Section 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.

The provisions of this § 11.11 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (244452) and (271457).

Notation

Authority

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).

Notes of Decisions

Out-of-State Schools

Order of State Board of Education disclaiming authority to decide upon continuance of school board’s practice of utilizing out-of-state schools to educate some of district’s children is not a regulation and does not give school district sole discretion over the assignment of students to attend out-of-state schools. Wayne Highlands School v. Department of Education, 488 A.2d 1172 (Pa. Cmwlth. 1985).

Cross References

This section cited in 22 Pa. Code § 11.18 (relating to nonresident children living in facilities or institutions); and 22 Pa. Code § 11.19 (relating to nonresident child living with a district resident).