RULES AND REGULATIONS
Title 22—EDUCATION
STATE BOARD OF EDUCATION
[22 PA. CODE CHS. 11 AND 12]
Student Attendance and Student Rights and Responsibilities
[52 Pa.B. 6844]
[Saturday, November 5, 2022]The State Board of Education (Board) amends Chapters 11 and 12 (relating to student attendance; and student rights and responsibilities) to read as set forth in Annex A in this final-omitted rulemaking.
Statutory Authority
The Board is acting under the authority of sections 2603-B(a) and 2604-B(b)(2)(v) of the Public School Code of 1949 (24 P.S. §§ 26-2603-B(a) and 26-2604-B(b)(2)(v)).
Background
Section 1326 of the Public School Code of 1949 (24 P.S. § 13-1326) sets forth a definition for ''compulsory school age'' that establishes the ages during which attendance in school is required for children. Prior to the academic year commencing after August 27, 2019, the definition of ''compulsory school age'' required children to enter school no later than age 8 and to remain in school until the student reached at least age 17, unless the child had earned a certificate of graduation from high school. In the act of June 28, 2019 (P.L. 117, No. 16) (Act 16 of 2019), the General Assembly amended the definition of ''compulsory school age'' to lower the age by which attendance in school is required from age 8 to age 6 and to raise the age for compulsory attendance in school from 17 to 18, unless the child had earned a certificate of graduation from high school. Amendments to compulsory attendance requirements enacted by Act 16 of 2019 took effect with the academic year commencing after August 27, 2019.
Need for the Rule
Provisions of the Board's regulations in §§ 11.13, 12.1(b) and 12.6(e) (relating to compulsory school age; free education and attendance; and exclusions from school) address requirements pertaining to compulsory school attendance. However, language in these provisions was not updated following the adoption of Act 16 of 2019 and continues to reference the ages for compulsory school attendance that were in effect prior to the General Assembly acting to amend the ages for compulsory attendance in Act 16. This final-omitted rulemaking is necessary to conform provisions in the Board's regulations that address requirements related to compulsory attendance with the current definition of ''compulsory school age'' in section 1326 of the Public School Code of 1949. At the same time, the Board also is acting to correct a typographical error in the text of § 12.1(b)(4) as it is currently published.
Provisions of the Final-Omitted Rulemaking
This final-omitted rulemaking amends the following provisions in Chapters 11 and 12:
§ 11.13. Compulsory school age
The Board is amending § 11.13 to reflect amendments to the definition of ''compulsory school age'' enacted by Act 16 of 2019 that lowered the age at which attendance in school is required from age 8 to age 6 and increased the age through which compulsory attendance is required from age 17 to age 18, unless a student has graduated from high school. Technical amendments to this section update references to the ages for compulsory school attendance to be consistent with the current ages for compulsory attendance established in section 1326 of the Public School Code of 1949.
§ 12.1(b). Free education and attendance
The Board is making technical amendments to § 12.1(b) to conform references to the ages for compulsory attendance with the current definition for ''compulsory school age'' established in section 1326 of the Public School Code of 1949.
§ 12.1(b)(4). Free education and attendance
The Board is making a technical amendment to § 12.1(b)(4) to correct a typographical error in the spelling of the word ''eligible'' in the text of the regulation as it is currently published.
§ 12.6(e). Exclusions from school
The Board is making a technical amendment to § 12.6(e) to conform a reference to the age for compulsory attendance with the current definition for ''compulsory school age'' established in section 1326 of the Public School Code of 1949.
Affected Parties
This final-omitted rulemaking will affect this Commonwealth's 1.7 million public school students and their parents or guardians, as well as this Commonwealth's 124,000 classroom teachers and 8,192 school administrators, by creating consistency between a term as defined in statute and referenced in related regulations.
Cost and Paperwork Estimates
This final-omitted rulemaking will not impose any costs or additional administrative requirements on students, their parents, educators or school entities. This final-omitted rulemaking contains technical amendments that make related provisions in Chapters 11 and 12 consistent with statutory requirements that are already in effect. Thus, this final-omitted rulemaking will not alter the current practice of public school entities or current requirements for parents to have their children enter and continue in school.
Effective Date
This final-omitted rulemaking will take effect upon notice or publication in the Pennsylvania Bulletin.
Sunset Date
The Board will review the effectiveness of Chapters 11 and 12 every 4 years in accordance with the Board's policy and practice respecting all of its regulations. Thus, no sunset date is necessary.
