Regular Session 2015-2016 House Bill 1828 P.N. 2812

PRINTER'S NO. 2812

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1828

Session of

2015

INTRODUCED BY LEWIS, TOOHIL, BULLOCK, PICKETT, DEAN, MURT, WARD,

HEFFLEY, STEPHENS, YOUNGBLOOD, ACOSTA, THOMAS, WATSON,

V. BROWN, SAYLOR, JOZWIAK, ROSS, A. HARRIS, NEILSON,

ZIMMERMAN AND STURLA, FEBRUARY 5, 2016

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 5, 2016

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 points of contact and timely

graduation after experiencing educational disruption.

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 "local education agency," wherever used in this

subdivision of this article, shall be as defined in section

220(c).

* * *

The term "school stability," wherever used in this

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

care is entitled to attend 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.

(3) For a child completing the last grade of an elementary

or middle school, the designated receiving school of the child

for the next grade level.

The term "student experiencing an educational disruption,"

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

student who 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

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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

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, including

immunization and proof of residency documents, normally required

for school enrollment. The child's enrolling school shall

immediately contact the school last attended by the child to

obtain relevant academic and other records, which shall be

provided to the enrolling school district within ten (10) days

of the notification.

education agencies, and no local education agency shall refuse

to retain an eligible child in the current school which provides

school stability or refuse to enroll a child in a new school as

provided by this section.

(d) The Department of Education shall:

(1) Designate an individual who shall oversee implementation

of school stability for children in foster care across this

Commonwealth.

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(2) In collaboration with the Department of Human Services,

develop and implement a State-level interagency agreement to:

(i) Collect disaggregated data regarding graduation rates

and the academic performance of children in foster care.

(ii) Assist local education agencies and county children and

youth agencies in ensuring school stability.

(e) Local education agencies shall:

(1) Assign an individual to serve as a point of contact with

the local child welfare agency who shall assist students as

described under this section.

(2) Disaggregate and report data to the Department of

Education regarding the academic performance and graduation

rates of children in foster care.

(3) Collaborate with county children and youth agencies to

implement transportation procedures to support school stability

in accordance with this section.

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

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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

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. Points of Contact and 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:

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(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

participating in extracurricular activity and career and

technical 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) Local education agencies 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.

allow 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) Local education agencies shall ensure that the student

has equal access to participate in a sport, extracurricular

activity and career and technical or other special program and

ensure assistance and advice from counselors to improve college

readiness.

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(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

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

Local education agencies must assist an educationally disrupted

student in obtaining such a certificate.

Section 3. This act shall take effect in 60 days.

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