CHANGES IN CHAPTERS 14 and 711 SPECIAL EDUCATION SERVICES AND PROGRAMS

1. PA Department of Education, Bureau of Special Education Bureau of Early Intervention Services Pennsylvania Training and Technical Assistance Network (PaTTAN) CHANGES IN CHAPTERS 14 and 711 SPECIAL EDUCATION SERVICES AND PROGRAMS

2. Agenda Welcome General Provisions Screening & Evaluation IEP & Placement Procedural Safeguards Review of Revised Forms

3. Training Materials All materials (both slides and forms) are final. Chapter 14 and 711 were published in the Pennsylvania Bulletin on June 28, 2008, thereby making them final.

4. NEW Key to Slides = Entire slide is new BOLD UNDERLINED type = Wording change

5. Please email questions to: Chapter14@pattan.net

6. General Provisions

7. DEFINITIONS Agency –A school entity, approved private school, State-operated program or facility or other public (excluding charter schools and cyber charter schools)or private organization providing educational services to children with disabilities or providing early intervention services. §14.101

8. DEFINITIONS NEW Cyber charter school--An independent public school established and operated under a charter from the Department and which uses technology to provide a significant portion of its curriculum and to deliver a significant portion of instruction to its students through the Internet or other electronic means. A cyber charter school must be organized as a public, nonprofit corporation. Cyber charters may not be granted to any for-profit entity. §711.1

9. DEFINITIONS Regional charter school--An independent public school established and operated under a charter from more than one local board of school directors and in which students are enrolled or attend. A regional charter school must be organized as a public, nonprofit corporation. Charters may not be granted to any for-profit entity. §711.1

10. DEFINITIONS Early intervention agency – A school entity or licensed provider that has entered into a mutually agreed upon written arrangement (MAWA) with the Department to provide early intervention services to eligible young children in accordance with the act. §14.101

11. DEFINITIONS NEW School code – The Public School Code of 1949. School entity – A local public education provider such as a school district, area vocational-technical school or intermediate unit but excluding charter schools and cyber charter schools. §14.101

12. Purposes– Chapter 14 The purposes of Chapter 14 are to adopt Federal regulations by incorporation by reference to satisfy the statutory requirements under the IDEA and to ensure that: • Children with disabilities have access to the general curriculum, and participate in State and local assessments as established and described in Chapter 4 (relating to academic standards and assessment). • Children with disabilities are educated, to the maximum extent appropriate, with their non-disabled peers and are provided with supplementary aids and services. • School entities provide access to a full continuum of placement options. • The use of early intervening services promotes students’ success in a general education environment. §14.102

13. Purposes and Intent– Chapter 711 Chapter 711 specifies how PDE will meet its obligation to ensure that charter schoolsand cyber charter schoolscomply with IDEA and Section 504: • Children with disabilities must have access to the general curriculum, and participate in State and local assessments as established and described in Chapter 4 (relating to academic standards and assessment). • The Department supports the use of pre-referral intervention strategies, to promote students' success in the general education environment. §711.2

14. Terminology related to Federal regulations NEW Added to current “Local education agency” definition-- Regarding children with disabilities enrolled by their parents in private schools, the intermediate unit must be considered to be the local education agency for the provision of equitable participation services. §14.103

15. Special Education Plans • Each school district must developand implementa special education plan aligned with the strategic plan of the school district. • The special education plan must be developed every 3 years consistent with thephaseof the strategic plan of the school district. §14.104(a)

16. Special Education Plans NEW The district special education plan must specify the special education programs that operateand are operatedin the district and it must describe: • Early intervening services if the services are provided by the school district. • The school district procedures for complying with the State criteria for identifying children with specific learning disabilities. • Examples of supplementary aids and services provided by the school district. • Access to a full continuum of educational placements. §14.104(b) New language to Ch. 14, but in current practice.

