SENATE
BILL 154 P.N. 2540 HOUSE AMENDED
PRIOR PRINTER'S NOS. 159, 596,
2441, PRINTER'S NO. 2540
2509
THE
GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE
BILL
No.
154 Session of 1987
INTRODUCED BY MADIGAN, HESS, JUBELIRER,
RHOADES, REIBMAN,
FISHER, AFFLERBACH, ANDREZESKI,
ARMSTRONG, CORMAN, JONES,
LEWIS, MUSTO, ROSS, SALVATORE,
STAPLETON, STOUT, WILLIAMS AND
LEMMOND, JANUARY 15, 1987
AS AMENDED ON THIRD CONSIDERATION,
HOUSE OF REPRESENTATIVES,
NOVEMBER 22, 1988
AN ACT
1 Amending the act of March 10,
1949 (P.L.30, No.14), entitled "An
2
act relating to the public school system, including certain
3
provisions applicable as well to private and parochial
4
schools; amending, revising, consolidating and changing the
5
laws relating thereto," increasing reimbursement for school <--
6
building construction; and making editorial changes. FURTHER <--
7
PROVIDING FOR HOME EDUCATION AND TUTORIAL PROGRAMS AND FOR <--
8
THE SALE
OF UNUSED AND UNNECESSARY LANDS AND BUILDINGS.
9
The General Assembly of the Commonwealth
of Pennsylvania
10
hereby enacts as follows:
11
Section 1. Section 2574(e) of the
act of March 10, 1949 <--
12
(P.L.30, No.14), known as the Public School Code of 1949,
13
amended June 12, 1968 (P.L.192, No.96), is amended and
14
subsections (b) and (c) are amended by adding clauses to read:
15
Section 2574. Approved Reimbursable
Rental for Leases
16
Hereafter Approved and Approved Reimbursable Sinking Fund
17
Charges on Indebtedness.--* * *
18
(b) For new school buildings the
approved building
1
construction cost shall be the lesser of
2 * * *
3
(3.1) For school buildings for
which the general
4
construction contract is awarded subsequent to July 1, 1984, and
5
for approved school building projects for which the general
6
construction contract was awarded but for which a lease or
7
general obligation bond resolution was not approved by the
8
Department of Education prior to July 1, 1984, the product of
9
the rated pupil capacity as determined by the Department of
10
Education at the time the project is approved and (i) five
11
thousand five hundred dollars ($5,500) in the case of elementary
12
schools, (ii) seven thousand two hundred dollars ($7,200) in the
13
case of secondary schools, (iii) an amount in the case of
14
combined elementary-secondary schools obtained by multiplying
15
the rated elementary pupil capacity by five thousand five
16
hundred dollars ($5,500) and the rated secondary pupil capacity
17
by seven thousand two hundred dollars ($7,200) and dividing the
18
sum by the total rated pupil capacity.
19
(c) For additions or alterations
to existing buildings
20
approved building construction cost shall be the lesser of
21
* * *
22
(3.1) For school buildings for
which the general
23
construction contract is awarded subsequent to July 1, 1984, and
24
for approved school building projects for which the general
25
construction contract was awarded but for which a lease or
26
general obligation bond resolution was not approved by the
27
Department of Education prior to July 1, 1984, the difference
28
obtained by subtracting the appraisal value of the existing
29
building from the product of the rated pupil capacity of the
30
altered or expanded building as determined by the Department of
19870S0154B2540 - 2 -
1
Education at the time the project is approved and (i) five
2
thousand five hundred dollars ($5,500) in the case of elementary
3
schools, (ii) seven thousand two hundred dollars ($7,200) in the
4
case of secondary schools, (iii) an amount in the case of
5
combined elementary-secondary schools obtained by multiplying
6
the rated elementary pupil capacity by five thousand five
7
hundred dollars ($5,500) and the rated secondary pupil capacity
8
by seven thousand two hundred dollars ($7,200) and dividing the
9
sum by the total rated pupil capacity of the altered or expanded
10
building.
11
* * *
12
(e) For area vocational-technical
school and technical
13
institute projects leased subsequent to July 1, 1964, by or for
14
lease to a board of school directors authorized to operate such
15 a
school, the Department of [Public Instruction] Education shall
16
calculate an approved reimbursable rental charge.
17
For area vocational-technical school and technical institute
18 projects
constructed or purchased subsequent to July 1, 1964, by
19 a
board of school directors authorized to operate such a school,
20
the Department of [Public Instruction] Education may calculate
21
an approved reimbursable sinking fund charge.
22
Approved reimbursable rental or sinking fund charge shall
23
consist of that part of the annual rental or sinking fund
24
attributable to:
25
(1) Cost of acquiring land and
preparing it for use to the
26
extent that such costs are deemed reasonable by the Department
27
of [Public Instruction] Education and the interest on such cost
28
of acquisition, cost of preparation and the cost of sewage
29
treatment and the interest on such costs.
30
(2) Machinery, apparatus,
furniture and equipment and all
19870S0154B2540 - 3 -
1
other necessary expenses and interest charges, but excluding
2
architects' fees in excess of six percent of the construction
3
cost.
4
The approved building construction cost and the interest on
5
such construction cost shall not exceed the product of the rated
6
full-time pupil capacity, as determined by the Department of
7
[Public Instruction] Education at the time the project is
8
approved and two thousand two hundred dollars ($2,200).
9
The provisions of the foregoing paragraph shall apply to all
10
school building projects for which the general construction
11 contract
is awarded prior to July 1, 1966, and for approved
12
school building projects for which a lease was approved by the
13
Department of [Public Instruction] Education prior to July 1,
14
1966. For school buildings for which the general construction
15
contract is awarded subsequent to July 1, 1966, and for approved
16
school building projects for which the general construction
17
contract was awarded but for which a lease was not approved by
18
the Department of [Public Instruction] Education prior to July
19
1, 1966, the approved building construction cost and the
20
interest on such construction cost shall not exceed the product
21
of the rated full-time pupil capacity, as determined by the
22 Department
of [Public Instruction] Education at the time the
23
project is approved, and three thousand seven hundred dollars
24
($3700).
25
For school buildings for which the general construction
26
contract is awarded subsequent to July 1, 1984, and for approved
27
school building projects for which the general construction
28
contract was awarded but for which a lease or general obligation
29
bond resolution was not approved by the Department of Education
30
prior to July 1, 1984, the approved building construction cost
19870S0154B2540 - 4 -
1
and the interest on such construction cost shall not exceed the
2
product of the rated full-time pupil capacity, as determined by
3 the
Department of Education at the time the project is approved,
4
and eight thousand nine hundred dollars ($8,900).
5
The Department of [Public Instruction] Education shall not
6
approve the expenditure of any funds borrowed or obtained by the
7
sale of bonds by any authority, nonprofit corporation, profit
8
corporation, company or individual for construction of area
9
vocational-technical schools or technical institutes for
10
bleachers, athletic field, lighting equipment or apparatus used
11
to promote and conduct interscholastic athletics.
12
* * *
13
Section 2. The Commonwealth shall
be obligated to reimburse
14
school districts at the rates provided for in section 1 of this
15
amendatory act only for payments due on or after July 1, 1987.
16
In no event shall school districts be entitled to increased
17
reimbursements as a result of this amendatory act for payments
18 made by the Commonwealth between July 1, 1984,
and June 30,
19
1987.
20
Section 3. This act shall take
effect July 1, 1987.
