Special Education Overview (Chester)

M
cAndrews L Offices, P
aw
.C.

Berwyn, PA 610-648-9300
Wyomissing, PA 610-374-9900
Central PA 717-221-1422
Northeastern PA 570-969-1817

Special Education:
A Practical Overview for
Families
www.mcandrewslaw.com

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

FAPE
Free Appropriate Public Education
A program which is reasonably calculated to
afford meaningful educational progress in all
domains (academic, social, emotional,
behavioral, physical) through a proper
Individualized Education Program (IEP).


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

FAPE
• Purpose of special education is to move
the child to a reasonable level of
independence and self-sufficiency
consistent with potential.
• Specially Designed Instruction must be
based on peer-reviewed research.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

FAPE
• Accommodations and supports must
be provided as necessary to make
meaningful educational progress, to
allow maximum integration with nondisabled peers, and to participate in
extracurricular/ nonacademic
activities.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

FAPE
• Transition services from at least age 16
must be based upon appropriate transition
assessments which are specifically
designed to improve the child’s academic
and functional achievement. Services
must be designed to facilitate the child’s
movement to post-school activities.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

FAPE
• Students must be placed in the Least Restrictive
Environment (LRE) consistent with their needs.
• Extended School Year (ESY) - eligible when
regression occurs over the Summer with limited
recoupment ability, or where the child is not making
meaningful progress to fulfill IEP goals.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Eligibility – IDEA 2004
•
•
•
•
•

Autism
Deaf-blindness
Deafness
Emotional disturbance
Hearing impairment

• Mental
retardation/Intellectual
Disability
• Multiple disabilities
• Orthopedic impairment
• Other health impairment


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Eligibility – IDEA 2004
• Specific learning
disability
• Speech or language
impairment

• Traumatic brain injury
• Visual impairment
• Developmental Delay


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Eligibility - 504
• Section 504 provides a broader definition of an
“individual with a disability”: [A]ny person who (i)
has a physical or mental impairment which
substantially limits one or more of such person’s
major life activities; (ii) has a record of such an
impairment; or (iii) is regarded as having such an
impairment.
• Learning is a major life activity

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Child Find
• The State must have in effect policies and procedures to
ensure that all children with disabilities residing in the
State, including children with disabilities who are
homeless children or children with disabilities attending
private schools, regardless of the severity of their
disability, and who are in need of special education and
related services, are identified, located, and evaluated.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Child Find
• Child find also must include
– Children who are suspected of being a child
with a disability and in need of special
education, even though they are advancing
from grade to grade; and
– Highly mobile children, including migrant
children.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Evaluations
• Initial evaluation is required when there is
reason to suspect that the child has a
disability and needs special education.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Evaluations
• Scope of evaluation and reevaluation:
– In evaluating each child with a disability, the
evaluation must be sufficiently comprehensive to
identify all of the child’s special education and related
services needs, whether or not commonly linked to
the disability category in which the child has been
classified.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Evaluations
• A new evaluation procedure is being strongly
encouraged for students suspected of having a
Specific Learning Disability -- A “Response to
Intervention Model” is now preferred to the
former “Ability-Achievement Model” which relied
upon a severe discrepancy between ability and
achievement and was a “wait-to-fail” process
which cheated needy children.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Evaluations
• Parents have a right to obtain an Independent
Educational Evaluation, often at public expense.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

IEP: Individualized Education Plan
• Defined:
Individualized Education Program or IEP
means a written statement for each child with
a disability that is developed, reviewed, and
revised in a meeting with parents and
relevant professionals.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

IEP Components
• A statement of the child’s present levels of
academic achievement and functional
performance
• A statement of measurable annual goals,
including academic and functional goals


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

IEP Components
• A description of—
– How the child’s progress toward
meeting the annual goals will be
measured; and
– When periodic reports will be provided

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

IEP Components
• A statement of the special education and
related services and supplementary aids and
services, based on peer-reviewed research to
the extent practicable, and a statement of the
program modifications and supports for
school personnel

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

IEP Components
• An explanation of the extent, if any, to which the
child will not participate with nondisabled children in
the regular class and in other school activities


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

IEP Components
• A statement of any individual appropriate
accommodations that are necessary to
measure the academic achievement and
functional performance of the child on State
and districtwide assessments.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

