22 Pa. Code § 11.11 - Entitlement of resident children to attend public schools
(a)
Entitlement.
(1) A school age child is entitled to attend
the public schools of the child's district of residence. A child's district of
residence is that in which the parents or the guardian resides. When the
parents reside in different school districts due to separation, divorce or
other reason, the child may attend school in the district of residence of the
parent with whom the child lives for a majority of the time, unless a court
order or court approved custody agreement specifies otherwise. If the parents
have joint custody and time is evenly divided, the parents may choose which of
the two school districts the child will enroll for the school year. If the
child is an emancipated minor, the resident school district is the one in which
the child is then living. For purposes of this section, an emancipated minor is
a person under 21 years of age who has chosen to establish a domicile apart
from the continued control and support of parents or guardians. A minor living
with a spouse is deemed emancipated.
(2) Transportation for students must be
provided consistent with the policy of the school district that the students
are attending.
(b)
Enrollment. A school district or charter school shall normally
enroll a child the next business day, but no later than 5 business days of
application. The school district or charter school has no obligation to enroll
a child until the parent, guardian or other person having control or charge of
the student making the application has supplied proof of the child's age,
residence, and immunizations as required by law. School districts and charter
schools receiving requests for educational records from another school district
or charter school shall forward the records within 10 business days of receipt
of the request.
(c)
Nonresident children. The requirement of subsection (b)
applies equally to nonresident children who are children living in facilities
or institutions as defined in §
11.18 (relating to nonresident
child living in facilities or institutions), or foster homes, or with a
district resident who is supporting the child without personal compensation as
defined in §
11.19 (relating to nonresident
child living with a district resident), provided that the person making the
application has supplied the documentation required by law.
(d)
Immigration status. A
child's right to be admitted to school may not be conditioned on the child's
immigration status. A school may not inquire regarding the immigration status
of a student as part of the admission process. This provision does not relieve
a student who has obtained an F-1 visa from the student's obligation to pay
tuition under Federal law.
(e)
Home language survey. A school entity shall administer a home
language survey to all students seeking first time enrollment in its schools in
accordance with requirements of the United States Department of Education's
Office for Civil Rights.
Notes
The provisions of this § 11.11 amended under section 1317(a) of The Administrative Code of 1929 (71 P.S. § 367(a)) (Repealed); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P.S. §§ 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).
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