PRIOR PRINTER'S NO. 1666 PRINTER'S NO. 3893
No. 1408 Session of 1997
INTRODUCED BY EGOLF, FLICK, E. Z. TAYLOR, STEVENSON, GORDNER,
CLARK, HASAY, GEIST, FICHTER, RUBLEY, WAUGH, SAYLOR, STABACK,
BOSCOLA, HUTCHINSON, COY, FEESE, SCHULER, DeLUCA, MAJOR,
D. W. SNYDER, STERN, ALLEN, BROWNE, READSHAW, McGILL, LYNCH,
DENT, BARRAR, ZUG, FLEAGLE, ARMSTRONG, ZIMMERMAN, TRUE,
MAITLAND, ROHRER, PLATTS AND NAILOR, APRIL 30, 1997
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 1998
AN ACT
1 Providing for procedures for students expelled from school and
2 for powers and duties of boards of school directors.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Student
7 Responsibility Law.
8 Section 2. Declaration of policy.
9 The General Assembly finds and declares as follows:
10 (1) ALL CHILDREN OF COMPULSORY SCHOOL AGE IN THIS <--
11 COMMONWEALTH HAVE THE RIGHT TO A FREE PUBLIC EDUCATION IF
12 THEY COMPLY WITH THE RULES AND REGULATIONS OF THE SCHOOL
13 ENTITY THEY ATTEND AND THE REQUIREMENTS OF LAW.
14 (1) (2) The board of school directors of every public <--
15 school entity possesses the authority to temporarily or
1 permanently expel any student and reinstate such student upon
2 terms and conditions established by the board.
3 (2) (3) The parents or legal guardians of school-age <--
4 students expelled from the school entity have the
5 responsibility to assume the costs of providing these
6 students with an education during the period of time the
7 students are expelled.
8 (3) (4) School-age students in the public schools of <--
9 this Commonwealth have the responsibility to conduct
10 themselves in accordance with the rules and regulations
11 established by the board of school directors of every school
12 entity. Failure by students to abide by such rules and
13 regulations may result in their expulsion from the public
14 schools.
15 (4) (5) The taxpayers of this Commonwealth should be <--
16 relieved from the responsibility of paying for the education
17 of students expelled from the public schools.
18 Section 3. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Board." The board of school directors of any school entity.
23 "COURT OF COMPETENT JURISDICTION." THE COURT OF COMMON PLEAS <--
24 IN THE COUNTY WHERE THE STUDENT IN QUESTION RESIDES.
25 "Department." The Department of Education of the
26 Commonwealth.
27 "School entity." Any public school district, intermediate
28 unit or area vocational-technical school.
29 "STATE BOARD." THE STATE BOARD OF EDUCATION OF THE <--
30 COMMONWEALTH.
19970H1408B3893 - 2 -
1 Section 4. Education of expelled students.
2 (a) General rule.--No school entity shall be required to <--
3 expend funds for the education of any student of compulsory
4 school age expelled from the public schools during the expulsion
5 period or 12 months, whichever is less. When a court of
6 competent jurisdiction determines a parent or legal guardian
7 lacks the financial resources to provide for the alternative
8 education program agreeable to the school entity, then the
9 school entity shall provide for the education of the student.
10 (b) Placement.--Within 30 days of the date of expulsion, the
11 parents or legal guardians of expelled students of compulsory
12 school age shall make arrangements for the education of the
13 student through placement in another school, through tutorial or
14 correspondence study or through another educational program
15 approved by the board.
