Fix special ed funding

From the Philadelphia Public Schools Notebook.

35 advocacy groups ask legislators to fix special education funding
by Brett Schaeffer

Pennsylvania last year adopted a landmark funding formula for basic education, putting more dollars into the neediest schools and implementing rigorous accountability measures for school districts.

However, special education students have been left out of the equation.

A coalition of groups is now sending the message that it’s time for the General Assembly to approach special education funding with the same sharp eye its members approached basic education funding in 2008.

The state’s new basic education funding formula was based on a 2007 “costing-out” study, conducted by the private education policy consulting firm Augenblick, Palaich and Associates, Inc. Though the study recommended that special education be funded based on student and district needs, a new funding system for students with disabilities was not part of the 2008 reforms.

Now, using the findings from a new February 2009 Augenblick report, more than 35 disabilities advocacy groups throughout Pennsylvania are rallying support for a bill to reform special education funding.

“In 2008, the General Assembly and the Governor reformed state funding for basic education, based on the 2007 ‘costing-out’ study. Similar improvements are now needed for special education funding if the education finance system is to be whole,” said Janis Risch, executive director of Good Schools Pennsylvania, in the new report.

The report indicates that nearly 400 school districts are inadequately funding special education, averaging an annual shortfall of almost $1 million per district. Statewide, the total gap in annual funding for special education is $380 million. The average per pupil shortfall is $1,947, based on a total of 195,000 students in the districts that have a funding gap.

The report, which was funded by the Education Law Center, the Disability Rights Network, and The Arc of Pennsylvania, identifies fundamental needs that often go underserved, such as proper teacher training, investment in assistive technology devices and materials, and support programs.

The report also underscores the importance of finishing the funding reforms begun last year and outlines the broader benefits special education funding reform would provide to the entire school community, including reduced teacher turnover, improved classroom culture, and stronger overall education programs.

The School District of Philadelphia, which educates the greatest number of special education students in Pennsylvania, had a special education funding gap of more than $17 million in 2006-07, the year analyzed in the report.

While Philadelphia’s per student funding gap – approximately $500 – is certainly not as wide as special education funding shortfalls in other districts, figures from the Pennsylvania State Data Center show that Philadelphia is coming up short in its outcomes for special education students.

Data Center numbers reveal a 30 percent dropout rate for Philadelphia’s special education high school students – more than double the statewide average. And while more than 300 of the state’s 501 districts have met their Adequate Yearly Progress targets for special education students under the No Child Left Behind law, Philadelphia has not.

Put simply, reforming the special education funding formula can help Philadelphia improve its outcomes. All students benefit when special education students receive instruction that prepares them for meaningful employment, higher education, and self-sufficiency.

To see the full February 2009 report and data on Pennsylvania special education funding, including those for the School District of Philadelphia, go to www.reformspecialedfunding.org.

Schools fall short on special education funding

From the Somerset County Daily American. Thanks to the emailer who sent the original tip.

Study: Schools fall short on special education funding
By VICKI ROCK Daily American Staff Writer Friday, February 13, 2009 11:34 PM EST

Most school districts in Pennsylvania, including all those in Somerset County, are not spending enough on special education to meet the students' basic needs, according to a new study.

Augenblick, Palaich and Associates of Denver conducted the study for the Education Law Center, Disability Rights Network and the Arc of Pennsylvania, an advocacy organization for people with disabilities.

The costing-out study found that 391 of the state's 501 districts are spending less than an adequate amount on special education. It is a shortfall of $380 million annually, or $1,947 per special education student.

The consultant determined that the base cost for the average student was $8,003 in 2005-06, not including food, transportation, debt service and capital costs. The additional base cost for an average special education student is $10,404, bringing the total to $18,407. The report is to be the subject of a hearing before the House subcommittee on special education.

In Somerset County, Windber Area School District spent the most money on special education students. The report states that Windber spends $8,287 per special education student in addition to the basic education subsidy.

“We try to look at special education a little different, not as a different program,” said Superintendent Rick Huffman. “We see it as a different way of students learning and the different way we provide education. We have adaptive learning for all students from the most challenged to the most capable. We provide an environment for students to achieve. We look at how we can provide the best learning environment for individual students.”

In the next two years, the Windber district is going to look at various issues regarding student needs, he said. Administrators will partner with Windber Medical Center to take a holistic approach to learning, looking at issues including child development, nutrition and sleep deprivation.

“I believe we all have the best interests of the students in mind,” Huffman said. “The money that we have has to be spent effectively and appropriately for the students' needs.”

Somerset Area School District spends $6,885 per special education student in addition to the basic education subsidy, according to the report. Rebecca Bittner, special education director for the Somerset district, said the state and federal government make many mandates about special education, but then under-fund programs to support the students' needs.

“The local district does a good job of meeting the needs without the state and federal funding,” she said. “Special education can be very expensive - some students have multiple disabilities. I've been here since 2003, and I'd say the local school board does a good job of meeting the needs of special education students.”

M.J. Bartelmay Jr., president of the Arc of Pennsylvania, said Gov. Edward Rendell's proposed budget calls for no increase in state funding for special education. The basic education subsidy for students without disabilities includes a 5.7 percent increase.

“My son has Down syndrome and relies on special education,” Bartelmay said in a release. “With this budget, the governor is telling me my son isn't important.”

This budget in fiscal year 2008-09 included a 1.7 percent increase for special education, while basic education received 5.5 percent.

Michael Race, press secretary for the Department of Education, said the department is aware of the study and is reviewing it. They hoped to be briefed by the Education Law Center.

“I can't comment on specific findings until we are briefed,” he said. “The Department of Education shares the concern that all students are provided the adequate resources for learning, including special education students.”

The full report is available online at www.elc-pa.org. Download the report and executive summary here.

Special Education Compliance Monitoring Visit to MV

Thanks to the emailer for this information.

On February 23, 2009, William Riggar, Pennsylvania Department of Education, has scheduled a Special Education Compliance Monitoring at the Morrisville School District.

http://www.pattan.k12.pa.us/files/Memos/PennLink061308.pdf

The PDE has responsibility to ensure that all applicable Local Education Agencies provide services, education services and programs that are in compliance with applicable state and federal laws and regulations. In order to fulfill this responsibility, the Bureau of Special Education has established administrative procedures for monitoring of program implementation, include evaluating the appropriateness, effectiveness and accountability of special education services and programs.

What Are Inclusive Programs?

Thanks to the emailer who sent this information.

Everyone seems to have their ideas about Inclusive Practices. What do the experts have to say about Inclusive Programs?

The National Organization of School Psychologists is the premier source of knowledge, professional development, and resources, empowering school psychologist to ensure ALL children and youth attain optimal learning and mental health.

http://www.nasponline.org/about_nasp/pospaper_ipsd.aspx

Position Statement on Inclusive Programs for Students With Disabilities
The 1997 Individuals with Disabilities Education Act (IDEA 97) created significant educational opportunities for students with disabilities and established important safeguards that ensure the provision of a free, appropriate public education to students with special needs. NASP strongly supports the continuation and strengthening of this mandate. NASP also recognizes the need to continually evaluate the effectiveness of all aspects of our educational system and to promote reform when needed.

