PRINTER'S NO. 1789
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1276
Session of
2022
INTRODUCED BY AUMENT, MARTIN, MENSCH, CORMAN, SCAVELLO AND
BAKER, JUNE 17, 2022
REFERRED TO EDUCATION, JUNE 17, 2022
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 extended special education enrollment due to
COVID-19.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1383 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding subsections to read:
Section 1383. Extended Special Education Enrollment Due to
COVID-19.--* * *
(b.1) (1) A student with a disability as defined in 22 Pa.
Code § 14.101 who has reached twenty-one (21) years of age
during the 2021-2022 school year or between the end of the 2021-
2022 school year and the beginning of the 2022-2023 school year
and is enrolled for the 2021-2022 school year is entitled to
attend a school entity for the 2022-2023 school year and the
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school entity shall enroll the student if a parent or guardian
and the student elects to enroll no later than July 15, 2022.
(2) A student with a disability as defined in 22 Pa. Code §
14.101 who has reached eighteen (18), nineteen (19) or twenty
(20) years of age during the 2021-2022 school year or between
the end of the 2021-2022 school year and the beginning of the
2022-2023 school year and is enrolled for the 2021-2022 school
year is entitled to attend a school entity for an additional
school year upon reaching twenty-one (21) years of age and the
school entity shall enroll the student if a parent or guardian
and the student elects to enroll no later than July 15, 2022.
(3) 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.
* * *
(c.1) Notwithstanding any other provision of law to the
contrary, the following shall apply to a student enrolled in a
school entity under subsection (b.1):
(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 2021-2022 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).
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(5) A student older than twenty-one (21) years of age with
an active IEP who is enrolled in a school entity during the
2022-2023 school year shall not become ineligible for continued
service under the Individuals with Disabilities Education Act
during the entire 2022-2023 school year.
* * *
Section 2. This act shall take effect in 60 days.
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