16 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), NO <--
17 SCHOOL ENTITY SHALL BE REQUIRED TO EXPEND FUNDS FOR THE
18 EDUCATION OF ANY STUDENT OF COMPULSORY SCHOOL AGE EXPELLED FROM
19 A PUBLIC SCHOOL DURING THE EXPULSION PERIOD OR 12 MONTHS,
20 WHICHEVER IS LESS.
21 (B) PLACEMENT.--WITHIN 30 DAYS OF THE DATE OF EXPULSION, THE
22 PARENT OR LEGAL GUARDIAN OF AN EXPELLED STUDENT OF COMPULSORY
23 SCHOOL AGE SHALL MAKE ARRANGEMENTS FOR THE EDUCATION OF THE
24 STUDENT THROUGH PLACEMENT IN ANOTHER SCHOOL, THROUGH TUTORIAL OR
25 CORRESPONDENCE STUDY OR THROUGH ANOTHER EDUCATIONAL PROGRAM
26 APPROVED BY THE BOARD.
27 (C) EXCEPTION.--WHEN A COURT OF COMPETENT JURISDICTION
28 DETERMINES THAT THE PARENTS OR LEGAL GUARDIANS LACK ACCESS TO
29 FINANCIAL RESOURCES TO PROVIDE FOR AN ALTERNATIVE EDUCATION
30 PROGRAM, THEN THE SCHOOL ENTITY SHALL PROVIDE FOR THE EDUCATION
19970H1408B3893 - 3 -
1 OF THE STUDENT. WHENEVER IT HAS BEEN DETERMINED THAT THE PARENTS
2 LACK SUFFICIENT FINANCIAL RESOURCES TO MAKE THE PAYMENT, THE
3 COURT MAY, IN ITS DISCRETION, REQUIRE AN EXPELLED STUDENT AND
4 THE PARENTS OF THE EXPELLED STUDENT TO PERFORM A GIVEN NUMBER OF
5 HOURS OF SERVICE TO THE SCHOOL DISTRICT DURING THE PERIOD OF
6 EXPULSION IN LIEU OF PAYMENT FOR THE ALTERNATIVE EDUCATION.
7 HOWEVER, THE SCHOOL ENTITY SHALL HAVE LEGAL STANDING TO REQUIRE
8 PROOF THAT A PARENT OR LEGAL GUARDIAN HAS MADE A BONA FIDE
9 EFFORT TO FIND AN ALTERNATIVE EDUCATION PROGRAM AGREEABLE TO THE
10 SCHOOL ENTITY. ANY STUDENT WHOSE ALTERNATIVE EDUCATION PROGRAM
11 IS PAID FOR BY THE SCHOOL ENTITY SHALL SUBMIT A SWORN AFFIDAVIT
12 SIGNED BY THE STUDENT AND HIS PARENT OR LEGAL GUARDIAN STATING
13 THAT THE STUDENT AGREES TO COMPLY WITH THE TERMS AND CONDITIONS
14 OF THE ALTERNATIVE EDUCATION PROGRAM.
15 (c) (D) Requirements.--Upon the expiration of the expulsion <--
16 period or 12 months, whichever is less, the school entity shall:
17 (1) readmit the student to the school entity subject to
18 the terms and conditions established by the board; or
19 (2) provide the student with an alternative education
20 placement in another school, through tutorial or
21 correspondence study or in another educational program
22 approved by the board.
23 Section 5. Readmission policy.
24 (a) General rule.--Every school entity shall establish a
25 policy governing the procedures for expelled students to be
26 readmitted. This policy shall include, but not be limited to,
27 the following:
28 (1) A signed letter from the expelled student SWORN <--
29 AFFIDAVIT SIGNED BY THE EXPELLED STUDENT AND THE STUDENT'S
30 PARENT OR GUARDIAN requesting readmission to the school
19970H1408B3893 - 4 -
1 entity stating that the student agrees to comply with the
2 terms and conditions established by the board.
3 (2) An informal hearing between the expelled student, <--
4 THE PARENT OR GUARDIAN OF THE EXPELLED STUDENT, UNLESS THE
5 STUDENT IS AN EMANCIPATED MINOR, and the district
6 superintendent or chief school administrator, or a designee.
7 (3) A STUDENT WHO HAS BEEN READMITTED TO A SCHOOL ENTITY <--
8 UNDER PARAGRAPHS (1) AND (2) AND WHO IS EXPELLED SUBSEQUENT
9 TO THOSE PROCEDURES SHALL BE LIABLE FOR LEGAL COSTS INCURRED
10 BY THE SCHOOL ENTITY IN ANY SUBSEQUENT EXPULSION PROCEEDINGS.
11 IF THE STUDENT IS A MINOR CHILD, THE PARENT OR GUARDIAN OF
12 THE STUDENT SHALL BE LIABLE FOR THE LEGAL COSTS.
13 (b) Readmission.--
14 (1) The board of school directors may, upon
15 recommendation of the district superintendent or chief school
16 administrator, or on its own initiative, readmit an expelled
17 student to school prior to the expiration of the terms of
18 expulsion.
