PRINTER'S NO. 1168
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
952
Session of
2015
INTRODUCED BY ROEBUCK, TRUITT, GAINEY, KINSEY, MILLARD,
V. BROWN, SCHREIBER, YOUNGBLOOD, COHEN, McNEILL, DeLUCA,
McCARTER AND GIBBONS, APRIL 10, 2015
REFERRED TO COMMITTEE ON EDUCATION, APRIL 10, 2015
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," in pupils and attendance, further
providing for residence and right to free school privileges
and for suspension and expulsion of pupils.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended or added December 23, 2003 (P.L.304, No.48) and November
17, 2010 (P.L.996, No.104), is amended to read:
Section 1302. Residence and Right to Free School
Privileges.--(a) A child shall be considered a resident of the
school district in which his parents or the guardian of his
person resides. Federal installations are considered a part of
the school district or districts in which they are situate and
the children residing on such installations shall be counted as
resident pupils of the school district. If it is found that a
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parent or guardian of a child has knowingly enrolled a child in
a school district for which the child is not eligible, the child
must be removed from the school after notice of an opportunity
to appeal the removal pursuant to the appropriate grievance
policy of the school district, unless the affected school
district's board of directors agrees to grant permission to
attend pursuant to section 1316.
(a.1) When a resident of any school district keeps in his
home a child of school age, not his own, supporting the child
gratis as if it were his own, such child shall be entitled to
all free school privileges accorded to resident school children
of the district, including the right to attend the public high
school maintained in such district or in other districts in the
same manner as though such child were in fact a resident school
child of the district, and shall be subject to all the
requirements placed upon resident school children of the
district. Before such child may be accepted as a pupil, such
resident shall file with the secretary of the board:
(1) appropriate legal documentation to show dependency or
guardianship; or
(2) a sworn statement that he is a resident of the district,
that he is supporting the child gratis, that he will assume all
personal obligations for the child relative to school
requirements, and that he intends to so keep and support the
child continuously and not merely through the school term. The
school board, pursuant to guidelines issued by the Department of
Education, may require other reasonable information to be
submitted by the resident to substantiate the sworn statement.
The form containing the sworn statement shall include notice in
large print of the penalty for providing false information in
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the sworn statement.
(b) If it is found that information contained in the sworn
statement is false, the parent or guardian of the child has
refused to comply with the school district administrator's
request to withdraw and it is determined that the affected
school district's board of directors does not wish to grant
permission to attend pursuant to section 1316, the child must be
removed from the school following the adjudication of an
expulsion hearing pursuant to section 1318 and after notice of
an opportunity to appeal the removal pursuant to the appropriate
grievance policy of the school district.
(c) Notwithstanding any other provision of law to the
contrary, [a person who knowingly provides] penalties for a
violation of this section are as follows:
(1) A parent or guardian who has been formally determined by
a school district's board of directors, authorized board
committee or designated hearing examiner to have knowingly
enrolled the child in a school district for which the child is
not eligible commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of not more than three
hundred dollars ($300) for the benefit of the affected school
district or to perform up to two hundred forty (240) hours of
community service, or both. In addition, the parent or guardian
shall pay all court costs and shall be liable to the affected
school district for an amount equal to the cost of tuition
calculated in accordance with section 2561 during the period of
enrollment.
(2) An individual who has been formally determined by a
school district's board of directors, authorized board committee
or designated hearing examiner to have knowingly provided false
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information in the sworn statement for the purpose of enrolling
a child in a school district for which the child is not eligible
commits a summary offense and shall, upon conviction for such
violation, be sentenced to pay a fine of no more than three
hundred dollars ($300) for the benefit of the school district in
which the person resides or to perform up to two hundred forty
(240) hours of community service, or both. In addition, the
person shall pay all court costs and shall be liable to the
school district for an amount equal to the cost of tuition
calculated in accordance with section 2561 during the period of
enrollment.
(c.1) An individual who is convicted or acknowledges guilt
of a second or subsequent offense pursuant to subsection (c)(1)
or (2) shall be guilty of a misdemeanor and shall, upon
conviction, be sentenced to pay a fine of not more than one
thousand dollars ($1,000) for the benefit of the affected school
district or to perform up to five hundred (500) hours of
community service, or both. In addition, the individual shall
pay all court costs and shall be liable to the affected school
district for an amount equal to the cost of tuition calculated
in accordance with section 2561 during the period of enrollment.
(d) Notwithstanding the provisions of subsection (a), when a
child lives outside of Pennsylvania as a result of one or both
parents being called or ordered to active military duty, other
than active duty training, the child shall continue to be
considered a resident of the school district that was the
child's resident school district immediately prior to the parent
being stationed outside of Pennsylvania, provided that the
parent maintains the residence.
Section 2. Section 1318 of the act, amended February 8, 1980
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(P.L.3, No.2), is amended to read:
Section 1318. Suspension and Expulsion of Pupils.--Every
principal or teacher in charge of a public school may
temporarily suspend any pupil on account of enrollment outside
of the district of residence, disobedience or misconduct, and
any principal or teacher suspending any pupil shall promptly
notify the district superintendent or secretary of the board of
school directors. The board may, after a proper hearing, suspend
such child for such time as it may determine, or may permanently
expel him. Such hearings, suspension, or expulsion may be
delegated to a duly authorized committee of the board, or to a
duly qualified hearing examiner, who need not be a member of the
board, but whose adjudication must be approved by the board.
Section 3. This act shall take effect in 60 days.
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