PRIOR PRINTER'S NO. 715 PRINTER'S NO. 2216
No. 614 Session of 2003
INTRODUCED BY DeLUCA, BEBKO-JONES, BUXTON, CRAHALLA, CREIGHTON,
DIVEN, EACHUS, HARHAI, HENNESSEY, HERSHEY, LaGROTTA, LEWIS,
R. MILLER, S. MILLER, PETRI, RUFFING, E. Z. TAYLOR,
WOJNAROSKI, YOUNGBLOOD, WALKO, THOMAS, TIGUE, CIVERA,
J. TAYLOR, SCAVELLO, BROWNE, GERGELY, PALLONE AND WEBER,
MARCH 3, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 25, 2003
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," further providing for THE DEFINITION <--
6 OF "EXTRACURRICULAR ACTIVITY," FOR residence and right to
7 free school privileges AND FOR HOME EDUCATION. <--
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1302 of the act of March 10, 1949 <--
11 (P.L.30, No.14), known as the Public School Code of 1949,
12 amended June 22, 2001 (P.L.530, No.35), is amended to read:
13 SECTION 1. SECTION 102 OF THE ACT OF MARCH 10, 1949 (P.L.30, <--
14 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY
15 ADDING A CLAUSE TO READ:
16 SECTION 102. DEFINITIONS.--WHEN USED IN THIS ACT THE
17 FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
18 * * *
1 (7) "EXTRACURRICULAR ACTIVITY" SHALL MEAN ANY ACTIVITY
2 COVERED BY THE PROVISIONS OF SECTION 511 WHICH MEET THE
3 FOLLOWING:
4 (I) THE ACTIVITY IS SPONSORED OR APPROVED BY THE BOARD OF
5 SCHOOL DIRECTORS.
6 (II) THE ACTIVITY IS NOT OFFERED FOR CREDIT TOWARD
7 GRADUATION.
8 (III) THE ACTIVITY IS CONDUCTED PARTIALLY OR ENTIRELY
9 OUTSIDE THE REGULAR INSTRUCTIONAL DAY SCHEDULE.
10 (IV) THE ACTIVITY IS AVAILABLE TO ANY STUDENT ENROLLED IN
11 THE DISTRICT'S SCHOOLS WHO VOLUNTARILY ELECTS TO PARTICIPATE AND
12 BE SUBJECT TO THE ELIGIBILITY REQUIREMENTS OF THE ACTIVITY.
13 A SCHOOL DISTRICT'S PROGRAM OF INTERSCHOLASTIC ATHLETICS,
14 INCLUDING VARSITY SPORTS, SHALL BE DEEMED EXTRACURRICULAR IN
15 NATURE AND SHALL COVER ALL ACTIVITIES RELATING TO COMPETITIVE
16 SPORTS CONTESTS, GAMES, EVENTS OR EXHIBITIONS INVOLVING
17 INDIVIDUAL STUDENTS OR TEAMS OF STUDENTS OF THE SCHOOL DISTRICT
18 WHENEVER SUCH ACTIVITIES OCCUR BETWEEN SCHOOLS WITHIN THE
19 DISTRICTS OR WITH SCHOOLS OUTSIDE THE DISTRICT.
20 SECTION 2. SECTION 1302 OF THE ACT, AMENDED JUNE 22, 2001
21 (P.L.530, NO.35), IS AMENDED TO READ:
22 Section 1302. Residence and Right to Free School
23 Privileges.--(a) A child shall be considered a resident of the
24 school district in which his parents or the guardian of his
25 person resides. Federal installations are considered a part of
26 the school district or districts in which they are situate and
27 the children residing on such installations shall be counted as
28 resident pupils of the school district. When a resident of any
29 school district keeps in his home a child of school age, not his
30 own, supporting the child gratis as if it were his own, such
20030H0614B2216 - 2 -
1 child shall be entitled to all free school privileges accorded
2 to resident school children of the district, including the right
3 to attend the public high school maintained in such district or
4 in other districts in the same manner as though such child were
5 in fact a resident school child of the district, and shall be
6 subject to all the requirements placed upon resident school
7 children of the district. Before such child may be accepted as a
8 pupil, such resident shall file with the secretary of the board:
9 (1) appropriate legal documentation to show dependency or
10 guardianship; or
11 (2) a sworn statement that he is a resident of the district,
12 that he is supporting the child gratis, that he will assume all
13 personal obligations for the child relative to school
14 requirements, and that he intends to so keep and support the
15 child continuously and not merely through the school term. The
16 school board, pursuant to guidelines issued by the Department of
17 Education, may require other reasonable information to be
18 submitted by the resident to substantiate the sworn statement.
19 The form containing the sworn statement shall include notice in
20 large print of the penalty for providing false information in
21 the sworn statement.
22 (b) If it is found that information contained in the sworn
23 statement is false, the child must be removed from the school
24 after notice of an opportunity to appeal the removal pursuant to
25 the appropriate grievance policy of the school district.
26 (c) A person who knowingly provides false information in the
27 sworn statement for the purpose of enrolling a child in a school
28 district for which the child is not eligible commits a
29 misdemeanor of the third degree and shall, upon conviction,
30 notwithstanding any other provision of law, be sentenced to pay
20030H0614B2216 - 3 -
1 a fine of no more than three hundred dollars ($300) for the
2 benefit of the school district in which the person resides and
3 court costs, and in default of payment thereof, may be sentenced
4 to a term of imprisonment for not more than thirty (30) days. In
5 addition, the person shall be liable to the school district for
6 an amount equal to the cost to the district of educating the
7 child during the period of enrollment.
8 SECTION 3. SECTION 1327.1 OF THE ACT IS AMENDED BY ADDING A <--
9 SUBSECTION TO READ:
10 SECTION 1327.1. HOME EDUCATION PROGRAM.--* * *
11 (F.1) THE SCHOOL DISTRICT SHALL PERMIT A CHILD WHO IS
12 ENROLLED IN A HOME EDUCATION PROGRAM TO HAVE THE OPPORTUNITY TO
13 PARTICIPATE IN EXTRACURRICULAR ACTIVITIES, INCLUDING, BUT NOT
14 LIMITED TO, CLUBS, MUSICAL ENSEMBLES, SPORTS AND THEATRICAL
15 PRODUCTIONS.
16 * * *
17 Section 2 4. This act shall take effect in 60 days. <--
B26L24BIL/20030H0614B2216 - 4 -