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Pennsylvania Statutes Title 24 P.S. Education § 13-1306. Non-resident inmates of children's institutions

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(a) The board of school directors of any school district in which there is located any orphan asylum, home for the friendless, children's home, or other institution for the care or training of orphans or other children, shall permit any children who are inmates of such homes, but not legal residents in such district, to attend the public schools in said district, either with or without charge for tuition, textbooks, or school supplies, as the directors of the district in which such institution is located may determine.  When any home or institution having for its purpose the care and training of children and having non-resident children under its care, is located in more than one school district, educational facilities may be provided by either district as though the institution were located wholly in that district.  If the district or districts in which the institution is located does not have facilities to accommodate the children in its schools or in a joint school of which it is a member, the board of directors shall so notify the Superintendent of Public Instruction   1 not later than July 1.  If the Superintendent of Public Instruction, after investigation, finds that neither the school district nor the joint school board, if any, can accommodate the non-resident inmates of the institution during the ensuing school term, he shall direct the district and the joint school board, if any, to enter into an agreement with another school district or joint school board to accept them on a tuition basis.

(b) Whenever non-resident children attend the public schools in such district, they shall be furnished proper transportation provided for resident children, and the district furnishing or providing the transportation shall be reimbursed in the same manner as provided for resident children.

(c) Except as provided in subsection (d), whenever a student described in this section is a suspected or identified eligible student as defined in 22 Pa. Code Chs. 14 (relating to special education services and programs) and 342 (relating to special education services and programs), the school district in which the institution is located is responsible for:

(1) providing the student with an appropriate program of special education and training consistent with this act and 22 Pa. Code Chs. 14 and 342;  and

(2) maintaining contact with the school district of residence of the student for the purpose of keeping the school district of residence informed of its plans for educating the student and seeking the advice of that district with respect to the student.

(d) The student's school district of residence and the school district in which the institution is located may agree to an arrangement of educational and procedural responsibilities other than as contained in subsection (c), provided that the agreement is in writing and is approved by the Department of Education after notice to and an opportunity to comment by the parents of the student.

(e) Nothing in this section is intended to supersede section 914.1-A   2 of this act or any other provision of law applicable to a particular type of placement.

1  Now Secretary of Education;  see 71 P.S. §§ 1037, 1038.
2  24 P.S. § 9-964.1.

Cite this article: FindLaw.com - Pennsylvania Statutes Title 24 P.S. Education § 13-1306. Non-resident inmates of children's institutions - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-24-ps-education/pa-st-sect-24-13-1306.html


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