On July 11th, 2024, the Pennsylvania Legislature passed House Bill 663 in both the House of Representatives and the Senate.
The bill, which seeks to update the residency dispute provisions of the Public School Code, was presented to Governor Shapiro on July 12 for his signature and is now known as Act 67 of 2024.
Section 1302 of the School Code provides all students residing within school district the right to enroll and attend school. Residency is identified by either establishing the residence in which the student’s parent or guardian resides, or when a district resident confirms that the student resides with them full time. The law currently allows the school district to disenroll a student when it has determined that the student is not a resident.
The sponsor of Act 67, Representative Jeanne McNeill, noted that residency disputes can take weeks or more to be fully resolved, and that the law currently allows the school district to remove the student from a school while appeals and other procedures may remain pending.
McNeill referenced a matter within her constituency in which a student with a disability was removed from school for more than 30 days. Thus, the bill would prohibit disenrollment of a student until the residency matter is fully resolved.
Act 67 provides that, in the event of a residency dispute, a school district would not be permitted to disenroll a student from school until the dispute has been fully resolved and it has been determined which school district should correctly enroll the child.
Act 67 prohibits disenrollment of a student until:
(1) the parents or guardians have been provided an opportunity for hearing to determine residency, and any appeal has been exhausted,
(2) after receipt of notice, the parents or guardians have declined to appeal the decision through a hearing,
(3) the parents or guardians are provided information from the school district’s liasion for homeless children and youth regarding the educational rights of homeless students, or
(4) a court orders a child’s disenrollment and enrollment in a different school.
The same provisions will apply if a school district determines that a district resident has falsely stated that a child resides with them.
Bottom Line for Schools
Now that the Act has been signed by the Governor, the new provisions will go into effect in 60 days. Therefore, as students enroll for the fall semester, schools must be aware that any residency disputes will be governed by the provisions of Act 67.
Schools should use this time to address their policies and current practices pertaining to residency disputes and grievance processes.
