Pennsylvania 1302 Sworn Statement

The Section 1302 Sworn Statement is the form that gets a child into a Pennsylvania public school when they live with someone other than a parent. It comes from Section 1302 of the Pennsylvania Public School Code (24 P.S. § 13-1302), and it works without a custody order, without a guardianship, and without a parent showing up at the school office.

What the 1302 form is and who signs it

The 1302 Sworn Statement is signed by the caregiver — the grandparent, aunt, uncle, sibling, or family friend the child lives with — not by the parent. You are swearing, under penalty of law, that:

1. The child lives with you continuously in the school district, not just during the school year
2. You support the child gratis (without receiving payment for the child's care)
3. The living arrangement is not solely for the purpose of attending a particular school district

The form goes by several names depending on the district. You may see it called the PDE-1302, Attachment C, a residency affidavit, or a guardianship affidavit (a misleading name, since no guardianship is required). The Pennsylvania Department of Education publishes the standard version as "Attachment C — Sworn Statement by Resident Under §13-1302."

The gratis requirement explained

"Gratis" is the word that causes the most confusion on this form. It means you are providing the child's food, shelter, and daily care without receiving financial compensation specifically for housing the child.

What does NOT break the gratis rule:

• TANF child-only cash grants — these go to the child, not to you as payment for care
• SNAP (food stamps) that include the child in your household
• SSI payments made on behalf of the child
• CHIP or Medical Assistance covering the child's healthcare
• Child support the parent pays toward the child's needs
• Informal financial help from family members

What CAN break the gratis rule:

• A direct board payment from a parent or agency paid specifically to you for the child's room and board
• Kinship foster care maintenance payments from a county children and youth agency (these route through a different enrollment pathway)

If you receive a TANF child-only grant and someone at the school office tells you that means you're not supporting the child gratis, they are wrong. Public benefits paid for the child are not compensation to the caregiver under PDE guidance.

How to fill out the form step by step

Most 1302 forms have the same core sections, though district formatting varies:

Section 1: Your information Write your full legal name, home address in the school district, phone number, and relationship to the child. Use your actual address — this is the residency the district will verify.

Section 2: The child's information The child's full legal name, date of birth, and grade level (if known). If you don't know the grade level, write the child's age and let the school determine placement.

Section 3: The sworn statement This is the section you sign affirming the child lives with you and you support them gratis. Read every word before signing. You are signing under penalty of 18 Pa.C.S. § 4904 (unsworn falsification to authorities) and the summary offense fine under 24 P.S. § 13-1302 itself.

Section 4: Signature and date Sign using your legal name. PDE's enrollment guidance calls for a sworn and notarized statement by the resident. Use the district's instructions or PDE's Attachment C; do not assume a signature without notarization meets that requirement. Banks, UPS stores, AAA offices, and some state representative district offices offer free or low-cost notary services.

Documents you need alongside the 1302

The form alone isn't enough. Bring these to the school office:

• Proof of residency: Provide a current document showing your address in the district. The district may request additional information to substantiate the sworn statement, but PDE does not set a blanket two-document minimum.
• Child's age verification: Birth certificate, passport, or baptismal certificate
• Immunization records: Bring them if available. If a child transferring into a Pennsylvania school has difficulty providing records, the parent or guardian has 30 days to provide them.

The district cannot require a custody order, the parent's signature, the child's Social Security number, or immigration documents.

Annual renewal

The 1302 Sworn Statement is not a one-and-done form. Districts typically require a new sworn statement at the start of each school year. Mark your calendar for late July or early August to complete the renewal before school opens. If the child's living situation hasn't changed, the renewal is straightforward — same form, fresh signatures, updated date.

What to do if the district rejects your 1302

If a registrar tells you the 1302 isn't enough and demands a custody order, ask for the refusal in writing. Then escalate to the school superintendent, citing the PDE Basic Education Circular on student enrollment, which prohibits districts from requiring custody orders when a valid 1302 is presented. If the district still refuses, file an enrollment complaint with the PDE Office of Elementary and Secondary Education or contact the Education Law Center of Pennsylvania (ELC-PA) for free help.

Our Pennsylvania School and Medical Consent Guide includes the complete 1302 process alongside a pre-submission document checklist, a refusal log template, and the medical consent forms you'll need next — because getting the child into school is only half the paperwork.

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