A Call for Inclusive Schools
NASP, in its continuing commitment to promote more effective educational programs for all students, advocates the development of inclusive programs for students with disabilities. Inclusive programs are those in which students, regardless of the severity of their disability, receive appropriate specialized instruction and related services within an age appropriate general education classroom in the school that they would attend if they did not have a disability. NASP believes that carefully designed inclusive programs individualized to meet the needs of students with disabilities represent a viable and legitimate option on the special education continuum that must be examined for any student who requires special education. Inclusive education is within the continuum of special education services, and must be based upon the individual needs, goals, and objectives determined by IEP teams.
Potential Benefits
Some of the benefits of inclusive programs include:

* typical peers serving as models for students with disabilities;

* the development of natural friendships within the child’s home community;

* learning new academic and social skills within natural environments, facilitating generalization of skills;

* students with disabilities existing in “natural” proportions within the school community;

* all students learning to value diversity; and

* general education classrooms that are better able to meet the needs of all students as a result of additional instructional resources, staff development for general and special educators, a more flexible curriculum, and adapted instructional delivery systems.

Developing Inclusive Programs
In advocating for the development of these programs, NASP takes the position that:

* Inclusive programs must provide all the services needed to ensure that students make consistent social, emotional, and academic gains.

* General education teachers, special education teachers, school psychologists, other related services providers, and parents must collaborate to ensure appropriate services for all students and to ensure that all programs are based upon a careful analysis of each student’s needs. Decisions regarding services must be made on an individual child basis.

* Outcome-based data on inclusive programs must be collected to ensure that students with and without disabilities are making consistent educational progress. Ongoing empirical examination and further research are needed.

* All educators and administrators involved in implementing inclusive programs must participate in planning and training activities. When developing inclusive programs, adults with disabilities serving as experts and/or advocates, in addition to the students themselves, need to be included as much as possible.

* Knowledge and skills in effective collaboration, curriculum adaptation, developing supportive social relationships, and restructuring special services are but a few of the areas in which skills are needed.

* Preservice and inservice training based upon the needs of the staff involved in planning these programs is essential. The active involvement of general educators and administrators in staff development is critical for successful inclusion.

* School districts with limited resources may have difficulty meeting the needs of all students, particularly those with low incidence or severe disabilities. It may be necessary to provide planning and training for the provision of reasonable accommodations to students with low incidence or severe disabilities attending their neighborhood schools.

The Role of the School Psychologist
School psychologists can provide effective leadership in the development of inclusive programs. School psychologists have training and experience in collaborative consultation, behavioral and academic intervention design, curriculum adaptation, modification of learning environments, program evaluation, peer mediated learning, facilitating friendships, and other issues critical to effective inclusive programs. Because of this expertise, school psychologists are in a unique position to assist schools in assessing student needs, reallocating existing resources, and restructuring service delivery systems to better meet the educational and mental health needs of all students. School psychologists can foster the development of inclusive schools by:

* gathering and providing information regarding the strengths and needs of individual students;

* providing meaningful support and consultation to teachers and other educators implementing inclusive programs;

* distributing articles and research to fellow educators and district committees responsible for educational restructuring;

* leading or serving as members of groups that are evaluating or restructuring education programs;

* planning and conducting staff development programs that support inclusion;

* offering training and support to teachers, students and families;

* developing new resources through grant writing and collaboration with other community agencies, and other activities;

* providing information on needed changes to legislators and state and federal policy-makers; and,

* collecting and analyzing program evaluation and outcome based research.

Concerns Regarding the Traditional Special Education System
Certain aspects of traditional special education include a number of problems that create unintended negative outcomes for students:

* A referral and evaluation system that does not function as originally intended. Some of the weaknesses of this system include:

o Over reliance upon a classification system of disability categories that lacks utility and reliability for this purpose, and lacks acceptance by many parents and professionals.

o A lack of empirical research showing that students with mild disabilities grouped by category learn differently or are taught differently.

* Inequities in implementation of the least restrictive environment and access to general education curriculum provisions of IDEA 97. Data suggest that the restrictiveness of many special education placements is not based upon the severity of students’ disabilities, but may instead result from the configuration of the service delivery system that is available in the community.

* Concerns that traditional special education programs are not effective in terms of learner outcomes.

* Overly restrictive special education programs housed in separate schools or “cluster” sites that result in social segregation and disproportionate numbers of students with disabilities being grouped together. For example, some students, especially those with more severe disabilities, must attend separate schools to receive special services, rather than being provided appropriate services in his/her neighborhood school. Many parents and professionals feel that it is inherently inequitable that some students must leave their neighborhood schools and communities to receive appropriate services. Although neighborhood schools may be the best decision for most students, decisions must be made on an individual basis.

Changing our Schools
NASP recognizes that the traditional framework of special education policies and regulations is often incompatible with inclusive programs. Consequently, NASP joins with the National Association of State Boards of Education in calling for a fundamental shift in the policies which drive our compensatory education system. Changes are suggested in:

* The system used to identify and evaluate students with special needs. This should be made more reliable and less stigmatizing. Noncategorical services (Rights without labels) may be appropriate for inclusive education.

* The traditional special education funding system. The link between funding and placements must be severed. Many aspects of the funding system are driven by labels and program locations rather than by student needs. Special education funding systems must be based on the provision of services to students and not on the maintenance of programs, facilities, personnel, etc.

* School improvement planning. School improvement /restructuring plans must include students with disabilities. The integration of general and special education issues must be reflected in building and district level improvement plans. This requires collaboration and staff development for both general and special educators in order to address the needs of all students.

* NASP recognizes that the shift toward more inclusive schools will require profound changes in the ways in which schools are organized. We are committed to working with parents, other professional groups, and state and national policy-makers in creating new funding and regulatory mechanisms that promote effective programs within neighborhood schools and ensure that students with special needs continue to receive appropriate resources. We endorse a process of planned change that involves all stakeholders in research, planning, and training to ensure that our nation’s schools can attain excellence for all of our children.

References
Baker, E.T., Wang, M.C., & Walberg H.J. (1994). The effects of inclusion on learning. Educational Leadership, 52(4), 33-35.
Falvey, M.A. (Ed.). (1995). Inclusive and heterogeneous schooling. Assessment, curriculum, and instruction. Baltimore, MD: Paul H. Brookes.
National Association of State Boards of Education. (1992). Winners all: A call for inclusive schools. Alexandria, VA: Author.
National Association of State Boards of Education. (1995). Winning ways: Creating inclusive schools, classrooms, and communities. Alexandria, VA: Author.
National Information Center for Children and Youth with Disabilities (NICHCY). (1995) The national study of inclusive education. New York: National Center on Educational Restructuring and Inclusion, The Graduate School and University Center, The City University of New York.
Rogers, J. (1993) The inclusion revolution. Research Bulletin, no. 11. Bloomington, IN: Phi Delta Kappan Center for Evaluation, Development, and Research.
Salisbury, C.L., Pumpian, I., Fisher, D., Roach,V., & McGregor, G. (1995). A framework for evaluating state and local policies for inclusion. Consortium on Inclusive Schooling Practices.[On-line]. Available: http://www.icdi.wvu.edu/others.htm#g10
Stainback, S. & Stainback, W. (Eds.). (1996). Inclusion: A guide for educators. Baltimore, MD: Paul H. Brookes.
Staub, D. & Peck, C.A. (1994). What are the outcomes for nondisabled students? Educational Leadership, 52(4), 36-40.
Thompkins, R. & Deloney, P. (1995) Inclusion: The pros and cons. Issues About Change, 4, 3. Southwest Educational Development Laboratory.
Waldron, N.L. (1997). Inclusion. In G.G. Bear, K.M. Minke, & A.Thomas (Eds.), Children’s needs II: Development, problems and alternatives. Bethesda,MD: National Association of School Psychologists.
- Adopted by the NASP Delegate Assembly, 1993
- Revision adopted by NASP Delegate Assembly, April 1, 2000
© 2002 National Association of School Psychologists, 4340 East West Highway, Suite 402, Bethesda MD 20814 - 301-657-0270.
Please note that NASP periodically revises its Position Statements. We encourage you to check the NASP website at www.nasponline.org to ensure that you have the most current version of this Position Statement.

