When used in this act the
following words and phrases shall have the following meanings:
(1) "Board of school
directors" shall include the board of public education in school districts
of the first class, except where specifically limited to school districts of
other classes.
(2) "School
district" shall include school districts of all classes, except where
specifically limited to districts of a particular class or classes.
(3) "School
term" shall mean the period of time elapsing between the opening of the
public schools in the fall of one year and the closing of the public schools in
the spring of the following year.
(4) "School
year" shall mean the period of time elapsing in school districts of the
first class between the first day of January and the thirty-first day of
December of any year, and in school districts of all other classes between the
first day of July of one year and the thirtieth day of June of the following
year. School districts with a year-round education program may submit a request
to the Secretary of Education for approval or disapproval to extend the school
year until August 15 for the purpose of determining average daily memberships
for students whose one hundred eighty (180) days of instruction continue into
the summer months.
(5) Official
visitor" shall include the Governor, Lieutenant Governor, members of the
Senate and House of Representatives, the House of Representatives, the
Secretary of Education and members of the State Board of Education.
24 PS
1-111 Background checks of prospective employees; conviction of employees of
certain offenses
(a) This section shall
apply to all prospective employees of public and private schools, intermediate
units and area vocational-technical schools, including independent contractors
and their employees, except those employees and independent contractors and
their employees who have no direct contact with children.
(b) Administrators of
public and private schools, intermediate units and area vocational-technical
schools shall require prospective employees to submit with their employment
application, pursuant to 18 Pa.C.S. Ch.91 (relating
to criminal history record information), a report of criminal history record
information from the Pennsylvania State Police that the State Police central
repository contains no such information relating to that person. Such criminal
history record information shall be limited to that which is disseminated
pursuant to 18 Pa.C.S. § 9121(b)(2)(relating
to general regulations) and shall be no more than one (1) year old. An
applicant may submit a copy of the required information with the application
for employment. Administrators shall maintain a copy of the required
information and shall require each applicant to produce the original document
prior to employment. Administrators shall require contractors to produce the
original document for each prospective employee of such contractor prior to
employment.
(c) Where the applicant
is not a resident of the Commonwealth, administrators shall require the
applicant to submit with the application for employment a report of Federal
criminal history record information pursuant to the Federal Bureau of
Investigation appropriation of Title II of Public Law 92-544, 86 Stat. 1115,
and the department shall be the intermediary for the purposes of this section.
(d) The State Board of
Education shall, in the manner provided by law, promulgate the regulations
necessary to carry out this section. The regulations shall provide for the
confidentiality of criminal history record information obtained pursuant to
this act.
(e) No person subject to
this act shall be employed in a public or private school, intermediate unit or
area vocational-technical school where the report of criminal history record
information indicates the applicant has been convicted, within five (5) years
immediately preceding the date of the report, of any of the following offenses:
(1) An offense under one
or more of the following provisions of Title 18 of the Pennsylvania
Consolidated Statutes:
Chapter
25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 2709 (relating to harassment and stalking).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
Section 4302 (relating to incest).
Section 4303 (relating to concealing death of child).
Section 4304 (relating to endangering welfare of children).
Section 4305 (relating to dealing in infant children).
A felony offense under section 5902(b) (relating to
prostitution and related offenses).
Section 5903(c) or (d) (relating to obscene and other sexual materials and
performances).
Section 6301 (relating to corruption of minors).
Section 6312 (relating to sexual abuse of children).
(2) An offense designated as a felony under the act of April 14, 1972 (P.L.
233, No. 64), known as "The Controlled Substance, Drug, Device and
Cosmetic Act.
(3) An out-of-State or
Federal offense similar in nature to those crimes listed in clauses (1) and
(2).
(f) The requirements of
this section shall not apply to employees of public and private schools,
intermediate units and area vocational-technical schools who meet all the
following requirements:
(1) The employees are
under twenty-one (21) years of age.
(2) They are employed for periods of ninety (90) days or less.
(3) They are a part of a job development and/or job training program funded in
whole or in part by public or private sources. Once employment of a person who
meets these conditions extends beyond ninety (90) days, all requirements of
this section shall take effect.
(g) An administrator or other person responsible for employment decisions in a
school or other institution under this section who willfully fails to comply
with the provisions of this section commits a violation of this act and shall
be subject to civil penalty as provided in this section.
(1) The department shall
have jurisdiction to determine violators of this section and may, following a
hearing, assess a civil penalty not to exceed two thousand five hundred dollars
($2,500).
(2) The civil penalty
shall be payable to the Commonwealth.
(h) No person employed in
a public or private school on the effective date of this section shall be
required to obtain the information required herein as a condition of continued
employment. Any person who has once obtained the information required under
this section may transfer to another school in the same district or established
and supervised by the same organization and shall not be required to obtain
additional reports before making such transfer.
