PRINTER'S NO. 3799
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
N o. 2560 Session of 2002
INTRODUCED BY ROHRER, PETRARCA, ARMSTRONG, E. Z. TAYLOR,
M. BAKER, BARRAR, BASTIAN, BIRMELIN, CLYMER, COLEMAN,
CREIGHTON, CRUZ, DAILEY, EGOLF, FEESE, FICHTER, FORCIER,
GABIG, GODSHALL, HERSHEY, HORSEY, LaGROTTA, LEH, LYNCH,
McNAUGHTON, METCALFE, ROBINSON, STERN, R. STEVENSON, TURZAI,
WILT, YEWCIC, YOUNGBLOOD, ALLEN, T. STEVENSON AND PISTELLA,
MAY 1, 2002
REFERRED TO COMMITTEE ON EDUCATION, MAY 1, 2002
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 compulsory
school attendance and for a home education program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1327(d) and 1327.1 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 to
read:
Section 1327. Compulsory School Attendance.--* * *
(d) Instruction to children of compulsory school age
provided in a home education program, as provided for in section
1327.1 of this act, shall be considered as complying with the
provisions of this section.
The supervisor of a home education program may request that the
school district or intermediate unit of residence provide
special education and related services that address the specific
needs of the exceptional student in the home education program.
When the provision of services is agreed to by the
supervisor, all services
shall be provided in the public schools
or in a private school licensed to provide such programs and services.
Section 1327.1. Home Education Program.--
(a) It is the policy of the Commonwealth of Pennsylvania to
preserve the primary right and the obligation of parents,
guardians or other persons having legal custody of a child to
choose the education and training for the child.
(b) Nothing in this section shall be construed to grant by
implication or otherwise to the Commonwealth of Pennsylvania or
any of its officers, agencies or subdivisions any right or
authority to control, manage, approve, supervise or make any
suggestion, rule, standard, regulation, policy, procedure or
requirement as to the control, management or supervision of a
home education program.
(c) Notwithstanding the subjects enumerated in subsection
(f), this section does not require the home education program to
include in its curriculum any concept, topic or practice in
conflict with a parent's, guardian's or custodian's religious
beliefs or to exclude from its curriculum any concept, topic or
practice consistent with the parent's, guardian's or custodian's
religious beliefs.
(d) A home education program shall be defined as instruction
primarily supervised by the parent, guardian or custodian of the
child. The parent, guardian or custodian shall be the supervisor
of the home education program.
(e) Each year, a parent, guardian or custodian who elects to
supervise instruction in a home education program shall notify
in writing the superintendent of the school district of
residence within thirty (30) days of establishing the program.
The notice need only contain the name, residence address and age
of each child who shall be enrolled in the home education
program and the name of the supervisor of the home education
program who shall be responsible for supervising the
instruction. A parent, guardian or custodian shall notify in
writing the superintendent within thirty (30) days of the
termination of the home education program.
(f) A child who is enrolled in a home education program and
whose education is therefore under the direct supervision of the
child's parent, guardian or other person having legal custody
shall be deemed to have met the requirements of section 1327 if
the home education program provides a minimum of one hundred
eighty (180) days of instruction or nine hundred (900) hours of
instruction per year at the elementary level, and one hundred
eighty (180) days of instruction or nine hundred ninety (990)
hours per year at the secondary level.
(1) The following subjects shall be taught each year to
every student enrolled in a home education program of compulsory
school age through grade eight in the English language and from
English texts or resources: English, to include spelling,
reading and writing; mathematics; science; health; physical
education; art; and music. These subjects may be taught as
separate subjects or integrated into other appropriate subjects.
The following subjects shall be taught for at least one academic
year to every student of compulsory school age through grade
eight: history of the United States, history of Pennsylvania,
geography, civics and safety education. These subjects may be
taught as separate subjects or integrated into other appropriate
subjects.
(2) At the secondary school level, grade nine through
completion, the following courses shall be taught: English, to
include language, literature, speech and composition; science;
geography; social studies, to include civics, world history,
history of the United States and history of Pennsylvania;
mathematics; art; music; physical education; health; and safety
education. The courses of study may include, at the discretion
of the supervisor of the home education program, economics,
biology, chemistry, foreign languages, algebra, geometry,
trigonometry and other age-appropriate courses. The following
minimum courses at the secondary school level, grade nine
through completion, are established as a requirement for
graduation in a home education program:
(i) Four years or equivalent credits of English.
(ii) Three years or equivalent credits of mathematics.
(iii) Three years or equivalent credits of science.
(iv) Three years or equivalent credits of social studies.
(v) Two years or equivalent credits of arts and humanities.
(g) A student who has completed the graduation requirements
set forth in subsection (f) shall no longer be subject to this
section or to the compulsory attendance laws of this
Commonwealth. Such student shall for all purposes be considered
a high school graduate and shall receive all the rights,
benefits and privileges pertaining thereto.
Section 2. This act shall take effect immediately.