Special Ed Costs: “It’s a moving and evolving target”

From the BCCT.

Changes costly for districts
One of the biggest mandates — and likely costliest — establishes training requirements for special education support staff.
By THERESA HEGEL

State special education regulations that went into effect in July will require some costly adjustments from school districts, according to a longtime education lawyer.

Andrew Faust, whose New Britain law firm represents about 200 school districts and intermediate units in Pennsylvania, outlined some of those mandates at Wednesday night’s meeting of the Bucks County Right to Education Task Force.

One of the biggest — and likely costliest — establishes training requirements for special education support staff.

By July 2010, instructional aides and other “paraprofessionals” must have completed at least two years of college or pass rigor ous state or local assessments, he said.

Effective this year, staff must have 20 hours of relevant training for each year of employment. And districts must be able to document that such training has taken place by the end of the school year.

“It’s a pretty big deal,” Faust said, because the rules were put into place after districts had finalized their current budgets.

He said he believes most districts will open up teacher training to the support staff to meet the requirements.

Another pricey piece of the law involves providing alternative print forms to the learning disabled simultaneously with traditional texts — “no excuses, no delays,” he said.

In the past, there has often been a lag between distribution of conventional materials and availability of, for example, audio recordings for special needs students.

Now all texts and workbooks that districts purchase must include a universal file format that allows easy conversion to Braille, computer-based reading software or digital audio recordings.

Though Faust outlined some rather extensive changes to the system, he was quick to point out the fluidity of education law and noted that parents and educators could expect more adjustments in the future.

“It’s a moving and evolving target,” he said.

Notice of Special Education Services

Yawn...public notices...

This appeared in the Friday BCCT and it might be good to review the rights of both parents and students when it comes to special education.

Notice of Special Education Services
The public school districts of Bucks County, Pennsylvania, and the Bucks County Intermediate Unit ("the Bucks County school entities"), provide special education and related service to resident children with disabilities who are ages three through twenty-one. The purpose of this notice is to describe (1) the types of disabilities that might qualify the child for such programs and services, (2) the special education programs and related services that are available, (3) the process by which each of the Bucks County School entities screens and evaluates such students to determine eligibility, and (4) the special rights that pertain to such children and their parents or legal guardians.
What types of disability might qualify a child for special education and related services?
Under the Individuals with Disabilities Education Act, commonly referred to as the "IDEA," children qualify for special education and related services if they have one or more of the following disabilities and, as a result, demonstrate a need for special education and related services: (1) mental retardation, (2) hearing impairments, including deafness, (3) speech or language impairments, (4) visual impairments, including blindness, (5) serious emotional disturbance, (6) orthopedic impairments, (7) autism, including pervasive developmental disorders; (8) traumatic brain injury, (9) other health impairment, (10) specific learning disabilities, (11) multiple disabilities, or (12) for preschool age children, developmental delays. If a child has more than one of the above-mentioned disabilities, the child could qualify for special education and related services as having multiple disabilities. Children age three through the age of admission to first grade are also eligible if they have developmental delays and, as a result, need special education and related services. Developmental delay is defined as a child who is less than the age of beginners and at least 3 years of age is considered to have a developmental delay when one of the following exists: (i) The child's score, on a developmental assessment device, on an assessment instrument which yields a score in months, indicates that the child is delayed by 25% of the child's chronological age in one or more developmental areas. (ii) The child is delayed in one or more of the developmental areas, as documented by test performance of 1.5 standard deviations below the mean on standardized tests. Developmental areas include cognitive, communicative, physical, social/emotional and self-help.
The legal definitions of these disabilities, which the public schools are required to apply under the IDEA, may differ from those used in medical or clinical practice. Moreover, the IDEA definitions could apply to children with disabilities that have very different medical or clinical disorders. A child with attention deficit hyperactivity disorder, for example, could qualify for special education and related services as a child with "other health impairments," "serious emotional disturbance," or "specific learning disabilities" if the child meets the eligibility criteria under one or more of these disability categories and if the child needs special education and related services as a result.
Under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, some school age children with disabilities who do not meet the eligibility criteria under the IDEA might nevertheless be eligible for special protections and for adaptations and accommodations in instruction, facilities, and activities. Children are entitled to such protections, adaptations, and accommodations if they have a mental or physical disability that substantially limits or prohibits participation in or access to an aspect of the school program.
What programs and services are available for children with disabilities?
The public school must ensure that children with disabilities are educated to the maximum extent appropriate with their non-disabled peers, commonly referred to as the Least Restrictive Environment (LRE). Programs and services available to students with disabilities, in descending order of preference, are (1) regular class placement with supplementary aides and services provided as needed in that environment, (2) regular class placement for most of the school day with itinerant service by a special education teacher either in or out of the regular classroom, (3) regular class placement for most of the school day with instruction provided by a special education teacher in a resource classroom, (4) part time special education class placement in a regular public school or alternative setting, and (5) special education class placement or special education services provided outside the regular class for most or all of the school day, either in a regular public school or alternative setting.
Depending on the nature and severity of the disability, a Bucks County School entity can provide special education programs and services in (1) the public school the child would attend if not disabled, (2) an alternative regular public school either in or outside the school district of residence, (3) a special education center operated by a public school entity, (4) an approved private school or other private facility licensed to serve children with disabilities, (5) a residential school, (6) approved out-of-state program, or (7) the home.
Special education services are provided according to the primary educational needs of the child, not the category of disability. The types of service available are (1) learning support, for students who primarily need assistance with the acquisition of academic skills, (2) life skills support, for students who primarily need assistance with development of skills for independent living, (3) emotional support, for students who primarily need assistance with social or emotional development, (4) deaf or hearing impaired support, for students who primarily need assistance with deafness, (5) blind or visually impaired support, for students who primarily need assistance with blindness, (6) physical support, for students who primarily require physical assistance in the learning environment, (7) autistic support, for students who primarily need assistance in the areas affected by autism spectrum disorders, and (8) multiple disabilities support, for students with more than one disability the result of which is severe impairment requiring services primarily in the areas of academic, functional, vocational skills necessary for independent living.
Related services are designed to enable the child to participate in or access his or her program of special education. Examples of related services are speech and language therapy, occupational therapy, physical therapy, nursing services, audiologist services, counseling, and family training.
Children of preschool age are served by the Bucks County Intermediate Unit in a variety of home and school-based settings that take into account the chronological and developmental age and primary needs of the child. As with school age programs, preschool programs must ensure that to the maximum extent appropriate, children with disabilities are educated with non-disabled peers.
Each Bucks County School entity, in conjunction with the parents of each identified child, determines the type and intensity of special education and related services that a particular child needs based exclusively on the unique program of special education and related services that the school develops for that child. The child's program is described in writing in an individualized education program, commonly referred to as an "IEP," which is developed by an IEP team consisting of educators, parents, and other persons with special expertise or familiarity the child. The parents of the child have the right to be notified of and to participate in all meetings of their child's IEP team. The IEP is revised as often as circumstances warrant but at least annually. The law requires that the program and placement of the child, as described in the IEP, be reasonably calculated to ensure meaningful educational progress to the student at all times. IEPs contain, at a minimum, the projected start date and duration for the IEP, a statement of the child's present levels of educational and functional performance, an enumeration of annual goals, a description of the child's progress toward meeting the annual goals will be measured and reported, a statement of the special education, program modifications, and related services to be provided, an explanation of the extent, if any, to which the child will not participate with non-disabled children, the anticipated frequency and location of the services and a statement of any accommodations necessary to measure academic achievement and functional performance of the child on state and district wide assessments. For children aged fourteen and older, the IEP must also include a transition plan to assist in the attainment of post-secondary objectives. The public school must invite the child to the IEP team meeting if a purpose of the meeting will be the consideration of the post-secondary goals and transition services needed for the child.

