Section 13-1302 - 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, 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 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 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, 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 the district or in other districts in the same manner as though 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 a child described in this subsection may be accepted as a pupil, 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 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 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).Amended by P.L. (number not assigned at time of publication) 2024 No. 67,§ 1, eff. 9/16/2024.1949, March 10, P.L. 30, art. XIII, § 1302. Amended 1967, Dec. 14, P.L. 859, § 1; 1997, June 25, P.L. 297, No. 30, § 4, effective 7/1/1997; 2001, June 22, P.L. 530, No. 35, § 12, imd. effective; 2003, Dec. 23, P.L. 304, No. 48, § 10, imd. effective; 2010, Nov. 17, P.L. 996, No. 104, § 7, imd. effective.