On June 30, 2021, Governor Tom Wolf signed Act 66 of 2021 (Act 66) into law. Act 66 permits students that were enrolled 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. Parents/guardians and students, at or over the age of 18, have until July 15, 2021, to elect to have their child or themselves repeat a grade level for the 2021-22 school year. Throughout this guidance, these students are referred to as “students repeating a grade level.”  

Additionally, Act 66 permits students with disabilities who were enrolled during the 2020-21 school year and turned age 21 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, to attend a school entity during the 2021-22 school year and receive services as outlined on their most recent Individualized Education Program (IEP) with all the protections under the Individuals with Disabilities Education Act (IDEA). Throughout this guidance, these students are referred to as “students staying an additional year.”

This guidance provides school entities with a summary of considerations regarding families’ decisions to repeat a grade level or remain an additional year for the 2021-22 school year. This guidance is not intended to provide legal advice – school entities should consult with their legal counsel.

Act 66 applies to students enrolled in any of the following school entities in Pennsylvania during the 2020-21 school year: a school district, intermediate unit, career and technical education center, charter school, cyber charter school, regional charter school, nonpublic school, approved private schools, and chartered schools for the deaf and blind.

Parents/guardians interested in re-enrolling their child under the above options for the 2021-22 school year must submit the Act 66 of 2021 Student Grade Level Retainment Notification Form to the school district and/or school that the student will attend in the 2021-22 school year on or before July 15, 2021. They are not to submit the form to the Pennsylvania Department of Education (PDE).

The form will be made available on the PDE webpage beginning Tuesday, July 6, 2021 at: https://www.education.pa.gov/Schools/safeschools/emergencyplanning/COVID-19/SchoolReopeningGuidance/ReopeningPreKto12/Pages/Student-Grade-Level-Retainment-(Act-66).aspx.