Section 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 between the ages of 8 and 17 are required by the compulsory attendance law to ensure that their children attend an approved educational institution, unless legally excused. Students who have not graduated may not be asked to leave school merely because they have reached 17 years of age if they are fulfilling their responsibilities as students. A student may not be excluded from the public schools or from extracurricular activities because:

(1) The student is married.

(2) The student is pregnant.

(3) The student has a disability as identified by Chapter 15 (relating to protected handicapped students).

(4) The student is an eligble student identified under Chapter 14 (relating to special education services and programs).

The provisions of this § 12.1 amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 520; amended December 2, 2005, effective December 3, 2005, 35 Pa.B. 6510, 6658. Immediately preceding text appears at serial page (279556).

Notation

Authority

The provisions of this § 12.1 amended under section 2603-B of the Public School Code of 1949 (24 P. S. § 26-2603-B).

Cross References

This section cited in 22 Pa. Code § 12.6 (relating to exclusions from school).