How HB 2560 would read if it left the home education law intact and instead added a new option called Non-Institutional Private Education
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 non-institutional private education program.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Sections 1327(e) and 1327.2 are added to the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949:
Section 1327. Compulsory School Attendance.--* * *
(e) Instruction to children of compulsory school age provided in a non-institutional private education program, as provided for in section 1327.2 of this act, shall be considered as complying with the provisions of this section. The supervisor of a non-institutional private 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 non-institutional private 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 1327.2. Non-institutional Private 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 non-institutional private education program.
(c) Notwithstanding the subjects enumerated in subsection (f), this section does not require the non-institutional private 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 non-institutional private 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 non-institutional private education program.
(e) Each year, a parent, guardian or custodian who elects to supervise instruction in a non-institutional private education program shall notify in writing the superintendent of the school district of residence within thirty (30) days of establishing the education program. The notice need only contain the name, residence address and age of each child who shall be enrolled in the non-institutional private education program and the name of the supervisor of the non-institutional private 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 non-institutional private education program.
(f) A child who is enrolled in a non-institutional private 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 non-institutional private 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 non-institutional private 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 non-institutional private 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 non-institutional private 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.