PRINTER'S NO. 337
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
394
Session of
2023
INTRODUCED BY SCHWANK, KEARNEY, HUGHES, FONTANA, HAYWOOD,
STREET, TARTAGLIONE, CAPPELLETTI, COMITTA, COSTA, SAVAL AND
MUTH, FEBRUARY 21, 2023
REFERRED TO EDUCATION, FEBRUARY 21, 2023
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-L
DEVELOPMENT, RELIEF AND EDUCATION
FOR ALIEN MINORS (DREAM)
Section 2001-L. 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
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Commonwealth.
"PHEAA." The Pennsylvania Higher Education Assistance
Agency.
"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-L. Eligibility.
An individual other than a nonimmigrant within the meaning of
8 U.S.C. ยง 1101(a)(15)(F), (H)(iii), (J), including only
students or trainees, or (M) (relating to definitions), who
meets the requirements under section 2003-L, shall be exempt
from paying out-of-State tuition rates at a public institution
of higher education.
Section 2003-L. Requirements.
(a) General rule.--The following provisions shall be the
requirements of eligibility:
(1) The individual must have attended a public,
nonpublic, charter or cyber charter secondary school in this
Commonwealth for at least two years.
(2) The individual must have graduated from a public,
nonpublic, charter or cyber charter secondary school in this
Commonwealth or received the equivalent of a high school
diploma in this Commonwealth.
(b) Guidance.--The department shall issue guidance to public
institutions of higher education on what evidence is acceptable
to prove the requirements under this section.
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Section 2004-L. Institution of higher education requirements.
An 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 2005-L. Financial aid.
(a) Residency.--An individual accepted by an institution of
higher education under this article shall qualify as a resident
of this Commonwealth for purposes of educational financial aid
through PHEAA.
(b) Alternative application.--PHEAA shall create an
alternative financial aid application for an individual under
this section. The application shall not require an applicant's
Social Security number or a parent of the applicant's Social
Security number.
Section 2006-L. Departmental requirements.
The department shall submit to the chairperson and minority
chairperson of the Education Committee of the Senate and the
chairperson and minority chairperson of the Education Committee
of the House of Representatives an annual report consisting of a
compilation of the reports submitted to the department under
section 2004-L.
Section 2007-L. Confidentiality.
Information obtained in the implementation of this article is
confidential and shall be used or disclosed only for purposes of
administering this article.
Section 2. This act shall take effect July 1, 2023, or
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immediately, whichever is later.
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