Section 12-1207.4 - Special Provisions Applicable to 2020-2021 School Year(a) Beginning on the effective date of this subsection and notwithstanding any other provision of law to the contrary, the Secretary of Education may do any or all of the following: (1) Waive the requirement to satisfactorily complete the assessment of basic skills required under section 1207.3 and 22 Pa. Code § 49.18(c) (relating to assessment) during the 2020-2021 school year. This paragraph shall expire June 30, 2021.(2) Issue a temporary provisional certificate to an educator who has completed a preparation program and meets all requirements for certification except the satisfactory completion of the assessments required pursuant to 22 Pa. Code § 49.18(c) because the assessments were canceled or could not be scheduled. A temporary provisional certificate issued under this paragraph shall expire after one year of issuance and may be converted to a Level I Pennsylvania certificate upon submission of evidence of satisfactory completion of the required assessments to the Department of Education. This paragraph shall expire on June 30, 2021.(3) Issue an exceptional case permit for a professional employe at the request of a school entity that employs the professional employe who completed the final year of Level I Pennsylvania certificate validity in the 2019-2020 school year and who was unable to complete the assessment requirements for conversion to a Level II Pennsylvania certificate under 22 Pa. Code § 49.18(a)(2)(iii) because the assessments were canceled or could not be scheduled. The exceptional case permit shall expire one year from the date of issuance. This paragraph shall expire June 30, 2021.(4) Issue a temporary certificate to an individual who is unable to complete the appropriate subject matter test for areas other than health and physical education, cooperative education, all special education areas and additional areas as may be determined by the Department of Education under 22 Pa. Code § 49.18(e) when the Department of Education determines that the relevant assessment has been canceled or could not be scheduled. An individual who provides evidence as required by the Department of Education indicating that the individual attempted to access testing and was denied registration may be eligible for issuance of a temporary certificate under this paragraph. The temporary certificate shall expire one year from the date of issuance and may be converted to a full instructional certificate by providing proof of satisfactory achievement on the required test to the Department of Education. This paragraph shall expire June 30, 2021.(5) Extend an emergency permit issued under 22 Pa. Code § 49.31 (relating to criteria for eligibility) during the 2020-2021 school year at the request of a school entity that employs an emergency permit holder when an employe is unable to complete the requirements associated with the permit because the program credits or assessment could not be completed or scheduled. The extended emergency permit shall expire one year from the date of extension. This paragraph shall expire June 30, 2021.(6) The following provisions relating to testing shall apply:(i) The Secretary of Education may waive the NIMS assessment and the NOCTI exam on a school-wide basis or for a specific career and technical education program provided by a school entity based on the recommendations of directors of career and technical education programs under 22 Pa. Code Ch. 339 (relating to vocational education). The recommendations shall account for the length of time a career and technical center was open for in-person student instruction and the subject matter of the program affected.(ii) The Secretary of Education shall waive the requirement to include performance data otherwise required under section 1123(b)(1)(ii) in a professional employe's performance rating under section 1123.(b) Beginning on the effective date of this subsection and notwithstanding any other provision of law to the contrary, the deadline by which any paraprofessional employed by a school entity as of March 13, 2020, must satisfy staff development activity hour requirements under 22 Pa. Code § 14.105 (relating to personnel) shall be extended until June 30, 2021. This subsection shall expire one year from the effective date of this subsection.(c) The Secretary of Education may apply to the United States Department of Education for a waiver of the testing and accountability requirements of the Elementary and Secondary Education Act of 1965 ( Public Law 89-10, 20 U.S.C. § 6301 et seq.), as amended by the Every Student Succeeds Act ( Public Law 114-95, 129 stat. 1802), if the United States Department of Education provides an opportunity to apply for such a waiver for the 2020-2021 school year. This paragraph may not be construed to include the power of the secretary of education to seek a waiver for future school years without legislative approval.
Added by P.L. TBD 2020 No. 136, § 4, eff. 11/25/2020.