“Service Plan”
• Section 504 and Pennsylvania’s Chapter 15
require a “Service Plan” with special
education services and related services


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Related Services
• Audiology
• Counseling services
• Early identification and
assessment
• Interpreting services
• Diagnostic Medical
services

• Occupational therapy
• Orientation and mobility
services
• Parent counseling and
training
• Physical therapy


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Related Services
• Psychological services
• Recreation
• Rehabilitation counseling
services
• Social work services

• School health services
and school nurse
services
• Speech-language
pathology
• Transportation


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

LRE: Least Restrictive Environment
• Each public agency must ensure that-– To the maximum extent appropriate, children with
disabilities, including children in public or private
institutions or other care facilities, are educated with
children who are nondisabled; and


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

LRE
– Special classes, separate schooling, or other
removal of children with disabilities from the
regular educational environment occurs only if
the nature or severity of the disability is such
that education in regular classes with the use
of supplementary aids and services cannot be
achieved satisfactorily.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

LRE
• The child's placement-– Is determined at least annually;
– Is based on the child’s IEP; and
– Is as close as possible to the child’s home;


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

LRE
• Unless the IEP of a child with a
disability requires some other
arrangement, the child should be
educated in the school that he or she
would attend if nondisabled;


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

LRE
• A continuum of placements must be maintained
and be available to meet the needs of children
with disabilities. The continuum must include
instruction in regular classes, special classes,
special schools, home instruction, and
instruction in hospitals and institutions


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

LRE
• Residential placements for educational purposes:
– If placement in a public or private residential program
is necessary to provide special education and related
services to a child with a disability, the program,
including non-medical care and room and board, must
be at no cost to the parents of the child


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

LRE
• “Instruction in the home” (a special education placement)
versus “homebound instruction” (based upon a medical
reason to provide instruction at home) versus “home
schooling” (a parental choice to provide instruction by
family members and outside providers rather than by/at
the public schools)


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

The New Chapter 14
Regulations

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Parent Requested Evaluations
• Parent should request an
evaluation in writing
• School has 10 calendar
days to issue a PTE
• If requested orally a PTE
should still be issued
within 10 calendar days
• 60 calendar days to
perform evaluation

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Evaluation and Reevaluation
Timelines

• 60 calendar days versus 60 school days
• Clock begins upon receipt of a signed
permission to evaluate


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

IEP’s
• Includes a standard for LRE from court cases
• Supports and services may be delivered in the
regular education classroom and other settings
as determined by the IEP team.
• The IEP team must consider the regular
education class with the provision of
supplementary aids and services before
considering the provision of services in other
settings.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Least Restrictive Environment
• To maximum extent
possible must be
educated w/ non-disabled
peers
• Removal from regular
education can occur only
when the severity of
disability is such in
regular education cannot
be achieved even with
supplementary services

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

More LRE
• May not be
determined to need a
separate class b/c he
cannot achieve to the
same level as peers
• Student can make
meaningful progress
in the goals of the IEP

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

LRE

• Administrative convenience or cost cannot be
the sole reason for a separate education
• Must have full continuum of placement options

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Behavior Plans
• Should include
“researched based
practices”
• Support programs should
be based on an FBA
• If behavior interferes with
learning must have an
FBA part of IEP
• “Aggressive Behavior =
an IEP meeting within 10
school days

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Positive Behaviors and Use of
Restraints
• Positive behavior techniques should be used
• Restraints are last resort
• If restraints are used, the District must notify the parents
and convene an IEP meeting within 10 school days
• Parents may waive this meeting in writing
• At IEP meeting, the team will consider the need for an
FBA, an RR, a new positive behavior plan, or a change
in placement

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Use of Restraints
• If included in IEP, the IEP must also include
positive behavior supports (PBS)
• Used in conjunction with teaching of socially
acceptable alternative skills
• Should be used by authorized and trained staff
• Must be a plan in place to eliminate the use of
restraints

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Restraints cont…
• Prone restraints are prohibited
• District must maintain and report to the
Secretary data on restraints used
• After a student with a PBS plan is referred
to law enforcement, an updated FBA and
PBS plan is required

