PRINTER'S NO. 2927
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1886
Session of
2015
INTRODUCED BY SCHWEYER, ACOSTA, YOUNGBLOOD, STURLA, SCHLOSSBERG,
CALTAGIRONE, BULLOCK, PAYNE, V. BROWN, McNEILL, COHEN, ROZZI
AND BRADFORD, MARCH 10, 2016
REFERRED TO COMMITTEE ON EDUCATION, MARCH 10, 2016
AN ACT
Providing for in-State tuition rates and access to financial aid
for certain students.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Tuition Fairness Act.
Section 2. Legislative findings and intent.
The General Assembly finds and declares as follows:
(1) Many children arrive in the United States and in
this Commonwealth through parental decisions to relocate in
search of economic opportunities.
(2) Twenty-first century economies depend on an educated
workforce for productivity and competitiveness. Therefore, it
is essential to the Commonwealth's economy and its ability to
compete that all students with the intellectual ability,
desire and motivation have access to higher education
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programs.
(3) Rising tuition costs, increasingly restrictive
eligibility criteria for financial aid programs and other
trends in higher education finance impede access to a higher
education for many students, especially students in immigrant
communities.
(4) Although extending in-State tuition to students in
immigrant communities will help them more easily afford
higher education in this Commonwealth, access to financial
aid is also necessary for them to achieve the American dream.
(5) It is of utmost importance that children in
immigrant communities have every opportunity to position
themselves for economic success so that they can obtain the
knowledge and tools necessary to help the Commonwealth
maintain its competitive edge in the world economy.
(6) It is the intent of this act to set forth the
principles under which in-State tuition and financial aid
will be extended to students in immigrant communities.
(7) For the purposes of 8 U.S.C. § 1621(d) (relating to
aliens who are not qualified aliens or nonimmigrants
ineligible for State and local public benefits), this act is
a law of the Commonwealth.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency established under the act of August 7, 1963 (P.L.549,
No.290), known as the Pennsylvania Higher Education Assistance
Agency Act.
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"Department." The Department of Education of the
Commonwealth.
"Immigrant." The term shall have the meaning given to it
under 8 U.S.C. § 1101(a)(15) (relating to definitions) of the
Immigration and Nationality Act (66 Stat. 163, 8 U.S.C. § 1101
et seq.).
"Independent institution of higher education." Any
accredited private or independent college or university entitled
to convey degrees in accordance with 24 Pa.C.S. § 6505 (relating
to power to confer degrees).
"Institution of higher education." As defined in section 118
of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
Section 4. Out-of-State tuition exemption.
(a) Exemption authorized.--Notwithstanding any other
provision of law or regulation to the contrary, a student, other
than a nonimmigrant alien within the meaning of section 1101(a)
(15) of the Immigration and Nationality Act (66 Stat. 163, 8
U.S.C. § 1101 et seq.), shall be exempt from paying out-of-State
tuition at an institution of higher education if the student:
(1) attended high school in this Commonwealth for two or
more years;
(2) graduated from a high school in this Commonwealth or
received the equivalent of a high school diploma in this
Commonwealth;
(3) registered as an entering student or is currently
enrolled in an institution of higher education not earlier
than the fall semester of the 2015-2016 academic year; and
(4) has at least one parent who immigrated to the United
States.
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(b) Confidentiality.--Any student information, including an
affidavit under subsection (a)(5) obtained in the implementation
of this section, shall be confidential and shall not be subject
to disclosure under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-know Law.
Section 5. Access to financial aid.
(a) Access authorized.--Notwithstanding the provisions of
the act of August 7, 1963 (P.L.549, No.290), known as the
Pennsylvania Higher Education Assistance Agency Act, or any
other law or regulation to the contrary, a student who meets the
requirements under section 4 shall be eligible to apply for and
participate in any student financial aid program administered by
the agency or the department.
(b) Forms.--The agency shall collaborate with the department
to establish the forms and procedures necessary to enable
students eligible under section 4 to apply for and participate
in all student financial aid programs administered by the agency
and the department.
Section 6. Applicability to independent institutions of higher
education.
The provisions of this act shall apply to any independent
institution of higher education that receives assistance grants
under the act of July 18, 1974 (P.L.483, No.174), known as The
Institutional Assistance Grants Act, or that participates in the
agency's financial aid or loan guaranty program to make
financial assistance available to students or parents for
postsecondary educational purposes.
Section 7. Regulations.
The department and the agency shall adopt and promulgate
regulations necessary to carry out and enforce the provisions of
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this act.
Section 8. Effective date.
This act shall take effect immediately.
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