All Bucks County School entities are required to allow parents of children with disabilities reasonable access to their child's classrooms, subject to the provisions of each entity's school visitation policy or guidelines.

How do the public schools screen and evaluate children to determine eligibility for special education and related services?
Multidisciplinary team evaluation
Bucks County School entities must conduct a multidisciplinary team evaluation of every child who is thought to have a disability. The multidisciplinary team is a group of professionals who are trained in and experienced with the testing, assessment, and observation of children to determine whether they have disabilities and, if so, to identify their primary educational strengths and needs. Parents are members of the multidisciplinary team. Bucks County School entities must reevaluate school-age students receiving special education services every three years and must reevaluate children with mental retardation and pre-school-age children receiving special education services every two years.
Parents may request a multidisciplinary team evaluation of their children at any time. They must do so in writing. Every public school has a procedure in place by which parents can request an evaluation. For information about each Bucks County School entity's procedures applicable to your child, contact the school district, which your child attends. Telephone numbers and addresses for the school districts can be found at the end of this notice. Parents of preschool age children, age three through five, may request an evaluation in writing by addressing a letter as follows: Bucks County Intermediate Unit, Early Childhood Services, 705 N. Shady Retreat Road, Doylestown, PA 18901. The telephone number for the Early Intervention Program is (215)-348-2940, ext 1716. You may call that number to schedule a screening appointment for your preschool age child.
Parents of children in private schools may request a multidisciplinary team evaluation of their children without enrolling in their public schools. However, while some services might be available to some private school children who are found eligible by the responsible Bucks County School entity, that entity is not required to provide all or any of the special education and related services those children would receive if enrolled in the public schools. If, after an evaluation, the multidisciplinary team determines that the child is eligible for special education and related services, the responsible Bucks County School entity must offer the child a Free Appropriate Public Educations (FAPE), unless the parents of the child are not interested in such an offer. If parents wish to take advantage of such an offer, they may be required to enroll or re-enroll their child in the responsible Bucks County School entity to do so.

Before a Bucks County School entity can proceed with an evaluation, it must notify the parents in writing of the specific types of testing and assessment it proposes to conduct, of the date and time of the evaluation, and of the parents' rights. The evaluation cannot begin until the parent has signed the written notice indicating that he or she consents to the proposed testing and assessments and has returned the notice to the public school.

Screening

All Bucks County School entities undertake screening activities before referring students for a multidisciplinary team evaluation. Screening activities could involve an instructional support team, commonly referred to as the "IST," or an alternative screening process. Regardless of the particular screening method employed, the screening process must include (1) periodic vision and hearing assessments by the school nurse as mandated by the School Code and (2) screening at reasonable intervals to determine whether all students are performing based on grade-appropriate standards in core academic subjects.

If early intervening activities produce little or no improvement, the child will then be referred for a multidisciplinary team evaluation.

For information about the dates of various screening activities in your child's school or to request screening activities for a particular child, contact the local public school directly. Telephone numbers and addresses for the school districts can be found at the end of this notice. Parents of preschool age children, age three through five, may obtain information about screening activities, or may request a screening of their children, by calling or writing the Bucks County Intermediate Unit, Early Childhood Services, 705 N. Shady Retreat Road, Doylestown, PA 18901. The telephone number for the Early Childhood Program is (215) 348-2940, ext 1716.

Private school administrators, teachers, and parent groups, or individual parents of students in private schools who are interested in establishing systems in those schools for locating and identifying children with disabilities who might need a multidisciplinary team evaluation may contact the Ms. Carole Smith at Bucks County Intermediate Unit, 705 N. Shady Retreat Road, Doylestown, PA 18901; telephone number (215) 348-2940.

What special rights and protections do children with disabilities and their parents have?
State and federal law affords many rights and protections to children with disabilities and their parents. A summary of those rights and protections follows. Interested persons may obtain a complete written summary of the rights and protections afforded by the law, together with information about free or low cost legal services and advice, by contacting their school district's special education or student services department. Telephone numbers and addresses for the school districts can be found at the end of this notice. The written summary is also available through the Bucks County Intermediate Unit, Early Childhood Services, 705 N. Shady Retreat Road, Doylestown, PA 18901; telephone number (215) 348-2940.

Rights and Protections

Prior Written Notice. The responsible Bucks County School entity must notify you in writing whenever it proposes to initiate or to change the identification, evaluation, educational program or placement of a child or whenever it refuses to initiate or make a change in the identification, evaluation, educational program or placement requested by a parent. Such notice must be accompanied by a written description of the action proposed or rejected, the reasons for the proposal or refusal, a description of the evaluation information and other relevant factors used as a basis for the decision, the other options considered, if any, the reasons why such options were rejected and a statement that the parent has the right to procedural safeguards.

Consent. Bucks County School entities cannot proceed with an evaluation or reevaluation, or with the initial provision of special education and related services, without the written consent of the parents. However, a Bucks County School entity may seek approval for an initial evaluation or reevaluation by requesting the approval of an impartial hearing officer by filing a due process request. Additionally, in the case of a parent's failure to respond to a request to conduct a reevaluation, a Bucks County School entity may proceed with the proposed reevaluation without parental consent if it can show that it made a reasonable effort to obtain parental consent and that the parent failed to respond. A public school entity may not seek a hearing to nullify the refusal of a parent to consent to an initial placement in special education.

Protection in Evaluation Procedures. Evaluations to determine eligibility and the current need for special education and related services must be administered in a manner that is free of racial, cultural, or linguistic bias and in the native language of the child. The evaluation must assess the child in all areas related to the suspected disability and include a variety of technically sound instruments, assessment tools and strategies. The assessments and evaluation materials must be used for the purposes for which the assessments or measure are valid and reliable. They must be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the assessment and must be trained to assess special areas of need. Moreover, evaluation determinations cannot be based upon any single measure or assessment.

Independent Educational Evaluation. If parents disagree with the evaluation conducted by the responsible Bucks County School entity, they may request in writing an independent educational evaluation, commonly referred as an "IEE," at public expense. If an IEE is provided at public expense, the criteria under which the IEE is privately obtained must be the same as the criteria that the responsible Bucks County School entity uses when it initiates an evaluation. Information concerning each school entity's evaluation criteria can be obtained through the Office of Special Education or Student Services of that entity. If the Bucks County School entity refuses to pay for the IEE, it must provide legal notice of its decision, including the reason for its denial.

Due Process Hearing Procedures

The parent or the responsible Bucks County school entity, commonly referred to as the Local Educational Agency (LEA), may request a due process hearing with respect to any matter relating to the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education, commonly referred to as "FAPE". The party requesting the hearing must submit a "Due Process Hearing Request" form to the Office for Dispute Resolution, 6340 Flank Drive, Suite 600, Harrisburg, Pennsylvania 17112; telephone (800) 222-3353; TTY (800) 654-5984. A due process hearing will not proceed until all required information is provided and procedures followed.

Timeline for requesting Due Process. The parent or LEA must request a due process hearing by filing a Due Process Hearing Request within two (2) years of the date to parent or the LEA knew or should have known about the alleged action that forms the basis of the request. There are limited exceptions to this timeline. This timeline will not apply if the parent was prevented from filing a Due Process Hearing Request due to either (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the hearing request, or (2) the LEA's withholding of information from the parent that the LEA was required provide.

Filing and Service of the Due Process Hearing Request. The party requesting the hearing must send a copy of the Due Process Hearing Request to the other party and, at the same time, to the Office for Dispute Resolution by mail addressed to the Office for Dispute Resolution, 6340 Flank Drive, Suite 600, Harrisburg, Pennsylvania 17112, or by electronic mail addressed to ODR.pattan.net, or by facsimile at (717) 657-5983.

