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," providing for in-State tuition for
6undocumented individuals.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10as the Public School Code of 1949, is amended by adding an
11article to read:

12ARTICLE XX-H

13DEVELOPMENT, RELIEF AND EDUCATION

14FOR ALIEN MINORS (DREAM)

15Section 2001-H. Definitions.

16The following words and phrases when used in this article
17shall have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Department." The Department of Education of the

1Commonwealth.

2"Individual." An undocumented person who is not a citizen or
3national of the United States. The term does not include a
4nonimmigrant alien as defined in 8 U.S.C. § 1101(a)(15)
5(relating to definitions).

6"PHEAA." The Pennsylvania Higher Education Assistance
7Agency.

8"Public institution of higher education." Any of the
9following:

10(1) A community college under Article XIX-A.

11(2) A university within the State System of Higher
12Education under Article XX-A.

13(3) A State-related institution as defined in section
141502-A.

15Section 2002-H. Eligibility.

16An individual shall be exempt from paying the out-of-State or
17international tuition rate at a public institution of higher
18education in this Commonwealth if the individual meets both of
19the following requirements:

20(1) Beginning with the 2007-2008 school year, attended a
21public or nonpublic secondary school in this Commonwealth for
22at least two years.

23(2) Beginning with the 2009-2010 school year, graduated
24from a public or nonpublic secondary school in this
25Commonwealth or received the equivalent of a high school
26diploma in this Commonwealth.

27Section 2003-H. Requirements.

28To be considered eligible under this article, an individual
29must:

30(1) Enter as a student in a public institution of higher

1education in this Commonwealth not earlier than the 2013 fall
2semester.

3(2) If not a permanent resident, provide to the public
4institution of higher education an affidavit stating that the
5individual will file an application to become a permanent
6resident within 30 days after the individual becomes eligible
7to do so.

8Section 2004-H. Public institution of higher education
9requirements.

10A public institution of higher education that admits an
11individual under this article shall:

12(1) Keep a record of the number of individuals admitted
13under this article and annually report this information to
14the department.

15(2) Adopt appropriate policies to implement the
16provisions of this article.

17Section 2005-H. Financial aid.

18Any individual applying to or accepted by a public
19institution of higher education under this article may apply for
20and receive financial aid with PHEAA.

21Section 2006-H. Departmental requirements.

22The department shall submit to the chairman and minority
23chairman of the Education Committee of the Senate and the
24chairman and minority chairman of the Education Committee of the
25House of Representatives an annual report consisting of a
26compilation of the reports submitted to the department under
27section 2004-H.

28Section 2007-H. Confidentiality.

29Information obtained from an individual for the purposes of
30implementing this article is confidential. A public institution

1of higher education that receives an affidavit under section
22003-H(2) shall treat the affidavit as an education record of
3the individual under the provisions of the Family Educational
4Rights and Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. §
51232g).

6Section 2. This act shall take effect July 1, 2013.