Form elements appear BELOW not WITHIN when rendered as EDIT through ERB (but not create)

I think this might be a bug in Rails so I am submitting it on the Rails issue tracker here Edit (but not create) Forms rendered through javascript using ERB appear to have their contents come after the close </form> tag, not within the form as expected · Issue #38919 · rails/rails · GitHub

stack overflow post here rails form_with using a nested partial renders the form contents outside of the <form></form> elements - Stack Overflow

any help would be appreciated!

In the meantime I will keep trying on lower versions of Rails to see if this is a thing