(i)
Notwithstanding subsections (b) and (c), administrators may employ applicants
on a provisional basis for a single period not to exceed thirty (30) days or,
for out-of-State applicants, a period of ninety (90) days, except during a
lawful strike proceeding under the provisions of the act of July 23, 1970
(P.L.563, No.195), known as the "Public Employee Relations Act,"
provided that all of the following conditions are met:
(1) the applicant has
applied for the information required under subsection (b) and, where
applicable, under subsection (c) and the applicant provides a copy of the
appropriate completed request forms to the administrator;
(2) the administrator has no knowledge of information pertaining to the
applicant which would disqualify him from employment pursuant to subsection
(e);
(3) the applicant swears or affirms in writing that he is not disqualified from
employment pursuant to subsection (e);
(4) if the information obtained pursuant to subsection (b) or (c) reveals that
the applicant is disqualified from employment pursuant to subsection (e), the
applicant shall be suspended and subject to termination proceedings as provided
for by law; and
(5) the administrator requires that the applicant not be permitted to work
alone with children and that the applicant work in the immediate vicinity of a
permanent employee.
24 PS
13-1303a Immunization required; penalty
(a) It shall be the duty
of all school directors, superintendents, principals, or other persons in
charge of any public, private, parochial, or other school including
kindergarten, to ascertain that every child, prior to admission to school for
the first time has been immunized, as the Secretary of Health may direct,
against such diseases as shall appear on a list to be made and from time to
time reviewed by the Advisory Health Board. All certificates of immunization
shall be issued in accordance with the rules and regulations promulgated by the
Secretary of Health with the sanction and advice of the Advisory Health Board.
(b) Any person who shall
fail, neglect, or refuse to comply with, or who shall violate, any of the
provisions or requirements of this section, except as hereinafter provided,
shall, for every such offense, upon summary conviction thereof, be sentenced to
pay a fine of not less than five dollars ($5) nor more than one hundred dollars
($100), and in default thereof, to undergo an imprisonment in the jail of the
proper county for a period not exceeding sixty (60) days. All such fines shall
be paid into the treasury of the school district.
(c) The provisions of
this section shall not apply in the case of any child deemed to have a medical
contraindication which may contraindicate immunization and so certified by a
physician. Such certificates may be accepted in lieu of a certificate of
immunization.
(d) The provisions of
this section shall not apply in the case of any child whose parent or guardian
objects in writing to such immunization on religious grounds.
24 PS
13-1304 Admission of beginners
The admission of
beginners to the public schools shall be confined to the first two weeks of the
annual school term in districts operating on an annual promotion basis, and to
the first two weeks of either the first or the second semester of the school
term in districts operating on a semi-annual promotion basis. Admission shall be
limited to beginners who have attained the age of five years and seven months
before the first day of September if they are to be admitted in the fall, and
to those who have attained the age of five years and seven months before the
first day of February if they are to be admitted at the beginning of the second
semester. The board of school directors of any school district may admit
beginners who are less than five years and seven months of age, in accordance
with standards prescribed by the State Board of Education. The board of school
directors may refuse to accept or retain beginners who have not attained a
mental age of five years, as determined by the supervisor of special education
or a properly certificated public school psychologist in accordance with
standards prescribed by the State Board of Education.
The term
"beginners," as used in this section, shall mean any child that
should enter the lowest grade of the primary school or the lowest primary class
above the kindergarten level.
24 PS
13-1326 Definitions
The term
"compulsory school age," as hereinafter used, shall mean the period
of a child's life from the time the child's parents elect to have the child
enter school, which shall be not later than at the age of eight (8) years,
until the age of seventeen (17) years. The term shall not include any child who
holds a certificate of graduation from a regularly accredited senior high
school.
The term "migratory
child," wherever used in this subdivision of this article, shall include
any child domiciled temporarily in any school district for the purpose of
seasonal employment, but not acquiring residence therein, and any child
accompanying his parent or guardian who is so domiciled.
24
PS 13-1327 Compulsory school attendance
(a) Except as hereinafter
provided, every child of compulsory school age having a legal residence in this
Commonwealth, as provided in this article, and every migratory child of
compulsory school age, is required to attend a day school in which the subjects
and activities prescribed by the standards of the State Board of Education are
taught in the English language. In lieu of such school attendance, any child
fifteen years of age with the approval of the district superintendent and the
approval of the Secretary of Education, and any child sixteen years of age with
the approval of the district superintendent of schools, may enroll as a day
student in a private trade school or in a private business school licensed by
the Department of Education, or in a trade or business school, or department
operated by a local school district or districts. Such modified program offered
in a public school must meet the standards prescribed by the State Board of
Education or the State Board for Vocational Education. Except as hereinafter
provided, every parent, guardian, or other person having control or charge of
any child or children of compulsory school age is required to send such child
or children to a day school in which the subjects and activities prescribed by
the standards of the State Board of Education are taught in the English
language. Such parent, guardian, or other person having control or charge of
any child or children, fifteen or sixteen years of age, in accordance with the
provisions of this act, may send such child or children to a private trade
school or private business school licensed by the Department of Education, or
to a trade or business school, or department operated by a local school
district or. districts. Such modified program offered
in a public school must meet the standards prescribed by the State Board of
Education or the State Board for Vocational Education. Such child or children
shall attend such school continuously through the entire term, during which the
public schools in their respective districts shall be in session, or in cases
of children of migrant laborers during the time the schools are in session in
the districts in which such children are temporarily domiciled. The financial
responsibility for the education of such children of migrant laborers shall
remain with the school district in which such children of migrant laborers are
temporarily domiciled; except in the case of special schools or classes
conducted by an intermediate unit and approved by the Department of Education
or conducted by the Department of Education. The certificate of any principal
or teacher of a private school, or of any institution for the education of
children, in which the subjects and activities prescribed by the standards of
the State Board of Education are taught in the English language, setting forth
that the work of said school is in compliance with the provisions of this act,
shall be sufficient and satisfactory evidence thereof. Regular daily
instruction in the English language, for the time herein required, by a
properly qualified private tutor, shall be considered as complying with the
provisions of this section. For the purposes of this section, "properly
qualified private tutor" shall mean a person who is certified by the
Commonwealth of Pennsylvania to teach in the public schools of Pennsylvania;
who is teaching one or more children who are members of a single family; who
provides the majority of the instruction to such child or children; and who is
receiving a fee or other consideration for such instructional services. No
person who would be disqualified from school employment by the provisions of
subsection (e) of section 111 may be a private tutor, as provided for in this
section. The private tutor must file a copy of his
(b) A child enrolled in a
day school which is operated by a bona fide church or other religious body, and
the parent, guardian or other person having control or charge of any such child
or children of compulsory school age shall be deemed to have met the
requirements of this section if that school provides a minimum of one hundred
eighty (180) days of instruction or nine hundred (900) hours of instruction per
year at the elementary level, or nine hundred ninety (990) hours per year of
instruction at the secondary level and:
(1) At the elementary
school level, the following courses are taught: English, to include spelling,
reading and writing; arithmetic; science; geography; history of the United
States and Pennsylvania; civics; safety education, including regular and
continuous instruction in the dangers and prevention of fires; health and
physiology; physical education; music; and art.
