A02731
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
663
Session of
2023
INTRODUCED BY McNEILL, HOHENSTEIN, HILL-EVANS, MADDEN, IRVIN,
SANCHEZ, KINSEY, KHAN, CEPEDA-FREYTIZ, HANBIDGE, KINKEAD AND
TAKAC, MARCH 22, 2023
REFERRED TO COMMITTEE ON EDUCATION, MARCH 22, 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," 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.1) If it is found that the parents, guardians or any
other person having charge or care of a child described in
subsection (a) do not reside in the school district and a
determination is made that the child is not otherwise entitled
to free school privileges, the child may not be disenrolled from
the school until:
(1) the parents, guardians or any other person having charge
or care of the child are provided an opportunity to appeal the
decision through a hearing held pursuant to an appropriate
grievance policy of the school district and any appeal has been
exhausted;
(2) after the parents, guardians or any other person having
charge or care of the child have been provided notice of such a
hearing, the parents, guardians or other person having charge or
care of the child decline to participate in a hearing pursuant
to the appropriate grievance policy of the school district or
appeals process;
(3) after the parents, guardians or any other person having
charge or care of the child have been provided information from
the school district's liaison for homeless children and youth
regarding the educational rights of homeless students under 42
U.S.C. § 11431 (relating to statement of policy). Information
provided under 42 U.S.C. § 11431 shall be provided in a manner
and form understandable to the parents, guardians or any other
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person having charge or care of the child; or
(4) a court enters an order directing the child to be
disenrolled and enrolled in a different school.
(a.2) When a resident of [any] a 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] the 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] the district or in
other districts in the same manner as though [such] the 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] a child described in
this subsection may be accepted as a pupil, [such] the 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
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
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after notice of an opportunity to appeal the removal] described
in 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.
(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 pursuant to
the appropriate grievance policy of the school district.]
described in subsection (a.2) may not be disenrolled from the
school until:
(1) the parents, guardians or any other person having charge
or care of the child are provided an opportunity to appeal the
determination of false information through a hearing held
pursuant to an appropriate grievance policy of the school
district and any appeal has been exhausted;
(2) after the parents, guardians or any other person having
charge or care of the child have been provided notice of such a
hearing, the parents, guardians or any other person having
charge or care of the child decline to participate in a hearing
pursuant to the appropriate grievance policy of the school
district or appeal;
(3) after the parents, guardians or any other person having
charge or care of the child have been provided information from
the school district's liaison for homeless children and youth
regarding the educational rights of homeless students under 42
U.S.C. § 11431 . Information provided under 42 U.S.C. § 11431
shall be provided in a manner and form understandable to the
parents, guardians or any other person having charge or care of
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the child; or
(4) a court enters an order directing the child to be
disenrolled and enrolled in a different school.
(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.
(e) Nothing in this section shall be construed to conflict
or be inconsistent with 42 U.S.C. Ch. 119 (relating to homeless
assistance).
Section 2. This act shall take effect in 60 days.
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