What About This Extra School Year...?

By AYZ Education Law Group

July 2, 2021

So where do things stand with the “extra” school year we have been hearing about in connection with lost instructional time due to COVID closures? With the recently passed Act 66 of 2021 amendments to Section 1383 of the School Code, students with disabilities who turned 21 during the 2020-2021 school year, or during the summer of 2021, have the opportunity to attend an additional year of schooling during the 2021-2022 school year.

For students who elect an additional year, the school district must: (1) implement the student’s most recent IEP; (2) include the student’s attendance in the average daily membership; and (3) provide Extended School Year (ESY) services for the summer of 2022 in accordance with the student’s most recent IEP. The school district must also continue to provide students special education services for the duration of the school year.

Additionally, the Act adds Section 1501.10 allowing parents of students under the age of 18 to repeat a grade level for the 2021-2022 school year, regardless of whether they met the requirements to be promoted to the next grade level. Students who are 18 or older may themselves elect to repeat a grade level.

Students who repeat grade levels must be able to participate in academic and extracurricular activities, including interscholastic athletics, but must still meet the regular athletic eligibility requirements.

There was some confusion regarding the responsibility for creating the required election form and how the form was to be communicated to families. As enacted, the Act requires that the Pennsylvania Department of Education (PDE) will develop an election form for parents/guardians to complete, which will be posted to their website. Parents/guardians must complete and submit the form by July 15, 2021.

The Act has implications for procedural and programming requirements under the School Code and IDEA. We anticipate some additional guidance from PDE regarding these changes in the coming days.

Should you have any questions regarding your responsibilities in connection with these changes, or any other issue impacting schools, please do not hesitate to contact William Zee, Esquire or any of the attorneys in the Appel, Yost & Zee Education group.