(2) At the secondary
school level, the following courses are offered: English, to include language,
literature, speech and composition; science, to include biology and chemistry;
geography; social studies, to include civics, economics, world history, history
of the United States and Pennsylvania; a foreign language; mathematics, to
include general mathematics and statistics, algebra and geometry; art; music;
physical education; health and physiology; and safety education, including
regular and continuous instruction in the dangers and prevention of fires.
The requirements
contained in sections 1511 and 1605 of this act shall not apply to such
schools. The notarized affidavit of the principal of any such school, filed
with the Department of Education and setting forth that such subjects are
offered in the English language in such school, whether it is a nonprofit
organization, and that such school is otherwise in compliance with the
provisions of this act, shall be satisfactory and sufficient evidence thereof.
It is the policy of the Commonwealth to preserve the primary right and the
obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the education and training
for such child. Nothing contained in this act shall empower the Commonwealth,
any of its officers, agencies or subdivisions to approve the course content,
faculty, staff or disciplinary requirements of any religious school referred to
in this section without the consent of said school.
(c) A child enrolled in a
day or boarding school accredited by an accrediting association which is
approved by the State Board of Education, and the parent, guardian or other
person having designated control or charge of any child or children of
compulsory school age shall be deemed to have met the requirements of
subsection (a).
(d)
Instruction to children of compulsory school age provided in a home education
program, as provided for in section 1327.1 of this act, shall be considered as
complying with the provisions of this section, except that any student who has
been identified pursuant to the provisions of the Education of the Handicapped
Act (Public Law 91-230, 20 U.S.C. § 1401 et seq.) as needing special education
services, excluding those students identified as gifted and/or talented, shall
be in compliance with the requirements of compulsory attendance by
participating in a home education program, as defined in section 1327.1, when
the program addresses the specific needs of the exceptional student and is
approved by a teacher with a valid certificate from the Commonwealth to teach
special education or a licensed clinical or certified school psychologist, and
written notification of such approval is submitted with the notarized affidavit
required under section 1327.1(b). The supervisor of a home education program
may request that the school district or intermediate unit of residence provide
services that address the specific needs of the exceptional student in the home
education program. When the provision of services is agreed to by both the supervisor and the school district or intermediate
unit, all services shall be provided in the public schools or in a private
school licensed to provide such programs and services.
24 PS
13-1327.1 Home education program
(a) The
following words and phrases when used in this section shall have the meanings
given to them in this subsection:
"Appropriate
education" shall mean a program consisting of instruction in the required
subjects for the time required in this act and in which the student
demonstrates sustained progress in the overall program.
"Hearing
examiner" shall not be an officer, employe or
agent of the Department of Education or of the school district or intermediate
unit of residence of the child in the home education program.
"Home education
program" shall mean a program conducted, in compliance with this section,
by the parent or guardian or such person having legal custody of the child or
children.
"Supervisor"
shall mean the parent or guardian or such person having legal custody of the
child or children who shall be responsible for the provision of instruction,
provided that such person has a high school diploma or its equivalent.
(b) The
requirements contained in sections 1511 and 1511.1, except as provided for in
this section, and section 1605 shall not apply to home education programs. A
home education program shall not be considered a nonpublic school under the
provisions of this act.
(1) A notarized affidavit
of the parent or guardian or other person having legal custody of the child or
children, filed prior to the commencement of the home education program and
annually thereafter on August 1 with the superintendent of the school, district
of residence and which sets forth: the name of the supervisor of the home
education program who shall be responsible for the provision of instruction;
the name and age of each. child who shall participate in the home education
program; the address and telephone number of the home education program site;
that such subjects as required by law are offered in the English language,
including an outline of proposed education objectives by subject area; evidence
that the child has been immunized in accordance with the provisions of section
1303(a) and has received the health and medical services required for students
of the child's age or grade level in Article XIV; and that the home education
program shall comply with the provisions of this section and that the notarized
affidavit shall be satisfactory evidence thereof. The required outline of
proposed education objectives shall not be utilized by the superintendent in
determining if the home education program is out of compliance with this
section and section 1327. The affidavit shall contain a certification to be
signed by the supervisor that the supervisor, all adults living in the home and
persons having legal custody of a child or children in a home education program
have not been convicted of the criminal offenses enumerated in subsection (e)
of section 111 within five years immediately preceding the date of the
affidavit.
