1. Act 89 and Equitable Participation

2. Equitable Participation
Overview
Act 89
Equitable Participation
Act 89 was established in 1974 by the state of Pennsylvania to provide auxiliary services to students enrolled in nonprofit, nonpublic schools. The role of the Lincoln Intermediate Nonpublic School Services program is to provide supplemental services to students in regular education programs. The program may not provide special education programs for students who are officially identified, nor may Act 89 be presented as a substitute for special education placement.
Equitable Participation (EP) is the provision of equitable services to students eligible for special education services who are placed by their parents in private schools. This includes a child find process to identify students who are eligible for special education services and and the use of a proportionate amount of funds to provide services.

3. Equitable Participation
Services
Act 89
Equitable Participation
Remedial reading
Remedial math
Speech/language
Language acquisition services
School counseling
Psychological services
Enrichment
Standardized testing
Services provided are determined by:
student need based on consultation with administrators, teachers, students, and parents,
budgetary allocations,
nonpublic school enrollment,
the supply of qualified personnel and materials.
Child find
Direct services
Consultation
Resources
Professional Development
Question regarding whether a nonpub student could receive ESL services through Title III from the district and also receive language acquisition services through Act 89

4. Equitable Participation
Funding
Act 89
Equitable Participation
Act 89 is funded through the state of Pennsylvania in accordance with the mandates of Pennsylvania State Law, Act 89 of 1975.
The total allotment of funds is determined by a formula that includes the total number of students enrolled in nonpublic schools within the LEA as reported during the annual (October 1) Private and Nonpublic School Enrollment (PNPE).
EP is federally funded through the Individuals with Disabilities Education Act (IDEA).
The total allotment of funds is determined by a formula that includes the total number of eligible children with disabilities in public schools and in private schools within the LEA. A proportionate share of funds is allocated for EP.

5. Equitable Participation
Staff
Act 89
Equitable Participation
Lisa Menges, Director of Nonpublic School Services
Rebecca Cook, Program Assistant
Reading/math Specialists - 13
Speech/Language Therapists - 4
School Counselors - 9
Counselor Assistant - 1
Psychologists - 2 part-time
Lisa Gerber-Eckard, Instructional Advisor
Amy Swope, School Psychologist
Melanie Keagy, School Psychologist
Courtney Conway, School Psychologist
Kelly Kile, Assistant to the Assistant Director of Special Education
Darla Ritter, Supervisor of Special Education

6. How can we work together?
Act 89 and EP staff work together to support your students who are struggling academically and behaviorally, support you and your staff, and facilitate the evaluation process.
We will support you to determine which cases are appropriate for which program

8. Equitable Participation
Evaluations: Purpose
Act 89
Equitable Participation
Act 89 evaluations identify students’ strengths and weaknesses in order to assist the nonpublic school in educating the student.
Evaluations are not conducted for the purpose of determining eligibility for special education.
EP has a responsibility for child find or to identify students who are eligible for special education services attending private schools. School districts also conduct evaluations for the purpose of offering Free, Appropriate, Public Education (FAPE).
Evaluations are conducted for the purpose of determining eligibility for special education and
group entitlement (EP only)
FAPE (school district only)
School district involvement
Use EP Eval flow Chart

9. Evaluations: Who should be referred?
Act 89
Equitable Participation
Students who are struggling in their nonpublic school classroom and who may require instruction, supports, and/or accommodations for reading, math, or speech.
Students with either academic or behavioral issues in the classroom, but available data does not yet indicate a special education identification.
*Act 89 does not evaluate to identify students as gifted, but may evaluate to determine qualification for enrichment services in those nonpublic schools where enrichment services are being provided.
*Act 89 does not evaluate for occupational or physical therapy.
Students who are suspected of having a disability and who may require specially designed instruction due to academic, speech or behavioral needs
Referrals would ideally be made after a team meeting to review existing data and implemented pre-referral strategies
*EP does not evaluate to identify students as gifted
*EP does not evaluate for occupational or physical therapy if not part of a comprehensive evaluation

10. Equitable Participation
Evaluations: Process
Act 89
Equitable Participation
Students must be referred for consultation and/or evaluation by the school (principal, teachers) with parental consent.
The process includes:
submitting the Request for Assistance
determining the referral purpose
review data and pre-referral strategies used
Conduct consultation and provide strategies
Nonpublic implements the strategies and collects data for a specified period of time
If warranted, a formal evaluation would be conducted following the implementation phase.
Evaluation
Evaluation Report
Students can be referred for evaluation by their parents or the school team.
determining the referral purpose and whether the evaluation might be completed by the IU or the school district
Issue a Permission to Evaluate (PTE)
Evaluations: Process
Private evals

11. Equitable Participation
Evaluations: Roles
Act 89
Equitable Participation
Private School
Implement pre-referral strategies
Provide collected data relevant to the evaluation
Act 89 Team
Assist in determining the purpose of the evaluation
Evaluation
Evaluation Report
Both
Participate in team discussions/data review relevant to the evaluation
EP team
 This slide is in the event of an evaluation only - could stop at consultation where Act 89 is concerned
Schools vs. LIU teams
Maybe additional slides to address this…
How can the schools bring data to the table
What is easy and free (dibels, aimsweb), construct a list, survey for interest/need, future training?
Prereferral Strategies
1st seven questions
observations

12. Equitable Participation
Evaluations: Results
Act 89
Equitable Participation
Recommendations for support in the regular education classroom
Recommendations for accommodations in the nonpublic school
Does not provide determinations regarding special education disability categories
May advise further assessment with the local school district or EP to determine eligibility for special education services.
Eligible:
Group Entitlement (EP only)
Offering of FAPE (school district only)
Not Eligible
No additional services provided by EP
Recommendations for supports or accommodations provided in the evaluation report, if appropriate

13. Evaluations: Paperwork
Act 89
Equitable Participation
Consultation Report/Evaluation Report (not on PA School Age Paperwork)
Learning Plan: Act 89 can use the Learning Plan to inform instruction but are not bound by it nor do they write it
Individualized Education Program (IEP), Invitation, Notice of Recommended Educational Placement (NOREP), 504 Plan: This paperwork is not used in Act 89 or private, nonpublic schools
Evaluation Report (PA School Age Paperwork), Reevaluation Report, Agreement to Waive Reevaluation
Learning Plan: not required by EP because no direct services are provided
Individualized Education Program (IEP), Invitation, Notice of Recommended Educational Placement (NOREP), 504 Plan: This paperwork is not used in EP or private, nonpublic schools

14. After the Evaluation: What’s next?
Act 89
Equitable Participation
There is no eligibility determination as a result of the evaluation. The private school can implement any supports or accommodations recommended during the evaluation process to support the learner’s needs.
We provide recommendations for implementation to improve academic performance. Another outcome may be that a referral is made to the EP program. The family has the option to request further evaluation through the local district.
If a student is not eligible, the private school can implement any supports or accommodations recommended during the evaluation process to support the learner’s needs.
If a student is identified as eligible for special education services, he/she would receive group entitlement through EP, which includes ongoing consultation with the private school, access to resources, and professional development for staff.
School responsibilities: They ask us to remove accommodations, What would happen in a public school (tiers, mtss/rtii)
*Evals drive the interventions

16. What’s next?

17. Our Mission
Empowering our customers to solve their most challenging problems that impact learning and quality of life.