PRINTER'S NO. 419
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
458
Session of
2021
INTRODUCED BY McNEILL, N. NELSON, CONKLIN, FREEMAN, HILL-EVANS,
NEILSON, PISCIOTTANO, SCHWEYER, HOWARD, MILLARD, KINKEAD,
DELLOSO AND LEE, FEBRUARY 9, 2021
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 9, 2021
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.
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, 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.
(a.1) If it is found that the parents or guardian of a child
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described in subsection (a) do not reside in the school
district, the child may not be removed from the school until all
possible appeals have been exhausted or, if no appeal is filed,
the last date upon which the final appeal could have been filed
pursuant to the appropriate grievance policy of the school
district.
(a.2) 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 described under this subsection 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 child [must be removed from the school
after notice of an opportunity to appeal the removal] described
under subsection (a.2) may not be removed from the school until
all possible appeals have been exhausted or, if no appeal is
filed, the last date upon which the final appeal could have been
filed 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 false 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.
(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. This act shall take effect in 60 days.
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