(2) In the event the home
education program site is relocating to another school district within this
Commonwealth during the course of the public school term or prior to the
opening of the public school term in the fall, the supervisor of the home
education program must apply, by registered mail, thirty (30) days prior to the
relocation, to the superintendent of the district in which he or she currently
resides, requesting a letter of transfer for the home education program to the
district to which the home education program is relocating. The current
superintendent of residence must issue the letter of transfer thirty (30) days
after receipt of the registered mail request of the home education program
supervisor.
(i)
If the home education program is not in compliance with the provisions of this
section, the superintendent of the current district of residence must inform
the home education supervisor and the superintendent of the district to which
the home education program is relocating the status of the home education
program and the reason for the denial of the letter of transfer.
(ii) If the home
education program is in hearing procedures, as contained in this section, the
superintendent of the current district of residence must inform the home
education supervisor, the assigned hearing examiner and the superintendent of
the district to which the home education program is relocating the status of
the home education program and the reason for the denial of the letter of
transfer.
(3) The letter of
transfer, required by clause (2), must be filed by the supervisor of the home
education program with the superintendent of the new district of residence. In
the case of pending proceedings, the new district of residence superintendent
shall continue the home education program until the appeal process is
finalized.
(c) A child
who is enrolled in a home education program and whose education is therefore
under the direct supervision of his parent, guardian or other person having
legal custody shall be deemed to have met the requirements of section 1327 if
that home education program provides a minimum of one hundred eighty (180) days
of instruction or nine hundred (900) hours of instruction per year at the
elementary level, or nine hundred ninety (990) hours per year at the secondary
level:
(1) At the elementary
school level, the following courses shall be taught: English, to include
spelling, reading and writing; arithmetic; science; geography; history of the
United States and Pennsylvania; civics; safety education, including regular and
continuous instruction in the dangers and prevention of fires; health and
physiology; physical education; music; and art.
(2) At the
secondary school level, the following courses shall be taught: English, to
include language, literature, speech and composition; science; geography;
social studies, to include civics, world history, history of the United States
and Pennsylvania; mathematics, to include general mathematics, algebra and
geometry; art; music; physical education; health; and safety education, including
regular and continuous instruction in the dangers and prevention of fires. Such
courses of study may include, at the discretion of the supervisor of the home
education program, economics; biology; chemistry; foreign languages;
trigonometry; or other age-appropriate courses as contained in Chapter 5
(Curriculum Requirements) of the State Board of Education. '
(d) The
following minimum courses in grades nine through twelve are established as a
requirement for graduation in a home education program:
(1) Four years of
English.
(2) Three years of
mathematics.
(3) Three years of
science.
(4) Three years of social
studies
(5) Two years of arts and
humanities.
(e) In
order to demonstrate that appropriate education is occurring, the supervisor of
the home education program shall provide and maintain on file the following
documentation for each student enrolled in the home education program:
(1) A portfolio of
records and materials. The portfolio shall consist of a log, made
contemporaneously with the instruction, which designates by title the reading
materials used, samples of any writings, worksheets, workbooks or creative
materials used or developed by the student and in grades three, five and eight
results of nationally normed standardized achievement
tests in reading/language arts and mathematics or the results of Statewide
tests administered in these grade levels. The department shall establish a
list, with a minimum of five tests, of nationally normed
standardized tests from which the supervisor of the home education program
shall select a test to be administered if the supervisor does not choose the Statewide tests. At the discretion of the supervisor, the
portfolio may include the results of nationally normed
standardized achievement tests for other subject areas or grade levels. The
supervisor shall ensure that the nationally normed
standardized tests or the Statewide tests shall not be
administered by the child's parent or guardian.
(i)
A teacher or administrator who evaluates a portfolio at the elementary level
(grades kindergarten through six) shall have at least two years of experience
in grading any of the following subjects: English, to include spelling, reading
and writing; arithmetic; science; geography; history of the United States and
Pennsylvania; and civics.
(ii) A teacher or
administrator who evaluates a portfolio at the secondary level (grades seven
through twelve) shall have at least two years of experience in grading any of
the following subjects: English, to include language, literature, speech, reading
and composition; science, to include biology, chemistry and physics; geography;
social studies, to include economics, civics, world history, history of the
United States and Pennsylvania; foreign language; and mathematics, to include
general mathematics, algebra, trigonometry, calculus and geometry.
(iii) As used in this
clause, the term "grading" shall mean evaluation of classwork, homework, quizzes, classwork-based
tests and prepared tests related to classwork subject
matter.
(2) An annual written
evaluation of the student's educational progress as determined by a licensed
clinical or school psychologist or a teacher certified by the Commonwealth or
by a nonpublic school teacher or administrator. Any such nonpublic teacher or
administrator shall have at least two years of teaching experience in a
(f) The
school district of residence shall, at the request of the supervisor, lend to
the home education program copies of the school district's planned courses,
textbooks and other curriculum materials appropriate to the student's age and
grade level.
