Rule 148. Educational Stability and Removal From Home.
(A) General Rule. Any order resulting in the removal of the juvenile from home or a change in placement shall address the educational stability of the juvenile.
(B) School of Origin. Subject to statute, a juvenile removed from home shall remain in their school of origin unless the court finds remaining in the school of origin is not in the juvenile’s best interest or protective of the community. If the court finds that it is not in the best interest for the juvenile or protective of the community to remain in the school of origin, then the court may order the juvenile to be enrolled in another school that best meets the juvenile’s needs.
(C) Another School. Subject to statute, if a court orders the juvenile to be enrolled in another school pursuant to paragraph (B), then the juvenile shall attend a public school unless the court finds that a public school is not in the best interest of the juvenile or protective of the community.
Comment This rule is intended to apply at any point in a delinquency proceeding when the juvenile is removed from home, including pre-dispositional detention placement and post-dispositional modification resulting in the juvenile’s out of home placement or a change to that placement. This rule is intended to complement rather than supersede the requirements of Rule 512(D)(6).
In paragraph (B), the best interest determination should be based on factors including the appropriateness of the current educational setting considering the juvenile’s needs, the proximity of the school of origin relative to the placement location, and the protection of the community. This paragraph is intended to facilitate educational stability while the juvenile remains under the jurisdiction of the Juvenile Court and to codify the presumption that a juvenile is to remain in their school of origin absent evidence that it is not in the best interest of the juvenile or protective of the community to do so.
In paragraph (C), circumstances indicating that it may not be in the best interest for the juvenile to attend a public school includes the security and safety of the juvenile and treatment needs. Paragraph (C) is intended to codify the presumption that a juvenile is to attend public school while in placement absent evidence demonstrating that it is not in the best interest of the juvenile or protective of the community to do so. The bundling of residential services and educational services should not be permitted without a court order authorizing such.
The application of paragraphs (B) and (C) is subject to statute governing the enrollment of a juvenile adjudicated of certain sexual assault acts committed upon another student enrolled in the same public school entity. See 24 P.S. § 13-1318.1; 18 Pa.C.S. § § 3121, 3122.1, 3123, 3124.1, 3125, 3126.
For release of information to school, see Rule 163.
Official Note
Rule 148 adopted December 21, 2018, effective May 1, 2019. Amended November 30, 2021, effective April 1, 2022.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 148 published with the Court’s Order at 49 Pa.B. 208 (January 12, 2019).
Final Report explaining the provisions of Rule 148 published with the Court’s Order at 49 Pa.B. 610 (February 9, 2019).
Final Report explaining the amendments to Rule 148 published with the Courts’ Order at 51 Pa.B. 7627 (December 11, 2021).
Source The provisions of this Rule 148 adopted December 21, 2018, effective May 1, 2019, 49 Pa.B. 208, 610; amended November 30, 2021, effective April 1, 2022, 51 Pa.B. 7627. Immediately preceding text appears at serial pages (395837) to (395838).
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