Special Education Today New PA Chapter 14 Regulations Megan Marie Van Fossan M.A., M.Ed. McGuffey...

Special EducationToday

New PA Chapter 14 Regulations

Megan Marie Van Fossan M.A., M.Ed.

McGuffey School District

Living and Learning Together In One World

The Beginning of a Wonderful

Educational Journey for all Children

Overview

What does it all mean?

What is Special Education?

New PA Special Education Regulations

Least Restrictive Environment

Who is eligible for Special Education?

The student needs to have a disability that is recognized under IDEA 04

AND

Be in need of Specially Designed Instruction

Making the Right Educational Decisions for Students with Disabilities

The goal and purpose of special educationMinimizing impact of disability

Maximizing opportunities to participateInterventions & access- most important decisions of IEP

Chapter 14 Revisions14.102 Purpose:

Adds new language, but not new meaning

Ensure that children with disabilities:Have access to general curriculum

Participate in state and local assessments

Are educated to maximum extent appropriate with nondisabled peers

– Provided supplementary aids and services to do so

Schools provide continuum of placement options

– Even in light of Gaskins

The Laws of the Land

Individuals with Disabilities Education Improvement Act (IDEA 2004)

passed in 1975 as the Education for All Handicapped Children Actestablishes framework for special education in this countryreauthorization signed December 3, 2004

No Child Left Behind (NCLB)reauthorization of Elementary and Secondary Education Act (e.g. Title I)signed into law January 2002

Chapter 14 Revisions

14.106 Access to instructional materials

New provision

Addresses the timely provision of print materials to blind students

Braille

Audio

Digital

Large print

PA Regulations

Chapter 14- Special Education

Chapter 15- 504 or ADA


Timely means:District takes steps to ensure blind child has access to materials at the same time as students without disabilities

Cannot meet standard by withholding instructional materials to other students until accessible format is available

Can meet standard by providing portion of materials that covers the chapter currently being taught


Timely:If blind child enrolls in school during school year

Take steps to ensure access to materials within 10 school days

Districts to coordinate with National Instructional Materials Access Center (NIMAC)


14.107 Complaint ProcedureNot new, but new provision

Department will establish complaint procedures and provide Districts with notice of procedures

Unclear if procedures are going to change

When notice will be provided


14.108 Access to ClassroomsParents have reasonable access to child’s classroom

Within parameters of LEA policy


14.121 Child FindPublic awareness activities informing public of services

New: Written information must be published in:

– School district handbook– School district website

New: Must include information on potential signs of developmental delays and other risk factors that could indicate disabilities.

Must also continue to provide annual public notice


14.123 Evaluations and 14.124 ReevalsDoes change timeline to 60 calendar days for initial evaluation and reevaluation

After receiving written parental consent

BUT . . Summer does not count!

If parent request eval in writing:School must make PTE form “readily available”

If parent request eval orallyPTE must be provided to parents within 10 calendar days of the oral request

Make sure staff is aware of this change!!!


Copies of eval or reeval report:Given to parents at least 10 school days prior to IEP meeting

Unless waived by parents


School/IU can use 1 of the following procedures: (each school chooses)

Response to scientific, research-based intervention documenting that:

Student received high quality instruction in regular ed

Research-based interventions were provided

Progress regularly monitored


OR:A process examining whether child exhibits a pattern of strengths and weaknesses relative to intellectual ability as defined by a severe discrepancy between intellectual ability and achievement , or relative to age or grade


14.131 IEPsMust include a description of the type or types of support student will receive

Cannot be based on category of disability alone

Child may receive more than one type of support

– Outline in IEP


PlacementSpecial ed supports and services may be delivered in regular ed classroom or other settings

Team must first consider regular classroom with supplementary aids and services before considering services in another setting


TransitionBack to age 14

Includes measurable postsecondary goals

Training

Education

Employment

Independent living, when appropriate


IEP AttendanceProposed but deleted:

IEP Members cannot be excused

Follow IDEA requirementsRequired members can only be excused with parental consent!