(g) When
documentation is required by this section to be submitted to the district of
residence superintendent or the hearing examiner, the superintendent or the
hearing examiner shall return, upon completion of his review, all such
documentation to the supervisor of the home education program. The
superintendent or hearing examiner may photocopy all or portions of the
documentation for his files.
(h) Such
documentation required by subsection (e)(1) and (2)
shall be provided to the public school district of residence superintendent at
the conclusion of each public school year. In addition, if the superintendent
has a reasonable belief that, at any time during the school year, appropriate
education may not be occurring in the home education program, he may, by
certified mail, return receipt requested, require documentation pertaining to
the portfolio of records and materials required by subsection (e)(1) to be
submitted to the district within fifteen (15) days; and documentation
pertaining to subsection (e)(2) to be submitted to the district within thirty
(30) days. If the tests as required in subsection (e)(1) have not been
administered at the time of the receipt of the certified letter by the
supervisor, the supervisor shall submit the other required documentation and
shall submit the test results with the documentation at the conclusion of the
school year.
(i) If the superintendent of the public school district
determines, based on the documentation provided, at the end of or during the
school year, that appropriate education is not taking place for the child in
the home education program, the superintendent shall send a letter by certified
mail, return receipt requested, to the supervisor of the home education program
stating that in his opinion appropriate education is not taking place for the
child in the home education program and shall return all documentation,
specifying what aspect or aspects of the documentation are inadequate.
[j) Upon
receipt of the certified letter required by subsection (i),
the supervisor of the home education program shall have twenty (20) days to
submit additional documentation demonstrating that appropriate education is
taking place for the child in the home education program. If documentation is
not submitted within that time, the home education program for the child shall
be out of compliance with the requirements of this section and section 1327,
and the student shall be promptly enrolled in the public school district of
residence or a nonpublic school or a licensed private academic school.
(k) If the
superintendent determines that the additional documentation submitted still
does not demonstrate that appropriate education is taking place in the home
education program, he shall so notify the supervisor of the home education
program by certified mail, return receipt requested, and the board of school
directors shall provide for a proper hearing by a duly qualified and impartial
hearing examiner within thirty (30) days. The examiner shall render a decision
within fifteen (15) days of the hearing except that he may require the
establishment of a remedial education plan mutually agreed to by the
superintendent and supervisor of the home education program which shall
continue the home education program. The decision of the examiner may be
appealed by either the supervisor of the home education program or the
superintendent to the Secretary of Education or
(l) If the
hearing examiner finds that the documentation does not indicate that
appropriate education is taking place in the home education program, the home
education program for the child shall be out of compliance with the
requirements of this section and section 1327, and the student shall be
promptly enrolled in the public school district of residence or a nonpublic
school or a licensed private academic school.
(m) At such
time as the child's home education program has been determined to be out of
compliance with the provisions of this section and section 1327, the supervisor
or spouse of the supervisor of the home education program shall not be eligible
to supervise a home education program for that child, as provided for in
subsection (b)(1) of this section, for a period of
twelve (12) months from the date of such determination.
Sec.
Art XIV, Public School Code of 1949, Title 24
SCHOOL HEALTH SERVICES
Note: Former Article XIV,
Medical Inspection and Hygiene, was repealed by 1957 Act 404, § I (PL 937), eff. 6-1-57@ 5-9-49, Act 269, § I (PL 957); 5-9-49, Act
263, § 7 (PL 939); 3-10-49, Act 14, Art XIV, § 1401 to 1413, 1421 to 1438 (PL
30).
Sec.
1401 Definitions
Sec.
1402 Health services
Sec.
1403 Dental examinations and dental hygiene services
Sec.
1404 Place of examination: use of hospital facilities
Sec.
1405 Assistance: presence of parents
Sec.
1406 Recommendations
Sec.
1407 Examinations bv examiners of own choice
Sec.
1408 Reports
Sec.
1409 Confidentiality, transference and removal of health records
Sec.
1410 Employment of school health personnel
Sec.
1411 Cooperation with political subdivisions
Sec.
1412 Municipal civil service status protected
Sec.
1413 Supplemental duties of school physicians
Sec.
1414 Care and treatment of pupils
Sec.
1415 Public assistance for medical, dental or surgical care
Sec. 1416
Precautions against spread of tuberculosis
Sec.
1417 Pupils relieved from compulsory attendance
Sec.
1418 Medical examinations of teachers and other persons
Sec.
1419 Objections to examination or treatment on religious grounds
Sec.
1420 Examinations of school buildings and grounds
Sec.
1421 Powers and duties of the Secretary of Health and of the Superintendent of
Public Instruction: rules and regulations
Sec.
1422 Advisory health councils
Sec. 1423 to 1438 Repealed
24 PS 1401 Definitions
As used in this article-
(1) "Children of school age" or "child of school age" means
every child attending or who should attend an elementary grade or high school,
either public or private, within the Commonwealth and children who are
attending a kindergarten which is an integral part of a local school district.
(2) "Teachers" means professional employees,
temporary professional employees and substitutes and instructors in public or
private schools within the Commonwealth.
(3) "Other employees" means janitors, bus drivers, cooks and other
cafeteria help and all others employed at schools.
