Bill Text: PA HB1217 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for home education program.

Spectrum: Moderate Partisan Bill (Republican 46-11)

Status: (Introduced - Dead) 2009-04-07 - Referred to EDUCATION [HB1217 Detail]

Download: Pennsylvania-2009-HB1217-Introduced.html

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PRINTER'S NO. 1444
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1217 Session of2009
INTRODUCED BY MOUL, BAKER, BENNINGHOFF, BOYD, CALTAGIRONE, CLYMER, COX, CREIGHTON, CUTLER, DENLINGER, DERMODY, FABRIZIO, GABIG, GIBBONS, GINGRICH, GROVE, HALUSKA, HANNA, HARKINS, HARRIS, HESS, HORNAMAN, KAUFFMAN, M. KELLER, KORTZ, KRIEGER, MAHER, MARSICO, METCALFE, MURT, PHILLIPS, PICKETT, PYLE, QUIGLEY, REED, REESE, REICHLEY, ROCK, ROHRER, SAYLOR, SCHRODER, SONNEY, STERN, STEVENSON, TALLMAN, J. TAYLOR, TRUE, TURZAI, YOUNGBLOOD AND READSHAW, APRIL 7, 2009
REFERRED TO COMMITTEE ON EDUCATION, APRIL 7, 2009
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," further providing for home education
program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1327.1(g), (h), (i), (j), (k) and (l) of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, added December 21, 1988 (P.L.1321, No.169),
are amended and the section is amended by adding subsections to
read:
Section 1327.1. Home Education Program.--* * *
(g) When documentation is required by this section to be
submitted to [the district of residence superintendent or] the
hearing examiner, [the superintendent or] the hearing examiner
shall return, upon completion of his review, all such
documentation to the supervisor of the home education program.
The [superintendent or] hearing examiner may photocopy all or
portions of the documentation for his files.
[(h) Such documentation required by subsection (e)(1) and
(2) shall be provided to the public school district of residence
superintendent at the conclusion of each public school year. In
addition, if the superintendent has a reasonable belief that, at
any time during the school year, appropriate education may not
be occurring in the home education program, he may, by certified
mail, return receipt requested, require documentation pertaining
to the portfolio of records and materials required by subsection
(e)(1) to be submitted to the district within fifteen (15) days;
and documentation pertaining to subsection (e)(2) to be
submitted to the district within thirty (30) days. If the tests
as required in subsection (e)(1) have not been administered at
the time of the receipt of the certified letter by the
supervisor, the supervisor shall submit the other required
documentation and shall submit the test results with the
documentation at the conclusion of the school year.]
(h.1) The home education evaluation and an evaluator's
certification that an appropriate education is occurring shall
be provided by the supervisor to the superintendent of the
public school district of residence by June 30 of each year. If
the supervisor fails to submit the certification due on June 30
to the superintendent, the superintendent shall send a letter by
certified mail, return receipt requested, to the supervisor of
the home education program, stating that the certification is
past due and notifying the supervisor to submit the
certification within ten (10) days of receipt of the certified
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letter. If the certification is not submitted within that time,
the board of school directors shall provide for a proper hearing
in accordance with subsection (k).
[(i) If the superintendent of the public school district
determines, based on the documentation provided, at the end of
or during the school year, that appropriate education is not
taking place for the child in the home education program, the
superintendent shall send a letter by certified mail, return
receipt requested, to the supervisor of the home education
program stating that in his opinion appropriate education is not
taking place for the child in the home education program and
shall return all documentation, specifying what aspect or
aspects of the documentation are inadequate.]
(i.1) If the superintendent has probable cause, at any time
during the school year, that appropriate education may not be
occurring in the home education program, the superintendent may,
by certified mail, return receipt requested, require that an
evaluation be conducted in accordance with subsection (e)(2) and
that an evaluator's certification stating that an appropriate
education is occurring, be submitted to the district by the
supervisor within thirty (30) days of the receipt of the
certified letter. If the tests, as required in subsection (e)
(1), have not been administered at the time of the receipt of
the certified letter by the supervisor, the supervisor shall
submit the other required documentation to the evaluator and the
test results to the evaluator with the documentation at the
conclusion of the school year. If the certification is not
submitted to the superintendent within thirty (30) days of
receipt of the certified letter, the board of school directors
shall provide for a proper hearing in accordance with subsection
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(k).
[(j) Upon receipt of the certified letter required by
subsection (i), the supervisor of the home education program
shall have twenty (20) days to submit additional documentation
demonstrating that appropriate education is taking place for the
child in the home education program. If documentation is not
submitted within that time, the home education program for the
child shall be out of compliance with the requirements of this
section and section 1327, and the student shall be promptly
enrolled in the public school district of residence or a
nonpublic school or a licensed private academic school.]
(j.1) If the superintendent has probable cause that the home
education program is out of compliance with any other provisions
of this section, the superintendent shall notify the supervisor
by certified mail, return receipt requested, to submit
documentation within thirty (30) days indicating that the
program is in compliance. If the documentation is not submitted
within that time, the board of school directors shall provide
for a proper hearing in accordance with subsection (k).
(k) [If the superintendent determines that the additional
documentation submitted still does not demonstrate that
appropriate education is taking place in the home education
program, he shall so notify the supervisor of the home education
program by certified mail, return receipt requested, and] If a
hearing is required under the provisions of subsection (g),
(h.1) or (i.1), the board of school directors shall provide for
a proper hearing by a duly qualified and impartial hearing
examiner within thirty (30) days. The examiner shall render a
decision within fifteen (15) days of the hearing except that he
may require the establishment of a remedial education plan
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mutually agreed to by the superintendent and supervisor of the
home education program which shall continue the home education
program. The decision of the examiner may be appealed by either
the supervisor of the home education program or the
superintendent to the Secretary of Education [or], Commonwealth
Court or court of common pleas.
(l) If the hearing examiner finds that the [documentation]
evidence does not indicate that appropriate education is taking
place in the home education program, the home education program
for the child shall be out of compliance with the requirements
of this section and section 1327, and the student shall be
promptly enrolled in the public school district of residence or
a nonpublic school or a licensed private academic school. The
home education program may continue during the time of any
appeal.
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Section 2. This act shall take effect immediately.
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