17. Special Education Plans NEW The district plan also must describe: • Policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children with disabilities, for those school districts identified with significant disproportionality. • School district procedure on behavior support services, including a description of the training provided by staff in the use of positive behavior supports, de-escalation techniques, and appropriate responses to student behavior that may require immediate intervention • Parent training activities provided by the school district. §14.104(b)

18. Special Education Plans • Each intermediate unit must prepare annually and submit to the Secretary a special education plan specifying the special education services and programs to be operated by the intermediate unit,including equitable participation services. • Each early intervention agency must developand submit to the Departmentan early intervention special education plan everyyear. §14.104(d) and (e)

19. Special Education Plans The Department will approve plans in accordance with the following criteria: • Services and programs are designed to meet the needs of identified students or eligible young children within the early intervention agency. • The full range of services and programs … are available to children with disabilities and eligible young children. • Placement of students with disabilities in settings other than regular education settings may not be based on lack of resources, facilities, staff or for administrative convenience. • The plan meets the specifications as defined in this chapter and the format, content and time for submission of the agency plans prescribed by the Secretary. §14.104(f)

20. NEW Special Education Plans Each school entity must maintain information concerning students with disabilities, the services provided, performance and discipline data, as specified by the Secretary, and report information in a form and at times as required by the Secretary. §14.104(i)

21. NEW Personnel: Paraprofessionals Instructional Paraprofessionals A school employee who works under the direction of a certified staff member to support and assist in providing instructional programs and services to children with disabilities or eligible young children. • Such support and assistance includes one-on-one or group review of material taught by certificated staff, classroom management and implementation of positive behavior support plans. • Services may be provided in a special education class, regular education class, or other instructional setting as provided in the student’s IEP. §14.105(a), §711.5 (c)

22. NEW Personnel: Paraprofessionals Instructional Paraprofessionals Effective July 1, 2010 must • Have completed at least two years of postsecondary study OR • Possess an associate degree or higher OR • Meet a rigorous standard of quality as demonstrated through a State or local assessment. §14.105(a), §711.5 (c)

23. NEW Personnel: Paraprofessionals Instructional Paraprofessionals Effective July 1, 2008: • Each school entity, charter school and cyber charter school must provide evidence of 20 hours annually of staff development activities related to a paraprofessional’s assignment. • No provisions in this section are to supersede the terms of a collective bargaining agreement in effect on July 1, 2008. §14.105(a), §711.5 (c)

24. NEW Personnel: Paraprofessionals Personal Care Assistants • Provides one-to-one support and assistance to a student, including support and assistance in the use of medical equipment (e.g. augmentative communications devices; activities of daily living; and monitoring health and behavior). • May provide support to more than one student, but not at the same time. §14.105(a), §711.5(c)

25. NEW Personnel: Paraprofessionals Personal Care Assistants Effective July 1, 2008: • Each school entity, charter school and cyber charter school must provide evidence of 20 hours annually of staff development activities related to a staff member’s assignment. • The 20 hours of training may include training required by the school-based ACCESS program. This includes the requirements for CPR and First Aid but not training related to paperwork requirements. §14.105(a), §711.5 (c)

26. Educational Interpreters NEW An individual who provides students who are deaf or hard of hearing with interpreting or transliterating services in an educational setting. §14.105 (b), §711.5 (b)

27. Educational Interpreters NEW Effective July 1, 2008 Must meet qualifications I or II and III: I. Achieve and provide evidence of a score of 3.5 on the Educational Interpreter Performance Assessment (EIPA) for the appropriate grade level to which the person has been assigned. - OR- II. Be a qualified educational interpreter or qualified transliterator under the Sign Language Interpreter and Transliterator Registration Act and its implementing regulations. - AND - §14.105 (b), §711.5 (b)

28. Educational Interpreters NEW III. Provide evidence of a minimum of 20 hours of staff development activities relating to interpreting or transliterating services annually. The State Board of Education, in consultation with the Department, will review the EIPA score requirement every 2 years. §14.105, §711.5 (b)

29. NEW Personnel - Caseload • The following words and terms have the following meanings, unless the context clearly indicates otherwise: • Itinerant - special education supports and services provided by special education personnel for 20% or less of the school day • Supplemental - special education supports and services provided by special education personnel for more than 20% but less than 80% of the school day • Full-time – special education supports and services provided by special education personnel for 80% or more of the school day §14.105(c) Caseload provisions are not in Chapter 711.

30. Personnel - Caseload The following chart represents the maximum number of students allowed on a teacher’s caseload. §14.105(c)

31. NEW Personnel - Caseload Each student with a disability must be assigned to a special education teacher’s caseload. §14.105(c)

32. Personnel - Caseload When requesting caseload variance, district must: Describe the opportunities for parents, teachers and other interested parties to review and comment on the chart prior to its submission.The district must provide and include a copy of the notice to the public indicating the district intends to request a waiver of caseload regulations and a description of how parents, teachers and other interested parties were provided opportunities to give comment on the waiver request. §14.105(c) New language to Ch. 14, but current practice.

