Pennsylvania Administrative Code

EXCEPTIONS § 11.51. Exceptions. The Secretary, in conformity with authority given under statute, may grant exceptions to this chapter as are necessary to adopt them to a school district’s needs. Authority The provisions of this § 11.51 issued under section 1317(a) of The Administ…

§ 11.6. Part-time enrollment of alternative education students. Students may be allowed to attend public school less than full-time because of participation in a Department approved alternative program operated by a public school or a private alternative education institution as …

§ 11.7. Religious objections. Students shall be excused from instruction as provided by § 4.4(d)(3) (relating to general policies). Authority The provisions of this § 11.7 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a)); and sections 1327, 133…

§ 11.8. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Instructional activities—The term includes the following: (i) Classroom instruction and instructional activities provided un…

§ 11.9. Prekindergarten exception. A school district may make individual exceptions to the age of prekindergarten students based upon local policy to permit the enrollment of children under age 3 and over age 5. Source The provisions of this § 11.9 adopted December 15, 2006, effe…

GENERAL PROVISIONS § 112.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act 89—Section 922.1A of the Public School Code of 1949 (24 P. S. § 9-972.1). Auxiliary services—Guidanc…

ADMINISTRATION § 112.21. Responsible agency. Intermediate units are hereby designated as the responsible public agencies for providing services and the assignment of personnel to provide auxiliary services to children in the nonpublic schools within the geographic boundaries of t…

§ 112.22. Consolidation. Two or more intermediate units may, through articles of agreement duly approved by the Secretary, designate one intermediate unit as the unit to administer the delivery of some or all services provided in this chapter for the benefit of all children atten…

§ 112.23. Eligibility. Any student, who is a resident of this Commonwealth, and whose tuition is not paid by the Commonwealth, is eligible to receive auxiliary services under this chapter if enrolled in grades K-12 inclusive in a nonpublic school.

§ 112.24. Program of services. (a) Each intermediate unit shall establish a program for nonpublic school students consisting of those auxiliary services which are provided to public school students within the school district in which the nonpublic school is located. (b) Those aux…

§ 112.25. Determination and provision of services. The program of services provided to nonpublic school students shall be determined by the intermediate unit as follows: (1) The intermediate unit shall prepare a list of auxiliary services in accordance with § 112.24 (relating to …

§ 112.26. Facilities. (a) Auxiliary services may be provided only in the following: (1) Public school buildings. (2) Facilities leased by the intermediate unit in accordance with the provisions of § § 17.11 and 17.15 (relating to capital subsidy and cost per square foot of leased…

§ 112.27. Transportation. Intermediate units shall be responsible for providing student transportation whenever the necessity arises. Costs incurred for transportation shall be charged against the Act 89 program budget.

§ 112.28. Personnel. The following provisions shall pertain to all professional employes hired by the intermediate unit for the provision of auxiliary services under this chapter: (1) Such employment shall be governed by the provisions of Chapter 49 (relating to certification of …

§ 112.29. Allocation of funds. The Secretary of Education or his designated official shall allocate to each intermediate unit during the month of July, an amount equal to the number of nonpublic school students as of October 1 of the preceding school year who are enrolled in nonp…

§ 112.30. Distribution of funds. The funds shall be distributed to intermediate units in accordance with the following schedule: (1) August 1—15% of its allocation. (2) October 1—75% of its allocation. (3) February 1—10% of its allocation.

§ 112.31. Budgeting. (a) Each intermediate unit shall budget and account for its activities under Act 89 within the program accounting system established by the Department. Annually, each intermediate unit shall submit to the Secretary of Education a preliminary budget on or befo…

§ 112.32. Evaluation of programs. The Department will evaluate all programs annually.

GENERAL PROVISIONS § 114.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: Act—The Public School Code of 1949 (24 P. S. § § 1-101—27-2702). Department—The Department of Educ…

ADMINISTRATION § 114.21. Responsible agent. The Secretary is hereby designated as the responsible agent for loaning textbooks to students enrolled in grades Kindergarten—12, inclusive, in nonpublic schools. This responsibility includes a review of textbooks, fiscal control, fund …

§ 114.22. Program operation. (a) The Chief for Nonpublic Educational Services shall distribute textbook request forms which will be of standard format no less than two weeks prior to their required submission together with an allocation of funds for this program. Each nonpublic s…

§ 114.23. Inventory. (a) Textbooks loaned to the nonpublic schools: (1) shall be maintained on an inventory by the school; and (2) if purchased by the Department under the act will be maintained on a Statewide inventory. (b) It is presumed that textbooks on loan to nonpublic scho…

§ 114.24. Administrative costs. A maximum of 5.0% of the appropriation for ‘‘textbooks’’ may be used by the Department for administration.