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Paraprofessionals
• All instructional
paraprofessionals must
have 20 hours of staff
development
• By July 1, 2010, all
para-pros must
possess an associate’s
degree or two years of
“post secondary study”

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

How Many is Too Many?
• Eliminates the terms “resource” and “part-time”
as the amount of service
• Replaced with “Supplemental” services


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Types of Services
• Itinerant Services
(20% or less)
• Supplemental (less
than 80% but more
than 20%)
• Full-Time (80% or
more)


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Who Are the Special Education
Personnel?
• Special Education Teachers
• Speech and Language Therapists
• Occupational Therapists


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Time Matters
• The amount of time = percentage of time with
special education personnel in or outside of the
classroom
• Amount of time with paraprofessional does not
count in the amount of services/time


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Extended School Year
• Eligibility school-aged
children w/ severe
impairments by 2/28
and NOREP by 3/31
• Other students = a
timely matter
• Pre-school children
can be eligible

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Transition Services

• Transition planning will begin at 14 versus 16
• Need measurable post-secondary goals

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Access to Classrooms
• “Reasonable Access”
to their child’s
classroom
• Can not “shop” for a
classroom


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Disciplinary Placements

• Cumulative suspensions more than 15 days in
one year = change of placement
• MR students can be suspended for 1 day

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Procedural Safeguards
• Incorporates new federal rules on special education
hearings
• Parent’s can bring “advocate” to resolution session
• Pendency applies when a parent requests mediation


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Due Process Hearing
• Eliminates the appeals
panel
• All appeals will proceed
within 90 days to
federal court or PA
Commonwealth Court
• Pre-hearing conference
v. Resolution sessions

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

DISCIPLINE 101


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Chapter 12 of PA Code
 Governs suspensions &
expulsions of ALL
students
 Informal meeting for
suspensions of 1-3 days
 There are no time limits
for ISS –exclusion from
class NOT school

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Chapter 12 Continued…
 Additional requirements for suspensions of 4-10 days
 Informal hearings held within first 5 days
 Written notification of reasons for suspension
 Sufficient advance notice of time and place of hearing
 Question any witnesses present at the hearing

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

What is an Expulsion?

“Exclusion from school by the board of education
for a period exceeding ten (10) school days and
may be permanent expulsion from the school
rolls.”

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Obligations & Rights of an Expelled Student
 If the child is under 17, the child must attend a
school
 Another school could include another public school,
charter school, private school, or homeschooling
 If these can not be arranged by parent, the parent
must confirm in writing within 30 days
 The District must then “make provision for the
student’s education”

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Additional Protections
 Students eligible under the
Individuals With Disabilities
Education Act (IDEA)
 Students protected by Section
504 of the Rehabilitation Act
 Students “thought-to-be
eligible” under either act


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Section 504 Protections v. IDEA Protections
 Under both Acts, a district cannot exclude a
student from schooling for more than 10
consecutive days if the behavior is a
manifestation of the student’s disability
 No manifestation determination procedure under
Section 504
 Explicit “stay put” provision during due process
proceedings under IDEA but not under Section
504
 Students remain entitled to FAPE after expulsion
under both Acts; however, not the LRE

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Students with Disabilities and Suspensions
 22 Pa Code Section 14.133(e) precludes
punishment for conduct which is a manifestation
of a disability


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Students with Mental Retardation/Intellectual
Disabilities
 Any removal of a student
with Mental
Retardation/Intellectual
Disabilities is a change of
placement
 45-day Interim Alternative
Educational Setting
(IAES) for a drug/weapon
offense

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Cumulative Days = Change of Placement?
 In PA, the days of suspension can not exceed 15
 A pattern of serial suspensions will constitute a
change in educational placement when the
suspension exceeds 10 days in any school year
and the pattern looks like a change in placement
in light of:
 The length of each suspension;
 The proximity of time between suspensions; and
 The total time out of school

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Exceptions to the Number of Days
 School officials can place students in an IAES for up to
45 days if the student;
 Carries a dangerous weapon (18 U.S.C. §930(g)(2);
 Knowingly uses or possesses illegal drugs or buys/sells a controlled
substance;
 Causes “Serious Bodily Injury”; or
 Presents a danger to himself or others as determined by a hearing
officer


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

When is a Manifestation Determination
Required?

