Countdown to April 29 to PERMANENTLY close M. R. Reiter. Ask the board to see the 6 point plan.

Monday, July 28, 2008

Green Building Standards

From the BCCT. " 'Builders are finding that a green-certified building is no more expensive than a conventional one as long as it starts from the beginning with design,' Bray said. 'Retrofitting a building to be green can be expensive. Also, down the road, maintenance on these [green] buildings is considerably less expensive and that is where the economic benefits really start coming into play.' ”

Plan would encourage green building standards

By CHRIS ENGLISH
Bucks County Courier Times

LOWER MAKEFIELD -- Next on the list of environmental initiatives in Lower Makefield is a set of green building standards for new construction or renovations on township-owned properties.

Supervisors Chairman Greg Caiola said the Environmental Advisory Council has submitted a rough draft of the standards to the supervisors and solicitor David Truelove. The draft is being reviewed and could be voted on next month or in September, Caiola said.

Sometime before the end of the year, the board hopes to enact a green building ordinance covering new development and renovations, both commercial and residential, on private properties, he said.

“We started with the township itself because we wanted to be setting the example and doing as we say,” said Caiola. “We wanted to be sure we took the lead on the township level before we asked anyone else to do it.”

Building green means using construction techniques and materials designed to protect the environment. They include everything from using renewable energy sources like the sun and wind instead of gas and oil to utilizing non-wood building materials to cut down on tree depletion.

Township officials said they aren't sure if the ordinance governing private development will have strict requirements or just incentives — similar to those adopted in Doylestown — designed to encourage green building but not demand it. Strict requirements might contradict the uniform building code and thus be illegal, said Jim Bray, chairman of the township EAC.

However, green standards for township-owned properties can be strict and the draft guidelines reflect that, Bray said. They require that new construction or renovations on township-owned properties conform to standards of the U.S. Green Building Council, he said.

That includes things like building in a way to take maximum advantage of natural light, recycling waste building materials and using high-efficiency heating and cooling systems.

Some in Lower Makefield already have taken the initiative on their own. An office building on Township Line Road constructed by Liberty Property Trust was built to green standards, and a planned renovation by the Pennsbury School District of its Makefield Elementary School will have many green features.

“Builders are finding that a green-certified building is no more expensive than a conventional one as long as it starts from the beginning with design,” Bray said. “Retrofitting a building to be green can be expensive. Also, down the road, maintenance on these [green] buildings is considerably less expensive and that is where the economic benefits really start coming into play.”

Bray said the township's green building initiatives are being led by EAC member Rick Ewing. The newspaper was unsuccessful in its attempts to reach him for comment.

In Doylestown, a green building incentive system put together by planning director and assistant borough manager Phil Ehlinger can save developers up to 50 percent on their building permit fees.

Points are awarded up to a maximum of 50 for each green building feature. Each point means a 1 percent reduction in the building permit fee, he said. For example, one point is awarded for something as simple as including a clothes line in the plan for a residential project, Ehlinger said. That saves dryer time and thus electricity, he explained.

PA State Code: Handicapped Students

Thanks to the emailer who sent in this link to Pennsylvania State Code Chapter 15: Protected Handicapped Students

Parents:

If you have requested the district review or modify your child's existing IEP, or consider evaluation of your child for special needs, you might be interested in the following information (pasted directly from Pennsylvania School Code):


§ 15.6. Parent initiated evaluation and provision of services.

(a) Parents shall request in writing that their child be evaluated and provided services if they believe their child meets one or more of the following conditions:

(1) Should be identified as a protected handicapped student.

(2) Should no longer be identified as a protected handicapped student.

(3) Requires a change in or modification of the child’s current service agreement.

(b) The parents should include available relevant medical records along with their written request for the provision of services.

(c) Whenever possible the parents’ request for the provision of services shall state the following:

(1) The specific reasons the parents believe the student is or is no longer a protected handicapped student.

(2) The specific related aids, services or accommodations the parents believe the student needs.

(3) The specific modifications the parents would like the school district to make in the student’s current service agreement, if the parents are requesting modification of the student’s current service agreement.

(d) Within 25 school days of receipt of the parents’ written request for the provision of services the school district shall evaluate the information submitted by the parents and send a written response to the parents’ request.

(e) The school district’s response to the parents shall be in the parents’ native language or mode of communication and shall state the following:

(1) Whether the parents’ request or a portion of the parents’ request is being granted or denied.

(2) The parents’ right to meet with the appropriate school officials to discuss the issues associated with accommodating the student.

(3) The procedural safeguards available to students and their parents under § 15.8 (relating to procedural safeguards).

(4) Parents using the procedural safeguards in this chapter may also file suit in Federal court under Section 504.

