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PRINTER'S NO. 3696
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2661
Session of
2026
INTRODUCED BY D'ORSIE, GLEIM, ANDERSON, BERNSTINE, M. MACKENZIE,
MARCELL, KAUFFMAN, WATRO, DIAMOND, T. JONES, RAPP, VEROBISH
AND ZIMMERMAN, JUNE 23, 2026
REFERRED TO COMMITTEE ON EDUCATION, JUNE 24, 2026
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for residence and right to free school privileges;
and, in charter schools, further providing for enrollment and
notification.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302(a) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
amended July 17, 2024 (P.L.810, No.67), is amended to read:
Section 1302. Residence and Right to Free School
Privileges.--(a) (1) A child shall be considered a resident of
the school district in which his parents or the guardian of his
person resides. Federal installations are considered a part of
the school district or districts in which they are situate and
the children residing on such installations shall be counted as
resident pupils of the school district.
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(2) The parent or guardian of a student enrolled in a school
district shall use the form developed under paragraph (3) to
submit continued proof of the student's residence to the
student's school district of residence by March 1 of each school
year. The following apply to the form and its submittal:
(i) The form of a newly enrolled student shall satisfy the
March 1 requirement for the current school year.
(ii) A student identified as homeless under 42 U.S.C. §
11302 (relating to general definition of homeless individual)
shall not be required to submit the information required under
the form.
(3) The department shall develop a school district residency
verification form, which may be electronic, for use under
paragraph (2). The form shall only include:
(i) The current school year.
(ii) The name, home address and mailing address of the
student.
(iii) Parent or guardian information, including:
(A) The name, home address, mailing address, telephone
number and email address of the student's parents or guardians,
as applicable.
(B) A field to indicate who the student primarily resides
with, including "Both Parents or Guardians," "Both Parents or
Guardians Alternately," "Parent or Guardian #1 Only (Primary
Parent or Guardian)," "Foster Parent," "Other Adult" and
"Unaccompanied Youth."
(iv) The student's school district of residence.
(v) Proof of residency, which shall be a document containing
the parent's or guardian's name and address, on any of the
following:
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(A) An active residential lease agreement, mortgage
statement or deed.
(B) A bank statement no more than three (3) months old or a
utility or Internet bill no more than three (3) months old.
(C) A tax bill or pay stub no more than three (3) months
old.
(D) An insurance document, hospital bill or doctor bill no
more than three (3) months old.
(E) A valid vehicle registration.
(F) A valid driver's license or Department of Transportation
identification card.
(G) A piece of mail sent by the Federal or State Government,
including benefits information, voter registration or tax
documents.
(H) A credit card bill no more than three (3) months old.
(I) Any other document determined acceptable by the school
district's chief administrator.
(vi) The signature of the parent or guardian attesting to
the accuracy of the information disclosed in the form and the
date that the verification form is submitted.
(vii) The signature of an authorized representative of the
school district attesting to the completion of the form and
verification of the proof of residency.
* * *
Section 2. Section 1748-A of the act, amended July 11, 2024
(P.L.618, No.55) and November 12, 2025 (P.L.244, No.47), is
amended to read:
Section 1748-A. Enrollment and notification.
(a) Notice to school district.--
(1) (i) Within 10 business days of the enrollment of a
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student to a cyber charter school, the parent or guardian
and the cyber charter school shall notify the student's
school district of residence of the enrollment through
the use of the cyber charter school enrollment
notification form under subsection [(b)] (b.1).
(ii) A student identified as homeless under 42
U.S.C. § 11302 (relating to general definition of
homeless individual) shall not be required to submit the
home address information required in subsection (b.1).
(iii) The inability to produce the required
information in subsection (b.1) shall not delay or
prevent a student from enrolling in a cyber charter
school.
(iv) Within 10 business days of a change in
residency of a student enrolled in a cyber charter
school, the parent or guardian shall notify the student's
current school district of residence and the cyber
charter school through the use of the notification form
under subsection (b.1).
