A01932
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1446
Session of
2021
INTRODUCED BY SONNEY, BOBACK, BROOKS, R. BROWN, CIRESI,
T. DAVIS, DEASY, GUENST, HARKINS, LONGIETTI, MOUL, N. NELSON,
PICKETT AND STAATS, MAY 20, 2021
REFERRED TO COMMITTEE ON EDUCATION, MAY 20, 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.
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 1383. Extended Special Education Enrollment Due to
COVID-19.-- (a) A student with a disability as defined in 22 Pa.
Code § 14.101 (relating to definitions) who has reached 21 years
of age or reached twenty-one (21) years of age 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
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guardian and the student elects 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 the department's
publicly accessible Internet website.
(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 current
most recent IEP.
(2) The student may enroll in the school entity for the
2021-2022 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.
(4) 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 most recent IEP.
(5) The school entity shall take all steps necessary to
comply with the Individuals with Disabilities Education Act
(IDEA) (Public Law 91-230, 20 U.S.C. § 1400 et seq.) and 22 Pa.
Code Ch. 14. (relating to special education services and
programs).
(6) 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 IDEA during the entire 2021-2022 school year.
(b.1) The Secretary of Education shall waive the requirement
to include performance data otherwise required under section
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1123(b)(1)(ii) in a professional employe's performance rating
under section 1123 and the election for additional service may
not be included in performance reviews.
(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, joint
school, area career and technical school, charter school,
regional charter school or , cyber charter school . , approved
private school or a chartered school for the education of the
deaf and blind.
Section 2. This act shall take effect immediately.
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