SB 139 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, providing for exception from compulsory education for certain children with disabilities.

PRINTER'S NO.   85

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 139
                                                Session of
                                                  2025

     INTRODUCED BY ARGALL, FONTANA, BROOKS, BROWN, BAKER, PENNYCUICK
        AND STEFANO, JANUARY 22, 2025

     REFERRED TO EDUCATION, JANUARY 22, 2025


                                    AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," in pupils and attendance, providing
 6      for exception from compulsory education for certain children
 7      with disabilities.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of March 10, 1949 (P.L.30, No.14), known
11   as the Public School Code of 1949, is amended by adding a
12   section to read:
13      Section 1330.1.    Exception from Compulsory Education for
14   Certain Children with Disabilities.--(a)    Beginning with the
15   2025-2026 school year, a parent or guardian of a child six (6)
16   years of age who is required to attend school in this
17   Commonwealth for the first time may submit to the department a
18   request for a waiver from the requirements of compulsory
19   attendance under this act for the child if all of the following
20   requirements are met:
 1      (1)   The child has been clinically diagnosed with autism
 2   spectrum disorder by a qualified medical professional.
 3      (2)   The child has been assessed in the last six (6) months
 4   by a qualified medical professional and has been clinically
 5   recommended for continued intensive early intervention services
 6   based on the child's development and functional skill set.
 7      (3)   The parent or guardian provides proof that early
 8   intervention services will be provided to the child for the term
 9   of the waiver.
10      (b)   Upon receipt of a waiver request under subsection (a),
11   the department shall notify the school district of residence.
12      (c)   If the requirements of subsection (a) are met, the
13   department shall approve the waiver for a period not to exceed
14   one (1) year and send an approval letter to the parent or
15   guardian and school district of residence.
16      (d)   The parent or guardian of a child whose request for a
17   waiver has been approved by the department under subsection (c):
18      (1)   shall retain the right to enroll the child in the school
19   district of residence at any time during the school year; and
20      (2)   is not eligible for compensatory education for time the
21   child is not enrolled in the school district of residence during
22   the waiver period.
23      (e)   During the waiver period, the child shall be considered
24   an "eligible young child" under the act of December 19, 1990
25   (P.L.1372, No.212), known as the Early Intervention Services
26   System Act, for the purposes of receiving early intervention
27   services.
28      (f)   At the end of the waiver period, a parent or guardian
29   may enroll the child in kindergarten or first grade for the next
30   school year.

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1      (g)     The department shall issue guidelines to implement this
2   section within thirty (30) days of the effective date of this
3   section.
4      Section 2.    This act shall take effect immediately.




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