How HB 2788 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes provisions for extending age limits and special education enrollment due to the COVID-19 pandemic, as well as allowing students to repeat a grade level.

• Section 1301.1

  Notwithstanding section 1301, every student who was twenty (20) or twenty-one (21) years of age before the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of disaster emergency, and who was enrolled in a school district of this Commonwealth, in accordance with section 1301, during the proclamation of disaster emergency, or any renewal of the state of disaster emergency, shall be eligible for a twelve-month extension of eligibility under section 1301 free of charge.

  This provision allows students aged 20 or 21 during the COVID-19 emergency to extend their enrollment eligibility for an additional year.

• Section 1383

  (A) FOR THE 2020-2021 SCHOOL YEAR, A PARENT OR GUARDIAN MAY ENROLL A STUDENT WITH A DISABILITY AS DEFINED IN 22 PA. CODE § 14.101 (RELATING TO DEFINITIONS) WHO, DURING THE 2019-2020 SCHOOL YEAR, WAS ENROLLED IN A SCHOOL ENTITY AND REACHED 21 YEARS OF AGE ON OR AFTER THE ISSUANCE OF THE PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020, PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020).

  This allows parents to enroll students with disabilities who turned 21 during the COVID-19 emergency for the 2020-2021 school year.

• Section 1383

  (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):

  This introduces specific conditions for students enrolling under the new provision regarding disabilities.

• Section 1383

  (1) THE SCHOOL ENTITY SHALL ENROLL THE STUDENT IN ACCORDANCE WITH THE STUDENT'S IEP.

  This mandates that the school must enroll special education students according to their individualized education programs.

• Section 1383

  (2) THE STUDENT MAY ENROLL IN THE SCHOOL ENTITY FOR THE 2020-2021 SCHOOL YEAR FREE OF CHARGE UNTIL THE END OF THE SCHOOL YEAR.

  This allows the student to enroll without any fees for that school year.

• Section 1383

  (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.

  This includes the attendance of these students when calculating state funding for special education.

• Section 1501.10

  (b) Notwithstanding any other provision of law, for the 2021-2022 school year, a parent may elect to have a child in a school entity repeat a grade level to make up for any lost educational opportunities during the 2019-2020 and 2020-2021 school years regardless of whether the child met the requirements to be promoted to the next grade level.

  This allows parents to decide if their child should repeat a grade to recover educational losses from the pandemic.

• Section 1501.10

  (b) The parental election under this subsection shall include participation in all academic or extracurricular activities, EXCEPT FOR INTERSCHOLASTIC ATHLETICS.

  This specifies that students repeating a grade can participate in most activities, but not in interscholastic sports.

• Section 1501.10

  (d) (1) As used in this section, the term 'school entity' shall mean a school district, intermediate unit, area career and technical school, charter school, cyber charter school, regional charter school or nonpublic school entity.

  This clarifies the definition of 'school entity' as it applies to the new provisions.

• Section 1501.10

  (2) AS USED IN THIS SECTION, THE TERM 'INTERSCHOLASTIC ATHLETICS' SHALL MEAN ALL ATHLETIC CONTESTS OR COMPETITIONS CONDUCTED BETWEEN OR AMONG SCHOOL ENTITIES SITUATED IN ANY SCHOOL DISTRICT.

  This defines what is meant by 'interscholastic athletics' in relation to the new rules.