2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 66 - PUBLIC SCHOOL CODE OF 1949 - EXTENDED SPECIAL EDUCATION ENROLLMENT DUE TO COVID-19 AND OPTIONAL YEAR OF EDUCATION DUE TO COVID-19

Session of 2021

No. 2021-66

SB 664

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, providing for extended special education enrollment due to COVID-19; and, in terms and courses of study, providing for optional year of education due to COVID-19.

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 sections to read:

Section 1383.  Extended Special Education Enrollment Due to COVID-19.--(a)  It is the intent of the General Assembly to ensure that the present generation of school-age children do not lose educational opportunities due to COVID-19.

(b)  A student with a disability as defined in 22 Pa. Code § 14.101 (relating to definitions) who has reached twenty-one (21) years of age during the 2020-2021 school year or between the end of the 2020-2021 school year and the beginning of the 2021-2022 school year and is enrolled for the 2020-2021 school year is entitled to attend a school entity for the 2021-2022 school year and the school entity shall enroll the student if a parent or guardian and the student elect to enroll no later than July 15, 2021. The Department of Education shall develop a standard election form for a parent or guardian to elect to enroll the student and the form shall be made available on its publicly accessible Internet website.

(c)  Notwithstanding any other provision of law to the contrary, the following shall apply to a student enrolled in a school entity under subsection (b):

(1)  The school entity shall implement the student's most recent IEP.

(2)  The student's attendance shall be included in the school entity's average daily membership.

(3)  The school entity shall provide extended school year services during the summer after the 2020-2021 school year in accordance with the student's most recent IEP.

(4)  The school entity shall take all steps necessary to comply with the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.) and 22 Pa. Code Ch. 14 (relating to special education services and programs).

(5)  A student older than twenty-one (21) years of age with an active IEP who is enrolled in a school entity during the 2021-2022 school year shall not become ineligible for continued service under the Individuals with Disabilities Education Act during the entire 2021-2022 school year.

(d)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"IEP."  An individualized education program established under 22 Pa. Code Ch. 14.

"School entity."  A school district, intermediate unit, area career and technical school, charter school, regional charter school, cyber charter school, approved private school or chartered school for the education of the deaf and blind.

Section 1501.10.  Optional Year of Education Due to COVID-19.--(a)  It is the intent of the General Assembly to ensure that the present generation of school-age children do not lose educational opportunities due to COVID-19.

(b)  Notwithstanding any other provision of law, for the 2021-2022 school year, a parent or guardian may elect no later than July 15, 2021, to have a child under eighteen (18) years of age in a school entity repeat a grade level to make up for any lost educational opportunities due to COVID-19, notwithstanding whether the child met the requirements to be promoted to the next grade level. A child at or over eighteen (18) years of age in a school entity may elect no later than July 15, 2021, to repeat a grade level to make up for any lost educational opportunities due to COVID-19. The election under this subsection shall include participation in academic or extracurricular activities, including interscholastic athletics. Nothing under this subsection shall allow a child to have more eligibility to participate in interscholastic athletics than they would have had notwithstanding the election under this subsection.

(c)  The Department of Education shall create a standard election form for a parent or guardian or a child at or over eighteen (18) years of age to make the election under subsection (b) and provide access to the form on its publicly accessible Internet website.

(d)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Interscholastic athletics."  Athletic contests or competitions conducted between or among school entities situated in a school district.

"School entity."  A school district, intermediate unit, area career and technical school, charter school, cyber charter school, regional charter school or nonpublic school entity.

Section 2.  This act shall take effect immediately.

APPROVED--The 30th day of June, A.D. 2021.

TOM WOLF