PRINTER'S NO. 847
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
640
Session of
2021
INTRODUCED BY D. MILLER, KIM, SANCHEZ, BENHAM, BOBACK, FREEMAN,
LEE, T. DAVIS, HOHENSTEIN, WEBSTER, GALLOWAY, SCHLOSSBERG,
MADDEN, HOWARD, STURLA, O'MARA, INNAMORATO, DELLOSO, DEASY,
WARREN, CONKLIN AND PISCIOTTANO, MARCH 11, 2021
REFERRED TO COMMITTEE ON EDUCATION, MARCH 11, 2021
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, further
providing for age limits and temporary residence and
providing for age limit extension during COVID-19 pandemic or
other disaster emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended to read:
Section 1301. Age Limits; Temporary Residence.--Every child,
being a resident of any school district, between the ages of six
(6) and twenty-one (21) years, may attend the public schools in
his district, subject to the provisions of this act.
[Notwithstanding] Except as provided in section 1301.1,
notwithstanding any other provision of law to the contrary, a
child who attains the age of twenty-one (21) years during the
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school term and who has not graduated from high school may
continue to attend the public schools in his district free of
charge until the end of the school term. The board of school
directors of any school district may admit to the schools of the
district, with or without the payment of tuition, any non-
resident child temporarily residing in the district, and may
require the attendance of such non-resident child in the same
manner and on the same conditions as it requires the attendance
of a resident child.
Section 2. The act is amended by adding a section to read:
Section 1301.1. Age Limit Extension During COVID-19 Pandemic
or Other Disaster Emergency.--(a) A student with an active IEP
and enrolled in a school district of this Commonwealth when a
proclamation of disaster emergency is issued or during a
proclamation of disaster emergency shall not become ineligible
for continued service and attendance in accordance with section
1301 until twelve (12) months after the termination or
expiration under 35 Pa.C.S. § 7301(c) (relating to general
authority of Governor) of the proclamation of disaster
emergency. The following apply:
(1) The twelve-month extension shall be provided at no
charge and shall be at the discretion of the student and the
student's parent or legal guardian.
(2) A student who was deemed ineligible for continued
service and attendance during the proclamation of disaster
emergency due to age shall qualify for continued service and
attendance in accordance with the twelve-month extension under
this section.
(b) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
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"IEP" means an individualized educational program established
under 22 Pa. Code Ch. 14 (relating to special education services
and programs).
"Proclamation of disaster emergency" means a declaration by
the Governor of disaster emergency under 35 Pa.C.S. § 7301(c)
and any renewal of the state of disaster emergency, including
the proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and
any renewal of the state of disaster emergency.
Section 3. This act shall take effect immediately.
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