21
SECTION 1. SECTION 1327(A) OF THE
ACT OF MARCH 10, 1949 <--
22
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
23
SECTION 1. SECTION 707(8) OF THE
ACT OF MARCH 10, 1949 <--
24
(P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
25
AMENDED JULY 31, 1968 (P.L.796, NO.242), IS AMENDED TO READ:
26
SECTION 707. SALE OF UNUSED AND UNNECESSARY LANDS AND
27
BUILDINGS.--THE BOARD OF SCHOOL DIRECTORS OF ANY DISTRICT IS
28
HEREBY VESTED WITH THE NECESSARY POWER AND AUTHORITY TO SELL
29
UNUSED AND UNNECESSARY LANDS AND BUILDINGS, BY ANY OF THE
30
FOLLOWING METHODS AND SUBJECT TO THE FOLLOWING PROVISIONS:
19870S0154B2540 - 5 -
1
* * *
2
(8) NOTWITHSTANDING THE FOREGOING
PROVISIONS OF THIS
3
SECTION, ANY SCHOOL DISTRICT OF THE SECOND,
THIRD OR FOURTH
4
CLASS, UPON APPROVAL OF TWO-THIRDS (2/3) OF THE MEMBERS OF THE
5
BOARD OF SCHOOL DIRECTORS OF SUCH DISTRICT, MAY CONVEY ANY
6
UNUSED AND UNNECESSARY LANDS AND BUILDINGS OF THE DISTRICT TO
7
THE CITY, BOROUGH, TOWN OR TOWNSHIP, THE BOUNDARIES OF WHICH ARE
8
COTERMINOUS WITH OR WITHIN THOSE OF THE DISTRICT OR A VOLUNTEER
9
FIRE COMPANY, VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER RESCUE
10
SQUAD LOCATED WITHIN THE DISTRICT, WITHOUT CONSIDERATION, OR FOR
11
SUCH CONSIDERATION AND ON SUCH TERMS OF EXCHANGE OR OTHERWISE AS
12
MAY BE AGREED UPON, WITHOUT FIRST COMPLYING WITH THE
13
REQUIREMENTS OF THE FOREGOING PROVISIONS OF THIS SECTION.
14
ALL SUCH CONVEYANCES TO A CITY, BOROUGH, TOWN OR TOWNSHIP
15
SHALL CONTAIN A CLAUSE WHEREBY THE LANDS AND BUILDINGS WILL
16
REVERT TO THE SCHOOL DISTRICT IF THEY
ARE NO LONGER BEING USED
17
FOR MUNICIPAL OR AUTHORITY PURPOSES[.], WITH THE FOLLOWING
18
EXCEPTION. IF THE LANDS AND BUILDINGS ACQUIRED FROM A FORMER
19 SCHOOL DISTRICT ARE CONVEYED TO A CITY, BOROUGH, TOWN OR
20
TOWNSHIP, THE BOUNDARIES OF WHICH ARE COTERMINOUS WITH OR WITHIN
21
THOSE OF THE FORMER
SCHOOL DISTRICT, THE
CONVEYANCE NEED NOT
22 CONTAIN
A REVERTER CLAUSE. HOWEVER, ALL CONVEYANCES TO A
23
VOLUNTEER FIRE COMPANY, VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER
24
RESCUE SQUAD SHALL CONTAIN A CLAUSE WHEREBY THE LANDS AND
25
BUILDINGS WILL REVERT TO THE SCHOOL DISTRICT
IF THEY ARE NO
26
LONGER BEING USED FOR FIRE, AMBULANCE OR RESCUE SERVICES.
27
* * *
28
SECTION 2. SECTION 1327(A) OF THE
ACT, AMENDED DECEMBER 15,
29
1986 (P.L.1602, NO.178), IS AMENDED AND THE SECTION IS AMENDED
30 BY
ADDING A SUBSECTION TO READ:
19870S0154B2540 - 6 -
1
SECTION 1327. COMPULSORY SCHOOL
ATTENDANCE.--(A) EXCEPT AS
2
HEREINAFTER PROVIDED, EVERY CHILD OF COMPULSORY SCHOOL AGE
3
HAVING A LEGAL RESIDENCE IN THIS COMMONWEALTH, AS PROVIDED IN
4
THIS ARTICLE, AND EVERY MIGRATORY CHILD OF COMPULSORY SCHOOL
5
AGE, IS REQUIRED TO ATTEND A DAY SCHOOL IN WHICH THE SUBJECTS
6
AND ACTIVITIES PRESCRIBED BY THE STANDARDS OF THE STATE BOARD OF
7
EDUCATION ARE TAUGHT IN THE ENGLISH LANGUAGE. IN LIEU OF SUCH
8
SCHOOL ATTENDANCE, ANY CHILD FIFTEEN YEARS OF AGE WITH THE
9
APPROVAL OF THE DISTRICT SUPERINTENDENT AND THE APPROVAL OF THE
10
SECRETARY OF EDUCATION, AND ANY CHILD SIXTEEN YEARS OF AGE WITH
11
THE APPROVAL OF THE DISTRICT SUPERINTENDENT OF SCHOOLS, MAY
12
ENROLL AS A DAY STUDENT IN A PRIVATE
TRADE SCHOOL OR IN A
13 PRIVATE BUSINESS SCHOOL
LICENSED BY THE DEPARTMENT OF EDUCATION,
14
OR IN A TRADE OR BUSINESS SCHOOL, OR DEPARTMENT OPERATED BY A
15 LOCAL SCHOOL
DISTRICT OR DISTRICTS. SUCH MODIFIED PROGRAM
16
OFFERED IN A PUBLIC SCHOOL MUST MEET THE STANDARDS PRESCRIBED BY
17
THE STATE BOARD OF EDUCATION OR THE STATE BOARD FOR VOCATIONAL
18
EDUCATION. EXCEPT AS HEREINAFTER PROVIDED, EVERY PARENT,
19
GUARDIAN, OR OTHER PERSON HAVING CONTROL OR CHARGE OF ANY CHILD
20
OR CHILDREN OF COMPULSORY SCHOOL AGE IS REQUIRED TO SEND SUCH
21 CHILD
OR CHILDREN TO A DAY SCHOOL IN WHICH THE SUBJECTS AND
22
ACTIVITIES PRESCRIBED BY THE STANDARDS OF THE STATE BOARD OF
23
EDUCATION ARE TAUGHT IN THE ENGLISH LANGUAGE. SUCH PARENT,
24
GUARDIAN, OR OTHER PERSON HAVING CONTROL OR CHARGE OF ANY CHILD
25
OR CHILDREN, FIFTEEN OR SIXTEEN YEARS OF AGE, IN ACCORDANCE WITH
26
THE PROVISIONS OF THIS ACT, MAY SEND SUCH CHILD OR CHILDREN TO A
27 PRIVATE TRADE SCHOOL
OR PRIVATE BUSINESS SCHOOL
LICENSED BY THE
28
DEPARTMENT OF EDUCATION, OR TO A TRADE OR BUSINESS SCHOOL, OR
29
DEPARTMENT OPERATED BY A LOCAL
SCHOOL DISTRICT OR
DISTRICTS.
30
SUCH MODIFIED PROGRAM OFFERED IN A PUBLIC SCHOOL MUST MEET THE
19870S0154B2540 - 7 -
1
STANDARDS PRESCRIBED BY THE STATE BOARD OF EDUCATION OR THE
2
STATE BOARD FOR VOCATIONAL EDUCATION. SUCH CHILD OR CHILDREN
3
SHALL ATTEND SUCH SCHOOL CONTINUOUSLY THROUGH THE ENTIRE TERM,
4
DURING WHICH THE PUBLIC SCHOOLS IN THEIR RESPECTIVE DISTRICTS
5 SHALL BE IN SESSION, OR IN
CASES OF CHILDREN OF MIGRANT LABORERS
6
DURING THE TIME THE SCHOOLS ARE IN SESSION IN THE DISTRICTS IN
7
WHICH SUCH CHILDREN ARE TEMPORARILY DOMICILED. THE FINANCIAL
8
RESPONSIBILITY FOR THE EDUCATION OF SUCH CHILDREN OF MIGRANT
9
LABORERS SHALL REMAIN WITH THE SCHOOL DISTRICT
IN WHICH SUCH
10
CHILDREN OF MIGRANT LABORERS ARE TEMPORARILY DOMICILED; EXCEPT
11
IN THE CASE OF SPECIAL
SCHOOLS OR CLASSES
CONDUCTED BY AN
12
INTERMEDIATE UNIT AND APPROVED BY THE DEPARTMENT OF EDUCATION OR
13
CONDUCTED BY THE DEPARTMENT OF EDUCATION. THE CERTIFICATE OF ANY
14
PRINCIPAL OR TEACHER OF A PRIVATE SCHOOL, OR OF ANY INSTITUTION
15 FOR
THE EDUCATION OF CHILDREN, IN WHICH THE SUBJECTS AND
16
ACTIVITIES PRESCRIBED BY THE STANDARDS OF THE STATE BOARD OF
17
EDUCATION ARE TAUGHT IN THE ENGLISH LANGUAGE, SETTING FORTH THAT
18
THE WORK OF SAID SCHOOL IS IN COMPLIANCE WITH THE PROVISIONS OF
19
THIS ACT, SHALL BE SUFFICIENT AND SATISFACTORY EVIDENCE THEREOF.
