About Act 1 of 2022 / General Questions
Act 1 of 2022 (Act 1) created a new section of the Public School Code known as “Assisting Students Experiencing Education Instability” (P.S. 13-1331.1). Act 1 promotes timely high school graduation and facilitates equal access to academic and extracurricular activities and the removal of systemic barriers for students who experience education instability as defined by the legislation.
For a comprehensive overview, please view one of the informational training videos:
Act 1 Overview Training by the Pennsylvania Department of Education. Posted September 2022.
Understanding and Implementing Act 1 of 2022 by Center for Schools and Communities in partnership with the Pennsylvania Department of Education. Posted June 2025.
See also the Act 1 of 2022 Assisting Students Experiencing Education Instability Basic Education Circular.
A student experiencing “educational instability” is a student who has one or more changes in school entity enrollment during a single school year as a result of any of the following:
- Homelessness, as defined in the McKinney-Vento Homeless Assistance Act and as determined by the school entity;
- An adjudication of dependency under 23 Pa.C.S. Ch. 63 (relating to child protective services/placement into foster care) and 42 Pa.C.S. Ch. 63 (relating to juvenile matters);
- An adjudication of delinquency under 23 Pa.C.S. Ch. 63 and 42 Pa.C.S. Ch. 63 as disclosed at the discretion of the parent or guardian of the student; or
- An adjudication as part of court-ordered services under a voluntary placement or custody agreement.
In summary, eligibility under Act 1 involves two key criteria the student must experience a change in school entity enrollment and must have experienced education instability due to any of the circumstances described above. Students must meet both conditions to be eligible for Act 1 protections.
It is important to note that other highly mobile student groups, such as migrant children or children in military families, are not automatically eligible under Act 1. However, school entities are encouraged to screen for cross-eligible or dually identified students, such as a migrant student who is also experiencing homelessness.
Note: School entities may extend certain protections defined in Act 1 to other student groups if they do not meet eligibility requirements. These protections include ensuring equal access to all school activities and extracurricular activities, eliminating fees and fines, assessing graduation progress, and planning for timely graduation. However, soliciting a prior school to issue a diploma and the Act 1 of 2022 Keystone Diploma, are only available to students who qualify for Act 1.
For a student to be eligible under Act 1, there must be a change in the school entity, not merely a change of school buildings within the same district. That means eligibility requires a transition between distinct educational entities, such as from one school district to another, or from a school district to a charter school.
Transferring from, for instance, one middle school to another within the same district does not constitute an eligible change for the purposes of Act 1. Generally, verify if a student’s enrollment change shows a change in Administrative Unit Number (AUN). The AUN is a unique identifier assigned by the Pennsylvania Department of Education to each school entity.
Act 1 applies to students regardless of whether they have returned to their former school, started at a new school, or re-engaged in school after an extended absence. The following are a few examples of eligible school changes to illustrate eligibility.
Example 1: A student experiencing homelessness starts at a new school in a different school entity because it is in their new area of attendance.
Example 2: A student in foster care returns to their prior school after being enrolled in a host school district during a residential treatment facility placement.
Example 3: An adjudicated delinquent student attends a private alternative education placement within another school entity and then returns to their prior school or a new school.
Example 4: A student moves between school entities due to a foster care placement change, and the outcome of the BID is that the student will change school entities.
One example where a student would not qualify is when a district or charter school places a student outside of a district or charter school classroom into an educational program of an Intermediate Unit, but the student remains enrolled in the district or charter school. While the student may meet part of the qualification (e.g. in foster care placement) the student has not experienced a change in school entity. The student’s enrollment has been maintained by the same school entity.
If a student is enrolled into a cyber charter school as a result of education instability, it is an eligible school change. A change in school entity has occurred.
If a student experiencing education instability moves to a cyber program within the same school entity in which they are currently enrolled, the student is not eligible under Act 1 because the school entity has not changed.
