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, subject to subparagraphs (i) and (ii):

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

30(A) The student receiving the diploma shall have completed

1all the requirements in subsection (d) while enrolled in a home
2education program that is in compliance with this section.

3(B) The diploma shall be awarded to the student on a 
4standardized form to be developed by the department and which 
5shall be made available on the department's publicly accessible 
6Internet website.

7(C) The diploma shall be signed by the student's twelfth
8grade evaluator in confirmation of the student's suitability for
9graduation.

10(ii) In the case of a diploma awarded by an approved
11diploma-granting organization the following shall apply:

12(A) The student receiving the diploma shall have completed
13all the requirements in subsection (d) while enrolled in a home
14education program that is in compliance with this section.

15(B) The diploma shall be awarded to the student on a
16standardized form to be developed by the organization.

17(2) The department shall establish eligibility criteria and
18an application process for approving diploma-granting
19organizations to award high school diplomas to students enrolled
20in home education programs. The department shall maintain a list
21of approved diploma-granting organizations and post the list on
22the department's publicly accessible Internet website.

23* * *

24(g) When documentation is required by this section to be
25submitted to [the district of residence superintendent or] the
26hearing examiner, [the superintendent or] the hearing examiner
27shall return, upon completion of his review, all such
28documentation to the supervisor of the home education program.
29The [superintendent or] hearing examiner may photocopy all or
30portions of the documentation for his files.

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

17(h.1) An evaluator's certification stating that an 
18appropriate education is occurring for the school year under 
19review shall be provided by the supervisor to the superintendent 
20of the public school district of residence by June 30 of each 
21year. If the supervisor fails to submit the certification due on 
22June 30 to the superintendent, the superintendent shall send a 
23letter by certified mail, return receipt requested, to the 
24supervisor of the home education program, stating that the 
25certification is past due and notifying the supervisor to submit 
26the certification within ten (10) days of receipt of the 
27certified letter. If the certification is not submitted within 
28that time, the board of school directors shall provide for a 
29proper hearing in accordance with subsection (k).

30[(i) If the superintendent of the public school district

1determines, based on the documentation provided, at the end of
2or during the school year, that appropriate education is not
3taking place for the child in the home education program, the
4superintendent shall send a letter by certified mail, return
5receipt requested, to the supervisor of the home education
6program stating that in his opinion appropriate education is not
7taking place for the child in the home education program and
8shall return all documentation, specifying what aspect or
9aspects of the documentation are inadequate.]

10(i.1) If the superintendent has a reasonable belief, at any 
11time during the school year, that appropriate education may not 
12be occurring in the home education program, he may <-submit a 
13letter to the supervisor, by certified mail, return receipt 
14requested, <-require <-requiring that an evaluation be conducted in 
15accordance with subsection (e)(2) and that an evaluator's 
16certification stating that an appropriate education is occurring 
17for the school year under review, be submitted to the district 
18by the supervisor within thirty (30) days of the receipt of the 
19certified letter. <-The certified letter shall include the basis 
20for the superintendent's reasonable belief. If the tests, as 
21required in subsection (e)(1), have not been administered at the 
22time of the receipt of the certified letter by the supervisor, 
23the supervisor shall submit the other required documentation to 
24the evaluator and <-shall submit the test results to the evaluator 
25with the <-completed documentation at the conclusion of the school 
26year. If the certification is not submitted to the 
27superintendent within thirty (30) days of receipt of the 
28certified letter, the board of school directors shall provide 
29for a proper hearing in accordance 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 
<-13submit a letter to the supervisor by certified mail, return 
14receipt requested, to submit requiring a certification <-to be 
15submitted within thirty (30) days indicating that the program is 
16in compliance. <-The certified letter shall include the basis for 
17the superintendent's reasonable belief. If the certification is 
18not submitted within <-that time thirty (30) days of receipt of 
19the certified letter, the board of school directors shall 
20provide for a proper hearing in accordance with subsection (k).

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

1except that he may require the establishment of a remedial
2education plan mutually agreed to by the superintendent and
3supervisor of the home education program which shall continue
4the home education program. The decision of the examiner may be
5appealed by either the supervisor of the home education program
6or the superintendent to the Secretary of Education [or],
7Commonwealth Court or court of common pleas.

8(l) If the hearing examiner finds that the [documentation]
9evidence does not indicate that appropriate education is taking
10place in the home education program, the home education program
11for the child shall be out of compliance with the requirements
12of this section and section 1327, and the student shall be
13promptly enrolled in the public school district of residence or
14a nonpublic school or a licensed private academic school. The 
15home education program may continue during the time of any 
16appeal.

17* * *

18(n) Nothing in this section shall be construed to affect
19Federal or State law relating to special education for students
20with disabilities in home education programs.

21Section 2. This act shall take effect immediately.