Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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22 Pa. Code § 11.19. Nonresident child living with a district resident.

§ 11.19. Nonresident child living with a district resident.

 (a)  A nonresident child is entitled to attend the district’s public schools if that child is fully maintained and supported in the home of a district resident as if the child were the resident’s own child and if the resident receives no personal compensation for maintaining the student in the district. Before accepting the child as a student, the board of school directors of the district shall require the resident to file with the secretary of the board of school directors either appropriate legal documentation to show dependency or guardianship or a sworn statement that the child is a resident of the district, the child is supported fully without personal compensation or gain, and that the resident will assume all personal obligations for the child relative to school requirements and intends to so keep and fully support the child continuously and not merely through the school term. The resident’s receipt of public payments, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), maintenance on public or private health insurance, pre-adoptive support or other payments for or on account of the child, may not be deemed to be personal compensation or gain under this section. The school board may require other reasonable information to be submitted by the resident to substantiate the sworn statement in accordance with guidelines established by the Department, as authorized by section 1302(2) of the Public School Code of 1949 (24 P. S. §  13-1302(2)).

 (b)  The enrollment requirements outlined in §  11.11 (relating to entitlement of resident children to attend public schools) also apply to a nonresident child living with a district resident.

Authority

   The provisions of this §  11.19 issued under section 1317(a) of The Administrative Code of 1929 (71 P. S. §  367(a) (Repealed)); and sections 1327, 1330, 1372 and 1511 of the Public School Code of 1949 (24 P. S. § §  13-1327, 13-1330, 13-1372 and 15-1511); amended under section 2603-B of the Public School Code of 1949 (24 P. S. §  26-2603-B).

Source

   The provisions of this §  11.19 adopted December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceeding text appears at serial page (279552).

Notes of Decisions

   Child Support Payments

   Trial court erred in concluding that child, residing in school district with grandmother, was ineligible to enroll or receive free school privileges based on fact that grandmother received child support payments from child’s mother; mother’s financial contribution was court-ordered support to provide for child care expenses, not to compensate grandmother who supported child gratis, acted as child’s sole caregiver, provided all of his daily needs, and assumed all responsibilities for making education-related decisions. Velazquez v. East Stroudsburg, 949 A.2d 354, 359 (Pa. Cmwlth. 2008).

Cross References

   This section cited in 22 Pa. Code §  11.11 (relating to entitlement of resident children to attend public schools).



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