Baldwin Senior High School recently issued the following announcement.
Dear Baldwin-Whitehall School District Parents/Guardians:
RE: Act 66 of 2021 - Student Grade Level Retainment Guidance
On June 30, 2021, Governor Tom Wolf signed Act 66 of 2021 (Act 66) into law. Act 66 permits students that were enrolled in the Baldwin-Whitehall School District during the 2020-21 school year to repeat their grade level in an effort to make up for any lost educational opportunities due to the COVID-19 pandemic, even if the student met the requirements to be promoted to the next grade level.
Specifically, Act 66 provides for the following:
- A special education student who turned 21 during or after the 2020-2021 school year and before the 2021-2022 school year, and who was enrolled in a school entity for the 2020-2021 school year, may:
- Re-enroll in the school entity for the 2021-2022 school year; and
- Participate in extended school year (ESY) programming in 2021.
- Any child may repeat his or her grade level from the 2020-2021 school year during 2021-2022, even if the child could have advanced to the next grade level. A child who repeats a grade level is entitled to participate in academic and extracurricular activities, including interscholastic athletics if eligible (Note: PIAA eligibility guidelines remain in place).
The District recognizes that making the decision for a child to repeat a grade level is difficult. To assist with this process, The Pennsylvania Department of Education (PDE) has prepared answers to questions concerning Act 66 of 2021, which are available as Attachment #2 of this letter.
Sincerely,
Randal A. Lutz, Ed.D.
Superintendent of Schools
*You may access the form by following this link.*
Additional Information
Act 66 of 2021 Student Grade Level Retainment
Notification Form for the 2021-22 School Year
On June 30, 2021, Governor Tom Wolf signed Act 66 of 2021 into law.
This Act permits the following for the 2021-22 school year:
- A student who was enrolled during the 2020-21 school year may repeat their 2020-21 school year grade level in an effort to make up for any lost educational opportunities due to the COVID-19 pandemic, even if the student met the requirements to be promoted to the next grade; and
- A student with a disability who was enrolled during the 2020-21 school year and turned age 21 (either during the 2020-21 school year or between the end of the 2020-21 and the beginning of the 2021-22 school year) may attend a school entity during the 2021-22 school year and receive services as outlined in their most recent Individualized Education Program (IEP) with all the protections under the Individuals with Disabilities Education Act (IDEA).
Parents/guardians interested in re-enrolling their child under the above options for the 2021-22 school year must submit this Act 66 of 2021 Student Grade Level Retainment Notification Form to the district and/or school that the student will attend in the 2021-22 school year on or before July 15, 2021. Do not submit the form to the Department of Education (PDE).
Instructions:
- Complete the Act 66 of 2021 Student Grade Level Retainment Notification Form for the 2021-22 school year.
- Contact the district/school that the student will attend during the 2021-22 school year for an email address to submit the form.
- Submit the completed form to the child's district and/or school on or before July 15, 2021.
- If a student under the age of 18 plans to repeat a grade, a parent or guardian must submit the form to the district/school.
- If a student 18 years of age or older plans to repeat a grade, the student must submit the form on their own behalf.
- Both the parent/guardian and the student must complete this form if a student with a disability was enrolled during the 2020-21 school year, turned 21 during the time periods listed above, and intends to return to school for the 2021-22 school year.
Name of Student - First: Middle: Last:
Student Date of Birth:
Student School ID Number (if known):
Student Address:
Name of Parent/Guardian:
Parent/Guardian Address:
Parent/Guardian Phone Number:
Name of School Entity (e.g., district, charter school, intermediate unit, career and technical education center, nonpublic school entities, Approved Private Schools, and Chartered School for the Deaf and Blind) the student attended during the 2020-21 school year:
Name of School Building the student attended during the 2020-21 school year:
Grade Level in the 2020-21 school year:
Name of Student's Homeroom or Primary Teacher in the 2020-21 school year:
I confirm the above-named student meets the following criteria and is eligible to enroll under Act 66 of 2020: (check one)
☐ Is a student under 18 years of age; or
☐ Is a student 18 years of age or older; or
☐ Is a student with a disability as defined in 22 Pa. Code § 14.101 (relating to definitions) who has reached 21 years of age during the 2020-21 school year or between the end of the 2020-21 school year and the beginning of the 2021-22 school year and was enrolled for the 2020-21 school year
Signature of Parent/Guardian:
Printed Parent/Guardian Name:
Signature of Student (if 18 years of age or older):
Printed Name of Student:
The Act 66 of 2021 Student Grade Level Retainment Notification Form must be submitted to the student's district and/or school on or before July 15, 2021. Do not submit this form to the Pennsylvania Department of Education.
Attachment #2
Act 66 of 2021 Student Grade Level Retainment
Notification – Answers to FAQ's
The following FAQ's are provided by the Pennsylvania Department of Education to assist parents/guardians in completing the notification form.
If a student graduated having met their Chapter 4 graduation requirements, should the student repeat a grade level?
No. Students who graduated in accordance with a school entity's graduation requirements set pursuant to Chapter 4 should not re-enroll in school.
If a parent/guardian wishes for their child to repeat a grade level but misses the July 15, 2021, timeline for submitting a request per Act 66, what are their options to request this option?
