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PRIOR PRINTER'S NO. 331
PRINTER'S NO. 850
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
324
Session of
2021
INTRODUCED BY LANGERHOLC, BROWNE, MARTIN, BARTOLOTTA, J. WARD,
FONTANA, SCAVELLO, YUDICHAK, BAKER, STEFANO, MENSCH,
SANTARSIERO, BOSCOLA AND AUMENT, MARCH 10, 2021
SENATOR MARTIN, EDUCATION, AS AMENDED, JUNE 7, 2021
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 assisting students experiencing education instability.
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. Assisting Students Experiencing Education
Instability.--(a) Beginning in the 2021-2022 school year and
each school year thereafter, a school entity receiving a student
who has experienced education instability shall:
(1) Assign a point of contact to the student experiencing
education instability. A point of contact may not be a third-
party. A school entity may satisfy the requirement under this
paragraph by assigning the duties under subsection (b) to an
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existing point of contact established by the school entity. The
name and contact information of the point of contact shall be:
(i) Included in the student's education records.
(ii) Provided to the student's education decision maker.
(2) Develop policies and procedures to apply full or partial
credit for coursework that is satisfactorily completed at, and
reflected in the student's records from, WHEN RECEIVED FROM a
prior school entity by a student that enrolls at the receiving
school entity.
(3) Not penalize a student for a school uniform or dress
code violation related to a delay in obtaining a uniform.
(4) Waive each fee that would otherwise be assessed against
the student. The receiving school entity may not limit a
student's participation in school-sponsored and extracurricular
activities due to a waiver of the participation fees.
(5) Allow the student to participate in any school-sponsored
or extracurricular activity for which the student meets
placement and qualification requirements.
(b) A point of contact, in consultation with the school
counselor, school social worker, home and school visitor or
school psychologist AND THE STUDENT'S IEP TEAM OR 504 SERVICE
COORDINATOR , shall:
(1) Facilitate a student's expedited consultation with the
school counselor or other mental health professionals, as
appropriate.
(2) Facilitate the prompt placement of a student in the
appropriate courses.
(3) Connect the student with appropriate education services.
(4) Immediately request the prior school entity, county
agency and the student's education decision maker to provide the
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complete student information and records, including an IEP or
504 service agreement, if applicable. Within ten (10) business
days the prior school entity LOCATED WITHIN THIS COMMONWEALTH
shall provide the requested student information and records to
ensure proper transfer of course credits, grades and an IEP, if
applicable.
(5) Develop and execute a graduation plan in collaboration
with a student in grades nine through twelve to support the
student in graduating. The graduation plan shall be included in
the student's education records.
(c) A school entity shall WORK TO ensure that a student
experiencing an educational EDUCATION instability graduates on
time IN A TIMELY MANNER . The following shall apply:
(1) A school entity may waive a specific course required for
graduation for a student in grades nine through twelve if
similar course work has been satisfactorily completed in another
school entity or a student has demonstrated competency in the
content area. The receiving school entity may consider as
evidence in determining whether coursework has been
satisfactorily completed and the amount of credit to award for
coursework through any of the following:
(i) demonstration of competency by the student;
(ii) performance by a student on an examination;
(iii) successful completion of a career and technical
education course; or
(iv) any other evidence or method which is determined to be
appropriate by the school entity.
(2) If the receiving school entity does not waive a specific
course required for graduation of a student, the receiving
school entity shall provide an alternative or modified course of
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study that is currently offered to any student and that will
assist a student with acquiring the required work or competency
requirements by the student's reasonably expected ANTICIPATED
graduation date.
(3) If a student is ineligible to graduate from the
receiving school entity, the receiving school entity may request
a high school diploma from the prior school entity and the prior
school entity may issue a diploma if the student meets the prior
school entity's graduation requirements.
(4) NOTWITHSTANDING ANY PROVISION OF THIS ACT, FOR A STUDENT
WITH A DISABILITY, THE SCHOOL ENTITY SHALL COMPLY WITH ALL
APPLICABLE LAWS AND REGULATIONS REGARDING STUDENT EVALUATION,
PLACEMENT AND GRADUATION. IF RESPONSIBILITIES UNDER THIS
SUBSECTION OVERLAP OR CONFLICT WITH THE REQUIREMENTS FOR A
STUDENT WITH AN IEP OR A 504 SERVICE AGREEMENT, THE SCHOOL SHALL
IMPLEMENT THE REQUIREMENTS SPECIFIC TO A STUDENT WITH A
DISABILITY UNDER APPLICABLE LAWS.
(4) (5) After exhausting all other options under this
section, a student who has successfully satisfied the
requirements of section 121(c), (c.1) or (c.3) IN ANY SCHOOL
YEAR IN WHICH DEMONSTRATION OF PROFICIENCY ON A KEYSTONE EXAM IS
REQUIRED FOR HIGH SCHOOL GRADUATION , but who cannot obtain a
diploma from a receiving school entity, shall as a last resort
be eligible to obtain a Statewide secondary school diploma,
known as the Keystone Diploma, issued by the department. The
point of contact shall assist the student in obtaining the
Keystone Diploma.
(5) (6) Notwithstanding any provision of this act or any
other law or regulation, a high school diploma awarded by the
department under paragraph (4) (5) shall be considered as having
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each of the rights and privileges afforded by the Commonwealth,
a Commonwealth agency, including the Pennsylvania Higher
Education Assistance Agency, a political subdivision, a local
agency and an authority or instrumentality of the Commonwealth
or a political subdivision to a high school diploma awarded
under this act. For a diploma awarded by the department the
following shall apply:
(i) The student receiving the diploma shall have completed
all the requirements under paragraph (4) (5) while enrolled in a
school entity that is in compliance with this section.
(ii) The diploma shall be awarded to the student on a
standardized form to be developed by the department and which
shall be made available on the department's publicly accessible
Internet website.
(d) The department, in consultation with the Department of
Human Services, shall issue guidelines and best practices within
one hundred eighty (180) days of the effective date of this
section to assist school entities in implementing the provisions
of this section and facilitate the transition between school
entities. The guidelines issued under this subsection shall be
posted on the department's publicly accessible Internet website.
(e) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"504 service agreement." An agreement under section 504 of
the Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. §
701 et seq.).
"County agency." As defined under 23 Pa.C.S. § 6303
(relating to definitions).
"Education decision maker." An individual with the authority
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to make education decisions for a student experiencing education
instability.
"Education instability." One or more changes in school
entity enrollment during a single school year as a result of any
of the following:
(1) Homelessness as defined in the McKinney-Vento Homeless
Assistance Act (Public Law 100-77, 101 Stat. 482) and as
determined by the school entity.
(2) 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 custody agreement.
"Graduation plan." A student-specific plan detailing the
courses necessary for a student to graduate high school and to
successfully transition to postsecondary education and OR the
workforce.
"IEP." An individualized education plan developed in
accordance with 22 Pa. Code § 14.131 (relating to IEP) and the
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. § 1400 et seq.).
"School entity." 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) A career and technical school.
"Student." A student in grades kindergarten through grade
twelve who has experienced education instability.
Section 2. This act shall take effect immediately.
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