20
REGULAR DAILY INSTRUCTION IN THE ENGLISH LANGUAGE, FOR THE TIME
21
HEREIN REQUIRED, BY A PROPERLY QUALIFIED PRIVATE TUTOR, SHALL BE
22
CONSIDERED AS COMPLYING WITH THE PROVISIONS OF THIS SECTION[, IF
23
SUCH INSTRUCTION IS SATISFACTORY TO THE PROPER DISTRICT
24
SUPERINTENDENT OF SCHOOLS]. FOR THE PURPOSES OF THIS SECTION,
25
"PROPERLY QUALIFIED PRIVATE TUTOR" SHALL MEAN A PERSON WHO IS
26
CERTIFIED BY THE COMMONWEALTH
OF PENNSYLVANIA TO TEACH
IN THE
27
PUBLIC SCHOOLS OF PENNSYLVANIA;
WHO IS TEACHING ONE OR MORE
28
CHILDREN WHO ARE MEMBERS OF A SINGLE FAMILY; WHO PROVIDES THE
29
MAJORITY OF THE INSTRUCTION TO SUCH CHILD OR CHILDREN; AND WHO
30
IS RECEIVING A FEE OR OTHER CONSIDERATION FOR SUCH INSTRUCTIONAL
19870S0154B2540 - 8 -
1
SERVICES. NO PERSON WHO WOULD BE DISQUALIFIED FROM SCHOOL
2
EMPLOYMENT BY THE PROVISIONS OF SUBSECTION (E) OF SECTION 111
3
MAY BE A PRIVATE TUTOR, AS PROVIDED FOR IN THIS SECTION. THE
4
PRIVATE TUTOR MUST FILE A COPY OF HIS PENNSYLVANIA CERTIFICATION
5
AND THE REQUIRED CRIMINAL HISTORY RECORD WITH THE STUDENT'S
6
DISTRICT OF RESIDENCE SUPERINTENDENT.
7
* * *
8
(D) INSTRUCTION TO CHILDREN OF
COMPULSORY SCHOOL AGE
9
PROVIDEDIN A HOME EDUCATION PROGRAM, AS PROVIDED FOR
IN SECTION
10
1327.1 OF THIS ACT, SHALL BE CONSIDERED AS COMPLYING WITH THE
11 PROVISIONS
OF THIS SECTION, EXCEPT THAT ANY STUDENT WHO HAS BEEN
12
IDENTIFIED PURSUANT TO THE PROVISIONS OF THE EDUCATION OF THE
13
HANDICAPPED ACT (PUBLIC LAW 91-230, 20 U.S.C. § 1401 ET SEQ.) AS
14
NEEDING SPECIAL EDUCATION SERVICES, EXCLUDING THOSE STUDENTS
15
IDENTIFIED AS GIFTED AND/OR TALENTED, SHALL BE IN COMPLIANCE
16
WITH THE REQUIREMENTS OF COMPULSORY ATTENDANCE BY PARTICIPATING
17
IN A HOME EDUCATION PROGRAM, AS DEFINED IN SECTION 1327.1, WHEN
18
THE PROGRAM ADDRESSES THE SPECIFIC NEEDS OF THE EXCEPTIONAL
19
STUDENT AND IS APPROVED BY A TEACHER WITH A VALID CERTIFICATE
20
FROM THE COMMONWEALTH TO TEACH SPECIAL EDUCATION OR A LICENSED
21
CLINICAL OR CERTIFIED SCHOOL PSYCHOLOGIST, AND WRITTEN
22
NOTIFICATION OF SUCH APPROVAL IS SUBMITTED WITH THE NOTARIZED
23
AFFIDAVIT REQUIRED UNDER SECTION 1327.1(B). THE SUPERVISOR OF A
24
HOME EDUCATION PROGRAM MAY REQUEST THAT THE SCHOOL
DISTRICT OR
25
INTERMEDIATE UNIT OF RESIDENCE PROVIDE SERVICES THAT ADDRESS THE
26
SPECIFIC NEEDS OF THE EXCEPTIONAL STUDENT IN THE HOME EDUCATION
27
PROGRAM. WHEN THE PROVISION OF SERVICES IS AGREED TO BY BOTH THE
28
SUPERVISOR AND THE SCHOOL DISTRICT OR
INTERMEDIATE UNIT, ALL
29
SERVICES SHALL BE PROVIDED IN THE PUBLIC SCHOOLS OR IN A PRIVATE
30
SCHOOL LICENSED TO PROVIDE SUCH PROGRAMS AND SERVICES.
19870S0154B2540 - 9 -
1
SECTION 2 3. THE ACT IS
AMENDED BY ADDING A SECTION TO READ:
<--
2
SECTION 1327.1. HOME EDUCATION
PROGRAM.--(A) THE FOLLOWING
3
WORDS AND PHRASES WHEN USED IN THIS SECTION SHALL HAVE THE
4
MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
5
"APPROPRIATE EDUCATION" SHALL MEAN A
PROGRAM CONSISTING OF <--
6
INSTRUCTION IN THE REQUIRED SUBJECTS FOR THE TIME REQUIRED IN
7
THIS ACT AND IN WHICH THE STUDENT DEMONSTRATES SUSTAINED
8
PROGRESS IN EACH SUBJECT. THE OVERALL PROGRAM. <--
9
"HEARING EXAMINER" SHALL NOT BE AN OFFICER, EMPLOYE OR AGENT
10
OF THE DEPARTMENT OF EDUCATION OR OF THE SCHOOL
DISTRICT OR
11
INTERMEDIATE UNIT OF RESIDENCE OF THE CHILD IN THE HOME
12
EDUCATION PROGRAM.
13
"HOME EDUCATION PROGRAM" SHALL MEAN A
PROGRAM CONDUCTED, IN
14
COMPLIANCE WITH THIS SECTION, BY THE PARENT OR GUARDIAN OR SUCH
15
PERSON HAVING LEGAL CUSTODY OF THE CHILD OR CHILDREN.
16
"SUPERVISOR" SHALL MEAN THE PARENT OR GUARDIAN OR SUCH PERSON
17
HAVING LEGAL CUSTODY OF THE CHILD OR CHILDREN WHO SHALL BE
18
RESPONSIBLE FOR THE PROVISION OF INSTRUCTION, PROVIDED THAT SUCH <--
19
PERSON HAS A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.
20
(B) THE REQUIREMENTS CONTAINED IN
SECTIONS 1511 AND 1511.1,
21
EXCEPT AS PROVIDED FOR IN THIS SECTION, AND SECTION 1605 SHALL
22
NOT APPLY TO HOME EDUCATION PROGRAMS. A HOME EDUCATION PROGRAM
23
SHALL NOT BE CONSIDERED A NONPUBLIC
SCHOOL UNDER THE
PROVISIONS
24
OF THIS ACT.
