Pennsylvania Consolidated & Unconsolidated Statutes
Act 1 - PUBLIC SCHOOL CODE OF 1949 - ASSISTING STUDENTS EXPERIENCING EDUCATION INSTABILITY

Session of 2022
No. 2022-1
 
SB 324
 
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, providing for assisting students experiencing
education instability.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  The act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949,
is amended by adding a section to read:

Section 1331.1.  Assisting Students Experiencing Education Instability.--(a)  Beginning in the 2021-2022 school year and each school year thereafter, a school entity
receiving a student who has experienced education instability shall:

(1)  Assign a point of contact to the student experiencing education instability. A school
entity may satisfy the requirement under this paragraph by assigning the duties under
subsection (b) to an existing point of contact established by the school entity. The
name and contact information of the point of contact shall be:

(i)  Included in the student's education records.
(ii)  Provided to the student's education decision maker.
(2)  Develop policies and procedures to apply full or partial credit for coursework that
is satisfactorily completed at, and reflected in the student's records when received
from, a prior school entity by a student that enrolls at the receiving school entity.

(3)  Not penalize a student for a school uniform or dress code violation related to a delay
in obtaining a uniform.

(4)  Waive each fee that would otherwise be assessed against the student. The receiving
school entity may not limit a student's participation in school-sponsored and extracurricular
activities due to a waiver of the participation fees.

(5)  Allow the student to participate in any school-sponsored or extracurricular activity
for which the student meets placement and qualification requirements.

(b)  A point of contact, in consultation with the school counselor, school social worker,
home and school visitor or school psychologist and the student's IEP team or 504 Service
Coordinator, shall:

(1)  Facilitate a student's expedited consultation with the school counselor or other mental
health professionals, as appropriate.

(2)  Facilitate the prompt placement of a student in the appropriate courses.
(3)  Connect the student with appropriate education services.
(4)  Immediately request the prior school entity, county agency and the student's education
decision maker to provide the complete student information and records, including
an IEP or 504 service agreement, if applicable. Within ten (10) business days, the
prior school entity located within this Commonwealth shall provide the requested student
information and records to ensure proper transfer of course credits, grades and an
IEP, if applicable.

(5)  Develop and execute a graduation plan in collaboration with a student in grades nine
through twelve to support the student in graduating. The graduation plan shall be
included in the student's education records.

(c)  A school entity shall work to ensure that a student experiencing education instability
graduates in a timely manner. The following shall apply:

(1)  A school entity may waive a specific course required for graduation for a student
in grades nine through twelve if similar course work has been satisfactorily completed
in another school entity or a student has demonstrated competency in the content area.
The receiving school entity may consider as evidence in determining whether coursework
has been satisfactorily completed and the amount of credit to award for coursework
through any of the following:

(i)  demonstration of competency by the student;
(ii)  performance by a student on an examination;
(iii)  successful completion of a career and technical education course; or
(iv)  any other evidence or method which is determined to be appropriate by the school entity.
(2)  If the receiving school entity does not waive a specific course required for graduation
of a student, the receiving school entity shall provide an alternative or modified
course of study that is currently offered to any student and that will assist a student
with acquiring the required work or competency requirements by the student's anticipated
graduation date.

(3)  If a student is ineligible to graduate from the receiving school entity, the receiving
school entity may request a high school diploma from the prior school entity and the
prior school entity may issue a diploma if the student meets the prior school entity's
graduation requirements.

(4)  Notwithstanding any provision of this act, for a student with a disability, the school
entity shall comply with all applicable laws and regulations regarding student evaluation,
placement and graduation. If responsibilities under this subsection overlap or conflict
with the requirements for a student with an IEP or a 504 service agreement, the school
shall implement the requirements specific to a student with a disability under applicable
laws.

(5)  After exhausting all other options under this section, a student who has successfully
satisfied the requirements of section 121(c), (c.1) or (c.3) in any school year in
which demonstration of proficiency on a Keystone Exam is required for high school
graduation, but who cannot obtain a diploma from a receiving school entity, shall
as a last resort be eligible to obtain a Statewide secondary school diploma, known
as the Keystone Diploma, issued by the department. The point of contact shall assist
the student in obtaining the Keystone Diploma.

(6)  Notwithstanding any provision of this act or any other law or regulation, a high school
diploma awarded by the department under paragraph (5) shall be considered as having
each of the rights and privileges afforded by the Commonwealth, a Commonwealth agency,
including the Pennsylvania Higher Education Assistance Agency, a political subdivision,
a local agency and an authority or instrumentality of the Commonwealth or a political
subdivision to a high school diploma awarded under this act. For a diploma awarded
by the department, the following shall apply:

(i)  The student receiving the diploma shall have completed all the requirements under
paragraph (5) while enrolled in a school entity that is in compliance with this section.

(ii)  The diploma shall be awarded to the student on a standardized form to be developed
by the department and which shall be made available on the department's publicly accessible
Internet website.

(d)  The department, in consultation with the Department of Human Services, shall issue
guidelines and best practices within one hundred eighty (180) days of the effective
date of this section to assist school entities in implementing the provisions of this
section and facilitate the transition between school entities. The guidelines issued
under this subsection shall be posted on the department's publicly accessible Internet
website.

(e)  As used in this section, the following words and phrases shall have the meanings given
to them in this subsection unless the context clearly indicates otherwise:

"504 service agreement."  An agreement under section 504 of the Rehabilitation Act of 1973 (Public Law 93-112,
29 U.S.C. § 701 et seq.).

"County agency."  As defined under 23 Pa.C.S. § 6303 (relating to definitions).
"Education decision maker."  An individual with the authority to make education decisions for a student experiencing
education instability.

"Education instability."  One or more changes in school entity enrollment during a single school year as a result
of any of the following:

(1)  Homelessness as defined in the McKinney-Vento Homeless Assistance Act (Public Law
100-77, 101 Stat. 482) and as determined by the school entity.

(2)  An adjudication:
(i)  of dependency under 23 Pa.C.S. Ch. 63 (relating to child protective services) and
42 Pa.C.S. Ch. 63 (relating to juvenile matters);

(ii)  of delinquency under 23 Pa.C.S. Ch. 63 and 42 Pa.C.S. Ch. 63, if the parent or guardian
of the student wishes to disclose the adjudication of delinquency; or

(iii)  as part of court-ordered services under a voluntary placement or custody agreement.
"Graduation plan."  A student-specific plan detailing the courses necessary for a student to graduate
high school and to successfully transition to postsecondary education or the workforce.

"IEP."  An individualized education plan developed in accordance with 22 Pa. Code § 14.131
(relating to IEP) and the Individuals with Disabilities Education Act (Public Law
91-230, 20 U.S.C. § 1400 et seq.).

"School entity."  Any of the following:
(1)  A school district.
(2)  A charter school.
(3)  A cyber charter school.
(4)  A regional charter school.
(5)  An intermediate unit.
(6)  A career and technical school.
"Student."  A student in grades kindergarten through grade twelve who has experienced education
instability.

Section 2.  This act shall take effect immediately.
 
APPROVED--The 26th day of January, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes