PRINTER'S NO. 977
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
956
Session of
2023
INTRODUCED BY BOYLE, KENYATTA, GIRAL, HILL-EVANS, MADDEN,
SANCHEZ, PROBST, SCHLOSSBERG, BULLOCK, WARREN, N. NELSON,
OTTEN, HOWARD, KHAN, KRAJEWSKI AND FLEMING, APRIL 24, 2023
REFERRED TO COMMITTEE ON EDUCATION, APRIL 24, 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 rate
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
IN-STATE TUITION RATE FOR UNDOCUMENTED INDIVIDUALS
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
Commonwealth.
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"Individual." An undocumented person who is not a citizen or
national of the United States. The term does not include a
nonimmigrant alien as described in 8 U.S.C. § 1101(a)(15)
(relating to definitions).
"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. Individual requirements.
An individual shall be exempt from paying the out-of-State
tuition rate at a public institution of higher education in this
Commonwealth if the individual:
(1) Attended a public or nonpublic secondary school in
this Commonwealth for at least three years after the
beginning of the 2007-2008 school year.
(2) Graduated from a public or nonpublic secondary
school in this Commonwealth or received the equivalent of a
high school diploma in this Commonwealth after the beginning
of the 2009-2010 school year.
(3) Enters as a student in a public institution of
higher education in this Commonwealth not earlier than the
2023 fall semester.
(4) Provides to the public institution of higher
education documentation that the individual or the
individual's parent or legal guardian has filed a
Pennsylvania income tax return for all of the following:
(i) Annually for three years while the individual
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attended a public or nonpublic secondary school in this
Commonwealth in accordance with paragraph (1).
(ii) Annually during the period, if any, between
graduation from a public or nonpublic secondary school in
this Commonwealth and registration at a public
institution of higher education in this Commonwealth.
(iii) Annually during the period of attendance at
the public institution of higher education.
(5) In the case of an individual who is not a permanent
resident, provides to the public institution of higher
education an affidavit stating that the individual will file
an application to become a permanent resident within 30 days
after the individual becomes eligible to do so.
(6) In the case of an individual who is required to
register with the Selective Service System, provides to the
public institution of higher education documentation that the
individual has complied with the registration requirement.
(7) Registers in a public institution of higher
education in this Commonwealth not later than four years
after graduating from a public or nonpublic secondary school
in this Commonwealth or receiving the equivalent of a high
school diploma in this Commonwealth.
Section 2003-L. Public institution of higher education
requirements.
A public 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
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provisions of this article.
Section 2004-L. Departmental requirements.
The department shall submit to the General Assembly an annual
report consisting of a compilation of the reports submitted to
the department under section 2003-L.
Section 2005-L. Confidentiality.
Information obtained from an individual for the purposes of
implementing this article is confidential. A public institution
of higher education that receives an affidavit under section
2002-L(5) shall treat the affidavit as an education record of
the individual under 20 U.S.C. § 1232g (relating to family
educational and privacy rights).
Section 2. This act shall take effect July 1, 2023, or
immediately, whichever is later.
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