PRIOR PRINTER'S NOS. 4259, 4303
PRINTER'S NO. 4333
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2788
Session of
2020
INTRODUCED BY TOPPER, REESE, BOROWICZ, COX, SCHLEGEL CULVER,
DAVANZO, DOWLING, DRISCOLL, DUSH, ECKER, EVERETT, GABLER,
GLEIM, GREGORY, GROVE, HEFFLEY, HILL-EVANS, JOZWIAK,
KAUFFMAN, KEEFER, KLUNK, KNOWLES, MARSHALL, MILLARD,
MIZGORSKI, OBERLANDER, PEIFER, POLINCHOCK, SANKEY, SAYLOR,
SCHMITT, THOMAS, WARNER, LONGIETTI, SAINATO, MOUL, KORTZ,
BURNS, KULIK, PETRARCA, LEWIS, KAIL, GAYDOS AND ROWE,
AUGUST 18, 2020
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 1, 2020
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 age limit extension during COVID-19 pandemic of 2020
EXTENDED SPECIAL EDUCATION ENROLLMENT DUE TO COVID-19; and,
in terms and courses of study, providing for option 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 1301.1. Age Limit Extension During COVID-19 Pandemic
of 2020.--Notwithstanding section 1301, every student who was
twenty (20) or twenty-one (21) years of age before the
proclamation of disaster emergency issued by the Governor on
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March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency, and who was
enrolled in a school district of this Commonwealth, in
accordance with section 1301, during the proclamation of
disaster emergency, or any renewal of the state of disaster
emergency, shall be eligible for a twelve-month extension of
eligibility under section 1301 free of charge.
SECTION 1383. EXTENDED SPECIAL EDUCATION ENROLLMENT DUE TO
COVID-19.-- (A) FOR THE 2020-2021 SCHOOL YEAR, A PARENT OR
GUARDIAN MAY ENROLL A STUDENT WITH A DISABILITY AS DEFINED IN 22
PA. CODE ยง 14.101 (RELATING TO DEFINITIONS) WHO, DURING THE
2019-2020 SCHOOL YEAR, WAS ENROLLED IN A SCHOOL ENTITY AND
REACHED 21 YEARS OF AGE ON OR AFTER THE ISSUANCE OF THE
PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON
MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020).
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, THE FOLLOWING SHALL APPLY TO A STUDENT ENROLLED IN A
SCHOOL ENTITY UNDER SUBSECTION (A):
(1) THE SCHOOL ENTITY SHALL ENROLL THE STUDENT IN ACCORDANCE
WITH THE STUDENT'S IEP.
(2) THE STUDENT MAY ENROLL IN THE SCHOOL ENTITY FOR THE
2020-2021 SCHOOL YEAR FREE OF CHARGE UNTIL THE END OF THE SCHOOL
YEAR.
(3) THE STUDENT'S ATTENDANCE SHALL BE INCLUDED IN THE SCHOOL
ENTITY'S AVERAGE DAILY MEMBERSHIP FOR PURPOSES OF CALCULATING
THE SPECIAL EDUCATION SUBSIDY UNDER ARTICLE XXV.
(C) 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
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22 PA. CODE CH. 14 (RELATING TO SPECIAL EDUCATION SERVICES AND
PROGRAMS).
"SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT
SCHOOL, AREA CAREER AND TECHNICAL SCHOOL, CHARTER SCHOOL,
REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL.
Section 1501.10. Option Year of Education Due to COVID-19.--
(a) The welfare of this Commonwealth requires that the present
generation of school age children be provided ample opportunity
to develop to their fullest intellectual capacities. 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 the proclamation of disaster emergency
issued by the Governor on March 6, 2020, published at 50 Pa.B.
1644 (March 21, 2020).
(b) Notwithstanding any other provision of law, for the
2021-2022 school year, a parent may elect to have a child in a
school entity repeat a grade level to make up for any lost
educational opportunities during the 2019-2020 and 2020-2021
school years regardless of whether the child met the
requirements to be promoted to the next grade level. The
parental election under this subsection shall include
participation in all academic or extracurricular activities ,
EXCEPT FOR INTERSCHOLASTIC ATHLETICS .
(c) A school entity shall create a process for a parent to
make the election under subsection (b) and post the process on
its publicly accessible Internet website.
(d) (1) As used in this section, the term "school entity"
shall mean a school district, intermediate unit, area career and
technical school, charter school, cyber charter school, regional
charter school or nonpublic school entity.
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(2) AS USED IN THIS SECTION, THE TERM "INTERSCHOLASTIC
ATHLETICS" SHALL MEAN ALL ATHLETIC CONTESTS OR COMPETITIONS
CONDUCTED BETWEEN OR AMONG SCHOOL ENTITIES SITUATED IN ANY
SCHOOL DISTRICT.
Section 2. This act shall take effect immediately.
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