PRINTER'S NO. 224
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
261
Session of
2023
INTRODUCED BY WEBSTER, BURGOS, MADDEN, SANCHEZ AND HILL-EVANS,
MARCH 10, 2023
REFERRED TO COMMITTEE ON EDUCATION, MARCH 10, 2023
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 a subsection to read:
Section 1383. Extended Special Education Enrollment Due to
COVID-19.--* * *
(c.2) The following apply:
(1) Notwithstanding any other provision of law, through the
2035-2036 school year, the Secretary of Education may permit a
student who meets all of the following conditions to attend a
school entity through the school year in which the student
reaches twenty-two (22) years of age:
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(i) The student has not graduated from high school.
(ii) The student has an active IEP at any point during the
school year in which the student turned twenty-one (21) years of
age.
(iii) The student has been continuously enrolled in a school
entity since the 2020-2021 school year.
(2) A school entity shall enroll a student if the Secretary
of Education provides permission in accordance with paragraph
(1). The Department of Education shall develop a standard
election form for a parent or guardian to elect to enroll the
student. The following apply:
(i) The election form shall be made available on the
publicly accessible Internet website of the Department of
Education.
(ii) The parent or guardian must submit the election form to
the Department of Education no later than April 1 of the school
year in which the student turns twenty-one (21) years of age.
(iii) Within thirty (30) days of receipt of a completed
election form, the Secretary of Education shall approve or deny
the application and provide notification to the parent or
guardian and the school entity.
(3) Notwithstanding any other provision of law, the
following shall apply to a student enrolled in a public school
entity under this subsection:
(i) The student's attendance shall be included in the public
school entity's average daily membership.
(ii) The public school entity shall take all steps necessary
to comply with 20 U.S.C. Ch. 33 (relating to education of
individuals with disabilities) and 22 Pa. Code Ch. 14 (relating
to special education services and programs).
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(iii) A student who is twenty-one (21) years of age or
older, has an active IEP and is enrolled in a public school
entity shall count toward the caseload limitations specified in
22 Pa. Code ยง 14.105 (relating to personnel).
* * *
Section 2. This act shall take effect immediately.
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