PRIORH2788B4303A06843 PRINTER'SNAD:EJH NOS.08/31/20 #90 A06843 AMENDMENTS TO HOUSE BILL NO.

4259,2788 4303Sponsor: PRINTER'S NO.

4333REPRESENTATIVE THED. GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2788MILLER 2020Printer's INTRODUCEDNo. BY TOPPER, REESE, BOROWICZ, COX, SCHLEGEL CULVER, DAVANZO, DOWLING, DRISCOLL, DUSH, ECKER, EVERETT, GABLER, GLEIM, GREGORY, GROVE, HEFFLEY, HILL-EVANS, JOZWIAK, KAUFFMAN, KEEFER, KLUNK, KNOWLES, MARSHALL, MILLARD, MIZGORSKI, OBERLANDER, PEIFER, POLINCHOCK, SANKEY, SAYLOR, BURNS, KULIK, PETRARCA, LEWIS, KAIL, GAYDOS AND ROWE,RTZ, AUGUST 18, 2020 AS SEPTEMBER 1, 2020 CONSIDERATION, HOUSE OF REPRESENTATIVES, 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,4303 revising,Amend consolidatingBill, andpage changing1, theline laws6, relatingby thereto,"striking inout pupils"AGE andLIMIT attendance,EXTENSION providingDURING forCOVID-19 agePANDEMIC limitOF extension2020" duringand COVID-19inserting pandemicextended ofspecial 2020education <--enrollment EXTENDEDdue SPECIALto EDUCATIONCOVID-19 ENROLLMENTAmend DUEBill, TOpage COVID-19;1, lines 14 through 17;

and,page <--2, inlines terms1 andthrough courses7; of study, providing for option year of education due to COVID-19.

Theby Generalstriking Assemblyout all of thesaid Commonwealthlines ofon Pennsylvaniasaid herebypages enactsand asinserting follows:Section 1383.

SectionExtended 1.Special Education Enrollment Due to COVID-19.--(a) For the 2020-2021 school year, a parent or guardian may enroll a student with a disability as defined in 22 Pa.

TheCode act§ of14.101 March(relating 10,to 1949definitions) (P.L.30,who, No.14),during knownthe as2019-2020 school year, was enrolled in a school entity and reached 21 years of age on or after the Publicissuance Schoolof Codethe proclamation of 1949,disaster isemergency amendedissued by addingthe sectionsGovernor toon read:March 6, 2020, published at 50 Pa.B.

Section 1301.1.

Age Limit Extension During COVID-19 Pandemic <-- of 2020.--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.

SECTION 1383.

EXTENDED SPECIAL EDUCATION ENROLLMENT DUE TO <-- COVID-19.--(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).

(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):

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

(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.

(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.

(C) 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 20200HB2788PN4333 - 2 - 22 PA.

CODE CH.

14 (RELATING TO SPECIAL EDUCATION SERVICES AND PROGRAMS).

"SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT SCHOOL, AREA CAREER AND TECHNICAL SCHOOL, CHARTER SCHOOL, REGIONAL CHARTER SCHOOL OR CYBER CHARTER SCHOOL.

Section 1501.10.

Option Year of Education Due to COVID-19.-- (a) The welfare of this Commonwealth requires that the present generation of school age children be provided ample opportunity to develop to their fullest intellectual capacities.

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 the proclamation of disaster emergency issued by the Governor on March 6, 2020, published at 50 Pa.B.

(b) Notwithstanding any other provision of law,law forto the 2021-2022contrary, schoolthe year,following ashall parentapply may elect to have a childstudent enrolled in a school entity repeatunder asubsection grade(a): 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.

(1) The parentalschool electionentity under this subsection shall includeenroll participationthe student in allaccordance academicwith orthe extracurricularstudent's activities,IEP. <-- EXCEPT FOR INTERSCHOLASTIC ATHLETICS.

(c)(2) AThe schoolstudent entitymay shallenroll createin athe processschool entity for athe parent2020-2021 toschool makeyear thefree electionof undercharge subsectionuntil (b)the andend postof the processschool onyear. its publicly accessible Internet website.

(d)(3) (1)The Asstudent's usedattendance inshall thisbe section,included in the term "school entity" <-- shall mean a school district,entity's intermediateaverage unit,daily areamembership careerfor andpurposes technicalof school,calculating charterthe school,special cybereducation chartersubsidy school,under regionalArticle charterXXV. school or nonpublic school entity.

20200HB2788PN4333(c) -As 3used -in (2)this ASsection, USEDthe INfollowing THISwords SECTION,and THEphrases TERMshall "INTERSCHOLASTIChave <--the ATHLETICS"meanings SHALLgiven MEANto ALLthem ATHLETICin CONTESTSthis ORsubsection COMPETITIONSunless CONDUCTEDthe BETWEENcontext ORclearly AMONGindicates SCHOOLotherwise: ENTITIES SITUATED IN ANY SCHOOL DISTRICT.

Section"IEP." 2.An individualized education program established under 22 Pa.

ThisCode actCh. shall take effect immediately.

20200HB2788PN433314 -(relating 4to -special education services and programs).

"School entity." A school district, intermediate unit, joint school, area career and technical school, charter school, regional charter school or cyber charter school.

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