PRINTER'S NO. 1992
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
702
Session of
2018
INTRODUCED BY BROWNE, BARTOLOTTA, COSTA, REGAN, HUGHES, SCHWANK,
GREENLEAF, BREWSTER, FONTANA AND RAFFERTY, SEPTEMBER 21, 2018
REFERRED TO EDUCATION, SEPTEMBER 21, 2018
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 ensuring equal access and timely
graduation.
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.--When used in this article, the
following words and phrases shall have the following meanings:
"Child in foster care" 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)
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(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).
* * *
" Local education agency" shall mean a local education agency
as defined in section 220(c).
"McKinney-Vento liaison" shall mean a local liaison for
homeless children designated under section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act (Public Law 100-77,
42 U.S.C. § 11432(g)(1)(J)(ii)).
* * *
"School stability" shall mean the right of a child in foster
care to attend any of the following:
(1) The school the child currently attends.
(2) The school the child attended when initially placed by
the child welfare agency.
* * *
"Student experiencing an education disruption" shall mean an
individual in kindergarten through grade twelve (12) who
experiences one or more school changes as a result of being one
of the following:
(1) Homeless.
(2) Adjudicated dependent or delinquent.
* * *
Section 2. The act is amended by adding sections to read:
Section 1327.4. Children Who are Experiencing Homelessness
or in Dependent Care.--(a) A child in foster care 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
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the court terminates jurisdiction unless school stability is not
in the child's best interest, as determined by a court or
following a best interest determination conference that includes
representatives from the child welfare agency, the child's
current school and the child's educational decision maker. If
continued enrollment is not in the child's best interest, the
new school shall immediately enroll and permit the child to
attend school upon presenting for enrollment or the next
business day regardless of whether the child can provide the
documentation normally required for school enrollment. 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.
(b) The provisions of this section shall apply to all local
education agencies. No local education agency shall refuse to
retain an eligible child in the current school which provides
school stability nor refuse to enroll a child in a new school as
provided by this section.
Section 1331.1. Free Transportation for Certain Children.--
(a) A child experiencing homelessness shall be entitled to free
transportation to the child's school of origin in accordance
with applicable law. For a child in foster care, transportation
shall be provided and arranged in accordance with a local
transportation plan or other agreement between the child welfare
agency and the local education agency where the child is
enrolled. Transportation shall be provided in a cost-effective
manner.
(b) The local education agency shall collaborate with the
child welfare agency to ensure that proper and age-appropriate
transportation required for school stability is promptly
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provided in a manner consistent with any agreement between the
applicable child welfare agency and local education agency.
Transportation shall be provided immediately to ensure ongoing
school attendance.
(c) A child alleging to be homeless and a child in foster
care shall be entitled to remain in the same school pending full
resolution of any dispute regarding the child's status and legal
entitlement to transportation to support school stability. If
the school district and child welfare agency do not agree
regarding which party shall be responsible for paying, or if
there is a dispute between the parties, the following shall
apply:
(1) 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, that school district shall provide transportation. Any
additional costs of transportation shall be evenly divided
between the educating school district and the child welfare
agency.
(2) If there is a disagreement between the local education
agency and the child welfare agency regarding which entity pays
for or arranges transportation, the cost of transportation shall
be evenly divided between the local education agency in which
the child is enrolled and the child welfare agency.
Section 1331.2. Ensuring Equal Access and Timely
Graduation.--(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, foster care point of contact, McKinney-Vento
liaison, teacher or administrator or other appropriate school
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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 child's caregiver or other educational
decision maker. 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
participating in extracurricular activities, career/technical
training 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 child welfare 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 education file.
(b) Students experiencing an educational disruption shall
not be penalized for school uniform or dress code violations
related to delays in obtaining uniforms due to their mobility,
and they shall have equal access to participate in school
programs, sports, extracurricular activities and
career/technical or other special programs, including
transportation if provided.
(c) Students experiencing an educational disruption shall be
eligible to earn credits in the new local education agency
regardless of the date of enrollment. Local education agencies
shall honor credits and partial credits previously earned in any
prior educational placement by students experiencing an
educational disruption.
(d) Local education agencies shall waive local requirements
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for graduation for students experiencing an educational
disruption if similar or alternative coursework has been
satisfactorily completed in another educational placement. If
the student was unable to take a similar course required for
graduation, the local education agency shall waive the local
requirement or offer an alternative means for the student to
graduate on time, which may include awarding credit based on
alternative methods, such as testing or written work, credit for
work or internship experiences, summer school, after-school or
online credit recovery programs overseen by a teacher or other
measures.
(e) When a student experiencing an educational disruption
lacks credits needed to graduate on time, a local education
agency shall offer options to allow the student to make up
credits, such as testing or written work, summer school, after-
school or online credit recovery programs overseen by a teacher
or other assessments.
(f) If a student experiencing an educational disruption
transfers at the beginning of the student's junior year of high
school or later and is ineligible to graduate from the new local
education agency, the former district must award a diploma if
the students meets the graduation requirements of the former
local education agency.
(g) After exhausting all other options under this section, a
student experiencing an educational disruption who has completed
at least four (4) years of high school and meets the State
graduation standards under section 1613, but cannot obtain a
local education agency-issued diploma, shall as a last resort be
eligible to obtain a Commonwealth secondary school diploma
issued by the department under section 1613(d). The student's
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current local education agency shall assist a student
experiencing an educational disruption in obtaining such a
diploma.
Section 3. This act shall take effect in 60 days.
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