H1381B1533A02090 NAD:EJH 09/25/23 #90 A02090
AMENDMENTS TO HOUSE BILL NO. 1381
Sponsor: REPRESENTATIVE BRIGGS
Printer's No. 1533
Amend Bill, page 4, line 1, by striking out "a summary
offense or"
Amend Bill, page 6, line 5, by striking out "12" and
inserting
10
Amend Bill, page 6, lines 12 through 14, by striking out all
of said lines
Amend Bill, page 8, line 24, by striking out "within a school
district" and inserting
entity
Amend Bill, page 8, line 25, by striking out "attended" and
inserting
was enrolled in
Amend Bill, page 9, line 5, by striking out the bracket
before "(b)"
Amend Bill, page 9, line 7, by inserting a period after
"judiciary"
Amend Bill, page 9, line 7, by inserting a bracket before
"unless"
Amend Bill, page 16, line 15, by inserting a bracket before
"and" where it occurs the first time
Amend Bill, page 16, line 16, by inserting a bracket after
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"transfer,"
Amend Bill, page 17, line 27, by striking out "give counsel
and advice to the parties and"
Amend Bill, page 18, line 8, by striking out "case" and
inserting
opinion
Amend Bill, page 18, line 22, by inserting after "guilt"
as a prerequisite to any informal adjustment or diversionary
program
Amend Bill, page 20, line 19, by striking out "The" and
inserting
Absent a dependency court order, the
Amend Bill, page 20, line 20, by inserting after "to"
delinquency
Amend Bill, page 20, line 28, by striking out the period
after "year" and inserting
, unless the court determines that the child poses a
specific, immediate and substantial risk of harm to
others, and there is no alternative to reduce the risk of
harm to others.
Amend Bill, page 20, lines 29 and 30, by striking out "an
articulable risk of" in line 29 and all of line 30 and inserting
a specific, immediate and substantial risk of harm
to others and there is no alternative to reduce the risk
of harm to others.
Amend Bill, page 22, line 3, by striking out "shall" and
inserting
may
Amend Bill, page 24, line 21, by inserting a bracket before
"It"
Amend Bill, page 24, line 21, by inserting after
"prohibited.--It"
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] Except as provided under subsections (c.1) and (d), it
Amend Bill, page 30, line 17, by striking out "or use of
patently false assertions"
Amend Bill, page 31, line 10, by inserting after "shall"
slowly and clearly
Amend Bill, page 32, line 5, by striking out "and the section
is amended by adding a subsection"
Amend Bill, page 32, lines 12 through 14, by striking out
"Any evidence-based programs, community service or" in line 12,
all of line 13 and "completed within the consent decree time
frame." in line 14
Amend Bill, page 32, lines 18 through 20, by striking out
"the completion of the" in line 18, all of line 19 and "to
complete community service." in line 20 and inserting
further progress on meeting the conditions of a consent
decree.
Amend Bill, page 33, line 1, by inserting after "child),"
and a contribution not to exceed $25 to the Crime Victims
Services and Compensation Fund
Amend Bill, page 33, line 6, by inserting after "community."
An admission of guilt may not be required as a prerequisite
for a consent decree and no other monetary obligation shall be
authorized.
Amend Bill, page 33, lines 7 through 11, by striking out all
of said lines
Amend Bill, page 33, lines 24 through 30; pages 34 and 35,
lines 1 through 30; page 36, lines 1 through 13; by striking out
all of said lines on said pages and inserting
(a) Educational stability.--At every court hearing in a
delinquency matter, including at any detention hearing, the
court shall consider the child's educational stability. If at
any point in a delinquency proceeding the court orders a child
removed from the child's home, the order shall address the
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educational stability of the child. The court shall determine on
the record the school placement that is in the child's best
interest and protective of the community during any period of
out-of-home placement, prioritizing the following:
(1) The child remaining in the child's school of origin.
(2) The child virtually attending the child's school of
origin if in-person attendance is not feasible due to
distance or otherwise not in the child's best interest.
(3) The child attending the least-restrictive school
setting that is in the child's best interest and protective
of the community.
(b) Child's best interest.--In determining the best interest
of the child under subsection (a), the court shall consider on
the record how a school placement will address the child's
learning needs, including the needs documented in a 504 plan or
an individualized education plan.
(c) Educational stability team.--An educational stability
team shall be created for every child who does not already have
an educational stability team and who, at a dispositional
hearing, is ordered removed from the child's home and will
likely remain in the out-of-home placement for more than 20
calendar days during a school year. An educational stability
team may be created by the court at any time. The following
shall apply:
(1) The educational stability team shall include, at a
minimum, the child, the child's parent or guardian or
education decision maker, the child's attorney, a
representative of the child's school of origin, the point of
contact from the child's school of origin under section
1331.1 of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949, and any other participant
deemed necessary by the court.
(2) The court may convene the educational stability team
in any manner and at any time, but an education transition
plan must be submitted to the court by the school of origin
no later than 10 business days from the order to convene the
educational stability team, which at a minimum shall include
education recommendations, learning support, instruction
guides, disability or mental health accommodations and
education records. A meeting of the education stability team
shall occur prior to the submission of the transition plan
and note team attendance, notification efforts and any
additional feedback provided. For any high school student in
their final year of school, additional information shall be
provided regarding graduation requirements to include State
testing and community service goals.
(d) Placement after release.--The court shall hold a hearing
during which the court shall elicit testimony regarding the
appropriate educational placement for the child upon the
student's release from out-of-home placement, subject to the
requirements under subsection (f).
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(e) Individualized education program.--If a child's
education while in an out-of-home delinquency placement is
provided by an on-grounds school, and the student entered the
placement with an individualized education program, the school
must notify the court, probation and the child's attorney in
writing, in addition to the parent, guardian or other education
decision maker, of any proposed material change to the child's
individualized education program other than to the location of
the student's program. The following shall apply:
(1) Material changes include changes to related
services, extended school year eligibility, positive behavior
support plans or to the amount or type of special education
supports to be provided.
(2) The notice shall include or can consist of a copy of
the notice of recommended educational placement/prior written
notice and documentation that it was provided to the parent,
guardian or other educational decision maker.
(3) No Federal or State educational rights are waived or
limited due to out-of-home placement.
(f) Return to school of origin.--A delinquent child
returning from placement or who has been adjudged to have
committed a crime under an adult criminal proceeding shall have
the right to be returned directly to the child's school of
origin, subject to other statutory limitations.
(g) School disciplinary action.--A child may not be subject
to any school disciplinary action upon returning to the child's
school of origin for conduct that occurred prior to the child
entering placement.
Amend Bill, page 37, line 6, by striking out "four" and
inserting
12
Amend Bill, page 37, line 8, by striking out "four" and
inserting
three
Amend Bill, page 37, line 11, by striking out "eight" and
inserting
18
Amend Bill, page 37, line 13, by striking out "four" and
inserting
three
Amend Bill, page 38, line 4, by inserting after "$10"
and a contribution to the Crime Victims Services and
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Compensation Fund not to exceed $25
Amend Bill, page 41, line 27, by striking out "four" and
inserting
six
Amend Bill, page 43, line 29, by striking out "conduct" and
inserting
order
Amend Bill, page 45, line 21, by inserting after "income"
or assets
Amend Bill, page 46, line 7, by striking out "three" and
inserting
five
Amend Bill, page 46, line 26, by inserting after
"supervision"
and forgiveness of outstanding restitution
Amend Bill, page 46, line 30; page 47, lines 1 through 24; by
striking out all of line 30 on page 46, all of lines 1 through
23 and "(f)" in line 24 on page 47 and inserting
(e)
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