§ 114.25. Certificate of request. The nonpublic school or the agency of which it is a member shall be responsible for maintaining on file certificates of requests from parents of children for all textbook materials loaned to them under the act. The file shall be open to inspectio…

GENERAL PROVISIONS § 115.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Education of the Commonwealth. Instructional materials—Preprepared learning…

ADMINISTRATION § 115.21. Responsible agent. The Secretary is hereby designated as the responsible agent for loaning in- structional materials to students enrolled in nonpublic schools. This responsibility includes a review of instructional materials, fiscal control, fund accounti…

§ 115.22. Eligibility. Any student is eligible to receive instructional materials on a loan basis under this chapter who is enrolled in grades K-12 inclusive in a nonpublic school, who is a resident of this Commonwealth and whose tuition is not paid by the Commonwealth.

§ 115.23. Program procedures. (a) Parents or guardians, by use of the following form, shall request the loan of instructional materials for the use of their child enrolled as a student in a particular school: Certificate of Individual Request for Loan of Instructional Materials T…

§ 115.24. Inventory. All instructional materials purchased through funds appropriated for this program will be maintained on a Statewide inventory by the Department.

§ 115.25. Allocations. The Secretary will not be required to purchase or otherwise acquire instructional materials, the total cost of which in any school year shall exceed an amount equal to $5.00 multiplied by the number of Commonwealth resident children enrolled as of October 1…

§ 115.26. Administrative funds. (a) A maximum of 1.0% of the appropriation for the purchase of instructional materials may be used by the Secretary for administering the program. (b) Administrative funds not needed for administration shall be used for the purchase or acquisition …

§ 115.27. Program review. This program will be evaluated periodically.

STUDENT RIGHTS AND RESPONSIBILITIES § 12.1. Free education and attendance. (a) All persons residing in this Commonwealth between the ages of 6 and 21 years are entitled to a free and full education in the Commonwealth’s public schools. (b) Parents or guardians of all children bet…

§ 12.10. Flag Salute and the Pledge of Allegiance. It is the responsibility of every citizen to show proper respect for his country and its flag. (1) Students may decline to recite the Pledge of Allegiance and may refrain from saluting the Flag on the basis of personal belief or …

§ 12.11. Hair and dress. (a) The governing board may establish dress codes or require that students wear school uniforms. Policies may apply to individual school buildings or to all school buildings. (b) Students have the right to govern the length or style of their hair, includi…

§ 12.12. Confidential communications. (a) Use of a student’s confidential communications to school personnel in legal proceedings is governed by statutes and regulations appropriate to the proceeding. See, for example, 42 Pa.C.S. § 5945 (relating to confidential communications to…

§ 12.14. Searches. (a) The governing board of every school entity shall adopt reasonable policies and procedures regarding student searches. The local education agency shall notify students and their parents or guardians of the policies and procedures regarding student searches. …

§ 12.16. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Corporal punishment—A form of physical discipline that is intended to cause pain and fear and in which a student is spanked…

§ 12.2. Student responsibilities. (a) Student responsibilities include regular school attendance, conscientious effort in classroom work and homework, and conformance to school rules and regulations. Most of all, students are responsible to share with the administration and facul…

§ 12.3. School rules. (a) The governing board has the authority to make reasonable and necessary rules governing the conduct of students in school. The rulemaking power, however, is not unlimited; it must operate within statutory and constitutional restraints. A governing board h…

STUDENT RECORDS § 12.31. General requirements. (a) The governing board of every school entity shall adopt a plan for the collection, maintenance and dissemination of student records (b) Copies of the adopted plan shall be maintained by the school entity and updated as required by…

§ 12.32. Elements of the plan. The plan for student records must conform with applicable State and Federal laws, regulations and directives identified in guidelines issued by the Department. Authority The provisions of this § 12.32 amended under section 2603-B of The Public Schoo…

§ 12.4. Discrimination. Consistent with the Pennsylvania Human Relations Act (43 P. S. § § 951—963), a student may not be denied access to a free and full public education, nor may a student be subject to disciplinary action on account of race, sex, color, religion, sexual orient…

SERVICES TO STUDENTS § 12.41. Student services. (a) Each school entity shall prepare a written plan for the implementation of a comprehensive and integrated K-12 program of the student services based on the needs of its students. The plan shall be prepared and revised in accordan…

§ 12.42. Student assistance program. School entities shall plan and provide for a student assistance program under section 1547(g) of the Public School Code of 1949 (24 P.S. § 15-1547(g) regarding alcohol, chemical and tobacco abuse program). Authority The provisions of this § 12…

§ 12.5. Corporal punishment. (a) Corporal punishment is defined as physically punishing a student for an infraction of the discipline policy. Use of corporal punishment is prohibited. (b) Teachers and school authorities may use reasonable force under the following circumstances: …

§ 12.6. Exclusions from school. (a) The governing board shall define and publish the types of offenses that would lead to exclusion from school. Exclusions affecting certain students with disabilities shall be governed by § 14.143 (relating to disciplinary placements) and 34 CFR …