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