(1.1) The parent or guardian of a student enrolled in a
cyber charter school shall [also] use the cyber charter
student residency verification form developed under
subsection [(b)] (b.2) to submit continued proof of the
student's residence to the cyber charter school and the
student's school district of residence by [November 1 and by]
March 1 of each school year. The cyber charter school
enrollment notification form of a newly enrolled cyber
charter student shall satisfy the [first November 1 or March
1 notification deadline, whichever is sooner] March 1
requirement for the current school year. A student identified
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as homeless under 42 U.S.C. § 11302 [(relating to general
definition of homeless individual) may] shall not be required
to submit the [home address] information required under
subsection [(b)(1) or (6)] (b.1)(2) and (9).
(1.2) Failure by a parent or guardian to submit the
annual cyber charter student residency verification form or
submit a completed annual cyber charter student residency
verification form shall not be grounds for a school district
to withhold payments to a cyber charter school under section
1725-A.
(1.3) If a school district does not receive a cyber
charter student residency verification form by March 1 for a
student whose residency in that school district was
previously verified, the school district is responsible for
verifying the student's current residency and notifying the
student's cyber charter school in accordance with paragraph
(2)(ii).
(2) If a school district determines [at any time] that a
student is not a resident of the school district, the
following shall apply:
(i) Within 10 business days of receipt of the notice
under paragraph (1) or (1.1), the school district shall
notify the cyber charter school [and the department] that
the student is not a resident of the school district.
Notification of nonresidence shall include the basis for
the determination.
(ii) Within 10 business days of notification under
subparagraph (i), the cyber charter school shall review
the notification of nonresidence and notify the school
district [and the department] that the cyber charter
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school agrees with the school district's determination or
does not agree with the school district's determination.
If the cyber charter school disagrees with the school
district's determination, the cyber charter school shall
provide proof of residency as the basis of the
determination. If the cyber charter school agrees that
the student is not a resident of the school district, the
cyber charter school shall determine the proper school
district of residence for the student and request funds
from that school district.
(iii) Within 10 business days of receipt of the
response under subparagraph (ii), the school district
shall notify the cyber charter school that it agrees with
the cyber charter school's determination or does not
agree with the cyber charter school's determination.
(iv) A school district that has notified the cyber
charter school that it does not agree with the cyber
charter school's determination under subparagraph (iii)
shall appeal to the department for a final determination.
(v) All decisions of the department regarding the
school district of residence of a student shall be
subject to review by the Commonwealth Court.
(vi) A school district shall continue to make
payments to a cyber charter school under section 1725-A
during the time in which the school district of residence
of a student is in dispute.
(vii) If a final determination is made that a
student is not a resident of an appealing school
district, the cyber charter school shall return all funds
provided on behalf of that student during the period for
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which the student is not a resident of the school
district to the school district within 30 days.
(a.1) Employee report of nonresidency.--Notwithstanding any
provision of the act of December 12, 1986 (P.L.1559, No.169),
known as the Whistleblower Law, or any other law to the
contrary, if an employee of a cyber charter school makes a good
faith report that a student does not reside within the school
district that has received notice of the student's enrollment
under subsection (a), a cyber charter school may not discharge,
threaten or otherwise discriminate or retaliate against an
employee regarding the employee's compensation, terms,
conditions, location or privileges of employment because the
employee makes a good faith report under this subsection.
[(b) Notification form.--The department shall develop a
notification form, which may be electronic, for use under
subsection (a). The notification shall include:
(1) The name, home address and mailing address of the
student.
(2) The grade in which the student is being enrolled.
(3) The date the student will be enrolled.
(4) The name and address of the cyber charter school and
the name and telephone number of a contact person able to
provide information regarding the cyber charter school.
(5) The signature of the parent or guardian and an
authorized representative of the cyber charter school.
(6) Proof of residency, which shall be a document
containing the parent or guardian's name and address, on any
of the following:
(i) An active residential lease agreement or a
mortgage statement no more than three months old.
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(ii) A bank statement no more than three months old
or a utility or Internet bill no more than three months
old.
(iii) A tax bill no more than three months old.
(iv) An insurance document no more than three months
old.
(v) Any other document determined acceptable by the
department.]
(b.1) Cyber charter school enrollment notification form.--
The department shall develop a cyber charter school enrollment
notification form, which may be electronic, for use under
subsection (a). The form under this subsection shall only
include:
(1) The current school year.
(2) The name, home address and mailing address of the
student.
(3) The grade in which the student is being enrolled.
(4) The date the student will be enrolled.
(5) The name and address of the cyber charter school.
