PRINTER'S NO. 3355
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2307
Session of
2020
INTRODUCED BY ROZZI, BULLOCK, DONATUCCI, McNEILL, MURT, HOWARD,
ULLMAN, KENYATTA, HARKINS, SCHLOSSBERG, KINSEY, HILL-EVANS,
HOHENSTEIN, GALLOWAY, GAINEY, BURGOS, SANCHEZ, T. DAVIS,
READSHAW, KOSIEROWSKI, FREEMAN, LEE, SHUSTERMAN, SCHWEYER,
KULIK, KIM, GILLEN AND ROEBUCK, FEBRUARY 24, 2020
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 24, 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 ensuring equal access and timely graduation.
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. Ensuring Equal Access and Timely
Graduation.--(a) Each student experiencing an education
disruption shall be assigned a point of contact at the school
entity which the student attends. The following shall apply:
(1) The following may serve as a point of contact:
(i) A certified school counselor.
(ii) A certified home and school visitor.
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(iii) A social worker.
(iv) A foster care point of contact.
(v) A local education liaison under the McKinney-Vento
Homeless Assistance Act (Public Law 100-77, 101 Stat. 482).
(vi) A teacher.
(vii) A school administrator.
(viii) Other appropriate school staff.
(2) Notice regarding the student's point of contact may be
sent to the student's parent, guardian, foster parent or other
education decision maker if one of those individuals is involved
in the student's educational decision making.
(3) A point of contact shall:
(i) Assist with the student's transition to the new school
entity by determining appropriate class placement and connecting
the student with appropriate services and opportunities,
including participating in extracurricular activities,
remediation or tutoring services for the student if needed,
career and technical training and other programs.
(ii) Work with the student in grades nine through twelve or
the student's parent, guardian, foster parent or other education
decision maker, or both, if one of those individuals is involved
in the student's educational decision making and the county
children and youth agency to create a graduation plan for the
student that documents partial and full credits which the
student has earned, and the credits that are needed to graduate,
and details a plan to support the student in graduating,
including remediation or tutoring services for the student if
needed, credit waivers and credit recovery options. The
documentation shall be maintained in the student's education
file.
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(iii) Assist the student in identifying and pursuing post-
secondary goals, including sources of funding.
(iv) Ensure that a student experiencing an education
disruption is provided information regarding tuition and fee
exemptions for dual-credit or other courses provided by an
institution of higher education for which the student may earn
joint high school and college credit.
(v) Provide notice to the student's parent, guardian, foster
parent or other educational decision maker of a student, if one
of those individuals is involved with the student's educational
decision making, regarding events that may significantly impact
the education of the student.
(b) A student experiencing an education disruption shall not
be penalized for a school uniform or dress code violation
related to a delay in obtaining a uniform due to the student's
mobility.
(c) For a student experiencing an education disruption at
any time, the student's current school entity shall ensure that
the student:
(1) has equal access, including transportation if provided,
to participate in school programs, sports, extracurricular
activities and career and technical or other special programs
for which the student qualifies, notwithstanding deadlines for
documentation or other prerequisite requirements normally
required; and
(2) receives all special education services to which the
student is entitled.
(d) A student experiencing an education disruption shall be
eligible to earn credits in the new school entity regardless of
the student's date of enrollment. A school entity shall honor
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credits and partial credits previously earned in a prior
educational placement, which is licensed, certified or otherwise
authorized by a State or local educational agency, by a student
experiencing an education disruption.
(e) When a student experiencing an education disruption
transfers to a new school entity, the receiving school entity
shall communicate with the sending school entity within two days
of the student's enrollment. The sending school entity shall
provide the receiving school entity with any requested records
within two days of receipt of the receiving school entity's
communication.
(f) A student experiencing an education disruption who
transfers to a new school entity shall have:
(1) priority placement in classes that meet State graduation
requirements; and
(2) timely placement in elective classes that are comparable
to those in which the student was enrolled at the student's
previous school entity as soon as the new school entity receives
verification from the student's records.
(g) A new school entity shall accept a referral for special
education services made for a student experiencing an education
disruption by the sending school entity.
(h) A school entity shall waive local requirements for
graduation for a student experiencing an education disruption if
similar or alternative coursework has been satisfactorily
completed in another educational placement, which is licensed,
certified or otherwise authorized by a State or local
educational agency. If the student was unable to take a similar
course required for graduation, the school entity shall waive
the local requirement or offer an alternative means for the
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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. If a student has taken a higher-level course
and is missing credit for a lower-level prerequisite course in
the same subject area, the student shall be granted a waiver,
with credit, for the prerequisite course.
(i) When a student experiencing an education disruption
lacks credits needed to graduate on time, or if education
records are missing, a school entity shall offer options to
allow the student to make up missing credits, such as testing or
written work, summer school, after-school or online credit
recovery programs overseen by a teacher or other assessments.
(j) If a student experiencing an education disruption
transfers at the beginning of the student's junior year of high
school or later and is ineligible to graduate from the student's
current school entity, a former school entity shall award a
diploma if the student meets the graduation requirements of the
former school entity.
(k) After exhausting all other options under this section, a
student experiencing an education disruption 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 entity-issued diploma, shall as a last resort be eligible
to obtain a Statewide secondary school diploma, known as the
Keystone Diploma, issued by the student's current school entity.
In this event, notwithstanding any other provision of law, the
current school entity shall issue a Keystone Diploma to the
student. The diploma shall be conferred in the name of the
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issuing school entity and shall identify the name of the issuing
school entity on the diploma's face. The student's current
school entity shall assist the student in obtaining the diploma.
(l) The State Board of Education, in consultation with the
Secretary of Education, shall establish guidance to implement
this section and facilitate the transition between school
entities.
(m) Each school entity shall develop policies and
procedures, if the school entity does not already have policies
and procedures in place, to ensure that a new school entity:
(1) relies on decisions made by the previous school entity
regarding the placement in courses or educational programs of a
student experiencing an education disruption; and
(2) places a student experiencing an education disruption in
comparable courses or educational programs at the new school
entity, if those courses or programs are available.
(n) A school entity shall specify in its student code of
conduct that consideration will be given as a factor in a
decision concerning disciplinary action regardless of whether
the decision concerns a mandatory or discretionary action to a
student's status as a student experiencing an education
disruption.
(o) The following words and phrases as used in this section
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"School entity" means any of the following:
(1) A school district.
(2) A charter school.
(3) A cyber charter school.
(4) A regional charter school.
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(5) An intermediate unit.
(6) An area career and technical school.
"Student experiencing an education disruption" means a
student in grades kindergarten through twelve who:
(1) Is an unaccompanied youth as defined in the McKinney-
Vento Homeless Assistance Act and as determined by the school
entity and the Department of Education.
(2) Is in foster care.
(3) Has 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.
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 child custody agreement.
Section 2. This act shall take effect in 60 days.
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