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PRINTER'S NO. 1580
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1079
Session of
2020
INTRODUCED BY LANGERHOLC, BROWNE, MARTIN, AUMENT, MENSCH,
BREWSTER, BAKER, SCHWANK, COSTA, BARTOLOTTA, K. WARD AND
J. WARD, MARCH 10, 2020
REFERRED TO EDUCATION, MARCH 10, 2020
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, providing
for assisting students experiencing education instability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1331.1. Assisting Students Experiencing Education
Instability.--(a) Beginning in the 2021-2022 school year and
each school year thereafter, a school entity receiving a student
who has experienced education instability shall:
(1) Assign a point of contact to the student experiencing
education instability. A point of contact may not be a third-
party. A school entity may satisfy the requirement under this
paragraph by assigning the duties under subsection (b) to an
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existing point of contact established by the school entity. The
name and contact information of the point of contact shall be:
(i) Included in the student's education records.
(ii) Provided to the student's education decision maker.
(2) Develop policies and procedures to apply full or partial
credit for coursework that is satisfactorily completed at, and
reflected in the student's records from, a prior school entity
by a student that enrolls at the receiving school entity.
(3) Not penalize a student for a school uniform or dress
code violation related to a delay in obtaining a uniform.
(4) Waive all fees that would otherwise be assessed against
the student. The receiving school entity may not limit a
student's participation in school-sponsored and extracurricular
activities due to a waiver of the participation fees.
(5) Allow the student to participate in any school-sponsored
or extracurricular activity for which the student meets
placement and qualification requirements.
(b) A point of contact, in consultation with the school
counselor, school social worker, home and school visitor or
school psychologist, shall:
(1) Facilitate a student's expedited consultation with the
school counselor or other mental health professionals, as
appropriate.
(2) Facilitate the prompt placement of a student in the
appropriate courses.
(3) Connect the student with appropriate education services.
(4) Immediately request the prior school entity, county
agency and the student's education decision maker to provide the
complete student information and records, including an IEP or
504 service agreement, if applicable. Within ten (10) business
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days the prior school entity shall provide the requested student
information and records to ensure proper transfer of course
credits, grades and an IEP, if applicable.
(5) Develop and execute a graduation plan in collaboration
with a student in grades nine through twelve to support the
student in graduating. The graduation plan shall be included in
the student's education records.
(c) A school entity shall ensure that a student experiencing
an educational instability graduates on time. The following
shall apply:
(1) A school entity may waive a specific course required for
graduation for a student in grades nine through twelve if
similar course work has been satisfactorily completed in another
school entity or a student has demonstrated competency in the
content area. The receiving school entity may consider as
evidence in determining whether coursework has been
satisfactorily completed and the amount of credit to award for
coursework through any of the following:
(i) demonstration of competency by the student;
(ii) performance by a student on an examination;
(iii) successful completion of a career and technical
education course; or
(iv) any other evidence or method which is determined to be
appropriate by the school entity.
(2) If the receiving school entity does not waive a specific
course required for graduation of a student, the receiving
school entity shall provide an alternative or modified course of
study that is currently offered to any student and that will
assist a student with acquiring the required work or competency
requirements by the student's reasonably expected graduation
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date.
(3) If a student is ineligible to graduate from the
receiving school entity, the receiving school entity may request
a high school diploma from the prior school entity and the prior
school entity may issue a diploma if the student meets the prior
school entity's graduation requirements.
(4) After exhausting all other options under this section, a
student who has successfully satisfied the requirements of
section 121(c), (c.1) or (c.3), but who cannot obtain a diploma
from a receiving school entity, shall as a last resort be
eligible to obtain a Statewide secondary school diploma, known
as the Keystone Diploma, issued by the department. The point of
contact shall assist the student in obtaining the Keystone
Diploma.
(5) Notwithstanding any provision of this act or any other
law or regulation to the contrary, a high school diploma awarded
by the department under paragraph (4) shall be considered as
having all the rights and privileges afforded by the
Commonwealth, a Commonwealth agency, including, but not limited
to, the Pennsylvania Higher Education Assistance Agency, a
political subdivision, a local agency and an authority or
instrumentality of the Commonwealth or a political subdivision
to a high school diploma awarded under this act. In the case of
a diploma awarded by the department the following shall apply:
(i) The student receiving the diploma shall have completed
all the requirements under paragraph (4) while enrolled in a
school entity that is in compliance with this section.
(ii) The diploma shall be awarded to the student on a
standardized form to be developed by the department and which
shall be made available on the department's publicly accessible
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Internet website.
(d) The department, in consultation with the Department of
Human Services, shall issue guidelines and best practices within
one hundred eighty (180) days of the effective date of this
section to assist school entities in implementing the provisions
of this section and facilitate the transition between school
entities. The guidelines issued under this subsection shall be
posted on the department's publicly accessible Internet website.
(e) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"504 service agreement." An agreement under section 504 of
the Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. §
701 et seq.).
"County agency." As defined under 23 Pa.C.S. § 6303
(relating to definitions).
"Education decision maker." An individual with the authority
to make education decisions for a student experiencing education
instability.
"Education instability." One or more changes in school
entity enrollment during a single school year as a result of any
of the following:
(1) Homelessness as defined in the McKinney-Vento Homeless
Assistance Act (Public Law 100-77, 101 Stat. 482) and as
determined by the school entity.
(2) An adjudication:
(i) of dependency under 23 Pa.C.S. Ch. 63 (relating to child
protective services) and 42 Pa.C.S. Ch. 63 (relating to juvenile
matters);
(ii) of delinquency under 23 Pa.C.S. Ch. 63 and 42 Pa.C.S.
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Ch. 63, if the parent or guardian of the student wishes to
disclose the adjudication of delinquency; or
(iii) as part of court-ordered services under a voluntary
placement or custody agreement.
"Graduation plan." A student-specific plan detailing the
courses necessary for a student to graduate high school and to
successfully transition to postsecondary education and the
workforce.
"IEP." An individualized education plan developed in
accordance with 22 Pa. Code § 14.131 (relating to IEP) and the
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.).
"School entity." Any of the following:
(1) A school district.
(2) A charter school.
(3) A cyber charter school.
(4) A regional charter school.
(5) An intermediate unit.
(6) A career and technical school.
"Student." A student in grades kindergarten through grade
twelve who has experienced education instability.
Section 2. This act shall take effect immediately.
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