Bill Text: PA HB1283 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for educational guardianship.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-04-05 - Referred to CHILDREN AND YOUTH [HB1283 Detail]

Download: Pennsylvania-2011-HB1283-Introduced.html

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PRINTER'S NO. 1419
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1283 Session of2011
INTRODUCED BY YOUNGBLOOD AND CRUZ, APRIL 5, 2011
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 5, 2011
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, providing for educational
guardianship.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5148. Educational guardianship.
(a) Appointment of guardian.--A parent, legal guardian or
legal custodian may authorize an adult person in whose care a
minor has been entrusted to exercise all rights and
responsibilities regarding the enrollment in school and
education of the minor, including the rights provided under the
special education laws, provided that there is no prior order of
any court in any jurisdiction which would prohibit the parent,
legal guardian or legal custodian from exercising any of the
powers that may be conveyed to another person.
(b) Form.--Any written form that is signed by the parent,
legal guardian or legal custodian may be used to convey the
authority described in subsection (a). The following form may be
used and its inclusion in this section shall not be construed to
preclude the use of alternative language:
EDUCATIONAL GUARDIANSHIP FORM
(PUT A LINE THROUGH ALL PROVISIONS THAT ARE NOT APPLICABLE)
( ) I am the parent of the child(ren) named below and there are no court orders now in effect which would prevent me from giving the powers listed in this document;
( ) I am the legal guardian or legal custodian of the child(ren) listed below, pursuant to a court order (a copy of which is attached if available), and there are no other court orders now in effect which would prohibit me from exercising the power I seek to convey in this document.
I am temporarily giving to ( Name ), an adult
who resides at ( Address ), the right to
exercise all my rights in the education of the child(ren) listed
below, including, but not limited to, the right to sign all
documents necessary to enroll or maintain the child(ren) in
school, all rights necessary to secure and approve or disapprove
special education services for the child(ren) and the right to
review, copy and correct records for the child(ren). The
children these rights apply to are:
(Name and Date of Birth) (Name and Date of Birth)
(Name and Date of Birth) (Name and Date of Birth)
I am giving this authorization freely and knowingly in order
to provide for the child(ren) while they are in the care of the
adult named above and not due to pressure, threats or offers of
payment by any person or agency.
Notification of intent to end or change this authorization
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must be in writing.
(If you wish to make an agreement about how to end or change
these rights, you may fill in or change this paragraph. If you
do not wish to make that kind of agreement, cross out this
paragraph).
Upon notification of my intention to revoke this
authorization, there shall be a period of 30 days before that
revocation takes effect.
I hereby swear or affirm that the above statements are true.
I understand that false statements are made subject to the
penalties of 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities).
(Name ) (Date )
(c) Use by educational entity.--
(1) A conveyance of authority described in subsection
(a) which is consistent with the requirements of subsection
(b) shall be honored by any school district, intermediate
unit or other public education entity.
(2) Notwithstanding subsection (e), the existence of a
conveyance of authority described in and consistent with the
requirements of subsection (b) creates a presumption that the
authority has been lawfully conveyed.
(d) Revocation of guardianship.--
(1) A conveyance of authority as described in subsection
(b) is revocable at will unless other terms are agreed upon
by the parent, legal guardian or legal custodian and the
adult to whom authority is being conveyed.
(2) The parties may provide for terms in writing which
may require the revocation of authority to be in writing,
make revocation effective only when a specified time period
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has elapsed after notification of intent to revoke or any
other terms that the parties deem appropriate.
(e) Dependency proceedings.--
(1) This section shall not be construed as a substitute
for dependency proceedings conducted under 42 Pa.C.S. Ch. 63
(relating to juvenile matters).
(2) The execution of a conveyance of authority described
in subsection (b) shall not be binding in a custody or
dependency proceeding.
(3) Regardless of the execution of a document in
accordance with this section, a custody or dependency
determination shall be based upon the best interests of the
child or other applicable standard in accordance with law.
Section 2. This act shall take effect in 60 days.
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