(f) If upon evaluation of the information submitted by the parents, the school district determines that it needs additional information before it can make a specific recommendation concerning the parents’ request, the district shall ask the parents to provide additional medical records and grant the district permission to evaluate the student.

(g) The school district initiated request to evaluate a student under subsection (f) shall be in writing and specifically identify the procedures and types of tests which it proposes to use to evaluate the student and inform the parents that they have the right to give or withhold their written consent to these evaluations.

§ 15.7. Service agreement.

(a) If the parents and the school district agree as to what related aids, services or accommodations should or should no longer be provided to the protected handicapped student, the district and parents shall enter into or modify a service agreement. The service agreement shall be written and executed by a representative of the school district and one or both parents. Oral agreements may not be relied upon. The agreement shall set forth the specific related aids, services or accommodations the student shall receive, or if an agreement is being modified, the modified services the student shall receive. The agreement shall also specify the date the services shall begin, the date the services shall be discontinued, and, when appropriate, the procedures to be followed in the event of a medical emergency.

(b) If the parents and the school district cannot agree as to the related aids, services and accommodations that should or should no longer be provided to the protected handicapped student, either party may use the procedural safeguard system under § 15.8 (relating to procedural safeguards) to resolve the dispute, and the school district shall notify parents in writing of their rights in this regard.

(c) In implementing the service agreement, school entities shall address relevant factors, such as educational resources, physical plant and personnel capabilities.


Cross References


This section cited in 55 Pa. Code § 3270.4 (relating to definitions); 55 Pa. Code § 3280.4 (relating to definitions); and 55 Pa. Code § 3290.4 (relating to definitions).

§ 15.8. Procedural safeguards.

(a) Parental request for assistance. Parents may file a written request for assistance with the Department if one or both of the following apply:

(1) The school district is not providing the related aids, services and accommodations specified in the student’s service agreement.

(2) The school district has failed to comply with the procedures in this chapter.

(b) Request resolution. The Department will investigate and respond to requests for assistance and, unless exceptional circumstances exist, will, within 60 calendar days of receipt of the request, send to the parents and school district a written response to the request. The response to the parents’ request shall be in the parents’ native language or mode of communication.

(c) Informal conference. At any time parents may file a written request with the school district for an informal conference with respect to the identification or evaluation of a student, or the student’s need for related aid, service or accommodation. Within 10 school days of receipt of the request, the school district shall convene an informal conference. At the conference, every effort shall be made to reach an amicable agreement.

(d) Formal due process hearing. If the matters raised by the school district or parents are not resolved at the informal conference, the district or parents may submit a request for a hearing. The hearing shall be held before an impartial hearing officer and shall be governed by § 14.64(a)—(l), (n) and (o) (relating to impartial due process hearings) if no issues under Chapter 14 (relating to special education services and programs) are raised for decision in the hearing by the parents, school district or hearing officer. If issues under Chapter 14 are raised for decision in the hearing by the parents, school district or hearing officer, an appeal from the hearing officer’s decision shall be governed also by § 14.64(m).

(e) Stay pending judicial appeals. If, within 60 calendar days of the completion of the administrative due process proceedings under this chapter, an appeal or original jurisdiction action is filed in State or Federal Court, the administrative order shall be stayed pending the completion of the judicial proceedings, unless the parents and school district agree otherwise.


Cross References


This section cited in 22 Pa. Code § 15.5 (relating to school district initiated evaluation and provision of services); 22 Pa. Code § 15.6 (relating to parent initiated evaluation and provision of services); 22 Pa. Code § 15.7 (relating to service agreement); and 22 Pa. Code § 15.10 (relating to discrimination claims).

§ 15.9. Confidentiality.

A school district shall do the following:

(1) Protect the confidentiality of personally identifiable information regarding a protected handicapped student.

(2) Require parental consent before releasing personally identifiable information to unauthorized persons.

(3) Provide access to educational records of the student to the parents or a representative of the parents.

(4) Comply with section 513(a) of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 1232g) and 34 CFR Part 99 (relating to family education rights and privacy).

§ 15.10. Discrimination claims.

Notwithstanding other provisions of this chapter, an eligible or noneligible student under Chapter 14 (relating to special education services and programs) may use the procedures for requesting assistance under § 15.8(a) (relating to procedural safeguards) to raise claims regarding denial of access, equal treatment or discrimination based on handicap. A student filing a claim of discrimination need not exhaust the procedures in this chapter prior to initiating a court action under Section 504.


Cross References


This section cited in 22 Pa. Code § 15.2 (relating to definitions); and 22 Pa. Code § 15.11 (relating to rules of construction).

§ 15.11. Rules of construction.

(a) The full description of substantive responsibilities of school entities is set forth in Section 504 and the Section 504 regulations at 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance) and not in this chapter.

