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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY YOUNGBLOOD AND CRUZ, APRIL 5, 2011 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 5, 2011 |
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| AN ACT |
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1 | Amending Title 20 (Decedents, Estates and Fiduciaries) of the |
2 | Pennsylvania Consolidated Statutes, providing for educational |
3 | guardianship. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 20 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 5148. Educational guardianship. |
9 | (a) Appointment of guardian.--A parent, legal guardian or |
10 | legal custodian may authorize an adult person in whose care a |
11 | minor has been entrusted to exercise all rights and |
12 | responsibilities regarding the enrollment in school and |
13 | education of the minor, including the rights provided under the |
14 | special education laws, provided that there is no prior order of |
15 | any court in any jurisdiction which would prohibit the parent, |
16 | legal guardian or legal custodian from exercising any of the |
17 | powers that may be conveyed to another person. |
18 | (b) Form.--Any written form that is signed by the parent, |
19 | legal guardian or legal custodian may be used to convey the |
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1 | authority described in subsection (a). The following form may be |
2 | used and its inclusion in this section shall not be construed to |
3 | preclude the use of alternative language: |
4 | EDUCATIONAL GUARDIANSHIP FORM |
5 | (PUT A LINE THROUGH ALL PROVISIONS THAT ARE NOT APPLICABLE) |
6 7 8 | ( ) | I am the parent of the child(ren) named below and there are no court orders now in effect which would prevent me from giving the powers listed in this document; | 9 10 11 12 13 14 | ( ) | I am the legal guardian or legal custodian of the child(ren) listed below, pursuant to a court order (a copy of which is attached if available), and there are no other court orders now in effect which would prohibit me from exercising the power I seek to convey in this document. |
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15 | I am temporarily giving to ( Name ), an adult |
16 | who resides at ( Address ), the right to |
17 | exercise all my rights in the education of the child(ren) listed |
18 | below, including, but not limited to, the right to sign all |
19 | documents necessary to enroll or maintain the child(ren) in |
20 | school, all rights necessary to secure and approve or disapprove |
21 | special education services for the child(ren) and the right to |
22 | review, copy and correct records for the child(ren). The |
23 | children these rights apply to are: |
24 | (Name and Date of Birth) | (Name and Date of Birth) | 25 | (Name and Date of Birth) | (Name and Date of Birth) |
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26 | I am giving this authorization freely and knowingly in order |
27 | to provide for the child(ren) while they are in the care of the |
28 | adult named above and not due to pressure, threats or offers of |
29 | payment by any person or agency. |
30 | Notification of intent to end or change this authorization |
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1 | must be in writing. |
2 | (If you wish to make an agreement about how to end or change |
3 | these rights, you may fill in or change this paragraph. If you |
4 | do not wish to make that kind of agreement, cross out this |
5 | paragraph). |
6 | Upon notification of my intention to revoke this |
7 | authorization, there shall be a period of 30 days before that |
8 | revocation takes effect. |
9 | I hereby swear or affirm that the above statements are true. |
10 | I understand that false statements are made subject to the |
11 | penalties of 18 Pa.C.S. § 4904 (relating to unsworn |
12 | falsification to authorities). |
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14 | (c) Use by educational entity.-- |
15 | (1) A conveyance of authority described in subsection |
16 | (a) which is consistent with the requirements of subsection |
17 | (b) shall be honored by any school district, intermediate |
18 | unit or other public education entity. |
19 | (2) Notwithstanding subsection (e), the existence of a |
20 | conveyance of authority described in and consistent with the |
21 | requirements of subsection (b) creates a presumption that the |
22 | authority has been lawfully conveyed. |
23 | (d) Revocation of guardianship.-- |
24 | (1) A conveyance of authority as described in subsection |
25 | (b) is revocable at will unless other terms are agreed upon |
26 | by the parent, legal guardian or legal custodian and the |
27 | adult to whom authority is being conveyed. |
28 | (2) The parties may provide for terms in writing which |
29 | may require the revocation of authority to be in writing, |
30 | make revocation effective only when a specified time period |
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1 | has elapsed after notification of intent to revoke or any |
2 | other terms that the parties deem appropriate. |
3 | (e) Dependency proceedings.-- |
4 | (1) This section shall not be construed as a substitute |
5 | for dependency proceedings conducted under 42 Pa.C.S. Ch. 63 |
6 | (relating to juvenile matters). |
7 | (2) The execution of a conveyance of authority described |
8 | in subsection (b) shall not be binding in a custody or |
9 | dependency proceeding. |
10 | (3) Regardless of the execution of a document in |
11 | accordance with this section, a custody or dependency |
12 | determination shall be based upon the best interests of the |
13 | child or other applicable standard in accordance with law. |
14 | Section 2. This act shall take effect in 60 days. |
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