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§ 21-2134. Placement of certain adjudicated students

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: December 9, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XXI. School Districts of the First Class (Refs & Annos)
Subarticle (b). Fiscal Affairs (Refs & Annos)
Effective: December 9, 2002
24 P.S. § 21-2134
§ 21-2134. Placement of certain adjudicated students
Currentness
(a) No student returning from placement as a result of being adjudicated delinquent under 42 Pa.C.S. Ch. 631 (relating to juvenile matters) or who has been adjudged to have committed a crime under an adult criminal proceeding shall be returned directly to the regular classroom.
(b) Prior to returning such student to the regular classroom, the school district shall:
(1) Place the student in a transition center operated by the school district for a period not to exceed four (4) weeks.
(2) Develop a transition plan for the student that includes academic goals, identifies school and community services appropriate to the needs of the student and establishes terms and conditions the student must meet prior to returning to the regular classroom.
(c) The transition plan developed under subsection (b)(2) may provide for the student's direct return to a regular classroom where the underlying offense did not involve any of the following:
(i) Possession of a weapon.
(ii) Possession, use or sale of controlled substances as defined in the act of April 14, 1972 (P.L. 233, No. 64),2 known as “The Controlled Substance, Drug, Device and Cosmetic Act.”
(iii) Possession, use or sale of alcohol or tobacco by any person on school property.
(iv) An act of violence as defined in section 1310-A(h).3
(d) In the case of a student whose transition plan does not include immediate return to the regular classroom, the student shall be placed in one of the following as provided for in the student's transition plan:
(1) An alternative education program as defined in Article XIX-C.4
(2) A private alternative education institution as defined in Article XIX-E.5
(3) A general education development program.
(4) A program operating after the traditional school day.
(e)(1) Prior to the release of a student subject to this section from a residential or day treatment placement as a result of being adjudicated delinquent under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) or returning from incarceration as a result of having been adjudged to have committed a crime under an adult criminal proceeding, the court shall provide to the person designated in charge of the school district's transition center the information required in the school notification provision under 42 Pa.C.S. § 6341(b.1) (relating to adjudication).
(2) The information shall be updated by the court with information pertaining to treatment reports and supervision plans or any other information deemed necessary by the transition plan and assure appropriate placement of the student.

Credits

1949, March 10, P.L. 30, No. 14, art. XXI, § 2134, added 2002, June 29, P.L. 524, No. 88, § 19, effective in 60 days. Amended 2002, Dec. 9, P.L. 1472, No. 187, § 12, imd. effective.

Footnotes

1
42 Pa.C.S.A. § 6301 et seq.
2
35 P.S. § 780-101 et seq.
3
24 P.S. § 13-1310-A.
4
24 P.S. § 19-1901-C et seq.
5
24 P.S. § 19-1901-E et seq.
24 P.S. § 21-2134, PA ST 24 P.S. § 21-2134
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
End of Document