Contents of Due Process Hearing Request. The Due Process Hearing Request must contain the following information:

1. The name of the child, the address where the child lives, and the name of the school the child is attending or, if the child is homeless, available contact information for the child and the name of the school the child is attending;

2. A description of the nature of the problem, including facts relating to such problem; and

3. A proposed resolution of the problem to the extent known and available to the party filing the Due Process Hearing Request.

Challenging Sufficiency of the Due Process Hearing Request. The Due Process Hearing Request will be considered to be sufficient unless the party receiving it notifies the Hearing Officer and the other party in writing within fifteen (15) days of receipt that the receiving party believes the Request does not meet the requirements listed above.

Response to Request. If the LEA has not sent a prior written notice, such as a Notice of Recommended Educational Placement, commonly referred to as a "NOREP", to the parent regarding the subject matter contained in the parent's Due Process Hearing Request, the LEA must send to the parent, within ten (10) days of receiving the Due Process Hearing Request, a response including the following Information: (1) an explanation of why the LEA proposed or refused to take the action raised in the Hearing Request, (2) a description of other options the Individualized Education Program ("IEP") Team considered, if any, (3) and the reasons why those options were rejected, (4) a description of each evaluation procedure, assessment, record, or report the LEA used as the basis for the proposed or refused action and (5) a description of the factors that are relevant to the proposal or refusal. Filing this response to the parent's Due Process Hearing Request does not prevent the LEA from challenging the sufficiency of the Due Process Hearing Request. If it is the parent receiving the Due Process Hearing Request, then a response to the Due Process Hearing Request must be sent to the other side within ten (10) days of receipt of the request. The response should specifically address the issues raised in the Due Process Hearing Request.

Hearing Officer Determination of Sufficiency of the Due Process Hearing Request. Within five (5) days of receiving a party's challenge to the sufficiency of the Due Process Hearing Request, the Hearing Officer must make a determination based solely on the information contained within the Request whether the Request meets content requirements listed above. The Hearing Officer must immediately notify both parties in writing of his or her determination.

Subject Matter of the Hearing. The party requesting the due process hearing is not permitted to raise issues at the due process hearing that were not raised in the Due Process Hearing Request (or Amended Due Process Hearing Request) unless the other party agrees otherwise.

Resolution Session. Before a due process hearing can take place, the LEA must convene a preliminary meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the Due Process Hearing Request in an attempt to resolve those issues without the need to proceed to a due process hearing. This meeting must be held unless the parent and the LEA agree, in writing, to waive this meeting, or agree to use the mediation process. This preliminary meeting must be convened within fifteen (15) days of the receipt of the Due Process Hearing Request. A representative of the LEA who has decision-making authority must be present at this meeting. The LEA may not have an attorney attend the meeting, unless, the parent is also accompanied by an attorney. Parent advocates may attend the meeting. At the meeting, the parent will discuss the Due Process Hearing Request, and the LEA will be provided the opportunity to resolve the Due Process Hearing Request or agree to use the mediation process. If the parent and LEA resolve the issues in the Due Process Hearing Request at the preliminary meeting, they must put the agreement terms in writing, and both the parent and a representative of the LEA who has the authority to bind the LEA must sign the agreement. The agreement is a legally binding document and may be enforced by a court. Either the parent or LEA may void the agreement within three (3) business days of the date of the agreement. After three (3) business days, the agreement is binding on both parties.

Amended Due Process Hearing Request. Either the parent or a LEA may amend its Due Process Hearing Request only if the other party consents in writing to the amendment and is given the opportunity to resolve the issues raised in the Due Process Hearing Request through a resolution session, or the Hearing Officer grants permission for the party to amend the Due Process Hearing Request. However, the Hearing Officer may grant this permission not later than five (5) days before a due process hearing occurs.

Timeline for Completion of Due Process Hearing. If the LEA has not resolved the Due Process Hearing Request within thirty (30) days of receiving it, or within thirty (30) days of receiving the Amended Due Process Hearing Request the due process hearing may proceed and applicable timelines commence. The timeline for completion of due process hearings is forty-five (45) days, unless the Hearing Officer grants specific extensions of time at the request of either party.

Disclosure of Evaluations and Recommendations. Not less than five (5) business days prior to a due process hearing, each party must disclose to all other parties all evaluations completed by that date, and recommendations based on the offering party's evaluations that the party intends to use at the due process hearing. Failure to disclose this information may result in a Hearing Officer prohibiting the party from introducing the information at the hearing unless the other party consents to its introduction.

Due Process Hearing Rights. The hearing for a child with a disability or thought to have a disability must be conducted and held in the LEA at a place and time reasonably convenient to the parent and child involved. The hearing must be an oral, personal hearing and must be closed to the public unless the parent requests an open hearing. If the hearing is open, the decision issued in the case, and only the decision, will be available to the public. If the hearing is closed, the decision will be treated as a record of the child and may not be available to the public. The decision of the Hearing Officer must include findings of fact, discussion, and conclusions of law. Although technical rules of evidence will not be followed, the decision must be based upon substantial evidence presented at the hearing. A written or, at the option of the parent, electronic verbatim record of the hearing will be provided to the parent at no cost. Parents may be represented by legal counsel and accompanied and advised by individuals with special knowledge or training with respect to the problems of children with disabilities. Parents or parent representatives must be given access to educational records, including any tests or reports upon which the proposed action is based. A party has the right to compel the attendance of and question witnesses who may have evidence upon which the proposed action might be based. A party has the right to present evidence and confront and cross-exam witnesses. A party has the right to present evidence and testimony, including expert medical, psychological, or educational testimony.

Decision of Hearing Officer. A decision made by a Hearing Officer must be made on substantive grounds, based upon a determination of whether the child received a FAPE. In disputes alleging procedural violations, a Hearing Officer may award remedies only if the procedural inadequacies impeded the child's right to a FAPE; significantly impeded the parents opportunity to participate in the decision-making process regarding the provision of a FAPE to the child; or caused a deprivation of educational benefits. A Hearing Officer may still order the LEA to comply with procedural requirements even if the Hearing Officer determines that the child received a FAPE. The parent may still file a Complaint with the Bureau of Special Education within the Pennsylvania Department of Education regarding procedural violations.

Civil Action. A party that disagrees with the findings and decision of the Hearing Officer has the right to file an appeal in state or federal court. In notifying the parties of the decision, the Hearing officer shall indicate the courts to which an appeal may be taken. The party filing an appeal is encouraged to seek legal counsel to determine the appropriate court with which to file an appeal. A party filing an appeal to state or federal court has ninety (90) days from the date of the decision to do so.

Attorney's Fees. A court, in its discretion, may award reasonable attorney's fees to the parent of a child who is a prevailing party or to a State Educational Agency or LEA against the attorney of the parent who files a Due Process Hearing Request or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of the parent who continued to litigate after the litigation clearly became frivolous, unreasonable or without foundation; or to a prevailing State Educational Agency or LEA against the attorney of the parent, or against the parent, if the parent's Due Process Hearing Request or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. Fees awarded will be based on rates prevailing in the community in which the action or proceeding arose for the kind and quantity of attorney services furnished.