(4) "School physician" means a physician legally qualified to
practice medicine and surgery or osteopathy or osteopathic surgery in the
Commonwealth, who has been appointed or approved by the Secretary of Health.
(5) "School dentist" means a doctor of dental surgery or dental
medicine legally qualified to practice dentistry in the Commonwealth, who has
been appointed or approved by the Secretary of Health.
(6) "Family physician" means either a doctor of medicine legally
qualified to practice medicine and surgery in the Commonwealth, or an osteopath
or osteopathic surgeon legally qualified to practice osteopathy or osteopathic
surgery in the Commonwealth, who has been designated by the parent or guardian
as the personal physician of the child.
(7) "Family dentist" means a doctor of dental surgery or dental
medicine legally qualified to practice dentistry in the Commonwealth, who has
been designated by the parent or guardian as the personal dentist of the child.
(8) "School nurse" means a licensed registered nurse properly
certificated by the Superintendent of Public Instruction as a school nurse who
is employed by a school district or joint school board as a school nurse, or is
employed in providing school nurse services to children of school age by a
county health unit or a department or board of health of any municipality with
which a school district or joint school board has contracted for school health
services pursuant to the provisions of section 1411 of this act. The employment
of any nurse employed by a school district or joint school board as a school
nurse prior to the effective date of this act shall not be affected by a
contract for school health services that may be entered into by any school
district or joint school board under the provisions of this act.
(9) "Dental hygienist" means a dental hygienist licensed bv the State Dental Council and Examining Board, who is
assigned to a school district or joint school board, or a dental hygienist
licensed by the State Dental Council and Examining Board and certificated as a
school dental hygienist by the Superintendent of Public Instruction, who is
employed by a school district or joint school board as a dental hygienist. The
employment of any dental hygienist employed by a school district or joint
school board as a dental hygienist prior to the effective date of this act
shall not be affected by a contract for school health services that may be
entered into by any school district or joint school board under the provisions
of this act.
(10) "Medical technician" means a person the operation of X-ray or
other diagnostic equipment having such training and experience as required by
the Secretary of Health.
(11) "Sanitarian" means a person having such training and experience
as required by the Secretary of Health and qualified to conduct sanitary
inspections of school buildings and grounds in connection with water supply,
sewage and refuse disposal, food service, eating, lighting, ventilation and
safety.
(a) Each child of school
age shall be given by methods established by the Advisory Health Board, (1) a
vision test by a school nurse, medical technician or teacher, (2) a hearing
test by a school nurse or medical technician, (3) a measurement of height and
weight by a school nurse or teacher, (4) tests for tuberculosis under medical
supervision, and (5) such other tests as the Advisory Health Board may deem
advisable to protect the health of the child. Vision tests shall be given at
least annually and other tests at intervals established by the Advisory Health
Board.
(a.1) Every child of school age shall be provided with
school nurse services: Provided, however, that the number of pupils under the
care of each school nurse shall not exceed one thousand five hundred (1,500).
(b) For each child of school age, a comprehensive health record shall be
maintained by the school district or joint school board, which shall include
the results of the tests, measurements and regularly scheduled examinations and
special examinations herein specified.
(c) Medical questionnaires, suitable for diagnostic purposes, furnished by the
Secretary of Health and completed by the child or by the child's parent or
guardian, at such times as the Secretary of Health may direct, shall become a
part of the child's health record.
(d) All teachers shall report to the school nurse or school physician any
unusual behavior, changes in physical appearance, changes in attendance habits
and changes in scholastic achievement, which may indicate impairment of a
child's health. The nurse or school physician or school dentist may, upon
referral by the teacher or on his own initiative, advise a child's parent or
guardian of the apparent need for a special medical or dental examination. If a
parent or guardian fails to report the results to the nurse or school
physician, the nurse or school physician, shall arrange a special medical
examination for the child.
(e) The school physicians of each district or joint board shall make a medical
examination and a comprehensive appraisal of the health of every child of
school age, (1) upon original entry into school in the Commonwealth, (2) while
in sixth grade, (3) while in eleventh grade, and (4) prior to the issuance of a
farm or domestic service permit unless the child has been given a scheduled or
special medical examination within the preceding four months. The health record
of the child shall be made available to the school physician at the time of the
regularly scheduled health appraisals.
(f) The Secretary of Health, upon petition of the school board or joint school
board or on his own initiative with the concurrence of the school board or
joint school board, may modify for individual school districts the school
health services program specified in this section. The program as modified
shall conform to approved medical or dental practices
and shall permit valid statistical appraisals of the various components of the
program.
24
PS 14-1403 Dental examinations and dental hygiene services
(a) All children of
school age in the Commonwealth, (i) upon original
entry into the school, (ii) while in the third grade, and (iii) while in the
seventh grade, shall be given a dental examination by a school dentist:
Provided, however, That this requirement shall not apply to those school
districts or joint school boards which have instituted a program of dental
hygiene services as provided in subsection (b) of this section.
(b) Any school district
or joint school board may institute a program of dental hygiene services for
children of school age, which program shall be approved by the Secretary of
Health, and for that purpose may employ dental hygienists.