(6) Parent or guardian information, including:
(i) The name, home address, mailing address,
telephone number and email address of the student's
parents or guardians, as applicable.
(ii) A field to indicate who the student primarily
resides with, including "Both Parents or Guardians,"
"Both Parents or Guardians Alternately," "Parent or
Guardian #1 Only (Primary Parent or Guardian)," "Foster
Parent," "Other Adult" and "Unaccompanied Youth."
(7) The student's school district of residence.
(8) Former school information, including:
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(i) A field to indicate the type of school that the
student previously attended, including "School District,"
"Cyber Charter School," "Brick-and-Mortar Charter
School," "Home School" and "Nonpublic or Private School."
(ii) The name and address of the student's former
school.
(iii) Withdrawal date from the former school.
(iv) A field to indicate the reason the student was
not enrolled in a school before the cyber charter school
enrollment, if applicable, including "Entering
Kindergarten," "Re-Enrolling Dropout" and "Other."
(9) Proof of residency, which shall be a document
containing the parent's or guardian's name and address, on
any of the following:
(i) An active residential lease agreement, mortgage
statement or deed.
(ii) A bank statement no more than three months old
or a utility or Internet bill no more than three months
old.
(iii) A tax bill or pay stub no more than three
months old.
(iv) An insurance document, hospital bill or doctor
bill no more than three months old.
(v) A valid vehicle registration.
(vi) A valid driver's license or Department of
Transportation identification card.
(vii) A piece of mail sent by the Federal or State
Government, including benefits information, voter
registration or tax documents.
(viii) A credit card bill no more than three months
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old.
(ix) Any other document determined acceptable by the
cyber charter school's chief administrator.
(10) The signature of the parent or guardian attesting
to the accuracy of the information disclosed in the form and
the date that the verification form is submitted.
(11) The signature of an authorized representative of
the cyber charter school attesting to the completion of the
form and verification of the proof of residency.
(b.2) Cyber charter student residency verification form.--
The department shall develop a cyber charter student residency
verification form, which may be electronic, for use under
subsection (a). The form under this subsection shall only
include:
(1) The current school year.
( 2) The name, home address and mailing address of the
student.
(3) Parent or guardian information, including:
(i) The name, home address, mailing address,
telephone number and email address of the student's
parents or guardians, as applicable.
(ii) A field to indicate who the student primarily
resides with including "Both Parents or Guardians," "Both
Parents or Guardians Alternately," "Parent or Guardian #1
Only (Primary Parent or Guardian)," "Foster Parent,"
"Other Adult" and "Unaccompanied Youth."
(4) The student's school district of residence.
(5) Proof of residency, which shall be a document
containing the parent or guardian's name and address, on any
of the following:
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(i) An active residential lease agreement, mortgage
statement or deed.
(ii) A bank statement no more than three months old
or a utility or Internet bill no more than three months
old.
(iii) A tax bill or pay stub no more than three
months old.
(iv) An insurance document, hospital bill or doctor
bill no more than three months old.
(v) A valid vehicle registration.
(vi) A valid driver's license or Department of
Transportation identification card.
(vii) A piece of mail sent by the Federal or State
Government, including benefits information, voter
registration or tax documents.
(viii) A credit card bill no more than three months
old.
(ix) Any other document determined acceptable by the
cyber charter school's chief administrator.
(6) The signature of the parent or guardian attesting to
the accuracy of the information disclosed in the form and the
date that the verification form is submitted.
(7) The signature of an authorized representative of the
cyber charter school attesting to the completion of the form
and verification of the proof of residency.
(c) Withdrawal.--The cyber charter school and the parent or
guardian of a student enrolled in a cyber charter school shall
provide written notification to the student's school district of
residence within 10 business days following the withdrawal of a
student from the cyber charter school.
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(d) Penalty for falsifying reimbursement reports.--Any
school administrator, employee or representative of a school
district or cyber charter school who knowingly falsifies
information submitted to a school district, cyber charter school
or the department under this section shall be guilty of a
misdemeanor of the third degree.
(e) Construction.--Nothing in this section shall be
construed to conflict or be inconsistent with section 1302 or
1302.1 or 42 U.S.C. Ch. 119 (relating to homeless assistance).
Section 3. This act shall take effect in 60 days.
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