25
(1) A NOTARIZED AFFIDAVIT OF THE
PARENT OR GUARDIAN OR OTHER
26
PERSON HAVING LEGAL CUSTODY OF THE CHILD OR CHILDREN, FILED
27
PRIOR TO THE COMMENCEMENT OF THE HOME EDUCATION PROGRAM AND
28
ANNUALLY THEREAFTER ON AUGUST 1 WITH THE SUPERINTENDENT OF THE
29 SCHOOL DISTRICT OF RESIDENCE
AND WHICH SETS FORTH: THE NAME OF
30
THE SUPERVISOR OF THE HOME EDUCATION PROGRAM WHO SHALL BE
19870S0154B2540 - 10 -
1
RESPONSIBLE FOR THE PROVISION OF INSTRUCTION; THE NAME AND AGE
2 OF
EACH CHILD WHO SHALL PARTICIPATE IN THE HOME EDUCATION
3
PROGRAM; THE ADDRESS AND TELEPHONE NUMBER OF THE HOME EDUCATION
4
PROGRAM SITE; THAT SUCH SUBJECTS AS REQUIRED BY LAW ARE
OFFERED
5
IN THE ENGLISH LANGUAGE, INCLUDING AN OUTLINE OF PROPOSED
6
EDUCATION OBJECTIVES BY SUBJECT AREA; EVIDENCE THAT THE CHILD
7
HAS BEEN IMMUNIZED IN ACCORDANCE WITH THE PROVISIONS OF SECTION
8
1303(A) AND HAS RECEIVED THE HEALTH AND MEDICAL SERVICES
9
REQUIRED FOR STUDENTS OF THE CHILD'S AGE OR GRADE LEVEL IN
10
ARTICLE XIV; AND THAT THE HOME EDUCATION PROGRAM SHALL COMPLY
11
WITH THE PROVISIONS OF THIS SECTION AND THAT THE NOTARIZED
12
AFFIDAVIT SHALL BE SATISFACTORY EVIDENCE THEREOF. THE REQUIRED
13
OUTLINE OF PROPOSED EDUCATION OBJECTIVES SHALL NOT BE UTILIZED
14
BY THE SUPERINTENDENT IN DETERMINING IF THE HOME EDUCATION
15
PROGRAM IS OUT OF COMPLIANCE WITH THIS SECTION AND SECTION 1327.
16
THE AFFIDAVIT SHALL CONTAIN A CERTIFICATION TO BE SIGNED BY THE
17
SUPERVISOR THAT THE SUPERVISOR, ALL ADULTS LIVING IN THE HOME
18
AND PERSONS HAVING LEGAL CUSTODY OF A CHILD OR CHILDREN IN A
19 HOME EDUCATION PROGRAM HAVE NOT BEEN CONVICTED OF THE
CRIMINAL
20
OFFENSES ENUMERATED IN SUBSECTION (E) OF SECTION 111 WITHIN FIVE
21
YEARS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT DATE <--
22
OF THE AFFIDAVIT.
23
(2) IN THE EVENT THE HOME
EDUCATION PROGRAM SITE IS
24
RELOCATING TO ANOTHER SCHOOL DISTRICT WITHIN
THIS COMMONWEALTH
25
DURING THE COURSE OF THE PUBLIC SCHOOL TERM OR PRIOR TO THE
26
OPENING OF THE PUBLIC SCHOOL TERM IN THE FALL, THE SUPERVISOR OF
27
THE HOME EDUCATION PROGRAM MUST APPLY, BY REGISTERED MAIL,
28
THIRTY (30) DAYS PRIOR TO THE RELOCATION, TO THE SUPERINTENDENT
29
OF THE DISTRICT IN WHICH HE OR SHE CURRENTLY RESIDES, REQUESTING
30 A
LETTER OF TRANSFER FOR THE HOME EDUCATION PROGRAM TO THE
19870S0154B2540 - 11 -
1
DISTRICT TO WHICH THE HOME EDUCATION PROGRAM IS RELOCATING. THE
2
CURRENT SUPERINTENDENT OF RESIDENCE MUST ISSUE THE LETTER OF
3
TRANSFER THIRTY (30) DAYS AFTER RECEIPT OF THE REGISTERED MAIL
4
REQUEST OF THE HOME EDUCATION PROGRAM SUPERVISOR.
5
(I) IF THE HOME EDUCATION PROGRAM
IS NOT IN COMPLIANCE WITH
6
THE PROVISIONS OF THIS SECTION, THE SUPERINTENDENT OF THE
7
CURRENT DISTRICT OF RESIDENCE MUST INFORM THE HOME EDUCATION
8
SUPERVISOR AND THE SUPERINTENDENT OF THE DISTRICT TO WHICH THE
9
HOME EDUCATION PROGRAM IS RELOCATING THE STATUS OF THE HOME
10
EDUCATION PROGRAM AND THE REASON FOR THE DENIAL OF THE LETTER OF
11
TRANSFER.
12
(II) IF THE HOME EDUCATION
PROGRAM IS IN DUE PROCESS HEARING <--
13 PROCEDURES, AS CONTAINED IN
THIS SECTION, THE SUPERINTENDENT OF
14
THE CURRENT DISTRICT OF RESIDENCE MUST INFORM THE HOME EDUCATION
15
SUPERVISOR, THE HEARING OFFICER, THE ASSIGNED HEARING
EXAMINER <--
16
AND THE SUPERINTENDENT OF THE DISTRICT TO WHICH THE HOME
17
EDUCATION PROGRAM IS RELOCATING THE STATUS OF THE HOME EDUCATION
18
PROGRAM AND THE REASON FOR THE DENIAL OF THE LETTER OF TRANSFER.
19
(III) UPON RECEIPT OF THE LETTER
FROM THE CURRENT DISTRICT <--
20 OF RESIDENCE SUPERINTENDENT,
THE HEARING OFFICER WILL HAVE
21
FIFTEEN (15) DAYS TO RENDER A DECISION ON THE CURRENT PROCEEDING
22
AND NOTIFY THE HOME EDUCATION PROGRAM SUPERVISOR, THE CURRENT
23
DISTRICT OF RESIDENCE SUPERINTENDENT AND THE SUPERINTENDENT OF
24
THE DISTRICT TO WHICH THE HOME EDUCATION PROGRAM IS RELOCATING.
25
THE HEARING OFFICER MAY CLOSE THE PROCEEDINGS AND FORWARD ANY
26
FINDINGS TO THE HOME EDUCATION PROGRAM SUPERVISOR, THE CURRENT
27
DISTRICT OF RESIDENCE SUPERINTENDENT, THE SUPERINTENDENT OF THE
28
DISTRICT TO WHICH THE HOME EDUCATION PROGRAM IS RELOCATING AND
29
THE DEPARTMENT OF EDUCATION. ANY OTHER DETERMINATION BY THE
30
HEARING OFFICER MUST BE FORWARDED TO THE SAME INDIVIDUALS AND
19870S0154B2540 - 12 -
1
ORGANIZATION AS SET FORTH IN
PROCEEDINGS WHICH ARE CLOSED.
2
(3) THE LETTER OF TRANSFER,
REQUIRED BY CLAUSE (2), MUST BE
3
FILED BY THE SUPERVISOR OF THE HOME EDUCATION PROGRAM WITH THE
4
SUPERINTENDENT OF THE NEW DISTRICT OF RESIDENCE. IN THE CASE OF
5
PENDING PROCEEDINGS, THE NEW DISTRICT OF RESIDENCE
6
SUPERINTENDENT SHALL CONTINUE THE HOME EDUCATION PROGRAM UNTIL
7
THE APPEAL PROCESS IS FINALIZED.
8
(C) A CHILD WHO IS ENROLLED IN A
HOME EDUCATION PROGRAM AND
9
WHOSE EDUCATION IS THEREFORE UNDER THE DIRECT SUPERVISION OF HIS
10
PARENT, GUARDIAN OR OTHER PERSON HAVING LEGAL CUSTODY SHALL BE
11
DEEMED TO HAVE MET THE REQUIREMENTS OF SECTION 1327
IF THAT HOME
12
EDUCATION PROGRAM PROVIDES A MINIMUM OF ONE HUNDRED EIGHTY (180)
13
DAYS OF INSTRUCTION OR NINE HUNDRED (900) HOURS OF INSTRUCTION
14
PER YEAR AT THE ELEMENTARY LEVEL, OR NINE HUNDRED NINETY (990)
15 HOURS
PER YEAR AT THE SECONDARY LEVEL:
16
(1) AT THE
ELEMENTARY SCHOOL LEVEL, THE FOLLOWING COURSES
17
SHALL BE TAUGHT: ENGLISH, TO INCLUDE SPELLING, READING AND
18
WRITING; ARITHMETIC; SCIENCE; GEOGRAPHY; HISTORY OF THE UNITED
19 STATES
AND PENNSYLVANIA;
CIVICS; SAFETY EDUCATION, INCLUDING
20
REGULAR AND CONTINUOUS INSTRUCTION IN THE DANGERS AND PREVENTION
21
OF FIRES; HEALTH AND PHYSIOLOGY; PHYSICAL EDUCATION; MUSIC; AND
22
ART.