There are a number of supports available. For general questions, please email RA-EDDOP@pa.gov. To request 1:1 technical assistance and training, please email Act1Training@csc.csiu.org.
Eligibility
Under the law, a student is considered to have experienced “education instability” if two conditions are met:
- They have one or more changes in school entity enrollment during a single school year, and
- They are identified as one of the following:
- A student experiencing homelessness, as defined by the McKinney-Vento Homeless Assistance Act.
- A student in foster care, meaning a dependency adjudication.
- A student involved in the juvenile justice system, through a delinquency adjudication.
- A student receiving court-ordered services through a voluntary placement or custody agreement.
Students must meet both conditions to be eligible for Act 1 protections.
It is important to note that other highly mobile student groups, such as migrant children or children in military families, are not automatically eligible under Act 1. However, school entities are encouraged to screen for cross-eligible or dually identified students, such as a migrant student who is also experiencing homelessness.
Note: School entities may extend certain protections defined in Act 1 to other student groups if they do not meet eligibility requirements. These protections include ensuring equal access to all school activities and extracurricular activities, eliminating fees and fines, assessing graduation progress, and planning for timely graduation. However, soliciting a prior school to issue a diploma and the Keystone Diploma, are only available to students who qualify for Act 1.
There is no specific documentation required to prove Act 1 eligibility. School entities are responsible for identifying students who experience education instability and are eligible for the benefits provided under Act 1. School entities should adopt flexible identification methods and determine eligibility using minimal documentation.
For example, a notification letter from a county children and youth agency regarding foster care placement status, in addition to discussion with the school’s Foster Care Point of Contact (POC) related to a school entity change for a student in foster care can verify Act 1 eligibility. For students that may be experiencing homelessness, LEAs may also use a McKinney-Vento identification form or student residency questionnaire in combination with discussions or interviews with parents or guardians to help identify students for eligibility.
Identification may take place through various procedures developed by each school entity and may be informed by multiple sources within and outside the school system (like the example above). Collaborate with key school personnel such as the Homeless Liaison, Foster Care POC, and enrollment staff. These connections are often established during the enrollment process, when students are identified for McKinney-Vento services, or after Best Interest Determination meetings for students in foster care.
Outside of the school, build strong partnerships with community providers, including shelter staff, outreach workers, child welfare caseworkers, and case managers. Also consider involving juvenile probation officers, residential facility staff, and foster care placement providers as important collaborators in identifying eligible students.
Eligibility must be documented in the student’s education record to ensure they receive the full protections and supports guaranteed under the law. It is also essential to protect the confidentiality of a student’s Act 1 eligibility status. This information should only be shared with appropriate school personnel who have a legitimate educational interest, such as school counselors.
For students identified as eligible under Act 1 in grades 9 through 12, all protections remain in place for the entirety of their high school career. During this time, Act 1 requires the development of an individualized, student-specific Graduation Plan to support educational continuity and ensure on-time graduation. For example, a student identified as eligible in 9th grade will retain Act 1 protections through the end of 12th grade.
For students identified in grades K through 8, Act 1 eligibility and protections may continue for the duration of their education instability and, at a minimum, for the entire school year in which the instability and Act 1 eligibility were first identified. Because Act 1 does not clearly define the duration of protections for younger students, school entities are encouraged to consult with their solicitor for further guidance.
No. A student’s foster care or homeless status/identification alone is insufficient for identification as an Act 1 eligible student. The student must also change school entities one or more times during a single school year to be eligible for Act 1. However, your school entity may decide to assist non-eligible students with certain benefits of Act 1. For example, your school entity may decide to develop a Graduation Plan for any student in foster care enrolled in your school entity.
No. To qualify under Act 1, the change in school enrollment must occur between two public school entities. Private schools are not included in the definition of a school entity under the law. However, schools may choose to apply Act 1 benefits on a case-by-case basis at their discretion during school moves that include private schools.
