PRINTER'S NO. 12
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
35
Session of
2019
INTRODUCED BY SCHWANK, FONTANA, BREWSTER, FARNESE, HUGHES AND
COSTA, JANUARY 11, 2019
REFERRED TO EDUCATION, JANUARY 11, 2019
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-I
DEVELOPMENT, RELIEF AND EDUCATION
FOR ALIEN MINORS (DREAM)
Section 2001-I. 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
Commonwealth.
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"Individual." An immigrant as defined by 8 U.S.C. ยง 1101(a)
(15) (relating to definitions) who resides in this Commonwealth
without authority under Federal immigration law.
"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-I. Eligibility.
An individual meeting all the requirements of section 2003-I
shall be exempt from paying the out-of-State or international
tuition rate at a public institution of higher education.
Section 2003-I. Requirements.
The following provisions shall be the requirements of
eligibility:
(1) Beginning with the 2013-2014 school year, the
individual must have attended a public, nonpublic, charter or
cyber charter secondary school in this Commonwealth for at
least two years.
(2) Beginning with the 2015-2016 school year, 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.
(3) The individual must enroll as a student in an
institution of higher education in this Commonwealth not
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earlier than the 2019 fall semester.
Section 2004-I. 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-I. Financial aid.
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.
Section 2006-I. 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-I.
Section 2007-I. Confidentiality.
Information obtained from an individual for the purposes of
implementing this article is confidential.
Section 2. This act shall take effect July 1, 2019, or
immediately, whichever is later.
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