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§ 19-1901-C. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 24 P.S. EducationEffective: December 30, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 24 P.S. Education
Chapter 1. Public School Code of 1949 (Refs & Annos)
Article XIX-C. Disruptive Student Programs (Refs & Annos)
Effective: December 30, 2019
24 P.S. § 19-1901-C
§ 19-1901-C. Definitions
For purposes of this article, the following terms shall have the following meanings:
(1) “Alternative education program” or “program.” Any applicant's program applying for funds under this article, which program is implemented by a school district, an area career and technical school, a group of school districts or an intermediate unit, which removes disruptive students from regular school programs in order to provide those students with a sound educational course of study and counseling designed to modify disruptive behavior and return the students to a regular school curriculum. Notwithstanding section 1502,1 alternative education programs may operate outside the normal school day of the applicant district, including Saturdays. School districts and private alternative education institutions operating pursuant to the provisions of Article XIX-E2 shall adopt a policy for periodic review of those students placed in their respective alternative education program for disruptive students. This review shall occur, at a minimum, at the end of every semester the student is in the program or more frequently at the district's or private alternative education institution's discretion. The purpose of this review is to determine whether or not the student is ready to return to the regular school curriculum. Programs may include services for students returning from placements or who are on probation resulting from being adjudicated delinquent in a proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) or who have been judged to have committed a crime under an adult criminal proceeding.
(2) “Applicant.” A school district, a combination of school districts or a charter school that provides an alternative education program within or to a chartering school district or school districts as the central mission of its charter and that applies for funds under this article.
(3) “Community resources.” Those agencies and services for children and youth provided by the juvenile court and the Department of Health and the Department of Public Welfare3 and other public or private institutions.
(4) “Department.” The Department of Education of the Commonwealth.
(5) “Disruptive student.” A student who poses a clear threat to the safety and welfare of other students or the school staff, who creates an unsafe school environment or whose behavior materially interferes with the learning of other students or disrupts the overall educational process. The disruptive student exhibits to a marked degree any or all of the following conditions:
(i) Disregard for school authority, including persistent violation of school policy and rules.
(ii) Display or use of controlled substances on school property or during school-affiliated activities.
(iii) Violent or threatening behavior on school property or during school-affiliated activities.
(iv) Possession of a weapon on school property, as defined under 18 Pa.C.S. § 912 (relating to possession of weapon on school property).
(v) Commission of a criminal act on school property or during school-affiliated activities.
(vi) Misconduct that would merit suspension or expulsion under school policy.
No student who is eligible for special education services pursuant to the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) shall be deemed a disruptive student for the purposes of this act, except as provided for in 22 Pa. Code § 14.35 (relating to discipline).
(6) “School.” Any school classified by the Department of Education as a middle school, junior high school, senior high school or area career and technical school.
(7) “Secretary.” The Secretary of Education of the Commonwealth.

Credits

1949, March 10, P.L. 30, No. 14, art. XIX-C, § 1901-C, added 1997, June 25, P.L. 297, No. 30, § 11, retroactive effective July 1, 1996. Amended 2002, June 29, P.L. 524, No. 88, § 17, effective July 1, 2002; 2008, July 9, P.L. 846, No. 61, § 19, retroactive effective July 1, 2008; 2016, Nov. 3, P.L. 1061, No. 138, § 9, imd. effective; 2019, Oct. 30, P.L. 460, No. 76, § 49, effective in 60 days [Dec. 30, 2019].

Footnotes

24 P.S. § 15-1502.
24 P.S. § 19-1901-E et seq.
Now Department of Human Services; see 62 P.S. § 103.
24 P.S. § 19-1901-C, PA ST 24 P.S. § 19-1901-C
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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