The federal law imposes certain requirements upon the parent and LEA and in some circumstances may limit attorney fee awards. Parents should consult with their legal counsel regarding these matters. The following rules apply: Attorney's fees may not be awarded and related costs may not be reimbursed in any action or proceeding for services performed subsequent to the time of a written offer of settlement to the parent if the offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedures, or, in the case of an administrative hearing, at any time more than ten (10) days before the proceeding begins; the offer is not accepted within ten (10) days; and the court finds that the relief finally obtained by the parent is not more favorable to the parent than the offer of settlement. Attorney's fees may not be awarded for time spent attending any meeting of the IEP team unless the meeting is convened as a result of an administrative proceeding or judicial action. A due process resolution session is not considered to be a meeting convened as a result of an administrative hearing or judicial action, nor an administrative hearing or judicial action for purposes of reimbursing attorney's fees. The Court may reduce the amount of any attorney's fee award when: (a) the parent, or the parent's attorney, during the course of the action or proceeding unreasonably protracted the final resolution of the controversy; (b) the amount of the attorney's fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience; (c) the time spent and legal services furnished were excessive considering the nature of the action or proceeding; or (d) the attorney representing the parent did not provide to LEA the appropriate information in the Due Process Hearing Request. These reductions do not apply in any action or proceeding if the court finds that the State or LEA unreasonably protracted the final resolution of the action or proceeding.

Child's Status During Administrative Proceedings. Except for discipline cases, which have specific rules, while the due process case, including appeal to a court of competent jurisdiction, is pending, the child must remain in his or her present educational placement unless the parent and LEA or State agree otherwise. If the due process hearing involves an application for initial admission to public school, the child, with parental consent, must be placed in the public school program until completion of all the proceedings, unless the parent and LEA agree otherwise.

Private School Tuition Reimbursement. In some cases, parents of children who were identified by the public school as eligible for special education and related services and who received such services can recover in a due process hearing or from a court an award of private school tuition reimbursement. Parents can also receive such awards if their child was in need of special education and related services but were not offered such services in a timely manner. To obtain an award of tuition reimbursement, parents must notify their public school of their intent to enroll their child in a private school either verbally at the last IEP team meeting prior to withdrawing their child or in writing received by the public school at least ten days prior to the date on which the child is withdrawn from public school. Parents can obtain tuition only when they can prove at a special education due process hearing that (1) the public school failed to offer an appropriate program or placement to the child, (2) the parents therefore placed their child in a private school, and (3) the private school placement was proper. Tuition reimbursement awards can be denied or reduced if the parent' s behavior was improper or if the parents delay unreasonably in asserting a claim against the public school in a due process hearing. Such awards can also be denied or reduced if the parents fail to do one of the following: (1) notify the public school of their intent to place the child in a private school at the last IEP team meeting prior to the planned placement or (2) notify the public school in writing of their intent to place the student in a private school at least ten days before withdrawing the student for that purpose.

Mediation. Parties may agree to submit their dispute to the mediation process by requesting mediation from the Office for Dispute Resolution. Mediation may be requested in place of or in addition to a due process hearing. If a hearing is also requested, mediation cannot delay the scheduling of the due process hearing, unless the Hearing Officer grants a continuance for that purpose at the request of a party. An impartial, trained mediator facilitates the mediation process, which is scheduled at a time and location convenient to the parties. The parties are not permitted to have attorneys participate in the process. Any resolution reached through mediation must be reduced to writing, which will be binding on the parties.

Rights under Section 504 of the Rehabilitation Act of 1973. As noted above, some students with disabilities who are not in need of special education and related services are nevertheless entitled to adaptations and accommodations in their school program or in the physical environment of school buildings, grounds, vehicles, and equipment, when such adaptations or accommodations are required to enable the student to access and participate meaningfully in educational programming and extracurricular activities. Parents are entitled to a written description of the adaptations and accommodations that the public school is willing to offer. This written description is called a "service agreement" or "accommodation plan." The rights and protections described above under the headings "Notice," "Consent," "Protection in Evaluation Procedures," and "Maintenance of Placement" apply to students receiving adaptations and accommodations under Section 504. Parents who have complaints concerning the evaluation, program, placement, or provision of services to a student may request either an informal conference with the public school or a due process hearing. The hearing must be held before an impartial hearing officer at a time and location convenient to the parents. Parents have the right to request a free written or electronic transcript or recording of the proceedings, to present evidence and witnesses disclosed to the public school, to confront evidence and testimony presented by the public school, to review their child's complete educational record on request before the hearing, to receive a written decision from the hearing officer, and to be represented by counsel or an advocate of their choice. An appeal may be taken from the decision of the hearing officer to a court of competent jurisdiction.

Compliance Complaints. In addition to the above hearing rights, parents and others with complaints concerning the education of a child with disabilities or violations of rights guaranteed by either the IDEA or Section 504 may file complaints with the Pennsylvania Department of Education, which must investigate such complaints and issue written findings and conclusions. Information concerning such complaints can be obtained at the following address:

Pennsylvania Department of Education
Bureau of Special Education
Division of Compliance Monitoring and Planning
333 Market Street, 7th Floor
Harrisburg, PA 17126-0333
(800) 879-2301

Notice of Services for Gifted Students

While "gifted" is not one of the "disabilities" required under the Federal IDEA legislation, the State Board of Education's regulations as set forth in 22 Pa. Code Chapter 16 - Special Education for Gifted Students, provides recognition that gifted students are considered to be "children with exceptionalities" under the Public School Code of 1949 and are in need of special designed instruction.

What is the school district's responsibility for identifying children of school age who have gifted abilities?

A district shall conduct public awareness activities to inform the public of gifted education services and programs and the manner by which to request these services and programs. These awareness activities shall be designed to reach parents of students enrolled in the public schools.
(22 Pa. Code§ 16.21(b))

How do the public schools screen and evaluate children to determine eligibility for gifted education and services?

Screening:
Chapter 16 requires that "Each school district shall adopt and use a system to locate and identify all students within the district who are thought to be gifted and in need of specially designed instruction."

"Each school district shall determine the student's needs through a screening and evaluation process which meets the requirements of this chapter."(22 Pa. Code § 1621(a)(c))

Screening is a two-step process. The first step is a systematic "first look" at all students and the second step is a more intense review of potentially gifted students. The screening procedures should generate data from a variety of sources, which should be, compared to a predetermined multiple criteria for gifted potential/performance. Students who are thought to be gifted should be referred for a Gifted Multidisciplinary Evaluation that would include an IQ test.

Gifted Multidisciplinary Evaluation:
For students who are potentially gifted students, the district should perform the following steps:
" Conduct the Gifted Multidisciplinary Evaluation
" Compile a Gifted Written Report
" Convene a Gifted Individualized Education program team meeting to determine whether the student is gifted; and,
" Develop a Gifted Individualized Education program if the student is a gifted student.
Parents may, in writing, request a Gifted Multidisciplinary Evaluation (GMDE) once per school year. When a parent's request for a GMDE is received by the school district, the evaluation must be completed with regulatory timelines. The timeline begins from the date the school district receives the signed Permission to Evaluate from the parent. If a parent makes a verbal request for an evaluation, the school district must tell parents to put their request in writing and must provide a form for that purpose.

The process shall include information from the parent or others who interact with the student on a regular basis and may include information from the student

The process may not use one test or type of test, as the sole criterion for determining that a student is/is not exceptional.

The process may not use intelligence test yielding an IQ score as the only measure of aptitude for students of limited English proficiency, or for students of racial, linguistic or ethnic minority background.

