THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYTON, K. BOYLE, FABRIZIO, JOHNSON, JOSEPHS, STURLA AND WATERS, JUNE 20, 2011

REFERRED TO COMMITTEE ON EDUCATION, JUNE 20, 2011  

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," providing for in-State tuition for

undocumented individuals.

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 an

article to read:

ARTICLE XX-H

IN-STATE TUITION FOR UNDOCUMENTED INDIVIDUALS

Section 2001-H.  Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Education of the

Commonwealth.

"Individual."  An undocumented person who is not a citizen or

national of the United States. The term does not include a

nonimmigrant alien as defined in 8 U.S.C. § 1101(a)(15)

(relating to definitions).

"Public institution of higher education."  Any of the

following:

(1)  A community college under Article XIX-A.

(2)  A university within the State System of Higher

Education under Article XX-A.

(3)  A State-related institution as defined in section

1502-A.

Section 2002-H.  Individual requirements.

An individual shall be exempt from paying the out-of-State

tuition rate at a public institution of higher education in this

Commonwealth if the individual:

(1)  Beginning with the 2005-2006 school year, attended a

public or nonpublic secondary school in this Commonwealth for

at least three years.

(2)  Beginning with the 2007-2008 school year, graduated

from a public or nonpublic secondary school in this

Commonwealth or received the equivalent of a high school

diploma in this Commonwealth.

(3)  Enters as a student in a public institution of

higher education in this Commonwealth not earlier than the

2011 fall semester.

(4)  Provides to the public institution of higher

education documentation that the individual or the

individual's parent or legal guardian has filed a

Pennsylvania income tax return for all of the following:

(i)  Annually for the three years while the

individual attended a public or nonpublic secondary

school in this Commonwealth in accordance with paragraph

(1).

(ii)  Annually during the period, if any, between

graduation from a public or nonpublic secondary school in

this Commonwealth and registration at a public

institution of higher education in this Commonwealth.

(iii)  Annually during the period of attendance at

the public institution of higher education.

(5)  In the case of an individual who is not a permanent

resident, provides to the public institution of higher

education an affidavit stating that the individual will file

an application to become a permanent resident within 30 days

after the individual becomes eligible to do so.

(6)   In the case of an individual who is required to

register with the Selective Service System, provides to the

public institution of higher education documentation that the

individual has complied with the registration requirement.

(7)  Registers in a public institution of higher

education in this Commonwealth not later than four years

after graduating from a public or nonpublic secondary school

in this Commonwealth or receiving the equivalent of a high

school diploma in this Commonwealth.

Section 2003-H.  Public institution of higher education

requirements.

A public institution of higher education that admits an

individual under this article shall:

(1)  Keep a record of the number of individuals admitted

under this article and annually report this information to

the department.

(2)  Adopt appropriate policies to implement the

provisions of this article.

Section 2004-H.  Departmental requirements.

The department shall submit to the General Assembly an annual

report consisting of a compilation of the reports submitted to

the department under section 2003-H.

Section 2005-H.  Confidentiality.

Information obtained from an individual for the purposes of

implementing this article is confidential. A public institution

of higher education that receives an affidavit under section

2002-H(5) shall treat the affidavit as an education record of

the individual under the provisions of the Family Educational

Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. §

1232g).

Section 2.  This act shall take effect July 1, 2011.