24
PS 14-1404 Place of examination, use of hospital facilities
The school physician and
school dentist shall conduct medical, dental and other examinations in rooms
set aside for this special purpose and equipped with adequate facilities and
with such other accessories as may be required by the Secretary of Health for
the thorough examination of children. The school physicians shall require the
removal of sufficient clothing to insure complete examination. If facilities in
schools are inadequate for conducting medical, dental and other examinations,
the school districts or joint school boards and private schools may, subject to
the approval of the Secretary of Health, make arrangements for the use of
laboratories and facilities of hospitals or clinics for examinations herein
provided for.
24
PS 14-1405 Assistance; presence of parents
Every school physician
shall be assisted by a school nurse and every school dentist by a dental
hygienist, if available, or trained assistant, who shall be present during each
examination. Parents or guardians of children of school age shall be advised in
advance of the date of examination and urged to be present. Medical
examinations shall be made in the presence of the parent or guardian of the
child when so requested by the parent or guardian.
Recommendations as to
medical, surgical or dental care shall be sent to each parent or guardian and
to the family physician or family dentist on forms prepared or approved by the
Secretary of Health with instructions to the parent or guardian to consult the
family physician or family dentist and to notify the school authorities of the
action taken with respect to the recommendations.
School physicians or
school nurses shall inform teachers of the health conditions of pupils which
may affect behavior, appearance or scholastic performance.
24
PS 14-1407 Examinations by examiners of own choice
In lieu of the medical or
dental examinations prescribed by this article, any child of school age may
furnish the local school officials with a medical or dental
report of examination made at his own expense by his family physician or family
dentist on a form approved by the Secretary of Health for this purpose. The in
lieu examinations shall be made and the report shall be furnished prior to the
date fixed for the regularly scheduled examination but no earlier than four
months prior to the opening of the school term during which the regular
examination is scheduled.
Every school district of
the Commonwealth or school districts jointly, school physicians, school
dentists and school nurses, shall file with the Secretary of Health and/or the
Superintendent of Public Instruction such reports as required by the
regulations of the two departments.
24
PS 14-1409 Confidentiality, transference and removal of health records
All health records
established and maintained pursuant to this act shall be confidential, and
their contents shall be divulged only when necessary for the health of the
child or at the request of the parent or guardian to a physician legally
qualified to practice medicine and surgery or osteopathy or osteopathic surgery
in the Commonwealth.
In the case of any child
of school age who enrolls in any school, public or private, in any district and
who previously attended school in another district in
24
PS 1410 Employment of school health personnel
Except as otherwise
provided in this article, all school districts alone or jointly with other
districts or joint school boards shall employ school physicians and school
dentists but only with the approval of the Secretary of Health, and shall
compensate them on a basis agreed upon by the school physician or school
dentist and the employing district or joint school board, and shall employ one
or more school nurses. Health officers of municipalities may be appointed as
school physicians by school districts or joint school boards. For special
examinations recommended by school physicians, school districts or joint school
boards may engage the services of ophthalmologists or other licensed medical
specialists or of optometrists. Any school district alone or jointly with other
districts or joint school boards may employ dental hygienists and such other
technical and clerical personnel as are necessary to carry out the provisions
of this article.
24
PS 1411 Cooperation with political subdivisions
Any school district or
joint school board may, in any health work in which it is authorized to engage,
cooperate with any county, city, borough, town or township engaged in health
work. Any school district of the first class A may, with the approval of the
Secretary of Health and Superintendent of Public Instruction, contract with
county health units or the department or board of health of any municipality
for school health services.
24
PS 1412 Municipal civil service status protected
In any school district of
the first class or first class A, any physician or nurse who is an employee
with civil service status under any municipal corporation within the
territorial limits of the school district and who performs any duty or duties
under this act shall continue to be an employee of the municipal corporation
and shall retain all of his or her civil service rights and rights under the
pension system of the said municipal corporation.
24
PS 1413 Supplemental duties of school physicians
Duties of school
physicians shall include the vaccination of children of indigent parents,
official re-vaccination of children having temporary vaccination certificates,
physical examination of children incident to the issuance of employment
certificates as required by the provisions of the Child Labor Act, approval of
the return of pupils who have been absent due to a contagious disease or
suspected contagious disease, and such other duties as may be required by the
board of school directors not inconsistent with the rules and regulations of
the Secretary of Health.
24
PS 1414 Care and treatment of pupils
Any school district or
joint school board may provide for the care and treatment of defective eyes,
ears and teeth of all children of school age within the district.
24 PS 1415 Public assistance for medical, dental or surgical care
If the
medical record of any child at any time discloses a condition which requires
medical. dental or surgical treatment and the parent or guardian
states to the school authorities that he is financially unable to have a
physician or dentist of his choice render such care, he shall be advised that
the cost of such care may be provided if application is made to the appropriate
county board of public assistance. Upon application, the county board of
assistance shall authorize payment for necessary medical. dental
or surgical care as assistance as defined in the standards. rules
and regulations established by the Secretary of Public Welfare in consultation
with the Secretary of Health. If it appears that the parent or guardian was
financially able to pay for the medical, dental or surgical care for which
payment was made on the authorization of a county board of assistance, the
Department of Public Welfare shall recover the amounts thus expended from the
parent or guardian liable for the support of such child as provided in the support
law.
24
PS 1416 Precautions against spread of tuberculosis
No person having any form
of tuberculosis in a transmissible stage shall be a pupil, teacher, janitor or
any other employee in any school except in a special school carried on under
the regulations made for such schools by the Secretary of Health. The board of
directors of any school district or joint school board may appropriate the
necessary funds to pay for X-ray or other medical examinations to determine the
presence or absence of tuberculosis in any teacher, janitor or other employee
of the district.
