SB 86 — An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for in-State tuition for undocumented individuals.

PRINTER'S NO.   41

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 86
                                                 Session of
                                                   2025

     INTRODUCED BY SCHWANK, STREET, COMITTA, SAVAL, HUGHES, FONTANA,
        KEARNEY, TARTAGLIONE, COSTA AND HAYWOOD, JANUARY 22, 2025

     REFERRED TO EDUCATION, JANUARY 22, 2025


                                       AN ACT
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," providing for in-State tuition for
 6      undocumented individuals.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.     The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding an
11   article to read:
12                                ARTICLE XX-N
13                     DEVELOPMENT, RELIEF AND EDUCATION
14                              FOR ALIEN MINORS
15   Section 2001-N.    Definitions.
16      The following words and phrases when used in this article
17   shall have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      "Department."    The Department of Education of the
20   Commonwealth.
 1      "PHEAA."     The Pennsylvania Higher Education Assistance
 2   Agency.
 3      "Public institution of higher education."     Any of the
 4   following:
 5             (1)   A community college under Article XIX-A.
 6             (2)   A university within the State System of Higher
 7      Education under Article XX-A.
 8             (3)   A State-related institution as defined in section
 9      1502-A.
10   Section 2002-N.     Eligibility.
11      An individual other than a nonimmigrant within the meaning of
12   8 U.S.C. § 1101(a)(15)(F), (H)(iii), (J), including only
13   students or trainees, or (M) (relating to definitions), who
14   meets the requirements under section 2003-N, shall be exempt
15   from paying out-of-State tuition rates at a public institution
16   of higher education.
17   Section 2003-N.     Requirements.
18      (a)    Requirements of eligibility.--
19             (1)   The individual must have attended a public,
20      nonpublic, charter or cyber charter secondary school in this
21      Commonwealth for at least two years.
22             (2)   The individual must have graduated from a public,
23      nonpublic, charter or cyber charter secondary school in this
24      Commonwealth or received the equivalent of a high school
25      diploma in this Commonwealth.
26      (b)    Guidance.--The department shall issue guidance to public
27   institutions of higher education on what evidence is acceptable
28   to prove the requirements under this section.
29   Section 2004-N.     Institution of higher education requirements.
30      An institution of higher education that admits an individual

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 1   under this article shall:
 2            (1)   Keep a record of the number of individuals admitted
 3      under this article and annually report this information to
 4      the department.
 5            (2)   Adopt appropriate policies to implement the
 6      provisions of this article.
 7   Section 2005-N.    Financial aid.
 8      (a)   Residency.--An individual accepted by an institution of
 9   higher education under this article shall qualify as a resident
10   of this Commonwealth for purposes of educational financial aid
11   through PHEAA.
12      (b)   Alternative application.--PHEAA shall create an
13   alternative financial aid application for an individual under
14   this section. The application shall not require an applicant's
15   Social Security number or a parent of the applicant's Social
16   Security number.
17   Section 2006-N.    Departmental requirements.
18      The department shall submit to the chairperson and minority
19   chairperson of the Education Committee of the Senate and the
20   chairperson and minority chairperson of the Education Committee
21   of the House of Representatives an annual report consisting of a
22   compilation of the reports submitted to the department under
23   section 2004-N.
24   Section 2007-N.    Confidentiality.
25      Information obtained in the implementation of this article is
26   confidential and shall be used or disclosed only for purposes of
27   administering this article.
28      Section 2.     This act shall take effect immediately.




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