23
(2) AT THE
SECONDARY SCHOOL LEVEL, THE FOLLOWING COURSES
24
SHALL BE TAUGHT: ENGLISH, TO INCLUDE LANGUAGE, LITERATURE,
25
SPEECH AND COMPOSITION; SCIENCE; GEOGRAPHY; SOCIAL STUDIES, TO
26
INCLUDE CIVICS, WORLD HISTORY, HISTORY OF THE UNITED STATES AND
27 PENNSYLVANIA;
MATHEMATICS, TO INCLUDE GENERAL MATHEMATICS,
28
ALGEBRA AND GEOMETRY; ART; MUSIC; PHYSICAL EDUCATION; HEALTH;
29
AND SAFETY EDUCATION, INCLUDING REGULAR AND CONTINUOUS
30
INSTRUCTION IN THE DANGERS AND PREVENTION OF FIRES. SUCH COURSES
19870S0154B2540 - 13 -
1
OF STUDY MAY INCLUDE, AT THE DISCRETION OF THE SUPERVISOR OF THE
2
HOME EDUCATION PROGRAM, ECONOMICS; BIOLOGY; CHEMISTRY; FOREIGN
3
LANGUAGES; TRIGONOMETRY; OR OTHER AGE APPROPRIATE COURSES AS
4
CONTAINED IN CHAPTER 5 (CURRICULUM REQUIREMENTS) OF THE STATE
5
BOARD OF EDUCATION.
6
(D) THE
FOLLOWING MINIMUM COURSES IN GRADES NINE THROUGH <--
7
TWELVE ARE ESTABLISHED AS A REQUIREMENT
FOR HIGH
SCHOOL
8 GRADUATION
IN A HOME EDUCATION PROGRAM:
9
(1) FOUR YEARS OF ENGLISH.
10
(2) THREE YEARS OF MATHEMATICS.
11
(3) THREE YEARS OF SCIENCE.
12
(4) THREE YEARS OF SOCIAL
STUDIES.
13
(5) TWO YEARS OF ARTS AND
HUMANITIES.
14
(D) THE FOLLOWING MINIMUM COURSES
IN GRADES NINE THROUGH <--
15
TWELVE ARE ESTABLISHED AS A REQUIREMENT FOR GRADUATION IN A HOME
16
EDUCATION PROGRAM:
17
(1) FOUR YEARS OF ENGLISH.
18
(2) THREE YEARS OF MATHEMATICS.
19
(3) THREE YEARS OF SCIENCE.
20
(4) THREE YEARS OF SOCIAL
STUDIES.
21
(5) TWO YEARS OF ARTS AND
HUMANITIES.
22
(E) (D) (E) IN ORDER TO
DEMONSTRATE THAT APPROPRIATE
<--
23
EDUCATION IS OCCURRING, THE SUPERVISOR OF THE HOME EDUCATION
24
PROGRAM SHALL PROVIDE AND MAINTAIN ON FILE THE FOLLOWING
25
DOCUMENTATION FOR EACH STUDENT ENROLLED IN THE HOME SCHOOL <--
26
EDUCATION PROGRAM:
27
(1) A PORTFOLIO OF RECORDS AND
MATERIALS. THE PORTFOLIO <--
28
SHALL CONSIST OF A LOG, MADE CONTEMPORANEOUSLY WITH THE
29
INSTRUCTION, WHICH DESIGNATES BY TITLE THE READING MATERIALS
30
USED, AND SAMPLES OF ANY WRITINGS, WORKSHEETS, WORKBOOKS OR
19870S0154B2540 - 14 -
1
CREATIVE MATERIALS USED OR DEVELOPED BY THE STUDENT. AND EITHER
2
(I) RESULTS OF STANDARDIZED
ACHIEVEMENT TESTS, COMPLETED BY
3
THE STUDENT WHICH THE SUPERVISOR SHALL ANNUALLY PROVIDE FOR; OR
4
(2) RESULTS OF STANDARDIZED
ACHIEVEMENT TESTS AND/OR STATE
5
TESTS, THE SAME AS THOSE TAKEN BY STUDENTS OF THE SAME GRADE
6
LEVEL IN THE SCHOOL
DISTRICT OF RESIDENCE.
THE SUPERINTENDENT OF
7
THE SCHOOL DISTRICT
OF RESIDENCE SHALL NOTIFY
THE SUPERVISOR OF
8
THE HOME EDUCATION PROGRAM OF THE DATE OF THE TESTS. THE TESTS
9
SHALL BE ADMINISTERED BY THE SCHOOL
DISTRICT OF RESIDENCE
OR BY
10 A
PERSON AUTHORIZED BY THE SUPERINTENDENT OF SCHOOLS: PROVIDED,
11
THAT THE CHILD'S PARENT OR GUARDIAN SHALL NOT ADMINISTER SUCH
12
TESTS. IF THE SUPERVISOR SO CHOOSES, TESTS NEED NOT BE
13
ADMINISTERED BY OR IN THE PUBLIC SCHOOLS. TEST RESULTS AND
14
EXPLANATORY MATERIALS SHALL BE GIVEN TO THE SUPERINTENDENT OF
15
SCHOOLS AND THE SUPERVISOR OF THE HOME EDUCATION PROGRAM.
16
(II) AN (3) AT THE SUPERVISOR'S DISCRETION, AN
ANNUAL <--
17
WRITTEN EVALUATION OF THE STUDENT'S EDUCATIONAL PROGRESS AS
18
DETERMINED BY A LICENSED CLINICAL OR SCHOOL PSYCHOLOGIST.
19
(2) THE PORTFOLIO REQUIRED IN
CLAUSE (1) AND EITHER THE TEST
20
RESULTS AS PROVIDED IN CLAUSE (1)(I) OR THE WRITTEN EVALUATION
21
AS PROVIDED IN CLAUSE (1)(II) SHALL BE REVIEWED BY A PERSON WITH
22
QUALIFICATIONS LISTED IN CLAUSE (1)(II), WHO SHALL CERTIFY
23
WHETHER OR NOT AN APPROPRIATE EDUCATION IS OCCURRING. A PERSON
24
MAKING THE WRITTEN EVALUATION UNDER CLAUSE (1)(II) MAY ALSO MAKE
25
THIS CERTIFICATION.
26
(1) A PORTFOLIO
OF RECORDS AND MATERIALS. THE PORTFOLIO <--
27
SHALL CONSIST OF A LOG, MADE CONTEMPORANEOUSLY WITH THE
28
INSTRUCTION, WHICH DESIGNATES BY TITLE THE READING MATERIALS
29
USED, SAMPLES OF ANY WRITINGS, WORKSHEETS, WORKBOOKS OR CREATIVE
30 MATERIALS
USED OR DEVELOPED BY THE STUDENT AND IN GRADES THREE,
19870S0154B2540 - 15 -
1
FIVE AND EIGHT RESULTS OF NATIONALLY NORMED STANDARDIZED
2
ACHIEVEMENT TESTS IN READING/LANGUAGE ARTS AND MATHEMATICS OR
3 THE
RESULTS OF STATEWIDE TESTS ADMINISTERED IN THESE GRADE
4
LEVELS. THE DEPARTMENT SHALL ESTABLISH A LIST, WITH A MINIMUM OF
5
FIVE TESTS, OF NATIONALLY NORMED STANDARDIZED TESTS FROM WHICH
6
THE SUPERVISOR OF THE HOME EDUCATION PROGRAM SHALL SELECT A TEST
7
TO BE ADMINISTERED IF THE SUPERVISOR DOES NOT CHOOSE THE
8
STATEWIDE TESTS. AT THE DISCRETION OF THE SUPERVISOR THE
9
PORTFOLIO MAY INCLUDE THE RESULTS OF NATIONALLY NORMED
10
STANDARDIZED ACHIEVEMENT TESTS FOR OTHER SUBJECT AREAS OR GRADE
11
LEVELS. THE SUPERVISOR SHALL ENSURE THAT THE NATIONALLY NORMED
12
STANDARDIZED TESTS OR THE STATEWIDE TESTS SHALL NOT BE
13
ADMINISTERED BY THE CHILD'S PARENT OR GUARDIAN.
