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

The Beginning of a Wonderful Educational Journey for all Children 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 education Minimizing impact of disability Maximizing opportunities to participate Interventions & access- most important decisions of IEP

Chapter 14 Revisions 14.102 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 Act establishes framework for special education in this country reauthorization 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

Chapter 14 Revisions 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

Chapter 14 Revisions 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)

Chapter 14 Revisions 14.107 Complaint Procedure Not 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

Chapter 14 Revisions 14.108 Access to Classrooms Parents have reasonable access to child’s classroom Within parameters of LEA policy

Chapter 14 Revisions 14.121 Child Find Public 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

Chapter 14 Revisions 14.123 Evaluations and 14.124 Reevals Does 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 orally PTE must be provided to parents within 10 calendar days of the oral request Make sure staff is aware of this change!!!

Chapter 14 Revisions Copies of eval or reeval report: Given to parents at least 10 school days prior to IEP meeting Unless waived by parents

Chapter 14 Revisions 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

Chapter 14 Revisions 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

Chapter 14 Revisions 14.131 IEPs Must 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

Chapter 14 Revisions Placement Special 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

Chapter 14 Revisions Transition Back to age 14 Includes measurable postsecondary goals Training Education Employment Independent living, when appropriate

Chapter 14 Revisions IEP Attendance Proposed but deleted: IEP Members cannot be excused Follow IDEA requirements Required members can only be excused with parental consent!

Chapter 14 Revisions 14.132 ESY Not 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

Chapter 14 Revisions 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

Chapter 14 Revisions Other students: Timelines not required Decisions made in a “timely manner” Parents asking for due process on ESY Expedited

Chapter 14 Revisions 14.133 POSITIVE Behavior Support Stresses 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

Chapter 14 Revisions Behavior Support Programs Must include research based practices and techniques Must be based on FBAs Developed by IEP Team Becomes Part of IEP

Chapter 14 Revisions Restraints Prohibits 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

Chapter 14 Revisions Restraints Definition: the application of physical force with or without the use of a device, for the purpose of restraining the free movement of student’s body Does not include: Briefly holding , without force, a student in order to calm or comfort Guiding child to appropriate activity Holding student’s hand to safely escort from one area to another

Chapter 14 Revisions 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

Chapter 14 Revisions 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

Chapter 14 Revisions 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

Chapter 14 Revisions 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 trained Authorized by whom? Plan in place to eliminate use of restraint through positive behavior support

Chapter 14 Revisions Documentation of use of restraints: Schools must maintain and report data on use of restraints Report will be reviewed during cyclical compliance monitoring

Chapter 14 Revisions Reports to Law Enforcement Still permitted An updated FBA and BSP is required

Chapter 14 Revisions 14.143 Disciplinary Placements Language regarding 15 cumulative school days remains Therefore, rule of discipline remains: Suspension permitted for 10 consecutive days; and 15 cumulative days per school year

Chapter 14 Revisions 14.145 LRE Requirements Not 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

Chapter 14 Revisions 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

Chapter 14 Revisions 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

Chapter 14 Revisions Procedural Safeguards: Prehearing Conference language removed Adopts IDEA’s requirement for Resolution Sessions 14.163 Specifies that parent advocates can attend Mediation still available

Chapter 14 Revisions 14.162 Due Process Hearings Specifies 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 eliminated Appeals from hearing officer decisions go directly to Court Appeal within 30 days

Chapter 14 Revisions Due Process Timelines Hearing 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

Chapter 14 Revisions Expedited Hearing Timelines: Decision mailed within 30 school days of public agency’s receipt of request for hearing No exceptions or extensions