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PRINTER'S NO. 2058
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1727
Session of
2023
INTRODUCED BY SCIALABBA, M. MACKENZIE, R. MACKENZIE, HAMM,
LEADBETER, ROWE, MARCELL, BERNSTINE, STAMBAUGH, ECKER, GILLEN
AND KEEFER, SEPTEMBER 29, 2023
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 29, 2023
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 duties and powers of boards of
school directors, providing for parental notification and
permission for participation in clubs and organizations.
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 511.1. Parental Notification and Permission for
Participation in Clubs and Organizations.-- (a) In addition to
the requirements of section 511, the governing board of a school
entity shall include in the student code of conduct adopted in
accordance with 22 Pa. Code § 12.3 (relating to school rules)
information regarding school clubs and organizations as
described under subsection (b). The information shall also be
provided to parents or legal guardians in a manner that is most
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commonly used for other communications to parents or legal
guardians and shall be posted on the school entity's publicly
accessible Internet website at least two weeks prior to the
start of the school year or, for a club or organization that is
created after the start of the school year, at least two weeks
prior to the first meeting or activity of the club or
organization.
(b) The following information shall be provided to students
and parents or legal guardians of students for a club or
organization:
(1) A statement that a student may not participate in the
club or organization without the written permission of the
student's parent or legal guardian.
(2) The name of the club or organization.
(3) The mission or purpose of the club or organization with
sufficient detail to clearly describe the meetings and
activities of the club or organization.
(4) The name of the faculty advisor for the club or
organization.
(5) A description of past or planned meetings and
activities, including a description of meetings and activities
during the immediately preceding school year and a description
of meetings and activities planned for the current or upcoming
school year with sufficient detail to clearly describe the
meetings and activities.
(6) A statement that a parent or legal guardian has the
right to attend a meeting or activity of a club or organization
unless good cause for the exclusion of the parent or legal
guardian is documented by the governing board of the school
entity.
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(7) A statement that a parent or legal guardian has a
private right of action against the governing board of a school
entity for wrongful exclusion.
(c) (1) The governing board of a school entity may not
permit a student to participate in a club or organization
without specific written permission from the parent or legal
guardian of the student for each club or organization.
(2) The parent or legal guardian may, at any time, withdraw
permission in writing. Unless otherwise specified in writing,
the withdrawal of permission shall take effect immediately upon
delivery to a school official.
(3) The school entity shall provide a written procedure and
a sample consent or withdrawal form in the school administration
office and on its publicly accessible Internet website, if the
school entity has one, for a parent or legal guardian to provide
or withdraw permission for the student of the parent or legal
guardian to participate or withdraw from participation in a club
or organization. The consent or withdrawal form shall not be
drafted or presented in a manner that makes it more complicated
to withhold or revoke consent than it is to grant consent.
(d) For a club or organization created after the start of
the school year, the governing board of a school entity may
accept written permission from a parent or legal guardian of a
student only after the information required by subsection (b)
has been provided in advance, as required by subsection (a), to
the parents or legal guardians of all enrolled students.
(e) The meetings and activities of a club or organization
must be conducted consistent with the information required under
subsection (b).
(f) A parent or legal guardian of a student may not be
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prohibited from attending a meeting or activity of a club or
organization in which the student participates except for good
cause which shall be documented by the governing board of the
school entity and provided in writing to the parent or legal
guardian.
(g) A parent or legal guardian of a student who has given
permission in accordance with this section for the student to
participate in a club or organization and who reasonably
believes that the parent or legal guardian has been denied
attendance at the meeting or activity without good cause has a
private right of action against the governing body of the school
entity.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Club or organization" shall mean a group of students who
wish to organize and meet for a common goal, objective or
purpose and which group is under the direct sponsorship,
direction and control of the school entity. The term includes an
activity reasonably related to the group, but does not include
an event held under the sponsorship of a school entity that
involves its students in competition between individuals or
groups representing two or more school entities. The term shall
include cheerleading, band and chorus.
"Governing board" shall mean the board of directors or board
of trustees of a school entity.
"School entity" shall mean a school district, intermediate
unit, area career and technical school, charter school, regional
charter school or cyber charter school.
"School official" shall include a teacher, school principal,
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school administrator or a designee.
Section 2. This act shall take effect in 60 days.
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