PRINTER'S NO. 1387
No. 1023 Session of 2005
INTRODUCED BY BROWNE, VANCE, ORIE, PICCOLA, WENGER, RAFFERTY,
REGOLA, PILEGGI, GREENLEAF AND WONDERLING, NOVEMBER 22, 2005
REFERRED TO EDUCATION, NOVEMBER 22, 2005
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," further providing for home education
6 program.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1327.1(g), (h), (i), (j), (k) and (l) of
10 the act of March 10, 1949 (P.L.30, No.14), known as the Public
11 School Code of 1949, added December 21, 1988 (P.L.1321, No.169),
12 are amended and the section is amended by adding subsections to
13 read:
14 Section 1327.1. Home Education Program.--* * *
15 (g) When documentation is required by this section to be
16 submitted to [the district of residence superintendent or] the
17 hearing examiner, [the superintendent or] the hearing examiner
18 shall return, upon completion of his review, all such
19 documentation to the supervisor of the home education program.
20 The [superintendent or] hearing examiner may photocopy all or
1 portions of the documentation for his files.
2 [(h) Such documentation required by subsection (e)(1) and
3 (2) shall be provided to the public school district of residence
4 superintendent at the conclusion of each public school year. In
5 addition, if the superintendent has a reasonable belief that, at
6 any time during the school year, appropriate education may not
7 be occurring in the home education program, he may, by certified
8 mail, return receipt requested, require documentation pertaining
9 to the portfolio of records and materials required by subsection
10 (e)(1) to be submitted to the district within fifteen (15) days;
11 and documentation pertaining to subsection (e)(2) to be
12 submitted to the district within thirty (30) days. If the tests
13 as required in subsection (e)(1) have not been administered at
14 the time of the receipt of the certified letter by the
15 supervisor, the supervisor shall submit the other required
16 documentation and shall submit the test results with the
17 documentation at the conclusion of the school year.]
18 (h.1) An evaluator's certification that an appropriate
19 education is occurring shall be provided by the supervisor to
20 the superintendent of the public school district of residence by
21 June 30 of each year. If the supervisor fails to submit the
22 certification due on June 30 to the superintendent, the
23 superintendent shall send a letter by certified mail, return
24 receipt requested, to the supervisor of the home education
25 program, stating that the certification is past due and
26 notifying the supervisor to submit the certification within ten
27 (10) days of receipt of the certified letter. If the
28 certification is not submitted within that time, the board of
29 school directors shall provide for a proper hearing in
30 accordance with subsection (k).
20050S1023B1387 - 2 -
1 [(i) If the superintendent of the public school district
2 determines, based on the documentation provided, at the end of
3 or during the school year, that appropriate education is not
4 taking place for the child in the home education program, the
5 superintendent shall send a letter by certified mail, return
6 receipt requested, to the supervisor of the home education
7 program stating that in his opinion appropriate education is not
8 taking place for the child in the home education program and
9 shall return all documentation, specifying what aspect or
10 aspects of the documentation are inadequate.]
11 (i.1) If the superintendent has probable cause, at any time
12 during the school year, that appropriate education may not be
13 occurring in the home education program, he may, by certified
14 mail, return receipt requested, require that an evaluation be
15 conducted in accordance with subsection (e)(2) and that an
16 evaluator's certification stating that an appropriate education
17 is occurring, be submitted to the district by the supervisor
18 within thirty (30) days of the receipt of the certified letter.
19 If the tests, as required in subsection (e)(1), have not been
20 administered at the time of the receipt of the certified letter
21 by the supervisor, the supervisor shall submit the other
22 required documentation to the evaluator and the test results to
23 the evaluator with the documentation at the conclusion of the
24 school year. If the certification is not submitted to the
25 superintendent within thirty (30) days of receipt of the
26 certified letter, the board of school directors shall provide
27 for a proper hearing in accordance with subsection (k).
28 [(j) Upon receipt of the certified letter required by
29 subsection (i), the supervisor of the home education program
30 shall have twenty (20) days to submit additional documentation
20050S1023B1387 - 3 -
1 demonstrating that appropriate education is taking place for the
2 child in the home education program. If documentation is not
3 submitted within that time, the home education program for the
4 child shall be out of compliance with the requirements of this
5 section and section 1327, and the student shall be promptly
6 enrolled in the public school district of residence or a
7 nonpublic school or a licensed private academic school.]
8 (j.1) If the superintendent has probable cause that the home
9 education program is out of compliance with any other provisions
10 of this section, the superintendent shall notify the supervisor
11 by certified mail, return receipt requested, to submit
12 documentation within thirty (30) days indicating that the
13 program is in compliance. If such documentation is not submitted
14 within that time, the board of school directors shall provide
15 for a proper hearing in accordance with subsection (k).
16 (k) [If the superintendent determines that the additional
17 documentation submitted still does not demonstrate that
18 appropriate education is taking place in the home education
19 program, he shall so notify the supervisor of the home education
20 program by certified mail, return receipt requested, and] If a
21 hearing is required by the provisions of subsection (g), (h.1)
22 or (i.1), the board of school directors shall provide for a
23 proper hearing by a duly qualified and impartial hearing
24 examiner within thirty (30) days. The examiner shall render a
25 decision within fifteen (15) days of the hearing except that he
26 may require the establishment of a remedial education plan
27 mutually agreed to by the superintendent and supervisor of the
28 home education program which shall continue the home education
29 program. The decision of the examiner may be appealed by either
30 the supervisor of the home education program or the
20050S1023B1387 - 4 -
1 superintendent to the Secretary of Education [or], Commonwealth
2 Court or court of common pleas.
3 (l) If the hearing examiner finds that the [documentation]
4 evidence does not indicate that appropriate education is taking
5 place in the home education program, the home education program
6 for the child shall be out of compliance with the requirements
7 of this section and section 1327, and the student shall be
8 promptly enrolled in the public school district of residence or
9 a nonpublic school or a licensed private academic school. The
10 home education program may continue during the time of any
11 appeal.
12 * * *
13 Section 2. This act shall take effect immediately.
J28L24MSP/20050S1023B1387 - 5 -