(b) Eligible and thought to be eligible students continue to be governed by Chapter 14 (relating to special education services and programs), except for the provisions of § 15.10 (relating to discrimination claims).

(c) It is not the purpose of this chapter to preempt, create, supplant, expand or restrict the rights or liabilities of protected handicapped students or school entities beyond what is contemplated by Section 504, the Section 504 regulations at 34 CFR Part 104 or another law. This chapter does not restrict or limit a parent, protected handicapped student, school entity or the Commonwealth from pursuing claims or defenses available, whether constitutional, statutory, regulatory or common law. This chapter does not restrict or limit a protected handicapped student or school entity from filing a cognizable action, appellate or original in nature, to resolve a dispute under Section 504 or the Federal Section 504 regulations. This chapter does not increase or diminish the jurisdiction of any court.

(d) It is not the intent of the Board that this chapter be interpreted as influencing, in either the plaintiff’s or defendant’s favor, the disposition of a particular civil action. However, this chapter is intended to have the force of law and to be so interpreted by the courts.

National Center for Learning Disabilities

Thanks to the emailer who sent this in.

Welcome to NCLD's Legislative Action Center. Here is where you'll find the latest information and essential tools you need to be an effective LD Advocate.

Learn about critical legislation affecting those with learning disabilities. Keep up to date on what's happening in Washington, and find out how you can take action and improve education public policy by contacting your elected officials.

Active Legislative Action Alert

Tell Secretary Spellings that Due Process Hearing Rights Must be Protected
*Action Required by July 28, 2008 at 5 p.m.**

The U.S. Department of Education (USED) has released proposed regulations for Part B of the Individuals with Disabilities Education ACT (IDEA). The most important change in these regulations is to limit the use of lay advocates in due process hearings, if this regulation goes through, parents will have limited options for representation of their child's case. The public has until July 28, 2008 to submit comments — now is the time for you to let the Bush Administration know how this regulation will negatively affect students with disabilities and that more time is needed to construct a better alternative. We must act together and let our voices be heard or changes will be implemented that will make it more difficult for parents to have their cases heard in court.

The Administration must hear that this proposed regulation to limit the use of non-attorney advocates as counsel for parents has two potentially negative consequences on future court cases. Because of the limited pool of attorneys qualified to serve as experts in this area, this change will mean for many parents that their choice will be either to represent themselves (which puts them at a disadvantage) or foregoing a due process hearing altogether because they cannot afford attorney fees. Consequently, it is premature for USED, without adequate review and consideration of available research data, to propose, through regulatory amendment, such a potentially disruptive change. Also, given the pending Congressional reauthorization of IDEA, it is inappropriate for USED to move forward with this proposed language at this time. More time needs to be given to this issue before regulatory changes are made.

Please endorse NCLD's recommendation to withdraw this proposed change and let the Secretary of Education know this regulation will have deep negative consequences for parents in their fight to advocate for their child's educational rights. Please follow the directions below to submit the draft letter provided or chose to edit the letter with your personal comments.
Thank you for your continued support on behalf of those with learning disabilities. Your voice always makes a difference!
Sincerely,
Laura Kaloi
Director of Public Policy
National Center for Learning Disabilities

DIRECTIONS FOR SUBMITTING COMMENTS
Please complete all steps to ensure your comments are submitted
**Comments are due by July 28, 2008 by 5 p.m. **

1. Go to: www.regulations.gov;
2. Go to: "Comments and Submission" and type into the box ED-2008-OSERS-0005-0001;
3. On the next screen, under "Commenter Title I" click on "Send a Comment or Submission" (check to make sure ED-2008-OSERS-0005-0001 is listed);
4. On the next screen, fill in your personal information;
5. Once you get to the section for comments, cut and paste your comments into the text box provided.
6. Then click on the "Next Step" button;
7. Review your comments and then click on the "Submit" button;
8. Wait for your "Comment Verification Note and Tracking Number;
9. Click on the "Next" button;
10. Your comments have been submitted.


SUGGESTED LETTER TEXT:

Dear Secretary Spellings:

I respectfully submit my comments and recommendations on 300.512 HEARING RIGHTS
of the proposed regulations of: PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT ED-2008-OSERS-0005-0001.

The Administration must hear that this proposed regulation to limit the use of non-attorney advocates as counsel for parents has two potentially negative consequences on future court cases. Because of the limited pool of attorneys qualified to serve as experts in this area, this change will mean for many parents that their choice will be either to represent themselves (which puts them at a disadvantage) or foregoing a due process hearing altogether because they cannot afford attorney fees. Consequently, it is premature for USED, without adequate review and consideration of available research data, to propose, through regulatory amendment, such a potentially disruptive change. In addition, given the pending Congressional reauthorization of IDEA, I believe it would be prudent to give additional time to debate this issue before regulatory changes are made.

Thank you for allowing me to submit my comments today.