14
(I) A TEACHER OR ADMINISTRATOR WHO EVALUATES A PORTFOLIO AT
15
THE ELEMENTARY LEVEL (GRADES KINDERGARTEN THROUGH SIX) SHALL
16
HAVE AT LEAST TWO YEARS OF EXPERIENCE IN GRADING ANY OF THE
17
FOLLOWING SUBJECTS: ENGLISH, TO INCLUDE SPELLING, READING AND
18
WRITING; ARITHMETIC; SCIENCE; GEOGRAPHY; HISTORY OF THE UNITED
19
STATES AND PENNSYLVANIA;
AND CIVICS.
20
(II) A
TEACHER OR ADMINISTRATOR WHO EVALUATES A PORTFOLIO AT
21
THE SECONDARY LEVEL (GRADES SEVEN THROUGH TWELVE) SHALL HAVE AT
22 LEAST
TWO YEARS OF EXPERIENCE IN GRADING ANY OF THE FOLLOWING
23
SUBJECTS: ENGLISH, TO INCLUDE LANGUAGE, LITERATURE, SPEECH,
24 READING AND COMPOSITION;
SCIENCE, TO INCLUDE BIOLOGY, CHEMISTRY
25
AND PHYSICS; GEOGRAPHY; SOCIAL STUDIES, TO INCLUDE ECONOMICS,
26
CIVICS, WORLD HISTORY, HISTORY OF THE UNITED STATES AND
27 PENNSYLVANIA; FOREIGN
LANGUAGE; AND MATHEMATICS, TO INCLUDE
28
GENERAL MATHEMATICS, ALGEBRA, TRIGONOMETRY, CALCULUS AND
29
GEOMETRY.
30
(III) AS USED IN THIS CLAUSE, THE
TERM "GRADING" SHALL MEAN
19870S0154B2540 - 16 -
1
EVALUATION OF CLASSWORK, HOMEWORK, QUIZZES, CLASSWORK-BASED
2
TESTS AND PREPARED TESTS RELATED TO CLASSWORK SUBJECT MATTER.
3
(2) AN
ANNUAL WRITTEN EVALUATION OF THE STUDENT'S
4
EDUCATIONAL PROGRESS AS DETERMINED BY A LICENSED CLINICAL OR
5
SCHOOL PSYCHOLOGIST OR A TEACHER CERTIFIED BY THE COMMONWEALTH
6
OR BY A NONPUBLIC
SCHOOL TEACHER OR
ADMINISTRATOR. ANY SUCH
7 NONPUBLIC
TEACHER OR ADMINISTRATOR SHALL HAVE AT LEAST TWO YEARS
8
OF TEACHING EXPERIENCE IN A PENNSYLVANIA
PUBLIC OR NONPUBLIC
9
SCHOOL WITHIN THE LAST TEN YEARS. SUCH NONPUBLIC
TEACHER OR
10
ADMINISTRATOR SHALL HAVE THE REQUIRED EXPERIENCE AT THE
11
ELEMENTARY LEVEL TO EVALUATE ELEMENTARY STUDENTS OR AT THE
12
SECONDARY LEVEL TO EVALUATE SECONDARY STUDENTS. THE CERTIFIED
13
TEACHER SHALL HAVE EXPERIENCE AT THE ELEMENTARY LEVEL TO
14
EVALUATE ELEMENTARY STUDENTS OR AT THE SECONDARY LEVEL TO
15
EVALUATE SECONDARY STUDENTS. THE EVALUATION SHALL
ALSO BE BASED
16
ON AN INTERVIEW OF THE CHILD AND A REVIEW OF THE PORTFOLIO
17
REQUIRED IN CLAUSE (1) AND SHALL CERTIFY WHETHER OR NOT AN
18 APPROPRIATE
EDUCATION IS OCCURRING. AT THE REQUEST OF THE
19
SUPERVISOR, PERSONS WITH OTHER QUALIFICATIONS MAY CONDUCT THE
20
EVALUATION WITH THE PRIOR CONSENT OF THE DISTRICT OF RESIDENCE
21
SUPERINTENDENT. IN NO EVENT SHALL THE EVALUATOR BE
THE
22
SUPERVISOR OR THEIR SPOUSE.
23
(3) (E) (F) THE SCHOOL DISTRICT OF RESIDENCE SHALL, AT THE <--
24
REQUEST OF THE SUPERVISOR, LEND TO THE HOME EDUCATION PROGRAM
25
COPIES OF THE SCHOOL DISTRICT'S PLANNED
COURSES, TEXTBOOKS AND
26
OTHER CURRICULUM MATERIALS APPROPRIATE TO THE STUDENT'S AGE AND
27
GRADE LEVEL.
28
(4) (F) (G) WHEN
DOCUMENTATION IS REQUIRED BY THIS SECTION
<--
29
TO BE SUBMITTED TO THE DISTRICT OF RESIDENCE SUPERINTENDENT OR <--
30 THE
HEARING OFFICER OR THE HEARING EXAMINER, THE SUPERINTENDENT <--
19870S0154B2540 - 17 -
1 OR
THE HEARING OFFICER OR THE HEARING EXAMINER SHALL RETURN, <--
2
UPON COMPLETION OF HIS REVIEW, ALL SUCH DOCUMENTATION TO THE
3
SUPERVISOR OF THE HOME EDUCATION PROGRAM. THE SUPERINTENDENT OR <--
4
HEARING OFFICER OR HEARING EXAMINER MAY PHOTOCOPY ALL OR <--
5
PORTIONS OF THE DOCUMENTATION FOR HIS FILES.
6
(F) THE SUPERVISOR OF THE HOME
EDUCATION PROGRAM MAY APPLY <--
7
TO THE DISTRICT OF RESIDENCE SUPERINTENDENT FOR PARTICIPATION IN
8
THE STATEWIDE TESTING PROGRAM AS PROVIDED FOR IN SECTION 1511.1
9
OF THIS ACT. THE SUPERVISOR SHALL INCLUDE SUCH REQUEST OF THE
10
AFFIDAVIT REQUIRED BY THIS SECTION OR SHALL NOTIFY THE DISTRICT
11
OF RESIDENCE SUPERINTENDENT BY REGISTERED MAIL AT LEAST FORTY-
12
FIVE (45) DAYS PRIOR TO THE SCHEDULED DATE OF SUCH TEST. THE
13 SUPERINTENDENT
SHALL NOTIFY THE SUPERVISOR OF THE HOME EDUCATION
14
PROGRAM OF THE TESTING DATE, TIME AND LOCATION THIRTY (30) DAYS
15
PRIOR TO THE SCHEDULED DATE.
16
(G) (H) SUCH DOCUMENTATION REQUIRED BY SUBSECTION (E)(1) <--
17 (D)(1)
(E)(1) AND (2) SHALL BE PROVIDED TO THE PUBLIC SCHOOL <--
18
DISTRICT OF RESIDENCE SUPERINTENDENT AT THE CONCLUSION OF EACH
19
PUBLIC SCHOOL YEAR. IN ADDITION, IF THE SUPERINTENDENT HAS A
20
REASONABLE BELIEF THAT, AT ANY TIME DURING THE SCHOOL YEAR,
21
APPROPRIATE EDUCATION MAY NOT BE OCCURRING IN THE HOME EDUCATION <--
22
PROGRAM, HE MAY, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
23
REQUIRE DOCUMENTATION PERTAINING TO THE PORTFOLIO OF RECORDS AND
24 MATERIALS
REQUIRED BY SUBSECTION (E)(1) (D)(1) (E)(1) TO BE <--
25
SUBMITTED TO THE DISTRICT WITHIN FIFTEEN (15) DAYS; AND
26
DOCUMENTATION PERTAINING TO SUBSECTION (E)(1)(I) OR (II) (D)(1) <--
27 AND
(2) (E)(2) TO BE SUBMITTED TO THE DISTRICT WITHIN THIRTY <--
28
(30) DAYS. IF THE TESTS AS REQUIRED IN SUBSECTION (E)(1) HAVE <--
29
NOT BEEN ADMINISTERED AT THE TIME OF THE RECEIPT OF THE
30
CERTIFIED LETTER BY THE SUPERVISOR, THE SUPERVISOR SHALL SUBMIT
19870S0154B2540 - 18 -
1 THE
OTHER REQUIRED DOCUMENTATION AND SHALL SUBMIT THE TEST
2
RESULTS WITH THE DOCUMENTATION AT THE CONCLUSION OF THE SCHOOL
3
YEAR.