A formal hearing is
required when there
is a removal from
school for more than
10 days


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Manifestation Determination
 Was the conduct in
question caused by, or
had a direct & substantial
relationship to the child’s
disability?
 Was the conduct in
question a direct result of
the LEA’s failure to
implement a proper IEP?

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Yes or No to the Determination
If the answer is “no” to both questions,
then the District may proceed with the
suspension/expulsion hearing
If the answer is “yes” to either question,
then the District may not proceed with
suspension/expulsion

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Timelines
 A manifestation determination must be made
immediately, but no later than 10 days after a decision to
pursue a disciplinary exclusion


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Not a Manifestation?
 If the behavior was not a manifestation, and the District
seeks to change the student’s placement, parents must
be provided with written prior notice of its decision
 Parents are given the opportunity to disagree and to
initiate due process proceedings
 District must follow Chapter 12 requirements


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Functional Behavioral Assessments
(FBA)
Is an evaluative process for addressing problem
behavior. It relies on a variety of measures to
identify the purposes (or the function) of specific
behavior and to aide the Individualized
Education Plan (“IEP”) team in developing
interventions to directly address the problem
behavior

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

More FBA…
FBAs are required by the Individuals with Disabilities
Education Act (“IDEA”) if the school is going to change
the student’s educational placement in order to address
the behavior that led to the violation of student conduct
so that it does not reoccur. This requirement is
irrespective of whether the behavior is a manifestation of
a student’s disability.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Before an FBA is conducted, the following steps
must be taken:
 Identify the behavior that is
causing learning or discipline
problems;
 Define that behavior in specific
terms that are easy to
communicate and simple to
measure and record.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

For Example…
Adam is not completing his class work
because he refuses to do it.
The behavior can be identified as, “Adam
refuses to complete class work.”


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Once the Behavior is Identified
 Observe the student's
behavior in a variety of
different settings and
during different types of
activities
 Conduct interviews with
school staff and parents, in
order to pinpoint particular
patterns of the behavior.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Another Example…

An observation of Adam throughout the day may
reveal that he does not complete his class work
in English or Social Studies, but readily
completes it in Math and Science. It may also
reveal that Adam is experiencing disciplinary
issues in English and Social Studies classes, but
is a model student the remainder of the school
day.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Data Must Be Analyzed

 This analysis determines the patterns associated with the
behavior.
Adam refuses to complete class work whenever it
requires reading.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Revise the FBA?
If patterns cannot be determined, the
team should revise the functional
behavioral assessment to identify
other methods for assessing
behavior.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Develop a Behavior Management Plan

 Once the problem behavior
has been evaluated, the IEP
team can begin to devise a
Behavior Management Plan
to address the problem
behaviors.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Behavior Management Plans (BMPs)
The Pennsylvania Department of
Education has outlined a Five-Step
Process for the development and
implementation of BMPs. (Guidelines
on Effective Behavioral Support, 1995):


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Step 1: Functional Behavior Assessment
 An FBA involves:
1) identifying the areas of
behavior that are impeding
the child’s ability to learn or
the learning of others; and
2) the collection of data
regarding the identified
inappropriate behavior,
through observational data
and/or informant data, in a
variety of settings.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Step 2: Hypothesis Statements
 The Hypothesis Statements summarize the data
collected from the FBA about the function or purpose of
the identified inappropriate behaviors.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Step 3: Behavior Management Plan
Development
 A BMP is a written document that provides the specifics
regarding:
1) the identified inappropriate behavior(s);
2) the function or purpose of the behavior;
3) the strategies to prevent the behavior;
4) the replacement skills that should be taught; and
5) how those implementing the plan should react to
inappropriate behaviors.
 A BMP should be individualized to the student and
incorporated as part of their IEP.

the

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Step 4: Plan Evaluation
 Data should be
continually collected
regarding the
increase/decrease of the
identified inappropriate
behaviors as well as the
demonstration of
replacement skills.

M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Step 5: Modification of the BMP

 Based upon the success or failure of the BMP,
the IEP team should modify the plan to address
the child’s needs.


M
aw
.C.

Berwyn, PA 610-648-9300
Central PA 717-221-1422

Need more information?
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Special Education Overview (Chester)

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Special Education Overview (Chester)