Pennsylvania SB 304: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for military education scholarship account; and imposing penalties.

Bill Text

PRINTER'S NO. 238
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 304
Session of
2025
INTRODUCED BY MASTRIANO, PENNYCUICK, ROTHMAN, ROBINSON, CULVER,
HUTCHINSON AND J. WARD, FEBRUARY 25, 2025
REFERRED TO EDUCATION, FEBRUARY 25, 2025
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," providing for military education
scholarship account; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XX-N
MILITARY EDUCATION SCHOLARSHIP ACCOUNT
Section 2001-N. Scope of article.
This article relates to military education scholarship
accounts.
Section 2002-N. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Applicant." A parent who applies for a military education
scholarship account under section 2003-N(b) on behalf of an
eligible student.
"Department." The Department of Education of the
Commonwealth.
"Eligible student." A school-age child who meets the
requirements under section 2003-N(b) and whose parent has
entered into an agreement under section 2003-N(d).
"Institution of higher education." As defined under section
118(c).
"Military education scholarship account." A spending account
established and administered by the State Treasury, and
controlled by a parent, for a school-age child with money that
may be spent on a qualified education expense as provided for
under section 2005-N.
"Nonpublic school." A school, other than a public school,
located in this Commonwealth where a Commonwealth resident may
legally fulfill the compulsory attendance requirements of this
act, that complies with section 1521 and meets the applicable
requirements of 42 U.S.C. Ch. 21 Subch. V (relating to federally
assisted programs).
"Parent." An individual who:
(1) is a resident of this Commonwealth; and
(2) either:
(i) has legal custody or guardianship of a student;
or
(ii) keeps in the individual's home a student and
supports the student gratis as if the student were a
lineal descendant of the individual.
"Participating entity."
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(1) Any of the following where a school-age child
receives instruction under section 2003-N(d):
(i) A nonpublic school for kindergarten through
grade 12, or a combination of grades.
(ii) An institution of higher education.
(iii) A distance learning program that is not
offered by a public school or the department.
(iv) A tutor who is a teacher licensed in any state,
has taught at an eligible postsecondary institution and
is a subject matter expert or a tutor or tutoring agency
otherwise approved by the department.
(2) The term does not include a parent of a school-age
child to the extent that the parent provides educational
services directly to the school-age child.
"Program." The Military Education Scholarship Account
Program established under section 2003-N(a).
"Public school." A school district, charter school, cyber
charter school, regional charter school, intermediate unit or
area career and technical school.
"Resident school district." The school district in which a
school-age child resides.
"School-age child." A child enrolled in kindergarten through
grade 12 and who resides in this Commonwealth.
"Student with a disability." A school-age child who has been
identified, in accordance with 22 Pa. Code Ch. 14 (relating to
special education services and programs), as a "child with a
disability," as defined in 34 CFR 300.8(a) (relating to child
with a disability).
Section 2003-N. Establishment, application and agreement.
(a) Establishment.--The Military Education Scholarship
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Account Program is established as a program of the department.
(b) Individuals who may apply.--A parent may apply for a
military education scholarship account for a school-age child
who:
(1) is a child of a parent who is on full-time active-
duty status in the armed forces of the United States,
including members of the National Guard and reserve on active
duty orders under 10 U.S.C. §§ 12301 (relating to reserve
components generally) and 12401 et seq. (relating to Army and
Air National Guard of the United States: status) or was
killed in the line of duty; or
(2) participated in the program in the prior year and is
renewing an agreement under subsection (i) by filing an
application with the department, in a manner and on a form
provided by the departme