4
(H) (I) IF THE SUPERINTENDENT
OF THE PUBLIC SCHOOL DISTRICT <--
5
DETERMINES, BASED ON THE DOCUMENTATION PROVIDED, AT THE END OF
6
OR DURING THE SCHOOL YEAR, THAT APPROPRIATE EDUCATION IS NOT <--
7 TAKING PLACE FOR
THE CHILD IN THE HOME EDUCATION PROGRAM, THE
<--
8
SUPERINTENDENT SHALL SEND A LETTER BY CERTIFIED MAIL, RETURN
9
RECEIPT REQUESTED, TO THE SUPERVISOR OF THE HOME EDUCATION
10
PROGRAM STATING THAT IN HIS OPINION APPROPRIATE EDUCATION IS NOT <--
11 TAKING PLACE FOR
THE CHILD IN THE HOME EDUCATION PROGRAM AND
<--
12
SHALL RETURN ALL DOCUMENTATION, SPECIFYING WHAT ASPECT OR
13
ASPECTS OF THE DOCUMENTATION ARE INADEQUATE AND INDICATING THAT <--
14
THE DEPARTMENT OF EDUCATION IS BEING INFORMED BY COPY OF THE
15
LETTER.
16
(I) (J) UPON RECEIPT OF
THE CERTIFIED LETTER REQUIRED BY
<--
17
SUBSECTION (I), THE SUPERVISOR OF THE HOME EDUCATION PROGRAM
18
SHALL HAVE TWENTY (20) DAYS TO SUBMIT ADDITIONAL DOCUMENTATION
19 DEMONSTRATING THAT APPROPRIATE EDUCATION IS TAKING PLACE FOR
THE <--
20
CHILD IN THE HOME EDUCATION PROGRAM. IF DOCUMENTATION IS NOT
21
SUBMITTED WITHIN THAT TIME, THE HOME EDUCATION PROGRAM FOR THE <--
22
CHILD SHALL BE OUT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS
23
SECTION AND SECTION 1327, AND THE STUDENT OR STUDENTS SHALL
BE <--
24
PROMPTLY ENROLLED IN THE PUBLIC
SCHOOL DISTRICT OF
RESIDENCE OR
25 A
NONPUBLIC SCHOOL
OR A LICENSED PRIVATE
ACADEMIC SCHOOL.
26 (J) (K) IF THE SUPERINTENDENT DETERMINES THAT THE
ADDITIONAL <--
27
DOCUMENTATION SUBMITTED STILL DOES NOT DEMONSTRATE THAT
28
APPROPRIATE EDUCATION IS TAKING
PLACE IN THE HOME EDUCATION <--
29
PROGRAM, HE SHALL SO NOTIFY THE SUPERVISOR OF THE HOME EDUCATION
30
PROGRAM BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND EITHER
<--
19870S0154B2540 - 19 -
1
SHALL ALLOW THE SUPERVISOR OF THE HOME EDUCATION PROGRAM THIRTY
2 (30)
DAYS FROM RECEIPT OF SUCH LETTER IN WHICH TO CORRECT THE
3
DEFICIENCIES AND SUBMIT FURTHER DOCUMENTATION TO THE
4
SUPERINTENDENT OR SHALL DECLARE THE HOME EDUCATION PROGRAM TO BE
5
OUT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION AND
6
SECTION 1327, AND, UNLESS A DUE PROCESS HEARING IS REQUESTED AS
7
PROVIDED IN SUBSECTION (K), THE STUDENT OR STUDENTS SHALL BE
8
WITHIN TEN (10) DAYS ENROLLED IN THE PUBLIC SCHOOL DISTRICT
OF
9
RESIDENCE OR A NONPUBLIC
SCHOOL OR A LICENSED
PRIVATE ACADEMIC
10
SCHOOL. IF THE SUPERVISOR OF THE HOME EDUCATION PROGRAM IS
11
ALLOWED AN ADDITIONAL THIRTY (30) DAYS TO CORRECT THE
12
DEFICIENCIES AND FAILS TO DO SO TO THE SATISFACTION OF THE
13
SUPERINTENDENT, THE SUPERINTENDENT SHALL DECLARE THE HOME
14
EDUCATION PROGRAM TO BE OUT OF COMPLIANCE WITH THE REQUIREMENTS
15
OF THIS SECTION AND SECTION 1327, AND, UNLESS A DUE PROCESS
16
HEARING IS REQUESTED AS PROVIDED IN SUBSECTION (K), THE STUDENT
17 OR
STUDENTS SHALL BE WITHIN TEN (10) DAYS ENROLLED IN THE PUBLIC
18 SCHOOL DISTRICT OF RESIDENCE
OR A NONPUBLIC SCHOOL OR A LICENSED
19 PRIVATE ACADEMIC SCHOOL.
20
(K) WHEN UNDER THE PROVISIONS OF
SUBSECTION (J) A
21
SUPERINTENDENT DECLARES A HOME EDUCATION PROGRAM TO BE OUT OF
22
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, HE SHALL SO
23
NOTIFY THE SUPERVISOR OF THE PROGRAM, BY CERTIFIED MAIL, RETURN
24
RECEIPT REQUESTED, OF HIS DETERMINATION AND OF THE SUPERVISOR'S
25
RIGHT TO WITHIN TEN (10) DAYS REQUEST OF THE DEPARTMENT OF
26
EDUCATION A DUE PROCESS HEARING IN THE PRESENCE OF AN IMPARTIAL
27
HEARING OFFICER TO HEAR ARGUMENTS PERTAINING TO THE
28 SUPERINTENDENT'S
DECLARATION THAT THE HOME EDUCATION PROGRAM
29
DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS SECTION AND
30
SECTION 1327. A FORM THROUGH WHICH THE DUE PROCESS HEARING MAY
19870S0154B2540 - 20 -
1 BE
REQUESTED SHALL ACCOMPANY THE LETTER TO THE SUPERVISOR OF THE
2
HOME EDUCATION PROGRAM. IF, TEN (10) DAYS AFTER RECEIPT OF THIS
3
CERTIFIED LETTER, THE SUPERVISOR OF THE HOME EDUCATION PROGRAM
4
HAS NOT REQUESTED A DUE PROCESS HEARING, THE HOME EDUCATION
5
PROGRAM SHALL BE OUT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS
6
SECTION AND SECTION 1327, AND THE STUDENT OR STUDENTS SHALL BE
7
PROMPTLY ENROLLED IN THE PUBLIC
SCHOOL DISTRICT OF
RESIDENCE OR
8 A
NONPUBLIC SCHOOL
OR A LICENSED PRIVATE
ACADEMIC SCHOOL.
9
(L) IF THE SUPERVISOR OF THE HOME
EDUCATION PROGRAM REQUESTS
10 A
DUE PROCESS HEARING, IT SHALL BE SCHEDULED BY THE DEPARTMENT
11
NO SOONER THAN FIFTEEN (15) DAYS NOR LATER THAN THIRTY (30) DAYS
12
AFTER RECEIPT OF THE REQUEST BY THE DEPARTMENT: PROVIDED,
13
HOWEVER, THAT UPON SHOWING GOOD CAUSE, A REASONABLE EXTENSION OF
14
TIME MAY BE GRANTED AT THE REQUEST OF THE SUPERVISOR OF THE HOME
15
EDUCATION PROGRAM. THE HEARING SHALL BE HELD AT A PLACE
16
REASONABLY CONVENIENT TO THE SUPERVISOR OF THE HOME EDUCATION
17
PROGRAM AND MAY BE HELD IN THE EVENING IF SO SPECIFIED BY THE
18
SUPERVISOR OF THE HOME EDUCATION PROGRAM ON THE FORM REQUESTING
19
THE HEARING.
20
(M) AN IMPARTIAL HEARING OFFICER
SHALL BE ASSIGNED BY THE
21
SECRETARY OF EDUCATION, OR HIS DESIGNEE. THIS HEARING OFFICER
22
SHALL NOT BE AN OFFICER, EMPLOYE OR AGENT OF THE DEPARTMENT OF
23
EDUCATION OR OF THE SCHOOL DISTRICT OR
INTERMEDIATE UNIT OF
24
RESIDENCE.