Test and similar evaluation materials that are used to determine giftedness must be:
" Selected and administered in a manner that is free from racial and cultural bias and bias based on disability,
" Selected and administered so that test results accurately reflect the student's aptitude, achievement level or whatever other factors the test purports to measure,
" Professionally validated for the specific purpose for which they are used,
" Administered by certified school psychologist under instructions provided by the producer of the tests and sound professional practice,
" Selected and administered to assess specific areas of educational need and ability and not merely a single general IQ.
(22 Pa. Code§ 16.22(g)(3)(i),(ii),(iii),(iv), and (v))

Independent Evaluations:

Parents, at their own expense, may obtain an independent evaluation by a certified school psychologist. The school district is required to consider this information when making decisions regarding student identification. (22 Pa. Code § 16.61(e)(3))

Dual Exceptionalities:

If a student is both gifted and eligible for special education, the procedures in Chapter 14 shall take precedence. For these students identified with dual exceptionalities, the needs established under the gifted status must be fully addressed in the procedures required in Chapter 14. ( 22 Pa. Code § 16.7(b))

For students who are gifted and eligible for special education, it is not necessary for school districts to conduct separate screening and evaluations, develop separate IEPs, or use separate procedural safeguards processes to provide for a student's needs as both a gifted and eligible student. (22 Pa. Code § 16.7(c))

Gifted Written Report (GWR)

The Gifted Multidisciplinary Team must prepare a written report that brings together the information and findings from the evaluation or reevaluation concerning the student's educational needs and strengths. The report must make recommendations as to whether the student is gifted and in need of specially designed instruction, must indicate the basis for those recommendations, and must indicate the names and positions of the members of the team. (22 Pa. Code§16.22 (h))

Gifted Individual Education Program (GIEP)

A Gifted Individual Education Program is a written plan describing the education to be provided to a gifted student. The initial plan shall be based on and responsive to the results of the evaluation and shall be developed and implemented in accordance with Chapter 16. (22 Pa. Code § 16.31 (a))

The Gifted IEP should reflect the needs of the student. The needs of the culturally diverse, disadvantaged, underachieving, female, English Language Learners, and students with disabilities who may also be gifted may require different assessment and attention to their multiple special needs in the development of the GIEP. There should be a description of the student's present educational levels and other information necessary to develop appropriate goals and outcomes by subject area to provide acceleration, enrichment, or both as needed. The student's placement must provide an instructional environment that can meet the accelerated learning needs and enrichment needs of the gifted student and must be documented in the GIEP.

The writing of the GIEP is a duty of the school district. To foster discussion and understanding, school districts are encouraged to compose GIEPs that are understandable to educators who will be delivering the GIEP, to parents to ensure the student's active participation and understanding of the gifted education program that will be delivered and, where appropriate, to the student.

Notice of Recommended Assignment

A Notice of Recommended Assignment (NORA) must be completed at the conclusion of each GIEP review and any time that a significant change has been made to the GIEP. (22 Pa. Code §16.61 (2))

Student Relocation

If a student moves from one school district in the Commonwealth to another, the new district must implement the existing GIEP to the extent possible or must provide the services and programs specified in an interim GIEP agreed to by the parents until a new GIEP is developed and implemented. (22 Pa. Code § 16.31 (b))
Educational Placement

Chapter 16 requires that the educational placement of gifted school-age exceptional students in Pennsylvania includes specially designed instruction that is individualized to include acceleration, enrichment or both as appropriate. (22 Pa. Code § 16.2 (d)(3), §16.41 (b)(3))

Districts may use administrative and instructional strategies and techniques in the provision of gifted education for gifted students which do not require, but which may include, the categorical grouping of students. The placements must:
" Enable the provision of appropriate specially designed instruction based on the student's need and ability §16.41 (b)(1))
" Ensure that the student is able to benefit meaningfully from the rate, level, and manner of instruction §16.41 (b)(2))
" Provide opportunities to participate in acceleration or enrichment, or both, as appropriate for the student's need. These opportunities must go beyond the program that the student would receive as a part of the general education. (22 Pa. Code §16.41 (b)(1),(2), and (3))



Notices
The school must comply with the written notice and consent requirements under 22 Pa. Code §16.61 and §16.62. Written notices are required 10 school days prior to:
" Conducting a gifted multidisciplinary evaluation or reevaluation (22 Pa. Code § 16.61 (a)(1))
" Initiating, changing or refusing to initiate or change identification, evaluation or placement (22 Pa. Code § 16.61 (a)(2))
" Making or refusing to make any significant changes in the GIEP (22 Pa. Code § 16.61 (a)(2))

Content of Notices must be:
" Written in language understandable to the general public
" Communicated orally in native language or directly so parents understand the content of the notices (22 Pa. Code §16.61 (c))

Written Parental Consent Must Be Obtained Prior to:
" Conducting an initial multidisciplinary evaluation (22 Pa. Code §16.62 (1))
" Placing a gifted student in a gifted program (22 Pa. Code §16.62 (2))
" Disclosing to unauthorized persons information identifiable to a gifted student (22 Pa. Code §16.62 (3))
" Placing a student in the recommended assignment (22 Pa. Code §16.62 (4))

Timelines

The Gifted Multidisciplinary Evaluation must be completed within 45 school days after receiving parental permission for an initial evaluation or after notifying the parents of a reevaluation or after receiving an order of a court or hearing officer to conduct a multidisciplinary evaluation.

The Gifted Written Report must be written within 10 school days after the evaluation report is completed, and a copy of the Gifted Written Report must be given to parents within 5 school days after it is completed. (22 Pa. Code § 16.22 (j)(1)(2)(3))

The Invitation to the Gifted IEP meeting must be sent 10 calendar days before the Gifted IEP meeting. (22 Pa. Code §16.2 (d)(6))

A Notice of Recommended Assignment is presented to parents at the Gifted IEP meeting or by certified mail within 5 calendar days after the completion of the Gifted IEP meeting. (22 Pa. Code § 16.2 (f) and §16.62 (4))

The Gifted IEP must be completed within 30 calendar days after the Gifted Written Report is written. (22 Pa. Code § 16.2 (g)(1))

The Gifted IEP must be implemented no more than 10 school days after it is signed or the start of the following school year if the GIEP was developed fewer than 30 days prior to the last day of the school year. (22 Pa. Code §16.2 (g)(2))

Private School Placement

Parents may choose to have their gifted child educated at a private school completely at private expense. (22 Pa. Code §16.42 (a))

The parent may choose a home program for the gifted student. If a home program is chosen, Sections 1327 and 1327.1 of the School Code (24 P.S. §§13-1327 and 1327.1) govern the provisions of the gifted student's education. (22 Pa. Code §16.42(b))

A child can be identified as both a child with a disability and mentally gifted. In such cases, the rights of the child and his or her parents are governed by the rules applicable to children with disabilities and their parents, as described above.

Student Records

The public schools of Bucks County maintain records concerning all children enrolled in public school, including students with disabilities. Records containing personally identifiable information about or related to children with disabilities could include, but are not limited to, cumulative grade reports, discipline records, enrollment and attendance records, health records, individualized education programs, notices of recommended assignment, notices of intent to evaluate and reevaluate, comprehensive evaluation reports, other evaluation reports by public school staff and by outside evaluators, work samples, test data, data entered into the Penn Data system, correspondence between school staff and home, instructional support team documents, referral data, memoranda, and other education-related documents. Records can be maintained on paper, on microfiche, on audio or videotape, and electronically. Records can be located in the central administrative offices of the public school, the administrative offices of the Bucks County Intermediate Unit, the school building or building at which the student attended or attends school, private schools and facilities at which the public school has placed the child for educational purposes, central storage facilities and electronic storage systems, and in the secure possession of teachers, building administrators, specialists, psychologists, counselors, and other school staff with a legitimate educational interest in the information contained therein. All records are maintained in the strictest confidentiality.

