HOUSE AMENDED
A01447
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, YUDICHAK,
HUTCHINSON, STEFANO AND MENSCH, MAY 7, 2021
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 26, 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.
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) A STUDENT WITH A DISABILITY AS DEFINED IN 22 PA. Code §
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14.101 (relating to definitions) who has reached 21 TWENTY-ONE
(21) years of age during the 2020-2021 school year or 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 guardian and the student elects to enroll NO LATER
THAN JULY 15, 2021 . The Dep artment 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 its
publicly accessible Internet website.
(b) (C) 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 most
recent 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 most recent IEP.
(4) THE SCHOOL ENTITY SHALL TAKE ALL STEPS NECESSARY TO
COMPLY WITH THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
(PUBLIC LAW 91-230, 20 U.S.C. § 1400 ET SEQ.) AND 22 PA. CODE
CH. 14 (RELATING TO SPECIAL EDUCATION SERVICES AND PROGRAMS).
(c) (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:
"IEP." An individualized education program established under
22 Pa. Code Ch. 14 (relating to special education services and
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programs).
"School entity." A school district, intermediate unit, area
career and technical school, charter school, regional charter
school or , cyber charter school, including an approved private
school or chartered school for the education of the deaf and
blind for any student enrolled under the provisions of section
1376 or 1376.1 respectively .
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 no later
than July 15, 2021, to have a child under the age of consent
EIGHTEEN (18) YEARS OF AGE 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 EIGHTEEN (18) YEARS OF AGE in a school entity may
elect no later than July 15, 2021, to repeat a grade level to
make up for any lost educational opportunities due to 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 The Department of Education shall create
an online application a standard election form for a parent or
guardian or a child at or over the age of consent EIGHTEEN (18)
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YEARS OF AGE 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:
"Interscholastic athletics." Athletic contests or
competitions conducted between or among school entities situated
in a school district.
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
school, regional charter school or nonpublic school entity.
Section 2. This act shall take effect immediately.
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