25
(N) THE IMPARTIAL HEARING OFFICER
MAY ORDER, AT ANY TIME
26
DURING THE DUE PROCESS HEARING, THE SUPERVISOR OF THE HOME
27
EDUCATION PROGRAM TO HAVE THE CHILD OR CHILDREN TAKE THE
28
STATEWIDE TESTS AS CONTAINED IN SECTION 1511.1, AS PART OF THE
29
EVALUATION. IF THE STUDENT RECEIVES AN UNSATISFACTORY SCORE, THE
30
HEARING OFFICER MAY REQUIRE THE SUPERINTENDENT AND HOME
19870S0154B2540 - 21 -
1
EDUCATION PROGRAM SUPERVISOR TO ESTABLISH A REMEDIAL EDUCATION
2
PLAN FOR A PERIOD OF SIX (6) MONTHS. THE SUPERINTENDENT SHALL
3
DETERMINE THE SUBJECT MATTER OF THE REMEDIATION PROGRAM AND
4
APPROPRIATE EVALUATION OF THE PROGRAM AT SPECIFIC TIME INTERVALS
5
DURING THE SIX (6) MONTH PERIOD. A REVIEW OF THE REMEDIAL PLAN
6
BY THE HEARING OFFICER AFTER THE SIX (6) MONTH PERIOD SHALL BE
7
MADE AND A DETERMINATION MUST BE SET FORTH
WHICH MAY INCLUDE
8
RETESTING OR ADDITIONAL REMEDIATION.
9
(O) AT THE DUE PROCESS HEARING,
THE SUPERINTENDENT, OR HIS
10
DESIGNEE, SHALL BE LIMITED TO PRESENTING EVIDENCE AND TESTIMONY
11
THAT THE DOCUMENTATION DOES NOT DEMONSTRATE THAT EDUCATION IS
12 TAKING PLACE IN
THE HOME EDUCATION PROGRAM. THE SUPERVISOR OF
13
THE HOME EDUCATION PROGRAM, OR HIS REPRESENTATIVE, SHALL HAVE
14
THE RIGHT TO PRESENT EVIDENCE AND TESTIMONY INDICATING THAT THE
15
DOCUMENTATION DOES DEMONSTRATE THAT EDUCATION IS TAKING PLACE IN
16
THE HOME EDUCATION PROGRAM.
17
(P) AT ANY POINT DURING THE
HEARING, IF THE HEARING OFFICER
18
BELIEVES THAT EDUCATION IS TAKING
PLACE IN THE HOME EDUCATION
19
PROGRAM BUT THAT THE DOCUMENTATION IS NOT ADEQUATE, HE MAY
20
ADJOURN THE HEARING AFTER SUGGESTING SPECIFIC WAYS IN WHICH THE
21
DOCUMENTATION MAY BE IMPROVED AND RESUBMITTED TO THE
22
SUPERINTENDENT, AND SPECIFYING A DATE FOR CONTINUATION OF THE
23
HEARING IN THE EVENT THAT THE SUPERINTENDENT STILL MAINTAINS
24
THAT THE DOCUMENTATION IS INADEQUATE.
25
(Q) NO LATER THAN TWENTY (20)
DAYS AFTER THE CONCLUSION OF
26
THE HEARING, THE HEARING OFFICER SHALL RENDER A DECISION, IN
27
WRITING, WHICH SHALL BE ACCOMPANIED BY WRITTEN FINDINGS OF FACT
28
AND CONCLUSIONS, AND WHICH SHALL BE SENT BY CERTIFIED MAIL,
29
RETURN RECEIPT REQUESTED, TO THE SUPERVISOR OF THE HOME
30
EDUCATION PROGRAM AND THE DISTRICT OF RESIDENCE SUPERINTENDENT.
19870S0154B2540 - 22 -
1
IF THE HEARING OFFICER FINDS THAT THE DOCUMENTATION DEMONSTRATES
2
THAT EDUCATION IS TAKING
PLACE WITHIN THE HOME EDUCATION
3
PROGRAM, THE PROGRAM SHALL BE IN COMPLIANCE WITH THE
4
REQUIREMENTS OF THIS SECTION AND SECTION 1327. IF THE HEARING
5
OFFICER THE BOARD OF SCHOOL DIRECTORS SHALL HOLD
A PROPER <--
6
HEARING. THIS MAY BE CONDUCTED BY A DULY AUTHORIZED COMMITTEE OF
7
THE BOARD OR A DULY QUALIFIED HEARING EXAMINER WHOSE
8 ADJUDICATION
MUST BE APPROVED BY THE BOARD. THE DECISION OF THE
9
BOARD MAY BE APPEALED BY EITHER THE SUPERVISOR OF THE HOME
10
EDUCATION PROGRAM OR THE SUPERINTENDENT TO THE SECRETARY OF
11 EDUCATION OR COMMONWEALTH COURT.
PROVIDE FOR A PROPER HEARING BY <--
12 A
DULY QUALIFIED AND IMPARTIAL HEARING EXAMINER WITHIN THIRTY
13
(30) DAYS. THE EXAMINER SHALL RENDER A DECISION WITHIN FIFTEEN
14
(15) DAYS OF THE HEARING EXCEPT THAT HE MAY REQUIRE THE
15
ESTABLISHMENT OF A REMEDIAL EDUCATION PLAN MUTUALLY AGREED TO BY
16
THE SUPERINTENDENT AND SUPERVISOR OF THE HOME EDUCATION PROGRAM
17
WHICH SHALL CONTINUE THE HOME EDUCATION PROGRAM. THE DECISION OF
18
THE EXAMINER MAY BE APPEALED BY EITHER THE SUPERVISOR OF THE
19
HOME EDUCATION PROGRAM OR THE SUPERINTENDENT TO THE SECRETARY OF
20 EDUCATION OR COMMONWEALTH COURT.
21 (K)
IF THE BOARD OF SCHOOL DIRECTORS (L)
IF THE HEARING <--
22
EXAMINER FINDS THAT THE DOCUMENTATION DOES NOT INDICATE THAT
23
APPROPRIATE EDUCATION IS TAKING
PLACE IN THE HOME EDUCATION <--
24
PROGRAM, THE HOME EDUCATION PROGRAM FOR THE CHILD SHALL BE <--
25
OUT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION AND
26
SECTION 1327, AND THE STUDENT OR STUDENTS SHALL BE PROMPTLY <--
27
ENROLLED IN THE PUBLIC
SCHOOL DISTRICT OF
RESIDENCE OR A
28
NONPUBLIC SCHOOL
OR A LICENSED PRIVATE
ACADEMIC SCHOOL.
29
(R) (L) (M) AT SUCH TIME
AS THE CHILD'S HOME EDUCATION
<--
30
PROGRAM HAS BEEN DETERMINED TO BE OUT OF COMPLIANCE WITH THE <--
19870S0154B2540 - 23 -
1
PROVISIONS OF THIS SECTION AND SECTION 1327, THE SUPERVISOR OR
2 SPOUSE
OF THE SUPERVISOR OF THE HOME EDUCATION PROGRAM SHALL NOT
3
BE ELIGIBLE TO SUPERVISE A HOME EDUCATION PROGRAM FOR THAT <--
4
CHILD, AS PROVIDED FOR IN SUBSECTION (B)(1) OF THIS SECTION, FOR
5 A
PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF SUCH
6
DETERMINATION.
7
SECTION 3 4. A SUPERVISOR
CONDUCTING A HOME EDUCATION <--
8
PROGRAM FOR THE 1988-1989 SCHOOL YEAR THAT HAS BEEN CONSIDERED
9
ACCEPTABLE BY THE DISTRICT SUPERINTENDENT FOR MEETING THE
10
REQUIREMENTS OF COMPULSORY ATTENDANCE SHALL NOT BE AFFECTED BY
11
THE PROVISIONS OF THIS AMENDATORY ACT UNTIL THE CONCLUSION OF
12
THE 1988-1989 SCHOOL YEAR.
13
SECTION 4 5. THIS ACT
SHALL TAKE EFFECT IMMEDIATELY.
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