Parents/guardians should contact their child's school to discuss options for their child based on the school's established policies and procedures.
Does this law permit preschoolers to repeat a year?
No. The law allows students to repeat a grade level, and preschool is not considered a grade level.
If a student with a disability met Chapter 4 graduation requirements or met their IEP goals and objectives, should the student repeat a grade level?
No. Students with disabilities who graduated in accordance with a school entity's graduation requirements set pursuant to Chapter 4 graduation requirements, or by meeting goals and objectives as outlined in their IEPs, should not re-enroll.
What if a student with a disability decides to stay for an additional year, but the student already received a diploma solely by virtue of aging out (age 21)?
If a student received a diploma solely by virtue of aging out, the student should be permitted to enroll for the 2021-22 school year.
Special Education
The questions and answers below are specific to Special Education processes and procedures relevant to Act 66.
Process and Procedure Questions and Answers
Does this law require school entities to provide Extended School Year services (ESY) during the Summer of 2022 to those students with disabilities who stay an additional year?
Because the law requires school entities to implement the most recent IEPs of those students who stay an additional year, if a student's most recent IEP contains ESY, then school entities should provide it over the summer of 2022.
What if a student with a disability who has reached the age of majority is unable to provide approval or consent to stay an additional year?
In accordance with 34 C.F.R. § 300.520, IDEA rights of parents transfer to students at the age of majority. Under Pennsylvania law, the age of majority for purposes of special education is 21 years. In the event a student with a disability is unable to provide approval or consent to stay an additional year, the student's parent or guardian should follow the process of securing educational decision-making rights.
Should the decision to repeat a grade level or stay an additional year be made by IEP teams?
For the decision to repeat a grade level, the law indicates that the decision is to be made by a parent or guardian for students under 18 years of age and by the student who is at or over 18 years of age. For the decision to remain an additional year, the law indicates that the decision is to be made by a parent or guardian and the student. If possible, PDE's Bureau of Special Education recommends all decisions made for students with disabilities be made in conjunction with the IEP team and after a review of data.
Must local education agencies (LEAs) revise IEPs for students with disabilities who are repeating a grade level or staying for an additional year?
IEPs should be revised in accordance with the circumstances set forth in 34 C.F.R. § 300.324(b).
Must LEAs complete re-evaluations for students with disabilities who are repeating a grade level or staying for an additional year?
Re-evaluations should occur in accordance with the circumstances set forth in 34 C.F.R. § 300.303(a).
Must LEAs issue Notices of Recommended Educational Placement/Prior Written Notices (NOREP/PWN) solely if students with disabilities decide to repeat a grade level or stay an additional year?
No. NOREP/PWNs should be issued in accordance with the prior written notice requirements set forth in 34 C.F.R. § 300.503.
Do the age range restrictions in Chapter 14 of the Pennsylvania Code apply for the 2021-22 school year?
Yes. In accordance with 22 Pa. Code § 14.146, a student with a disability may not be placed in a class in which the chronological age from the youngest to the oldest student exceeds these limits, unless an exception is determined to be appropriate by the IEP team of that student and is justified in the IEP.
Does a student with a disability who is staying for an additional year count towards the caseload limitations in Chapter 14 of the Pennsylvania Code?
No. In accordance with 22 Pa. Code § 14.105, caseload limitations apply only to students with a disability. 22 Pa. Code § 14.101 defines "student with a disability" as a child of school age who meets the criteria in 34 C.F.R. § 300.8.
22 Pa. Code § 11.12 defines "school-age" as ending upon graduation from high school or the end of the school term in which a student reaches the age of 21 years, whichever occurs first.These students should be included on caseloads.
Do the facility restrictions in Chapter 14 of the Pennsylvania Code include a student with a disability who is staying for an additional year?
Yes. In accordance with 22 Pa. Code § 14.144(3)(v), each special education class must be composed of at least 28 square feet per student.
Data and Fiscal Questions and Answers
Should LEAs report students with disabilities who are staying for an additional year in the 2021-22 October 1 Child Count, December 1 Child Count, and the July Submission PIMS Collections?
Yes.
Should LEAs include students with disabilities who are staying for an additional year in their Act 16 reporting?
Yes.
Are LEAs eligible to receive Basic Education Funding (BEF) and Special Education Funding (SEF) for students with disabilities who are staying for an additional year?
Yes.
Are LEAs eligible to receive IDEA funding for students with disabilities who are staying for an additional year?
LEAs will receive IDEA funding for those students with disabilities who stay an additional year if they are reported in the 2021-22 December 1 Child Count PIMS Collection and are 21 years of age when reported.
What if an LEA has already marked a student with a disability who elects to stay an additional year as a student leaver for purposes of the Pennsylvania Post School Outcome Survey (PaPOS)?
If a school district has already marked a student with a disability as a leaver and the student has already completed the PaPOS but elects to stay an additional year, they will be removed from the sample during the post process and should be part of the PaPOS process for the following school year.
Original source: https://www.bwschools.net/our-district/district-news/district-news-details/~post/act-66-of-2021-student-grade-level-retainment-guidance-20210706
Alerts Sign-up