PRINTER'S NO. 3873
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2560
Session of
2020
INTRODUCED BY ORTITAY, MOUL AND PYLE, MAY 28, 2020
REFERRED TO COMMITTEE ON EDUCATION, MAY 28, 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 terms and courses of study,
providing for special education provisions.
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 a
section to read:
Section 1501.9. Special Education Provisions.--(a) The
Secretary of Education shall immediately issue a waiver to any
order by the Governor closing any public or nonpublic schools
based on the proclamation of disaster emergency issued by the
Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21,
2020), or any extension of that order to all public schools and
nonpublic schools to permit in-person special education services
that comply with the individualized education program under the
Individuals With Disabilities Education Act (Public Law 91-230,
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20 U.S.C. § 1400 et seq.).
(b) A public or nonpublic school shall adhere to social
distancing practices and other mitigation measures defined by
the Centers for Disease Control and Prevention to protect from
and to mitigate the spread of the COVID-19 virus and any
recommendations of the Secretary of Health directing public
health safety measures to maintain in-person special education
services.
(c) A waiver issued under this section shall remain valid
notwithstanding any order issued under the declaration of
disaster emergency issued by the Governor on March 6, 2020,
published in 50 Pa.B. 1644 (March 21, 2020), or any renewal of
the declaration of disaster emergency, unless the order removes
any of the restrictions or otherwise grants greater permissions
for operations than are provided under this section.
(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:
"Nonpublic school." A nonprofit school, other than a public
school within this Commonwealth, wherein a resident of the
Commonwealth may legally fulfill the compulsory school
attendance requirements of this act and which meet the
requirements of Title VI of the Civil Rights Act of 1964 (Public
Law 88-352, 42 U.S.C. § 2000 et seq).
"Public school." A school district, charter school, regional
charter school, cyber charter school, intermediate unit or area
career and technical school in this Commonwealth.
Section 2. This act shall take effect immediately.
20200HB2560PN3873 - 2 -
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