School Entity Responsibilities
(1) A school district.
(2) A charter school.
(3) A cyber charter school.
(4) A regional charter school.
(5) An intermediate unit.
(6) A career and technical school.
For a student to be eligible under Act 1, there must be a change in the school entity, not merely a change of school buildings within the same district. That means eligibility requires a transition between distinct educational entities, such as from one school district to another, or from a school district to a charter school, an intermediate unit, or a career and technical education center.
Act 1 outlines specific responsibilities for school entities. Each entity is required to develop clear policies and procedures that ensure students experiencing education instability receive the benefits of Act 1. Policies and procedures must ensure the following:
School entities must ensure that eligible students have equal access to educational programs, extracurricular activities, and school-sponsored events.
- Even if a student arrives after typical registration deadlines or mid-year, the school entity is expected to extend deadlines for participation as long as they meet placement or qualification requirements.
- The school entity is also expected to waive required activity fees and assist with other expenses that might otherwise prevent participation – such as costs for school or sports uniforms or field trips. Students or families are not required to demonstrate economic hardship to receive a fee waiver.
School entities must adopt policies regarding credit assessments.
- Act 1 requires schools to conduct a thorough review of a student’s academic history and prior coursework, including any instruction completed in residential facilities.
- This policy must outline how full or partial credit will be granted for work already completed. It must also include flexibility – recognizing, for example, that similar courses might have different names across school entities.
- Rather than relying on course titles alone, schools should evaluate previous coursework based on its content and alignment with academic standards.
- LEAs must create an individualized Graduation Plan for students in grades 9-12, which should assess graduation progress. Please refer to the Graduation Plan Toolkit for more information.
School entities must establish a Point of Contact (POC) for every eligible student.
- The POC plays a critical role in ensuring that the student is identified properly and that all Act 1 requirements are fulfilled. The name of the assigned POC must be included in the student’s education record.
Act 1 requires that school entities “waive fees that would otherwise be assessed against a student.” Some examples of fees to be waived for students experiencing educational instability include, but are not limited to: School ID fees, uniform fees, participation fees for athletics, extra-curricular activities, school-sponsored trips, or clubs, course fees, materials fees, fees assessed for lost or damaged materials, athletic physical exam fees, parking or driving fees, school lunch fees, library fees, locker or padlock rental or replacement fees, summer school and credit recovery fees, technology fees, and graduation regalia fees.
Act 1 of 2022 does not establish specific transportation requirements for school entities. However, school entities should carefully consider how transportation assistance supports equitable access and full participation in school for Act 1-eligible students, which are key priorities of Act 1.
While Act 1 itself does not mandate transportation, many Act 1-eligible students may qualify for protections under other laws. For example, children and youth experiencing homelessness or in foster care have the right to remain in their school of origin, which often includes a requirement for transportation assistance to support school stability.
Any transportation related fees, such as parking permit fees or fees associated with driver education training, would be examples of eligible fees that must be waived for Act 1-eligble students.
Act 1 Point of Contact (POC)
Under Act 1, school entities are required to assign a POC for each eligible student. The POC can be any school staff member, and their appointment may vary based on the size, structure, and needs of the school entity. Act 1 allows for flexibility, so decisions should reflect the unique context of each school or district.
In some school entities, it may be appropriate for the McKinney-Vento Homeless Liaison or Foster Care POC to also serve as the Act 1 POC. In other cases, while these individuals should coordinate closely with the Act 1 POC, they may not be best positioned to carry out all the responsibilities associated with the role. Many school entities have assigned this role to school counselors, who are already involved in academic planning and familiar with student records. Larger school entities may consider appointing a school entity-level POC who collaborates with designated POCs at each school building who are able to work more closely with identified students.
Regardless of who is appointed, the Act 1 POC plays a vital role in ensuring that the student is properly identified and that all Act 1 requirements are implemented. The name of the assigned POC must be documented in the student’s education record. The school entity and Act 1 POC should also work together to ensure that the student’s eligibility is communicated to their Education Decision Maker (EDM).
