Section 13-1383 - Extended Special Education Enrollment 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) A student with a disability as defined in 22 Pa. Code § 14.101 (relating to definitions) who has reached 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 elect 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 its publicly accessible Internet website.(b.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 school entity shall enroll the student if a parent or guardian and the student elect to enroll no later than August 1, 2022. 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) 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) 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).(5) 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 Individuals with Disabilities Education Act during the entire 2021-2022 school year.(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).(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. (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.
"School entity." A school district, intermediate unit, area career and technical school, charter school, regional charter school, cyber charter school, approved private school or chartered school for the education of the deaf and blind.
Amended by P.L. TBD 2022 No. 55, § 16, eff. 7/8/2022.Added by P.L. 353 2021 No. 66, § 1, eff. 6/30/2021.