Records are maintained as long as they remain educationally relevant. The purposes of collecting and maintaining records are (1) to ensure that the child receives programs and services consistent with his or her IEP; (2) to monitor the ongoing effectiveness of programming for the child; (3) to document for the public school and the parents that the student is making meaningful progress; (4) to satisfy the requirements of state and federal agencies who have an interest in inspecting or reviewing documents concerning particular students or groups of students for purposes of compliance monitoring, complaint investigation, and fiscal and program audits; and (5) to inform future programming for and evaluations of the child. When educational records, other than those, which must be maintained, are no longer educationally relevant, the public school must so notify the parents in writing and may destroy the records or, at the request of the parents, must destroy them. Public schools are not required to destroy records that are no longer educationally relevant unless the parents so request in writing.

Parent consent. Parent consent is required in writing prior to the release of any personally identifiable information concerning a child with disabilities. Parent consent is not required, however, prior to the release of information (1) to a hearing officer in a special education due process hearing; (2) to public school staff and contractors with a legitimate educational interest in the information; (3) to officials or staff of other schools and school systems at which the student is enrolled or intends to enroll; (4) to federal or state education officials and agencies and to the Comptroller of the United States; (5) to accrediting organizations to carry out their accrediting functions; (6) to comply with a lawful subpoena or judicial order; (7) in conjunction with a health or safety emergency to the extent necessary to protect the health and safety of the child or others; or (8) that the public schools have designated as "directory information." Disclosure without consent of the parent is subject to certain conditions more fully described in the Family Educational Rights and Privacy Act, 20 U.S.C § 1332g, and its implementing regulation, 34 C.F.R. Part 99.

Parent access. Upon submitting a request to do so in writing, parents have the right to access the educational records of their child within forty-five days or before any due process hearing or IEP team meeting, whichever is sooner. Access entitles the parent to the following: (1) an explanation and interpretation of the records by public school personnel; (2) copies of the records if providing copies is the only means by which the parent can effectively exercise his or her right of inspection and review; and (3) inspection and review of the records by a representative of the parent's choosing upon presentation to the records custodian of a written authorization from the parent. The public school may charge a fee not to exceed its actual costs for copying records.

"Directory information." Public school entities designate certain kinds of information as "directory information." The public schools of Bucks County typically designate the following as "directory information": (1) the name, address, telephone number, and photographs of the child; (2) the date and place of birth of the child; (3) participation in school clubs and extracurricular activities; (4) weight and height of members of athletic teams; (5) dates of attendance; (6) diplomas and awards received; (7) the most recent previous institution or school attended by the child; and (8) names of parents, siblings, and other family members. The District will provide this information to any interested person, including armed forces recruiters who request it, without seeking consent from the parents of the student or the student. Parents who do not want the District to disclose such information must so notify the District in writing on or before the first day of the school term. Written notice must identify the specific types of directory information that the parent does not want the District to disclose without consent. If the parent fails to notify the District in writing by the first day of the school term, the District may release directory information upon request and without consent.

Disclosure of records containing personally identifiable information to other schools and institutions. Public school entities disclose personally identifiable information concerning students to educational agencies or institutions at which the student seeks to enroll, intends to enroll, or is enrolled, or from which the student receives services, when that agency or institution requests such records.

Access to records by school officials with a "legitimate educational interest." School officials with a legitimate educational interest in the personally-identifiable information contained in education records can have access to personally identifiable information without parent or student consent. Each school entity designates in its education records policy those persons who have a "legitimate educational interest" that would allow such access to education records. Such persons typically include teachers of the child, building administrators, guidance counselors to whom the child is assigned, members of instructional support and multidisciplinary teams in the course of screening and evaluation activities, records custodians and clerks, public school administrators with responsibility for programs in which the student is enrolled or intends to be enrolled, school board members sitting in executive session in consideration of matters concerning the child upon which only the school board can act, program specialists and instructional aides working with the child, therapeutic staff working with the child, and substitutes for any of the foregoing persons

Amendment of education records. After reviewing records, a parent or a student who has attained the age of 18 can request that records be amended. The school will make the requested changes or reject the request within forty-five days of the receipt of the request in writing. If the school rejects the request, the parent or student may request an informal hearing. The hearing can be held before any public school official who does not have a direct interest in its outcome. If the parents are dissatisfied with the outcome of the informal hearing, they may submit to the public school a statement outlining their disagreement with the record. The school thereafter must attach a copy of that statement to all copies of the record disclosed to third parties.

Complaints to the United States Department of Education. Complaints concerning alleged failure of a public school entity to comply with the requirements of the Family Educational Rights and Privacy Act may be addressed to the United States Department of Education as follows:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605

This notice is only a summary of the special education services, evaluation and screening activities, and rights and protections pertaining to children with disabilities, children thought to be disabled, and their parents. For more information or to request evaluation or screening of a public or private school child contact the responsible Bucks County School entity listed below. For preschool age children, information, screenings and evaluations requested, may be obtained by contacting the Bucks County Intermediate Unit. The addresses of these schools are as follows:


Bucks County Intermediate Unit Council Rock School District
Early Intervention Services Administrative and Business Office
705 Shady Retreat Road 30 N. Chancellor Street
Doylestown, Pennsylvania 18901-2501 Newtown, PA 18940
(215) 348-2940 or 1-800-770-4822 (215) 944-1000

Bensalem Township School District Morrisville School District
Dorothy D. Call District Office
Administrative Center West Palmer Street
3000 Donallen Drive Morrisville, PA 19067-2195
Bensalem, PA 19020 (215) 736-2681
(215) 750-2800

Bristol Borough School District Neshaminy School District
District Office 2001 Old Lincoln Highway
420 Buckley Street Langhorne, PA 19047
Bristol, PA 19007 (215) 809-6000
(215) 781-1000

Bristol Township School District New Hope-Solebury School District
Administration Building Administration Office
6401 Mill Creek Road 180 W. Bridge Street
Levittown, PA 19057-3200 New Hope, PA 18938
(215) 943-3200 (215) 862-2552

Centennial School District Palisades School District
Administration Building District Office Building
433 Centennial Road 39 Thomas Free Drive
Warminster, PA 18974 Kintnersville, PA 18930
(215) 441-6000 (610) 845-5131

Central Bucks School District Pennridge School District
Administrative Offices Education Center
16 Welden Drive 1506 N. Fifth Street
Doylestown, PA 18901-2501 Perkasie, PA 18944-2295
267-893-2000 (215) 257-5011


Pennsbury School District Quakertown School District
Pennsbury Central Office Administrative Office
134 Yardley Avenue 600 Park Avenue
P.O. Box 338 Quakertown, PA 18951-1588
Fallsington, PA 19058-0038 215-529-2000
(215) 428-4100


Bucks County Montessori School
219 Tyburn Road
Fariless Hills, PA 19030
(215) 547-5230

School Lane Charter School
2400 Bristol Pike
Bensalem, PA 19020
(215) 245-6055

Center for Student Learning
134 Yardley Avenue
PO Box 338
Fallsington, PA 19058
(215) 428-4100 ext. 66100


The Bucks County Intermediate Unit will not discriminate in employment, educational programs, or activities based on race, color, national origin, age, sex, handicap, creed, marital status or because a person is a disabled veteran or a veteran of the Vietnam era. No preschool, elementary or secondary school pupil enrolled in an Intermediate Unit program shall be denied equal opportunity to participate in age and program appropriate instruction or activities due to race, color, handicap, creed, national origin, marital status or financial hardship.

Appeared in: Bucks County Courier Times on Friday, 09/26/2008

New Pennsylvania Chapter 14 special education regulations

This link leads eventually to a law firm, so the usual caveats apply and this link is provided for information only. Take a look at the disclaimer on the SNAG page and assume that I am invoking the same limitations here.

No matter what the caveats, the new provisions they list did go into effect.

The new Pennsylvania Chapter 14 special education regulations became effective July 1, 2008, and we have summarized for parents the most relevant changes affecting children with disabilities.

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.