Act 66 Information

Governor Wolf signed into law Senate Bill 664 known as Act 66 on June 30, 2021. Act 66, intended to address learning gaps believed to have been caused by the COVID-19 pandemic, permits parents/guardians the option to have their children retained for an additional year of school. Adult learners can choose to return for an additional year of school as well. To exercise this option, parents/guardians of regular or special education learners, or adult learners must complete and submit the Student Grade Level Retainment Notification Form by July 15, 2021.

Click on this link to download the Student Grade Level Retainment Notification Form . Please note that the form MUST be completed and submitted to the school district central administration offices or to the school the learner will attend for the 2021-22 school year by the July 15, 2021, due date. Forms are not to be submitted to PDE. If you need assistance, contact your child's school.

Additional Information:

Special education learners who turned age 21 prior to or during the 2020-21 school year are eligible to enroll for the 2021-22 school year provided the Student Grade Level Retainment Notification Form is completed by the July 15, 2021, deadline. All provisions of IDEA will be followed and the learner's most current IEP will be implemented. Check the Answers to FAQs below for more information regarding special education learners.

PIAA rules have not been expanded regarding eligibility. Therefore, learners who opt to attend the additional year of school will not gain an additional year of eligibility to participate in interscholastic athletics. However, learners will be permitted to participate in school-sponsored activities.

Answers to FAQs

The Pennsylvania Department of Education (PDE) has prepared answers to questions in regard to Act 66 of 2021, which are available below. Click on the link to access the PDE webpage for Act 66.

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.