School entities should post the contact information of their POC(s) on their website, so parents or caregivers may contact them when questions or support are needed, or questions about eligibility arise.
Beyond assisting with the identification of eligible students, the responsibilities of the Act 1 POC include:
- Managing student records: Lead or support timely record management, including immediately requesting the complete education record from the prior school entity (including IEP and 504 plans) and promptly transferring records upon request. Record transfer requests must be fulfilled within 10 business days.
- Reviewing academic history: Ensure a thorough investigation and assessment of the student’s complete academic history to ensure all previous credit has been properly evaluated and to inform placement and support.
- Coordinating course placement: Collaborate with appropriate staff to ensure the student is promptly placed in appropriate courses aligned with their academic progress.
- Facilitating support services: Expedite the student’s access to school counselors and mental health professionals, as appropriate.
- Connecting to school resources: Refer students to relevant school resources and extracurricular opportunities. Work to remove any barriers to participation, including addressing activity fees or other related costs.
- Developing a Graduation Plan: For students in grades 9 – 12, collaborate with the student to create and implement a Graduation Plan that supports on-time graduation. The Graduation Plan must be included in the student’s education record and shared with their EDM. LEAs may use design their own template, or they may use the Graduation Plan template.
Involving Act 1-eligible students in the development of their Graduation Plans is strongly encouraged and considered best practice. A sample form is available to support student participation in the development of their Graduation Plan.
Students bring valuable perspectives about their academic progress, future goals, and the barriers they may be experiencing. Including them in planning discussions empowers them to advocate for their needs, monitor their own progress, and feel a greater sense of control and confidence in their path toward graduation.
The POC should work collaboratively with the student and a range of supportive adults to ensure a comprehensive and accurate Graduation Plan. This includes documenting any prior coursework, life experiences, or alternative educational settings that may satisfy local graduation requirements and contribute to full or partial credit mapping. Doing so can help prevent duplicative coursework and support on-time graduation.
In addition to the student, the POC may include other key collaborators in the development and maintenance of the student’s Graduation Plan. Key collaborators may include prior school entity staff, caregivers, County Children and Youth Agency (CCYA) caseworkers, juvenile justice representatives such as probation or parole officers, shelter or residential facility staff, Alternative Education for Disruptive Youth (AEDY) Program staff, and relevant school entity personnel such as the McKinney-Vento Homeless Liaison and the Foster Care POC.
By taking a team-based and student-centered approach, school entities can create more personalized, flexible, and comprehensive Graduation Plans that reflect a complete history of each student’s academic journey.
Yes. A student’s Act 1 eligibility – and for students in grades 9 through 12, their Graduation Plan – should be included in the student’s education record and shared with the new school entity upon request.
While school entities should exercise discretion when sharing Act 1 eligibility information, it may be disclosed to individuals who have a legitimate educational interest. Only information necessary to ensure the continuation of Act 1 protections should be shared; omit including sensitive or irrelevant details.
Additionally, schools should engage the student and their EDM in a conversation about the student’s Act 1 status, including how this information may be shared with a new school entity. This helps ensure that the student continues to receive Act 1 benefits after transferring.
Currently, there is no public directory of Act 1 POCs for every school entity. However, every eligible student must be assigned an Act 1 POC. The POC’s contact information must be shared with the student’s EDM and maintained as part of the student’s academic record.
School entities are encouraged to post the contact information of their Act 1 POC(s) on their websites and to identify/share the contact information of a staff member who can respond to Act 1-related inquiries from parents, caregivers, and the public.
Parents, caregivers, and other individuals supporting students may also contact the school’s Homeless Liaison or Foster Care POC, who can help direct Act 1-related questions appropriately.