33. Personnel - Caseload • Caseload requirements are not applicable to • Approved private schools • Chartered schools for the deaf and blind • Charter schools under Chapter 711 §14.105(c)

34. Preschool Early Intervention Personnel-Caseload The caseloads of professional personnel must be determined on the basisof the amount of time required to fulfill eligible young children’s IEPs. • The following caseload requirements shall be used for Preschool Early Intervention programs--- §14.155 (d)

35. Preschool Early Intervention Personnel-Caseload NEW Early Intervention Itinerant Teachers • Provide services in typical preschool, community program, or home • Caseload range 20-40 children based on duration and frequency of services on IEP §14.155 (d)

36. Preschool Early Intervention Personnel-Caseload NEW Early Intervention Classroom Teachers • Provide specialized instruction in a early intervention classroom • May have up to six young children in an early intervention classroom • May have additional children up to a maximum of 11 if one additional teacher or paraprofessional is added to that classroom §14.155 (d)

37. Preschool Early Intervention Personnel-Caseload NEW Speech Therapists • Provide services in the classroom, typical preschool, community program or home. • Caseload of 25-50 children based on the duration and frequency of services on IEP §14.155 (d) (3)

38. Access to Instructional Materials The Board adopts the National Instructional Materials Accessibility Standard (NIMAS) Pennsylvania is coordinating with the National Instructional Materials Accessibility Center (NIMAC) Pennsylvania has defined timely manner for the provision of high quality accessible materials NEW §14.106(a), §711.45

39. Access to InstructionalMaterials Agencies act in a timely manner in providing instructional materials if they take all reasonable steps to ensure that children who are blind or other persons with print disabilities have access to their accessible format instructional materials at the same time that students without disabilities have access to the instructional materials. NEW §14.106, §711.45(c)

40. NEW Complaint Procedure • PDE will establish a complaint procedure and disseminate notice of that procedure. §14.107, §711.10 New language to Ch. 14 and 711, but current practice.

41. NEW Access to Classrooms • Parents must have reasonable access to their child’s classrooms, within the parameters of local educational agency policy. • In PA, each LEA is required to have in place a policy regarding school visitation. §14.108 New language to Ch. 14, but current practice. This provision is not contained in Chapter 711.

42. Please email questions to: Chapter14@pattan.net

43. Child Find, Screening, and Evaluation

44. NEW Child Find Public Awareness Written information published in the school district handbook and school district website (if the district has a website). … must include information regarding potential signs of developmental delays and other risk factors that could indicate disabilities. §14.121(b), §711.21(b)

45. Child Find Public Awareness Each school district must provide annual public notification, published or announced in newspapers,electronic mediaand other media, with circulation adequate to notify parents throughout the school district of child identification activities… §14.121(c)

46. NEW Child Find Intermediate units are responsible for child find activities necessary to provide equitable participation services… regarding children with disabilities enrolled by their parents in private schools. • §14.121(d)

47. Screening The screening process mustinclude: • Hearing and vision screening • Screening at reasonable intervals to determine whether all students are performing based on grade-appropriate standards in core academic subjects. §14.122(b), §711.23

48. NEW Screening • Each school district may develop a program of early intervening services. • In the case of school districts for whom PDE has identified disproportionality, the early intervening services are required and must include: • Verification that the student was provided with appropriate instruction in reading and math • For students with academic concerns, an assessment of the student’s performance in relation to State-approved grade level standards. • For students with behavioral concerns, a systematic observation of the student’s behavior in the school environment where the student is displaying difficulty. New language to Ch. 14, but current practice. §14.122(c), §711.23

49. NEW Screening Early intervening services (continued) • A research-based intervention to increase the student’s rate of learning or behavior change based on the results of the assessments • Repeated assessments of achievement or behavior, or both, conducted at reasonable intervals reflecting formal monitoring of student progress during the interventions • Determination as to whether the student’s assessed difficulties are the result of a lack of instruction or limited English proficiency §14.122(c), §711.23

50. NEW Screening Early intervening services (continued) • Determination as to whether the student’s needs exceed the functional ability of the regular education program to maintain the student at an appropriate instructional level. • Documentation that information about the student’s progress was periodically provided to the student’s parents. §14.122(c), §711.23(c)