally disrupted student

in obtaining such a certificate.

Section 3. Sections 1732-A(a) and 1749-A(a) of the act,

amended or added June 29, 2002 (P.L.524, No.88), are amended to

read:

Section 1732-A. Provisions Applicable to Charter Schools.--

(a) Charter schools shall be subject to the following:

Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443,

510, 518, 527, 708, 736, 737, 738, 739, 740, 741, 752, 753,

[755,] 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1301,

1310, 1317, 1317.1, 1317.2, 1318, 1327, 1327.2, 1330, 1331.1,

1331.2, 1332, 1303-A, 1513, 1517, 1518, 1521, 1523, 1531, 1547,

2014-A, Article XIII-A and Article XIV.

Act of July 17, 1961 (P.L.776, No.341), known as the

"Pennsylvania Fair Educational Opportunities Act."

Act of July 19, 1965 (P.L.215, No.116), entitled "An act

providing for the use of eye protective devices by persons

engaged in hazardous activities or exposed to known dangers in

schools, colleges and universities."

Section 4 of the act of January 25, 1966 (1965 P.L.1546,

No.541), entitled "An act providing scholarships and providing

funds to secure Federal funds for qualified students of the

Commonwealth of Pennsylvania who need financial assistance to

attend postsecondary institutions of higher learning, making an

appropriation, and providing for the administration of this

act."

Act of July 12, 1972 (P.L.765, No.181), entitled "An act

relating to drugs and alcohol and their abuse, providing for

projects and programs and grants to educational agencies, other

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public or private agencies, institutions or organizations."

Act of December 15, 1986 (P.L.1595, No.175), known as the

"Antihazing Law."

* * *

Section 1749-A. Applicability of other provisions of this act

and of other acts and regulations.

(a) General requirements.--Cyber charter schools shall be

subject to the following:

(1) Sections 108, 110, 111, 321, 325, 326, 327, 431,

436, 443, 510, 518, 527, 708, 752, 753, [755,] 771, 776, 777,

808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301,

1302, 1310, 1317.2, 1318, 1327.2, 1330, 1331.2, 1332, 1303-A,

1518, 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A,

1716-A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A,

1725-A, 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and

2014-A and Articles [XII-A,] XIII-A and XIV.

(2) The act of July 17, 1961 (P.L.776, No.341), known as

the Pennsylvania Fair Educational Opportunities Act.

(3) The act of July 19, 1965 (P.L.215, No.116), entitled

"An act providing for the use of eye protective devices by

persons engaged in hazardous activities or exposed to known

dangers in schools, colleges and universities."

(4) Section 4 of the act of January 25, 1966 (1965

P.L.1546, No.541), entitled "An act providing scholarships

and providing funds to secure Federal funds for qualified

students of the Commonwealth of Pennsylvania who need

financial assistance to attend postsecondary institutions of

higher learning, making an appropriation, and providing for

the administration of this act."

(5) The act of July 12, 1972 (P.L.765, No.181) entitled

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"An act relating to drugs and alcohol and their abuse,

providing for projects and programs and grants to educational

agencies, other public or private agencies, institutions or

organizations."

(6) The act of December 15, 1986 (P.L.1595, No.175),

known as the Antihazing Law.

* * *

Section 4. This act shall take effect in 60 days.

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