1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in pupils and attendance, further
6providing for residence and right to free school privileges
7and for suspension and expulsion of pupils.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 1302 of the act of March 10, 1949
11(P.L.30, No.14), known as the Public School Code of 1949,
12amended or added December 23, 2003 (P.L.304, No.48) and November 
1317, 2010 (P.L.996, No.104), is amended to read:

14Section 1302. Residence and Right to Free School
15Privileges.--(a) [A child shall be considered a resident of the
16school district in which his parents or the guardian of his
17person resides. Federal installations are considered a part of
18the school district or districts in which they are situate and
19the children residing on such installations shall be counted as
20resident pupils of the school district.] When a resident of any

1school district keeps in his home a child of school age, not his
2own, supporting the child gratis as if it were his own, such
3child shall be entitled to all free school privileges accorded
4to resident school children of the district, including the right
5to attend the public high school maintained in such district or
6in other districts in the same manner as though such child were
7in fact a resident school child of the district, and shall be
8subject to all the requirements placed upon resident school
9children of the district. Before such child may be accepted as a
10pupil, such resident shall file with the secretary of the board:

11(1) appropriate legal documentation to show dependency or
12guardianship; or

13(2) a sworn statement that he is a resident of the district,
14that he is supporting the child gratis, that he will assume all
15personal obligations for the child relative to school
16requirements, and that he intends to so keep and support the
17child continuously and not merely through the school term. The
18school board, pursuant to guidelines issued by the Department of
19Education, may require other reasonable information to be
20submitted by the resident to substantiate the sworn statement.
21The form containing the sworn statement shall include notice in
22large print of the penalty for providing false information in
23the sworn statement.

24(b) If it is found that information contained in the sworn
25statement is false, the parent or guardian of the child has 
26refused to comply with the school district administrator's 
27request to withdraw and it is determined that the affected 
28school district's board of directors does not wish to grant 
29permission to attend pursuant to section 1316, the child must be
30removed from the school following the adjudication of an
 

1expulsion hearing pursuant to section 1318 and after notice of
2an opportunity to appeal the removal pursuant to the appropriate
3grievance policy of the school district.

4(b.1) A child shall be considered a resident of the school
5district in which the child's parents or the guardian of the
6child resides. Federal installations are considered a part of
7the school district or districts in which they are situate and
8the children residing on such installations shall be counted as
9resident pupils of the school district.

10(b.2) If it is found that a parent or guardian of a child
11has knowingly enrolled a child in a school district that is
12wholly outside of the school district of their primary
13residence, has refused to comply with the school district
14administrator's request to withdraw and it has been determined
15that the affected school district's board of directors does not
16wish to grant permission pursuant to section 1316, the child
17must be removed from the school following the adjudication of an
18expulsion hearing pursuant to section 1318 and after notice of
19an opportunity to appeal the removal pursuant to the appropriate
20grievance policy of the school district.

21(c) Notwithstanding any other provision of law to the
22contrary relating to the offense of theft of services, a person
23who [knowingly provides] has been formally determined by a 
24school district's board of directors, authorized board committee 
25or designated hearing examiner to have knowingly provided false
26information in the sworn statement for the purpose of enrolling
27a child in a school district for which the child is not
28eligible, or a parent or guardian who has been formally 
29determined by a school district's board of directors, authorized 
30board committee or designated hearing examiner to have knowingly
 

1enrolled their child in a school district that is wholly outside 
2of the school district of their primary residence commits a
3summary offense and shall, upon conviction for such violation,
4be sentenced to pay a fine of no more than three hundred dollars
5($300) for the benefit of the school district in which the
6person resides or to perform up to two hundred forty (240) hours
7of community service, or both. In addition, the person shall pay
8all court costs and shall be liable to the school district for
9an amount equal to the cost of tuition calculated in accordance
10with section 2561 during the period of enrollment.

11(d) Except as provided in subsection (c), a person who is 
12convicted or acknowledges guilt of a second or subsequent 
13offense shall be guilty of a misdemeanor and shall, upon 
14conviction, be sentenced to pay a fine of not more than one 
15thousand dollars ($1,000) for the benefit of the school district 
16in which the person resides or to perform up to five hundred 
17(500) hours of community service, or both. In addition, the 
18person shall pay all court costs and shall be liable to the 
19school district for an amount equal to the cost of tuition 
20calculated in accordance with section 2561 during the period of 
21enrollment.

22(e) Notwithstanding the provisions of subsection (a), when a 
23child lives outside of Pennsylvania as a result of one or both 
24parents being called or ordered to active military duty, other 
25than active duty training, the child shall continue to be 
26considered a resident of the school district that was the 
27child's resident school district immediately prior to the parent 
28being stationed outside of Pennsylvania, provided that the 
29parent maintains the residence.

30Section 2. Section 1318 of the act, amended February 8, 1980

1(P.L.3, No.2), is amended to read:

2Section 1318. Suspension and Expulsion of Pupils.--Every
3principal or teacher in charge of a public school may
4temporarily suspend any pupil on account of enrollment outside 
5of the district of residence, disobedience or misconduct, and
6any principal or teacher suspending any pupil shall promptly
7notify the district superintendent or secretary of the board of
8school directors. The board may, after a proper hearing, suspend
9such child for such time as it may determine, or may permanently
10expel him. Such hearings, suspension, or expulsion may be
11delegated to a duly authorized committee of the board, or to a
12duly qualified hearing examiner, who need not be a member of the
13board, but whose adjudication must be approved by the board.

14Section 3. This act shall take effect in 60 days.