Credit Policies and Credit Assessments
Act 1 requires school entities to establish policies for awarding full and partial credit in a way that promotes flexibility and supports on-time graduation for students experiencing educational instability. This includes accepting coursework from previous schools, even when it does not fully align with the current school’s local requirements (e.g. time spent receiving education at a residential treatment facility). School entities must also consider alternative assessments and demonstrations of competency as valid ways for students to earn credit. School entities should follow these steps to award full, partial, and alternative credit:
- Collect Documentation:
- Gather all available transcripts, course descriptions, and evidence of learning (e.g., projects, assessments, internships).
- Consider all potential sources for documentation (e.g. prior schools, residential placements, shelter providers, and child welfare agencies).
- Identify Equivalencies:
- Compare course titles and content to local curriculum standards.
- For example, a “Mythology” course from a previous school might satisfy the English 9 requirement if the content aligns.
- Award Credit:
- Full Credit: Where the course content and outcomes match local requirements, assign full credit. Full credit should be granted for any courses the student successfully completed.
- Partial Credit: Where courses were only partially completed due to education instability, assign partial credit. If only portions of a course meet the local requirements, clearly document what is missing and the steps to be taken to meet the requirements to obtain full credit.
- Offer Alternative Assessments:
- For unmatched coursework or gaps in coursework, consider alternative assessments like essays, special projects, presentations, or competency tests to demonstrate proficiency of content.
- Recognize or identify experiential learning, higher-level coursework, work experience, and internships as fulling a course or graduation requirement.
- Speak with the student and those who support them about possible alternative assessments to demonstrate their competence and discuss their academic history. For example, if a student reports that they are a strong writer, they may wish to explore an essay option.
- Consider Waivers:
- Local requirements may be waived by the chief school administrator due to experiencing educational instability, or if the student has demonstrated equivalent learning or competency (either through coursework or alternative assessments).
- The Pennsylvania Department of Education provides specific guidance on providing and accounting for graduation requirement waivers under Act 158. Find more information about statewide high school graduation requirements.
Note: Where graduation requirement waivers are granted to more than 5% of a graduating class due to extenuating circumstances (e.g., serious illness, death in family, emergency, frequent transfers, out of state transfers in grade 12), the school entity is not required to complete the improvement section within the annual Graduation Report, but consistent overage may result in a review by the state.
- Maintain Record-keeping:
- Clearly record the rationale for each credit decision in the student’s Graduation Plan, ensuring it is incorporated into their academic records.
- Strong record-keeping ensures that Graduation Plans are portable in the event of future school moves.
Course waivers should not be automatic but considered on a case-by-case basis, taking into account each student’s unique circumstances. A school entity may waive any course needed for graduation if the student has 1) completed similar coursework at another school entity, or 2) demonstrates competence in the content area. For example, a student returning to their prior school after 90 days in a residential treatment facility may be unable to complete the full physical education credit. In such cases, the chief school administrator may determine that waiving the credit is appropriate due to the student’s prolonged absence and the student’s previous academic history.
Importantly, if a course cannot be waived, a school entity must provide an “alternative or modified course” that will assist a student with acquiring the required work or competency requirements by the student’s anticipated graduation date.
In another scenario, a student experiencing homelessness entering a new school with a public speaking requirement may not be able to complete the course due to scheduling constraints with other required coursework. Again, the chief school administrator may choose to waive the local requirement if the student can demonstrate competency (i.e. completion of a presentation or demonstrating prior or current experience). Act 1 does not lower academic standards or expectations – it provides flexibility to ensure students are not penalized for disruptions caused by education instability.
Graduation
Act 1 offers the following options for qualifying students.
