A04244
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1041
Session of
2021
INTRODUCED BY TOPPER, R. BROWN, COX, GILLEN, HAMM, KAUFFMAN,
KEEFER, KULIK, MOUL, PICKETT, ROWE, RYAN, STAATS, THOMAS,
WARNER, WHEELAND, ZIMMERMAN, SCHROEDER, GLEIM AND SILVIS,
MARCH 29, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 5, 2021
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," in pupils and attendance, further
providing for home education program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1327.1 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding subsections to read:
Section 1327.1. Home Education Program.--* * *
(f.2) (1) Beginning January 1, 2022, WITH THE 2021-2022
2023-2024 SCHOOL YEAR and each school year thereafter, the
school district of residence shall develop policies and
procedures to permit a child who is enrolled in a home education
program to participate , on the same basis as other students
enrolled in the school district, in any cocurricular activity
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that merges extra- curricular activities with a required academic
class course , including, but not limited to, band or orchestra,
and must permit a child who is enrolled in a home education
program to take up to four academic courses at a time
participate in academic courses equaling up to at least one
quarter of the school day for full-time students , PURSUANT TO
THE POLICIES AND PROCEDURES OF THE SCHOOL DISTRICT OF RESIDENCE,
ON THE SAME BASIS AS OTHER STUDENTS ENROLLED IN THE SCHOOL
DISTRICT, provided that the child:
(i) meets the eligibility criteria or their equivalent for
participation in the cocurricular or academic course that apply
to students enrolled full time in the school district;
(ii) meets the prerequisite criteria or their equivalent for
participation in the cocurricular or academic course that apply
to students enrolled full time in the school district; and
(iii) complies with all policies, rules and regulations or
their equivalent of the cocurricular or academic course SCHOOL
DISTRICT OF RESIDENCE .
(2) For the purposes of this subsection, the school district
of residence shall provide the grade for each cocurricular or
academic course to the home education program supervisor, who
shall be responsible for maintaining the material in the
portfolio of records.
(3) The parent/guardian parent or legal guardian of the
child shall be responsible for transportation of the child to
and from school for the selected courses, except that a home
school education student may utilize district transportation to
or from school during the times a bus is otherwise already
operating AND SPACE IS AVAILABLE .
(4) A board of school directors may adopt a policy to
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implement the requirements of this subsection. A policy under
this paragraph may require that the cocurricular or academic
courses taken under paragraph (1) be taken consecutively during
the school day if the school or a child's parent or legal
guardian is not able to provide adequate supervision for the
child between cocurricular and academic courses. The policy
shall only apply to participation in cocurricular or academic
courses and shall not conflict with any provisions of this
section.
(5) A HOME EDUCATION STUDENT ENROLLED IN A COCURRICULAR
ACTIVITY OR ACADEMIC COURSE IN THE STUDENT'S SCHOOL DISTRICT OF
RESIDENCE SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP OF
THE SCHOOL DISTRICT OF RESIDENCE AND SHALL BE CALCULATED BY
COUNTING THE TIME THE HOME EDUCATION STUDENT SPENDS IN THE
PUBLIC SCHOOL PROGRAM ON A PRO RATA BASIS.
(f.3) (1) Beginning January 1, 2022, WITH THE 2021-2022
2023-2024 SCHOOL YEAR and each school year thereafter, the
school district of residence shall develop policies and
procedures consistent with the enrollment OR SEAT ALLOCATION
provisions of the written agreement among the participating
school districts which established the career and technical
education program CENTER, OR IN THE CASE OF A SCHOOL DISTRICT
OPERATED CAREER AND TECHNICAL EDUCATION PROGRAM, THE SCHOOL
DISTRICT OF RESIDENCE SHALL DEVELOP POLICIES AND PROCEDURES
CONSISTENT WITH SUBSECTION (F.2), to permit a home schooled
education student to participate in a career and technical
education program on the same basis as other students enrolled
in the school district, provided that the child:
(i) meets the eligibility criteria or their equivalent for
participation in the career and technical education program that
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apply to students enrolled full time in the school district;
(ii) meets the prerequisite criteria or their equivalent for
participation in the career and technical education program that
apply to students enrolled full time in the school district; and
(iii) complies with all policies, rules and regulations or
their equivalent of THE SCHOOL DISTRICT OF RESIDENCE AND the
career and technical education program CENTER .
(2) For the purposes of this subsection, the SCHOOL DISTRICT
OF RESIDENCE OPERATED career and technical education program OR
THE CAREER AND TECHNICAL EDUCATION CENTER shall provide the
grades to the home education program supervisor, who shall be
responsible for maintaining the material in the portfolio of
records.
(3) The home school education students may utilize district
transportation to or from the career and technical education
program during the times buses are otherwise already operating
AND SPACE IS AVAILABLE .
(4) A board of school directors may adopt a policy to
implement the requirements of this subsection. Such policy shall
only apply to participation in career and technical education
programs and shall not conflict with any provisions of this
section.
(5) A HOME EDUCATION STUDENT ENROLLED IN THE CAREER AND
TECHNICAL EDUCATION PROGRAM SHALL BE INCLUDED IN THE AVERAGE
DAILY MEMBERSHIP OF THE SCHOOL DISTRICT OF RESIDENCE AND CAREER
AND TECHNICAL CENTER, IF APPLICABLE, AND SHALL BE CALCULATED BY
COUNTING THE TIME THE HOME EDUCATION STUDENT SPENDS IN THE
CAREER AND TECHNICAL EDUCATION PROGRAM ON A PRO RATA BASIS.
(f.4) Nothing in subsections (f.2) and (f.3) shall prohibit
a school district or a career and technical center from
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establishing policies that prioritize participation in courses
or programs with limited seating or enrollment.
* * *
Section 2. This act shall take effect immediately.
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