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

2. 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

3. Overview What does it all mean? What is Special Education?
New PA Special Education Regulations
Least Restrictive Environment

4. 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

5. 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

6. 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

7. 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

8. 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

9. PA Regulations
Chapter 14- Special Education
Chapter or ADA

10. 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

11. 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)

12. 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

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

14. 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

15. 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!!!

16. 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

17. 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

18. 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

19. 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

20. 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

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

22. 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!

23. Chapter 14 Revisions
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

24. 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

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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

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

36. 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

37. 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

38. 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

39. 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

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

41. 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

42. 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

43. 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