- Graduation from the Current School Entity
In many cases, students can graduate from their current school by meeting local graduation requirements, or a modified version, through an Act 1 Graduation Plan. Diplomas earned this way are identical to those of students who are not eligible under Act 1. - Graduation from the Prior School Entity
If the current school entity determines after a thorough review of the student’s Graduation Plan and academic records that it cannot issue a diploma, the current school entity may ask the student’s prior school entity to do so, provided the student meets that entity’s local graduation requirements. This option requires consent from chief school administrators at both school entities. - IEP-Based Graduation
Students with an Individualized Education Program (IEP) may graduate based on IEP goals, if appropriate. Act 1 does not alter a student’s rights under the IDEA and 22 Pa. Code Chapter 14, including the right to remain enrolled until the IEP team determines that graduation goals and benchmarks have been met, even if Act 1 provides an earlier pathway to graduation. - Keystone Diploma
If neither the current nor prior school entity can issue a diploma, the student’s current school entity may apply to PDE for a Keystone Diploma. This option is available when a student has met statewide graduation requirements but cannot meet local requirements. Keystone Diplomas are equivalent to locally issued diplomas and are not GEDs. PDE will review the application and work with the school entity to determine if a Keystone Diploma is the most appropriate option. Apply for the Keystone Diploma using this application link.
Once a student has met graduation requirements through one of the available Act 1 pathways, they must be permitted to graduate with their peers and participate in the graduation ceremony. It is best practice to have a student graduate with their peers from their current school, if that is the student’s preference. Students utilizing Act 1 must receive the same consideration as all other students with respect to graduation requirements and the value of their diploma.
Students eligible under Act 1 may qualify for a Keystone Diploma if they are unable to graduate from their current or prior school entity. A student is eligible for a Keystone Diploma if they meet the statewide graduation requirements outlined in Section 121 of the Pennsylvania School Code (24 P.S. § 1-121). Find more information about statewide high school graduation requirements.
The Pennsylvania Department of Education (PDE) provides a formal application process for school entities to request a Keystone Diploma. However, before submitting a request, school entities should explore all available graduation pathways under Act 1. The Keystone Diploma should be considered only when those pathways cannot be fulfilled.
Note: Students who graduate with a Keystone Diploma are reported as non-graduates in the school entity’s cohort graduation rate, which may negatively affect the school entity’s reported graduation cohort outcomes.
Yes, the Graduation Plan transfers with the student. Under Act 1, the Graduation Plan must be part of the student’s education record and should be provided to the new school entity when the student transfers.
The receiving school is expected to honor the existing plan to the greatest extent possible. The Act 1 POC, in consultation with other relevant school staff, should also carefully review any existing Graduation Plan to ensure that the plan includes all completed coursework and any demonstrations of competency or alternative assessments.
If adjustments are necessary in existing Graduation Plans due to differences in coursework or local graduation requirements, the school should collaborate with the student and relevant staff to revise the plan and ensure a smooth transition without delaying graduation.
School entities should remain flexible when supporting students experiencing education instability, especially regarding their preferences for ceremonial activities such as high school graduation, taking into account each student’s unique circumstances.
School entities are reminded that fees or materials associated with graduation, including graduation regalia used as part of the graduation ceremony, must be provided or waived for Act 1 eligible students.
Act 1 is a legal obligation for school entities in Pennsylvania, requiring them to make a good faith effort to provide eligible students in grades 9-12 with an individualized Act 1 Graduation Plan to support timely graduation. This plan must include a thorough investigation of academic history, modified coursework or alternative assessments, flexibility, and the waiver of fees to support the student’s full participation in school and school-sponsored activities. However, Act 1 of 2022 does not override rigorous local or state academic standards. Students remain responsible for completing the graduation requirements outlined in their Act 1 Graduation Plan. Regular meetings with the Act 1 POC or other school staff can help ensure a clear and supported pathway to graduation.
If a student chooses to decline the modified coursework and the option for timely graduation, the student may continue to enroll in courses and work toward satisfying graduation requirements through the end of the school year in which they turn 21, or until they turn 22 if they are special education students and included in their IEP. While Act 1 of 2022 is intended to provide pathways to graduation given the student’s unique circumstances, it does not require school entities to issue a diploma solely due to a student’s eligibility for services under Act 1.