Contact Person
Persons who require additional information about this final-omitted rulemaking may submit inquiries to Karen Molchanow, Executive Director, State Board of Education, 333 Market Street, 1st Floor, Harrisburg, PA 17126, ra-stateboardofed@pa.gov.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P.S. § 745.5a(c)), on August 22, 2022, the Board submitted a copy of the final-omitted regulation and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Education and the Senate Committee on Education. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732-204(b)).
Under section 5.1(e) and (j.2) of the Regulatory Review Act (71 P.S. § 745.5a(e) and (j.2)), on October 19, 2022, the final-omitted rulemaking was deemed approved by the House and Senate Education Committees. IRRC met on October 20, 2022 and approved the final omitted rulemaking. The Office of Attorney General approved the final-omitted rulemaking on September 20, 2022.
Findings
The Board finds that:
(1) Notice of proposed rulemaking is impracticable, unnecessary and contrary to the public interest under section 204(3) of the Commonwealth Documents Law (45 P.S. § 1204(3)) and the regulations thereunder, 1 Pa. Code § 7.4(3) (relating to omission of notice of proposed rulemaking).
(2) The amendment of the regulations in the manner provided in this order is necessary and appropriate for administration of the Public School Code of 1949 (24 P.S. §§ 1-101—27-2702).
Order
Acting under the authority of the Public School Code of 1949, the Board orders that:
(a) The regulations of the Board, 22 Pa. Code Chapters 11 and 12, are amended by amending §§ 11.13, 12.1 and 12.6 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Executive Director of the Board shall submit a copy of this final-omitted rulemaking to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Executive Director of the Board shall submit this final-omitted rulemaking to IRRC and the House Education and Senate Education Committees as required by law.
(d) The Executive Director of the Board shall certify this final-omitted rulemaking, as approved for legality and form, and deposit it with the Legislative Reference Bureau as required by law.
(e) This final-omitted regulation shall take effect immediately upon publication in the Pennsylvania Bulletin.
KAREN MOLCHANOW,
Executive Director(Editor's Note: See 52 Pa.B. 6941 (November 5, 2022) for IRRC's approval order.)
Fiscal Note: 6-352. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
Subpart A. MISCELLANEOUS PROVISIONS
CHAPTER 11. STUDENT ATTENDANCE
ADMISSION TO PUBLIC SCHOOLS § 11.13. Compulsory school age.
Except as otherwise provided by law, compulsory school age refers to the period of a child's life from the time the child enters school (which may be no later than at the age of 6 years), until the age of 18 or graduation from a high school, whichever occurs first.
CHAPTER 12. STUDENTS AND STUDENT SERVICES
STUDENT RIGHTS AND RESPONSIBILITIES § 12.1. Free education and attendance.
(a) All persons residing in this Commonwealth between the ages of 6 and 21 years are entitled to a free and full education in the Commonwealth's public schools.
(b) Parents or guardians of all children between the ages of 6 and 18 are required by the compulsory attendance law to ensure that their children attend an approved educational institution, unless legally excused. Students who have not graduated may not be asked to leave school merely because they have reached 18 years of age if they are fulfilling their responsibilities as students. A student may not be excluded from the public schools or from extracurricular activities because:
(1) The student is married.
(2) The student is pregnant.
(3) The student has a disability as identified by Chapter 15 (relating to protected handicapped students).
(4) The student is an eligible student identified under Chapter 14 (relating to special education services and programs).
§ 12.6. Exclusions from school.
* * * * * (e) Students who are under 18 years of age are still subject to the compulsory school attendance law even though expelled and shall be provided an education.
(1) The initial responsibility for providing the required education rests with the student's parents or guardian, through placement in another school, tutorial or correspondence study, or another educational program approved by the district's superintendent.
(2) Within 30 days of action by the governing board, the parents or guardians shall submit to the school district written evidence that the required education is being provided as described in paragraph (1) or that they are unable to do so. If the parents or guardians are unable to provide the required education, the school entity shall, within 10 days of receipt of the notification, make provision for the student's education. A student with a disability shall be provided educational services as required by the Individuals With Disabilities Education Act (20 U.S.C.A. §§ 1400—1482).
(3) If the approved educational program is not complied with, the school entity may take action in accordance with 42 Pa.C.S. Chapter 63 (relating to the Juvenile Act) to ensure that the child will receive a proper education. See § 12.1(b) (relating to free education and attendance).
[Pa.B. Doc. No. 22-1687. Filed for public inspection November 4, 2022, 9:00 a.m.]
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