19 (2) Expelled students shall be eligible to apply for
20 readmission to the school entity until 21 years of age, until
21 graduation from another public or private school entity or
22 until acquisition of a General Education Development (GED)
23 certificate.
24 (c) Expulsion from other school.--No school entity shall be
25 required to admit a student expelled from another school entity
26 into its regular school program until the period of expulsion
27 has expired or 12 months has elapsed since the expulsion
28 occurred, whichever first occurs. RECEIVING SCHOOL ENTITIES <--
29 SHALL NOT BE OBLIGATED TO PROVIDE AN ALTERNATIVE EDUCATION
30 PROGRAM IF THE EXPELLED STUDENT'S PARENT OR GUARDIAN HAS
19970H1408B3893 - 5 -
1 PREVIOUSLY BEEN FOUND BY A COURT OF COMPETENT JURISDICTION TO
2 POSSESS ACCESS TO FINANCIAL RESOURCES TO PROVIDE FOR AN
3 ALTERNATIVE EDUCATION PROGRAM AGREEABLE TO ANY SCHOOL ENTITY.
4 (D) PROVISIONAL ENROLLMENT.--NOTWITHSTANDING ANY PROVISION
5 OF THIS ACT TO THE CONTRARY, THE RECEIVING SCHOOL ENTITY MAY
6 ENROLL A PUPIL TRANSFERRING FROM ANOTHER SCHOOL ENTITY ON A
7 PROVISIONAL BASIS UNTIL A CERTIFIED COPY OF THE PUPIL'S
8 DISCIPLINARY RECORD OR SWORN STATEMENT AS REQUIRED IN SECTION
9 1304-A OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS
10 THE PUBLIC SCHOOL CODE OF 1949, IS RECEIVED BY THE SCHOOL
11 ENTITY. IF THE DISCIPLINARY RECORD CONTAINS A HISTORY OF
12 MISBEHAVIOR, THE STUDENT MAY BE PLACED IN AN ALTERNATIVE PROGRAM
13 AND MAY BE INELIGIBLE TO PARTICIPATE IN EXTRACURRICULAR
14 ACTIVITIES AT THE DISCRETION OF THE RECEIVING ENTITY.
15 Section 6. Student and parent notification.
16 Every school entity shall forward a certified letter to the
17 parents or legal guardians of expelled students specifying all
18 terms and conditions pursuant to this act. If an expelled
19 student is 18 years of age or older or if the school entity has
20 reason to believe that the student is an emancipated minor, a
21 certified letter shall also be forwarded directly to the
22 student.
23 Section 7. Failure to comply.
24 Unless a court of competent jurisdiction determines that the
25 parent or legal guardian lacks the financial resources to
26 provide for an alternate education program agreeable to the
27 school entity, every parent or legal guardian of an expelled
28 student of compulsory school age who shall fail to comply with
29 the provisions of this act shall be subject to the penalties
30 contained in section 1333 of the act of March 10, 1949 (P.L.30,
19970H1408B3893 - 6 -
1 No.14), known as the Public School Code of 1949.
2 Section 8. Exemptions.
3 This act shall not apply to students who are entitled to a <--
4 free and appropriate education under the Individuals with
5 Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400
6 et seq.).
7 NOTHING IN THIS ACT SHALL SUPERSEDE THE PROVISIONS OF THE <--
8 INDIVIDUALS WITH DISABILITIES EDUCATION ACT (PUBLIC LAW 91-230,
9 20 U.S.C. § 1400 ET SEQ.) AND ITS CORRESPONDING REGULATIONS
10 RELATING TO THE DISCIPLINE OF CHALLENGED STUDENTS.
11 Section 9. Regulations.
12 The department STATE BOARD shall promulgate regulations to <--
13 carry out this act.
14 Section 10. Repeals.
15 All acts and parts of acts are repealed insofar as they are
16 inconsistent with this act.
17 Section 11. Effective date.
18 This act shall take effect in 60 days.
D16L24JLW/19970H1408B3893 - 7 -