PRINTER'S NO. 728
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
664
Session of
2021
INTRODUCED BY CORMAN, MARTIN, BAKER, BARTOLOTTA, CAPPELLETTI,
COSTA, KEARNEY, PITTMAN, SCAVELLO, J. WARD AND YUDICHAK,
MAY 7, 2021
REFERRED TO EDUCATION, MAY 7, 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, 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) A student with a disability as defined in 22 Pa.
Code ยง 14.101 (relating to definitions) who has reached 21 years
of age 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 elects to enroll.
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(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 implement the student's 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 current IEP.
(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
22 Pa. Code Ch. 14 (relating to special education services and
programs).
"School entity." A school district, intermediate unit, area
career and technical school, charter school, regional charter
school or cyber charter school.
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 to have a
child under the age of consent 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 the
age of consent in a school entity may elect to repeat a grade
level to make up for any lost educational opportunities due to
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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 years of eligibility
to participate in interscholastic athletics than they would have
had notwithstanding the election under this subsection.
(c) A school entity shall create an online application for a
parent or guardian to make the election under subsection (b) and
provide access to the application 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:
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
school, regional charter school or nonpublic school entity.
"Interscholastic athletics." Athletic contests or
competitions conducted between or among school entities situated
in a school district.
Section 2. This act shall take effect immediately.
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