Address Confidentiality Program (ACP)

   A new law has been enacted in Pennsylvania, the Domestic and Sexual Violence Victim Address Confidentiality Act, (Act 188 of 2004), which took effect on May 30, 2005 and establishes Pennsylvania's Address Confidentiality Program (ACP). The goal of the ACP is to help victims of domestic violence, sexual violence and stalking, and their children, maintain their safety by keeping their location confidential.

   Through the Office of Victim Advocate (OVA), an individual and his or her children may establish a substitute legal address (a P.O. Box). When a program participant presents his or her ACP participation card, state and local government agencies must accept the ACP substitute address as though it is the participant's actual address (unless the agency has been granted a waiver by OVA, see below). PDE will work with the OVA to determine the school district in which the family resides for purposes of enrollment, and OVA will maintain that information and will confirm this information when requested by school districts.

   Public schools may encounter ACP participants who are students, parents or school personnel. Although the number of ACP participants in any public school may be few, their security needs may be significant. Therefore it is important that public schools be prepared to respond appropriately to the unique challenges presented by ACP participants.

   The Department of Education has identified the following issues that school districts must consider and address regarding the enrollment of students who are participants in the ACP:

Verification of Enrollment Eligibility

   When an applicant with school-aged children enrolls in the ACP, OVA will contact PDE. Based upon the information supplied by OVA, PDE will determine the family's school district of residence. OVA will maintain this information and will confirm this information to school districts upon request.

Transfer of Student Records

   OVA is willing to be the intermediary between school districts in the transfer of student records from a "sending" school district to a "receiving" school district.

   In this process, the "old" or "sending" school district would not receive information on the name or location of the "new" school district but would rather send school records to OVA which would in turn send the records to the "new" or "receiving" school district. In order to utilize this process for the transfer of student records, districts would need to obtain a signed release from the parent or guardian to allow the release of student records to OVA. The "new" school district should then contact OVA to process the request for records. It is important that districts take care when making any contact back to the "sending" school district regarding an ACP family, so that this contact does not jeopardize the family's safety.

Neighborhood School Assignment

   In other states with similar ACPs, the person enrolling the student informs the school district of the preferred school assignment. School districts may contact PDE for assistance in this area.

Transportation Assignment

   In other states with similar ACPs, the person enrolling the student informs the school district of the bus pick-up and drop-off points. School districts may contact PDE for assistance in this area.

Correspondence with ACP participants

   All internal and external recording or use of the student or parent's address must use the substitute address on the ACP card.

School Directories/Information

   Schools should be very careful about including the ACP students/families in school directories. These students should be left out of the directory or protected in some other way.

Community College Eligibility

   PDE will identify school districts of residence by the process noted above under "Verification of Enrollment Eligibility". OVA will maintain the information and will confirm school districts of residence for purposes of Community College eligibility.

   In unusual situations, agencies may petition OVA for a waiver of the ACP requirements, pursuant to Section 6709 of the Act. The agency must have a bona fide statutory or administrative requirement for the use of the ACP participant's actual address. If an agency is granted an ACP waiver, the actual address may only be used for the specific statutory and administrative purpose specified in the waiver. The law provides that unauthorized use or disclosure of a participant's actual address constitutes a summary offense (Section 6711 of the Act).

   A copy of the law may be accessed at: http://www2.legis.state.pa.us/WU01/LI/BI/BT/2003/0/HB1262P4078.pdf. OVA will develop guidelines to implement the ACP during 2005 and will promulgate regulations that will replace the guidelines by July 1, 2006. PDE will continue discussion of these issues with OVA, PSBA, PASA and school districts and will incorporate procedures into a Basic Education Circular by June 2006.

   Please contact Sarah Pearce, 717-783-6610 or [email protected], if you have questions on this new program.