14.132 ESYNot new procedures, but finally codified in regulation

Requirements for children with severe disabilities

Autism/PDD

SED

Severe MR

Degenerative impairments with mental involvements

Severe multiple disabilities


Children with severe disabilities:IEP must occur no later than Feb. 28 each yr

NOREP must be issued not later than March 31

If student transfers to your district after these dates and no determination has been made

New school must make determination at IEP mtg


Other students:Timelines not required

Decisions made in a “timely manner”

Parents asking for due process on ESY

Expedited


14.133 POSITIVE Behavior SupportStresses the word “Positive” throughout

Must utilize POSITIVE behavior techniques

Positive reinforcement

Positive verbal statements

Specific tangible rewards

Shape student’s behavior

Interventions must be least intrusive necessary


Behavior Support ProgramsMust include research based practices and techniques

Must be based on FBAs

Developed by IEP Team

Becomes Part of IEP


RestraintsProhibits the “unreasonable” use of restraints

– Stops short of prohibiting entirely

Measure of last resort

Only use after other less restrictive measures

Prohibits prone restraints– Student is held face down on floor


RestraintsDefinition: the application of physical force with or without the use of a device, for the purpose of restraining the free movement of student’s bodyDoes not include:

Briefly holding , without force, a student in order to calm or comfortGuiding child to appropriate activityHolding student’s hand to safely escort from one area to another


Restraints do not include:Hand over hand assistance with feeding or task completion

Techniques prescribed by qualified medical professional for safety, therapeutic or medical treatment

Must be agreed to by parents

Specified in IEP


Restraints do not include:PT or OT devices

Seatbelts in wheel chairs

Belts on toilets used for balance and safety

Safety harnesses on buses

Functional positioning devices


Use of restraints:School must:

Notify parents of use of restraints– Document!

Call IEP meeting within 10 school days of use– In writing– Parents can waive meeting

» Must be in writing– Team decides whether child needs FBA, Reeval, a

new or revised BSP or change of placement to address behavior


Restraints may only be included in IEP when:

Used with specific component elements of positive behavior support

Used in conjunction with teaching of socially acceptable alternative skills to replace problem behavior

Staff authorized and trainedAuthorized by whom?

Plan in place to eliminate use of restraint through positive behavior support


Documentation of use of restraints:Schools must maintain and report data on use of restraints

Report will be reviewed during cyclical compliance monitoring


Reports to Law EnforcementStill permitted

An updated FBA and BSP is required


14.143 Disciplinary PlacementsLanguage regarding 15 cumulative school days remains

Therefore, rule of discipline remains:Suspension permitted for 10 consecutive days; and

15 cumulative days per school year


14.145 LRE RequirementsNot new rules, but now codified in regs

Students with disabilities educated in LRE:To maximum extent appropriate and as provided in IEP, child is educated with nondisabled peers

Special classes, separate schools or other removals from regular ed occurs only when the nature or severity of disability is such that education in reg ed class with appropriate supplementary aids and services cannot be achieved satisfactorily


LRE: Child cannot be required separate education

Because s/he cannot achieve at the same level as nondisabled classmates; or

If the child can, with the full range of supplementary aids and services, make meaningful progress on IEP goals


May not be removed from regular ed solely because of:

the nature or severity of the disability

additional costs

administrative convenience

Still must provide access to full continuum of placement options


Procedural Safeguards:Prehearing Conference language removed

Adopts IDEA’s requirement for Resolution Sessions 14.163

Specifies that parent advocates can attend

Mediation still available


14.162 Due Process HearingsSpecifies that schools may not request due process if parents fail to respond or refuses to consent to the initial provision of special education services

Appeals Panel will be eliminatedAppeals from hearing officer decisions go directly to Court

Appeal within 30 days


Due Process TimelinesHearing held:

After conclusion of resolution session

After one of the parties withdraws from mediation

Parties waive or agree to end resolution session

Hearing Officer decision must be issued within 45 days after the resolution or mediation session ends

Hearing officer may grant extensions


Expedited Hearing Timelines:Decision mailed within 30 school days of public agency’s receipt of request for hearing

No exceptions or extensions

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