24
PS 1417 Pupils relieved from I compulsory attendance
Any pupil prevented from
attending school on account of the health or sanitation laws of this
Commonwealth, or by the sanitary regulations of the local board of health or
the board of school directors, is relieved from complying with the provisions
of the act amended hereby concerning compulsory attendance during the time he
is prevented from attending school.
24
PS 1418 Medical examinations of teachers and other persons
(a) All teachers,
janitors, cooks and other cafeteria help and all others employed at schools
shall be required to take a pre-employment medical examination, the results of
which shall be recorded on forms prescribed by the Secretary of Health and
shall be made available to the employing authorities.
(b) Each teacher, any other school employee and any person providing services
for school children under contract shall be given tests for tuberculosis in
accordance with rules and regulations adopted by the Advisory Health Board.
Each student teacher and volunteer participating in student activities shall be
given the same tests for tuberculosis, but no person shall be required to
submit to a particular test if he shall furnish a statement setting forth
adequate reasons for being excused from taking the test. In such case, an
alternative method of testing shall be administered.
(c) School boards may require a special medical examination for any school
employee at any time.
(d) Medical examinations shall be made by the school physician of the district
if provision therefor is made by the district or
joint school board or by a physician of the employee's own choice legally
qualified to practice medicine and surgery or osteopathy or osteopathic surgery
in the Commonwealth.
24
PS 1419 Objections to examination or treatment on religious grounds
This article shall not be
construed to compel any person to submit to any medical or dental examination
or treatment under the authority of this act when the person or the parent or
guardian of the person, if a minor, objects to the examination or treatment on
religious grounds or to permit any discrimination against any person on account
of such objections: Provided, that exemption from medical or dental examination
shall not be granted if the Secretary of Health finds that facts exist under
which the exemption constitutes a present substantial menace to the health of
other persons exposed to contact with the unexamined person.
24
PS 1420 Examinations of school buildings and grounds
The Secretary of Health
shall employ sanitarians or request local health authorities to assign a
sanitarian to make a careful examination of all privies, water closets,
urinals, cellars. the water supply and drinking
vessels and utensils and sewage and refuse disposal systems, lighting, heating
and ventilating systems, and such additional examinations of the sanitary
conditions of the school buildings and grounds as the regulations of the
Secretary of Health may require.
24
PS 1421 Powers and duties of the Secretary of Health and of the Superintendent
of Public Instruction; rules and regulations
(a) The technical content
of the medical, dental, nursing and sanitary portions of the school health
program shall be prescribed by and under the general direction of the Secretary
of Health who shall-
1. Approve all
appointments of school physicians and school dentists and prescribe their
duties and formulate and prescribe standards for medical technicians and
sanitary officers for employment in the school health program.
2. Suggest or recommend
to the State Board of Education standards of qualification for school nurses
and dental hygienists for employment by a school district or joint school board
in the school health services program and advise school administrators on
matters connected with carrying out the school health program.
(b) The administration
and supervision of the educational and teaching aspects of the program shall be
the responsibility of the Superintendent of Public Instruction who shall-
1. Approve certification
of school nurses and dental hygienists for employment by a school district or
joint school board and administer and direct their services and program: provided, that the services of school nurses and dental hygienists
shall be utilized exclusively in connection with medical and dental
examinations and associated health activities.
2. Advise the Secretary
of Health and school physicians and school dentists on matters pertaining to
the educational impact of the school health services program.
(c) The Secretary of
Health and the Superintendent of Public Instruction, after consultation shall-
1. Adopt such records and
report forms as will facilitate the efficient operation, administration and
comprehensive evaluation of the school health program.
2. Adopt and enforce
rules and regulations for the school health program not inconsistent with the
provisions of this act.
24
PS 1422 Advisory health councils
District superintendents
may set up advisory health councils to study health needs and to assist in
organizing follow-up programs. An advisory health council shall be composed of
representatives of the medical and dental associations, social organizations,
veterans' organizations, parent-teacher associations, service clubs and other
organizations in the area served. Those making the medical and
dental examinations shall make to this advisory council an annual report, and
later a report on the remedial work which has been accomplished during the
school year.
EXCUSALS
FROM PUBLIC SCHOOL ATTENDANCE
22 Pa Code 11.31 Pupils
not enrolled in public schools due to private tutoring
(a) Private tutoring by a properly qualified tutor shall be subject to the
annual approval of the district superintendent of schools. The instruction
shall include for elementary school level students: English, including
spelling, reading and writing, arithmetic, geography, the history of the United
States and Pennsylvania, science, civics, including loyalty to the State and
National Government, safety education, and the humane treatment of birds and
animals, health, including physical education and physiology, music and art.
For secondary school level students, the instruction shall include: art, English,
health, mathematics, music, physical education, science and social studies,
including
(b) The superintendent's
approval of the tutor shall be by acceptable evidence of the tutor's ability to
teach the program to the pupil and by written assurance from the parent that
the instructional requirements listed in this section shall be met. If approval
is granted, the superintendent may afterwards also require evidence deemed
necessary to demonstrate that the pupil is making satisfactory progress in the
tutoring program and that the required subjects are being taught for the time
prescribed.
Taken from www.pde.state.pa.us