Yes. A Graduation Plan Toolkit, including grade-level templates, is available. These resources may be used by your LEA as-is or adapted to meet local needs. Access the Graduation Plan Toolkit.
Reporting
Currently, there is no statutory requirement for school entities to track Act 1 eligibility or identify the student’s POC in PIMS.
However, school entities should develop their own methods for tracking Act 1 eligibility locally, and their POC(s) contact information should be listed on their school’s website. The Point of Contact’s name and contact information must be added to the student’s education record and given to the student’s education decision makers.
Act 1 does not change Child Accounting procedures but may impact financial reporting if fee waivers are applied. Schools should document any Act 1-related fee waivers in their internal financial records and, when appropriate, in student information systems to ensure consistency and transparency.
Although there are no additional state-level reporting requirements specific to Act 1 student identification, eligibility, or fee waivers, schools are expected to develop procedures for maintaining accurate records of Act 1-eligible students. They should also follow local financial accountability policies and retain clear documentation for auditing purposes.
Maintaining accurate records supports both compliance and equity, ensuring that students eligible under Act 1 are not denied participation in educational opportunities due to financial barriers. Specific questions regarding the accounting treatment of fee waivers can be sent to PDE at ra-CFRS@pa.gov.
The school district where the student is enrolled, the host district, is responsible for providing all services required under Act 1, including the waiver of fees for educational and school-sponsored extracurricular activities.
However, Act 1 and section 1306 of the School Code do not permit the host district to bill the student’s district of residence for costs beyond the established tuition rate. The tuition rate set by statute remains the only allowable charge to the resident district. Specific questions regarding the accounting treatment of fee waivers can be sent to PDE at ra-CFRS@pa.gov.
Please reference the table below for related graduation codes in PIMS.
|
806 |
Traditional Diploma |
|
816 |
GED |
|
826 |
Keystone Diploma |
For more information, please visit the PIMS manuals and calendar webpage.
School entities are required to submit a Graduation Report annually through the Future Ready Comprehensive Planning Portal (FRCPP). This report includes aggregate data on students graduating by pathway and by exception (e.g., waiver, IEP). Act 1 does not require a separate reporting process for students who graduate with the support of an Act 1 Graduation Plan. However, school entities should document when a student graduates through the completion of an individualized Act 1 Graduation Plan. This documentation should be included in the student’s academic record. School entities may also choose to flag these cases in their student information systems or other internal records for local tracking and analysis.
Special Considerations
If the mandates of Act 1 conflict in any way with the rights a student has under an IEP or 504 Plan, a school entity must implement the requirements specific to the student with a disability under applicable disability laws. Act 1 does not abridge a student’s right to special education or the right to graduate either through credit acquisition or through the completion of IEP goals.
Importantly, students who have IEPs may still elect to remain in school until age 22, even if Act 1 offers an earlier pathway to graduation. These students also continue to have the right to participate in the graduation ceremony with their peers in the current graduating class, even if they are electing to stay in school until age 22.
Migrant or refugee students who change school entities are not automatically eligible for Act 1. However, LEAs should carefully review whether such students may also fall under one of the Act 1 eligible categories.
For example:
- A refugee student who enters foster care through a county children and youth agency and changes school entities would be eligible for Act 1.
- A migrant student identified as eligible under the McKinney-Vento Act who also changes school entities would likewise qualify for Act 1 protections.
Act 1 POCs should collaborate with local or regional staff who work with highly mobile student populations, like refugees and migrant students, to raise awareness of Act 1 and help identify students who may qualify.
It is also important to note that Act 1 does not prohibit school entities from applying many of its benefits to other student groups. However, some provisions, such as soliciting a diploma from a prior school or pursuing a Keystone Diploma, are reserved for students who meet the Act 1 eligibility criteria. Nevertheless, extending Act 1 protections to other highly mobile students is considered the best practice.