Bill Text: PA HB1602 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for compulsory school attendance and for exceptions to compulsory school attendance; and requiring all public school districts in this Commonwealth to conduct interviews for all students who withdraw or are illegally absent from school.

Spectrum: Moderate Partisan Bill (Democrat 32-4)

Status: (Introduced - Dead) 2009-09-11 - Re-committed to APPROPRIATIONS [HB1602 Detail]

Download: Pennsylvania-2009-HB1602-Introduced.html

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PRINTER'S NO. 1994
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1602 Session of2009
INTRODUCED BY ROEBUCK, COHEN, GRUCELA, HARKINS, PALLONE, BISHOP, BROWN, CALTAGIRONE, DONATUCCI, FABRIZIO, FRANKEL, FREEMAN, GOODMAN, HORNAMAN, KOTIK, MANN, McGEEHAN, MUNDY, M. O'BRIEN, PARKER, PASHINSKI, PAYTON, READSHAW, SIPTROTH, K. SMITH, VULAKOVICH, WATERS, YOUNGBLOOD AND BRADFORD, JUNE 3, 2009
REFERRED TO COMMITTEE ON EDUCATION, JUNE 3, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," further providing for compulsory
school attendance and for exceptions to compulsory school
attendance; and requiring all public school districts in this
Commonwealth to conduct interviews for all students who
withdraw or are illegally absent from school.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1327 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding a subsection to read:
Section 1327. Compulsory School Attendance.--* * *
(a.1) A student who is not in compliance with this section
shall be required to complete an interview in accordance with
section 1354.1.
* * *
Section 2. Section 1330 of the act, amended May 11, 1949
(P.L.1195, No.361), October 21, 1965 (P.L.601, No.312) and
January 14, 1970 (1969 P.L.468, No.192), is amended to read:
Section 1330. Exceptions to Compulsory Attendance.--(a) The
provisions of this act requiring regular attendance shall not
apply to any child who--
(1) Has attained the age of sixteen (16) years, and who is
regularly engaged in any useful and lawful employment or service
during the time the public schools are in session, and who holds
an employment certificate issued according to law;
(2) Has been examined by an approved mental clinic or by a
person certified as a public school psychologist or
psychological examiner, and has been found to be unable to
profit from further public school attendance, and who has been
reported to the board of school directors and excused, in
accordance with regulations prescribed by the State Board of
Education.
(3) Has attained the age of fifteen (15) years and is
engaged in farm work or domestic service in a private home on a
permit issued by the school board or the designated school
official of the school district of the child's residence, in
accordance with regulations which the Superintendent of Public
Instruction is hereby authorized to prescribe;
(4) Has attained the age of fourteen (14) years and is
engaged in farm work or domestic service in a private home on a
permit issued as provided in clause (3) of this section, and who
has satisfactorily completed, either in public or private
schools, the equivalent of the highest grade of the elementary
school organization prevailing in the public schools of the
district in which he resides, if the issuance of such a permit
has first been recommended by the district superintendent of
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schools having supervision of the schools of the district where
such child resides, or by the principal of the private school
where such child is enrolled, and the reason therefor has been
approved by the Superintendent of Public Instruction;
(5) Except in districts of the fourth class and those of the
third class located wholly within the boundary lines of a
township, or within the boundary lines of a borough which has a
population of less than five hundred (500) inhabitants to the
square mile, resides two miles or more by the nearest public
highways from any public school in session and no proper free
transportation is furnished to such child to and from school.
(b) A student who withdraws under this section shall
complete an interview in accordance with section 1354.1.
Section 3. The act is amended by adding a section to read:
Section 1354.1. Interview Reports for Withdrawing and
Illegally Absent Students.--(a) It shall be the duty of every
school principal of a school district or charter school to
conduct or assign a designee to conduct an interview for each
student who withdraws or is illegally absent for ten (10) days
or more, without lawful excuse, from that school district or
charter school. During the interview the student shall be made
aware of alternatives to withdrawing from the school district or
charter school. If the student is legally withdrawing as
provided in section 1330, the interview must be done in
conjunction with the verification of any work or farm permit
issued. If the student is not in compliance with the compulsory
school attendance provisions of this act, an interview must be
conducted that further inquires as to why the student is
illegally absent. A migratory child or a student withdrawing to
attend a charter school, cyber charter school, home education
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program, nonpublic nonlicensed school, private academic school
or an approved institution of higher education shall not be
required to complete an interview required in this section.
(b) If a student fails to complete the interview required
under subsection (a), the school principal shall conduct an
interview with a parent or guardian of the student. The
principal shall send a written notice to the parent or guardian
by certified mail, return receipt requested, that informs the
parent or guardian of the interview required by and the penalty
for failure to comply with this subsection, and shall maintain a
copy of the notice and the return receipt, if any, with the
records of the student. The interview may be conducted in person
or via the telephone at a time most accommodating for both
parties. Failure of a parent or guardian to complete an
interview on behalf of the child of the parent or guardian
within fifteen (15) school days after the last day the child
attended school is a violation of this section and the school
district or charter school may impose a civil penalty in
accordance with section 1333.
(c) The Department of Education shall establish and
distribute a standard form to be completed by a school principal
or a designee during an interview. The form shall require, but
is not limited to, the following information: name, address,
telephone number, date of birth, most current student
identification number, current grade level, school name and
district, reasons for withdrawing, name, address and telephone
number of a parent or guardian and any other information the
department deems necessary. The form must be filed with the
Department of Education within thirty (30) days following the
interview. The data collected from the interviews, excluding
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specific names and addresses and identification, will be used in
conjunction with the Electronic Dropout/Graduate Report (EDGR),
a data reporting system or a report of equivalence compiled and
distributed by the Division of Data Services of the Department
of Education. In addition, the information shall be made part of
the student's permanent record by the school district or charter
school. The report must be made public at the end of each fiscal
year.
(d) The provisions of sections 1356 and 1357 shall not apply
to this section.
Section 4. This act shall take effect July 1, 2009.
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