PRINTER'S NO. 1012
No. 904 Session of 1997
INTRODUCED BY EGOLF, FLICK, E. Z. TAYLOR, STEVENSON, GORDNER,
CLARK, HASAY, GEIST, FICHTER, RUBLEY, WAUGH, SAYLOR, STABACK,
BOSCOLA, HUTCHINSON, COY, FEESE, SCHULER, DeLUCA, MAJOR,
D. W. SNYDER, STERN, ALLEN, BROWNE, READSHAW, McGILL, LYNCH,
DENT, BARRAR AND McGEEHAN, MARCH 13, 1997
REFERRED TO COMMITTEE ON EDUCATION, MARCH 13, 1997
AN ACT
1 Providing for procedures for students expelled from school and
2 for powers and duties of boards of school directors.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Student
7 Responsibility Law.
8 Section 2. Declaration of policy.
9 The General Assembly finds and declares as follows:
10 (1) Attendance in the taxpayer-financed public schools
11 of this Commonwealth for students six years of age or older
12 and 21 years of age or younger is a privilege subject to
13 revocation upon failure by the student to abide by rules and
14 regulations governing the schools.
15 (2) The board of school directors of every public school
16 entity possesses the authority to temporarily or permanently
1 expel any student and reinstate such student upon terms and
2 conditions established by the board.
3 (3) The parents or legal guardians of school-age
4 students expelled from the local public school have the
5 responsibility to assume the costs of providing these
6 students with an education during the period of time the
7 students are expelled.
8 (4) School-age students in the public schools of this
9 Commonwealth have the responsibility to conduct themselves in
10 accordance with the rules and regulations promulgated by the
11 board of school directors of every school entity. Failure by
12 students to abide by such rules and regulations may result in
13 their expulsion from the public schools.
14 (5) The taxpayers of this Commonwealth should be
15 relieved from the responsibility of paying for the education
16 of students expelled from the public schools.
17 Section 3. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "School entity." Any public school district, intermediate
22 unit or area vocational-technical school.
23 Section 4. Education of expelled students.
24 (a) General rule.--No school entity shall be required to
25 expend funds for the education of any student of compulsory
26 school age expelled from the public schools and who is able to
27 fulfill all graduation requirements under normal circumstances
28 by 21 years of age.
29 (b) Alternative educational arrangements.--Upon written
30 request of the parents or legal guardians, a school entity may
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1 make arrangements for the education of an expelled student
2 through placement in another school, through tutorial or
3 correspondence study or through another educational program
4 approved by the board of school directors of the school entity.
5 If an expelled student is placed in another educational setting
6 by a school entity, the parents or legal guardians shall be
7 responsible for all costs associated with the placement.
8 (c) Responsibility of parents.--If a school entity does not
9 make the arrangements under subsection (b) and the expelled
10 student is of compulsory school age, then it shall be the
11 responsibility of the parents or legal guardians to secure such
12 placement within 30 days of the date of expulsion and to pay all
13 costs associated with the placement.
14 Section 5. Readmission policy.
15 (a) General rule.--Every school entity shall establish a
16 policy governing the procedures for expelled students to be
17 readmitted. This policy shall include, but not be limited to,
18 the following:
19 (1) A signed letter from the student requesting
20 readmission to the school entity.
21 (2) An informal hearing between the student and the
22 district superintendent or chief school administrator.
23 (b) Terms and conditions.--The board of school directors
24 may, upon recommendation of the district superintendent or chief
25 school administrator, readmit the student to school under
26 specific terms and conditions.
27 (c) Student not readmitted.--If the board does not readmit
28 the student, then the provisions of section 4 shall apply
29 provided that the student remains able to fulfill all graduation
30 requirements under normal circumstances by 21 years of age.
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1 (d) Responsibility of school entity.--In the event a student
2 of compulsory school age is denied readmission to school and is
3 unable to fulfill all graduation requirements under normal
4 circumstances by 21 years of age, the school entity shall be
5 responsible for providing the student with an educational
6 placement in order for the student to fulfill the graduation
7 requirements of the school entity.
8 (e) Readmission.--Expelled students shall be eligible to
9 apply for readmission to the school until 21 years of age, until
10 graduation from another public or private school entity or until
11 acquisition of a General Education Diploma (GED).
12 Section 6. Student and parent notification.
13 Every school entity shall forward a certified letter to the
14 parents or legal guardians of expelled students specifying all
15 terms and conditions pursuant to this act. If an expelled
16 student is 18 years of age or older or is an emancipated minor,
17 the certified letter shall be forwarded directly to the student.
18 Section 7. Failure to comply.
19 Every parent or legal guardian of an expelled student of
20 compulsory school age who shall fail to comply with the
21 provisions of this act shall be subject to the penalties
22 contained in section 1333 of the act of March 10, 1949 (P.L.30,
23 No.14), known as the Public School Code of 1949.
24 Section 8. Repeals.
25 All acts and parts of acts are repealed insofar as they are
26 inconsistent with this act.
27 Section 9. Effective date.
28 This act shall take effect immediately.
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